47PA0325R0001 AE IDIQ (SB Set Aside) SOW (20240402).pdf

GSA, PBS, SPECIAL PROGRAMS DIVISION, IDIQ A/E PROFESSIONAL

SERVICES

PART 1 – CONTRACT OVERVIEW

SECTION 1 – GENERAL PROVISIONS

SECTION 2 – TECHNICAL PROVISIONS

SECTION 3 – PERSONNEL

SECTION 4 – COMPUTER PROGRAMMATIC REQUIREMENTS

SECTION 5 – DESIGN SERVICES

PART 2 – TASK ORDERS AND FEE DETERMINATION

SECTION 1 – TASK ORDERS AND FEE

DETERMINATION

SECTION – 2 LOOKUP TABLE

PART 3 – SECURITY

SECTION 1 – SECURITY

PART 4 – INCIDENTAL SERVICES

SECTION 1 – INCIDENTAL SERVICES

SECTION 2 – VALUE ENGINEERING SERVICES

SECTION 3 – DESIGN-BUILD BRIDGING

SECTION 4 – HISTORIC PRESERVATION AND CONSERVATION

SECTION 5 – PROGRAMMING

SECTION 6 – TEST FITS

SECTION 7 – BLOCKING AND STACKING

SECTION 8 – SHELL AND TENANT IMPROVEMENT SERVICES

SECTION 9 – CONSTRUCTION MANAGEMENT

PART 5 – CONTRACT CLAUSES

SECTION 1 – CLAUSES INCORPORATED BY REFERENCE

SECTION 2 – CLAUSES INCORPORATED IN FULL TEXT

SECTION 3 - PROVISIONS INCORPORATED BY REFERENCE (NOT APPLICABLE AFTER

AWARD)

SECTION 4 - PROVISIONS INCORPORATED IN FULL TEXT (NOT APPLICABLE AFTER

47PA0325R0001 SOW DATED 2 APRIL 2024

AWARD)

PART 6 – SF 330 (ON FILE)

PART 7 – PERSONNEL RATE TABLE

PART 1 – CONTRACT OVERVIEW

SECTION 1 – GENERAL PROVISIONS

A. CONTRACT SUMMARY

1. This is a Single Award Firm-Fixed-Price (FFP) Indefinite-Delivery

Indefinite- Quantity (IDIQ) Contract for Architect/Engineer (A/E) services as defined in the Federal Acquisition Regulation (FAR)

16.504 and procured in accordance with FAR Part 36 and the synopsis or publication of the Solicitation or Request for Qualifications (RFQ), as modified for federally owned and leased facilities serviced by the General Services Administration (GSA), Public Buildings Service (PBS). Services included are both A/E services and incidental services. Services ordered are substantially, or to a dominant extent, expected to require performance or approval by a registered or licensed architect or engineer. The A/E firm shall primarily provide design and estimating services for repair, replacement and alteration projects in Federal Office Buildings, Federal Courthouses and Land Ports of Entry.

2. Services to be performed under the terms of this contract include, but are not limited to:

a. The full range of building sciences that A/Es can provide such as detailed project investigations, project inspections, pre-planning services, design programming, optimizing design selections, feasibility studies, sustainability assessments, risk assessments, civil design, boundary and topographical surveying, pavement rehabilitation, energy conservation audits, equipment load measurements, blast resistance studies, seismic studies, high- wind resistance design, and physical security design.

b. Cost Management Services including preparation of all forms of budgets, cost modeling, market research, economic studies, multiple stage estimating with specific breakout totals, complex budgetary control with oversight management and analysis.

c. Nominally invasive investigation for the building and systems, subsystems, components, equipment, and materials addressing such critical features as building walls, glazing, roofing, HVAC equipment, plumbing, electrical systems; diagnostics expertise required for problem identification and resolution including thermography, acoustic performance, lighting quality, moisture content in material, air/water conditions, contaminant level measurements.

d. Construction Management and Inspection services including construction observation, advanced quality control monitoring with related testing and multi- phased turnover services.

e. Commissioning and start-up planning services including forecasting start-up duration, estimating start-up costs, determining start-up objectives, developing technical services requirements for performance standards and goals, start- up with calibration.

f. Obtaining observations and measurements (O&M) material, plus scheduling and/or supervising O&M training.

g. Post Construction Services, such as performing one-year post- occupancy reporting analysis, facilities performance evaluations, post-occupancy systems management with diagnostics.

h. Assisting GSA in the formulation of lessons learned.

3. The A/E shall plan, schedule, coordinate and ensure the full, effective, and economical performance of all services ordered under this contract. Services include the commission of activities to provide professional, technical, and other services required for the development, design, quality assurance, and quality control of a project's functional expectations for repair, alteration, renovation, and new construction. All services to be provided shall be in conformance with this contract and Task Orders.

4. Services shall be provided only as authorized by Task Orders issued by the

Task Order Contracting Officer (CO) for the performance of services in the Primary and Secondary Contract Areas.

5. Authorization for services will normally be by written Task Order on GSA Form 300, or by modification to a Task Order on GSA Standard Form 30 executed by a CO.

