FBODaily.com | FedBizOpps: PRESOL | Z | Data Server Room Reconfiguration Design and Construction of 3 Offices at Pretrial Services Room S257 and S258 - Package #1

FBO DAILY - FEDBIZOPPS ISSUE OF JUNE 05, 2016 FBO #5308
SOLICITATION NOTICE

Z -- Data Server Room Reconfiguration Design and Construction of 3 Offices at Pretrial Services Room S257 and S258 - Package #1

Notice Date: 6/3/2016
Notice Type: Combined Synopsis/Solicitation
NAICS: 236220 — Commercial and Institutional Building Construction
Contracting Office: General Services Administration, Public Buildings Service (PBS), Lower Manhattan Field Office (2PMSL), 290 Broadway, NY, New York, 10007, United States
ZIP Code: 10007
Solicitation Number: GS-02-P-16-PH-P-7001
Point of Contact: Donna Mattos, Phone: 2126372973
E-Mail Address: donna.mattos@gsa.gov
(donna.mattos@gsa.gov)
Small Business Set-Aside: Total Small Business
Description: Nondisclosure memo. Please fill out and submit prior to the Site Visit. Submit by email to donna.mattos@gsa.gov In email subject title state SOLICITATION NUMBER: GS-02-P-16-PH-P-7001. Break down sheet. Include all pricing cost. Refer to SOW for a full description to include on your sheet. Use as many sheets as needed. Drawings and images; for reference, not exact measurements. Not to replace SOW or site visit; although site visit is not mandatory. General Decision Number NY160003 05 20 2016 NY3 SOW, Scope of Work. Template with instructions and information. STANDARD FORM 25A Payment bond. FAR Clauses by reference. STANDARD FORM 1442. Retuned sign and dated with your offer. CONSTRUCTION SITE VISIT: Thursday, June 9, 2016 at 11:00 am.Location: Theodore Roosevelt U.S. Courthouse, 225 Cadman Plaza East, Brooklyn, N.Y. 11201. Must pre register. REQUESTS FOR CLARIFICATION OR INTERPRETATION: Due by Friday, June 17, 2016; 12:00 pm est. OFFERS DUE: no later than July 6, 2016 at 12:00 pm est. No emails or facsimiles. BID OPENING 07/06/2016, 2:00 PM Eastern time; location: GSA Brooklyn Field Office, 271 Cadman Plaza East-Rm 2560 Brooklyn, N.Y. 11201-1832. Only bid submitters will be admitted and only one representative from each company. Follow description in SOW for building security to gain entry in the federal building. See all attachments for the complete soliciation requirments and project description. SOLICITATION NUMBER: GS-02-P-16-PH-P-7001 Construction Contract for Project Name: Data Server Room Reconfiguration & Design and Construction of 3 Offices at Pretrial Services Room Location: Theodore Roosevelt U.S. Courthouse, 225 Cadman Plaza East, Brooklyn, NY 11201 The Solicitation is for Small Business Set-Aside Notice to Offerors of Small Business Set-Aside Contractor must have an active self-registration in SAM, https://www.sam.gov, to participate in bid. The General Services Administration (GSA) is setting aside the contract under the following clause found in the Agreement: 52.219-6, Notice of Total Small Business Set Aside No pre-solicitation notice on FedBizOps. The Awardees Period of Performance for this contract is Ninety (90) days from Notice to Proceed letter. Do not submit offer/proposal/quote/bid by EMAL or Facsimile. Table of Contents I. General Information •A. The Solicitation and Contract •B. List of Solicitation Documents •C. Authorized Representatives •D. Estimated Price Range •E. FAR 52.236-27 Site Visit •F. Submittal Of Offers / Receipt of Offers II. Proposals •A. Proposal Contents •B. Proposal Format: •C. Other Information to be Submitted with Proposal •D. Requirements for Joint Venture Offerors III. General Provisions A. Availability of Funds B. Requests for Clarification or Interpretation C. Notice to Small Business Firms D. Information Concerning the Disclosure of Solicitation Results E. Affirmative Procurement Program F. Notice Concerning Preparation of Proposals G. Contractor Performance Information H. Safeguarding Documents Designated as Sensitive but Unclassified I. Additional Security Requirements IV. FAR/GSAR Solicitation Provisions: A. FAR 52.215-1 Instructions to Offerors-Competitive Acquisition B. FAR 52.216-1 Type of Contract C. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction D. FAR 52.233-2 Service of Protest E. Buy American F. Buy American Exceptions G. FAR 52.252-1 Solicitation Provisions Incorporated by Reference H. GSAR 552.102 Incorporating Provisions and Clauses by Reference V. Additional Solicitation Provisions and Instructions A. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 B. FAR 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions C. FAR Clauses incorporated by Reference. VI. Method of Award VI.A. Evaluation of Offers VI.B. Determination of Responsibility VI.C. Price Reasonableness VI.D. Unbalanced Prices VI.F. Non-Price Factors VI.G. Evaluation of Joint Venture Offerors VI. H. Additional Bond Information FAR 28.102 I. GENERAL INFORMATION I.A. THE SOLICITATION AND CONTRACT (1) This Solicitation is set-aside for Small Businesses in accordance with FAR 19. This Solicitation sets forth requirements for proposals for a Contract to construct the Project described in the attached Agreement. