15F067-19-R0000004_Revision_1,_Amendment_0002_20DEC19Final.pdf

15F067-19-R0000004 0002 RMACC

Federal Bureau of Investigation

Request for Proposal 15F067-19-R0000004 For

Regional Multiple Award Construction Contracts (RMACC)

November 14, 2018

Revision 1, December 20, 2018

SECTION A SOLICITATION/CONTRACT FORM

See Attachment 1 Standard Form (SF) 1442 Solicitation, Offer, and Award (Construction, Alteration, or Repair)

SECTION B SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 INTRODUCTION

The Federal Bureau of Investigation (FBI) requires regional, multiple indefinite-delivery, indefinite-quantity (IDIQ) type contracts to provide construction services within the Continental United States (CONUS) and Outside the Continental United States (OCONUS).

The purpose of this solicitation is to award multiple IDIQ contracts for construction services nationwide within specified regions and/or pools. These IDIQ contracts will meet a majority of the FBI infrastructure needs for construction maintenance, repair, and renovation a projects within the 50 United States and its territories. These IDIQ contracts will provide prompt responses on an as-needed basis for routine and emergent requirements.

The Regional Multiple Award Construction Contracts (RMACC) will cover a wide range of construction and alteration services, including, but not limited to, real property repairs, maintenance, and general construction and demolition. The type of facilities include, but are not limited to, operations buildings, hangars, commercial buildings and their mechanical and electrical systems, site utilities, and roadways. Project delivery methods will include, but are not limited to, Design-Build, Design-Bid-Build, and Early Contractor Involvement (ECI).

The RMACC will consist of three (3) regions. Region 1 is for large and small businesses and will consist of construction projects throughout the continental United States (CONUS). Offerors shall bid on nationwide construction projects with an estimated value greater than $12,000,000.01.

Region 2 and Region 3 are 100% set-aside for small businesses with estimated construction project values of $150,000.00 to $12,000,000.00. Region 2 will support the Redstone Arsenal (RSA) region centered in Huntsville, AL and the National Capital Region (NCR), including but not limited to, the FBI Academy in Quantico, VA, FBI Headquarters in Washington, DC and the Criminal Justice Information Services (CJIS) Division in Clarksburg, WV. Offerors proposing under Region 2 may receive award for one Pool only; either Pool A or Pool B.

Region 3 will support all work outside of the continental United States (OCONUS).

Estimated construction project values under $12,000,000.00 at all other nationwide and territorial locations are reserved for small business pools only. Projects under $150,000.00 may use this vehicle if the Procuring Contracting Officer (PCO) determines that it is in the Governments best interest to use this MACC.

After a task/project has been identified by the FBI, a Task Order/Delivery Order (TO/DO) package, consisting of a Task Order Request for Proposal (TORFP), specifications and drawings, U.S. Department of Labor wage determination/rates, period of performance, and any other specific/pertinent information will be provided to contractors for proposal submissions.

B.2 CONTRACT TYPE

The contracts will be firm-fixed price (FFP) indefinite-delivery, indefinite-quantity (IDIQ) type contracts for construction services. All issued Task Orders will be FFP.

B.3 PERIOD OF PERFORMANCE

The period of performance for this contract will be a one (1) year base period with four (4) one-year option periods for a total of five (5) performance years.

B.4 FUNDS AVAILABILITY

Design and construction projects are subject to the availability of funds at the task order level.

The current capacity for the design and construction cost for the one (1) year base and four (4) option years is RMACC is $2,000,000,000. The total RMACC awards shall not exceed the anticipated capacity amount of $2,000,000,000. Offerors are notified that they are under no obligation to approach this ceiling.

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 INTRODUCTION

The Federal Bureau of Investigation (FBI) requires multiple indefinite-delivery, indefinite-quantity (IDIQ) type contracts to provide construction services within the Continental United States (CONUS) and Outside the Continental United States (OCONUS).

The objective of this procurement is to award multiple IDIQ contracts for construction services nationwide within specified regions and/or pools. These regional, IDIQ contracts will meet a majority of the FBI infrastructure needs for construction maintenance, repair, and renovation projects within the 50 United States and its territories. These regional contracts will provide prompt responses on an as-needed basis for routine and emergent requirements. The Regional Multiple Award Construction Contracts (RMACC) will consist of several indefinite-delivery indefinite-quantity (IDIQ) contracts supporting FBI construction projects at various locations in the continental United States (CONUS), United States territories, and outside the continental United States (OCONUS). It is anticipated that the preponderance of construction services will occur in Huntsville, AL.

C.2 SCOPE

The scope of work under the RMACC will cover a wide range of construction and alteration services including but not limited to: general construction, new construction, real property demolition and repairs, retrofit/renovation of complete building systems, site work, site utilities, and roadways. The type of real property includes but is not limited to operations buildings, hangars, ranges, commercial buildings and their mechanical and electrical systems, administrative offices, training centers, data centers, and firing ranges. Project delivery methods will include, but are not limited to, Design-Build, Design-Bid-Build, and Early Contractor Involvement (ECI).

