MASSACHUSETTS PORT AUTHORITY CAPITAL PROGRAMS DEPARTMENT SUITE 209S - LOGAN OFFICE CENTER ONE HARBORSIDE DRIVE EAST BOSTON, MASSACHUSETTS 02128-2909 REQUEST FOR QUALIFICATIONS ELECTRICAL SUB-CONTRACTOR SUPPLEMENTAL INFORMATION PACKAGE MPA CONTRACT NO. A359-C1 FAA NEXTGEN ATC TOWER SPACE CONSOLIDATION PROJECT LOGAN INTERNATIONAL AIRPORT EAST BOSTON, MASSACHUSETTS NOVEMBER 15, 2017 Capital Programs and Environmental Affairs Department Rev. 6/08/2017 1 P age
TABLE OF CONTENTS 1 BACKGROUND 2 SCOPE OF WORK 3 SUBMITTAL PROCESS and SCHEDULE 4 SUBMITTAL REQUIREMENTS APPENDIX A. SENSITIVE SECUIRTY INFORMATION ( SSI ) DOCUMENT PROTECTION REQUIREMENTS B. CONFIDENTIALITY AGREEMENT Capital Programs and Environmental Affairs Department Rev. 6/08/2017 2 P age
1 BACKGROUND The project includes construction of an addition to 4 th level of Central Garage Building 30 at Boston Logan International Airport, to provide approximately 6,150 SF of office areas, support areas, training room and telecommunication equipment space. Contractors shall provide phased construction services. Phase 1 includes completion for occupancy of an approximately 1,500 SF telecommunication equipment space and Phase 2 includes completion of offices, support areas and training room. This Request for Qualifications (RFQ) is issued pursuant to Massachusetts General Laws, Chapter 149 44D½. Firms interested in providing Sub-Contractor service for the construction of the project must submit a Statement of Qualifications in response to this RFQ. The Sub-Contractor selection for this project is a twophase process as set forth in Massachusetts General Laws, Chapter 149 44D½. The project delivery method for construction will be under Massachusetts General Laws, Chapter 149 et. seq. Massport is prequalifying firms interested in providing Sub-Contractor service for this project through this RFQ prequalification process. 2 SCOPE OF WORK The Project Full Scope of Work will include but not be limited to: Demolition Structural systems and reinforcement as needed for a building addition and equipment Exterior building skin systems Exterior security systems Interior building finish systems Fire Protection systems Plumbing systems Mechanical systems for office and training areas as well as for data system areas, Electrical systems for offices, training systems and equipment, Electronic security systems and Telecommunication systems. Electrical Sub-Contractor Scope of work will include but not be limited to: Provisions of labor for journeyman electricians including tools, equipment, and incidental materials for installation, inspection and testing of low voltage electrical equipment and wiring (600V nominal or less); and Provisions of labor for telecommunications technician including removal, relocation installing, terminating and testing copper data cables, single and multi-mode fiber optic cable, Sumitomo future flex air blown fiber optic cable and cable supports. Capital Programs and Environmental Affairs Department Rev. 6/08/2017 1 P age
All electrical and telecommunications work is related to sensitive security information systems including, but not limited to access control, security cameras, and the security network. The project has an unconditional requirement: COMPLETION OF PHASE 1 CONSTRUCTION BY FRIDAY, JUNE 29, 2018. The total construction cost is currently estimated by Massport at approximately $5,000,000. The construction duration for the entire project is ten (10) months. The estimated value of work to be performed by electrical contractors is as follows: NINE HUNDRED SEVENTY THOUSAND DOLLARS ($970,000.00). The Sub Contractor shall be DCAMM certified in Electrical Construction and shall provide a Certificate of eligibility and an Update Statement as well as an affidavit that the Statement of Qualifications being submitted in response to the RFQ is signed under the pains and penalties of perjury. The Sub-Contractor shall also provide a letter from a surety company confirming the Sub-Contractor firm s ability to provide performance and payment bonds in the full amount of the construction estimate. Please note that having the document notarized does not fulfill the requirement for signing under the pains and penalties of perjury. 