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror, subject to the conditions set forth herein. (2) Neither the Solicitation nor any part of an Offeror's proposal shall be part of the Contract except to the extent expressly incorporated therein by the Contracting Officer. (3) The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer. No contract shall be formed unless and until the Contracting Officer has countersigned the SF 1442 submitted by an Offeror, and delivered to the Contractor a copy of the SF 1442 with original signatures together with the Agreement reflecting the Offeror's proposed prices. I.B. LIST OF SOLICITATION DOCUMENTS The Solicitation Documents are comprised of: •1. Standard Form (SF) 1442 - Solicitation Offer and Award •a. Break down sheet •2. SOW dated: 05/23/2016 •3. General Decision Number: NY160003 05/20/2016 NY3. •4. FAR Clauses incorporated by reference. •5. Nondisclosure for Contractor Personnel letter. •6. A payment bond STANDARD FORM 25A. Payment bond is required along with one other certification; see section: VI. H. Additional Bond Information FAR 28.102. I.C. AUTHORIZED REPRESENTATIVES The following individuals are designated as the authorized GSA representatives under this Solicitation: (1) Contracting Officer Donna Mattos Acquisition Manager General Services Administration 271 Cadman Plaza East-Rm 2560 Brooklyn, N.Y. 11201-1832 (718) 510-1806 donna.mattos@gsa.gov (2) Alternate Point of Contact Alvaro Vargas Construction Control Representative General Services Administration 271 Cadman Plaza, East, Brooklyn, NY, NY 11201 (718) 510-1806 Alvaro.Vargas@gsa.gov I.D. ESTIMATED PRICE RANGE The estimated price range for the Project is between $ 25,000 and $100,000. I.E. FAR 52.236-27 Site Visit - Construction (FEB 95) (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 and are in the attached Agreement. Accordingly, Offerors are urged and expected to inspect the site where the work will be performed. (2) 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. Offerors shall submit a Visit Authorization Request (VAR) identifying all attendees from their respective team. Participants must have a valid, Government issued picture identification, driver's license preferred, to gain access for the pre-proposal Site Visit. Notification of the location of entry, where attendees are required to meet, and all other requirements for the Site Visit will be issued to the Offerors. Submit the VAR to the point of contacts listed below by email: Title of email must state: "Site Visit GS-02-P-16-PH-P-7001" (1) Contracting Officer Donna Mattos Acquisition Manager General Services Administration 271 Cadman Plaza East-Rm 2560 Brooklyn, N.Y. 11201-1832 (718) 510-1806 donna.mattos@gsa.gov (2) Alternate Point of Contact Alvaro Vargas Construction Control Representative General Services Administration 271 Cadman Plaza, East, Brooklyn, NY, NY 11201 (718) 510-1806 alvaro.vargas@gsa.gov (3) Site visits will be held at the following dates and times: Construction Site visit: Thursday, June 9, 2016 at 11:00 am. Theodore Roosevelt U.S. Courthouse, 225 Cadman Plaza East, Brooklyn, NY 11201. In the lobby area after you pass through security wait at vacant desk. For further information about the site visit or access requirements, please contact by email or phone: (1) Contracting Officer Donna Mattos Acquisition Manager General Services Administration 271 Cadman Plaza East-Rm 2560 Brooklyn, N.Y. 11201-1832 (718) 510-1806 donna.mattos@gsa.gov (2) Alternate Point of Contact Alvaro Vargas Construction Control Representative General Services Administration 271 Cadman Plaza, East, Brooklyn, NY, NY 11201 (718) 510-1806 Alvaro.Vargas@gsa.gov I.F. SUBMITTAL OF OFFERS / RECEIPT OF OFFERS (1) In order to be considered for award, offers conforming to the requirements of the Solicitation must be received at the following office, are due, no later than July 6, 2016 at 12:00 pm est. at the following address: (a) Contracting Officer Donna Mattos Acquisition Manager General Services Administration 271 Cadman Plaza East-Rm 2560 Brooklyn, N.Y. 11201-1832 (718) 510-1806 donna.mattos@gsa.gov (2) Offers sent by commercial package delivery and hand delivery shall be deemed received as of the date and time of delivery to the office designated for receipt of offers. (3) Offers sent by United States Mail shall be deemed timely if delivered to the address of the government installation designated for receipt of offers on or before the date established for receipt of offers. (4) No Facsimiles or EMAIL offers/quotes bid/proposals will be accepted. BID OPENING 07/06/2016, 2:00 PM Eastern time; location: GSA 271 Cadman Plaza East-Rm 2560, Brooklyn, N.Y. 11201-1832. Only bid submitters will be admitted; only one representative from each company. Follow description in SOW for building security to gain entry in the federal building. (5) GSA is not responsible for late or misdirected mail. II. PROPOSALS