101 - The Agreement.pdf

Sol. Reference No.47PD0225R0011 GSA Contract No:

Document: C101-SB-GC/May 2024 (The Agreement)

Construction Contract for: MATSSC Plaza Renovation

The Agreement

Table of Contents

I. Project Information A. Project Summary B. The Contract C. Period Of Performance D. Work Conditions/Site Requirements E. Authorized Representatives F. Contract Liquidated Damages Rate G. Buy American Exceptions H. Statement of Work, Specifications, Drawings

II. Prices

A. Basis of Pricing B. Contract Price Form

III. Terms and Conditions

A. Commencement, Prosecutions and Completion of Work B. Contractor Responsibilities C. Submittals D. Finality of Contract Modifications E. Liquidated Damages F. Insurance Requirements G. Order of Precedence H. Administrative Matters I. Non-Compliance with Contract Requirements J. Requirements for GSA Information Systems K. Options and Allowances L. Additional Terms and Conditions

i. GSAR 552.236-74, Evaluation of Options

ii. GSAR 552.236-77, Government’s Right to Exercise Options

IV. Contract Clauses A. Clauses Incorporated in Full Text

1. FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders- Prohibition, Alternate I

2. FAR 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts

3. FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items

4. GSAR 552.204-9 Personal Identity Verification Requirements

5. GSAR 552.252-6 Authorized Deviations in Clauses

6. FAR 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment

7. Buy American Requirements

8. FAR 52.228-11, Pledges of Assets (DEVIATION)

9. FAR 52.232-40, Providing Accelerated Payments to Small Business

Subcontractors

10. FAR 52.219-14, Limitations on Subcontracting

11. Additional Clauses

12. Project Labor Agreement

13. Special 8(a) Requirements

14. FAR 52.244-5, Competition in Subcontracting

B. Clauses Incorporated by Reference C. Subcontract Requirements

I. Project Information

I.A. Project Summary

GSA has identified a need for Construction Services for a project at the Mid-Atlantic Social Security Center in Philadelphia, PA. The work involves renovations to the Northwest, Northeast, South, and Southeast plazas as well as the replacement of sections of steel girder that support the first floor and are accessible from the loading dock area and adjacent rooms. The MATSSC facility is a 7-story office building with a basement level parking garage, loading dock, training rooms, warehouse and mechanical equipment rooms. GSA has engaged an Architect Engineer (A/E) to design the project. The design is at the concept stage and is scheduled to be complete in January 2025. GSA will use a two-phase process. It anticipates issuing a 50% design package in January 2025, that contains sufficient detail to allow it to solicit Phase 1 technical proposals only, and not price. Upon completion of the evaluation of the Phase I technical proposals, an advisory shortlist will be developed. All offerors will be notified as to whether their firm will be invited to participate in the resultant acquisition or, based on the information submitted, that it is unlikely to be a viable competitor. It will be noted that exclusion from the advisory shortlist shall not preclude offerors from submitting a Phase II price proposal. Once the 100% design documents are complete. GSA will solicit Phase II Price proposals from the firms that submitted Phase 1 technical proposals.

The work will involve multiple trades including General Construction, Mechanical, Electrical, ect. The contractor will be required to have the ability to successfully coordinate all trade/subcontractor work and complete this project within all applicable government guidelines governing the work. The NAICS code for the construction work is 236220 – “Commercial and Institutional Building Construction.

Note: The Inflation Reduction Act of 2022 (IRA), Pub. L. No. 117-169, enacted in August 2022, provided GSA with significant funding for (a) measures necessary to convert facilities to high-performance green buildings, (b) acquisition and installation of construction materials and products with substantially lower levels of embodied greenhouse gas emissions, and (c) emerging and sustainable technologies. The Contract resulting from this Solicitation will be funded in part by IRA appropriations, and it contains numerous IRA-specific requirements. Requirements include, but are not limited to, requirements regarding pricing, invoicing, submittals, materials, and construction. In addition, please note that this Solicitation contains an evaluation factor favoring certain construction materials with the lowest possible levels of embodied carbon. Offerors shall carefully review this Solicitation, the Agreement, the Statement of Work, the Specifications, and the Drawings. Offerors are responsible for accurately pricing and, if successful, fully performing all Contract requirements.

