Preservation Note 42

Internal GSA Administrative

Guide for Placing

Competency of Bidder Clauses

in Construction Contracts

General Requirements

February - 99

Special Procedures - 01350

Internal GSA Administrative Guide for Placing

Competency of Bidder Clauses in Construction Contracts

(To be used in conjunction with the National Capital Region\'s
Preservation Note 3 Competency of Bidder: Desk Guide and Contract
Clauses)

Competency of Bidder Clauses must be included in all contracts for
historic properties in the General Services Administration/National
Capital Region (GSA/NCR). The clause furthers the Government\'s
contracting efforts to achieve the quality of performance within the
proposed schedule.

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Steps for Placing Competency of Bidder Clauses in Construction Contracts

Historic Properties Listed by Group

Service Delivery Team Support for Completing Competency of Bidder Clause
Reviews

NCR Example of Contract Clauses for Section 00120

NCR Example of Contract Clauses for Section 00900

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Steps for Placing Competency of Bidder Clauses in Construction
Contracts:

Determine if the building is historic by checking the Historic Property
List beginning on page 2 (or substitute your regional listing).

If the building is on the list, contact your GSA Regional Historic
Preservation Officer (RHPO) at the beginning of the project. In NCR, see
the contact list on page 6.

In Section 00120 - Supplementary Instructions to Bidders of the
contract, include the Competency of Bidder paragraph shown on page 9.

Edit Section 00900 - Competency of Bidder Clause into the contract. An
example is included on pages 12-14.

Your RHPO (in NCR, see contact list on page 6) will edit Preservation
Note 3, Competency of Bidder: Desk Guide and Contract Clauses (included
at the end of this Note).

Insert blank Competency of Bidder and Restoration Specialist forms in
the contract. Copies of the forms are provided in Preservation Note 3
(included at the end of this Note).

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General Services Administration: National Capital Region

Historic Properties Listed by Group

Group 1: PRE-1925 properties in the GSA/NCR inventory

Group 2: 1925-1940 properties in the GSA/NCR inventory

Group 3: POST 1940 properties in the GSA/NCR inventory

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Group 1: Pre-1925 Properties in the GSA/NCR Inventory

\*Completed Historic Structure Report (HSR)

\*\*Completed Historic Building Preservation Plan

Building No.

Structure Name

City

State

Date

\*DC0003ZZ

Agriculture Administration. Bldg

12th St. & Jefferson DR, SW

Washington

DC

1904-1908

\*DC0007ZZ

Veterans Administration

810 Vermont Ave., NW

Washington

DC

1919

\*DC0016ZZ

U.S. Court of Military Appeals 450 E Street, NW

Washington

DC

1910

\*DC0021ZZ

General Services Administration

18th & F Streets., NW

Washington

DC

1917

\*DC0029ZZ

Old Post Office

12th St. & Penn. Ave., NW

Washington

DC

1899

\*DC003OZZ

Pension Building/National Building Museum

5th & F Streets., NW

Washington

DC

1885

\*DC0035ZZ

Old Executive Office Building 17th St. and Penn. Ave.

Washington

DC

1871-88

\*DC0036ZZ

U.S. General Post Office (Tariff Commission)

7th & E Streets., NW

Washington

DC

1842-66

\*DC0048ZZ

Winder Building

600 17th St., NW

Washington

DC

1848

DC0078ZZ

1724 F Street; 1724 F St., NW

Washington

DC

1911

\*DC0111AA

Dolly Madison House 721 Madison Pl., NW

Washington

DC

1820

\*DC0112AA

Benjamin Ogle Tayloe House 723 Madison Pl., NW

Washington

DC

1828

\*DC0113AA

Cosmos Club

725 Madison Pl., NW

Washington

DC

1910

\*DC0117AA

William Petit Trowbridge House 708 Jackson Pl.

