47PB0023R0012 IDIQ Draft Agreement.pdf

Construction Contract for: Multiple Award, Indefinite Delivery/Indefinite Quantity (IDIQ) Contract with Task Orders valued over the Simplified Acquisition Threshold (currently $250,000.00) for Construction Services at GSA-Owned and GSA-Leased Federal Facilities Located in the Six (6) New England States of GSA Region 1

The Draft Agreement

Table of Contents

I. Project Information

A. Project Summary

B. The Contract

C. Period Of Performance

D. Work Conditions/Site Requirements

E. Authorized Representatives

F. Contract Liquidated Damages Rate

G. Buy American Exceptions

H. Statement of Work, Specifications, Drawings

II. Prices

A. Basis of Pricing

B. Contract Price Form

III. Terms and Conditions

A. Commencement, Prosecutions and Completion of Work

B. Contractor Responsibilities

C. Submittals

D. Finality of Contract Modifications

E. Liquidated Damages

F. Insurance Requirements

G. Order of Precedence

H. Administrative Matters

I. Non-Compliance with Contract Requirements

J. Safeguarding Sensitive Data and Information Technology Resources

K. Options and Allowances

L. Additional Terms and Conditions

i. GSAR 552.236-74, Evaluation of Options

ii. GSAR 552.236-77, Government’s Right to Exercise Options

IV. Contract Clauses

A. Clauses Incorporated in Full Text

1. FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

2. FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 08)

3. GSAR 552.204-9 Personal Identity Verification Requirements (JUL 2021)

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

5. FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)

6. Buy American Requirements

7. FAR 52.228-11, Pledges of Assets (DEVIATION APR 2020)

8. FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEVIATION APR 2020)

9. FAR 52.219-14, Limitations on Subcontracting (SEP 2021)

10. Additional Clauses

i. FAR 52.222-30, Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method) (Aug 2018)

11. Special 8(a) Requirements

12. FAR 52.244-5, Competition in Subcontracting (DEC 96)

B. Clauses Incorporated by Reference

C. Subcontract Requirements

I. PROJECT INFORMATION

I.A. Project Summary

GSA Region 1 is seeking IDIQ holders for minor alteration construction projects for three geographic zones: North, Boston, and South. The IDIQ holders will work on projects for the Budget Activity 54 (BA54) Programs and Budget Activity 80 (BA80) Programs, which are repair and alteration (R&A) projects that are not a part of a congressional appropriation line item.

Typical non-Prospectus Level projects include initial space alterations, repairs, remodeling, improvements, and other related changes to public buildings with a cost ranging from the simplified acquisition threshold (currently $250,000) to the annual prospectus limit (currently $3,613,000).

GSA is looking to award approximately five Indefinite-Delivery, Indefinite-Quantity (IDIQ) contracts for each of the three geographic zones listed above. In addition, there will be a “bench” of three-to-five contractors for each of the geographic zones which could be on-boarded. Work will include, but will not be limited to, General Construction, Demolition, Carpentry, Electrical, Plumbing, HVAC and Mechanical, Roofing, Fire Suppression, etc. The term of the anticipated IDIQ contracts will be one base-year with four option years. When submitting proposals, contractors should clearly indicate which of the zones the proposal is for.

If contractors are proposing for more than one zone, they should submit a separate proposal for each individual zone.

North Zone Buildings include (but are not limited to):

Maine:

Land Port of Entry 180 International Ave.