I.B. The Contract

The Contract consists of the SF1442, the Agreement, the Statement of Work, Specifications, Drawings, Exhibits, Amendments, Modifications, and other Attachments identified herein(collectively, the Contract Documents). The Contract contains the entire agreement of the Parties, and no prior written or oral agreement, express or implied, shall be admissible to contradict or modify any part of the Contract.

(2) The Contractor shall provide and pay for all labor, materials, equipment, tools, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution of the work described in and reasonably inferable from the Contract Documents (the Work), whether temporary or permanent. In consideration for, and upon condition of, the Contractor's completion of the Work, GSA shall pay the Contractor the price or prices established in Section II, subject to the terms and conditions set forth in this Contract.

I.C. Period of Performance

(1) Commencement. The Contractor shall commence performance of the Work within 10 days after the Contractor receives the Notice to Proceed (NTP).

(2) Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, no later than 861 calendar days from issuance of Notice to Proceed (NTP).

(3) Contract Completion. The Contractor shall achieve Contract Completion, as the term is defined in this Agreement, within 60 calendar days of Substantial Completion.

I.D. Work Conditions/Site Requirements

The following work shall be performed during the Government unoccupied Hours: noisy and/or odor-producing work that may disrupt tenant operations in adjacent spaces. Any work that restricts the ability of building occupants to utilize the existing means of egress from the building requires coordination between the Contractor, GSA and the SSA Building Manager. Normal operating hours are 5:45 AM to 6:15 PM Monday through Friday, 7:00 AM to 1:00 PM on selected Saturdays, and 7:30 AM to 1:30 PM on selected Sundays.

I.E. Authorized Representatives

(1) This Contract is between the United States of America, acting by and through the Administrator of General Services (GSA), and the Contractor (the Parties). References in this Contract to "the Owner" or "the Government" shall be understood to refer to GSA.

The following individual is designated as the only authorized GSA representative under this Contract, unless other warranted contracting officers are designated in writing:

Authorized Representative Information:

Contracting Officer’s Information

Authorized Representative Information:

Name: Stephen Kohri

Address: 100 S Independence Mall W. Philadelphia, PA 19106

Telephone: (215) 356-5457

Email: Stephen.Kohri@gsa.gov

(2) For the applicable authorities and limitations see Section IV of this Agreement, GSAR 552.236-70.

I.F. Contract Liquidated Damages Rate In accordance with GSAR 552.211-12, Liquidated Damages – Construction, in Section IV of this Agreement, liquidated damages shall be calculated at the rate of $1,385 per calendar day.

I.G. Buy American Exceptions For the applicable Buy American clause and any exceptions, see Section IV of this Agreement.

I.H. Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments

The following documents are incorporated by reference into this Contract.

(1) 75% and 50% Drawings Set, Dated December 2, 2024

(2) 75% and 50% Project Manual, Dated December 2, 2024

(3) Wage Determination PA20240003 Modification 14, Dated December 6, GSA’s asphalt, concrete (and cement), glass and steel requirements establish numeric global warming potential (GWP) limits for each of the EPA-approved construction materials: concrete (and cement), asphalt, steel, and glass (IRA-Eligible Materials). For each IRA-Eligible Material, GWP limits have been established for the best performing 20% of materials in terms of embodied carbon, as reported in terms global warming potential (Top 20% Limits), the best performing 40% of materials in terms of embodied carbon (Top 40% Limits) and better than industry average (Better Than Average Limit).

In accordance with its proposal, Contractor shall provide all IRA-Eligible Materials required for performance of the Contract in compliance with the following IRA Limits.

https://www.gsa.gov/system/files/Asphalt%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Concrete%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Glass%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Steel%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf

IRA-Eligible Material*

IRA Limit (e.g., Top 20% Limit, Top 40%, Better than Average)

GWP Value for IRA Limit

Concrete Specified concrete strength class (compressive strength [f'c] in pounds per square inch [PSI])

≤ 2499 PSI

[CO to specify each limit as applicable -limits for the Top 20%, Top 40% and Better than Average prepopulated below]