B. STANDARD OF CARE

1. Standard of Care: The A/E shall be responsible for the professional quality, technical accuracy, and coordination of all services required and ordered under this contract. The A/E may be liable for government costs resulting from errors, deficiencies, mistakes or inadequacies in designs, drawings, specifications, services, deliverables, cost estimates, or other items furnished under this contract.

Estimating Standard of Care: The A/E may be liable for accuracy of estimating in accordance with the requirements under FAR 36.608, FAR 36.609-2, FAR 52.236- 22 and estimating requirements of this contract. Should bids come in over the funding or estimated amount, the A/E shall be required to make necessary corrections at no cost to the Government.

The A/E shall also:

a. Furnish progress reports of the work.

b. Prepay postage and shipping charges on all deliverables, including charts, sketches, specifications, drawings, and other documents that are sent to the GSA office or other office designated for receipt of deliverables (overnight mail services shall be utilized, if necessary, to meet project schedules).

c. Closely coordinate the A/E’s work performed in his office and the A/E consultants with the related work of Government staff personnel.

d. Promptly report to the Task Order CO any ambiguities or discrepancies the A/E finds in the project requirements, criteria or documents involving the A/E’s work.

e. Assist GSA in conferring and coordinating with customer service center managers, building tenants, and State and local Government authorities, as required.

f. Visit the project sites; hold conferences and discussions with the Government representatives in the A/E’s office, GSA’s regional office or GSA field office; take such other action as may be necessary or required by the GSA office to obtain the data necessary for the design; and coordinate and complete the required services and documents under each Task Order.

g. Prepare all amendments to the plans and associated documents including the specifications prior to the procurement phase of the construction project. This includes all drawings and specification sections which are to be changed.

h. The amendment shall be in such a form that it can be sent to prospective bidders or offerors by the Task Order CO without modification.

i. Obtain and maintain all required insurance coverage as specified in the FAR Clause 52.228-5.

2. The Government will:

a. Issue Task Orders specifying the services to be performed by the A/E, the fee, and the task schedule.

b. Furnish PBS handbooks, design data, forms, available building drawings, and CAD requirements, guide specifications, and other information, as required and not otherwise available to the A/E.

c. Perform limited reviews on all deliverables submitted by the A/E and make timely progress payments for acceptable work.

d. Duplicate approved documents, drawings, specifications, narratives, calculations, and others as required, for the Government’s use, unless otherwise specified in a Task Order.

e. Obtain proposals and award contracts on completed designs.

C. PRIMARY CONTRACT AREA ZONE (ABC OR D)

This contract is for services within one of the four zones identified below:

Zone GSA Regions States

A 1. New England

2. Northeast & Caribbean

3. Mid-Atlantic

Maine, Vermont, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, West Virginia, Virginia, Delaware, Maryland, Puerto Rico and U.S. Virgin Islands

B 4. Southeast Sunbelt

5. Great Lakes

6. Heartland

7. Greater Southwest

Florida, Georgia, South Carolina, North Carolina, Kentucky, Tennessee, Mississippi, Alabama, Minnesota, Wisconsin, Michigan, Ohio, Indiana, Illinois, Nebraska, Iowa, Kansas, Missouri, New Mexico, Oklahoma, Arkansas, Louisiana, and Texas

C 8. Rocky Mountain

9. Pacific Rim

10. Northwest/Arctic

Alaska, Montana, North Dakota, South Dakota, Wyoming, Utah, Colorado, Nevada, Arizona, California, Washington, Oregon, Idaho, and Hawaii

D 11. National Capital Central Office

District of Columbia and the immediate surrounding area

1. The Government shall endeavor to utilize this contract to the maximum practical extent for services within this area. However, the Government reserves the right to perform, or have performed by others, any services required within the Primary Contract Area, and doing so shall not breach or otherwise violate this contract.

D. SECONDARY CONTRACT AREAS

1. On an occasional basis, work may also include locations in the Secondary Contract Areas. The Secondary Contract Areas includes the entire United States, all U.S.

Territories and U.S. Installations Worldwide. The Secondary Contract Areas consists of the Zones comprised of other States and territories. The Secondary Contract Area may be awarded as Primary Contract Area(s) under separate contract(s) to other contractors. In addition, the Secondary Contract Areas of this contract may also be Secondary Contract Areas under other contracts. The Secondary Contract Areas are, or may be, awarded as Primary Contract Area(s) under separate contract(s) to other contractors. In addition, the Secondary Contract Areas of this contract may also be Secondary Contract Areas under other contracts.

2. Services may be provided under this contract within the Secondary Contract Areas if ordered by the Government. However, the Contractor is not obligated to perform work in Secondary Contract Areas and my decline such orders by notifying the CO within 3 workdays of receipt of a request for proposal or order for such services. The Government shall have no obligation to order services to be performed under this contract within the Secondary Contract Areas, and its failure to order any such services shall not breach or otherwise violate this contract.

E. CONTRACT TERM

The term of the contract will be for one base year period with up to four one- year option periods. Task Orders may be issued by the Government at any time within the one-year base period or option periods, if exercised, of this contract. Completion of performance on Task Order(s) may extend beyond the contract expiration date in accordance with the task date(s) on the Task Order(s).