C2.1 All Offerors must be able to provide all required personnel, facilities, equipment, and materials for multiple and concurrent task orders within the respective regions/pools across the United States, its territories and OCONUS. The awardees shall ensure that all activities performed by its personnel, subcontractors and suppliers are executed as required in compliance with all applicable environmental and safety laws and regulations and will meet all relevant, appropriate, and applicable standards. Specific requirements will be detailed in each task order general requirements, specifications, and drawings. The description of these requirements will vary for each acquisition dependent upon the needs of the requiring entity. Projects will include a variety of assignments involving Divisions throughout the FBI.

C2.2 Each resultant IDIQ contract will include one (1) base year and four (4) option years. The Procuring Contracting Officer for the resultant RMACC contracts will authorize the appropriate warranted/construction contracting authority. The minimum guarantee for each individual contract will be $5,000.00. The anticipated aggregate capacity for the RMACC is $2,000,000,000.00.

C.2.3 The FBI specifically reserves the right to compete for additional construction services for specific projects, either new facilities or the renovation of existing facilities in the 50 United States, or other foreign FBI facilities and other construction services which the FBI deems are in the best interest of the FBI, and at the sole discretion of the FBI.

C.3 RMACC REGIONS

The RMACC will consist of three (3) Regions with a minimum of three (3) contracts per region.

See Table 1 RMACC Regions.

C.3.1 REGION 1: Region 1 will consist of large and small businesses located throughout the Continental United States (CONUS) who will bid on projects with estimated values greater than $12,000,001, not including fit-out costs.

C.3.2 REGION 2: Region 2 is 100% set-aside for small businesses who will bid on projects either specific to Redstone Arsenal or the National Capital Region/Quantico/CJIS Clarksburg, W.Va. Projects will have an estimated construction value of $150,000.00 to $12,000,000, not including fit-out costs.

C.3.3 REGION 3: Region 3 is 100% set-aside for small businesses who will bid on OCONUS projects only. Projects have an estimated construction value of $150,000.00 to $12,000,000 not including fit-out costs. Work in Region 3 will also include work within US Embassies. Project delivery methods will include, but are not limited to, Design/Build, Design/Bid/Build, and Early Contractor Involvement (ECI).

TABLE 1 RMACC REGIONS

Region 1: Large and Small Businesses

• All areas within the CONUS

Region 2: Total Small Business Set-aside

Pool A: National Capital Region/Quantico/CJIS

Pool B: Redstone Arsenal

Region 3: Total Small Business Set-aside

• OCONUS only

A minimum of three (3) large and small businesses greater than $12,000,001

A minimum of three (3) small businesses per A and B Pools under $12,000,000

A minimum of three (3) small businesses $150,000 - $12,000,000

Total Projected Spend:

$1,500,000,000 Total Projected Spend: $450,000,000 Total Projected Spend: $50,000,000

C.4 RMACC ESTIMATED AVERAGES:

The anticipated aggregate capacity for the RMACC is $2,000,000,000 with an estimated average construction price range between $750,000 and $500,000,000. These contracts will meet the majority of the FBI infrastructure needs for projects for maintenance, repair, renovation, remodels, retrofit, construction and/or early contractor involvement with an estimated price magnitude between $750,000 and $75,000,000 not including fit-out costs. The average performance period is one (1) to three (1) years. The estimated average project size is between

3,000 SF to 400,000 SF and involve either new construction or renovations and additions, while maintaining on-going operations. These contracts are intended to provide prompt responses on an as-needed basis for routine and emergent requirements. The contracts offer a streamlined approach to construction contracting and ongoing competition between qualified contractors.

Projects under $150,000.00 may use this vehicle if the Procuring Contracting Officer (PCO) determines that it is in the Governments best interest to use this vehicle.

C.5 TWO-PHASE APPROACH:

All resultant contract awards are based on a two-phase approach.

C.5.1 PHASE I: Phase I is open to all Offerors who meet the minimum requirements stated in this RFP. Phase I proposals will be evaluated based upon the following three factors:

(i) Past Performance,

(ii) Management Approach, and

(iii) Security (Pass/Fail)

The Government will comply with FAR 36.104(a) regarding the use of the two-phase design-build selection procedures. Formal Source Selection procedures (FAR 36.3) will be employed as the method for Offeror selection for Phase I. Offerors will submit a separate proposal for each regional contract/pool should there be a desire to support multiple regions/pools. The terms and ordering procedures of each contract will be uniform among the contracts, in a manner to promote a standardized method of delivery.

C.5.2 PHASE II: Offerors successfully meeting all evaluation criteria under Phase I will be considered for further evaluation under Phase II; see Section L Instructions, Conditions, and Notices to Offerors and Section M Evaluation Factors for Award.

