Amendment 2 binder.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

PCBA

Heidi Schneider, Contracting Officer

Period of performance completion date is revised to December 15, 2020.

Please see attached changes.

PCBA

PCBA

W 6TH & KIPLING ST

LAKEWOOD, CO 80225-0546

PCBA

W 6TH & KIPLING ST

LAKEWOOD, CO 80225-0546

EQPCBA-20-0021

47PA0320R0024

2/11/2020

12/16/2019

Printed on 2/11/2020 Page 1 of 6

GENERAL SERVICES ADMINISTRATION

Special Programs Divisions

Building 41, Denver Federal Center Denver, Colorado 80225

RFI Log - Solicitation

Project: USSS Building 185 Renovation Location: Brooklyn, NY

RFI # RFI Question Response By RFI Response

Reference is made to the PANYNJ manual where it states the requirements of the TCAP process. Does the schedule need to reflect review periods by the A/E and PANYNJ Tennant coordinator? DA

Yes. Bidders are advised to obtain a copy of the TCAP for their reference in preparing their bid. An electronic copy is available at https://www.panynj.gov/port-authority/en/business-opportunities/tenant-construction-and-alteration-process.html

Reference is made to the PANYNJ manual where it states the requirements of special inspections. Is it the responsibility of the A/EOR to provide these inspections as they are signing off on them? DA/GSA

A/EOR does not perform special inspections. A/EOR identifies the required inspection to be performed by a qualified inspector. Refer to TCAP for any PA special inspections, if required for project contractor to include in schedule and cost in proposal.

It is the understanding that the Department of Buildings has no jurisdiction on this facility as it’s owned by the PANYNJ, please confirm. DA

PANYNJ and GSA are self permitting agencies. NYCDOB does not have jurisdiction, however all work shall conform to NYC Building Codes.

4 Is the contractor responsible for filing any permits? DA Refer to TCAP Manual. Also see RFI 3.

Reference is made to GSA SOW section 9.3 where it states that the contractor working hours shall be established to occur during Government Unoccupied hours, please clarify. GSA 7:00am -3:30pm Monday thru Friday

Reference is made to contract documents drawing HZ-1 general asbestos note 1, please provide a copy of the ACM and lead based paint inspection report dated March 21, 2019. DA Environmental inspection report is located in Appendix B of Volume 1 of the project specification.

Reference is made to general requirements section 011400 where it states the government’s right to partially occupy the work area prior to substantial completion. Is the intent of the contract to partially obtain substation completion as these areas are completed? Will punch list be generated as these phases get completed? Will warranty period official start? GSA

It is not the intent to include partial substantial completion. Entire project will need to be substantially completed prior to punch list being completed. Warranty will start after entire project has been substantially completed and accepted by the government.

Reference is made to general requirements section 011400 where it states that space on the premises will be made available for the contractor’s storage and related activities.

Please provide dimensions of staying yard to be provided and any requirements concerning security (fencing/lighting etc.). Will parking be allow in this area? GSA

GC will have pad lock access to outside area for storage and parking but should indicate if they need all of the space or a portion of the space. Some limited storage is available inside except during the month of September

Reference is made to GSA SOW and USSS Brooklyn Agreement document where it states that the project needs to be completed and ready for operations no later than 8/31/20. Is the intent of the project to follow this milestone and include (if necessary) accelerations cost to achieve this milestone? GSA The completion date is extended to December 15, 2020.

10 Will NYCDOT permits be required for work requiring access to existing sidewalks? GSA Offerors shall verify with NYCDOT.

Drawing sheet HZ-1 references “TAR AT CORRUGATED SIDING AND FOUNDATION INTERFACE” and “GREY/WHITE AT CORRUGATED SIDING AND FOUNDATION INTERFACE” calling out two locations on the plan. Is the asbestos material limited to the two areas shown or typical of all alike areas? Please provide further detail on HZ1 and HZ2 types of asbestos containing material. BES

The ACM indicated is limited to the locations identified on the drawing HZ-1. Photos of that materials are available in the asbestos/lead inspection report. Quantities are approximate but reasonably so.