Calais, ME 04619

U.S. Border Station Ferry Point 3 Customs Street Calais, ME 04619

U.S. Border Station Milltown 534 North Street Calais, ME 04619

U.S. Border Station Boundary Line Road Fort Fairfield, ME 04742

U.S. Border Station U.S. Route 1 Fort Kent, ME 04743

U.S. Border Patrol Houlton Section Headquarters 96 Calais Road, Rt. 1 Hodgdon, ME 04730

U.S. Border Station Interstate 95 Houlton, ME 04530

Land Port of Entry Interboundary Line, State Rt. 6 Jackman, ME 04945

U.S. Border Station Route 229 Limestone, ME 04750

U.S. Border Station Bridge Road Madawaska, ME 04756

U.S. Border Station U.S. Route 1 Orient, ME 04471

U.S. Border Station St. Pamphile Saint Francis, ME 04774

U.S. Border Station 173 Acadian Way Van Buren, ME 04785

U.S. Border Station Route 6, Water Street Vanceboro, ME 04491

SSA Trust Fund Building 365 Main Street Presque Isle, ME 04769

Edmund S. Muskie Federal Building 40 Western Avenue Augusta, ME 04330

Margaret Chase Smith Federal Building, U.S. Post Office and Courthouse 202 Harlow Street Bangor, ME 04401

Edward T. Gignoux U.S. Courthouse 156 Federal Street Portland, ME 04101

U.S. Customhouse 312 Fore Street Portland, ME 04101

Vermont:

Winston Prouty Federal Building 11 Lincoln Street Essex Junction, VT 05452

SSA Trust Fund Building School Street Montpelier, VT 05602

Federal Building U.S. Post Office and Courthouse State Street Montpelier, VT 05602

Federal Building, U.S. Post Office and Courthouse Rutland, VT

Federal Building, U.S. Post Office and Custom House 50 South Main Street St. Albans, VT 05478

U.S. Border Station Vermont Rt. 225 Alburgh, VT 05440

U.S. Border Station 2812 Alburgh Springs Road Alburgh Springs, VT 05440

U.S. Border Station Main Street Beebe Plain, VT 05823

U.S. Border Station State Route 102 Beecher Falls, VT 05902

U.S. Border Station State Route 102 Canaan, VT 05903

U.S. LPOE

Route 5 Derby Line, VT 05830

U.S. LPOE

Interstate Route 91 Derby Line, VT 05830

U.S. Border Station 482 Welcome Center Rd Highgate Springs, VT

U.S. Border Station State Rte 118 West Berkshire, VT

U.S. Border Station 807/743 Vermont Rt. 243 North Troy, VT

East Richford U.S. Border Station 357 Glen Sutton Road Richford, VT 05476

Richford U.S. Border Station 705 Province Street Richford, VT 05476

U.S. Border Patrol Sector Headquarters 155 Grand Avenue, Rte 7 Swanton, VT 05488

U.S. Post Office and Courthouse 11 Elmwood Avenue Burlington, VT 05401

SSA Trust Fund Building 58 Pearl Street Burlington, VT 05401

U.S. LPOE (OLD)

743 VT Route 243 North Troy, VT

U.S. LPOE (NEW)

807 VT Route 243 North Troy, VT

U.S. LPOE

State Route 114 Norton, VT

New Hampshire:

James C. Cleveland Federal Building 53 Pleasant Street Concord, NH 03301

Warren B. Rudman U.S. Courthouse 55 Pleasant Street Concord, NH 03301

Norris Cotton Federal Building 275 Chestnut Street Manchester, NH 03101

Thomas J. McIntyre Federal Building 80 Daniel Street Portsmouth, NH 03801

SSA Trust Fund Building 177 Main Street Littleton, NH 03561

Boston Zone Buildings Include (but are not limited to):

Boston:

Captain John F. Williams Coast Guard Building 408 Atlantic Avenue Boston, MA 02110

John W. McCormack U.S. Post Office and Courthouse 5 Post Office Square Boston, MA 02109

John J. Moakley U.S. Courthouse One Courthouse Way Boston, MA 02210

John F. Kennedy Federal Building 15 New Sudbury Street Boston, MA 02203

Thomas P. O’Neill, Jr. Federal Building 10 Causeway Street Boston, MA 02222

Metro Boston:

Fredrick C. Murphy Federal Center 380 Trapelo Road Waltham, MA 02452

Social Security Admin District Office Main & Fountain Streets Haverhill, MA 01830

IRS Center 310 Lowell Street Andover, MA 05501

South Zone Buildings Include (but are not limited to):

