ATTCH_D_007300_Supplementary_Provisions.pdf

Federal Bureau of Investigation 007300 - 1 Supplementary Provisions Clarksburg West Virginia CJIS Site and Land Management RFQ 15F06719Q0000076 May 9, 2018

ATTACHMENT D

SECTION 007300 INDEX

SUPPLEMENTARY PROVISIONS

CONDITIONS OF THE CONTRACT

52.202-1 DEFINITIONS (NOV 2013)

52.204-2 SECURITY REQUIREMENTS (AUG 1996)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

52.211-13 TIME EXTENSION (SEP 2000)

52.228-5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.232-5 PAYMENTS UNDER FIXED PRICE CONSTRUCTION CONTRACTS (MAY 2014)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236-8 OTHER CONTRACTS (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

52.243-4 CHANGES (JUN 2007)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

ADDITIONAL PROVISIONS

MATERIALS AND PRODUCTS

Federal Bureau of Investigation 007300 - 2 Supplementary Provisions

SECTION 007300

SUPPLEMENTARY PROVISIONS

1.1 CONDITIONS OF THE CONTRACT

A. General:

1. The General Conditions comprise the required and other applicable clauses from "Contract Clauses for Fixed-Price Construction" of Part 52 - Solicitation Provisions and Contract Clauses - of the Federal Acquisition Regulation (FAR), as set forth in the Contract Documents.

2. The Supplementary Provisions amend and add to the General Conditions.

Numbers and titles of clauses and other text references which follow identify the respective General Conditions clauses and other text references to which the amendments and additions apply.

3. The General Conditions and the Supplementary Provisions comprise the

Contracting Requirements. Where reference is made elsewhere in the Contract Documents to 'Contracting Requirements' or 'Conditions of the Contract' or 'General Conditions' or, 'Supplementary Provisions', consult both General Conditions and Supplementary Provisions to determine the full extent or the information referenced.

B. Cross References: The cross references made from time to time in the Contract

Documents are there solely to assist the reader in understanding the Contract requirements, and in no way shall be understood to change the Contract requirements nor limit the responsibilities of the parties hereto.

1.2 52.202-1 DEFINITIONS (NOV 2013)

Add the following paragraphs to FAR Clause 52.202-1:

(c) The Bidding Documents:

1. The Bidding Documents consist of the Bidding Requirements, comprised of the documents listed and the proposed Contract Documents.

(d) The Contract Documents:

Federal Bureau of Investigation 007300 - 3 Supplementary Provisions

1. The Contract Documents consist of the Contract for Construction (between the Government and the Contractor - the Contract), the Contracting Requirements, the Specifications, the Drawings, all Amendments to the Bidding Documents, and all Changes to the Contract Documents.

2. Unless modified in the Contract, the Specifications and the Drawings are comprised of the Documents listed in "Table of Contents" of the Project Manual (Volumes 1 and 2) and the Contract Document Drawing List.

3. Amendments are written or graphic instruments issued by the Government prior to execution of the Contract which modify or interpret the Bidding Documents by additions, deletions, clarifications and corrections.

4. Changes are defined in FAR Clause 52.243-4 CHANGES.

(e) The Contract:

1. The Contract Documents form the Contract. The Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations or agreements, either written or oral.

2. The Contractor shall forward all communications to the Federal Bureau of

Investigation (FBI).

(f) The Work:

1. The Work means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. The word "Work" is used both with and without the initial letter capitalized. Refer also to FAR Clause 52.246-12 INSPECTION

OF CONSTRUCTION.

(g) The Drawings:

1. The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.

(h) The Specifications:

Federal Bureau of Investigation 007300 - 4 Supplementary Provisions

1. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services.

(i) The Project Manual:

1. The Project Manual is the volume(s) usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications.

(j) The Project:

1. The Project is the total construction of which the Work performed under the

Contract Documents may be the whole or a part and which may include construction by the Government by the use of separate contractors.

(k) The Site:

1. The Site is the area or areas shown on the Drawings within which the Work of the Contract is to be done.

(l) Off-Site:

1. “Off-site” means the area outside of the FBI property line.

(m) The Architect:

1. The Architect / Engineer is: "Architect / Engineer" means the Architect or the Architect's authorized representative. The Architect may be referred to in the Bidding Documents as the Professional Services Contractor.

2. The Architect / Engineer (as required by separate contract) will:

a. Provide review and approval of Shop Drawings, Product Data, and

Samples submitted by the Contractor.

b. Determine the acceptability of substitute materials and equipment proposed by the Contractor.

c. Visit the site at appropriate intervals, as required by the Government, through construction completion to perform agreed-upon activities in regard to construction completion, and to monitor acceptance testing.

Federal Bureau of Investigation 007300 - 5 Supplementary Provisions

d. Provide observation assistance where required to verify that Contractor is performing as specified.