II.A PROPOSAL CONTENTS •1. Proposals shall consist of the following documents, completed and executed in accordance with this Solicitation: •2. Submit STANDARD FORM 1442. •a. Ensure you sign and date the SF1442. •3. VALID SAM Certification www.SAM.GOV see section: II.C. OTHER INFORMATION TO SUBMIT WITH PROPOSAL •4. Submit one of the following: A payment bond STANDARD FORM 25A; (ii) An irrevocable letter credit (ILC); or (iii) A tripartite escrow agreement or (iv) Certificates of deposit. (a) FAR 28.102-1 General Information. (1) Pursuant to 40 U.S.C. 3132, for construction contracts greater than $35,000, but not greater than $150,000, the contracting officer shall select two or more of the following payment protections, giving particular consideration to inclusion of an irrevocable letter of credit as one of the selected alternatives: (i) A payment bond STANDARD FORM 25A ; the awardee must return executed bonds within 10 days of notification. (ii) An irrevocable letter of credit (ILC). (iii) A tripartite escrow agreement. The prime contractor establishes an escrow account in a federally insured financial institution and enters into a tripartite escrow agreement with the financial institution, as escrow agent, and all of the suppliers of labor and material. The escrow agreement shall establish the terms of payment under the contract and of resolution of disputes among the parties. The Government makes payments to the contractor's escrow account, and the escrow agent distributes the payments in accordance with the agreement, or triggers the disputes resolution procedures if required. (iv) Certificates of deposit. The contractor deposits certificates of deposit from a federally insured financial institution with the contracting officer, in an acceptable form, executable by the contracting officer. (v) A deposit of the types of security listed in 28.204-1 and 28.204-2. (2) The contractor shall submit to the Government one of the payment protections selected by the contracting officer. (3) The contractor shall furnish all bonds or alternative payment protection, including any necessary reinsurance agreements, before receiving a notice to proceed with the work or being allowed to start work. (a) 100 percent of the original contract price; and (b) If the contract price increases, an additional amount equal to 100 percent of the increase. II.B. PROPOSAL FORMAT Submit proposal in one envelope. Make sure all necessary paperwork is signed and dated. The Price Proposal shall consist of the signed SF 1442. Ensure that there is a break down all cost and a grand total. A break down sheet is included; please include with your proposal. NOTE you must incorporate all items stated in the SOW in your total amount. You may use extra sheets for your tabulation and submit that with your proposal. The break down sheet is for guidance and does not replace the work stated in the SOW. The total amount of your offer should include all work as stated in the SOW. (a) QUALIFICATIONS, EXCLUSIONS AND CONDITIONS If the Offeror communicates in its proposal any qualifications, exclusions, or conditions to the proposed prices not provided for in the Contract Documents, the Contracting Officer may reject the proposal and exclude the Offeror from further discussions. (b) PAST PERFORMANCE OF OFFEROR This factor considers the past performance of the Offeror. The Offeror shall submit references (a person or persons who may be contacted regarding the quality of the Offeror's past performance) for comparable projects substantially completed within the last eight (8) years. The Offeror must provide a GC Reference Form for each reference. The name, title, company name, current address, current phone number, and current fax number for each reference must appear on the form. This factor will be evaluated based upon the written responses to the RFP by the Offeror and by the evaluation of responses of references recommended by the Offeror. The Government also reserves the right to use other government data available in its assessment of the offeror. The quality of the reference information supplied will be considered. In accordance with FAR 15.306, the offeror will be given the opportunity to respond to adverse past performance information. (c) EXPERIENCE ON COMPARABLE PROJECTS This factor considers the extent of the Offeror's past experience as a firm in providing similar construction services. The Offeror must demonstrate successful experience as a General Construction (GC) Contractor responsible for the construction of at least two (2) "similarly complex" projects substantially completed within the past five (5) years. A similarly complex project is defined as a project that is comparable in nature, type, and complexity as defined by the all of the following characteristics: ● the project involved new building construction and/or the renovation of a comparably sized structure; ● the project was performed in an occupied and functioning office building; ● the project involved all of the following