Connecticut:

Brien McMahon Federal Building and U.S. Courthouse 915 Lafayette Boulevard Bridgeport, CT 06604

Abraham A. Ribicoff Federal Building and U.S. Courthouse 450 Main Street Hartford, CT 06103

William R. Cotter

135 High Street Hartford, CT 06103

Robert N. Giaimo Federal Building 150 Court Street New Haven, CT 06510

Richard C. Lee U.S. Courthouse Church and Court Streets New Haven, CT 06471

Social Security Administration 147 Litchfield Street Torrington, CT 06790

Western Massachusetts:

Philip J. Philbin

881 Main Street Fitchburg, MA 01420

Silvio O. Conte Federal Building 78 Center Street Pittsfield, MA 01201

U.S. Courthouse 310 State Street Springfield, MA 01105

Harold D. Donohue Federal Building 595 Main Street Worcester, MA 01608

Southern Massachusetts and Rhode Island:

Federal Building and U.S. Courthouse 1 Exchange Terrace Providence, RI

John O. Pastore Federal Building and U.S. Post Office 2 Exchange Terrace Providence, RI 02903

Social Security Administration 400 North Main Street Fall River, MA 02720

U.S. Custom House 37 North Second Street New Bedford, MA 02740

Hastings Keith Federal Building 53 North Sixth Street New Bedford, MA 02740

I.B. The Contract

The Contract consists of the SF1442, the Agreement, Ordering Procedures, 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.

I.C. Period of Performance

The time for completion for each Task Order shall be determined under each individual Task Order. Task Orders under this contract may be awarded by the designated, warranted ordering officials at any time within the Contract period. The actual performance of the work may extend beyond the Contract period. Each Task Order shall specify dates for starting work and completing work at the job site. Time shall be computed starting with the date the Task Order was received by the contractor.

Task Orders may include an option for separately priced line items represented as Contract Line Item Numbers (CLINs). The Task Order shall include an option clause substantially the same as: “The Government reserves the right to exercise any or all of the options listed in the Task Order Schedule (the Award Document) not later than calendar days after (1) Receipt of the Notice to Proceed or (2) the Contract Award Date.” The Task Order Request for Proposals shall also include a provision substantially the same as FAR 52.217-3 Evaluation Exclusive of Options, FAR 52.217-4, Evaluation of Options Exercised at Time of Contract Award, or FAR 52.217-5, Evaluation of Options.

I.D. Work Conditions/Site Requirements

Knowledge of Conditions Affecting Price.

Clauses FAR 52.236-27, Site Visit - Construction, FAR 52.236-3, Site Investigations and Conditions Affecting the Work, and FAR 52.236-3, Site Investigations and Conditions Affecting the Work, are incorporated by reference in this Contract and any Task Orders resulting from this contract. The Contractor shall be presumed to have established its proposal 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.

Contractors are urged and expected to inspect the site where the work will be performed, and Tasks Orders will provide instructions on how and when visits can be conducted.

No oral statement made by a Government representative during any site visit or pre proposal conference, nor any written record of such oral statements as may be made and subsequently furnished to the offeror, will be deemed to have the effect of adding to, modifying, or otherwise varying from the written provisions of the request for proposals (including, but not limited to specifications, drawings and written amendments to the solicitation). In the event the discussion or questions raised during the site visit or preproposal conference indicate a need to modify the request for proposals, an amendment to the solicitation will be issued in writing.

Each individual Task Order will specify any known, unique site requirements.

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: Sebastian Asaro

Address: 10 Causeway St, Boston, MA

Telephone: 646-398-0455

Email:Sebastian.Asaro@gsa.gov

Alternate POC Information

Name: Stephenie Klein

Address: 275 Chestnut Street Manchester, NH

Telephone: (617) 565-5005

Email: stephanie.klein@gsa.gov

Name: Adam Katzman

Address: 10 Causeway St, Boston, MA, 02222

Telephone: (617) 282 2420

Email: Adam.Katzman@gsa.gov

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

I.F. Contract Liquidated Damages Rate Liquidated Damages for each individual Task Order, if required, shall be identified in the mailto:Adam.Katzman@gsa.gov

Requests for Proposal for each individual Task Order, as applicable.