F. OPTION TO EXTEND CONTRACT TERM

1. The Government shall have the unilateral option of extending the term of this contract for up to four consecutive additional periods of twelve months each.

Options shall be exercised by written notice to the A/E prior to the contract expiration date. Written notice of the Government's intent to extend the contract will be issued by the CO at least thirty days before the contract expires.

2. The exercising of options is a prerogative of the Government and not a contractual right on the part of the A/E. If the Government exercises the option within the prescribed time frames, the A/E shall be bound to perform the services for the option period or will be subject to the termination provisions of the contract.

3. Whether an option will be exercised will be based on consideration of the

Government's need for the contract services, and consideration of price, and the level of the A/E's overall performance, quality of services, and responsiveness to the Government's needs.

4. If the Government exercises one or more option, the extended contract shall be considered to include this option clause.

5. The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.

G. ORDER LIMITATION

The Maximum Ordering Limitation (MOL) for each contract across all potential contract years is $50 million dollars. There will be a $1,000 guaranteed minimum for the first year of each IDIQ.

H. POST AWARD ORIENTATION

The A/E shall be required to attend a post award orientation meeting for the base contract. The CO may request attendance by certain key personnel identified by the A/E for this contract. The CO will establish the date, time, and location for the meeting/conference call.

I. DEFINITIONS

In addition to Federal Acquisition Regulation (FAR) Part 2 and FAR 52.202-1, the following words or terms and definitions are provided.

1. Architect/Engineer (A/E) or Contractor - The A/E is the firm that has executed this contract with the Government. The terms A/E, Contractor, Construction Manager (CM), Management and Inspection (M&I) A/E, as used throughout the various sections of this contract, are synonymous. A/E may also refer to or include both the prime A/E firm and the A/E's consultants or subcontractors.

2. Construction Manager (CM) - CM may refer to private firms who are contracted by the Government to perform management services during the design, procurement, or construction phase(s) of a project. The A/E that has executed this contract will be referred to as the CM when a Task Order for Construction Management/Inspection Services is issued.

3. Contracting Officer (CO) - The CO has the overall responsibility for the procurement and administration of this IDIQ contract. The CO alone is authorized to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions on disputed deductions from contract payments for nonperformance or unsatisfactory performance; terminate the contract for convenience or default; issue final decisions regarding contract questions or matters under dispute. CO may also refer to the Task Order CO. The

Task Order CO has delegated authority and responsibility to procure and administer task orders within the scope of this IDIQ contract. The Task Order CO does not have authority to modify terms or conditions of this IDIQ contract.

4. Contracting Officer's Representative (COR) or Contracting Officer's Technical Representative (COTR) - The COR or COTR is a Government official appointed by the CO to assist the CO in the administration of a contract or Task Order. When a COR is appointed under this contract, the responsibilities of the COR will be designated in writing and a copy of the appointment letter will be provided to the A/E.

5. Deliverables - Submittals or other product, service, or end-item specified for delivery.

6. Project or Program Manager (PM) - The PM is an individual who manages a project or program for the Government. The PM is responsible for the overall coordination and is the primary contact with the A/E. The PM resolves issues concerning scope, cost, schedule, etc., obtains concurrences, monitors the quality of the services provided by the A/E, and assists the CO in administering the contract or Task Order with the A/E. The PM may be a government employee or an employee of a CM or other firm under contract with GSA. If the PM is a government employee, the individual will most likely be the designated COR.

7. Value Management (VM) - Refers to formal studies, which the firm under this contract may be asked to perform or to participate in. Formal VM will not be a standard requirement on every design Task Order. When VM is required, it will be specifically listed on that particular Task Order.

J. INFORM

Overview of the IN-depth Feedback through Open Reporting Methods (INFORM)

Process: This solicitation is part of GSA’s post award communication process called INFORM. The process is designed to enhance the quality and usefulness of post-award communications by providing greater transparency and openness into the procurement process. INFORM seeks to increase GSA-industry communication by providing clearer and more complete information to explain the award decision.

Through the INFORM process, GSA will seek to share additional information with offerors in writing and/or through an oral feedback meeting that is not required by statute or regulation. For Part 15 including mandatory debriefs and Part 16, and in addition to any information required by FAR 15.503 and 15.506, GSA is providing each offeror with the opportunity to participate in the INFORM process as further discussed below.

Detailed Description of the INFORM Process

a. Component 1 – Notification of Award

After award and in accordance with any post-award notification timeframes required by regulation (i.e., FAR Parts 15.503(b) and 16.505(b)(6)), the contracting officer will issue written notices to the successful and unsuccessful offerors (the Notification Letter and Evaluation Statement (NLES)). The notices will contain:

i. All information required by statute or regulation;

ii. An unredacted copy of the complete technical evaluation for that particular offeror that includes a full description of the unsuccessful offeror’s strengths, weaknesses, risks, and deficiencies;

iii. An overall technical evaluation summary for that particular offeror and the successful offeror that includes evaluated price, overall technical ranking, rating, or score.

b. Component 2 – Request for Oral Feedback Meeting or Written Questions

Within three business days after receipt of the NLES, an offeror may, but is not required to:

i. Submit a written request to the CO for an oral feedback meeting;

ii. Submit a list of written questions to the CO; or

iii. Take no further action.