3 SUBMITTAL PROCESS and SCHEDULE In accordance with M.G.L. Chapter 149, Massport is implementing a two-step process beginning with an RFQ which shall be utilized to pre-qualify competent Contractors who are capable of constructing the scope of work described herein. A Pre-Qualification Committee is comprised of four representatives including three Massport representatives and one from the Designer. This Pre-Qualification Committee will be conducting qualifications based evaluation of submittals received from interested Sub-Contractors in order to identify pre-qualified Sub-Contractors who will be subsequently invited to respond to a written Invitation to Bidders. Upon receipt of the Qualification Submittal in response to this RFQ, a copy of each submittal will be delivered to each member of the Pre-Qualification Committee who will be responsible for reviewing the documents independently. Then, the Pre-Qualification Committee will meet to evaluate and review each submittal and will then score them in order to create a list of pre-qualified Sub-Contractors. The decision of the Sub-Contractor Pre-Qualification Committee shall be final and binding and not subject to appeal except on the grounds of fraud or collusion. An individual Sub-Contractor s score shall be made available upon request, but shall not be a public record and shall not be open to public inspection, to the fullest extent possible under the law. In addition, financial information provided from a Sub-Contractor shall remain confidential and shall not become a public record and shall not be open to public inspection, to the fullest extent possible under the law. Only the pre-qualified Sub-Contractors will be eligible to receive an Invitation to Bid to participate in submitting a bid. Massport shall utilize an Invitation to Bid in order to make a final selection of the Sub- Contractor. Pre-qualified Sub-Contractors shall be invited to submit a bid along with a Bid Bond pursuant to an Invitation to Bid that shall include the bid documents for the Project. Massport shall open bids Capital Programs and Environmental Affairs Department Rev. 6/08/2017 2 P age
publicly. Massport shall award the contract to the lowest responsible and eligible bidder. The Sub- Contractor shall be required to execute a standard Contractor in the form set forth in Division IV of the bid/contract documents, and provide the required insurance, performance and payment bonds, also set forth in Division IV of the bid/contract documents, and in the full amount of the contract. The schedule for creation of the list of pre-qualified Sub-Contractors is as follows. Please note that all times listed are Eastern Daylight Savings Time (EDST) and that Massport will do its best to adhere to the schedule provided below. Milestone Date Supplemental Information Package Released Wednesday, November 15, 2017 Pre-Qualification Briefing Sub-Contractors Deadline for submission of written questions from Sub-Contractor for Pre-qualification Friday, November 17, 2017 11:00 AM Friday, December 1, 2017 Official answers published by MPA Tuesday, December 5, 2017 RFQ Submission Deadline Wednesday, December 13, 2017 Shortlisted Sub-Contractor Firms Friday, December 15, 2017 Invitation to Bid to GC and Advertise for Sub-contractors Thursday, December 20, 2017 Plans and Drawings Available Thursday, December 28, 2017 Subcontractors questions due Tuesday, January 9, 2018 Subcontractors questions answered Friday, January 12, 2018 Sub-bids opened Wednesday, January 17, 2018 General Contractor questions due Tuesday, January 23, 2018 General Contractor questions answered Friday, January 26, 2018 General Bids Opened Wednesday, January 31, 2018 Execute Contract Tuesday, February 13, 2018 Begin Construction Monday, February 26, 2018 Phase 1 Substantial Completion Friday, June 8, 2018 Phase 1 Completion Friday, June 29, 2018 Capital Programs and Environmental Affairs Department Rev. 6/08/2017 3 P age
Phase 2 Substantial Completion Friday, August 3, 2018 Phase 2 Completion August 31, 2018 Project Close-out October 30, 2018 Submission Deadline: Sub-Contractors applying shall submit, one (1) original and five (5) bound copies of the Qualification Submittals no later than 12:00 NOON on WEDNESDAY DECEMBER 13, 2017 to: Mr. Houssam H. Sleiman, P.E., C.C.M. Director of Capital Programs and Environmental Affairs Massachusetts Port Authority, Capital Programs Department Logan Office Center One Harborside Drive East Boston, MA 02128 Contractors are urged to deliver submittals prior to 11:00 AM to avoid possible delivery delays. Massport recommends hand delivery of the submittals to ensure that they reach Massport by Noon on WEDNESDAY DECEMBER 13, 2017. Submittals not received by Massport at the Logan Office Center by the 12:00 Noon deadline on WEDNESDAY DECEMBER 13, 2017 will be rejected. This includes submittals sent by U.S. Mail or overnight delivery that are not delivered to the Capital Programs Department at the Logan Office Center by this deadline. Responses to the RFQ must be on 8 ½ x 11 sheets, double-sided and all pages must be numbered sequentially. Additional details about the format and content are provided in Section 4. Please note that in Section 4, Part B, Item 3 Capacity to Complete Projects, needs to be bound into each copy of the Qualifications Submittal. Questions may be sent via email to CPBidQuestions@massport.com subject to the deadline for receipt stated in the timetable above. In the subject lines of your email, please reference the MPA Project Name and Number. Questions and their responses will be posted on Capital Bid Opportunities webpage of Massport http://www.massport.com/massport/business/bids-opportunities/capital-bids/as an attachment to the original Legal Notice and on Comm-BUYS in the listings for this project. Capital Programs and Environmental Affairs Department Rev. 6/08/2017 4 P age