I.G. Buy American Exceptions For the applicable Buy American clause and any exceptions, see Section IV of this Agreement.

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

The following documents are incorporated by reference into this Contract:

(1) IDIQ Agreement XXX

(2) Attachment A - SF1442 XXX

(3) Attachment B - Contract Pricing Forms

(4) Attachment C - Ordering Guide XXX

I.I On-Boarding/Off-Boarding

For each of the Geographic Zones, between three and five contract awards will be issued. The total number of Contractors within any of the Geographic Zones may fluctuate due to any number of reasons including but, not limited to, competition levels on task orders, mergers & acquisitions; the Government's exercise of the off-board process; and IDIQ Contractors outgrowing their small business size status under their existing IDIQ Contract. It is in the

Government’s best interest that there remain an adequate number of Contractors eligible to compete for task orders in each Geographic Zone to meet the Government’s mission requirements. Contractors are hereby notified that utilization of any on-boarding procedure below does not obligate the Government to perform any other on-boarding procedure.

Furthermore, any on-boarding procedure may be performed for any single Geographic Zone at any time.

On-Boarding Process

GSA will determine whether it would be in the Government’s best interest to initiate an open season to add additional Contractors to any of the Geographic Zones at any time, subject to the following conditions.

1. Upon award of the IDIQ, an On-Boarding Pool will be created for each Geographic

Zone, with the next highest contractors who were not awarded an IDIQ award being included in the Pool.

2. All contractors in each On-Boarding Pool are ranked according to the same evaluation criteria used in the IDIQ solicitation evaluation.

3. The Contracting Officer notifies all IDIQ and Pool vendors in the respective

Geographic Zone that the On-Boarding procedure is being initiated.

4. The Contracting Officer engages the first contractor to determine whether they are still willing and capable of holding an IDIQ contract.

5. The award decision under the On-Boarding process is based upon substantially the same evaluation factors/subfactors as the original solicitation

6. The terms and conditions of any resulting awards are materially identical to the existing version of the IDIQ Vendors and,

7. The period of performance term for any new awards is coterminous with the existing term for all other Contractors

Immediately upon on-boarding, the Contractor is eligible to submit a proposal in response to any task order solicitation and receive task order awards with the same rights and obligations as any other Contractor.

DORMANT STATUS

GSA is responsible for ensuring performance and compliance with the terms of IDIQ and safeguarding the interests of the Government and the American taxpayer in its contractual relationships. Additionally, GSA must ensure that Contractors receive impartial, fair, and equitable treatment. This IDIQ must be reserved for high performing Contractors. Accordingly, if the IDIQ CO determines that any requirement of the vehicle is not being met, an IDIQ

Contractor may be placed into Dormant Status.

Dormant status may be activated for a given Geographic Zone that a Contractor has been awarded or Dormant Status may be activated for all Geographic Zones. If Dormant Status is activated, the Contractor shall not be eligible to participate or compete in any subsequent task order solicitations while the Contractor is in Dormant Status; however, Contractors placed in

Dormant Status shall continue performance on previously awarded and active task orders, including the exercise of options and modifications at the task order level. Dormant Status is not a Debarment, Suspension, or Ineligibility as defined in FAR Subpart 9.4 or a Termination as defined in FAR Part 49. Dormant Status is a condition that applies to the IDIQ contract only.

Grounds for being placed in Dormant Status specifically include, but are not limited to, trends or patterns of behavior associated with the failure to meet the deliverables and compliances specified under this contract. Dormant status will only be imposed after careful consideration of the situation and collaboration with the Contractor to resolve the issues.