Washington

DC

1859

\*DC0118AA

James Alden/Henry Reed Rathbone House

712 Jackson Pl., NW

Washington

DC

1869

\*DCO118AA

Mary Jesup Blair House

716 Jackson Pl., NW

Washington

DC

1868

\*DC0123AA

Lawrence G. O\'Toole House

730 Jackson Pl., NW

Washington

DC

1869

\*DC0124AA

Charles Carroll Glover House 734 Jackson Pl., NW

Washington

DC

1878

\*DC0125AA

Cornelia Knower Marcy House 736 Jackson Pl., NW

Washington

DC

1869

\*DC0128AA

President\'s Guest House

1651-1653 Penn Ave, NW and 700-704 Jackson Pl., NW

Washington

DC

1824, 1859-1860

\*DCO5O1BC

Auditor\'s Building (Main) Originally. Bureau of Engraving & Printing

14th St.&Independence Ave.,SW

Washington

DC

1880

DC0531AC

DC0532AC

DC0533AC

E Street Complex

Central East & South Building 2430 E Street, NW

330 C Street, S

Washington

DC

Central 1904

East 1919

South 1919

Potomac

Annexes 1-7

\*DC0591BE #1

\*DC0592BE #2

\*DC0593BE #3

\*DC0594BE #4

\*DC0595BE #5

\*DC0596BE #6

\*DC0597BE #7

Potomac Annex Historic District(Naval Medical Hospital complex)

23rd and E Sts., NW

Original Naval Observatory

Washington

DC

#1-1910

#2-1843

#3-1910

#4-1910

#5-1910

#6-1910

#7-1914

DC0428AE-170

DC0631AE-74

DC0641AE-160

DC0642AE-167

DC0643AE-173

No Number

Navy Yard Annex Historic District:

M Street, SE Washington, DC

#170-substation

#74: Moved and rebuilt 1938

#160

#167

#173

Navy Yard Sentry Tower and Wall 4th & M Streets., SE

Washington

DC

1898,1938

1917

1917

1917

1896

No Number

Mercantile Bank Building

719 thru 721 1Oth ST,.NW

Washington

DC

1913

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Group 2: 1925-1940 Properties in the GSA/NCR Inventory

\*Completed Historic Structure Report (HSR)

\*\*Completed Historic Building Preservation Plan

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Building No.

Structure Name

City

State

Date

DCOOO1ZZ\*\*

Central Heating Plant

Washington

DC

1934

DC0004ZZ

Agriculture Annex (Cotton) 12th and C Sts., SW

Washington

DC

1937

\*DC0005ZZ

Agriculture South Building

14th St.&Independence Ave.,SW

Washington

DC

1934

\*DC0013ZZ

Herbert Hoover Bldg./ Department of Commerce

14th St.&Constitution Ave.,NW

Washington

DC

1927-1932

\*DC0019ZZ

Federal Trade Commission 7th St.&Constitution Ave.,NW

Washington

DC

1937-38

\*DC002OZZ

Department of Interior 18th & C Streets, NW

Washington

DC

1935-36

\*DC0022ZZ

Internal Revenue Service 1111 Constitution Ave., NW

Washington

DC

1927-30

1933-35

\*DC0023ZZ

Department of Justice 9th St.&Constitution Ave.,NW

Washington

DC

1931-35

\*DC0026ZZ

Lafayette Building 811 Vermont Ave, NW

Washington

DC

1940

DC0028ZZ\*\*

Ariel Rios Federal Building / New Post Office Building

12th St. & Penn. Ave., NW

Washington

DC

1931-35

DC0032ZZ\*\*

1951 Constitution Ave.

(Dept. of Interior South / Bureau of Indian Affairs)

1951 Constitution Ave., NW

Washington

DC

1933

\*DC0033ZZ

Mary E. Switzer Building 330 C St., SW

Washington

DC

1940

\*DC0034ZZ

Wilbur J. Cohen Building / Health & Human Services North 4th & C Sts.,
SW

Washington

DC

1939

\*DC0075ZZ

320 First St. Federal Building (orig. Home Owners Loan Corporation) 320
First St., NW

Washington

DC

1934

\*DC0521AB

Interstate Commerce/

Commission Building

12th Constitution Ave., NW

Washington

DC

1931-35

\*DC0522AB\*\*

US Customs Service Builiding (orig. Old Labor Bldg.)