disciplines - architectural, civil, structural, HVAC, plumbing, electrical, fire alarm, elevator, and telecommunications; ● the project included historic restoration and repair of a building listed or eligible to be listed on the National Register of Historic Buildings; ● the project included Hazardous Material abatement. ● The project included requirements for noise control ● The total project construction cost at award of the construction contract(s) The Offeror may also present not more than 5 additional comparable projects substantially completed within the last five (5) years. A Comparable project could include the any combination of the above listed characteristics and the following characteristics: Project involved construction of office and related facilities Project involved the restoration of historic finishes Project required close coordination with occupants/owners security regulations Project involved substantial night and/or weekend work Project involved work on a historic site and/or building For each project presented in relation to this factor (two minimum to seven maximum), the Offeror must explain how the characteristics of the project relate to the characteristics of this project. The similarity to this project is more important than the quantity of projects presented. In addition, for each project presented, the Offeror shall submit a GC Past Performance Reference Form: This factor will be evaluated based upon the written response to the RFP by the Offeror and the past experience demonstrated by the presented projects. II.C. OTHER INFORMATION TO SUBMIT WITH PROPOSAL (1) Representations and Certifications Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in the System for Award Management (SAM), accessed via https://www.sam.gov. Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8), using the attached Offeror's Representations and Certifications (C301). SAM must be active and in good standing. II.D. Requirements for Joint Venture Offerors (1) All offers submitted by joint ventures must include a copy of an executed joint venture agreement (with original signatures) which fully discloses the legal identity of each member of the joint venture, the relationship between the members, the form of ownership of each member, and any limitations on liability or authority for each member. (2) An authorized representative of each member of the joint venture must sign the SF 1442 accompanying an offer regardless of any agency relationship established between the members. (3) In the case of corporations that are joint venture members, the corporation secretary must certify that the corporation is authorized to participate in the joint venture, either by so certifying in the joint venture agreement, or by submitting a separate certification to the Government. The joint venture must also provide a certificate that identifies a principal representative of the joint venture with full authority to bind the joint venture. (4) Representations and certifications, financial information, and past performance information must be submitted for each member of the joint venture. III. GENERAL PROVISIONS III.A AVAILABILITY OF FUNDS Issuance of this Solicitation does not warrant that funds are presently available for award of a Contract. Award of the contract shall be subject to the availability of appropriated funds, and the Government shall incur no obligation under this Solicitation in advance of such time as funds are made available to the Contracting Officer for the purpose of contract award. III.B. REQUESTS FOR CLARIFICATION OR INTERPRETATION •(1) Due by Friday, June 17, 2016; 12:00 pm est. •(2) Send all requests for clarification or interpretation to: donna.mattos@gsa.gov and alvaro.vargas@gsa.gov •(3) In email subject title state "RFI GS-02-P-16-PH-P-7001" •(4) Answers will be posted to FedBizOps. •(5) If you do not have access to email contact: Donna Mattos Acquisition Manager General Services Administration (718) 510-1806 III.C. NOTICE TO SMALL BUSINESS FIRMS A program for the purpose of assisting qualified small business concerns in obtaining certain bid, payment, or performance bonds that are otherwise not obtainable is available through the Small Business Administration (SBA) (www.sba.gov). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office. III.D. INFORMATION CONCERNING THE DISCLOSURE OF SOLICITATION RESULTS This acquisition is being conducted under the provisions of FAR Part 15 as a negotiated procurement. In accordance with FAR 3.104 and FAR 15.207, after receipt of proposals, no information regarding the identity of those submitting offers, the number of offers received, or the information contained in such offers will 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 clauses FAR 52.204-4 requiring double sided printing on recycled paper for all reports and FAR 52.223-10 encouraging vendors to practice waste reduction. III.F. NOTICE CONCERNING PREPARATION OF PROPOSALS Offerors are cautioned to carefully read the entire Solicitation