Request for Qualifications General Contractor Construction Manager

Transcription

1 Request for Qualifications General Contractor Construction Manager Pacific Rim Aquarium Metro Parks Tacoma, Point Defiance Zoo & Aquarium June 3, 2015 RFQ for GC/CM Services 1

2 1.0 INTRODUCTION The Point Defiance Zoo & Aquarium, located in Tacoma, Washington (PDZA) is accepting Statements of Qualifications from General Contractor/Construction Managers (GC/CM or Contractor) to: Support an integrated delivery model together with PDZA staff, EHDD & BCRA Engineers and other vendors to maximize project value. Provide pre-construction consulting services including cost estimating, scheduling, phasing, logistics, constructability reviews and risk mitigation. Provide integrated use of current design and construction technology including Building Information Modeling and Virtual Design and Construction as appropriate. Assist in establishing performance goals with the project team for the design, construction and methods to achieve these goals. Consult with PDZA to consider procurement of mechanical and electrical subcontractors using the Alternative Subcontractor Selection Process as defined in RCW (MCCM and ECCM). Solicit and manage subcontractor and supplier procurement/bidding Provide construction services to deliver a project, safely, on time and under budget. As defined under RCW, Alternative Public Works Contracting Procedures, PDZA intends to award a contract for GC/CM services ("GC/CM Contract") utilizing a three-step competitive process to select the most qualified contractor. The three-step process is described in Section 6.0. The PDZA s overall project team includes EHDD as the lead Designer, BCRA Engineers as the Engineer of Record as well as specialty consultants for geotechnical engineering, surveying, archeology, materials testing and other disciplines. Key Project Team Members: Stan Chapin, Operations Manager, Point Defiance Zoo & Aquarium Jennifer K. Devlin-Herbert, Principal, EHDD Phoebe Schenker, Architect and Project Manager, EHDD John Christiansen, Director of Construction Administration, EHDD Stuart Young, Principal, BCRA Heather Hocklander, Project Architect, BCRA Dan Chandler, Principal, OAC Services, PM / GC/CM consultant Ethel Vural, Senior Project Manager, OAC Services The Selection Committee that will evaluate GC/CM competitors will be made up of Project Team members listed above as well as other Metro Parks Tacoma staff members or local officials. Proposers should assume some Selection Committee members are without previous capital projects or aquarium and LSS experience. Statement of Qualifications submittal deadline: June 17, 2015, 3:00 p.m. Pacific Time RFQ for GC/CM Services 2

3 2.0 PROJECT DESCRIPTION AND REASONS FOR USING GC/CM DELIVERY 2.1 Project Scope The Pacific Rim Aquarium (the Project) will replace the existing North Pacific Aquarium opened in 1963 and is nearing the end of its ability to contain saltwater. The 2014 Capital Bond was approved to fund the Project. Through assessment of the zoo context, analysis of the previous materials developed to date, and in-depth listening sessions with the stakeholders, the Implementation Team derived six over-arching goals for the aquarium project. 1) Deliver Project within Budget 2) Care for the Existing Collection 3) Raise Attendance a Minimum of 10% 4) Enhance the Visitor Experience 5) Distribute Experiences Across Zoo 6) Enhance Destination Point Defiance The Project itself will consist of two primary multi-gallon cast-in-place concrete tanks totaling approximately 340,000 gallons, acrylic viewing windows, animal life support systems, exhibit areas, education space and support spaces totaling 30,000 sq. ft. The project will be built within the current Point Defiance Zoo and Aquarium operating boundaries. 2.2 Schedule GC/CM Procurement PRC Approval Issuance of RFQ Pre-Submittal Conference Last Day for Questions Statement of Qualifications Due Notify GC/CM Short List Interviews Issue RFFP to Finalists (GC s & Fee pricing) Open Final Pricing Proposals (GC s & Fee pricing) PDZA Board Approval of GC/CM GC/CM Contract Signed, Commence service Design and Construction SD & DD April November 2015 CD s, Permit and Bid November 2015 July 2016 Construction July 2016 December 2017 Aquarium Construction Commissioning December 2017 July 2018 RFQ for GC/CM Services 3