To place a Contractor in Dormant Status, the IDIQ CO must first send a letter, in writing, to the

Contractor regarding the poor performance or non-compliance issue. The Contractor shall have reasonable time, at the discretion of the IDIQ CO, to provide the IDIQ CO with a remediation plan to correct the deficiencies/issues. If the IDIQ CO is satisfied with the Contractor’s response, the Contractor will not be placed in Dormant Status. If the IDIQ CO is not satisfied with the response, or the remediation plan is not effective, the CO may issue a final decision, in writing, placing the Contractor in a Dormant Status.

OFF-BOARDING PROCEDURE

GSA reserves the unilateral right to Off-Board non-performing Contractors. Contractors that are

Off-Boarded have no active task orders under their Geographic Zone at the time of the Off-

Boarding. Contractors under more than one Geographic Zone will only be off-boarded from the

Geographic Zone where the non-performing issues have occurred. Off-boarding methods may result from one of the following conditions:

1. Permitting the Contractor’s IDIQ Contract term to expire instead of exercising the option period

2. After a Contractor is placed in Dormant Status and the Contractor has completed all previously awarded task orders under the IDIQ

3. Debarment, Suspension, or Ineligibility as defined in FAR Subpart

4. Termination as defined in FAR Part 49

5. Contractors who fail to meet the standards of performance, deliverables, or compliances

6. Taking any other action which may be permitted under the IDIQ terms and conditions

II. PRICES

II.A. Contract Price Form

(See Attachment B)

III. TERMS AND CONDITIONS

III.A. Commencement, Prosecution, and Completion of Work (applicable at the Order level)

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. All security PIV cards issued during a task order must be returned to the Government before final payment. A minimum of 10% retainage shall be captured in the schedule of values for closeout procedures.

III.B. Contractor Responsibilities

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

(1) 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.

(2) FAR 52.236-1 (April 1984) - The Contractor shall perform on the site, and with its own organization, work equivalent to at least 15% percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction, and the Contracting Officer determines that the reduction would be to the advantage of the Government

(3) Twice a year the contractor should be prepared to meet with the government to discuss the base contract. The meeting will consist of discussing the contractor performance as well as methods to improve the contract for the contractors.

(4) Contractors must submit a safety plan before commencing work. Renovation and repair work shall comply with all OSHA worker safety requirements, including but not limited to; worker PPE (hard hats, eye protection, safety shoes etc.) and a designated safety officer.

III.C. Submittals

FAR 52.236-21, Specifications and Drawings for Construction, GSAR 552.236-73, Submittals located in Section IV.A. of the Agreement is supplemented as follows:

(1) The Contractor shall prepare and submit to the Contracting Officer shop drawings, samples, calculations, product information, mockups, 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 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. 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) Exhibits and Other Attachments

III.F. Administrative Matters

(1) 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 electronically to the designated billing office specified in this Contract or in individual delivery/work orders. An electronic copy of the invoice shall be sent to the CO and COR as designated after award.

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

(c) The attachment title cannot contain any of the following characters: ( ) [ ] \ / . ; : “ |

(d) The Contractor shall submit the following information or documentation with each invoice:

(i) Updated Schedule of Values upon which the payment request is based;

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

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

(iv) Final Payment. GSA will not be obligated to issue final payment unless the Contractor has furnished to the Contracting Officer a release of claims against the Government relating to this Contract, and submitted all required product warranties, as-built drawings, operating manuals, and other items as specified in the Contract. The Contractor may reserve from the release specific claims only if such claims are explicitly identified with stated claim amounts. All release forms must bear the original signature of the signer and must be affixed with the Contractor’s corporate seal or the seal of a Notary Public.

(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 Office of the Chief Financial Officer. 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 (including subcontractors). .

(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 GSA Access Card . USAccess Credentialing Centers can be located at US Access Centers .

(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). Project Schedule. A rough project schedule shall be provided by the contractor for each task order proposal.

(7). Access and Parking. Parking pass authorization and spaces shall be at the COR and Property Managers discretion per Task Order. if authorized, it will be the contractor's responsibility to obtain parking passes and display daily per facility requirements.