C.6 CONTRACT TERM

C.6.1 The contract is five (5) performance years, one (1) base year and four (4) options years.

However, at the sole discretion of the Contracting Officer, the Contractor may be required to complete all performance under awarded Task Orders during the final year of performance including the need, as necessary, to modify any previously existing Task Order for services deemed by the FBI Contracting Officer to be directly related to an existing Task Order’s successful completion. Under no conditions may an additional Task Order be issued to a construction contractor after the initial year of performance and all option periods of the contract have concluded.

C.6.2 Exercising of an option will depend on the continuing needs and requirements of the government and availability of funds.

C.7.2 The design and construction costs will be subject to the funds available for the individual Task Orders. The total contract award inclusive of both design and construction services for design build projects shall not exceed the ceiling amount identified within the Task Order for the base bid, and if applicable the adjusted ceiling amount if an option is included within the Task Order for the base bid plus the option. Offerors are notified that they are under no obligation to approach this ceiling. However the Government may not be able to and is under no obligation to make an award. If the dollar amount set for a design-build project is exceeded.

C.8 PUBLICATIONS

The Contractor shall comply with the following regulations and statues as mandated by local, state, and federal guidelines and laws.

C.8.1 ENVIRONMENTAL PROTECTION AGENCY (EPA) REGULATIONS

16 CFR 1303 Ban of Lead-Containing Paint and Certain Consumer Products Bearing Lead Containing Paint

40 CFR 61 National Emission Standards for Asbestos

40 CFR 112 Oil Pollution Prevention

40 CFR 136-143 Water Programs

40 CFR 204 Noise Emission Standards for Construction Equipment

40 CFR 260-279 Solid Waste Regulations

40 CFR 280-282 Underground Storage Tank Regulations

40 CFR 311-374 Worker Right-to-Know

40 CFR 761 Polychlorinated Biphenyls (PCB) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions

C.8.2 U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH

ADMINISTRATION (OSHA) REGULATIONS

29 CFR 1910 Worker Safety Requirements

29 CFR 1926.62 Lead

29 CFR 1926.1101 Asbestos

C.8.3 U. S. DEPARTMENT OF TRANSPORTATION REGULATIONS

49 CFR 100-199 Hazardous Materials Transportation, Handling, and Storage Regulations

C.8.4 STATUTES

Clean Air Act (CAA) (42 U.S.C. §§ 7401, et seq.)

Clean Water Act (33 U.S.C. §§ 1251, et seq.)

Safe Drinking Water Act (SDWA) (42 U.S.C. §§ 300f, et seq.)

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. §§ 9601, et seq.)

Emergency Planning and Right-to-Know Act (EPCRA) (42 U.S.C. §§ 11001, et seq.)

Endangered Species Act (ESA) (16 U.S.C. §§ 1531, et seq.)

Energy Independence and Security Act of 2007 (EISA) (42 U.S.C. §§ 17001, et seq.)

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. §§ 136, et seq.)

National Historic Preservation Act (NHPA) (54 U.S.C. §§ 300101, et seq.)

Noise Control Act (NCA) (42 U.S.C. §§ 4901, et seq.)

Pollution Prevention Act (PPA) (42 U.S.C. §§ 13101, et seq.)

Residential Lead-Based Paint Exposure Reduction Act (15 U.S.C. §§ 2681, et seq.)

Resource Conservation and Recovery Act (RCRA) (42 U.S.C. §§ 6901, et seq.)

Solid Waste Disposal Act (SWDA) (42 U.S.C. §§ 6901, et seq.)

Toxic Substance Control Act (TSCA) (15 U.S.C. §§ 2601, et seq.)

SECTION D PACKAGING AND MARKING

D.1 PACKAGING AND MARKING FOR REGIONS 1 AND 2

All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the Government. Preservation, packaging and packing shall be in accordance with standard practices for commercial packaging.

(a) Government personnel are not authorized to accept deliveries for the contractor, nor are they responsible for off-loading shipments. A contractor representative must be present to accept deliveries.

(b) Preservation, packaging, and marking for all items delivered hereunder shall be in accordance with commercial practice and adequate to ensure acceptance by common carrier and safe arrival at destination as noted in the SOW.

D.2 PACKAGING AND MARKING FOR REGION 3

Region 3 packaging and markings shall be accomplished in accordance with Attachment 4 Department of State Security Requirements for Overseas Work (Region 3 only), diplomatic security policies.

SECTION E INSPECTION AND ACCEPTANCE CONSTRUCTION

Clauses Incorporated by Reference

52.246-12 Inspection of Construction Aug 1996 52.246-13 Inspection--Dismantling, Demolition, or Removal of Aug 1996 Improvements

E.1 INSPECTION AND ACCEPTANCE

(a) Inspection of reports shall be conducted at destination by the COTR or his authorized designee. Inspection shall consist of an examination of the report for (1) compliance with the specifications or Statement of Work, (2) thoroughness with respect to generally acceptable professional standards.