(n) Contracting Officer's Technical Representative (COR):

1. The performance of Work required herein shall be subject to the technical direction of the cognizant COR or his/her designee with respect to technical matters pertaining hereto. As used herein, "Technical Direction" is direction to the Contractor which fills in details, suggests possible lines of inquiry, or otherwise supplements the scope of Work. "Technical Direction" must be confined to the general scope of Work set forth herein and shall not constitute a new assignment, nor supersede or modify any other Clause of this contract.

To be valid, technical direction:

a. Must be issued in writing consistent with the general scope of Work set forth in the contract;

b. Shall not change the expressed terms, conditions, or specifications incorporated into this contract; and

c. Shall not constitute a basis for extension to the contract delivery schedule or contract price.

2. The COR is authorized to:

a. Act as liaison and to coordinate Contractor/Government activities;

b. Arrange for and coordinate the use of Government resources (personnel, space, documents, etc.);

c. Provide technical guidance in the performance of the contract; and will provide the necessary interpretation and clarification of the specifications and drawings;

d. Receive, review and approve (but not reject or deny) progress reports, selected invoices and final reports or other functions of a technical nature.

The authority to reject performance and deny associated invoices is expressly reserved for the FBI.

3. The COR does not have the authority to alter the Contractor's obligations under the contract; direct changes that fall within the purview of the clause entitled "Changes" and/or modify any of the expressed terms, conditions, specifications, or price of the contract. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Specification/Work Statement, the FBI shall issue such changes in writing and signed.

Federal Bureau of Investigation 007300 - 6 Supplementary Provisions

4. The COR assigned cognizance of this Contract is: To be provided after award of the Contract.

(o) The Contractor:

1. The Contractor is the individual, partnership, joint venture, or corporation named in the Contract.

(p) Specialist:

1. "Specialist" means an individual or firm of established reputation (or, if newly organized, whose personnel have previously established a reputation in the same field), which is regularly engaged in, and which maintains a regular force of workmen skilled in either (as applicable) manufacturing or fabricating items required by the Contract, installing items required by the Contract, or otherwise performing Work required by the Contract. Where the Specifications require installation by a specialist, that term shall also be deemed to mean either the manufacturer of the item, an individual or firm licensed by the manufacturer, or an individual or firm who will perform the Work under the manufacturer's direct supervision.

(q) Miscellaneous Definitions:

1. "Product" shall be read to include materials, articles, systems and equipment incorporated in or to be incorporated in the Work. Refer to FAR Clause 52.236- 21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION, for definition of the word "approved".

2. "Per" means "in accordance with the requirements of".

3. "Replace" means to put something new in place of.

4. "N.I.C." and "NIC" mean "not in Contract".

5. "Certified" means "guaranteed in writing over the signature of an authorized representative of the certifying organization.

6. Note that definitions also appear in FAR clauses throughout the GENERAL

CONDITIONS.

(r) Sentence Construction:

Federal Bureau of Investigation 007300 - 7 Supplementary Provisions

1. Depending upon its origin and author, text in the Contract Documents is written variously in three different forms (moods) of sentence construction: indicative, imperative and streamlined. Following are examples of each:

a. Indicative: "Contractor shall submit shop drawings showing…" and

"Equipment shall be installed plumb and level." and "Portland cement shall meet the requirements of AS-,M C150, Type L."

b. Imperative: "Submit drawings showing…" and "Install equipment plumb and level."

c. Streamlined: "Shop Drawings: Submit showing…" and "Equipment:

Install plumb and level." and "Portland Cement: ASTM C150, Type l."

2. Unless specifically stated otherwise, all instructions in the Contract Documents are to the Contractor (or the bidder, in the case of Bidding Requirements). The form of sentence construction in which any instruction is delivered is simply an author's choice and in no way shall be understood to dilute the Contractor's (or bidder's) responsibility to perform in accordance with that instruction.

3. Whenever the term Government is used in the specifications, it shall be understood that it means the FBI for the purpose of this project.

(s) Intersystem Testing: The interrelationship and operation of separately installed systems operating in concert as a integrated fully functional whole system or as an autonomous system(s) as required by the Contract Documents.

1.3 52.204-2 SECURITY REQUIREMENTS (AUG 1996)

Add the following paragraphs to FAR Clause 52.204-2:

(f) Within five (5) days after award of the contract, the Contractor shall furnish to the FBI the name, social security number, date of birth, place of birth, and present address of key management or supervisory personnel who will require access to the FBI Facility.

If any of these personnel have or have had security clearances, it should be noted along with the level of clearance and the granting authority.

(g) Secret Personnel Security Clearances (Key Personnel):

1. All owners, officers, directors, executive personnel, and other key supervisory personnel and/or any contract individual designated by the FBI with access to

Federal Bureau of Investigation 007300 - 8 Supplementary Provisions the FBI Facility, information, or property shall possess, as a minimum, Department of Defense, Defense Industrial Security Clearances (DISC) Facility Access Clearances at the "SECRET" level, or have received approval for unescorted access to FBI facilities.