If the offeror timely elects to request an oral feedback meeting or submit a list of written questions, GSA will consider any such request to constitute a required debriefing pursuant to FAR 15.506. If an offeror does not request an oral feedback meeting or submit a list of written questions within the three-day time period, the receipt of the NLES concludes the INFORM process and satisfies the FAR requirement for debriefs pursuant to FAR 15.506.

If the offeror submits a list of written questions in lieu of the oral feedback meeting, the contracting officer will attempt to respond within five business days of receipt of the written questions. Unless otherwise stated, the CO’s response to the written questions will conclude the INFORM process and any corresponding post-award debriefing as further set forth at FAR 15.506.

If the offeror requests an oral feedback meeting, the offeror should provide the following information:

i. Primary point of contact

ii. List of participants with titles (e.g. Senior Vice President)

iii. List of topics to assist GSA better prepare for the oral feedback meeting

iv. Preference for in-person, telephone, or web-based conferencing (if available)

c. Component 3 – Oral Feedback Meeting

During the oral feedback meeting GSA’s objectives are to provide:

i. Reasonable responses to written questions submitted by the offeror

ii. Explanations for the evaluation conclusions and contract award decisions . Any additional information about the fairness and impartiality of the evaluation and why the award decision was rational

iii. Reasonable responses to additional questions raised during the meeting

iv. Additional transparency into the underlying competition process

v. A greater understanding of the evaluation and award process.

GSA will not provide any information that is prohibited by law or regulation

d. Component 4 – Post Oral Feedback Meeting Questions

Within two business days after the conclusion of the oral feedback meeting, the offeror may submit a list of written questions to the contracting officer. The contracting officer will provide a written response within five business days and, unless otherwise noted by the contracting officer, the INFORM process and any corresponding post-award debriefing as further set forth at FAR 15.506 will have concluded.

If the offeror elects not to submit a list of written questions within two days after the oral feedback meeting, the INFORM process and any corresponding post-award debriefing as further set forth at FAR 15.506 is concluded.

SECTION 2 – TECHNICAL PROVISIONS

A. STANDARDS, GUIDES, ORDERS AND OTHER SUPPLEMENTAL DOCUMENTS

The Public Buildings Amendments of 1988, Public Law 100-678, section 21, requires that for new construction and renovation projects, GSA shall comply with one of the nationally recognized model building codes and with other applicable nationally recognized codes. The current edition of each applicable code, in effect at the time the design task orders are awarded, and design deliverables started, shall be used throughout the project’s design and construction. All design deliverables under this contract shall comply to the maximum extent feasible with the most recent editions of the below listed codes. This list is not all inclusive and additional code and standard requirements may be required over the life of the contract.

The following pages contain listings of documents, including GSA Orders, guides, standards, Instructional Letters, Policies, Executive Orders, regulations, and forms, and are hereby incorporated into and made a part of this contact as though each item were provided in its full text. If any requirements found in this contract or in subsequently issued Task Orders are not consistent with the documents below, those requirements shall take precedence in all circumstances unless any exception is explicitly addressed by the CO for the base contract to specific document, GSA Order, guide, standard, Instructional Letter, or form. GSA Project Managers (PMs) or COR will provide the A/E with specified documents that are not available via the Internet or other source available to the A/E. The A/E shall be responsible for requesting the documents needed and for ensuring the most current guides and standards are used in connection with work performed under this Contract.

The International Code Council (ICC) publishes the International Building Code (IBC), International Fire Code (IFC), International Plumbing Code (IPC), International Mechanical Code (IMC), and the International Energy Conservation Code (IECC). The ICC codes are available at www.intlcode.org. It is GSA's policy to comply with local codes and standards, to the maximum extent practicable, in jurisdictions where the National Fire Protection Association (NFPA) codes have been duly adopted by that locality. The technical egress requirements of the NFPA Life Safety Code (NFPA 101) shall apply in lieu of the technical egress requirements of the IBC. The technical electrical requirements of the NFPA (National Electric Code (NFPA 70) shall apply in lieu of the technical electrical requirements of the ICC Electrical Code. Refer to PBS P-100 Facility Standards for the Public Buildings Service at Section 1.3 National Codes and Standards, for GSA's established policy regarding the application of building codes.

Updated codes, standards, orders, guides and forms are considered as incorporated into this contract at the time of contract award and upon issuance of each Task Order.

Additional documents are cited in this contract that are not included in this Section.

1. International Building Code maintained by the International Code Council

2. For all projects, the egress requirements of the National Fire Protection Association’s Life Safety Code (NFPA 101) shall apply in lieu of other code References.

3. For all projects, the electrical requirements of the National Electric Code (NFPA 70) have been adopted by GSA in lieu of the technical electrical requirements of the ICC Electrical Code.