There is no ACM on drawing HZ-2 (Lead-based Paint). The description of the materials, both on the drawing and in the inspection report, seems clear and sufficient for bidding purposes.

Printed on 2/11/2020 Page 2 of 6

Special Programs Divisions

Building 41, Denver Federal Center Denver, Colorado 80225

RFI Log - Solicitation

Project: USSS Building 185 Renovation Location: Brooklyn, NY

RFI # RFI Question Response By RFI Response

In locations where lead paint has been identified and the work will cause no disturbance, can the existing conditions be maintained? GSA/BES

There is no regulatory requirement that existing lead based paint, intact and in good condition should be removed. Determining the longevity, endurance, or the ability to maintain existing conditions is beyond our scope. Typically as long as the substrate remains undamaged and paint remains intact and in good condition new coats of paint can be applied.

SECTION 099100 – PAINTING does not lay out the requirements for aluminum. Please provide specifications for materials and approved manufacturers. DA Refer to the attached updated specifications.

Drawings do not make it clear whether the existing LED pendant lights hung around the building are being removed or retained, please clarify. DA

Remove all existing interior and exterior lighting and replace with new LED lighting. No existing lighting fixtures are to be reused.

Bid option 1 to retain and clad over the existing panels will add significant weight to the structure, has an engineering study been conducted to determine the load bearing capacity of the existing structure? If so, how much additional load can the structure handle safely? DA/Silman Refer to the attached updated details.

Bid option 3 to replace the roof panels will require increased logistical planning due to the large size and weight of the panels. Access from multiple sides of the building, parking coordination, and pedestrian traffic control will need to be accounted for. What are the requirements for sidewalk bridging and shedding? DA Contractor shall follow requirements of NYC AHJ including NYCDOT and TCAP requirements.

To install the new siding or make patches and repairs, access to the side of the building will need to be maintained for man lifts and scissor lifts. A temporary fence would be the easiest means of ensuring access. What are the requirements for temporary fencing? DA

This is the contractor's means and methods of construction. A proposed temporary fence shall comply with NYC DOB, DOT requirements and PANYNJ TCAP.

18 What is the maximum allowable time for a utility outage? GSA

As long as the alarm and roll up doors are functional and a few lights for safety, there is no maximum time limit. If those services need to be interrupted then power needs to be applied to those services by the end of each work day.

Note 1 Special Inspections S-001 states that the Owner shall provide a testing agency for Subgrade inspections, Subsurface Conditions, and structural stability. Please provide the name of the testing agency? GSA The government shall perform these inspections/testing.

Printed on 2/11/2020 Page 3 of 6

Special Programs Divisions

Building 41, Denver Federal Center Denver, Colorado 80225

RFI Log - Solicitation

Project: USSS Building 185 Renovation Location: Brooklyn, NY

RFI # RFI Question Response By RFI Response

The following specification sections require Professional Engineering Services from the Contractor:

a. Specification Section 105613.2.1.A. - Delegated-Design Submittal: For louvers indicated to comply with structural performance requirements and design criteria, including analysis data signed and sealed by the qualified Professional Engineer responsible for their preparation.

b. Specification section 230500.3.4.F - This trade shall prepare shop drawings for submission to the utility company, sealed by a licensed professional engineer other than the engineer of record, and shall bear all expenses for such submissions.

c. Specification Section 260573-1.4.B - Coordination-Study Specialist Qualifications: An entity experienced in the application of computer software used for studies, having performed successful studies of similar magnitude on electrical distribution systems using similar devices.

i. Professional engineer, licensed in the state where Project is located, shall be responsible for the study. All elements of the study shall be performed under the direct supervision and control of engineer.

Please Confirm all of these sections are intended to be delegated designs and have not been designed by the EOR in the bid documents. Cosentini

A. Section 105613.2.1.A pertains to the shelving units. Shelving units are delegated design.

B & C. the items are delegated design and have not been designed by EOR in the bid documents.

Roofing repair quantities are not quantified on the drawings, please provide a drawing showing the quantities or a permissible allowable percentage. DA

Base bid requires 100% of the roof to receive the waterproof application. Refer to the attached clarification of anticipated quantity of roof repair.