228 261 277 kgCO2e/m3

3000 PSI

257 291 318 kgCO2e/m3

4000 PSI

284 326 352 kgCO2e/m3

5000 PSI

305 357 382 kgCO2e/m3

6000 PSI

319 374 407 kgCO2e/m3

≥7200 PSI

321 362 402 kgCO2e/m3

Cement**

751 819 858 kgCO2e/metric ton

Concrete Masonry Units

217 256 290 kgCO2e/m3

Asphalt

55.4 64.8 72.6 kgCO2e/metric ton

Steel

Fabricated Rebar

728 794 850 kgCO2e/metric ton

Unfabricated Rebar

611 716 760 kgCO2e/metric ton

Hollow Structural Sections (fabricated)

1,778 1,854 1,898 kgCO2e/metric ton

Hollow Structural

1,580 1,620 1,652 kgCO2e/metric ton from Electric Arc Furnaces (unfabricated)

Hot-Rolled

(fabricated)

1,022 1,128 1,163 kgCO2e/metric ton

Hot-Rolled

(unfabricated)

686 713 869 kgCO2e/metric ton

Cold-Formed and Galvanized (stud, track, framing, etc.)

2,228 2,324 2,408 kgCO2e/metric ton

Structural Steel Plate from Electric Arc Furnaces (unfabricated)

987 1,152 1,190 kgCO2e/metric ton

Flat Glass

1,331 1,370 1,401 kgCO2e/metric ton

* Required construction product assemblies (such as window assemblies) are included in IRA-Eligible Material categories, and are bound by IRA Limits. At least 80% of the assembly’s total cost or total weight must be composed of compliant IRA-Eligible Materials.

** Where provision of concrete that qualifies under these GSA IRA Limits is impractical, GSA’s IRA Limits for cement may be applied to the cement being used in the concrete mix.

Contractor compliance with IRA Limits will be verified by reference to provided materials’ environmental product declarations (EPDs). EPDs must meet the standards reflected in GSA’s asphalt, concrete (and cement), glass and steel requirements (see Compliance Documentation criteria listed for each IRA-Eligible Material).

II. Prices

II.A. Basis of Pricing

(1) Contract Prices. All Contract prices set forth in this Section include all costs necessary to complete the work for which the price is established (e.g., Base Contract, Unit Price, Options) in accordance with the Contract Documents, including, but not limited to, the cost of work performed by subcontractors and consultants, indirect costs, fees, expenses, taxes, and profit.

https://www.gsa.gov/system/files/Concrete%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Asphalt%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Concrete%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Glass%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Steel%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf

(2) Knowledge of Conditions Affecting Price. FAR 52.236-3, Site Investigations and Conditions Affecting the Work, is incorporated by reference in this Contract. The Contractor shall be presumed to have established all prices with knowledge of general and local conditions that may affect the cost of Contract performance at the site where the Work is to be performed, to the extent that such information is reasonably obtainable.

(3) Unit Prices and Allowances. If any portion of the Work is to be performed on a unit price basis, the Unit Price shall include all costs of coordinating and incorporating the unit-priced portion of the Work into the Base Contract Work. The Contractor shall only be obligated to perform unit-priced work to the extent that an Allowance has been established. The Contractor shall be obligated to perform such work in excess of a unit quantity for which an Allowance is established only if directed by the Contracting Officer in writing. The Contractor shall be bound to the unit price or prices set forth herein in all equitable adjustments for changes including unit priced work, and no markups shall be applied to such unit prices.

(4) Options. If any portion of the Work is to be performed upon the timely exercise of an Option, the Option Price shall include all costs of coordinating and incorporating the Option-priced portion of the Work into the Base Contract Work. An adjustment to the Contract price for such additional work shall be computed solely on the basis of the Option price or prices set forth herein. Unless otherwise specified, all options may be exercised within 90 days of Contract award.

(5) Bid Rates. If this Contract includes Bid Rates to be used in determination of equitable adjustments (e.g., overhead, profit, daily rates for time-related costs), such rates shall be deemed to include all costs recoverable as components of an equitable adjustment consistent with the requirements, definitions, and exclusions applicable to equitable adjustments set forth in this Contract, and consistent with the Contractor's cost accounting practices. Unless otherwise specified, the bid rates shall be deemed to include only the Contractor's costs, and not the costs of any subcontractors.

