DB101-Bridging (Aug 2020) ME-Madawaska New LPOE REVISED 2020 10 29.pdf

GSA Solicitation No. 47PB0020R0055 GSA Contract No: [TBD]

Document: R1 DB101 / AUGUST 2020 (The Agreement) Revised 10/29/2020 Page 1 of 51

Design Build Contract for: New Land Port of Entry (LPOE) in Madawaska, ME

Form of the Agreement 10/29/2020)(Revised

Document: R1 DB101 / AUGUST 2020 Table of Contents (The Agreement) Revised 10/29/2020 Page 2 of 51

Table of Contents

I. PROJECT INFORMATION

I.A. Project Summary I.B. The Contract I.C. Period of Performance

I.D. [RESERVED]

I.E. Authorized Representatives I.F. Contract Liquidated Damages Rate I.G. Buy American Exceptions I.H. Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments

II. PRICES

II.A. Basis of Pricing II.B. Contract Price Form

III. TERMS AND CONDITIONS

III.A. Contractor Responsibilities III.B. Project Schedule III.C. Submittals III.D. Finality of Contract Modifications III.E. Liquidated Damages III.F. Insurance Requirements III.G. Order of Precedence III.H. Administrative Matters III.I. Non-Compliance with Contract Requirements III.J. Safeguarding Sensitive Data and Information Technology Resources III.K. Options and Allowances

................................... 14 (1) GSAR 552.236-77 Government’s Right to Exercise Options (Mar 2019)

III.L. Equal Employment Opportunity Plan III.M. Additional Terms and Conditions

(1) FAR 52.244-4 Subcontractors and Outside Associates and Consultants (Architect-Engineer

................................................................................................................... 15 Services) (Aug 1998)

............................................................................................. 15 (2) Superintendence by the Contractor

IV. CONTRACT CLAUSES

IV.A. Clauses Incorporated in Full Text

(1) GSAR 552.204-9 Personal Identity Verification Requirements (Jul 2020)

(2) FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (AUG 2020)

(3) GSAR 552.211-10 Commencement, Prosecution and Completion of Work (MAR 2019)

(4) GSAR 552.211-13 Time Extensions (MAR 2019)

(5) GSAR 552.211-70 Substantial Completion (Mar 2019)

(6) FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (Sep 2013)

(7) FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated

Items (May 2008)

(8) FAR 52.223-21 Foams (Jun 2016)

(9) GSAR 552.232-5 Payments Under Fixed-Price Construction Contracts (Mar 2019)

Document: R1 DB101 / AUGUST 2020 Table of Contents (The Agreement) Revised 10/29/2020 Page 3 of 51

(10) GSAR 552.236-6 Superintendence by the Contractor (Mar 2019)

(11) GSAR 552.236-11 Use and Possession Prior to Completion (Mar 2019)

(12) GSAR 552.236-15 Schedules for Construction Contracts (Mar 2019) 26 – Alternate II (Mar 2019)

(13) GSAR 552.236-21 Specifications and Drawings for Construction (Mar 2019) – Alternate I (Mar

............................................................................................................................................ 28 2019)

(14) GSAR 552.236-70, Authorities and Limitations (Mar 2019)

(15) GSAR 552.236-71 Contractor Responsibilities (Mar 2019 ................. 30 ) – Alternate I (Mar 2019)

(16) GSAR 552.236-72 Submittals (Mar 2019) ........................................... 30 – Alternate I (Mar 2019)

............................................................................... 31 (17) GSAR 552.236-73 Subcontracts (Apr 1984)

(18) GSAR 552.243-71 Equitable Adjustments (MAR 2019)

(19) GSAR 552.252-6 Authorized Deviations in Clauses (Deviation FAR 52.252-6) (Sep 99)

(20) Buy American Requirements

. 35 FAR 52.225-11 Buy American-Construction Materials under Trade Agreements (Oct 2019)

(21) Project Labor Agreement (PLA) FAR 52.222-34 Project Labor Agreement (May 2010) (DEVIATION July 2011)