and the Agreement to be included in the Contract contemplated by the Solicitation in order to be fully aware of all requirements and clauses in the contemplated Contract. Verify that all blanks requiring information to be supplied in an Offer have been properly filled out, that all pricing and other numerical data is accurately calculated, and that all copies of the Offer contain the same information. •(1) Any costs incurred, concerning the preparation of proposal/offer/quote/bid, are not the responsibility of GSA and cannot be reimbursed. III.G. CONTRACTOR PERFORMANCE INFORMATION (1) Evaluating Contractor Performance: The General Services Administration is using the Contractor Performance Assessment Reporting System (CPARS) module as the secure, confidential, information management tool to facilitate the performance evaluation process. CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is http://www.cpars.gov. 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 (http://www.cpars.gov/allapps/cpcbtdlf.htm) and updated as needed. (4) Contractor Representative (CR) Role: All evaluations will be sent the Contractor Representative (CR) named on your award. The CR will be able to access CPARS to review and comment on the evaluation. If your CR is not already in the CPARS system, the contracting officer will request the name and email address of the person that will be responsible for the CR role on your award. Once an evaluation is ready to be released the CR will receive an email alerting them the evaluation is ready for their review and comment. The email will indicate the time frame the CR has to respond to the evaluation; however, the CR may return the evaluation earlier than this date. GSA shall provide for review at a level above the contracting officer (i.e., contracting director) to consider any disagreement between GSA and the contractor regarding GSA's evaluation of the contractor. Based on the review, the individual at a level above the contracting officer will issue the ultimate conclusion on the performance evaluation. Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file. III.H. SAFEGUARDING DOCUMENTS DESIGNATED AS SENSITIVE BUT UNCLASSIFIED Certain information contained in the Solicitation Documents may have been designated as Sensitive but Unclassified (SBU) building information. •(1) Submit Nondisclosure for Contractor Personnel letter prior to site visit date. •a. Submit to donna.mattos@gsa.gov and alvaro.vargas@gsa.gov •b. Please try to submit when you register for site visit. •c. Email subject title "Site visit and Nondisclosure doc GS-02-P-16-PH-P-7001" III.I. ADDITIONAL SECURITY REQUIREMENTS: (1) See SOW section labeled SECURITY CLEARANCE. (2) FAR 52.224-1, Privacy Act Notification, April 1984 (3) FAR 52.224-2, Privacy Act, April 1984 (4) GSAR Clause 552.204-9, Personal Identity Verification Requirements, October 2012 IV. FAR/GSAR SOLICITATION PROVISIONS IV.A. FAR 52.215-1 Instructions to Offerors-Competitive Acquisition (JAN 04) (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. (c) 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). (d) 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. (e) 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. (f)(4) The Government intends to evaluate proposals and award a contract after conducting discussions with offerors whose proposals have been determined to be within the competitive range. 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. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint. (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 contract 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. IV.B. FAR 52.216-1 Type of Contract (APR 84) The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation. •(a) FAR 52.222-5 Construction Wage Rate Requirements •(1) Included in Solicitation package: General Decision Number: NY160003 05/20/2016 NY3 IV.C. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999) (Applicable to solicitations resulting in construction contracts in excess of $10,000.) (a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation. (b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Note: Locality goals can be found at Locality goals can be found at http://www.dol.gov/ofccp/TAguides/TAC_FedContractors_JRF_QA_508c.pdf ] These goals are applicable to all 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: This contract will be performed in Brooklyn, New York, 11201. IV.D. FAR 52.233-2 Service of Protest (SEP 06) (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.F. BUY AMERICAN FAR 52.225-1 IV.G. BUY AMERICAN EXCEPTIONS For Buy American exceptions, if any, see the applicable Buy American clause in Section IV of the Agreement. (d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts. (End of clause) IV.G. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 98) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. •(a) Additional clause by reference are included in the Solicitation Package. 