4 2.3 Budget The current preliminary budget is as follows. The final scope of work for the successful GC/CM and associated budget line for construction activities is expected to be finalized in the pre-construction phase of the project. Aquarium & LSS Construction Hard Costs $33,043,655 Engineering, Design, Legal, Admin, CM, Contingency, Taxes $15,082,135 Total $48,125, Reason for using GC/CM PDZA desires to retain the GC/CM as a partner early in the project cycle to work with the project team to refine and confirm overall project goals including the final budget, detailed project scope, building goals and the delivery schedule. The currently estimated Guarantee Maximum Price (GMP) is $33,043,655 for the plant and surrounding site work. By delivering the Project using the GC/CM delivery method, PDZA hopes to benefit from the knowledge and experience of the selected GC/CM to obtain a high-value and high-quality Project at a reasonable cost. PDZA believes the success of the Project depends greatly on the experience and qualifications of the selected GC/CM and its staff that will provide Preconstruction and Construction Services. PDZA expects the GC/CM procurement and project delivery method will provide a fiscal benefit through greater cost certainty associated with the MACC; reduced claims risks; reduced change orders because of early GC/CM involvement with the Project; and opportunity to optimize scope, delivery and overall schedule. GMP negotiations are expected to occur pursuant to the GC/CM Agreement when the scope of the project and/or phases are adequately defined and the Construction Documents are at least ninety percent (90%) complete, as mutually determined by the GC/CM and PDZA, but no later than the completion of the Construction Documents. PDZA anticipates negotiating an early site development scope and GMP to be negotiated subject to confirmation with the GC/CM. Successfully negotiated scopes of work and GMP s will be executed as amendments to the GC/CM Agreement. PDZA anticipates negotiation and release of the work in phases to minimize costs associated with winter work and reduces the schedule risks associated with possible archeological discoveries. PDZA reserves it right to terminate GMP negotiations, negotiate with the GC/CM competitor with the next highest score in competition or seek firm, fixed price bids as PDZA determines is in its best interest at any time. RFQ for GC/CM Services 4

5 3.0 SCOPE OF GC/CM SERVICES PDZA is seeking a highly-qualified, customer-focused GC/CM firm to participate as a critical, integrated team member throughout design, preconstruction and construction. The successful GC/CM will demonstrate highly effective preconstruction services including early scope development, estimating, constructability reviews, value engineering recommendations and risk management. The GC/CM will work closely with EHDD & BCRA to integrate the best in current technology including Building Information Modeling (BIM) and Virtual Design and Construction (VDC) to maximize efficiency of design, construction, commissioning, start up, operations and ongoing maintenance and operations. The successful GC/CM will demonstrate outstanding skills in subcontractor and supplier buyout, obtaining maximum value, price competitiveness, local vendor participation and disadvantaged business participation. The GC/CM will demonstrate a strong understanding of the unique aspects of work at Point Defiance Zoo including freight, labor availability and other factors effecting price or schedule. Work will be self-performed by the successful GC/CM when it demonstrates the best overall value and under terms acceptable to PDZA and in strict accordance with applicable statutes. Self-performed work may be executed under a costreimbursable, open-book or a negotiated lump-sum as deemed in the best interest of PDZA The GC/CM will provide all services typical of a general contractor including CPM scheduling, site supervision, subcontractor coordination, safety leadership, construction meeting organization, communications, maintenance of a clean site and surrounding areas, documentation, coordination of other PDZA vendors including independent commissioning, inspections, and PDZA operations staff training. The GC/CM will provide a leadership role in commissioning, staff training, maintenance and operations planning. Subject to negotiations during the pre-construction phase the GC/CM may provide one or more staff members to support the transition from construction to startup to ongoing operations. 4.0 GC/CM EVALUATION AND AWARD PROCESS PDZA intends to contract for GC/CM services on the basis of a combination of qualifications and fees using a three-step competitive selection process described below: Step 1: Statements of Qualifications (SOQ) will be evaluated using the criteria set forth in Section 8, with the most highly qualified firms short-listed to interview with PDZA for further evaluation. PDZA anticipates inviting three to four firms for interviews. Step 2: Short listed firms will be evaluated using an extended interview process, including potential site and office visits and team interviews. The evaluation of the extended interview process may further reduce the number of submittals that remain (Finalists). Step 3: PDZA will invite Finalists to submit Final Pricing Proposals of Specified General Conditions and GC/CM Fee. Prior to the due date for submission of Final Pricing Proposals, Finalists will receive PDZA s form of Agreement, General Conditions, and a detailed matrix of items to be provided in the Specified General Conditions and GC/CM Fee. The GC/CM receiving the highest combined score as a result of the extended interviews and Final Pricing Proposals will be selected to enter into an agreement with PDZA. Note: Scoring for all phases will be publically released at the conclusion of completion only. Interim scoring for Step 1 and Step 2 will not be released during competition. 5.0 STATEMENT OF QUALIFICATIONS (Step 1) RFQ for GC/CM Services 5