4. International Mechanical Code

5. International Plumbing Code

6. Occupational Safety and Health Regulations for Construction; 29 CFR, Parts 1926 and 1910

7. Environmental Protection Agency Regulations

8. Elevator Code - ASME A17.1, and with the ABAAS Accessibility Guidelines

9. American Institute of Architects (AIA) Masterspec Specifications with (*) GSA Division One Supplements to be provided by GSA as applicable under Task Orders.

10. American National Standards Institute publications

11. National Roof Contractors Association, Roofing and Waterproofing Manual

12. The Institute of Electrical and Electronics Engineers

13. National Electrical Manufacturers Association

14. Electronic Industries Association

15. American Society of Heating Refrigeration, and Conditioning Engineers If there is a conflict between a code requirement and a GSA requirement that is based on a Federal law, Executive order, or GSA owner requirement, the GSA requirement will prevail. In any such case the Contractor shall notify the CO (or representative) in writing of the conflict and recommend resolution. Failure to comply with Handbooks, Codes and standards will be noted in the A/E annual performance appraisal and may be cause for not exercising contract options.

B. PROJECT MANAGEMENT INFORMATION SYSTEM (PMIS) – KAHUA

GSA requires the use of the PMIS (GSA’s project management information system) throughout the project lifecycle as a project management tool, and as a repository for timely and accurate project information. The current PMIS in use by GSA is Kahua.

a. PMIS Utilization - The Contractor shall utilize the PMIS to:

i. Collaborate with GSA and the broader Project Delivery Team across all project tasks.

ii. Store all project information and documentation, including controlled unclassified information (CUI) and communications.

b. Kahua Applications: Kahua Applications to be utilized by the contractor include:

i. Cost Management

ii. Estimating and Funding – Upload and review project estimates

iii. Document Management

iv. Communications – Document and upload formal project communications.

v. Design Review – Initiate, manage and participate in project design reviews.

vi. Field Observations – Record field observations, test results and upload related documentation.

vii. File Manager – Manage project/contract files and initiate design reviews.

viii. Meetings – Document project meetings and track progress on key action items

ix. Packaged Submittals – Manage project submittal review process and upload related documentation.

x. RFI’s - Manage project RFI process and upload related documentation.

xi. Schedule Management

xii. Milestones – Review key schedule milestones for project progress as needed.

xiii. Scheduling – Upload and review contractor provided schedules.

xiv. Other

xv. Sustainability - Review/contribute to project sustainability reporting, uploading related documentation.

xvi. Project Directory – Ensure all team members are include in the project directory and have correct Kahua permission.

xvii. Dashboards/Reporting – Use as needed to meet reporting and management requirements.

xviii. Access and Equipment – PMIS is web-accessible and can therefore be accessed via any compatible computer with an Internet connection.

Information for requesting an account, accessing the PMIS and equipment needed is available on the Project Management Information System - Access site. GSA will not furnish any equipment related to accessing PMIS.

xix. Training – GSA will provide no cost training to familiarize team members with the PMIS system. That being stated, GSA will not reimburse the A/E for any travel related to any PMIS training. Training videos via YouTube and reference guides are available on the Project Management Information System - Training site.

xx. Support – GSA will provide PMIS system administration and end-user support for the duration of the project. To request assistance email kahuasupport@gsa.gov.

C. APPLICABLE STANDARDS AND GUIDELINES

1. All design deliverables under this contract shall comply to the maximum extent feasible with the below listed GSA Standards and Guidelines, which includes Client agency standards and guidelines. The latest edition of these codes and standards in effect at the time of task order award and design deliverable start shall be used throughout the design and construction of that project. The below list is not all inclusive and additional standards and guidelines may be identified at the task order level.

Any conflicts or ambiguities within or among the referenced standards and criteria documents, or any deviations from requirements contained in the standards and criteria documents, must be reported to GSA in writing for determination as to applicability. Failure to comply with Handbooks, Codes and standards will be noted in the A/E annual performance appraisal and may be cause for not exercising contract options.

APPLICABLE STANDARDS AND

GUIDELINES

PBS 3400.15 Design-Build Construction within the Public Building Service

PBS 3400.16A Partnering within the Public Building Service

PBS P 3425.12B Project Management in the PBS

PBS P 3490.3, Change 1 Security for Sensitive Building Information Related to Federal Buildings, Grounds, or Property

ADM 8000.1 B GSA Metric Program

GSA CAD Deliverable Library (www.gsa.gov/CIFM)

GSA GSA PBS CAD Standards (www.gsa.gov/CIFM)

PBS P-100 Facility Standards for the Public Buildings Service (http://bookstore.gpo.gov)

PBS P-120 Public Buildings Service Cost and Schedule Management Policy

PBS PBS Business Assignment Guide (www.gsa.gov/CIFM)

PBS-PQ260 Metric Design Guide

PBS PBS 8050.1C Public Buildings Service Value Engineering Program

Guide Specifications for Modification/Installation of Audio Systems - United States Courthouses

United States Court Design Guide www.wbdg.org

GSA Design Guide for Operational Excellence, dated May 6, 2019

USMS Pub. No.61 Requirements and Specifications for Special Purpose and Support Space Manuals

Standard Level Features and Finishes for U.S. Courts Facilities

ADM1022 Procedures for Historic Properties

ADM 5940.2 General Services Administration Occupational Safety and Health Program

36 CFR 67 The Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings

2020 GSA Building Commissioning Guide

ADM 3400.1.A Compliance with Nationally Recognized Building Codes

Architectural Barriers Act Accessibility Standards (ABAAS)

PBS National CAD standards; www.gsa.gov/cad

U.S. Marshals Service Design Guide

U.S. Attorneys’ Facilities Standards

PBS Building Commissioning Guide

D. APPLICABLE FORMS

Forms required to accomplish the SOW may not all be available on the internet. They will be furnished by the CO upon request by the A/E.