(b) The COR shall provide the Contractor his written comments and recommendations on the content and quality of each progress report within thirty (30) calendar days after receipt of the deliverable item. A copy of the COR's comments shall be concurrently furnished to the Contracting Officer designated in the clause entitled "Contract Administration" in Section G.

(c) The COR shall provide the Contractor his written comments and recommendations on the content of the preliminary draft copy of the Final Report within thirty (30) calendar days after receipt of that deliverable item. A copy of the COR's comments shall be concurrently furnished to the Contracting Officer designated in the clause entitled "Contract Administration" in Section G. The COR's comments and recommendations shall be addressed in the Final Report.

(d) The COR shall review the Final Report and shall, within thirty (30) calendar days, notify the Contractor, in writing, with a concurrent copy to the Contracting Officer designated in Section G, of the acceptability of the Final Report. Should the Final Report be determined unacceptable, the COR shall notify the Contracting Officer within ten (10) calendar days after receipt thereof. In such event, the COR's inspection report shall address (1) the deficiencies noted and (2) recommendations for corrective action. Within ten (10) calendar days after receipt of the COR's inspection report, the Contracting Officer shall notify the Contractor.

Failure to so inspect and provide the required notification within the time frame set forth above shall not be construed as acceptance.

SECTION F DELIVERIES OR PERFORMANCE

F.1 PLACE OF PERFORMANCE

F.1.1 The principal places of performance for this contract shall be:

F.1.1.1 Region 1 will consist of large and small businesses. The majority of work shall be performed on the Redstone Arsenal, Huntsville AL area but with the requirement to be able to provide services to other areas within the Continental United States (CONUS).

F.1.1.2 Region 2 will consist of small businesses. Work shall be performed within the following Areas:

A. National Capital Region: Quantico, CJIS Clarksburg W.Va. and Washington, DC

B. Redstone Arsenal, Huntsville, AL

F.1.1.3 Region 3 will consist of Small Businesses. Work shall be performed Outside of the Continental United States (OCONUS).

F.2 The FBI reserves the right to request proposals (at the task order level) from each individual region to support operational or mission needs at locations not identified above but located within the 50 United States or its territories. The FBI specifically reserves the right to compete for additional construction services for specific projects, either new facilities or the renovation of existing facilities in the 50 United States, or other foreign FBI facilities and other construction services which the FBI deems are in the best interest of the FBI, and at the sole discretion of the

FBI.

SECTION G CONTRACT ADMINISTRATION DATA

G.2 CONTRACT ADMINISTRATION FUNCTIONS

G.2.1 CONTRACTING OFFICER (CO)

Pursuant to FAR Subpart 42.302, Contract Administration Functions, functions inherent to this contract will be performed by the duly assigned CO. The duly assigned CO is:

Laura Mabe Contracting Officer Facilities Acquisition Unit (FAU) 4940 Fowler Rd Redstone Arsenal, AL 35898

Written communications shall make reference to the contract number and shall be mailed to the above address unless otherwise instructed.

G.2.2 CONTRACTING OFFICER REPRESENTATIVE (COR)

The duly designated Contracting Officer Representative (COR) shall ensure all actions pertaining to this contract are requested via the Contracting Officer. Further, Contracting Officer functions performed shall be to the extent that they apply to the contract.

G.2.2.1 The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the Contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance;

and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment. The COR does not have the authority to alter the Contractor's obligations under the contract; and /or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes in writing. To be valid, technical direction:

(1) Must be issued in writing consistent with the general scope of work set forth in the contract;

(2) Shall not change the expressed terms, conditions, or specifications incorporated into this contract, and

(3) Shall not constitute a basis for extension to the contract delivery schedule or contract price.

G.2.2.2 The COR is authorized to:

(1) Act as liaison and to coordinate contractor/government activities;

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

(3) Provide technical guidance in the performance of the contract; and

(4) 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 Contracting Officer.

G.2.2.3 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 Contracting Officer shall issue such changes in writing and signed. The COR or any other technical representative of the Contracting Officer does not have the authority to issue technical direction which (1) institutes additional work outside the scope of the contract; (2) constitutes a change as defined in the changes clause; (3) causes an increase or decrease in the estimated cost of the contract; (4) alters the period of performance; or (5) changes any of the other express terms or conditions of the contract.

G.2.2.4 A copy of all written communications shall be concurrently mailed or otherwise furnished to the Contracting Officer at the address set forth in the clause entitled "Contract Administration" below.

G.3 POST-AWARD CONFERENCE

Each successful Offerors, who is awarded an IDIQ contract shall attend a Post-Award Conference convened by the contracting activity in accordance with Federal Acquisition Regulation Subpart 42.5. Information regarding the date, time, and location of the post-award conference will be provided to the awardee at the time of award of the contract.