(8). Demolition and Dust Control in Facilities. All demolition work, fire suppression, building water, and alarm shutdowns shall be performed off hours, requested via an afterhours work request unless otherwise authorized by the Contracting Officer. Off hours are defined as Monday-Friday 0600 p.m. - 0600 a.m. and Weekends. Contractor shall include in every task order a demolition and dust control plan that includes daily measures for power tools, building, and HVAC dust control measures daily. Roll off Dumpsters and live load trucks shall be covered or use approved dust control and containment measures.

https://finance.ocfo.gsa.gov/pii/piinotice.aspx?token=PI002 https://finance.ocfo.gsa.gov/pii/piinotice.aspx?token=PI002 http://www.gsa.gov/portal/category/107203 http://www.gsa.gov/portal/category/107203 http://www.fedidcard.gov/centerlist.aspx http://www.fedidcard.gov/centerlist.aspx

(9). Waste Management Plan. Contractor shall provide a waste management plan and waste diversion documentation for every task order.

(10). Electronic Management Tool. Contractors shall use GSA’S Kahua project management system.

(11) Safeguarding and Dissemination of Controlled Unclassified Information (CUI) Building Information

This clause applies to all recipients of CUI building information (which falls within the CUI Physical Security category), including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers and manufacturers.

Marking CUI. Contractors must submit any contractor-generated documents that contain building information to GSA for review and identification of any CUI building information that may be included. In addition, any documents GSA identifies as containing CUI building information must be marked in accordance with the Order and the Marking Controlled Unclassified Information Handbook (the current version may be found at https://www.archives.gov/files/cui/20161206-cui-marking-handbook-v1-1.pdf) before the original or any copies are disseminated to any other parties. If CUI content is identified, the CO may direct the contractor, as specified elsewhere in this contract, to imprint or affix CUI document markings (CUI) to the original documents and all copies, before any dissemination, or authorized GSA employees may mark the documents.

1. Authorized recipients.

a. Building information designated as CUI must be protected with access strictly controlled and limited to those individuals having a Lawful Government Purpose to access such information, as defined in 32 C.F.R. § 2002.4(bb). Those with such a Lawful Government Purpose may include Federal, state and local government entities, and non-governmental entities engaged in the conduct of business on behalf of or with GSA. Non-governmental 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 Lawful Government Purpose to access such information. If a subcontractor is not registered in the SAM database and has a Lawful Government Purpose to possess CUI building information in furtherance of the contract, the subcontractor must provide to the contractor its DUNS number or its tax ID number and a copy of its business license. The contractor must keep this information related to the subcontractor for the duration of the contract and subcontract.

b. All GSA personnel and contractors must be provided CUI building information when needed for the performance of official Federal, state, and local government functions, such as for code compliance reviews and the issuance of building permits. Public safety entities such as fire and utility departments may have a Lawful Government Purpose to access CUI building information on a case-by-case basis. This clause must not prevent or encumber the necessary dissemination of CUI building information to public safety entities.

2. Dissemination of CUI building information:

a. By electronic transmission. Electronic transmission of CUI information outside of the GSA network must use session encryption (or alternatively, file encryption) consistent with National https://www.archives.gov/files/cui/20161206-cui-marking-handbook-v1-1.pdf https://www.archives.gov/files/cui/20161206-cui-marking-handbook-v1-1.pdf https://www.archives.gov/files/cui/20161206-cui-marking-handbook-v1-1.pdf

Institute of Standards and Technology (NIST) SP 800- 171. Encryption must be through an approved NIST algorithm with a valid certification, such as Advanced Encryption Standard or Triple Data Encryption Standard, in accordance with Federal Information Processing Standards Publication 140-2, Security Requirements for Cryptographic Modules, as required by GSA policy.

b. By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include CDs, DVDs, and USB drives. Nonelectronic forms of CUI building information include paper documents, photographs, and film, among other formats.

i. By mail. Contractors must only use methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt. CUI markings must not appear on the exterior of packages.

ii. In person. Contractors must provide CUI building information only to authorized recipients with a Lawful Government Purpose to access such information. Further information on authorized recipients is found in section 1 of this clause.