(22) Additional Clauses GSAR 552.204-70, Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (Deviation I) (Aug 2019) FAR 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other than Certified

Cost or Pricing Data—Modifications (Jun 2020) — Alternate I (Oct 2010) IV.B. Clauses Incorporated by Reference

(1) FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

(2) Federal Acquisition Regulation (FAR) clauses:

(3) GSA Acquisition Regulation (GSAR) clauses:

V. SUBCONTRACT REQUIREMENTS

Document: R1 DB101 / AUGUST 2020 I. PROJECT INFORMATION (The Agreement) Page 4 of 51

I. PROJECT INFORMATION

I.A. Project Summary

The GSA is using the Design Build-Bridging (DB-B, sometimes Bridging Design-Build, Bridging D-B, or BDB) delivery method to design and construct a new Land Port of Entry (LPOE) for the U.S. Customs and Border Protection (CBP) in Madawaska, ME. The GSA hired a Bridging Architect, hereafter known as Designer of Record (DOR), as part of the DB-B delivery method.

The Designer of Record (DOR) has created Owners Project Requirements (OPR). The OPR is a compilation of narratives, specifications, drawings, appendices, studies, calculations and other documents that identify the specific functional requirements of the new LPOE that are in addition to, qualify or exceed the GSA PBS Facilities Standards for the Public Buildings Service (P100, 2018 edition) and Customs and Border Protection Land Port of Entry Design Standard (2018) requirements.

Under this project, the Design-Build Contractor (DB Contractor) shall finish the design developed by the DOR and build the new LPOE.

GSA is providing the DB Contractor with this statement of work (SOW), the Owner’s Project Requirements (OPR), and Standards, Criteria, Policy and Procedure Documents that shall be used to finish the design and construct the new LPOE.

The DB Contractor will serve as the Architect of Record (AOR) for the project and Engineer of Record (EOR) for the project.

The program of requirements (POR) for this new LPOE contains 76,717 GSF of facilities placed on a 10.73 acre site between Mill Street and Main Street in Madawaska, Maine. The program facilities include a Main Port Building, Commercial Inspection Building, Canopies, Booths, 3 primary inspection lanes, and a bypass lane and Surface Parking.

Concurrent with GSA’s LPOE project, Maine Department of Transportation (MaineDOT), is constructing a new Madawaska-Edmundston International bridge. The new bridge will be landing on the GSA site in Madawaska.

The LPOE and International Bridge are separate projects but require strong multi-disciplinary and cross agency coordination. The new LPOE must be operational by November 2023 to coincide with completion of the new bridge.

In addition the town of Madawaska is completing new water and sewer projects that will require coordination with the project site.

The DB Contractor is one contract and entity. The DB Contractor may consist of separate firms, such as an independent architect and engineer and an independent contractor, agreeing to work together on the project.

Please see the OPR for additional project overview information.

I.B. The Contract

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

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

I.C. Period of Performance

(1) Commencement of Design Phase Services. The Contractor shall commence performance of the Design Phase Services within ten (10) calendar days after the Contractor receives the Notice to Proceed (NTP).

(2) Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, no later than September 1, 2023.

(3) Contract Completion. The Contractor shall achieve Contract Completion, as the term is defined in the Agreement, within 60 calendar days of Substantial Completion, or November 1, 2023, whichever is sooner.

I.D. [RESERVED]

I.E. Authorized Representatives

(1) This Contract is between the United States of America, acting by and through the Administrator of General Services (GSA), and the Contractor (the Parties). References in this Contract to "the Owner" or "the Government" shall be understood to refer to GSA. The following individual is designated as the only authorized GSA representative under this Contract, unless other warranted contracting officers are designated in writing:

Authorized Representative Information:

Contracting Officer’s Information

Name: Mark Rinaldi

Address: 10 Causeway Street, Suite 1100, Boston, MA 02222

Telephone: 617-366-9323

Email: mark.rinaldi@gsa.gov

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

I.F. Contract Liquidated Damages Rate

Not Applicable.