2. To obtain a security clearance or unescorted access to FBI facilities, the following forms must be completed:

a. Standard Form 86 (SF 86), Questionnaire for National Security Positions.

b. FD-258, (2) Completed FBI Fingerprint Cards.

c. DOJ–555 Disclosure and Authorization Pertaining to Consumer

Reports Pursuant to the Fair Credit Reporting Act.

d. FD-979 Personnel Consent to Release Info.

(h) Facility Access Approval (All Other Personnel):

1. All subcontractors, all job supervisors; and all site workmen of the general contractor and its subcontractors will be required at a minimum to have "Facility Access" approval.

2. Facility Access Approval requires the following forms to be completed:

a. FD-816 Access of Non-FBI Personnel to FBI Facilities.

b. Authority To Release Information Form.

c. FD-484 Privacy Act Notification Statement.

d. FD-258, (2) Completed FBI Finger Print Cards.

(i) Individual Reporting Requirements to Maintain Clearances and Facility Access:

1. All personnel shall immediately report the following information to the FBI:

Foreign travel (30 days prior to departure); unplanned foreign travel (as soon as possible); contact with law enforcement (traffic violation under $100 shall not be reported); financial problems before they situation becomes unmanageable;

contact with foreign nationals.

2. Key Personnel shall also immediately report the following to the FBI: change in marital status; change in name; change in status of room/house mates (roommates shall be reported 30 days prior to move in, if stay will be longer than 30 days, and not an immediate family member); employment outside of the Contracting agency (outside employment shall be authorized by the Bureau 30 days prior to starting); suspicious contact from any individual(s) trying to

Federal Bureau of Investigation 007300 - 9 Supplementary Provisions obtain FBI information; any change in personnel relationship which may cause a safety concern to the individual or coworkers; court cases involving: divorce, bankruptcy, moving traffic violations (over $100), criminal arrests, civil proceedings, tax matters, and failure to honor legitimate debts.

(j) Contract Security Representative: The Contractor shall designate one of his staff as a

Contract Security Representative (CSR). The name of the CSR shall be submitted to the FBI within 5 calendar days of award of contract and the Contractor will insure that the so named individual shall not be removed from this position without written approval from the FBI. The CSR shall be the individual who will deal with the FBI on all security matters. For the purposes of this Project, all security matters will be handled through the FBI. All security clearances and access approvals for the Contractor, the subcontractors, and all employees of these firms, shall be handled through the FBI. Additionally, the CSR's responsibilities will include:

1. Provide to the FBI all required information to obtain Security Clearances and facility access approval for all Contractor employees requiring access to the facility.

2. Return all Government-issued property to the FBI.

3. The General Contractor’s (GC) Security Representative shall maintain a drawing log, to include (1) Set Number; (2) Subcontractor Company Name;

Subcontractor’s Point of Contact (person responsible for drawings), address, phone number and facsimile number, at a minimum. At the completion of the contract, the GC shall return all drawings, including all drawings that have been issued AFTER BID, such as bulletins, ASI’s, changes and etc.

4. The General Contractor and subcontractors should plan that the above described forms and information shall be completed and delivered to the FBI by the CSR at least thirty (30) working days prior to the arrival of any individual at the FBI facility where the Work is to be performed.

(k) Background Investigation: A background investigation, the scope of which will be at the discretion of the FBI, will be conducted on all Contractor personnel. At the discretion of the FBI, personnel may also be interviewed by the FBI regarding foreign travel, associates, residences, or other matters of concern to the FBI, in deciding whether to grant access to its facilities or property. Refusal or failure to accurately complete the forms, or to be interviewed to resolve any questionable matters, shall be deemed reasonable cause for denial of access to FBI facilities.

Federal Bureau of Investigation 007300 - 10 Supplementary Provisions

(l) Interim Security Clearances and Facility Access Approval: Will be issued within twenty (20) working days after receipt of necessary forms described in paragraphs (g) and (h) above. The FBI will advise the CSR when Security Clearances are approved.

1. Security clearances and facility access approval to FBI facilities shall be issued only to United States citizens.

2. No personnel shall be allowed on site until access is granted by the FBI.

3. Project Information: The contractor shall not allow access to project information prior to receiving notification of the favorable completion of the FBI investigation and clearance approval.

(m) Access to FBI Facilities: Access to FBI Facilities or property will be granted only after preliminary verification of the accuracy and completeness of submitted information shows no disqualifying factors.

1. Access to FBI facilities or property will be granted only where such access is clearly consistent with the mission and responsibilities of the FBI. If, for any reason, a contract individual is denied access to any FBI facility or property, the FBI will not disclose to the Contractor the reason for denial, nor will the FBI be liable for any expense in the replacement of the individual, or any costs incurred by the Contractor, as a result of such denial.

2. Decisions concerning granting of access to FBI facilities or property are made on a case-by-case basis. The Contractor is cautioned that individuals with criminal histories such as arrest records, felony convictions, misdemeanor convictions, or those addicted to, or abusive of, alcohol or chemicals, are likely to be denied access to the building or job-site. The exact nature, extent, and time passed since these incidents existed will influence all access decisions.