II.B. Pricing Sheet

Pricing Sheet will be required as part of Phase 2 of this Solicitation.

CLIN & SubCLIN Price

CLIN 0001 Non IRA Project Expenditures $

CLIN 0002 IRA Acquisition and installation of low embodied carbon materials $

CLIN & SubCLIN Price

SubCLIN 0002AA Acquisition and installation of low embodied carbon steel and associated expenses

SubCLIN 0002AB Acquisition and installation of low embodied carbon asphalt and associated expenses

SubCLIN 0002AC Acquisition and installation of low embodied carbon glass and associated expenses

SubCLIN 0002AD Acquisition and installation of low embodied carbon concrete and associated expenses

CLIN 0003 IRA emerging and sustainable Technologies $

CLIN 0004 IRA high-performance green building measures $

GSA is required to track spending for each of the three appropriations it received under the Inflation Reduction Act of 2022 (IRA) -- for low-embodied carbon (LEC) materials, emerging and sustainable technologies, and high-performance green building measures -- and has established “budget activities” for each of these appropriations. A contract line item number (CLIN) for each of these budget activities has been included in the Agreement as necessary. In addition, subCLINs will be used to track spending on each of the LEC materials designated for IRA funding -- asphalt, concrete, glass, and steel.

Offerors must include separate prices for IRA work under the corresponding IRA CLINs and subCLINs.

Amounts for each IRA CLIN should reflect all expenses necessary to accomplish acquisition and installation of IRA work elements. A list of possible expenses follows below; this list is not exhaustive.

• Expenses of acquiring and transporting products and materials required for IRA-funded work to the construction site;

• Labor, general and administrative expenses, and overhead and profit reasonably attributable to installation of IRA-funded work;

• Expenses for materials, tools, riggings and equipment (including safety equipment) required to install IRA-funded work;

• Design, submittal and documentation expenses reasonably attributable to IRA-funded work;

• Demolition and disposal expenses reasonably necessary for and attributable to IRA-funded work

• Expenses necessary to return space to its condition preceding IRA-funded work;

• Environmental remediation expenses required in execution of IRA-funded work;

and

• Phasing and commissioning expenses reasonably attributable to IRA-funded work.

III. Terms and Conditions

III.A. Commencement, Prosecution, and Completion of Work

FAR 52.211-10, Commencement, Prosecution, and Completion of Work and GSAR 552.211-10, Commencement, Prosecution and Completion of Work is supplemented as follows:

The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of the Work, as defined in GSAR 552.211-70 Substantial Completion (Mar 2019) and the time specified in Section I (Project Information), “Period of Performance” clause. If the Contract specifies different completion dates for different phases or portions of the Work, the Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of such phases or portions of the Work within the times specified.

III.B. Contractor Responsibilities

GSAR 552.236-71, Contractor Responsibilities is located in Section IV.A. of this Agreement and is supplemented as follows:

(1) The Contractor shall secure and pay for all necessary permits and governmental fees, licenses, and inspections that are customarily secured after award of the Contract and that are legally required at the time of award. The Contractor shall provide a copy of the permits required for execution of the work to the Contracting Officer prior to commencement of any related work.

III.C. Submittals

FAR 52.236-21, Specifications and Drawings for Construction, GSAR 552.236-72, Submittals located in Section IV.A. of the Agreement is supplemented as follows:

(1) The Contractor shall prepare and submit to the Contracting Officer shop drawings, samples, calculations, product information, mockups, and other submittals (collectively, "submittals") demonstrating compliance with Contract requirements for all Work components as specified elsewhere in this Contract.

III.D. Finality of Contract Modifications As set forth elsewhere in this Contract, the Contractor is entitled to additional consideration under certain conditions, including the issuance of change orders. It is the Contractor's duty to include in proposals for equitable adjustment or other consideration all compensation to which it may be entitled, including cost and time.

Unless otherwise explicitly stated in a modification to the Contract providing such consideration, adjustments to the Contract price or time agreed upon therein shall be deemed to provide all compensation to which the Contractor is entitled, and shall constitute final settlement of the Contractor's entitlement to compensation on account of the change or other condition giving rise to the modification.