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I.G. Buy American Exceptions

For the applicable Buy American clause and any exceptions, see Section IV of this Agreement, . FAR 52.225-11

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

Attachments

The following documents are incorporated by reference into this Contract.

(1) Statement of Work, Dated September 9, 2020 (except for its Attachment A – Owner Project Requirements)

(2) Owner Project Requirements (the Specifications), Dated September 9, 2020 (including its Volume 5 – The Bridging Drawings (the “Drawings”))

(3) Exhibits:

(a) Davis-Bacon Act Wage Determination #: ME20200006, Dated 9/18/2020

(b) Offeror’s Representations and Certifications, Dated [date from awardee’s proposal to be inserted]

(c) Small Business Subcontracting Plan, Dated [date from awardee’s proposal to be inserted if applicable]

(d) Project Labor Agreement, Dated [date from awardee’s proposal to be inserted if applicable]

(4) Other Attachments, which may be updated by the Contractor and accepted by the Government in accordance with this contract:

(a) Contractor’s Organization Chart and narrative, Dated [date from awardee’s proposal to be inserted]

(b) Contractor’s Construction Safety Plan, Dated [date from awardee’s proposal to be inserted]

(c) Contractor’s Project Schedule, Dated [date from awardee’s proposal to be inserted]

(d) Contractor’s Technical Management Plan, Dated [date from awardee’s proposal to be inserted]

(e) Contractor’s Quality Control Plan, Dated [date from awardee’s proposal to be inserted]

(f) Contractor’s Key Personnel, Dated [date from awardee’s proposal to be inserted]

Document: R1 DB101 / AUGUST 2020 II. PRICES (The Agreement) Page 7 of 51

II. PRICES

II.A. Basis of Pricing

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

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

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

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

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

II.B. Contract Price Form

See SF 1442.

Document: R1 DB101 / AUGUST 2020 III. TERMS AND CONDITIONS (The Agreement) Page 8 of 51

III. TERMS AND CONDITIONS

III.A. Contractor Responsibilities

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

(1) For the purposes of FAR 52.236-1, Performance of Work by the Contractor, the Contractor shall perform at least twelve (12) percent of the Work.

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

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

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

III.B. Project Schedule

(1) Within after NTP, the Contractor shall develop and provide a thirty (30) calendar days detailed schedule in widely used, commercially available software such as Microsoft Project and Primavera P6 for completion of all Design Stage activities, tasks, and submissions required herein, leading up to and including the final design development submission(s).

III.C. Submittals

FAR 52.236-21, Specifications and Drawings for Construction, and GSAR 552.236-723, Submittals located in Section IV.A of the Agreement are supplemented as follows:

(1) The Contractor shall prepare and submit to the Contracting Officer shop drawings, samples, calculations, product information, mockups, GSA Form 184 (associated 184A and 184B as necessary), and other submittals (collectively, "submittals") demonstrating compliance with Contract requirements for all Work components as specified elsewhere in this Contract.

III.D. Finality of Contract Modifications

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

(The Agreement) Page 9 of 51 may be entitled, including cost and time. Unless otherwise explicitly stated in a modification to the Contract providing such consideration, adjustments to the Contract price or time agreed upon therein shall be deemed to provide all compensation to which the Contractor is entitled, and shall constitute final settlement of the Contractor's entitlement to compensation on account of the change or other condition giving rise to the modification.

III.E. Liquidated Damages

Not Applicable.

III.F. Insurance Requirements

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

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

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

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

(2) The Contractor shall require that the licensed design professionals it retains for the Project acquire and maintain professional liability insurance in the amount of $5,000,000 per claim and shall provide proof to the Contracting Officer.

(3) The Contractor shall promptly provide to the Contracting Officer proof that it has obtained insurance required by the Contract in the form of certificates of insurance. The Contractor shall submit to the Contracting Officer all renewal certificates issued during the life of this Contract immediately upon issuance.

III.G. Order of Precedence

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

(1) Section IV of the Agreement

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

(3) The Statement of Work

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(4) The Specifications (Owner Project Requirements & Bridging Drawings)

(5) Exhibits and Other Attachments

III.H. Administrative Matters

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

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

(a) Invoices shall be submitted in an original and two (2) copies to the designated billing office specified in this Contract or in individual delivery/work.