3. Be advised illegal or undocumented aliens may be referred to other cognizant law enforcement agencies for appropriate action.

4. Individuals initially permitted access may be excluded at a later date upon discovery of disqualifying factors resulting from detailed verification of submitted Security Information.

5. Falsification of the forms or violation of the facility security, safety, or code-of-conduct requirements will result in access to FBI Facility being denied.

Federal Bureau of Investigation 007300 - 11 Supplementary Provisions

6. Willfully making a false statement or concealing a material fact could constitute a violation of Section 1001, Title 18, United States Code.

7. The CSR shall notify the FBI of visitors and deliveries to the site at least 24 hours prior to their arrival.

(n) Escorts: No uncleared persons will be allowed temporary access to the FBI space, unless they area escorted by FBI Personnel; and, without first obtaining permission from the FBI Security Officer.

(o) Right to Revoke Access: The FBI reserves the right to revoke access to its facilities or property of any individual, where such access is no longer clearly consistent with the FBI's mission and responsibilities, and the Contractor agrees to immediately remove that individual from the job-site in such circumstances. In cases of access revocation, the FBI will inform the individual of the basis of the revocation, unless to do so would reveal classified or sensitive information, and give the individual an opportunity to explain, rebut, or refute such basis in writing. Access will remain revoked pending prompt review of any such submission by the individual.

1. The FBI shall have and exercise full and complete control over granting, denying, withholding, or terminating access for contract individuals.

(p) Reinvestigation: The FBI reserves the right to reinvestigate contract individuals on a periodic basis (every five years) or, where facts or information indicate that continued access may no longer be clearly consistent with the FBI's mission responsibilities.

1. Should the contractor receive information regarding an employee which may affect the access of that employee to an FBI facility, i.e., knowledge of arrests, felony conviction, misdemeanor conviction, use of or addiction to drugs and/or chemicals, abuse of alcohol, indebtedness, a change in or treatment of mental health, or any behavior, activities, or associations which tend to show that the individual is not reliable or trustworthy, etc.; the Contractor shall advise the FBI immediately.

(q) Access Badges: Appropriate badges will be furnished by the FBI authorizing escorted or unescorted access to the FBI facilities and property. The badge shall be worn at all times on the upper part of the body so as to be clearly visible; and will be returned by the CSR to the FBI whenever the individual is no longer employed on the project or leaves the site for more than 14 days.

(r) Claims: The Government shall not be liable for any costs incurred by the Contractor, Any subcontractor, or any contract employee, in the furnishing of required security

Federal Bureau of Investigation 007300 - 12 Supplementary Provisions information, or in complying with the FBI's security requirements during the entire term of the contract. The Contractor agrees that no claim may be filed for Delay of Work due to any contractor, his subcontractors, or any employees thereof, failing to with the FBI's security requirements.

1. The FBI reserves the right to exclude or remove from the facility any contract employee, that the FBI deems incompetent, careless, insubordinate, or who fails to meet and obey security requirements; or, whose access to the facility is deemed by the FBI to be contrary to the best interest of the FBI.

2. General Contractor cannot seek additional compensation if they are required to seek alternative subcontractor pricing due to subcontractor’s non-compliance of the security requirements and refusal by the FBI to allow the subcontractor access to the facility.

(s) Normal Working Hours: The FBI facility will be open to the contractor personnel between 7:00 a.m. and 5:00 p.m., Monday through Friday, excepting legal Federal holidays. Access will be denied at all other times.

(t) Overtime: Work on weekends or outside of Normal Working Hours will occur only when the FBI so approves. Requests for overtime and for access to the site outside of Normal Working Hours shall be made in writing to the FBI not less than 5 working days in advance of need.

(u) Photographs: No photographs shall be taken by other than FBI personnel. The

Contractor is hereby advised that no photographs shall be taken by the Contractor of the job site or work in progress. The Contractor shall ensure this clause is incorporated in any agreements reached with any subcontractor, consultants, agents, or representatives employed by the Contractor in contract performance or otherwise.

(v) Any person who knowing, willfully, of negligently discloses any FBI Information (to include but not limited to data, systems configurations, facilities, personnel, and procedures) to unauthorized persons without prior written FBI approval shall be subject to the appropriate penalties and sanctions under law ( i.e., Privacy Act, Computer Fraud and Abuse Act, National Security Act, or appropriate espionage statutes).

1.4 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984)

Delete existing paragraph in its entirety and substitute with the following to FAR Clause 52.211-10:

Federal Bureau of Investigation 007300 - 13 Supplementary Provisions

(a) Replace with: 30 calendar days.

(b) The Contractor shall be required to (a) commence Work under this Contract, (b) prosecute the Work diligently, and (c) complete the entire Work ready for use within the time specified for commencement and completion in Standard Form 1442.