6 Respond to each of the items set forth below in a clear and concise manner. Responses must be in the same order as listed, clearly separated with tabs and labeled by response. Pay attention to specific requests for information. The submittals shall be organized in a manner that will enable the GC/CM selection committee to quickly assess pertinent information. Submit ten (10) hard copies in 8-1/2 x 11 easily recyclable format and one (1) exact duplicate in electronic format on a thumb drive in PDF format. Submittals shall be limited to single spaced, typewritten pages (minimum 11 point font) and shall be no more than 20 double sided sheets of paper (a sheet is two pages, front and back). The page count does not include the tabs, RFQ cover sheet, resumes, or blank pages. 5.1 Letter of Interest: (0 points) The letter of interest should not be more than two (2) pages and may contain any information not shown elsewhere in the submittals, and must provide the and/or facsimile contact information for notices required by Section 12 below (Protest Process). Also, submit an executed Contractor Verification Form (this form is a requirement for consideration of the Statement of Qualifications). See Exhibit A. 5.2 Staff Qualifications: (14 points) Provide an organizational chart and a narrative staffing plan showing proposed staff, reporting relationships and key responsibilities for each staff member. Describe roles and responsibilities for pre-construction and construction phase services. At a minimum include information for the following staff members: the principal-in-charge or corporate executive dedicated to the project, project manager, preconstruction manager, project engineers, superintendents, the estimator, the scheduler and the safety officer. Clearly identify the key individual(s) who will provide a leadership role for the project and be the day to day contact for PDZA during the preconstruction and construction phases. Demonstrate how this individual has accomplished a similar role on other projects. Provide detailed resumes for each proposed staff member, including the last 5 relevant projects, employment history, education, and personal references. 5.3 Firm Past Performance on Relevant Projects: (10 points) Provide a description of the history and capabilities of your firm. Describe the types of projects or services the firm normally performs and the relative dollar value of each. Provide the firm s bonding capacity, standard insurance limits and confirm the ability of the firm to bond this project. List the name, contact person, and telephone number of the firm's bonding agent, and include a statement from the bonding agent committing to bond this project. Provide profiles of five (5) successfully completed (or currently ongoing) projects that demonstrate similar complexity, size, and scope, as the Pacific Rim Aquarium. For each project, provide the duration of construction, initial price, the final price, references from both Owner and Architect (include the manager who is familiar with your firm s performance) and note if any of the individuals named in your project team participated as members of the project team for the listed project. Clearly indicate which projects were completed on a negotiated, cost-reimbursable basis (GC/CM, CMGC or similar). Cleary describe which of your referenced projects were delivered using the staff proposed for the Pacific Aquarium project. Staff members proposed by respondents must be used to deliver the project. Staff changes proposed by the selected GC/CM will only be permitted by expressed permission of PDZA. RFQ for GC/CM Services 6