III.E. Liquidated Damages The Contractor acknowledges that time is of the essence for the performance of the Work, and that determining actual damages from delay would be extremely difficult and impractical. If the Contractor fails to achieve Substantial Completion of the Work in accordance with FAR 52.211-12, Liquidated Damages and GSAR 552.211-12, Liquidated Damages and the time specified in this Contract, the Contractor shall be liable to the Government for liquidated damages at the rate specified in Section I (Project Information), paragraph entitled, “Liquidated Damages Rate,” for each calendar day following the required completion date that the Work is not Substantially Complete.

III.F. Insurance Requirements

(1) The Contractor shall obtain and maintain for the entire life of the Contract, in addition to any insurance required by law, the following minimum kinds and amounts of insurance required pursuant to FAR clause 52.228-5, Insurance – Work on a Government Installation, and GSAR 552.228-5, Government as Additional Insured.

(a) Workers' compensation insurance in the amount required by the jurisdiction in which the Contract is performed. The Contractor shall obtain Employers' liability coverage of at least $2,000,000. If occupational diseases are not covered by workers' compensation insurance, Employers' liability coverage shall include occupational diseases.

(b) Broad form comprehensive commercial general liability insurance in the amount of at least $5,000,000 per occurrence. Such insurance shall include, but not be limited to, contractual liability, bodily injury and property damage.

(c) Comprehensive automobile liability covering the operation of all automobiles used in connection with performing the Contract in the amount of at least $1,000,000 per person and $2,500,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage.

(2) The Contractor shall promptly provide to the Contracting Officer proof that it has obtained insurance required by the Contract in the form of certificates of insurance. The

Contractor shall submit to the Contracting Officer all renewal certificates issued during the life of this Contract immediately upon issuance.

III.G. Order of Precedence Different requirements within this Contract shall be deemed inconsistent only if compliance with both cannot be achieved. In case of inconsistency between Contract Documents, the following order of precedence shall apply:

(1) Section IV of the Agreement

(2) Sections I, II, and III of the Agreement

(3) The Drawings

(4) Exhibits and Other Attachments

III.H. Administrative Matters

(1) Project Meetings. The Contractor shall attend a preconstruction conference and shall participate in regularly scheduled Project meetings.

(2) Payments. FAR clause 52.232-5, Payments under Fixed-Price Construction Contracts, is supplemented by GSAR 552.232-5 Payments under Fixed-Price Construction Contracts located in Section IV.A. of this Agreement. In accordance with the relevant FAR and GSAR clauses, GSA requires the following data be included with each invoice:

(a) Invoices shall be submitted electronically to the designated billing office specified in this Contract or in individual delivery/work orders. An electronic copy of the invoice shall be sent to the CO and COR as designated after award.

(b) Invoices must include the Account Document Number (ADN) assigned at award.

(c) The Contractor shall submit the following information or documentation with each invoice:

(i). The Contractor shall provide an itemized invoice detailing the amounts requested under each firm-fixed price CLIN and SubCLIN set forth in the Contract Price Form. Itemized invoices shall reflect progress on each CLIN and SubCLIN and should reflect the latest Schedule of Values. Provide updated IRA Project Submittal Form (Construction Team section) in accordance with the minimum frequency as defined by the submittals noted on the LEC, E&ST and HPGB instruction tabs on the IRA Project Submittal Form. These constitute the minimum required submittals. The Contracting Officer may determine a more frequent submission based on the nature of the project. See Specification, Division One, Submittal Procedures, 013300 and Payment Procedures, 012900.

(ii). The Contractor shall submit GSA’s IRA Post Award Allocation Form, attached, within 20 days of contract award.

(iii) Updated Schedule of Values upon which the payment request is based;

https://docs.google.com/spreadsheets/d/1jyALp_qijlfG3TCrTaQyQdPDrOfurUJwsu1BvoSKWEU/edit?usp=sharing

(iv) GSA Form 2419 - Certification of Progress Payments Under Fixed-Price Construction Contract;

(v) The payment terms that apply for the particular services rendered

(vi) Additional documentation:

(3) Prompt Payment. In accordance with FAR clause 52.232-27, the period for payments is as follows:

(a) Progress Payments: 14 days

(b) Subsequent Subcontractor Payments: 7 days

(4) Payment Information. The General Services Administration (GSA) makes information on contract payments available electronically at Office of the Chief Financial Officer. The Contractor may register at the site and review its record of payments. This site provides information only on payments made by GSA, not by other agencies.