SECTION 3 – PERSONNEL

A. CONTRACTUAL RELATIONSHIPS

1. Only the CO can approve negotiated fees, issue Task Orders, approve payments, or authorize modifications to the Task Orders. No other authority exists for ordering performance/tasks from the A/E under this contract. The A/E shall proceed with the services required by a Task Order upon the A/E's receipt of same, or only upon receipt of a written or verbal Notice to Proceed (NTP).

Modifications to the contract or to Task Orders are effective only when implemented in writing by the Task Order CO.

2. Generally, the services ordered by the Task Order CO will be coordinated through a designated PM or COR. The COR or PM for each project will be designated on the Task Order. The A/E shall coordinate all efforts through and direct all inquiries (except as otherwise specified) to the PM or COR. The A/E shall not accept any direction from building occupants, client agencies, or tenants that will occupy the space, or from building management (Customer Service Center Personnel) or from operation authorities. Communication with all such individuals shall be coordinated through the PM or COR. If appropriate information cannot be obtained from the PM or COR, contact the CO or COR's supervisor. All procurement inquires made by potential offerors shall be directed to the Task Order CO for the solicitation or project still in design.

3. The Government may have a contract for Construction Management (CM) services within the performance areas covered by this contract and may rely on the CM contractor to assist the Government by performing pre-design, design, procurement, contract administration, construction, and post-construction phase services in connection with projects involving A/E services under this contract. If the Government elects to have such services performed by the CM or other designated contractor, the A/E will be informed by written letter from the CO, or by appropriate notification on the Task Order to the A/E. Some of the services available under a CM contract are the same as those available under this contract, particularly regarding construction contract management and inspection services.

When CM services provided by other parties are involved, the A/E will be informed of the services being provided and shall cooperate fully with the CM or other designated contractor.

4. The prime A/E Contractor shall be responsible for the performance, services, and deliverables of all contract requirements.

B. KEY PERSONNEL AND RELEASE OF UNQUALIFIED PERSONNEL

1. Should it become necessary to substitute key personnel or consultants, the A/E shall submit to the Government, in writing, Standard Form (SF) 330, to include the experience and qualifications of the proposed personnel or consultant, for CO approval. No changes shall be made until or unless the CO's written approval is issued by modification to this contract. No increase in salary rates will be allowed when personnel or consultant substitution is authorized. If the CO requests cost data, the A/E shall provide sufficient evidentiary data of the actual salary rate paid to support the then current contract rates for such Key Personnel, and a reduction in Key Personnel rates may be decreased accordingly.

2. Personnel whose performance is judged to be unacceptable by the CO or COR shall be promptly removed from assignment(s) under this Contract and promptly replaced with qualified personnel upon request and approval by the CO at no additional cost to the Government under the same guidelines as stated in Paragraph 1. above. All actions by the Government regarding the release of unqualified personnel shall be in writing.

C. PROFESSIONAL RESPONSIBILITY, REGISTRATION, AND SEAL REQUIREMENTS

1. Reviews and approvals performed by the Government in connection with the services provided by the A/E will be performed from the standpoint of the management, owner, contractual, and regulatory responsibilities of the Government, and not from the standpoint of providing quality control technical reviews to support A/E efforts. The Government reviews will be general in nature.

The detailed verification and review of bid documents and all deliverables for technical accuracy, sufficiency, and coordination is the sole responsibility of the A/E. The Government will insist on high quality professional performance by the

A/E under this contract. It is intended that design solutions shall flow from the A/E and not be directed by the Government. (Reference FAR 52.236-23 Responsibility of the Architect-Engineer Contractor.)

2. Architectural and engineering design shall be accomplished by, or under the direction of, professionals registered to practice in the applicable field, and these professionals shall sign, date and affix their seal of registration for the State in which the design will be implemented to all pages of bid documents prepared in connection with their specific services provided by discipline under this contract.

Fire protection engineers and detection designs must be sealed by engineers registered or licensed specifically in fire protection engineering. (Reference FAR 52.236-25 Requirements for Registration of Designers.)

3. If deliverables are rejected because they do not meet the standards, guides, orders, and other supplemental documents set forth in this contract and its references, the A/E may be held liable for damages which the Government incurs, in accordance with FAR 52.236-23 - Responsibility of the Architect-Engineer Contractor.