Please Confirm all of these sections are intended to be delegated designs and have not been designed by the EOR in the bid documents. DA See RFI 21.

Please can you advise will be a teaming agreement be allowed for the above referenced solicitation? GSA

Yes, teaming agreements are allowed. All firms in the teaming agreement must have a bona fide office serviced from the New York or New Jersey District Offices of the Small Business Administration.

The Solicitation page #47 VI.F Non-Price Factors states provide 1. Experience on Comparable or Similar Projects, all the projects listed under this factor should it meet the minimum $3,000,000 magnitude criteria. In addition, should all the projects be performed in a ‘High’ secure area. How important is it to meet this requirement. Kindly Clarify. GSA

The Evaluations Factors listed in descending order of importance are:

• Experience on Comparable or Similar Projects

• Past Performance of Offeror and Key Trade Areas

• Understanding Requirements/Management Approach

The ACM on the perimeter was said to be 25 linear feet but physically it about 65linear feet,can you clarify this? BES Refer to attached specifications and details.

It looks like all the perimeter has tar and vermiculites, can you confirm if all has to be abated or just marked area on the drawings? BES/GSA

The ACM indicated is limited to the locations identified on the drawing HZ-1. Photos of that materials are available in the asbestos/lead inspection report. Quantities are approximate but reasonably so.

There is no ACM on drawing HZ-2 (Lead-based Paint). The description of the materials, both on the drawing and in the inspection report, seems clear and sufficient for bidding purposes.

Printed on 2/11/2020 Page 4 of 6

Special Programs Divisions

Building 41, Denver Federal Center Denver, Colorado 80225

RFI Log - Solicitation

Project: USSS Building 185 Renovation Location: Brooklyn, NY

RFI # RFI Question Response By RFI Response

With a March 2020 award, the August 31st, 2020 completion date would not be attainable.

Will a revised completion date be provided? GSA The completion date is extended to December 15, 2020.

28 Who do we consult for sidewalk shutdown NYC or Port Authority? DA Contact NYC for all public ways: King Street & Conover Street. Port Authority for site street: Ferris.

GSA for the parking area.

(Contractor) noted that the overhead powerlines will need to be covered by the utility company due to their proximity to the building. They will have to be covered during all exterior panel and roofing work on the King Street side of the building. Will GSA handle this or would they like the GC to handle this portion? DA Contractor shall coordinate with all public utilities.

Option #1: Details 1/302 and 4/303 present a variety of problems:

1. The specified 2.5” IMP weighs roughly 4psf and should not be installed as shown. There is not adequate vertical support of the panels and the aluminum light gage wall panels are “spongy”. We are concerned the current detail will not permit for a uniform install and the fasteners will fatigue and fail. At the very least a solid base condition is needed to support the vertical weight of the panels. Please review and advise. Note: we believe this option should be abandoned.

2. Base bid calls for a new gutters on building. By building walls out 4” there will not be enough roof overhang to support new gutter. In addition, Detail 1/302 shows a gravel stop and no gutter. Please clarify scope and provide detail if gutter is to be included. DA Refer to attached revised details.

Option #2:

1. Base Detail 1/303 can support new wall panels. Please spec base channel size, gage, material and anchorage.

2. Eave Detail 1/303 only depicts new roof. What is the detail if Option #3 is not selected?

Please consider edge of roof/gutter concerns listed in item #2 above. DA Refer to attached revised details.

Option #3:

1. Detail 1/303 eave does not show needed additional structure at edge of roof. In addition, no gutter is shown while gutters are shown on elevations. Please provide eave detail with added structure and clarify gutter requirements.

2. The specified roof panel is quite heavy at 6-7 psf. Please confirm the structure has been analized and has been deemed adequate to accept the additional dead load.

3. There is no information on the skylight replacement yet they are depicted on the elevations. Any new skylight will require framing, curbs, safety grills etc. Please indicate if any skylights are to be included and if so, identify type, size, location, details and structure. DA Refer to attached revised details.