14th St. and Constitution, NW

Washington

DC

1931-35

\*DC0523AB

Mellon Auditorium (Connecting Wing-Departmental Auditorium) 14th St. &
Constitution, NW

Washington

DC

1931-35

VA0003Z

Albert Bryan Sr.

Post Office & Courthouse

King & Washington Streets

Alexandria

VA

1931

MD0070AG

Suitland House

Suitland Federal Center

Suitland

MD

1937

MD0032ZZ

Rockville Post Office

Rockville

MD

1939

MD0101ZZ

Avondale (De LaSalle College)

Prince George\'s County

Avondale

MD

1929

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Group 3: Post 1940 Properties in the GSA/NCR Inventory

\*Completed Historic Structure Report (HSR)

\*\*Completed Historic Building Preservation Plan

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Building No.

Structure Name

City

State

Date

DC0002ZZ\*\*

West Heating Plant

29th & D Sts., NW

Washington

DC

1948

DC0014ZZ

E.Barrett Prettyman Courthouse

(orig. U.S. Courthouse)

Constitution Ave. &

John Marshall Place, NW

Washington

DC

1952

DC0046ZZ\*\*

Department of State

2201 C St., NW

Washington

DC

1941

\*DC0092ZZ

Department of Housing and Urban Development(HUD)

451 7th St., SW

Washington

DC

1965

\*DC0114ZZ

US Tax Court

400 Second St., NW

Washington

DC

1972

\*DC0115ZZ

Hubert H. Humphrey Bldg (HHH)

200 Independence Ave., SW

Washington

DC

1970

DC0120AA

DC0121AA

DC0122AA

DC0126AA

DC0127AA

Jackson Place Complex - infill const.

718 Jackson Pl., NW

722 Jackson Pl., NW

726 Jackson Pl., NW

740 Jackson PI., NW

744 Jackson PI., NW

Washington

DC

1968

1968

1968

1968

1968

DC0648AE-202

DC0648AE

DC0648AE

DC0648AE

Navy Yard Annex Historic District

(South East Federal Center)

M Street, SE

#202

Washington

DC

1941

MD0035AG

Federal Building #3

Suitland

MD

1942

No Number

Naval Ordnance Laboratory (White Oak site)

White Oak

MD

1942-1990S

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Service Delivery Team Support For Completing Competency of Bidder Clause
Reviews

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Member: SDT

George Kanellos DC Potomac

Cultural Assets Expert DC North

202-490-0624 (pager)

202-694-8000 (office)

202-694-8020 (fax)

george.kanellos@gsa.gov

Tom McDonell

Cultural Assets Expert DC Triangle

202-208-6812 (office) White House

301-674-5951 (cell phone)

202-208-6820 (fax)

tom.mcdowell@gsa.gov

Gary Porter

Cultural Assets Expert DC South

202-205-7766 (office) MD East

301-674-5948 (cell phone) MD North

202-708-8332 (fax)

gary.porter@gsa.gov NOVA

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NCR Example of Contract Clauses for Section 00120

00120 - Supplementary Instructions to Bidders

Part 1. General

1.01 Bid Documents: We request your cooperation in returning the bid
documents to GSA within 20 calendar days after bid opening date.

1.02 Explanation to Bidders: Requests for clarification or
interpretation of bid documents must be submitted not less than 10
calendar days prior to date for receipt of bids and in accordance with
the requirements of the clause \"Explanation to Prospective Bidders\" as
contained in GSA Form 3501, \"Solicitation Provisions (Sealed Bid)\".

Part 2. Small Business Set-Asides and Small Business-Labor Surplus Area
Set-Asides:

This solicitation is not set-aside for small business. However, the
procurement is being made under the Small Business Competitiveness
Demonstration Program. (See attachment \"A\" of the GSA Form 3503
\"Representations and Certifications\".)

2.01 GSAR 552.219-70 Standard Industrial Classification Code and Small
Business Size Standard (Mar 1987)

The Standard Industrial Classification Code applicable to
supplies/services being procured is No. 1542 , and the applicable small
business size standard is \$17,000,000.