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 DISCLOSURE OF DATA UNDER THE FREEDOM OF INFORMATION ACT

(FOIA)

If a request for information contained in a proposal is requested under the FOIA, the Government shall have the right to disclose any information or data contained in a proposal that results in a contract to the extent provided under the FOIA, notwithstanding any restrictive legends that may have been placed upon it in accordance with the provision at FAR 52.215-1, “Restriction on Disclosure and Use of Data” found in Section L of the Contract. The Government will, before disclosure, make an administrative determination on a case-by-case basis as to whether the information requested is exempt from disclosure by one of the established exceptions to the ACT. In making this determination the procedures outlined in 28 CFR, paragraph 16.7 shall be followed which, in part, affords the submitter of a proposal an opportunity to object to disclosure.

H.2 ORGANIZATIONAL CONFLICTS OF INTERESTS – GENERAL

(a) The Contractor warrants that, to the best of his knowledge and belief, and except as otherwise set forth in this contract, he does not have any organizational conflict of interest as defined in paragraph (b) below.

(b) The term “organizational conflict of interest” means a situation where a Contractor has interest, either due to its other activities or its relationship with other organizations, which place it in a position that may be unsatisfactory or unfavorable (1) from the Government’s standpoint in being able to secure impartial, technically sound, objective assistance and advise from the Contractor, or in securing the advantages of adequate competition in its procurement; or (2) from the industry’s standpoint in that unfair competitive advantages may accrue to the Contractor in question.

(c) The Contractor agrees that, if after award he discovers an organizational conflict of interest with respect to this contract, he shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. The Government may, however, terminate the contract for the convenience of the Government.

(d) In the event that the Contractor was aware of an organization conflict of interest prior to the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the Government may terminate the contract at no cost to the Government.

H.3 INSURANCE

The Contractor shall obtain and maintain at a minimum the insurance amounts identified in each Task Order and shall provide documentation to the FBI Task Order Contracting Officer within 15 calendar days of contract award. In addition, the Contractor shall provide documentation that it has obtained and maintains errors and omission insurance in accordance with customary industry practice. Should any subsequent change order arise that require an upward adjustment to the errors and omission insurance in accordance with industry practice, the Contractor is responsible for obtaining this increase in coverage and providing documentation to the FBI Contracting Officer that this adjustment has been made.

H.4 DESIGN-BUILD INSURANCE REQUIREMENTS

Within thirty (30) calendar days of contract award and prior to the start of work, the General Contractor shall obtain and furnish proof of Builder’s Risk Insurance and Contractor’s Professional Liability Insurance. These insurance policies shall cover all associated risks and professional design services up to and including any catastrophic failure due to design and or construction activities. The contractor shall obtain a policy at the Task Order level. Each Task Order shall establish a minimum amount required for the individual Task Order.

The companies from which the Contractor proposes to purchase the insurance shall be acceptable to the Government. Evidence of the 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:

“It is a condition of these policies 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 Facilities Contracts Unit Attn: TBD at the TO level 935 Pennsylvania Avenues NW Washington, DC 20535

H.5 SUBMISSION OF DOCUMENTS AND NOTES

The Contractor shall forward a copy of the documentation generated as a result of the individual Task Orders to the FBI Administrative Contracting Officer identified in each awarded Task Order. This information shall include but is not limited to the following: weekly, monthly and special reports; cost estimates; drawings; transmittal documents and their attachments; meeting minutes; 35%, 50%, 90% and final submissions, etc.

H.6 DOCUMENT HANDLING

The FBI's systems, drawings and/or specifications related to this effort are considered, while not classified, to be SENSITIVE to the FBI. These Documents have been released to the Contractor specifically with the understanding that only those employees who have been granted security access or if necessary clearances by the FBI and with a need-to-know shall have access to the Documents. The Contractor has been granted access to these Documents following a preliminary review by the FBI and the Contractor firm shall have the responsibility for overseeing access to these Documents among its employees to ensure that the Documents are maintained in a secure manor. As a minimum, these Documents shall be secured in locked file cabinets with established procedures for key control.

H.6.1 DOCUMENT HANDLING FOR REGION 3

For Region 3, drawings, specifications, and systems are classified and marked up to the Secret classification level. The Contractor shall handle all documentation and systems in accordance with the marked classification level.

H.7 DOCUMENT DUPLICATION

Under no circumstances shall the Contractor permit the duplication of documents or any portion thereof, for other than its own use as required by the contract without the prior written consent of the FBI Contracting Officer.

H.8 DOCUMENT CONTROL AND ACCESS

H.8.1 The Contractor shall only permit access of Documents to its employees on a need-to-know basis. Prior to permitting access to Documents by individuals or representatives of the Contractor or other consultants, a determination by a principal of the firm must be made that the individual or consultant has a legitimate and verified need to see the Documents in order to complete performance of this effort. The Contractor shall notify the FBI Security Officer in writing of this determination and request written approval for the employee, representative or other consultant from the FBI Security Officer.

H.8.2 The Contractor shall maintain a list of all Contractor employees and/or consultants that have access to these documents.