Companies responding to the RFQ are responsible for the costs associated with the development and submission of a response. 4 SUBMITTAL REQUIREMENTS Submissions in response to the RFQ shall be organized and presented as outlined below. THE QUALIFICATION SUBMITTAL WILL BE REJECTED IF ANY OF THE MANDATARY REQUIREMENTS ARE MISSING. Massport will not reach out to request any missing or incorrect submission requirements. Massport will send back the submittal with a letter explaining of the rejection. Qualification Statements. The RFQ response shall include, at a minimum, the following: (1) a cover letter; (2) an executive summary detailing the response to each evaluation criteria as well the identification of any key factors that may differentiate the firm from other responders; (3) a list of lawsuits and arbitrations to which the firm is a party relative to construction contracts within the last three (3) years, including, if applicable, any convictions or fines for violations of state or federal law including OSHA regulations; as well an explanation of any projects on which the firm was terminated, failed to complete the work, or paid liquidated damages to the owner; (4) an organization chart identifying key project personnel, including subcontractors and their respective roles and responsibilities; (5) a letter from a surety company confirming the Electrical Contractor s ability to provide a bid bond equal to 5% of the full amount of the construction cost estimate, as well as payment and performance bonds each equal to the full amount of the construction cost; (6) information on the Electrical Contractor s safety record, including, if applicable, a workers compensation experience modifier for the prior three (3) years; (7) evidence of the firm s compliance record with minority business enterprise and women business enterprise goals and workforce goals, if applicable; (8) information regarding the firm s experience on similar building projects including references with up to date contact information; (9) information regarding the firm s experience on other SSI projects of similar scope and complexity and its ability to manage SSI including references and up to date contact information; (10) a statement that the firm is able to provide a certificate of eligibility issued by the DCAMM (Division of Capital Asset Management and Maintenance) pursuant to section 44D of chapter 149, showing the proper classification and capacity rating sufficient for the project, and an update statement. Capital Programs and Environmental Affairs Department Rev. 6/08/2017 5 P age
Prequalification Process. Upon receipt of the Qualification Statements submitted in response to the RFQ, a copy of each submittal shall be delivered to each member of the Prequalification Committee. The Prequalification Committee shall evaluate each submittal independently. There will be a Prequalification Meeting at which time the members of the Prequalification Committee will discuss the requirements of the project and their evaluation of the Qualification Statements. Then, the Prequalification Committee members will identify the firms that he/she believes should be shortlisted. The Committee shall shortlist a minimum of three (3) qualified Electrical Contractors, who will be eligible to move on to Phase 2 of the process and submit bids for the project. If Massport is unable to prequalify three (3) qualified Electrical Contractors, Massport will advertise the prequalification package a second time for additional submittals. If, after two attempts, Massport is unable to prequalify three (3) qualified Electrical Contractors, Massport reserves the rights to prequalify fewer than three from the firms that previously submitted prequalification statements. Capital Programs and Environmental Affairs Department Rev. 6/08/2017 6 P age