3. Record keeping. Contractors must maintain a list of all entities to which CUI 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 CUI has been disseminated; (2) the name of the individual at the entity or firm who is responsible for protecting the CUI building information, with access strictly controlled and limited to those individuals having a Lawful Government Purpose to access such information; (3) contact information for the named individual; and (4) a description of the CUI 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 suppliers, and submit them to the CO. For Federal buildings, final payment may be withheld until the lists are received.

4. Safeguarding CUI documents. CUI building information (both electronic and paper formats) must be stored within controlled environments that prevent unauthorized access. GSA contractors and subcontractors must not take CUI 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 Lawful Government Purpose for access.

5. Destroying CUI building information. When no longer needed, CUI building information must either be returned to the CO or destroyed in accordance with guidelines in NIST Special Publication 800-88, Guidelines for Media Sanitization.

6. Notice of disposal. The contractor must notify the CO that all CUI building information has been returned or destroyed by the contractor and its subcontractors or suppliers in accordance with paragraphs 4 and 5 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.

7. CUI security incidents. All improper disclosures or receipt of CUI building information must be immediately reported to the CO and the GSA Incident Response Team Center at gsa-ir@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 CUI 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.

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

[End of clause]

III.G. 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.H. 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.

https://www.gsa.gov/directives-library https://www.gsa.gov/directives-library

III.I. Options and Allowances

See the SF 1449 for Option CLIN information.

III.J. Additional Terms and Conditions

1. Clauses in Full

OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor.

The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

(End of clause)

OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from September 1, 2023 through August 31, 2024.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $250,000.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $3,613,000.00;

(2) Any order for a combination of items in excess of $3,613,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

https://www.acquisition.gov/far/52.216-21#FAR_52_216_21

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after August 31, 2025.

(End of clause)

Economic Price Adjustment Clause

The Government reserves the right to issue task orders with an Economic Price Adjustment factor included within. The template of that Economic Price Adjustment is as follows:

The Government estimates that, solely for the purposes of any future EPA calculation, the material4 listed at “A” in the chart below represents 17%5 of the total price. Once the offer is accepted, the index monitor mechanism (or “C” in the chart below) is the reference point for calculating future adjustments (upward or downward). The aggregate of the increases (or decreases) to the Total Line-Item Amount under this clause shall not exceed 10 percent of the original Total Line Item Amount. EPA applies only if the material at “A” changes upward by

“D” or downward by “E”. The worksheet must be completed as the means for a future economic price adjustment, if applicable. Only material identified in this worksheet is eligible for an EPA.

A. __________ (Material)

B. __________ (Price per unit of measure at time of award)6

C. __________ (Index monitor mechanism)

D. __________ (Upward adjustment from B trigger percentage)

E. __________ (Downward adjustment from B trigger percentage)

F. __________ (Trigger percentage time measurement) G. __________ (Contractor notification timing)

Total Line Item Amount: __________(Fixed-Price)

Monthly adjustments submitted by the contractor must include documentation directly from the index monitor mechanism matching the information provided by the contractor. The six-month measurement period is on a rolling basis. Any upward adjustment may be invoiced as soon as a modification to add the upward adjustment amount has been completed. In any case, modifications should be completed within 457 days. Any downward adjustment amount(s) will be removed from the final invoice of the applicable period of performance.

4. This sample language can be modified for use in labor adjustments, as opposed to material adjustments, as applicable. Labor indices that could potentially be used include the Bureau of Labor Statistics (BLS) Producer Price Index, or the Employment Cost Index.

5 This percentage must be updated by the acquisition team after conducting market research, reviewing historical costs, and preparation of the independent Government estimate. The number listed in the sample language is hypothetical and used for example purposes only.

6 In contracts that do not require submission of certified cost or pricing data, the contracting officer shall obtain adequate data to establish the base level from which adjustment will be made and may require verification of data submitted.