The endwall details are not detailed anywhere. It appear the existing roof sheets terminate at inside face of wall (on Building Line). There is a simple “L” trim at roof to wall. This is inadequate and should be improved regardless of which exterior skin is selected. Please conside a proper rake trim with some expansion and contraction ability. Kindly review and advise for all options. DA Refer to attached revised details.

Printed on 2/11/2020 Page 5 of 6

Special Programs Divisions

Building 41, Denver Federal Center Denver, Colorado 80225

RFI Log - Solicitation

Project: USSS Building 185 Renovation Location: Brooklyn, NY

RFI # RFI Question Response By RFI Response

The building is vey close to the river and perhaps should be considered “Coastal”. If so elected, this would affect wind load, exposure and paint finish on all exterior components.

Our products would need to be Flour IV finished to achieve any warranty. Kindly review and advise. DA/RSA Refer to attached revised details.

As a voluntary Alternate for Option 3, We would recommend a Butler Metal Over Metal (MOM) solution. This would involve the following in lieu of specified:

a. Remove all existing edge of roof overhangs, gutters and ridge detail.

b. Connect new substructure through existing roof panels into existing structure.

c. Set new roof sub-purlins/hat channels longitudinally (atop existing purlins)

d. Install new 6” batt insulation with vapor barrier in cavity between new sub-purlins.

e. Install new 3” unfaced batt insulation cross ways over sub-purlins

f. Install new Butler MR-24 ALZN roof and all corresponding edge of roof, gutter, gable trim, ridge details

g. Close off gap at top of wall for base bid or extend new walls to new roof elevation (approximately 8” above existing)

h. Install Butler SunLite Strips if so desired, triple glazed polycarbonate curbless units providing diffused daylighting. Security grills included. GSA/DA Offerors must comply with the solicitation and specifications.

Drawing AE-102 has a note "FIBERGLASS BATT INSUL. W/ VAPOR BARRIER @

ENTIRE

INT. SURFACE OF THE EXTERIOR WALLS" will this be required for bid options 1 and 2 even if we use insulated, water-tight panels? Can the requirement be waived if the new panels provide a vapor barrier and meet the total required R-value for insulation? DA

AE-102 is for base bid patching and repair of existing exterior wall system only. As indicated on Bid Option details, insulation & vapor barrier is replaced by insulated metal panel wall system.

37 What is the required R-value of the complete exterior wall assembly? DA Refer to attached revised details.

Exterior painting- Under the base contract for patches and repairs is the entire exterior to be painted or just patched and repaired areas? DA Refer to attached revised details.

If installing new pre-painted panels will they need to be repainted with a paint from the approved list or will the manufacturers coat be acceptable as is? DA

Factory finished panels shall not be painted. The manufacturer's base finish system conforming to the metal panel specification is acceptable.

On Drawing AE-604 for Door 190-2, there is a reference drawing AE-605 mentioned in the comments column? However, there is no AE-605 in the drawing set. Please provide DWG AE-605. DA Note has been revised to reference drawing AE-604

Printed on 2/11/2020 Page 6 of 6

Special Programs Divisions

Building 41, Denver Federal Center Denver, Colorado 80225

RFI Log - Solicitation

Project: USSS Building 185 Renovation Location: Brooklyn, NY

RFI # RFI Question Response By RFI Response

On Drawing AE-604 for Door 190-2, there is a reference drawing AE-605 mentioned in the comments column? However, there is no AE-605 in the drawing set. Please provide DWG AE-605. DA Note has been revised to reference drawing AE-604

On the King St side of Building 185, the utility lines are within 20 ft of the building.

Typically stand off distance for a utility line is 10 ft even when the line is disconnected or not in service. This could lead to an issue using a crane to put the cladding on the wall on this side.

a. Is the Government willing to consider longer outages as the work is complete on this side?

b. Did the Engineer have a method of protection in mind when the project was designed GSA

A. - See RFI 18.

B. Protection for utility lines is part of the contractor's means and methods of construction.

Due to the proximity of the site to marine brackish conditions, in order to warranty any installations, the exterior sections should be painted with a marine rated painting. 099100 doesn’t cover any marine coating. Please clarify if the Government expects to receive marine coatings. DA/RSA Refer to attached revised details.