SENSITIVE SECURITY INFORMATION ( SSI ) DOCUMENT PROTECTION REQUIREMENTS The contract documents for this Project, which include any means by which project information is preserved, including, but not limited to, plans, specifications, sketches and drawings, any other documents provided to the contractor, any documents prepared by the contractor, and in any format including paper, film, photograph, or electronic media, may contain Sensitive Security Information, and, therefore, in accordance with 49 CRF part 1520, such documents shall be considered SSI, and are, therefore, privileged and confidential. Drafts, proposed changes, addendums etc. are also defined as contract documents, and also are considered SSI. The contractor, referring to either a shortlisted contractor participating in the bidding phase or the selected contractor participating in the construction phase, shall maintain the confidentiality of the contract documents and shall not use such contract documents for any purpose other than for the performance of services relative to this project. In addition, the contractor shall strictly adhere to the following Document Protection Requirements: 1. Confidentiality Agreement. Each contractor shall be required to execute a Confidentiality Agreement covering the contractor and any parties for whom the contractor is responsible, including subcontractors, before the contractor can receive contract documents for the Project. In summary, the Confidentiality Agreement, a copy of which is attached to these requirements, provides that the contractor recognizes that the contract documents may contain SSI and, therefore, must be maintained in a confidential manner. Furthermore, it requires that the contractor inform all persons to whom the contract documents may be released of the confidential nature of such documents, and to confirm that all necessary steps will be taken to ensure that such persons treat the documents in a confidential manner. 2. Unauthorized Reproduction. Each contractor shall receive five (5) sets of contract documents for its use during the bidding phase. Massport shall appropriately mark each set as SSI and shall number each set, probably with a sequential numbering system, so that the documents can be properly tracked. The contractor shall not be allowed to reproduce the contract documents or any part thereof. Any unauthorized reproduction of the contract documents, or any part thereof, may result in a civil penalty or a criminal penalty or other action by Massport. If the contractor becomes aware of any unauthorized reproduction, he shall notify Massport immediately. 3. Unauthorized Distribution. The contractor shall identify where each set of contract documents will be housed during the bidding phase. The contractor must ensure that only those individuals with a Need to Know will be allowed access to the contract documents. For purposes of this Project, the definition of a Need to Know is limited to an individual who needs the information in order to provide services relative to preparing the contractor s bid. If the contractor has any questions as to whether or not a particular individual can be considered a person with a Need to Know, the contractor should Capital Programs and Environmental Affairs Department Rev. 6/08/2017 7 P age
request authorization from Massport before providing access to that particular individual. Any unauthorized distribution of the contract documents, or any part thereof, may result in a civil penalty or a criminal penalty or other action by Massport. If the contractor becomes aware of any unauthorized distribution, he shall notify Massport immediately. 4. Unauthorized Disclosure. The contractor must take reasonable steps to safeguard the contract documents from unauthorized disclosure when the contract documents are being used by a person with a Need to Know. However, when the contract documents are not in the physical possession of a person with a Need to Know, such documents shall be stored in a secure container such as a locked desk or file cabinet or a locked room. Under no circumstances should the contract documents be left unattended in a non-secure area. If the contractor loses or misplaces a set of contract documents or any part thereof, the contractor shall notify Massport immediately. Any unauthorized disclosure may result in a civil penalty or a criminal penalty or other action by Massport. If the contractor becomes aware of any unauthorized disclosure, he shall notify Massport immediately. 5. SSI Compliance Officer. The contractor shall identify an SSI Compliance Officer, who shall distribute these SSI Document Protection Requirements to anyone handling the contract documents and shall conduct training sessions, as necessary, to inform team members of their responsibilities with respect to the contract documents. The SSI Compliance Officer shall be the primary contact for Massport with respect to SSI issues. 