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

(c) Invoices must include the Account Document Number (ADN) assigned at award:

(1) GSA Form 184A and/or 184B - Construction Progress Report (Construction Phases Only), including the updated Schedule of Values upon which the payment request is based;

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

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

(4) Additional documentation:

When appropriate.

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

(a) Progress Payments: 14 days

(b) Subsequent Subcontractor Payments: 7 days

(4) Payment Information. The General Services Administration (GSA) makes information on contract payments available electronically at http://www.finance.gsa.gov. The Contractor may register at the site and review its record of payments. This site provides information only on payments made by GSA, not by other agencies.

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

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

(b) To obtain an EOD determination, Contractor shall submit for all such personnel fingerprints on Form SF87 and a completed Contractor Information Worksheet (CIW).

Detailed information is available at Detailed information is available at GSA Access Card. USAccess Credentialing Centers can be located at US Access Centers.

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

(6) Safeguarding and Dissemination of Sensitive But Unclassified (SBU) Building Information.

This clause applies to all recipients of SBU building information, including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers and manufacturers.

(a) Marking SBU. Contractor-generated documents that contain building information must be reviewed by GSA to identify any SBU content, before the original or any copies are disseminated to any other parties. If SBU content is identified, the Contracting Officer (CO) may direct the contractor, as specified elsewhere in this contract, to imprint or affix SBU document markings to the original documents and all copies, before any dissemination.

(b) Authorized recipients.

(1) Building information designated SBU must be protected with access strictly controlled and limited to those individuals having a legitimate business need to know such information. Those with a need to know may include Federal, State and local government entities, and nongovernment entities engaged in the conduct of business on behalf of or with GSA. Nongovernment entities may include architects, engineers, consultants, contractors, subcontractors, suppliers, utilities, and others submitting an offer or bid to GSA, or performing work under a GSA contract or subcontract. Recipient contractors must be registered as “active” in the System for Award Management (SAM) database at www.sam.gov and have a legitimate business need to know such information. If a subcontractor is not registered in the SAM and has a need to possess SBU building information, the subcontractor shall provide to the contractor its DUNS number or its tax ID number and a copy of its business license. The contractor shall keep this information related to the subcontractor for the duration of the contract and subcontract.

(2) All GSA personnel and Contractors must be provided SBU building information when needed for the performance of official Federal, State, and local government functions, such as for code compliance reviews and for the issuance of building permits. Public safety entities such as fire and utility departments may require access to SBU building information on a need to know basis. This clause must not prevent or encumber the dissemination of SBU building information to public safety entities.

(c) Dissemination of SBU building information:

(1) By electronic transmission. Electronic transmission of SBU information outside of the GSA network must use session encryption (or alternatively, file encryption).

Encryption must be via an approved NIST algorithm with a valid certification, such as Advanced Encryption Standard (AES) or Triple Data Encryption Standard (3DES), in accordance with Federal Information Processing Standards Publication (FIPS PUB) 140-2, Security Requirements for Cryptographic Modules per GSA policy.

(2) By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include, but are not limited to CDs, DVDs, and USB drives. Nonelectronic forms of SBU building information include paper documents, among other formats.

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(i) By mail. Contractors must utilize only methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt.

(ii) In person. Contractors must provide SBU building information only to authorized recipients with a need to know such information. Further information on authorized recipients is found in Section 2 of this clause.

(d) Record keeping. Contractors must maintain a list of all entities to which SBU is disseminated, in accordance with sections 2 and 3 of this clause. This list must include at a minimum: (1) the name of the State, Federal, or local government entity, utility, or firm to which SBU has been disseminated; (2) the name of the individual at the entity or firm who is responsible for protecting the SBU building information, with access strictly controlled and limited to those individuals having a legitimate business need to know such information; (3) contact information for the named individual; and (4) a description of the SBU building information provided. Once “as built” drawings are submitted, the contractor must collect all lists maintained in accordance with this clause, including those maintained by any subcontractors and/or suppliers, and submit them to the CO.