Reference is made to the document titled Attachment #5 – Original USSS SOW Item 2.4 Electrical Options. Will this be another option to exclude from base contract? GSA

As the attachment states, this is for informational purposes only. It was included to show the design intent.

Reference is made to Division 05, Section 055000 Metal Fabrications. Please note that this section is missing from the specifications and provide if required. DA Specification section 055000 will be sent digitally and will be issued with Addendum 1

Offeror Representations and Certifications

1. Annual Representations and Certifications (Jan 2020)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $39.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) (1)If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2)If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i)□ Paragraph (d) applies.

(ii)□ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A)If the acquisition value is less than $25,000, the basic provision applies.

(B)If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C)If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D)If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan- Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation.

This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

__ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

__ (vii) 52.227-6, Royalty Information.

____ (A) Basic.

____ (B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201);

except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

2. FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

(a) Definition. As used in this provision –

“Commercial and Government Entity (CAGE) code” means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via–

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity’s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204- 17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of provision)

3. FAR 52.209-7 Information Regarding Responsibility Matters. (OCT 2018)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror has does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed viahttps://www.sam.gov (see 52.204-7).

(End of provision)

4. FAR 52.209-13 Violation of Arms Control Treaties or Agreements-Certification (JUN 2018)

(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

____ (1) The Offeror certifies that–

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the Internet at https://www.state.gov/t/avc/rls/rpt/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the Internet at https://www.state.gov/t/avc/rls/rpt/; or

____ (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless—

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has

(i) Waived application under 22 U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C. 2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

(End of provision)

5. FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (DEC 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services- Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered (include brand;

model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

< Back to List

3490.3 PBS Security for Sensitive Building Information Related to Federal Buildings, Grounds, or Property

Posted Date: 10/16/2019 Status: Validated Outdated on: 10/16/2026

GENERAL SERVICES ADMINISTRATION

Washington, DC 20405

PBS 3490.3

October 16, 2019

GSA ORDER

SUBJECT: Security for Sensitive Building Information Related to Federal Buildings, Grounds, or Property [PDF - 282 KB]

1. Purpose. This Order describes the Public Buildings Service (PBS) policy to protect information related to Federal buildings, grounds, and property under the jurisdiction, custody, or control of the U.S.

General Services Administration (GSA), including those properties delegated to other Federal agencies by the Administrator of General Services. For the purposes of this Order, all such buildings, grounds, and property are collectively referred to as “GSA-controlled space”. Within the Controlled Unclassified Information (CUI) Program, this information is categorized as Physical Security information. Physical Security information is a category of CUI. This policy authorizes safeguarding and dissemination controls, established by the CUI Program, to be applied to Physical Security information. Not all building information for these buildings is automatically considered CUI. Only specific applicable information that qualifies and is marked as CUI needs to be controlled and protected in accordance with 32 C.F.R.

part 2002. GSA will use CUI terminology and markings on all applicable building information in all formats, as described in greater detail in Appendix B. Building information marked as Sensitive But Unclassified (SBU) in accordance with previous versions of this policy (PBS 3490.2 series) must be protected and handled as CUI in accordance with 32 C.F.R. part 2002. Information that was marked as SBU does not need to be re-marked with CUI markings while it remains in the possession of an authorized holder; however, upon transfer or reuse (in derivative form) the information must be marked or identified as CUI in accordance with 32 C.F.R. part 2002. All holders of this information must align protective measures to the standards of this Order and the CUI Program in 32 C.F.R. part 2002. Building occupancy data does not meet the definition of sensitive building information and is not covered by this Order.

2. Background.

a. GSA has been marking and managing SBU building information and has issued several updates to the policy relating to such information since the bombing of the Alfred Murrah Federal Building in 1995.

b. Executive Order 13556, signed on November 4, 2010, established a program for managing CUI, with the National Archives and Records Administration (NARA) serving as the executive agent. This executive order emphasizes the importance of “the openness and uniformity of Government-wide practice.” GSA has been working with NARA to develop CUI standards and best practices. NARA published its CUI implementing regulation at 32 C.F.R. part 2002 on September 14, 2016.