6. Return of Contract Documents. The contractor shall return all five (5) sets of contract documents to Massport as a condition precedent to Massport accepting the contractor s bid for this Project. 7. Construction Phase. Massport shall provide the selected contractor with a sufficient number of sets of contract documents for use during the construction phase of the Project. Massport shall appropriately mark each set as SSI and shall number each set, probably with a sequential numbering system, so that the documents can be properly tracked. The contractor will be subject to document protection requirements, similar to those discussed above, in order to protect against the unauthorized reproduction, distribution, or disclosure of SSI. During the construction phase of the Project, a person with a Need to Know shall be defined as an individual who needs to have access to the documents in order to perform in accordance with the contract. It should be understood that during the construction phase, locking the documents in a jobsite trailer overnight will not satisfy the Project requirements. Finally, the contractor shall be required to return all sets of construction documents to Massport before the final payment will be issued for the Project. Capital Programs and Environmental Affairs Department Rev. 6/08/2017 8 P age
CONFIDENTIALITY AGREEMENT The Contractor, on behalf of itself and the parties for whom the Contractor is responsible, including, but not limited to, subcontractors, relative to services associated with MPA Project No. A359-C1, FAA NextGen ATC Tower Space Consolidation Project at Logan International Airport, East Boston, MA ( the Project )understands and acknowledges that the Contractor is being provided contract documents which may contain Sensitive Security Information ( SSI ), and that in consideration of the Contractor being granted access to SSI, the Contractor understands and agrees that: (1) the contract documents may contain SSI and, therefore, must be maintained in a confidential manner; and (2) that the Contractor is required to inform all persons to whom the contract documents may be released of the confidential nature of such documents, and to confirm that all necessary steps will be taken to ensure that such persons treat the documents in a confidential manner. 1. Sensitive Security Information (SSI). SSI includes, but is not limited to, (a) any and all Massport business information being made available to the Contractor in connection with the project, and (b) the contract documents and other technical information, security studies, threat correspondence, research and development activities, operating procedures, emergency services plans, studies, reports, and other information, that is provided to, or developed, learned, or generated by the Contractor, by or on behalf of the Massport relative to the Project. The contract documents for the Project, which include any means by which project information is preserved, including, but not limited to, plans, specifications, sketches and drawings, any other documents provided to the Contractor, any documents prepared by the Contractor, and in any format including paper, film, photograph, or electronic media, may contain SSI, and, therefore, in accordance with 49 CRF part 1520, such documents shall be considered SSI and are, therefore, privileged and confidential. Drafts, proposed changes, addendums, etc., are also defined as contract documents and are also considered SSI. 2. Nondisclosure of SSI. Maintaining the confidentiality of SSI is vital to the protection of critical transportation infrastructure and public safety. Accordingly, it is not for public dissemination or disclosure to any unauthorized individual. Such information shall only be used by the Contractor solely in the performance of preparing a proposal for the Project, and the Contractor shall not make use of the SSI for any other purpose, or in any other manner. The Contractor agrees that, from the date of receipt of the contract documents until such time as the information may no longer be considered SSI, the Contractor shall hold and treat the SSI in the strictest confidence in order to prevent the unauthorized reproduction, distribution, or disclosure of the SSI, and to prevent any compromise to the security of civil aviation, as provided in 49 CFR Part 1520 et seq. Any unauthorized reproduction, distribution, or disclosure of the contract documents, or any part thereof, may result in a civil penalty or a criminal penalty or other action by Massport. If the Contractor becomes aware of any unauthorized reproduction, distribution, or disclosure, he shall notify Massport immediately. Capital Programs and Environmental Affairs Department Rev. 6/08/2017 9 P age