(5) Security Clearances. Contractor shall comply with the following requirements pertaining to security clearances.

(a) All personnel performing work under the Contract on the Project site must obtain an Enter on Duty (EOD) determination before they will be granted access to the site.

(b) To obtain an EOD determination, Contractor shall submit for all such personnel fingerprints on Form SF87 and a completed Contractor Information Worksheet (CIW). Detailed information is available at GSA Access Card . USAccess Credentialing Centers can be located at US Access Centers .

(c) In addition, all such personnel who will be on site 6 months or longer must apply for and receive clearance in accordance with Homeland Security Presidential Directive 12 (HSPD-12). See Section IV, Contract Clauses, GSAR 552.204-9.

(6) Safeguarding and Dissemination of Controlled Unclassified Information (CUI) Building Information

This clause applies to all recipients of CUI building information (which falls within the CUI Physical Security category), including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers and manufacturers.

Marking CUI. Contractors must submit any contractor-generated documents that contain building information to GSA for review and identification of any CUI building information that may be included. In addition, any documents GSA identifies as containing CUI building information must be marked in accordance with the Order and the Marking Controlled Unclassified Information Handbook (the current version may be found at https://www.archives.gov/files/cui/20161206-cui-marking-handbook-v1-1.pdf) https://finance.ocfo.gsa.gov/pii/piinotice.aspx?token=PI002 https://finance.ocfo.gsa.gov/pii/piinotice.aspx?token=PI002 http://www.gsa.gov/portal/category/107203 http://www.fedidcard.gov/centerlist.aspx https://www.archives.gov/files/cui/20161206-cui-marking-handbook-v1-1.pdf before the original or any copies are disseminated to any other parties. If CUI content is identified, the CO may direct the contractor, as specified elsewhere in this contract, to imprint or affix CUI document markings (CUI) to the original documents and all copies, before any dissemination, or authorized GSA employees may mark the documents.

1. Authorized recipients.

a. Building information designated as CUI must be protected with access strictly controlled and limited to those individuals having a Lawful Government Purpose to access such information, as defined in 32 C.F.R. § 2002.4(bb). Those with such a Lawful Government Purpose may include Federal, state and local government entities, and non-governmental entities engaged in the conduct of business on behalf of or with GSA. Non-governmental entities may include architects, engineers, consultants, contractors, subcontractors, suppliers, utilities, and others submitting an offer or bid to GSA, or performing work under a GSA contract or subcontract. Recipient contractors must be registered as “active” in the System for Award Management (SAM) database at www.sam.gov, and have a Lawful Government Purpose to access such information. If a subcontractor is not registered in the SAM database and has a Lawful Government Purpose to possess CUI building information in furtherance of the contract, the subcontractor must provide to the contractor its DUNS number or its tax ID number and a copy of its business license. The contractor must keep this information related to the subcontractor for the duration of the contract and subcontract.

b. All GSA personnel and contractors must be provided CUI building information when needed for the performance of official Federal, state, and local government functions, such as for code compliance reviews and the issuance of building permits. Public safety entities such as fire and utility departments may have a Lawful Government Purpose to access CUI building information on a case-by-case basis. This clause must not prevent or encumber the necessary dissemination of CUI building information to public safety entities.

2. Dissemination of CUI building information:

a. By electronic transmission. Electronic transmission of CUI information outside of the GSA network must use session encryption (or alternatively, file encryption) consistent with National Institute of Standards and Technology (NIST) SP 800- 171. Encryption must be through an approved NIST algorithm with a valid certification, such as Advanced Encryption Standard or Triple Data Encryption Standard, in accordance with Federal Information Processing Standards Publication 140-2, Security Requirements for Cryptographic Modules, as required by GSA policy.

b. By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include CDs, DVDs, and USB drives. Nonelectronic forms of CUI building information include paper documents, photographs, and film, among other formats.

i. By mail. Contractors must only use methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt. CUI markings must not appear on the exterior of packages.

ii. In person. Contractors must provide CUI building information only to authorized recipients with a Lawful Government Purpose to access such information. Further information on authorized recipients is found in section 1 of this clause.

