Active

Contract Opportunity

Construction Manager as Constructor (CMc) New Courthouse Annex Project Federico Degetau Federal Building and Clemente Ruiz Nazario U.S. Courthouse Complex, Hato Rey, Puerto Rico

SOLICITATION NO. 47PC0323R0006

Update 04/25/2024: Amendment #5 issued. Please refer to attachments section for document.

_________________________________________________________________________

Update 01/26/2024: Amendment #4 issued. Please refer to attachments section for documents.

_________________________________________________________________________

01/18/2024: Amendment #3 issued. Please refer to attachments section for document.

_________________________________________________________________________

Update 11/30/2023: Amendment #2 issued. Please refer to attachments section for document.

_________________________________________________________________________

Update 11/14/2023: Amendment #1 issued. Please refer to attachments section for document.

_________________________________________________________________________

Solicitation Notice

The U.S. General Services Administration (GSA), Public Buildings Service, Northeast and Caribbean Region is pleased to announce the Solicitation Notice for a highly qualified General Contractor to act in the capacity of a Construction Manager as Constructor (CMc) who can provide full Construction Services for a New Courthouse Annex (New Annex) project at the Federico Degetau Federal Building and Clemente Ruiz Nazario U.S. Courthouse complex located at 150 Carlos Chardon Avenue in Hato Rey, Puerto Rico.

The CMc shall be a member of the project development team during the design and construction phases of the project, working with the Government's selected Architect-Engineer, Construction Manager as Advisor, and the Government representatives to ensure a quality project, within the mandated schedule and budget.

The CMc contract will include two phases of work: Design Phase Services and Construction Phase Services.

Design Phase Services:

The CMc will perform Design Phase Services including, but not limited to: scheduling, estimating and providing cost information, performing functionality and constructability reviews, developing construction sequencing and phasing plans, value management, risk management, and engagement and coordination with other Federal operations and non-Federal parties.

Construction Phase Services:

The construction portion of the New Annex will be the first phase of a multiphase project. The New Annex, consisting of approximately 153,000 gross square feet, including thirty-five (35) indoor parking spaces, will be constructed adjacent to the existing Degetau Federal Building and Nazario U.S. Courthouse complex. The first phase will include building the New Annex to an interim swing space condition, which includes four (4) courtrooms, four (4) judges’ chambers and other ancillary court spaces. The remaining space in the New Annex will initially be used as space for other Federal offices. Following a renovation of the Federal Building (not included in this notice), the final phase will convert the New Annex to its final state condition, which includes six (6) new courtrooms and ten (10) new chambers. The initial phase includes limited work in and around the existing buildings including infrastructure and site improvements at the campus.

The entire Hato Rey Federal Complex will remain operational throughout the entirety of the project. The project will target Leadership in Energy and Environmental Design (LEED) Gold Certification and shall be in full compliance with the Facilities Standards for the Public Buildings Service (P-100). To the maximum extent practicable the project shall minimize operational carbon and minimize embodied carbon materials. This project will be designed and constructed to meet GSA's Design Excellence Program. In addition, the facility will meet requirements specific to Federal courthouse design and construction. This specialized type of facility will require strong CMc services, logistics and coordination for major construction at an existing operational complex, and coordination expertise to meet the project characteristics.

Contract Type: The contract type will be Fixed-Price-Incentive. The base contract for design services is anticipated to be awarded at a firm-fixed price. The contract will also include an option for construction phase services that is priced as a Guaranteed Maximum Price (GMP) as described in General Services Acquisition Regulation 552.236-79, Construction-Manager-As-Constructor. The GMP is the sum of the Estimated Cost of Work (ECW), CMc Contingency Allowance, and proposed Fee for the Construction Work.

ECW means the estimated cost of the construction work, not including home office overhead.

Contingency Allowance means an allowance for the exclusive use of the construction contractor to cover reimbursable costs during construction that are not the basis of a change order. These costs could include estimating, scheduling, and planning errors in the final ECW or other contractor errors.