For Federal buildings, final payment may be withheld until the lists are received.

(e) Safeguarding SBU documents. SBU building information (both electronic and paper formats) must be protected, with access strictly controlled and limited to those individuals having a legitimate business need to know such information. GSA contractors and subcontractors must not take SBU building information outside of GSA or their own facilities or network, except as necessary for the performance of that contract. Access to the information must be limited to those with a legitimate business need to know.

(f) Destroying SBU building information. When no longer needed, SBU building information must be destroyed so that marked information is rendered unreadable and incapable of being restored, in accordance with guidelines provided for media sanitization within GSA CIO IT Security 06-32, Media Sanitization Guide and Appendix A of NIST Special Publication 800-88, Guidelines for Media Sanitization. Alternatively, SBU building information may be returned to the CO.

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

(h) Incidents. All improper disclosures of SBU building information must be immediately reported to the CO at mark.rinaldi@gsa.gov. If the contract provides for progress payments, the CO may withhold approval of progress payments until the contractor provides a corrective action plan explaining how the contractor will prevent future improper disclosures of SBU building information. Progress payments may also be withheld for failure to comply with any provision in this clause until the contractor provides a corrective action plan explaining how the contractor will rectify any noncompliance and comply with the clause in the future.

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

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III.I. Non-Compliance with Contract Requirements

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

III.J. Safeguarding Sensitive Data and Information Technology

Resources

In accordance with FAR 39.105, this section is included in the contract. This section applies to all users of sensitive data and information technology (IT) resources, including awardees, contractors, subcontractors, lessors, suppliers and manufacturers. The following GSA policies must be followed. These policies can be found at Directives Library.

(1) CIO P 2100.1K GSA Information Technology (IT) Security Policy

(2) CIO P 2100.2B GSA Wireless Local Area Network (LAN) Security

(3) CIO 2100.3C Mandatory Information Technology (IT) Security Training Requirement for Agency and Contractor Employees with Significant Security Responsibilities

(4) CIO 2104.1A CIO CHGE 1 GSA Information Technology IT General Rules of Behavior

(5) CIO 2105.1 C CHGE 1 GSA Section 508: Managing Electronic and Information Technology for Individuals with Disabilities

(6) CIO 2106.1 GSA Social Media Policy

(7) CIO 2107.1 Implementation of the Online Resource Reservation Software

(8) CIO 2160.4A Provisioning of Information Technology (IT) Devices

(9) CIO 2162.1 Digital Signatures

(10) CIO P 2165.2 GSA Telecommunications Policy

(11) CIO P 2180.1 GSA Rules of Behavior for Handling Personally Identifiable Information (Pll)

(12) CIO 2182.2 Mandatory Use of Personal Identity Verification (PIV) Credentials

(13) CIO P 1878.2A Conducting Privacy Impact Assessments (PIAs) in GSA

(14) CIO IL-13-01 Mobile Devices and Applications

(15) CIO 2102 Information Technology (IT) Integration Policy

(16) HCO 9297.1 GSA Data Release Policy

(17) HCO 9297.2B GSA Information Breach Notification Policy

(18) ADM P 9732.1 D Suitability and Personnel Security

The contractor and subcontractors must insert the substance of this section in all subcontracts.

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III.K. Options and Allowances

(1) GSAR 552.236-77 GOVERNMENT’S RIGHT TO EXERCISE OPTIONS (MAR 2019)

(a) The Government may exercise any option in writing in accordance with the terms and conditions of the contract within 90 calendar days [insert the period of time within which the Contracting Officer may exercise the option]. Unless otherwise specified, options may be exercised within 90 calendar days of contract award.

(b) If the Government exercises the option, the contract shall be considered to include this option clause.