3. Record keeping. Contractors must maintain a list of all entities to which CUI is disseminated, in accordance with sections 2 and 3 of this clause. This list must include, at a minimum: (1) the name of the state, Federal, or local government entity, utility, or firm to which CUI has been disseminated; (2) the name of the individual at the entity or firm who is responsible for protecting the CUI building information, with access strictly controlled and limited to those individuals having a Lawful Government Purpose to access such information; (3) contact information for the named individual; and (4) a description of the CUI building information provided. Once “as built” drawings are submitted, the contractor must collect all lists maintained in accordance with this clause, including those maintained by any subcontractors and suppliers, and submit them to the CO. For Federal buildings, final payment may be withheld until the lists are received.

4. Safeguarding CUI documents. CUI building information (both electronic and paper formats) must be stored within controlled environments that prevent unauthorized access. GSA contractors and subcontractors must not take CUI building information outside of GSA or their own facilities or network, except as necessary for the performance of that contract. Access to the information must be limited to those with a Lawful Government Purpose for access.

5. Destroying CUI building information. When no longer needed, CUI building information must either be returned to the CO or destroyed in accordance with guidelines in NIST Special Publication 800-88, Guidelines for Media Sanitization.

6. Notice of disposal. The contractor must notify the CO that all CUI building information has been returned or destroyed by the contractor and its subcontractors or suppliers in accordance with paragraphs 4 and 5 of this clause, with the exception of the contractor's record copy. This notice must be submitted to the CO at the completion of the contract to receive final payment. For leases, this notice must be submitted to the CO at the completion of the lease term.

7. CUI security incidents. All improper disclosures or receipt of CUI building information must be immediately reported to the CO and the GSA Incident Response Team Center at gsa-ir@gsa.gov. If the contract provides for progress payments, the CO may withhold approval of progress payments until the contractor provides a corrective action plan explaining how the contractor will prevent future improper disclosures of CUI building information. Progress payments may also be withheld for failure to comply with any provision in this clause until the contractor provides a corrective action plan explaining how the contractor will rectify any noncompliance and comply with the clause in the future.

8. Subcontracts. The contractor and subcontractors must insert the substance of this clause in all subcontracts.

[End of clause]

III.I. Non-Compliance with Contract Requirements

In the event the Contractor, after receiving written notice from the Contracting Officer of non-compliance with any requirement of this Contract, fails to initiate promptly such action as may be appropriate to comply with the specified requirement within a reasonable period of time, the Contracting Officer shall have the right to order the Contractor to stop any or all work under the Contract until the Contractor has complied or has initiated such action as may be appropriate to comply within a reasonable period of time. The Contractor will not be entitled to any extension of Contract time or payment for any costs incurred as a result of being ordered to stop work for such cause.

III.J. Requirements for GSA Information Systems

III.K. Options and Allowances

TBD in Phase 2

III.L. Additional Terms and Conditions

(i) GSAR 552.236-74, Evaluation of Options (MAR 2019)

(ii) GSAR 552.236-77, Government’s Right to Exercise Options (MAR 2019)

Limited Notice to Proceed with Post-award Low Embodied Carbon Materials Research Report.

mailto:gsa-ir@gsa.gov

If any of the Contractor’s IRA Limit Commitments do not correspond to the subject material’s Top 20% Limits, notice to proceed with the project entails only a limited notice to proceed with the Low Embodied Carbon Materials CLIN.

Specifically, Contractor shall only proceed with preparation of a Low Embodied Carbon Materials Research Report explaining why such IRA Limit Commitments did not correspond to the subject material’s Top 20% Limits. Additionally, to the extent applicable, the Contractor shall also explain why any IRA Limit Commitments did not meet the subject material’s Top 40% Limits.