H.8.3 This list shall be returned to the FBI along with the Documents and/or Deliverables required by this effort upon completion of the contract.

H.9 DOCUMENT CONTROL INSPECTION

The FBI Contracting Officer or the Contracting Officer's Representative may, without any prior notification, inspect the Contractor’s place of business to ensure the above requirements for Document Control are being followed. If the FBI determines that the Contractor is not adhering to the Document Controls set forth above, the FBI reserves the right to remove the Documents and access list immediately. Further, the Contracting Officer may preclude the Contractor from further participation in this contract and may result in application of appropriate remedies up to and including default termination.

H.10 PROHIBITION ON USE OF WiFi AND INTERNET CONNECTIONS

Security requirements shall prohibit the Contractor and the designer of record (DOR) from incorporating into their designs the use of WiFi or hardwire internet connections for any building system or the operation of any building equipment without the written approval of the FBI

Contracting Officer. The use of these connections must be approved individually by the Contracting Officer after concurrence of the FBI’s Security Division and the Contracting Officer’s Representative.

H.11 PROHIBITION OF PERFORMANCE BY NON-U.S. CITIZENS

The Department of Justice, Federal Bureau of Investigation (FBI) will not permit the use of Non- U.S. Citizens in the performance of this contract or commitment for any position that involve access to or development of any FBI IT system. By signing the contract or commitment document, the contractor agrees to this restriction with respect to all employees utilized directly to perform duties on the contract. No Non-U.S. Citizens may be added to the contract without the express approval of the Department of Justice.

H.12 PROCUREMENT-SENSITIVE AND SENSITIVE INFORMATION NON-

DISCLOSURE AGREEMENT

During the performance of this contract, certain efforts may involve projects containing procurement-sensitive and/or FBI mission-sensitive information which will be available only to contractor personnel that have a need to know. Under such circumstances, the Contractor’s and subcontractor’s personnel shall complete a Non-Disclosure agreement between themselves, the firm and the FBI.

H.13 RELEASE OF INFORMATION

The Contractor is expressly prohibited from releasing to any third party, any information pertaining to-any individual which is protected by the Privacy Act of 1974. This includes, but is not limited to: social security number, home address, home telephone number, date of birth, personal information, and personal or disparaging remarks about the individual. See FAR 52.224- 2 entitled Privacy Act and 52.224-3 entitled Privacy Training.

To the extent the Contractor is given access to Law Enforcement Sensitive (LES) ES, Sensitive but Unclassified (SBU), sensitive, for official use only, or proprietary technical information belonging to the Government. The Contractor must treat such information as LES, SBU, sensitive or for official use only and must not use or discuss this information unless directed by the Contracting Officer or authorized in writing by the COR.

H.14 DESIGN ERRORS OR DEFICIENCIES, INSPECTION OF EXISTING WORK

The Contractor shall be responsible for the professional quality, technical accuracy, and coordination of all services required under this contract. As such, it shall be the responsibility of the Contractor to inspect the existing facility identified in any Task Order and inspect and investigate the “as built conditions” for the preparation of construction documents. When a modification to a construction contract is required because of an error, deficiency or oversight in the services provided by the Contractor or its subcontractors, consultants, agents or representatives under this contract, the FBI Contracting Officer shall consider the extent to which the Contractor may be liable. The FBI Contracting Officer shall reserve the right to enforce the liability and collect the amount due, if the recoverable cost will exceed the administrative cost involved, or it is otherwise in the Government’s best interest to do so.

H.15 REDESIGN RESPONSIBILITY FOR DESIGN ERROR OR DEFICIENCIES

Under this contract, the Contractor shall be required to make necessary correction at no cost to the FBI when the designs, drawings, specifications; or other items or services furnished contain errors, deficiencies, or inadequacies. The Contractor is required to maintain errors and omission insurance in accordance with industry practice for this type of contract. The Contractor shall supply certification for this insurance to the FBI Contracting Officer within 15 calendar days of contract award. See H-4 of this Section and Section J concerning general insurance requirements and notification requirements concerning insurance.

H.16 MISCELLANEOUS PROVISIONS

H.16.1 The Contractor shall remain responsible for the accuracy and correctness of all architectural and engineering concepts, cost estimates and details of work including the coordination of various architectural and other disciplines with each other.

H.16.2 All work shall be in accordance with applicable criteria, guides, international, national and local codes and shall be in accordance with the best architectural and engineering practices.

Workmanship shall be neat with all lines and lettering of uniform weight and clarity for complete legibility and satisfactory reproduction including half size documents.

H.17 ANNOUNCEMENT OF PROJECTS

The Contractor is expressly forbidden from notifying any outside party of any details concerning any project on which the Contractor is providing any service to the FBI as a result of this contract, without the expressed written approval of the FBI Contracting Officer. The Contractor shall ensure that this clause is incorporated in agreements reached with any subcontractors, consultants, agents, or representatives employed by the Contractor in contract performance or otherwise. This requirement is applicable to the posting of information for a project with the FBI on any website, proposal, etc.