(End of clause)

III.L. Equal Employment Opportunity Plan

(1) Within 30 days following award, the Contractor shall furnish the Contracting Officer with an EEO Compliance Plan. The plan shall include the following:

(a) Name of contractor’s EEO Manager for the contract and point of contact information. The EEO Manager is responsible for:

(1) Monitor all employment-related activity to ensure that the Contractor’s equal employment policy is being carried out;

(2) Submit reports as may be required by the Government; and

(3) Keep records that shall at least include for each employee the name, address, telephone number, construction trade, union affiliation (if any), employee identification number, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, separate records are not required to be maintained.

(b) Address how the contractor intends to include the EEO provisions of the contract in all subcontracts in excess of $10,000.

(c) Address what type of efforts will be used to ensure equal employment opportunity in accordance with FAR 52.222-27 Affirmative Action Compliance Requirements for Construction. Discuss organized meeting with subcontractors, labor organizations and/or other community stakeholders.

Meetings should focus on increased employment opportunities, perceived problems and working to achieve the goals established. DOL representatives are available to participate in such meetings.

(2) During the performance of this contract, the Contractor shall submit to the Contracting Officer semi-annually an EEO Compliance Report containing the following:

(a) List of awarded subcontractors by trade, date of award and amount of subcontract. If subcontract is in excess of $10,000, date the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor was notified of award.

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(b) Narrative of actions taken to comply with the affirmative action procedures in paragraphs (g)(1) through (g)(16) of FAR 52.222-27.

(c) List participation in any voluntary associations that may assist in fulfilling the contractor’s affirmative action obligations.

Semi-annual reports are due on the 30th calendar day (or next business day) following the March 31st and September 30th.

III.M. Additional Terms and Conditions

(1) FAR 52.244-4 SUBCONTRACTORS AND OUTSIDE ASSOCIATES AND CONSULTANTS (ARCHITECT-

ENGINEER SERVICES) (AUG 1998)

Any subcontractors and outside associates or consultants required by the Contractor in connection with the services covered by the contract will be limited to individuals or firms that were specifically identified and agreed to during negotiations. The Contractor shall obtain the Contracting Officer’s written consent before making any substitution for these subcontractors, associates, or consultants.

(End of clause)

(2) SUPERINTENDENCE BY THE CONTRACTOR

(a) FAR 52.236-6 and GSAR 552.236-71, both titled Contractor Responsibilities, are located in Section IV.B and Section IV.A, respectively, of this Agreement and are supplemented as follows:

(1) The contractor may be required to provide key personnel, resumes, or skill category descriptions in the performance of this contract.

(2) Any key personnel required by the Contractor in connection with the services covered by the contract will be limited to the individuals or firms that were specifically identified and agreed to during negotiations. The Contractor shall obtain the Contracting Officer’s written consent before making any substitution for these key personnel.

(3) Key personnel shall include, at a minimum, one individual assigned to each of the following disciplines, with each meeting the minimum standards stated below:

(i) Principal-In-Charge. The Contractor shall designate a Principal-In-Charge for this contract who must have the ability to make legal commitments with the Government pertaining to this contract on behalf of the Contractor. This individual shall be responsible for coordinating all aspects of the design and construction operation, including oversight of project management. The Contractor’s Principal-In-Charge shall be a U.S. citizen and have at least fifteen (15) years of experience in office and related construction of similar size, scope, and complexity to the subject project clearly specified on his or her resume. The Contractor’s Principal-In-Charge shall be available and able to commit to the project.

(ii) Project Manager. The Contractor shall designate a Project Manager for this contract. This individual shall be responsible for the management through all phases of design and construction, resulting in a successful project completed

(The Agreement) Page 16 of 51 and occupied within time and budgetary constraints. The Project Manager will be required to track project financials and provide regular updates on the project status and schedule. The Contractor’s Project Manager shall be a U.S. citizen and have at least ten (10) years of experience in office and related construction of similar size, scope and complexity to the subject project clearly specified on his or her resume. The Project Manager shall be available and able to commit to the project.

(iii) Construction Superintendent. The Contractor shall designate a Construction Superintendent for this contract. This individual shall be responsible for the day-to-day management of the construction crew and coordination with subcontractors from award through contract completion. The Construction Superintendent shall be a U.S. citizen and have at least ten (10) years of experience in office and related construction of similar size, scope, and complexity to the subject project clearly specified on his or her resume. The Construction Superintendent shall be available and able to commit to the project.