2.02 Notice to Small Business Firms A program for the purpose of
assisting qualified small business concerns in obtaining certain bids,
payment, or performance bonds that are other wise not obtainable is
available through the Small Business Administration (SBA). For
information concerning SBA\'s surety bond guarantee assistance, contact
your SBA District Office.

2.03 Preference for Labor Surplus Area Concerns

This acquisition is not a set-aside for labor surplus area (LSA)
concerns. However, the offeror\'s status as such a concern may affect
(1) entitlement to award in case of tie offers or (2) offer evaluation
in accordance with Buy American Act clause of this solicitation. In
order to determine whether the Offeror is entitled to a preference under
(1) or (2) above, the offeror must identify, below, the LSA in which the
costs to be incurred on account of manufacturing or production (by the
Offeror or the first-tier subcontractors) amount to more than 50 percent
of the contract price.

Failure to identify the locations as specified above preclude
consideration of the Offeror as an LSA concern. If the offeror is
awarded a contract as an LSA concern and would not have otherwise
qualified for award, the Offeror shall perform the contract or cause the
contract to be performed in accordance with the obligations of an LSA
concern.

Part 3. Bids

3.01 Base Bid: One lump sum is required. The Base Bid includes providing
the 11th Street facade, the 11th Street Plaza, and providing and
obtaining approval of all submittals required for Option #1.

3.02 Unit Price: A unit price is required for the following item of
work. The Unit Price is to be furnished for work that has not been
indicated for inclusion in the base bid.

State unit price per linear foot of driven steel H-pile in place as
indicated in the contract documents. Unit Price per linear foot includes
labor, materials, tools, equipment, incidentals, and for performing work
for furnishing and driving, cutting off, capping piles, splicing, and
disposal of cut-offs. Include all direct and indirect costs plus profit.

Estimated Amount for Unit Price Bids: Bids will be based on number and
dimensions of piles indicated from tip to cut off elevations specified.
(Note: This is an estimated quantity. Actual quantity may vary).

1742 Lineal Feet X \$\_\_\_\_\_\_\_\_\_\_Unit Price Per Linear Foot.

3.03 Option No.1: An option price is required for the 12th Street facade
work as specified in Sections 01010 and 01030.

3.04 GSAR 552.236-73 Basis of Award Construction Contract (Apr 1985)

The low bidder for purposes of award is the responsible bidder offering
the lowest aggregate price for (1) the base bid (consisting of the lump
sum bid and any associated unit price bids extended by the applicable
number of units shown on the bid form) plus (2) all options designated
to be evaluated. The evaluation of options will not obligate the
Government to exercise the options. See Standard Form 1441,
Solicitation, Offer, and Award and the provision entitled \"Contract
Award-Sealed Bidding.\"

A bid may be rejected as nonresponsive if the bid is materially
unbalanced as to bid prices. A bid is unbalanced when the bid is based
on prices significantly less than cost for some work and significantly
overstated for other work.

The Government reserves the right to exercise the option at any time up
to August 1, 1992, after Notice to Proceed is given for the base bid
contract period. This is a Government prerogative, not a contractual
right of the contractor. All bids shall be evaluated on the basis of the
same option.

Part 4.Pre-Bid Requirements and Notices

4.01 Visit to Site: It is recommended that the contractor visit the site
to become familiar with all visible existing conditions that may affect
the bid. Two site visits will be made available to the contractor. To
arrange for the site visit, contact the following person:

Edit as appropriate:

Mr. Ed Kansler

Internal Revenue Service Building

1111 Constitution Avenue, NW

Washington,DC

Telephone No: 202-377-9880

Bidders shall report on time and then will be escorted through the
building.

Part 5. Competency of Bidders

5.01 The bidder, or subcontractor whom the bidder will use for
performance of the work, shall meet the competency qualifications
defined in Section 0900 of this specification. Proof of this competency,
as required by section on 00900 of this specification, shall be
submitted with the bid. The bid may be rejected if the bidder or the
subcontractor has established on former jobs, either Government,
municipal, or commercial, a record for unsatisfactory installations, has
repeatedly failed to complete contracts awarded to them within the
contract time, or otherwise fails to meet the specified competency
qualifications.