7 5.4 Project Approach: (16 points) Describe your overall approach to maximizing the value of your pre-construction services. In addition, briefly address the following project issues: Describe your approach to cost estimating that supports decision making and avoids overly conservative estimates. Describe your approach to material and subcontractor buyout. How will you maximize price competitiveness and attractiveness in a busy construction market? How do you plan on maximizing participation of local subcontractors, suppliers, and craft workers? Describe your overall approach to executing the project and how you recommend PDZA and EHDD integrate into your overall plan. Describe your approach to construction quality control? What role should PDZA, EHDD and third party inspectors play during construction? Describe your approach to project completion, closeout, commissioning, startup and operations. How will you support smooth transition to ongoing operations? Describe your firm s cost tracking and budget / forecasting approach when working as a project team member during early design and throughout the project. Provide your preliminary advice regarding early procurement of custom acrylic by PDZA. What are the risks and advantages? 5.5 Self-performed Work, Location, and Current Workload (6 points) Describe the work your firm typically self performs and your capability to do so on this project. How will you assure price competition on these scopes of work? Describe the typical geographic range of your firm s work. If Tacoma is outside of the typical geographic range, how do you plan on managing this work to the benefit of PDZA, including pre-construction meeting attendance and management during construction? Provide a summary of your firm s recent, current and projected workload in addition to this project. What has been your annual volume of work (in dollars) for each of the past ten (10) years? What is your anticipated volume of work (in dollars) for the current year, and what is your plan for the next three (3) years? 5.6 Accident Prevention, Safety and Claims (2 points) Provide a summary of your team s accident prevention program and submit your team s EMR and OSHA (WISHA) Lost Time Accident Rate for each of the past five (5) years. 5.7 DBE/MWBE Approach and Apprentice Program (2 points). Provide a summary of your firm s overall approach to maximizing participation of Disadvantaged Business Enterprises including a history of recent outreach and procurement efforts and outcomes. RFQ for GC/CM Services 7

8 6.0 EXTENDED INTERVIEWS ( Step 2 ) Those firms identified within the Short List from the Step 1 process will be invited for Extended Interviews. The firms will be evaluated on the criteria listed in Section 8. Extended Interviews may include site and office visits with competing firms by some or all members of the Selection Committee. Extended Interviews will include a visit to the project site with Selection Committee member. Firms invited for interviews will be provided with additional details following the short list process. The Extended Interview process will be used primarily to compare to the relevant strength and project understanding of short listed management team members. Firms invited for extended interviews will be provided copies of all project documentation including but not limited to the GC/CM Agreement, current design documents, geotechnical and archeological reports, surveys, schedules, budgets, the Cost Responsibility Matrix, Request for Fee Proposal and other documents. 7.0 FEE PROPOSALS ( Step 3 Final Pricing Proposals: 10 Points) Those firms identified as Finalists after the Extended Interviews in Step 2 will be invited to submit Final Pricing Proposals provided by PDZA. The Proposals will include two (2) amounts. The first amount shall be for the GC/CM Fee, and the second shall be a lump sum amount for the Specified General Conditions Work. The terms GC/CM Fee and Specified General Conditions Work will be defined in the GC/CM Agreement. The criteria that PDZA will use to evaluate the Final Proposals are stated in Section 13, below. State your fee as a percentage and multiply it by the estimated MACC to determine a single lump sum number for the dollar amount of the GC/CM Fee. The dollar amount of the fee will be added to the dollar amount for the Specified General Conditions Work to determine a single number, the proposer s total proposal. No other entries, modifications, or qualifications should be made to the proposal. PDZA reserves the right to reject any or all proposals, and to waive informalities or non-material irregularities in the proposals received. The name, address, and contractor registration number of proposer shall be typed or printed on the bid in the space provided. The name must match the name on the proposal guarantee. Proposals must be submitted on the forms furnished by PDZA or on copies of those forms, and signed. The person signing the proposal must initial each page. Proposers shall submit proposals in the format provided in the proposal form. Only the amounts and information asked for in the proposal form will be considered as the proposal. All blank spaces must be filled in. RFQ for GC/CM Services 8