D. CONSULTANTS, SUBCONTRACTORS, AND SPECIAL SERVICES

1. Consultants and services needed for specific services or projects that are not included in this contract shall be acquired by the A/E, and firm-fixed-prices for such services may be negotiated and incorporated into this contract. These services or consultants might include, but are not limited to, geotechnical testing, quality control testing, structural strength testing, boundary or topographical surveys, services in connections with art and historic preservation and conservation and similar services.

2. There shall be no mark-up or profit allowed on consultants, subcontractors, or special services costs.

E. PERFORMANC EVALUATION

1. The Government will evaluate the A/E's performance on each Task Order (or major phase of a Task Order) by utilizing the most current on-line contractor/vendor performance reporting system. The evaluation will consider factors such as technical accuracy, completeness, cooperation, coordination of the work of various disciplines, management, schedule compliance, cost control, cost estimate accuracy, and general quality of the services provided, and otherwise in accordance with FAR 36.604.

2. GSA is using the Contractor Performance Assessment Reporting System (CPARS) as the secure, confidential, information management tool to facilitate the performance evaluation process. CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is:

https://www.cpars.gov/.

3. Each award requiring an evaluation will be registered in CPARS by GSA. The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an email that contains user account information, as well as the applicable contract and order number(s) assigned. Contractors will be granted one user account to access all evaluations.

4. Contractors may sign up for CPARS training which is available in the Learning

Center section of the CPARS site.

5. All evaluations will be sent to the Contractor Representative (CR) named on your award. The CR will be able to access CPARS to review and comment on the evaluation. If your CR is not already in the CPARS system, the CO will request the name and email address of the person that will be responsible for the CR role on your award.

6. The completed CPARS evaluations may then be used by the Federal acquisition community for use in making source selection decisions. CPARS assists acquisition officials by serving as the single source for contractor past performance data. Once an evaluation is ready to be released the CR will receive an email alerting them the evaluation is ready for their review and comment. The email will indicate the time frame the CR has to respond to the evaluation; however, the CR may return the evaluation earlier than this date. GSA shall provide for review at a level above the CO (i.e., contracting director) to consider any disagreement between GSA and the contractor regarding GSA’s evaluation of the contractor. Based on the review, the individual at a level above the CO will issue the conclusion on the performance evaluation.

F. STANDARDS OF CONDUCT

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to his employees as may be necessary. When working in Government space, the Contractor is responsible for ensuring that his employees do not disturb papers on desks, open desk drawers or cabinets, or use Government telephones, except as authorized. Each employee is expected to adhere to standards of behavior that reflect favorably on his/her employer, and the Federal Government. No smoking is allowed in Government buildings.

G. REMOVAL FROM CONTRACT WORK

1. The Task Order CO or his/her representative may advise the Contractor to immediately remove any employee(s) from the work site. When the Government determines such employee to be incompetent, careless, insubordinate, unsuitable, or otherwise objectionable; or whose continued employment the Government deems contrary to the public interest, inconsistent with the best interests of security, or is identified as a potential threat to the health, safety, security, general well- being or operational mission of the facility and its population.

2. The Task Order CO may also request the Contractor to immediately remove any employee(s) from the work site(s) should it be determined that individuals are being assigned to duty who have been disqualified for either suitability or security reasons, or who are found to be unfit to satisfactorily perform duties during their tour(s) of service.

3. Contractor employees who are removed from contract work shall be required to leave the work site immediately.

4. The Contractor must comply with any removal request. For clarification, a determination to remove an employee will be made for, but is not limited to, incidents involving the most immediately identifiable types of misconduct or delinquency as set forth below:

a. Failure to receive a suitability determination, temporary clearance, or clearance from GSA or a tenant agency.

b. Violation of Federal, State, or local law.

c. Violation of the Rules and Regulations Governing Public Buildings and Grounds, 41 CFR 101-20.3. This includes the carrying or possession of explosives, or items intended to be used to fabricate an explosive or incendiary device.

d. Neglect of duty, including sleeping while on duty, unreasonable delays, or failure to carry out assigned tasks, conducting personal affairs during official time, refusing to render assistance, or cooperate in upholding the integrity of the security program at the work site.

e. Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records.

f. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, fighting, or participation in disruptive activities, which interferes with the normal efficient operations of the Government.

g. Theft, vandalism, immoral conduct, or any other criminal actions.

h. Selling, consuming, or being under the influence of intoxicants, drugs, or substances which produce similar effects while in or on Federally controlled property.

i. Improper use of Government identification.

j. Unauthorized use of communication equipment on Government property.

k. Violation of security procedures or regulations.

l. Violation of Title 18, U.S.C., Section 930, which prohibits the knowing possession or the causing to be present of firearms or other dangerous weapons in Federal facilities and Court facilities.

5. The Task Order CO will make all determinations regarding the removal of any employee(s) from work site(s), except under certain conditions. When a Task Order CO is not available, either during the day or after hours, or in situations where a delay would not be in the best interest of the Government or is identified as a potential threat to the health, safety, security, general well-being or operational mission of the facility and its population, the COR will have the authority to immediately remove the contract employee from the work site.