H.18 CONFIDENTIALITY OF DATA

Duplication or disclosure of the data and other information to which the Contractor will have access as a result of this contract, is prohibited by Public Law. It is understood that throughout performance of the Contract, the Contractor will have access to confidential data which is the sole property of the FBI as well as access to proprietary data which is the sole property of other than the contracting parties. The Contractor hereby agrees to maintain in the confidentiality of all such data to which access may be gained throughout contract performance, whether title thereto vests in the FBI or otherwise. The Contractor hereby agrees not to disclose said data, any unauthorized parties whether real or artificial, in contravention of these provisions, without the prior written approval of the FBI Contracting Officer or the party in which title thereto is wholly vested. The Contractor shall ensure that this clause is incorporated in any agreements reached with any subcontractors, consultants, agents, or representatives employed by the Contractor in contract performance or otherwise.

H.19 DISCLOSURE OF DATA

All data produced, developed and/or delivered as a result of this contract, shall be the sole property of the FBI and shall be treated by the Contractor as official FBI documentation to be released by the FBI only. Duplication or disclosure of the data and other information produced by the Contractor hereunder is prohibited. Accordingly, the Contractor shall not disclose said data, any interpretations thereof, or data derivation there from, to third parties whether real or artificial in contravention of these provisions, without the prior written approval of the FBI Contracting Officer. The Contractor shall ensure that this clause is incorporated in any agreements reached with any subcontractors, consultants, agents, or representatives employed by the Contractor in contract performance or otherwise.

H.20 CONTRACTOR KEY PERSONNEL

H.20.1 The Contractor shall use only key personnel named or otherwise identified in its Technical Proposal for the period of time specified for required services. In the event that contractor key personnel named in the IDIQ Technical Proposal are unable to perform services due to death, illness, resignation or similar reasons, the Contractor shall immediately notify the Administrative Contracting Officer in writing of the inability of its key personnel to perform the required services. The Contractor shall promptly submit to the FBI Contracting Officer and COR, in writing, the name and qualifications of its proposed replacement. See paragraph H.21 Contractor Key Personnel Substitution.

H.20.2 The Contractor shall provide the selected replacement(s) within ten (10) calendar days unless otherwise extended by the FBI Contracting Officer. Following the location of an acceptable replacement, the Contractor shall assure that a minimum of five (5) eight (8) hour days are devoted to the supplying of project background information to the approved key personnel or subcontractor key personnel prior to the release of the key personnel or subcontractor key personnel from the project.

H.20.3 This action shall take place without any additional cost to the Government. Those individuals considered key personnel are those identified in the Contractor’s proposal submitted in response to this Master IDIQ Contract or subsequently Awarded Task Order.

H.20.4 KEY PERSONNEL AT THE TASK ORDER (TO) LEVEL: The Government will evaluate the Contractor’s key personnel proposed at the Task Order level. Requirements for replacing key personnel at the Task Order level will be identified at the Task Order level.

H.21 CONTRACTOR KEY PERSONNEL SUBSTITUTION

Contractor key personnel are personnel considered essential to successful contractor performance.

They include the PM and other personnel providing supervision of contractor personnel or critical technical oversight. The contractor shall not replace any personnel designated as Key Personnel without the written concurrence of the Government Contracting Officer. The Contractor shall notify the Administrative Contraction Officer no later than ten (10) calendar days in advance of any proposed substitution and shall include justification (including resume(s) and labor category of proposed substitution(s)) in sufficient detail to permit evaluation of the impact on either the Master IDIQ or the Awarded Task Order performance. The Contracting Officer will approve initial contactor Key Personnel at time of award. Replacement Key Personnel will be approved via approval of the Contracting Officer.

Prior to utilizing other than personnel specified in proposals in response to this contract, the contractor shall notify the FBI Contracting Officer and the COR. Substitute personnel qualifications shall be equal to, or greater than, those of the person(s) being substituted. If the FBI Contracting Officer and the COR determine that the proposed substitute personnel are unacceptable, or that the reduction of effort would be so substantial as to impair the successful performance of the work under the contract, the contractor will be subject to appropriate actions under the contract up to and including default termination.

H.22 REMOVAL OF CONTRACTOR KEY PERSONNEL

The Government, reserves the right to request the removal of the contractor’s key personnel, subcontractor’s key personnel, or subcontractor at any time during the life of the IDIQ contract.

The Contractor shall provide an acceptable replacement(s) within ten (10) calendar days unless otherwise extended by the FBI Contracting Officer.

H.23 CONTRACTOR SUBMITTAL REVIEW

Review of contractor submittals will be conducted at the TO level as specified below.