The Contractor also agrees that, except as required by law, he shall not, either directly or indirectly distribute or disclose, or permit anyone else to distribute or disclose, any SSI to any persons other than those persons who have a Need to Know in connection with the performance of services for the project. For purposes of the Project, a Need to Know is defined as an individual who needs the information in order to provide the necessary services to the Project. Furthermore, any authorized distribution or disclosure shall only be made to the extent that the information is required for use in connection with the services provided for the Project, and the contract documents, or any part thereof, shall not be reproduced by the Contractor or any party for whom the Contractor is responsible, including, but not limited to, subcontractors. 3. Protection of SSI. If the Contractor is served with a subpoena or a discovery request of any kind in a judicial or administrative proceeding, or receives a Freedom of Information Act request, or is otherwise required by law to respond to a request for, or to disclose, any SSI, the Contractor shall immediately notify Massport in order to permit Massport to seek a protective order, or take such other action as it may deem appropriate. The Contractor also shall cooperate in any effort by Massport to obtain a protective order or other assurance that confidential treatment will be afforded the SSI. If a protective order is not sought or is sought but not granted, the Contractor will: (a) disclose only such portion of the SSI as is responsive to the request and is necessary to fully respond; (b) disclose it only to the person compelling disclosure, in which case, prior to such disclosure, the Contractor will advise and consult with Massport and its counsel as to such disclosure and the nature and wording of the such disclosure; and (c) use its best efforts to obtain the confidential treatment thereof by others. 4. Return of Information. Upon the earlier of Massport s written request or the completion of the Contractor s need for such information, any and all sets of contract documents obtained by the Contractor shall be returned to Massport. The selected contractor may retain copies of such information after completion of its services only if its written agreement with Massport authorizes such retention, or if such selected contractor obtains express written permission to retain from Massport. Any final payments due the Contractor will not be processed until all sets of contract documents are returned by the Contractor to Massport in a manner that is acceptable to Massport. 5. Term. The Contractor s obligations with regard to the terms of this Agreement shall be perpetual or until such time that the information may no longer be considered SSI. 6. Severability. Each provision of this Agreement is severable. If a court of competent jurisdiction should find any provision of this Agreement to be unenforceable, all other provisions hereof shall remain in full force and effect. Capital Programs and Environmental Affairs Department Rev. 6/08/2017 10 P age
7. Acknowledgements. The Contractor acknowledges receipt of Massport s SSI Document Protection Requirements and agrees to strictly adhere to such requirements. The Contractor acknowledges that the unauthorized reproduction, distribution, or disclosure of SSI could cause substantial damage, could expose Massport and its customers and facilities to significant dangers, and could result in civil or criminal fines and penalties and/or other actions by Massport. The Contractor also acknowledges that the obligations of confidentiality required hereunder are vital to the safety, security, and well-being of Massport, its customers, its facilities and operations, and the general public. The Contractor further acknowledges that damages at law may be an inadequate remedy for any breach or threatened breach of the terms of this Agreement, and that Massport may, in addition to all other rights or remedies, seek an injunction in order to restrain any breach or threatened breach, without being required either to show actual damage or to post an undertaking or other security. By signing this Confidentiality Agreement, the Contractor, on behalf of itself and all parties for whom the Contractor is responsible, agrees to be strictly bound to the provisions of this Agreement, and that the person signing below on behalf of the Contractor has the authority and power to execute this Agreement and to bind the Contractor to the obligations contained herein. Contractor s Authorized Representative Date Capital Programs and Environmental Affairs Department Rev. 6/08/2017 11 P age