“Fee for the Construction Work” means the amount established for the contractor's profit and home office overhead costs, as described in Federal Acquisition Regulations (FAR) Part 31, for the construction work.

Price: The total magnitude of this project at award is between $200,000,000 and $260,000,000.

The proposed ECW incorporated into the contract at award is a target ECW. A final ECW is negotiated during the design phase and is incorporated into the contract prior to exercise of the GMP option.

The GMP will be tracked through open book accounting that will be reviewed and monitored by GSA and the Construction Manager as Advisor. The GMP is similar to a ceiling price described in FAR 16.403-2, but is specifically tailored for CMc project delivery.

The Government and CMc may agree to GMP line items for early work packages that must be converted to a firm-fixed price. The construction services option is adjusted for the cost of the work packages through the reduction of the ECW by the fixed-price amount of the cost of those work packages, and the GMP is adjusted downward, as appropriate.

After the CMc and GSA have agreed to the scope at 75% design completion, the Government and the CMc may agree to bilaterally modify the line item for Construction Phase Services from the GMP to a firm-fixed price. The firm-fixed price for Construction Phase Services must not be in excess of the GMP.

Construction Phase Services are only required if the Government elects to exercise the option. The Government reserves the right not to exercise the option for Construction Phase Services if the GMP exceeds the budget, if there is no agreement on the scope, or if it is not in the Government's best interest.

The project will still be in the design phase when the CMc contract is awarded; therefore, a firm-fixed price cannot be established for Construction Phase Services. The benefit of awarding the CMc contract for Design Phase Services prior to completion of the design is that the firm will provide constructability reviews, project coordination, cost estimates, and other specified services to allow for full collaboration with the Architect-Engineer, Construction Manager as Advisor, GSA, and Federal offices planned for the New Annex.

CMc provides benefits through possibly allowing certain construction activities to begin prior to design completion. Certain activities may be identified for fast track completion (e.g. sitework, utilities, mock-ups) to deliver the project faster than alternative methods of project delivery. To include an early work package in the contract the Government and CMc would agree bilaterally to the scope, schedule and pricing, and the CMc’s contract would be modified accordingly.

Selection and Schedule: This requirement will be procured under Full and Open Competition in accordance with FAR Subpart 6.1. The selected offeror will be competitively chosen using Source Selection Procedures in accordance with FAR Subpart 15.3. The objective of the Source Selection Process is to select a proposal that represents the best value to the Government.

The period of performance for the proposed contract will be for approximately fifty-six (56) weeks for the CMc design assist phase and approximately one hundred and forty-five (145) weeks for the construction phase. GSA awarded the design contract in November 2022. GSA anticipates awarding the base CMc contract in Spring 2024. GSA anticipates issuing the Notice To Proceed for construction in the Spring 2025.

NAICS: This procurement will be conducted under North American Industry Classification System (NAICS) Code 236220--Commercial and Institutional Building Construction. The Small Business size standard is an average annual sales and receipts for the past three years that are equal to or less than $45,000,000.

Offerors will be required to provide proof of bonding capacity as part of their proposal submission.

All offerors are required to have an active registration in the System for Award Management (www.SAM.gov) at the time of offer submission, and shall continue to be registered until time of award, during performance, and through final payment of any contract.

In addition, in order for contractors to have access to Federal space, the contractor will be required to adhere to the Homeland Security Presidential Directive 12 (HSPD-12), Directive Clearance Process, in accordance with FAR 52.204-9 - Personal Identity Verification of Contractor Personnel (JAN 2011) as well as other security clearances that may be required.

Interested offerors - See all attached solicitation file packages for full details. Some of the solicitation documents are Controlled Unclassified Information (CUI). To access these documents your company must request access through www.sam.gov.

Proposals for this Solicitation must be submitted via e-mail in portable document format (PDF). Proposals MUST BE RECEIVED NO LATER THAN stated due date and time in this solicitation.

Attachments/Links