H.23.1 REPORTS, SCHEDULES, STUDIES, CONCEPTUAL DESIGN, AND DESIGN

DEVELOPMENT: The Contractor shall submit to the FBI at the point at which the above listed documents are considered to be 35% complete, 50% complete, and again at the 100% stage for final comment by the FBI. The FBI shall have a minimum (14) fourteen calendar-day period in which to provide comments to the Contractor during each of the review periods.

H.23.2 SCHEMATIC DESIGN AND CONSTRUCTION DOCUMENTS: The Contractor shall submit schematic design and construction documents to the FBI for review and comment at the following levels; 35%, 50%, 90% and final for comment. The FBI shall have a minimum

(14) fourteen calendar-day period in which to provide comments to the Contractor during each of the review periods, however, each review period by the FBI should not exceed (30) thirty calendar-days.

H.23.3 The Contractor shall furnish at least six copies (or as specified at the Task Order level) of all documents (Reports, Schedules, Studies, Conceptual Design, Design Development and Construction Documents) to the FBI for review and comment; see H23 Contractor Submittal Review.

H.24 PROMPT PAYMENT

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, services and adequacy of Contractor performance under the contract.

H.25 RECOVERED MATERIALS

The Contractor is responsible for review and recommending to the FBI and incorporation into project construction design specifications, if applicable, recovered material specifications as identified in 40 CFR Part 247 and those items for which the EPA has provided purchasing recommendations in related Recovered Materials Advisory Notice. Examples of this would be the use of Fly Ash as a recovered material for use with concrete and the use of recovered paper in hydro seeding.

H.26 ENERGY CONSERVATION

Where appropriate the Contractor shall consider and make recommendations to the FBI for energy conservation, pollution prevention, and waste reduction to the maximum extent practicable in the development of construction design specifications.

H.27 GREEN BUILDINGS

The Contractor shall, in accordance with the Executive Order number 13423, create designs, and perform related services in a manner that supports the FBI mission by obtaining a Leadership in Energy and Environmental Design for New Construction (LEED-NC) Silver Certification.

H.28 DESIGN LIFE EXPECTANCY

FBI buildings exist for a long time. Therefore they need to age well. Unless otherwise indicated within the Program of Requirements all new FBI buildings are to be designed for a minimum 50 year life. They should be designed to a level of quality and durability that will endure many decades. Since most FBI buildings remain under the same ownership for their lifetime, expansion potential is an important concern in site, building and systems design.

H.29 BETTERMENTS

The minimum requirements of the contract are identified in the Request for Proposal and the associated Program of Requirements. All betterments offered in the accepted proposal (Task Order Award) become a requirement of the awarded contract/Task Order. “Betterment” is defined as any component or system in the accepted proposal which exceeds the minimum requirements stated in the Request for Proposal.

This includes all betterments identified in the accepted proposal. It also includes all Government identified betterments in the accepted proposal, whether or not the Government specifically identifies such betterments in a “List of Accepted Project Betterments,” to be produced by the

Offeror as a part of their proposal made part of the contract award by alteration. It also includes any other betterments in the accepted proposal that might be identified after award.

H.30 DESIGN-BUILD CONTRACT – ORDER OF PRECEDENCE

The contract includes the standard contract clauses and schedules current at the time of contract award. It entails (1) the Contract in its entirety, including all drawings, cuts, illustrations, and any amendments, and (2) the successful Offeror’s accepted proposal for any Awarded Task Order. The contract constitutes and defines the entire agreement between the Contractor and the Government.

No documentation shall be omitted which in any way bears upon the terms of that agreement. In the event of conflict or inconsistency between any of the provisions of this contract, precedence shall be given in the following order:

(1) Betterments: Any portions of the accepted proposal which both conform to and exceed the provisions of this Contract.

(2) The provisions of the Contracts. (See also contract clause 52.236-21, Specifications and Drawings for Construction.)

(3) All other provisions of the accepted proposals.

(4) Any design products including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are “deliverables” under the contract and are not part of the contract itself. Design products must conform to all provisions of the contract, in the order of precedence herein.

H.31 RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN

(a) The contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other on-construction services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiency in its designs, drawings, specifications, and other non-construction services and perform any necessary rework or modifications, including any damage to real or personal property, resulting from the design error or omission.

(b) The standard of care for all design services performed under this agreement shall be the care and skill ordinarily used by members of the architectural or engineering professions practicing under similar conditions at the same time and locality. Notwithstanding the above, in the event that the contract specifies that portions of the Work be performed in accordance with a performance standard, the design services shall be performed so as to achieve such standards.

(c) Neither the Government’s review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of any of these services furnished under this contract.

(d) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

(e) If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder

H.32 WARRANTY OF DESIGN (FIRM-FIXED PRICE DESIGN–BUILD CONTRACT)

(a) The Contractor warrants that the design shall be performed in accordance with the Contract requirements. Design and design related construction not conforming to the Contract requirements shall be corrected at no additional cost to the government. The standard of care for design is defined in paragraph (b) of Special Contract Requirement RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN. See H.33 above.

(b) The period of this…