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: http://www.acquisition.gov/comp/far/index.html NUMBER TITLE DATE 52.214-34 Submission of Offers in the English Language APR 1991 52.215-16 Facilities Capital Cost of Money JUN 2003 52.236-28 52.236-28 Preparation of Proposals-Construction OCT 1997 IV.H. GSAR Clause 552.102 Incorporating Provisions and Clauses This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. NUMBER 552.236-75 TITLE Use of Premises DATE APR 1984 V. ADDITIONAL SOLICITATION PROVISIONS AND INSTRUCTIONS V.A. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (AUG 98) V.B. 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions. Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions (JUN 1988) The specifications cited in this solicitation may be obtained from: (a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section, Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978 (b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee. 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. (a) Past Performance (b) Experience (2) Non-Price Factors, when combined, are significantly more important than/significantly less important than/equal in importance to Total Evaluated Price. 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. The Contracting Officer's determination of an Offeror's responsibility or non-responsibility may be based upon any information obtained by the Contracting Officer, and is independent of the evaluation of offers set forth herein. VI.C. PRICE REASONABLENESS The proposed prices will be evaluated for reasonableness. Price reasonableness determines whether an Offeror's price is too high. Analysis of price proposals will be performed using one or more of the techniques defined in FAR 15.404 in order to determine price reasonableness. Normally, price reasonableness is established through adequate price competition, but may also be determined through price analysis techniques as described in FAR 15.404-1. Notwithstanding anything to the contrary in this solicitation and for the avoidance of doubt, the Government will not perform a price realism analysis of the Offeror's proposal. OR VI.C. PRICE ANALYSIS AND PRICE REALISM ANALYSIS (1) The Contracting Officer will use Price Analysis to analyze the Offeror's proposal to ensure that the final agreed-to-price is fair and reasonable. In performing Price Analysis, the Contracting Officer may use, singly or in combination with others, the analytical techniques described in FAR 15.404-1, to ensure that the final price is fair and reasonable. The Contracting Officer may request the advice and assistance of other experts to ensure that appropriate Price Analysis is performed. (2) In addition, the Contracting Officer will use Price Realism Analysis in conjunction with the evaluation of the offeror's (fill in the appropriate non-price factor) to measure an Offeror's understanding of the requirements and to assess the risk inherent in an Offeror's proposal. Accordingly, Offerors are advised that a business decision to submit significantly low pricing will be considered as reflecting on their understanding or the risk associated with their proposals. Price Realism Analysis will not be used for the purpose of determining the probable cost to the Government. VI.D. UNBALANCED PRICES Offers must include balanced prices. Unbalanced pricing may increase performance risk and could result in payment of unreasonably high prices. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of price analysis techniques. All offers with separately priced line items or subline items shall be analyzed to determine if the prices are unbalanced. If price analysis techniques indicate that an offer is unbalanced, the contracting officer shall: (i) Consider the risks to the Government associated with the unbalanced pricing in determining the competitive range and in making the source selection decision; and (ii) Consider whether award of the contract will result in paying unreasonably high prices for contract performance. An offer may be rejected if the contracting officer determines that the lack of balance poses an unacceptable risk to the Government. VI.F. NON-PRICE FACTORS (1) Past Performance (a) Past performance will be evaluated as a predictor of the Offeror's compliance with contract requirements and overall quality of performance. (b) Past performance will be evaluated on the basis of information received by the Contracting Officer concerning the Offeror's performance on other contracts, including information not submitted by the Offeror. If the Contracting Officer becomes aware of required past performance information omitted from the Offeror's proposal, the Contracting Officer may draw a negative inference from the omission of such information. (2) Experience (a) Experience will be evaluated as an indicator of the Offeror's capacity to perform the Contract contemplated by this Solicitation. (b) Experience will be evaluated on the basis of information submitted by the Offeror indicating completion of projects of similar