1.5 RESERVED

1.6 52.211-13 TIME EXTENSION (SEP 2000)

Add the following paragraphs to FAR Clause 52.211-13:

(a) Any claim for extension of time based upon delays caused by abnormal weather shall be substantiated by the following:

1. Record of “Normal Weather Conditions” established from Historical Weather data determined from climatological data sheets obtained from (U.S.

Department of Commerce) National Weather Service Station of the National Weather Bureau for the locality closest to the project site over the most recent five (5) year period.

2. Weather data from the National Weather Service for time period cited in claim for extension.

3. Copy of the Contractor’s daily report for time period cited in claim for extension.

4. Copy of the progress schedule indicating critical major sequences of Work.

(b) Rain Days:

1. A basis for an extension of contract time will be when the aggregate number of rain days in a month exceeds the 20-year average for that month.

2. “Rain Day” shall be defined as when 50 percent of the crews working on critical path activity are unable to Work due to rain or other precipitation.

3. Extension of contract time will be the only remedy available to the Contractor due to a rain day condition. No other compensation shall be available.

(c) Work Week:

Federal Bureau of Investigation 007300 - 14 Supplementary Provisions

1. “Work Week” shall be defined as containing 7 days. However, in order to Work on weekends, Contractor shall submit to FBI written request for permission not less-than 48 hours in advance of the date expected to do the Work. Likewise, request for permission to Work holidays shall be submitted not-less-than two

(2) weeks in advance.

2. Note: From time-to-time the Government will shut down the site over the weekend, for security check. Permission for access to the site will not be given during such times, and Contractor shall plan accordingly.

1.7 52.228-5 INSURANCE -- WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

Add the following sentence to the end of existing paragraph (a) in FAR Clause 52.228-5:

The insurance shall include contractual liability insurance applicable to the Contractor's obligations under "Indemnification" in FAR Clause 52.236-7.

Add the following new paragraphs (d) and (e) to FAR Clause 52.228-5:

(d) The companies from which the Contractor proposes to purchase the insurance shall be acceptable to the Government. Evidence of required insurance shall be in the form of certified true copies of liability policies and manually countersigned endorsements of any changes thereto. Renewal policies shall be furnished not less than five days prior to the expiration of current policies. Each policy shall include the following provision:

1. "It is a condition of this policy that the company shall furnish written notice thirty (30) days in advance of the effective date of any reduction in or cancellation of this policy to:

Federal Bureau of Investigation Attn: Kaitlin B. Casey 1000 Cluster Hollow Rd., E-2 Clarksburg, West Virginia 26306

(e) Insurance Schedule: Following are the kinds and minimum amounts of insurance the

Contractor shall provide and maintain per the provisions of paragraph (a) of this Clause 52.228- 5:

1. Workmen's Compensation Insurance to cover full liability under workmen's compensation laws of the state in which the Project is located, with employer's liability coverage in limit not less than $100,000.

Federal Bureau of Investigation 007300 - 15 Supplementary Provisions

2. Comprehensive General Liability Insurance for hazards including but not limited to premises/operations, elevators, independent contractors, products and completed operations, and blanket contractual Liability. Such insurance shall be on an occurrence basis and shall include broad form property damage (including completed operations), coverage for explosion, collapse, and underground hazards; and personal injury liability insurance with exclusion (A) & (C) of the standard form policy deleted. The policy shall name "The United States of America", acting by and through the Federal Bureau of Investigation as additional insured in respect to operations performed under this Contract.

a. Limits:

Bodily injury liability

$1,000,000 each occurrence

Property damage liability $ 100,000 each occurrence

$ 300,000 aggregate

Personal injury liability $ 100,000 each occurrence

3. Comprehensive Automobile Liability Insurance insuring Contractor for the operation of all owned, non-owned and hired automobiles:

Bodily injury liability $500,000 each person $1,000,000 each occurrence

Property damage $100,000 each occurrence

4. Comprehensive Catastrophe Liability Insurance in excess of the limits set forth in (1), (2) and (3) of this paragraph. The policy or policies shall be for $1,000,000 combined single limit bodily injury and property damage.

5. Owner's Protective Liability Insurance:

Bodily injury liability $ 500,000 each occurrence

Property damage liability $ 500,000 each occurrence $ 500,000 aggregate

Federal Bureau of Investigation 007300 - 16 Supplementary Provisions

1.10 52.232-5 PAYMENTS UNDER FIXED PRICE CONSTRUCTION CONTRACTS (MAY

2014)

Add the following new paragraphs (k), (l), (m) and (n) to FAR Clause 52.232-5:

(k) Each request for progress payment, the Contractor shall furnish:

1. A copy of material invoices in excess of $5,000 being requested during the progress payment.

2. A copy of all subcontractor’s invoices in excess of $5,000.

3. Any backup documentation that the FBI requests for the progress payment, in order to make a determination of actual cost attributable to that period, for that portion of Work, for which payment is requested.