9 8.0 EVALUATION CRITERIA All the submittals received will be reviewed by an evaluation committee established by PDZA. Each evaluation criterion has been assigned points based on its relative value to the GC/CM selection process as a whole. The criteria and their associated points are as follows: 8.1 Statement of Qualifications Staff qualifications 14 points Past performance on relevant projects 10 points Project approach 16 points Self-performed work, firm location, current workload 6 points Accident prevention program, safety, claims, 2 points DBE/MWBE approach and Apprentice Program 2 points Subtotal: *Points scored from Step 1 will not be carried over into point totals earned in Step 2, Extended Interview and Step 3, Final Pricing Proposal. 50 Points* 8.2 Step 2 - Extended Interviews. At the conclusion of the Step 1 process, those firms identified on the Short List will be invited into extended interviews. An agenda including presentation topics, information, and/or format will be transmitted those firms prior to the scheduled date and time of the interviews. Evaluation Criteria for Interview Presentation: Clarity of expression and thoroughness of presentation, firm s understanding of and approach to the requirements of the Project. Points 20 Specific Questions: Thoroughness and insight in providing direct and clear answers to the questions asked. 20 Communication: Overall quality of the team s presentation including interpersonal communications between team members and the interview panel. Quality of questions asked by the firm. 10 Subtotal Possible Points for Interview: 50* *Points received as a result of the Step 2, Extended Interviews will be combined with points Received in Step 3, Final Pricing Proposal to determine the selected GC/CM. RFQ for GC/CM Services 9

10 8.3 Step 3 - Final Pricing Proposals Those firms identified as Finalists at the completion of Step 2, will be invited to submit sealed Final Pricing Proposals for the GC/CM Fee and Specified General Conditions work. The lowest conforming Final Pricing Proposal will receive 10 points. All other Final Pricing Proposals shall be scored as follows: Low Conforming Final Proposal Proposals within 5% of Low Final Proposal Proposals within 10% of Low Final Proposal Proposals within 15% of Low Final Proposal 10 points 8 points 6 points 4 points Proposals within 20% of Low Final Proposal 2 points Other 0 points Total Possible Points for Step 2 Extended Interview and Step 3 Final Pricing Proposal 60 Points The GC/CM receiving the highest combined score as a result of the Extended Interviews and Final Pricing Proposals will be selected to enter into an agreement with PDZA that provides for preconstruction services and GMP negotiations RFQ for GC/CM Services 10

11 9.0 SUBMITTAL REQUIREMENTS 9.1 Submittal Delivery Submittals shall be delivered to: Metro Parks Tacoma (Point Defiance Zoo & Aquarium) 5400 North Pearl Street Tacoma, WA Attention: Stan Chapin, Operations Manager In a sealed envelope or box clearly marked as Statement of Qualifications, GC/CM Services, Pacific Rim Aquarium by the date and time listed above. 9.2 Late Submittals Submittals, modifications of submittals, received at the office designated in the solicitation after the exact hour and date specified for receipt will not be accepted. 9.3 Cancellation of RFQ or Postponement of Submittal Due Date and Time PDZA reserves the right to cancel this RFQ at any time. PDZA may change the date and time for receiving submittals prior to the date and time established for submittal. 9.4 Pre-submittal Conference & Questions A pre-submittal conference will be held at: June 9, 2015, 1:00pm-3:00 p.m. Point Defiance Zoo & Aquarium Education Center 5400 North Pearl Street Tacoma, WA All prospective Respondents are strongly encouraged to attend. The intent of the pre-submittal conference is to assist the Respondents to more fully understand the requirements of this RFQ. Respondents are encouraged to submit questions in advance to enable PDZA to prepare responses; All questions shall be submitted via electronic mail ( ) to: Stan Chapin, PDZA Operations Manager Stan.Chapin@pdza.org Questions will be encouraged and welcomed during the pre-submittal conference. 9.5 Cost of Submittals Respondents are responsible for all costs of competition. 9.6 Collusion or Improper Contact Contact with PDZA staff, Selection Committee members, EHDD or OAC Services regarding this RFQ or collusion of any kind is strictly prohibited. Respondents violating this prohibition will be disqualified from competition Public Disclosure of Submittals Submittals received by PDZA in response to this RFQ become public records and are subject to Chapter RCW, the Public Records Act. The Respondent should clearly identify in its submittal RFQ for GC/CM Services 11