6. Law enforcement officers of the DHS/ICE/Federal Protective Service will have the authority to immediately remove any contract employee from the work site who is found to be in violation of any of the items mentioned above and where a delay in removal would not be in the best interest of the Government, security, or is identified as a potential threat to the health, safety, security, general well-being or operational mission of the facility and its population. The Task Order CO will be notified as soon after the incident as practical or at the beginning of the next business day if an action happened after hours. The Task Order CO will make all official notifications to the Contractor. In the event of a dispute, the Task Order CO will make a final determination. Specific reasons for removal of an employee(s) will be provided to the Contractor in writing.

7. The Contractor is responsible for providing replacement employees in cases where contract employees are removed from working at the work site or Task Order, in accordance with the terms of this contract.

SECTION 4 – COMPUTER PROGRAMMATIC REQUIREMENTS

A. BUILDING INFORMATION MODELING

The Contractor shall submit BIM deliverables in native and IFC file formats for all project phases.

The Contractor shall review and be familiar with the BIM Guide Series, available at www.gsa.gov/bim, which provides additional information and requirements for specific BIM applications. At a minimum, the Contractor shall comply with BIM Guides 02, 07, and 08. Additional BIM Guides provide useful information and guidance for optional BIM applications.

• BIM Guide 02 - Spatial Program Validation defines how BIM is used to design for and validate spatial program requirements for GSA properties.

• BIM Guide 07 - Building Elements provides requirements for BIM-based design and for BIM Execution Planning.

• BIM Guide 08 - Facility Management provides requirements for GSA’s use of BIM for facility management.

The Contractor shall prepare a BIM Execution Plan (BEP) and comply with BIM deliverable requirements for all design phase submissions.

Design Phase - Requirements

In addition to other requirements set forth herein, the Contractor shall:

1. Submit BIM deliverables for all project phase submissions.

2. Ensure deliverables include: (a) standardized facility asset data in IFC-based (Industry Foundation Class) Building Information Models; (b) native file BIM.

3. Ensure deliverables include GSA’s standardized NCMMS (National Computerized Maintenance Management System) data in open standard COBie (Construction Operations Building Information Exchange) format.

4. Ensure deliverables (whether submitted in native or IFC format) contain site information that is properly positioned in accordance with: (a) a coordinate system in the model space; and (b) a geographic coordinate system in the real world. (Note:

Models that do not include site information in their primary authoring tool will not be able to export location information to IFC and will be rejected as non- compliant.)

5. Ensure deliverables comply with the requirements in BIM Guide 02 - Spatial Program Validation, BIM Guide 07 - Building Elements, and BIM Guide 08 - Facility Management. The BIM Guides can be found at www.gsa.gov/bim

6. Ensure BIMs are setup to allow 2D deliverables to be derived directly from the model. 2D deliverables that are derived from the BIM must comply with the PBS CAD standards found at www.gsa.gov/cad.

7. Update and resubmit the BEP with each project phase submission.

8. Provide 3D PDF model deliverables suitable for customer communication/visualization.

9. Submit a Clash Detection Report (CDR) from automated model checking software to indicate level of model coordination. The Contractor shall resolve clashes in the design documentation to the maximum extent practicable prior to submitting the CDR. The Contractor may eliminate clashes from the CDR that can be resolved by a single consultant or subcontractor without coordination with the larger project team.

Clashes that require coordination across disciplines and project stakeholders, whether resolved or unresolved at the time of submission of the CDR, must be included in the CDR. For any unresolved clashes indicated in a final CDR for a deliverable, the Contractor shall provide a separate narrative explaining why the clash could not or need not be resolved.

10. Use BIM to provide spatial data for gross, rentable, and usable areas.

For each project phase submission, the Contractor shall: (a) Facilitate/Participate in an in-person or virtual collaborative BIM-assisted design review meetings to gather feedback from all project stakeholders; (b) Review and respond to GSA and stakeholder design submission comments; and (c) Incorporate prior GSA-approved design submission review comments and value engineering proposals into subsequent design submissions.

Construction Phase:

The project team should determine, in consultation with a regional BIM champion or the National BIM Program Expert, whether responsibility for record BIM and COBie will lie with the AE, the CM, or the GC.

BIM Execution Plan:

The Contractor shall attend a BIM workshop hosted by the GSA. The BIM workshop will review the BIM requirements, important key concepts, and terms. Within five business days after the BIM workshop, the Contractor shall submit the initial Draft BEP to the CO.

The Contractor shall develop the BEP with input from the GSA project team and project stakeholders. In addition to other requirements set forth herein, the BEP shall:

a. Explain how BIM will be implemented on the project.

b. Describe the BIM-related responsibilities of all project stakeholders.

c. Specify the due date for each BIM deliverable.

d. Address all required BIM uses for the project, including but not limited to:

1. BIM-based design.

2. 2D deliverables extracted from the BIM.

3. 3D visualization for stakeholder/customer communication.

4. BIM-based spatial validation.

5. Automated clash detection.

6. BIM-based collaborative design reviews.

7. BIM and COBie data updates in the construction phase.

B. SECURE FILE TRANSFER PROTOCOL (SFTP)

a. If included in the Statement of Work (SOW), a Secure File Transfer Protocol (SFTP) site may be used. This is not a substitution for deliverables. The use of the SFTP site is in addition to the required deliverables.