(l) Grounds for the temporary holding of funds by the FBI from the Contractor’s progress payment(s) shall include but not be limited to: Work not being executed in accordance with the contract documents, lack of proper product protection, improper or lack of, safety protection, lighting, clean-up, incomplete or noncompliance to the project administrative requirements. It is the intent that when the situation is corrected to the satisfaction of the FBI or his representative, the funds withheld shall be released with the next regular progress payment.

(m) The FBI shall not pay for on-site or off-site stored materials. Material shall only be paid for as the material is put in place/installed into the project and as the job progresses.

This payment will only be made as satisfactory job progress is being made.

(n) The FBI shall withhold a substantial amount of payment for Contractor's failure to provide Coordination Drawings on time for this project. This withholding shall be withheld until such time as the Coordination Drawings are submitted and approved.

1.11 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008)

Add the following new paragraph (e) to FAR Clause 52.232-27:

(e) In accordance with Public Law 100-496, the FBI is hereby advising the Contractor that the FBI will require an additional 30 calendar days for the processing of payment applications to allow for the inspection of Work, confirmation of material being stored on-site/off-site (if approved in advance by the FBI), and Contractor performance.

1.12 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

Federal Bureau of Investigation 007300 - 17 Supplementary Provisions

Add the following new subparagraphs to existing paragraph (a) in FAR Clause 52.236-5:

(a) 1. Products are generally specified by ASTM or other reference standard or by manufacturer's name and product model number or trade number. The last sentence of paragraph (a), beginning "The Contractor may", shall be understood as follows:

a. When specification is by reference standard only, the Contractor may select any product by any manufacturer meeting this standard.

b. When only one manufacturer's product is specified, such is the basis of the Contract without substitution or exception.

c. When one or more manufacturers' products are specified followed by the phrase "as approved", the Contractor may submit in writing for approval, a substitute product which the Contractor feels and will demonstrate meets standards of required function, dimension, appearance and quality set by the specified products.

2. Contractor shall absorb all costs for inclusion of the proposed and accepted substitution.

3. The quality or fitness of products and workmanship shall be based on the requirements that Work done and products furnished be consistent with the quality level established by the Contract Documents in every respect, and that decisions as to the acceptability of products or workmanship rests strictly with the FBI.

4. Refer to Section 016320 PRODUCTS AND SUBSTITUTIONS for additional provisions regarding substitutions.

1.13 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

Add the following new paragraphs (b), (c), (d) (e) and (f) to FAR Clause 52.236-6:

(b) The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract.

1. "Coordinating of all portions of the Work" shall include coordination of all trades to avoid interferences that will prevent the proper and substantial installation of the Work, and coordination of finished surfaces exposed to view so as to complete the artistic effect intended by the Architect.

Federal Bureau of Investigation 007300 - 18 Supplementary Provisions

(c) The Contractor shall be responsible to the Government for the acts and omissions of its employees, subcontractors and their agents and employees, and other persons performing any of the Work under a Contract with the Contractor. The Contractor shall not be relieved from its obligations to perform the Work in accordance with the Contract Documents either by the activities or duties of the FBI in the FBI's administration of the Contract, or by inspections, tests or approvals required or performed under FAR Clause 52.246-12 INSPECTION OF CONSTRUCTION, by persons other than the Contractor.

(d) Emergencies: In any emergency affecting the safety of persons or property, the Contractor shall act, at its discretion, to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency Work shall be determined as provided in FAR Clause 52.243-4 CHANGES.

(e) It is not the responsibility of the Contractor to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, unless the Contractor had or should have had knowledge of such errors, inconsistencies or omissions and negligently complies with such or fails to report such to the FBI. However, if the Contractor observes that portions of the Contract Documents are at variance with any applicable laws, statutes, ordinances, building codes, or rules or regulations, Contractor shall promptly notify the FBI in writing, and any necessary changes shall be accomplished by appropriate Change Order.

(f) The Contractor shall verify measurements, lines and levels of existing conditions of the Project site, and when indicated dimensions are not in agreement with field measurements, shall notify the FBI immediately in writing, requesting clarification.

1.14 52.236-8 OTHER CONTRACTS (APR 1984)

Add the following new paragraph (b) to FAR Clause 52.236-8:

(b) If any part of the Contractor's Work depends for proper execution or results upon the

Work of the Government or any separate contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the FBI any apparent discrepancies or defects in such other Work that render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acceptance of the Government's or separate contractor's work as fit and proper to receive its Work, except as to defects which may subsequently become apparent in such work by others.

1.15 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

Add the following new subparagraphs to existing paragraph (a) in FAR Clause 52.236-10:

Federal Bureau of Investigation 007300 - 19 Supplementary Provisions

(a) 1. Refer to TEMPORARY FACILITIES Section regarding storage of products.

2. Should the Work require Contractor's personnel to enter an area of the Government premises outside the Site, the Contractor shall first request approval of the activity in writing from the FBI.

3. All movement of personnel and construction activities outside of the Site will be under escort of Government-assigned personnel, unless otherwise directed by the FBI.