12 any specific information that it claims to be confidential or proprietary. After a decision to award the contract has been made, the submittals shall be available for inspection and copying by the public. If PDZA receives a Public Records Act request to view the information so marked in the Respondent s submittal following an award, its sole obligations shall be to notify the Respondent (1) of the request and (2) of the date that such information will be released to the requester unless the Respondent obtains a court order to enjoin that disclosure pursuant to RCW If the Respondent fails to timely obtain a court order enjoining disclosure, PDZA will release the requested information on the date specified. 9.7 Non-Closure Obligation Any data provided by PDZA either before or after Contract award shall only be used for its intended purpose. Contractors and Subcontractors shall not utilize nor distribute PDZA data in any form without the express written approval of the PDZA. 9.8 Submittal Signature Each submittal shall include a completed submittal response form, the first page of this document, signed by an authorized representative of the Respondent. 9.9 Addenda If at any time, PDZA changes, revises, deletes, clarifies, increases, or otherwise modifies the RFQ, PDZA will issue a written Addendum to the RFQ. Proposers must register on the Metro Parks website for this RFQ to be notified of addendum and new documents on this RFQ. It is the Proposer s responsibility to check for addenda and other new documents on-line Questions and Interpretation of the RFQ No oral interpretations of the RFQ will be made to any Responder. All questions and any explanations must be requested in writing and directed to PDZA no later than date specified in Section or as extended per addendum. Oral explanations or instructions are not binding. Any information modifying a solicitation will be furnished to all Responders by addendum. Communications concerning this RFQ with other than the listed Buyer or Purchasing staff may cause the Responder to be disqualified. All questions regarding this procurement must be submitted via to: Stan Chapin Operations Manager Point Defiance Zoo & Aquarium Stan.chapin@pdza.org RFQ for GC/CM Services 12

13 10.0 CONTRACTOR S RESPONSIBILITY At the time of submitting Proposals, all proposers must be registered by the Washington State Department of Labor and Industries in accordance with RCW ; have a current UBI number; as applicable, have Industrial Insurance (worker s compensation) coverage for the bidder s employees working in Washington, as required in RCW Title 51, Washington Employment Security Department Number as required in RCW Title 50, and Washington Department of Revenue State Excise Tax registration number as required in RCW Title 82; not be disqualified from bidding on any public works contract under RCW or (3); and/or satisfy the bidder responsibility criteria in RCW Certification Regarding Debarment, Suspension and Other Responsibility Matters If this Contract is a covered transaction for purposes of 49 CFR Part 29, the Contractor is required to verify that none of the Contractor, its principals, as defined at 49 CFR , or affiliates, as defined at 49 CFR , are excluded or disqualified as defined at 49 CFR and The Contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting this Contract, the Contractor certifies as follows: The certification in this clause is a material representation of fact relied upon by Metro Parks Tacoma. If it is later determined that the Contractor knowingly rendered an erroneous certification, in addition to remedies available to Metro Parks Tacoma, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Contractor agrees to comply with the requirements of 49 CFR 29, Subpart C while performing this Contract and further agrees to include a provision requiring such compliance in its lower tier covered transactions PROPOSAL GUARANTEE Finalists invited to submit Final Pricing Proposals shall furnish a proposal guarantee in the form of a firm commitment, such as bid bond, postal money order, cash or cashier s check payable to Metro Parks Tacoma, in the amount of at least 5% of the total Final Proposal (Sum of GC/CM Fee and cost for Specified General Conditions). PDZA reserves the right to hold the proposal guarantees of all proposers until the successful proposer has entered into the GC/CM Contract and furnished the required bonds and insurance certificates, or for a period of 90 days, whichever is shorter PROTEST PROCESS At the conclusion of Step 1, notices will be sent to those firms not invited to continue onto Step 2 Extended Interviews. At the conclusion of Step 2, notices will be sent to those firms not invited to continue onto Step 3 Final Pricing Proposal. A. Form of Protest In order to be considered, a Protest shall be in writing, addressed to the Operations Manager, and include: 1. The name, address, and phone number of the Respondent protesting, or the authorized representative of the Respondent; 2. The Request for Qualifications (RFQ) Title under which the Protest is submitted; RFQ for GC/CM Services 13