For each IRA-Eligible Material not meeting Top 20% Limits, the report shall detail:

• the Contractor’s process for seeking Top 20% and Top 40% materials;

• sources contacted;

• sources of Top 20% and Top 40% materials identified (if any); and

• the reason why the Contractor did not commit to furnish Top 20% or Top 40% materials identified (if any) (e.g., insufficient supply, schedule delays, unreasonable cost).

The Low Embodied Carbon Materials Research Report is due within 5 business days of notice to proceed. Following submission of its report, Contractor shall request that the Contracting Officer issue an unrestricted notice to proceed.

Note: Contractor shall not place orders for any IRA-Eligible Materials until it has received an unrestricted notice to proceed. Contractor consents to unrestricted GSA use of supplier names and the GWP values referenced in the Low Embodied Carbon Materials Research Report. This information may be disclosed publicly or used to inform other low embodied carbon procurement activities. Technical solutions, supplier pricing and supplier-offeror terms and conditions will not be shared. Any objection shall be transmitted to the Contracting Officer with the Low Embodied Carbon Materials Research Report and shall adhere to 41 C.F.R. § 105-60.601.

Market Reports. Within 10 business days following contract award, the Contractor shall provide the Contracting Officer with a current Market Report on IRA-Eligible Materials referenced in the Solicitation’s Sustainability Factor self-scoring table. The Market Report shall evaluate materials available in the quantities and timeframes required by the Contract, prioritizing data on materials compliant with Top 20% and Top 40% Limits.

The Market report shall detail:

• the Contractor’s process for seeking IRA-Eligible Materials meeting each material’s respective Top 20% and Top 40% Limits;

• sources contacted;

• sources of Top 20% and Top 40% materials identified (if any); and

• actual or estimated pricing and environmental product declaration GWP values for each identified material.

The Contractor shall furnish an Updated Market Report 90 calendar days following submission of the initial report.

Note: Contractor consents to unrestricted GSA use of supplier names and the GWP values referenced in Market Reports. This information may be disclosed publicly or used to inform other low embodied carbon procurement activities. Technical solutions, supplier pricing and supplier-offeror terms and conditions will not be shared. Any objection shall be transmitted to the Contracting Officer with Market Reports and shall adhere to 41 C.F.R. § 105-60.601.

Note: Upon award, the Contracting Officer shall provide the contractor with supplier names and the GWP values associated with supplier materials obtained through the competition. The Contracting Officer shall not share technical solutions, supplier pricing, or supplier-offeror terms and conditions. If a vendor specifically objected to disclosure of supplier names and/or GWP values associated with supplier materials in accordance with 41 C.F.R. § 105-60.601, Contracting Officers shall not share this information with the contractor. Similarly, if the contractor has specifically objected to disclosure of supplier names and/or GWP values associated with materials provided or identified under the Low Embodied Carbon Materials Research Report and/or Market Reports in accordance with 41 C.F.R. § 105-60.601, GSA officials shall not share this information with the public.

IV. Contract Clauses

IV.A. Clauses Incorporated in Full Text

1. FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders- Prohibition (DEC 2023) Alternate I (DEC 2023)

(a) Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or https://www.govinfo.gov/link/uscode/41/4713 https://www.govinfo.gov/link/uscode/41/4713 https://www.govinfo.gov/link/uscode/40/11101 https://www.govinfo.gov/link/uscode/40/11101 https://www.govinfo.gov/link/uscode/47/153 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-32/part-2002

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.Intelligence community, as defined by 50 U.S.C.

3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e) https://www.govinfo.gov/link/uscode/50/3003 https://www.govinfo.gov/link/uscode/50/3003 https://www.govinfo.gov/link/uscode/50/3003

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to https://www.govinfo.gov/link/uscode/44/3552 https://www.govinfo.gov/link/uscode/44/3552 be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition. (1) Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by any applicable FASCSA orders identified by the checkbox(es) in this paragraph (b)(1).

Yes X No ☐ DHS FASCSA Order

Yes ☐ No ☐ DoD FASCSA Order

Yes ☐ No ☐ DNI FASCSA Order

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A https://www.sam.gov/ contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement. (1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

https://dibnet.dod.mil/ https://dibnet.dod.mil/

(B) In addition, the Contractor shall describe the efforts it undertook to…