4. Refer to FAR Clause 52.204-2 SECURITY REQUIREMENTS for related provisions.

5. Trucks shall be covered at all times coming and going on the FBI and CJIS roadways. Any dirt or debris found on the roadways shall be cleaned up and removed at the Contractor's expense within one (1) hour written notice from the

FBI.

1.16 52.236-12 CLEANING UP (APR 1984)

Add the following new paragraph (b) to FAR Clause 52.236-12:

(b) Contractor cleaning shall be done on a daily basis to the satisfaction of the FBI. If, after 24 hours written notice from the FBI to comply with the Contract Documents, the Contractor fails to clean up, the Government may cause the clean-up to be completed with other sources and will charge the Contractor’s account all direct and indirect costs and damages incurred.

1.17 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

Delete existing paragraph (d) and substitute with the following new paragraph (d) in FAR Clause 52.236-21:

(d) Shop Drawings, Product Data and Samples:

1. Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or any subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. Where the term "Shop Drawings" appears in other paragraphs of this clause and elsewhere in the General Conditions, it shall be understood in general to mean and include Shop Drawings, Product Data and Samples as defined herein. The Government

Federal Bureau of Investigation 007300 - 20 Supplementary Provisions may duplicate, use, and disclose in any manner and for any purpose Shop Drawings and Product Data delivered under this Contract.

2. Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate a product or some portion of the Work.

3. Samples are physical examples, which illustrate products or workmanship and establish standards by which the Work will be judged.

4. The Contractor shall submit Shop Drawings, Product Data and Samples directly to the FBI, the provisions of the paragraphs (e), (f) and (g) of this Clause 52.236- 21 notwithstanding.

5. Refer to Section 013000 SUBMITTALS and its appendices for further provisions.

1.18 52.243-4 CHANGES (JUN 2007)

Add the following paragraphs to FAR Clause 52.243-4:

(g) When the FBI requests, in writing, the Contractor shall Work such additional overtime as is required to meet the directed accelerated job schedule. Additional overtime is governed by the following requirements:

1. Contractor shall submit a daily statement of each employee's name, trade, classification, hourly rate, and overtime hours worked. Overtime charges shall be substantiated by the Contracting Officer's signature. Such charges shall be submitted weekly to the FBI.

2. Daily statements shall be submitted in triplicate, including original statement.

FBI will only authorize pay for overtime plus applicable percentage factor for federal and state unemployment tax and federal insurance tax contributions.

Overhead and profit will not be allowed.

(h) Within 15 days after receipt of written request (change in the work bulletin), the

Contractor shall submit a proposal for Work involving contemplated changes. The Contractor's written statement of the monetary extent of a claim for equitable adjustment shall be submitted in the form of a lump sum proposal supported with an itemized breakdown of all increases and decreases in the Contract in at least the following detail:

Federal Bureau of Investigation 007300 - 21 Supplementary Provisions

(i) Direct Costs:

1. Material quantities by trades and unit costs. (Manufacturing burden associated with material fabrication performed off the job site will be considered to be part of the material costs of the fabricated item delivered to the job site).

2. Labor breakdown by trades and unit costs (identified with specific item of material to be placed or operation to be performed).

3. Construction equipment exclusively necessary for the change.

4. Costs of preparation and/or revision to Shop Drawings, Product Data or

Samples, resulting from the change.

5. Workmen's compensation and public liability insurance.

6. Employment taxes under FICA and FUTA.

7. Bond costs when size of change warrants revision.

(j) Overhead, Profit and Commission:

1. Items considered overhead are the services of the Contractor/Subcontractors and the

Contractor's/Subcontractor's, Senior Project Manager, Project Manager, Superintendent, Project Engineer, Contractor's Quality Control (CGC) person, Safety individual, secretaries, incidental job burdens, site office expenses, such as change order preparation, negotiations and administration, purchasing, estimating, inventory, phone, printing, postage, O&M data, office supplies, safety items, scheduling, tabs and charts, office computers and CADD time, additional cleanup, use of additional dumpsters, general office overhead allocation, the use of small tools and equipment whose individual value, when new is $500.00 or less, and any other item/services considered an overhead item by the Government Cost Accounting Standards. The percentages for overhead, profit and commission shall be negotiated and may vary according to the nature, extent and complexity of the Work involved, but in no case shall exceed the listed percentages in #4 below.

(k) On a change involving additions and deductions, the values for direct costs added and deducted shall be balanced against each other and overhead and profit shall be applied to the net result if the balance is an addition. The Contractor shall not be allowed Overhead and profit when the net charge is a credit. The Contractor shall provide the FBI a full credit for overhead and profit on deletions/deductions.

Federal Bureau of Investigation 007300 - 22 Supplementary Provisions

Overhead Profit Commission To Contractor on Work performed by other than Contractor's own forces

- - 5%

To first tier subcontractor on Work performed by first tier subcontractor's

- - 5%

To Contractor and/or the subcontractors for that portion of the Work performed with their respective forces

8% 5% -

(l) Not more than four percentages, not-to-exceed the maximum percentages shown above, will be allowed regardless of the number of tier subcontractors. The Contractor shall not be allowed a commission on the commission received by a first tier subcontractor. Equitable adjustments for deleted Work shall include credits for overhead and profit. On proposals concerning both increases and decreases in the amount of the Contract, the application of overhead and profits shall be on the net change in the direct cost for the Contractor or subcontractor performing the Work.