14 3. A detailed description of the specific grounds for protest and any supporting documentation. It is the responsibility of the Protesting Respondent to supplement its Protest with any subsequently discovered documents prior to the Manager s decision; 4. The specific ruling or relief requested; and 5. Evidence that all persons with a financial interest in the procurement have been given notice of the Protest or if such persons are unknown, a statement to that effect. B. Who May Protest 1. Protests based on qualifications criteria. Any prospective Respondent. 2. Protests following submittal. Any Respondent submitting a response to the RFQ showing a substantial financial interest in the solicitation or award of any Contract. RFQ for GC/CM Services 14

15 C. Time to Protest 1. Protests based on qualifications, criteria or other terms in the RFQ documents which are apparent on the face of said documents must be received by the County no later than five (5) calendar days prior to the date established for submittal of Qualifications. 2. Protests based on other circumstances must be received by the PDZA within five (5) calendar days after the protesting Respondent knows or should have known of the facts and circumstances upon which the Protest is based. In no event shall a Protest be considered if all submittals are rejected or after award of the Contract. D. Determination of Protest 1. Upon receipt of a timely written Protest, the Operations Manager shall investigate the Protest and shall respond in writing to the Protest prior to the award of contract. Except as provided in E below, the decision of the Manager shall be final. E. Reconsideration of Operations Manager s Decision A financially interested Responder may request that the Operations Manager s adverse decision be review by the Metro Parks Planning Director on a reconsideration basis only. The only justification for reconsideration must either be (i) discovery of new data, relevant to the underlying grounds for protest and unavailable at the time of the Protest to the Operations Manager; or (ii) an error of law or regulation made by the Operations Manager. 1. The request for reconsideration must be in writing, filed with the Metro Parks Planning Director, and include: i. name, address, and telephone number of the person protesting or their authorized representative; ii. a copy of the written decision of the Manager; and iii. justification for reconsideration by the Manager s decision, including all pertinent facts and law on which the Responder is relying. 2. The financially interested Responder must file the request for reconsideration no later than five calendar days after receiving the Manager s decision on the protest. 3. Upon receipt of a request for reconsideration, the Metro Parks Planning Director or designee shall review: i. the information submitted to and reviewed by the Manager; and ii. the decision of the Operations Manager, and shall thereafter issue a final determination regarding the request for reconsideration. No other information will be reviewed unless the basis for the request for reconsideration is new data. F. Failure to Comply. Failure to comply with the procedures set forth herein may render a Protest untimely or inadequate, and may result in rejection thereof by the PDZA. RFQ for GC/CM Services 15

16 This RFQ includes the following Attachments: DRAFT Copy of PDZA GC/CM Contract (A ) DRAFT Copy of PDZA GC/CM General Conditions (A ) Procurement Schedule PDZA Implementation Plan 2014 Bond Projects dated March 9, 2015 (with sections 04, 05 & 07 Omitted) RFQ for GC/CM Services 16