(iv) Quality Control/Assurance Coordinator. The Contractor shall designate a Quality Control/Assurance Coordinator for this contract. This individual shall be responsible for coordinating the Quality Control/Assurance of the work and the execution of the Contractor’s Design and Construction Quality Control Plan. The Construction Superintendent shall be a U.S. citizen and have at least ten (10) years of experience in office and related construction of similar size, scope, and complexity to the subject project clearly specified on his or her resume. The Quality Control/Assurance Coordinator shall be available and able to commit to the project.

(v) Architect of Record (AOR). The Contractor shall designate an AOR for this contract. This individual shall be responsible for the design from award through contract completion. The AOR shall direct and coordinate with the entire design team, including subcontractors and outside associates and consultants. The AOR shall be a licensed architect, a U.S. citizen, and have at least ten (10) years of experience in office and related design and construction of similar size, scope, and complexity to the subject project clearly specified on his or her resume. The AOR shall be available and able to commit to the project.

(vi) Engineer(s) of Record (EOR). The Contractor shall designate an EOR for each required engineering discipline for this contract. This individual(s) shall be responsible for the engineering from award through contract completion. The EORs shall direct and coordinate with the entire engineering team, including subcontractors and outside associates and consultants. Each EOR shall be a licensed engineer, U.S. citizen, and have at least ten (10) years of experience in office and related design and construction of similar size, scope, and complexity to the subject project clearly specified on his or her resume. The EORs shall be available and able to commit to the project.

(vii) Scheduler. The Contractor shall designate a Scheduler for this contract. This individual shall be responsible for coordinating with the GSA during the preparation and maintenance of the Project Schedule. The Contractor’s Scheduler shall have authority to act on behalf of the Contractor in fulfilling the Project Schedule requirements of the Contract. The Contractor’s Scheduler

(The Agreement) Page 17 of 51 shall have at least ten (10) years of CPM scheduling on projects of similar size, scope, and complexity to the new facility that is clearly specified on his or her resume. The Scheduler shall also have taken, and provide proof of, at least one CPM training class within the past 5 years. The Contractor agrees that if the Contracting Officer provides written notice to the Contractor that the Scheduler is not performing the duties to the satisfaction of the Government;

the Contractor shall change such representative at no additional cost to the Government. Within fifteen (15) calendar days of receipt of such written notice, the Contractor shall propose a new Scheduler for approval by the Contracting Officer. Until the Contracting Officer approves of any such replacement, the Government reserves the right to reject any Project Schedule.

(4) When an individual who was specifically identified and agreed to during negotiations has qualifications that significantly exceed the minimum standards stated in paragraph (3) above, any substitution made in accordance with paragraph (2) above shall be similar to the higher level of qualifications.

Document: R1 DB101 / AUGUST 2020 IV. CONTRACT CLAUSES (The Agreement) Page 18 of 51

IV. CONTRACT CLAUSES

IV.A. Clauses Incorporated in Full Text

(1) GSAR 552.204-9 PERSONAL IDENTITY VERIFICATION REQUIREMENTS (JUL 2020)

(a) The Contractor shall comply with GSA personal identity verification requirements, available at https://www.gsa.gov/hspd12, if Contractor employees require access to GSA controlled facilities or information systems to perform contract requirements.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have access to a GSA-controlled facility or access to a GSA-controlled information system.

(End of clause)

(2) FAR 52.204-25, PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means-

(1) Telecommunications equipment produced by Huawei Technologies Company or

ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera

Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the

Director of National Intelligence or the Director of the Federal Bureau of

Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means-

(The Agreement) Page 19 of 51

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part

774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of

Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of

Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal

Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the

Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is

(The Agreement) Page 20 of 51 prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition

Regulation 4.2104.

(1) 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. The

Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) 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, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in

FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors 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.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the

Contractor shall report the information in paragraph (d)(2) of this clause to the

(The Agreement) Page 21 of 51

Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the

Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense,…