(m) The Contractor shall submit with the proposal Contractor's request for time extension

(if any), and shall include sufficient information and dates to demonstrate whether and to what extent the changes will delay the Contract in its entirety.

(n) In considering a proposal, the Government shall make check estimates in detail, utilizing unit prices where specified or agreed upon, with a view to arriving at an equitable adjustment.

(o) After receipt of a proposal, the FBI shall act thereon with 30 days; provided, however, that when the necessity to proceed with a change does not allow time properly to check a proposal or in the event of failure to reach an agreement on a proposal, the Government may order the Contractor to proceed on the basis of price to be determined at the earliest practicable date. Such price shall not be more than the increase or less than the decrease proposed.

(p) If a mutually acceptable agreement cannot be reached, the FBI may determine the price unilaterally.

Federal Bureau of Investigation 007300 - 23 Supplementary Provisions

(q) Contractor/subcontractor's shall use a standard format to be used by all contractors on this project for change proposals. All proposals shall be in detail and backed up by material invoices to show cost of the item(s).

(r) When the Contractor receives and RFI, and believes this RFI to be an increase or decrease to the Contract, the Contractor shall immediately within 48 hours of its receipt, notify the FBI of this fact. The Contractor has 15 calendar days after the RFI is received to provide a complete change proposal to the FBI.

(s) Equipment Rental Rates: The following shall be used as a basis for providing rates for equipment rental under this contract:

1. Equipment on the project less than 3 days, Contractor shall use a Daily Rate.

2. Equipment on the project for more than 3 days but less than 8 days, shall use a weekly rate.

3. Any equipment on the site more than 20 days shall use a monthly rate.

***In no event will Contractor use a hourly rate.***

Chart 1 - 3 days: Daily Rate 4 - 7 days: Weekly Rate over 20 days: Monthly

Rate

1.19 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

Add the following new paragraphs (l), (m), (n) and (o) to FAR Clause 52.246-21:

(l) If within the period of 12 months after final acceptance of all Work or beneficial use for which the Contractor is responsible, or 12 months after acceptance of the Project as a whole by the government, whichever occurs first, the Contractor or Government discovers any defect in such material, equipment or design, or workmanship, Contractor shall within 48 hours after such discovery or receipt of written notice from the Government, correct such defects to the satisfaction of the Government by repairing or replacing the defective Work within or at a time acceptable to the Government. All costs incidental to such corrective action, including, but not limited to, removal, disassembly, reinstallation, reconstruction, retesting and reinspection as may be necessary to correct the defect shall be paid by the Contractor. Contractor shall similarly warrant all such corrective Work for a period of 12 months following acceptance by the Government of the corrected Work.

Federal Bureau of Investigation 007300 - 24 Supplementary Provisions

(m) If required by the Contract Documents or the FBI, the Contractor shall furnish satisfactory evidence as to the kind, performance and quality of products provided.

(n) Satisfactory evidence as to kind, performance and quality of a product shall consist of a written statement of compliance with Contract Documents, submitted to the FBI before fabrication, delivery or installation is permitted. Statement shall be submitted on submitter's official stationary, signed by the submitter, notarized, and dated (date of submittal), and shall include name of Project, Government Contract number, Specification Section reference noting Section number and article or paragraph number address of statement requirement, referenced standard(s) and a listing of performance values, when such are specified. The statement of compliance shall be one or more of the following types as required.

1. From Contractor.

2. From manufacturer, dated no earlier than one year prior to submittal.

3. From manufacturer, dated date of submittal.

4. From independent testing laboratory, bureau or agency acceptable to the FBI.

Product referenced shall have been tested within one year of submittal and shall include a listing of tests made and their results.

(o) Special Warranties. Where special warranties are specified (for periods in excess of one year), submit to the FBI, prior to final payment, a warranty in triplicate in the form shown in Section

007300A APPENDIX A - WARRANTY.

1.20 ADDITIONAL PROVISIONS

A. Bonds:

1. Performance bond will be required in an amount equal to 100 percent of the total Contract amount.

2. Payment bond will be required in an amount equal to 100 percent of the total Contract amount.

3. The Contractor shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of his power of attorney.

a. Refer to Clause 52.228-2 ADDITIONAL BOND SECURITY for additional provisions concerning bonds.

B. Successors and Assigns:

Federal Bureau of Investigation 007300 - 25 Supplementary Provisions

1. The Government and the Contractor each binds itself, it's partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Contract Documents.

2. The provisions of Clause 52.232-23 ASSIGNMENT OF CLAIMS notwithstanding, neither party to the Contact shall assign the Contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any moneys due or to become due to it hereunder, without the previous written consent…