Part 6. Availability of Reference Documents:

6.01 FAR 52.210-1 - Availability of Vailability of Specifications Listed
in the GSA Index of Federal Specifications, Standards and Commercial
Item Descriptions (Jun. 1988):

\(a\) A single copy of each specification cited in this solicitation is
available without charge from any of the General Services Administration
Business Service Centers which are located in Boston, MA; New York, NY;
Philadelphia, PA; Atlanta, GA; Chicago, IL; Kansas City, MO; Ft. Worth,
TX; San Francisco, CA; Los Angeles, CA; and Auburn, WA. Additional
copies may be purchased from the GSA Specifications Unit in Washington,
DC.

\(b\) The GSA index of Federal Specifications, Standards and Commercial
Item Descriptions may be purchased from the Superintendent of Documents,
U.S. Government Printing Office, Washington, D.C. 20402.

6.02 Availability of Other Reference Documents: Other reference
documents cited in this solicitation may be obtained from the
organizations responsible for their preparation, maintenance, and
publication. These are listed in the section, Definitions and Standards,
of the technical specification.

Part 7. FAR 52.236-7 Permits and Responsibilities

(Apr 1984):

7.01 The Contractor shall, without additional expense to the Government,
be responsible for obtaining any necessary licenses and permits for
complying with any federal, state, and municipal laws, codes and
regulations applicable to the performance of the work.

7.02 The Contractor shall also be responsible for all damages to persons
or property that occur as a result of the contractor\'s fault or
negligence, and shall take proper safety and health precautions to
protect the work, workers, the public, and the property of others. The
Contract shall also be responsible for all materials delivered and work
performed until completion and acceptance of the entire work, except for
any completed unit of work which may have been accepted under the
contract.

Part 8. FAR 52.233-2 Service of Protest (Nov 1988):

8.01 (a)Protests as defined in Section 33.101 of the Federal Acquisition
Regulation, that are filed directly with an agency and copies of any
protests that are filed with the General Accounting Office (GAO) or the
General Services Administration Board of Contract Appeals (GSBCA), shall
be served on the Contracting Officer addressed as follows: by obtaining
written and dated acknowledgment of receipt from:

Edit as appropriate:

General Services Administration, NCR

Construction Contracts Division (WPO)

Seventh and D Streets, SW Room 2634

Washington, DC 20407

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

Part 9. Release of Drawings and Specifications

9.01 (a)The drawings and specifications pertaining to this contract are
for the sole use of the contractor and/or to the extent necessary,
subcontractors, in preparing a bid/offer on this solicitation and/or in
performing this contract. Any other use is prohibited. In addition to
the restrictions on disclosure contained in section 27 of the Office of
Federal Procurement Policy Act, 41. U.S.C. Sec. 423, for national
security reasons, the bidder/contractor shall not further disseminate
the drawings and specifications for any purpose beyond that stated in
this paragraph. By submission of the bid/offer, the bidder/offeror
warrants that no disclosure of the specifications and/or drawings for an
unauthorized purpose has occurred.

(b)The contractor shall be responsible for developing procedures
relative to handling, storage, reproduction safeguarding, and
disposition of the drawings and specifications. These procedures shall
be designed to prevent unauthorized disclosure of the information
throughout the course of contract performance.

Part 10 FAR 52.253-1 Computer Generated Forms

(Jan 1991)

10.01 (a) Any data required to be submitted on a Standard or Optional
Form prescribed by the Federal Acquisition Regulation (FAR) may be
submitted on a computer generated version of the form, provided there is
no change to the name, content, or sequence of the data elements on the
form, and provided the form carries the Standard or Optional Form number
and edition date.

\(b\) Unless prohibited by agency regulations, any data required to be
submitted on an agency unique form prescribed by an agency supplement to
the FAR may be submitted on a computer generated version of the form
provided there is no change to the name, content, or sequence of the
data elements on the form and provided the form carries the agency form
number and edition date.