size, complexity, and scope. If the Offeror materially misrepresents information relating to its experience, the Contracting Officer may reject the proposal. VI.G. EVALUATION OF JOINT VENTURE OFFERORS In the evaluation of responsibility and non-price factors, information submitted for a party to the joint venture will only be evaluated to the extent that the terms of the joint venture agreement do not limit such party's performance or financial obligations as a party to the Contract contemplated by this Solicitation. CO Note: Evaluation of parties to a Joint Venture should be limited to information on those parties to the Joint Venture whose responsibilities or financial obligations have not been limited by the terms of the Joint Venture. If a Joint Venture limits a party's responsibilities of financial obligation, information on that party should not be evaluated. VI.H. ADDITIONAL BOND INFORMATION ABOUT FAR 28.102 FAR 28.102 -- Performance and Payment Bonds and Alternative Payment Protections for Construction Contracts. 28.102-1 General. (a) 40 U.S.C. chapter 31, subchapter III, Bonds (formerly known as the Miller Act), requires performance and payment bonds for any construction contract exceeding $150,000, except that this requirement may be waived- (1) By the contracting officer for as much of the work as is to be performed in a foreign country upon finding that it is impracticable for the contractor to furnish such bond; or (2) As otherwise authorized by the Bonds statute or other law. (b)(1) Pursuant to 40 U.S.C. 3132, for construction contracts greater than $35,000, but not greater than $150,000, the contracting officer shall select two or more of the following payment protections, giving particular consideration to inclusion of an irrevocable letter of credit as one of the selected alternatives: (i) A payment bond. (ii) An irrevocable letter of credit (ILC). (iii) A tripartite escrow agreement. The prime contractor establishes an escrow account in a federally insured financial institution and enters into a tripartite escrow agreement with the financial institution, as escrow agent, and all of the suppliers of labor and material. The escrow agreement shall establish the terms of payment under the contract and of resolution of disputes among the parties. The Government makes payments to the contractor's escrow account, and the escrow agent distributes the payments in accordance with the agreement, or triggers the disputes resolution procedures if required. (iv) Certificates of deposit. The contractor deposits certificates of deposit from a federally insured financial institution with the contracting officer, in an acceptable form, executable by the contracting officer. (v) A deposit of the types of security listed in 28.204-1 and 28.204-2. (2) The contractor shall submit to the Government one of the payment protections selected by the contracting officer. (c) The contractor shall furnish all bonds or alternative payment protection, including any necessary reinsurance agreements, before receiving a notice to proceed with the work or being allowed to start work. 28.102-2 Amount required. (a) Definition. As used in this subsection- "Original contract price" means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award. (b) Contracts exceeding $150,000- (1) Performance bonds. Unless the contracting officer determines that a lesser amount is adequate for the protection of the Government, the penal amount of performance bonds must equal- (i) 100 percent of the original contract price; and (ii) If the contract price increases, an additional amount equal to 100 percent of the increase. (2) Payment bonds. (i) Unless the contracting officer makes a written determination supported by specific findings that a payment bond in this amount is impractical, the amount of the payment bond must equal- (A) 100 percent of the original contract price; and (B) If the contract price increases, an additional amount equal to 100 percent of the increase. (ii) The amount of the payment bond must be no less than the amount of the performance bond. (c) Contracts exceeding $35,000 but not exceeding $150,000. Unless the contracting officer determines that a lesser amount is adequate for the protection of the Government, the penal amount of the payment bond or the amount of alternative payment protection must equal- (1) 100 percent of the original contract price; and (2) If the contract price increases, an additional amount equal to 100 percent of the increase. (d) Securing additional payment protection. If the contract price increases, the Government must secure any needed additional protection by directing the contractor to- (1) Increase the penal sum of the existing bond; (2) Obtain an additional bond; or (3) Furnish additional alternative payment protection. (e) Reducing amounts. The contracting officer may reduce the amount of security to support a bond, subject to the conditions of 28.203-5 (c) or 28.204 (b). END.
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