\(c\) If the Contractor submits a computer generated version of a form
that is different than the required form, then the rights and
obligations of the parties will be determined based on the content of
the required form. (End of clause)

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NCR Example of Contract Clauses for Section 00900

New Building Facade IRS

Section 00900 - Competency of Bidder Clause

Part I - General

1.1 Description of Requirements:

The type of requirements specified in this section relate to the
determination of competency for the General Contractor, and the four
types of specialty work associated with this contract listed below:

04405 - Dimension Stone: Fabrication and installation of stone masonry.

07315 - Slate Shingles: Fabrication and installation of Slate Roofing.

07320 - Roofing Tiles: Fabrication and installation of Tile Roofing.

07600 - Flashing and Sheet Metal: Fabrication and installation of
exposed sheet metal ornament.

All informational requirements related to this competency clause shall
be recorded on the Technical Qualifications Data forms A through D, and
required photographs shall be attached.

Information shall be provided to the Contracting Officer as part of the
formal bid. Submit the required forms in a separate envelope from the
price proposal and insert both envelopes in one larger envelope so that
the two do not get separated in transmittal.

1.2 Instructions for Filing Technical Qualifications Data Forms:
competency of Bidder Clause

The bidder or the subcontractor(s) whom the bidder will use for
performance of the four specialty categories outlined under 1.01 A.
shall meet the competency qualifications defined hereafter on the forms
provided in this section of the specification. The bidder and each
specialty subcontractor (as defined in 1.01 A) must comply with the
requirements specified in the Technical Qualifications Data, Forms A
through D.

Proof of this competency, as required by Division One of this
specification, shall be submitted at the time of submission of bids to
the Government. The bid may be rejected if the bidder or
subcontractor(s) has established on former jobs, either Government,
municipal, or commercial, a record for unsatisfactory installations, has
repeatedly failed to complete contracts awarded to them within the
contract time, or otherwise fails to meet the specified competency
qualifications.

Specific guidelines for each form follows. Provide original signatures
on all copies of Form D.

Form A:

Fill out firm name, address, telephone number, date, authorized
official, title, and corresponding telephone number. Authorized official
must have the authority to negotiate and contractually bind your
company.

Provide information regarding your plant and equipment that pertains to
your ability to perform the work.

Describe your firm\'s experience - include number of years in
restoration construction and specific accomplishments of the firm.

Describe in your own words how you will proceed through the contract
requirement to perform the work applicable to your firm.

Form B:

Select three projects that your firm has completed commendably in the
past four years which are similar in size and complexity to your own
work in this contract and have been performed on properties on the
National Register of Historic Places.

Fill out project name, completed date, location, description of the
photo views, and a thorough description of the work shown, explaining
the materials and methods used to accomplish job illustrated.

Fill out client\'s name, client\'s address, contact person for the
client, his/her title, and telephone number.

Close-up color photographs (Polaroids will suffice) shall accompany each
project to indicate result of the firm\'s work. Use judgment regarding
the distance from the detailing which you wish to demonstrate.
Coordinate the written data with the photographs submitted.

If photographs are not illustrative, this competency clause will be
considered incomplete and the bid may be rejected as nonresponsible.

Form C:

Fill in the names, training (state formal academic training and
on-the-job training), experience record (special commendations, unusual
projects involved with), years with your firm, total years performing
this specialty work, and a list of previous projects and dates they have
worked on for your firm which were performed on projects of similar size
and complexity to this project.

Indicate if each individual has worked on any of the three projects you
are submitting to establish the firm\'s competency. List all individuals
who might be employed under this contract. No other individuals will be
allowed to work on this site. Only individuals reviewed under this
competency clause may perform under this contract. If additional
individuals are added after award of the contract, their credentials
must be approved by the Contracting Officer prior to their starting
work.

Form D:

Fill out one form for each of the firms performing the three specialty
categories of work. Provide original signatures for all copies. Notarize
each signature.

1.3 Method of Evaluation of Technical Qualifications:

Purpose: To determine that the lower bidder is technically qualified to
perform work which will serve the best interest of the Government.

An evaluation panel, consisting of professionals, will be convened by
the Government to review and rate all technical data requested of the
bidders, immediately after bid opening.