7 The number listed in the sample language is hypothetical, and used for example purposes only.

2. Clauses for Base

I. FAR 52.203-3 Gratuities (Apr 1984) II. FAR 52.203-5 Covenant Against Contingent Fees (may 2014) III. FAR 52.203-7 Anti-Kickback Procedures (Jun 2020) IV. FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity (May 2014) V. FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May

2014)

VI. FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020)

VII. FAR 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) VIII. FAR 52.203-14 Display of Hotline Poster(s) (Nov 2021) IX. FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To

Inform Employees of Whistleblower Rights (Jun 2020) X. FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (Jan 2017) XI. FAR 52.204-2 Security Requirements, Alternate II (Apr 1984) XII. FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content

Paper (May 2011) XIII. FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan

2011) XIV. FAR 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards (Jun 2020) XV. FAR 52.204-13 System for Award Management Maintenance (Oct 2018) XVI. FAR 52.204-15 Service Contract Reporting Requirements for Indefinite-

Delivery Contracts (Oct 2016) XVII. FAR 52.204-18 Commercial and Government Entity Code Maintenance

(Aug 2020) XVIII. FAR 52.204-19 Incorporation by Reference of Representations and

Certifications (Dec 2014) XIX. FAR 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems (Nov 2021) XX. FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) XXI. FAR 52.204-25 Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment (Nov 2021) XXII. FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) XXIII. FAR 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters (Oct 2018) XXIV. FAR 52.209-10 Prohibition on Contracting with Inverted Domestic

Corporations (Nov 2015) XXV. FAR 52.210-1 Market Research (Nov 2021) XXVI. FAR 52.211-10 Commencement, Prosecution, and Completion of Work

(Apr 1984) XXVII. FAR 52.211-10 Commencement, Prosecution, and Completion of Work, Alternate I (Apr 1984) XXVIII. FAR 52.215-19 Notification of Ownership Changes (Oct 1997) XXIX. FAR 52.216-19 Order Limitation (Oct 1995) XXX. FAR 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020) XXXI. FAR 52.219-8 Utilization of Small Business Concerns (Oct 2018) XXXII. FAR 52.219-9 Small Business Subcontracting Plan (Nov 2021) XXXIII. FAR 52.219-10 Incentive Subcontracting Program (Oct 2014) XXXIV. FAR 52.219-13 Notice of Set-Aside of Orders (Mar 2020) XXXV. FAR 52.219-13 Notice of Set-Aside of Orders, Alternate I (Mar 2020) XXXVI. FAR 52.222-12 Contract Termination-Debarment (May 2014) XXXVII. FAR 52.224-1 Privacy Act Notification (Apr 1984) XXXVIII. FAR 52.224-2 Privacy Act (Apr 1984) XXXIX. FAR 52.224-3 Privacy Training (Jan 2017)

XL. FAR 52.224-3_Alternate I (Jan 2017) XLI. FAR 52.233-1 Disputes (May 2104) XLII. FAR 52.233-3 Protest after Award (Aug 1996) XLIII. FAR 52.242-13 Bankruptcy (July 1995) XLIV. FAR 52.246-26 Reporting Nonconforming Items (Nov 2021) XLV. FAR 52.251-1 Government Supply Sources (Apr 2012) XLVI. FAR 52.252-2 Clauses Incorporated by Reference (Jan 1991) XLVII. FAR 52.252-4 Alterations in Contract (Apr 1984) XLVIII. FAR 52.252-6 Authorized Deviations in Clauses (Nov 2020) XLIX. FAR 52.253-1 Computer Generated Forms (Jan 1991)

3. Clauses for Task Orders I. FAR 52.211-12 Liquidated Damages-Construction (Sept 2000) II. FAR 52.211-13 Time Extensions (Sept 2000) III. FAR 52.211-18 Variation in Estimated Quantity (Apr 1984) IV. FAR 52.215-2 Audit and Records-Negotiation (Jun 2020) V. FAR 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (Aug

2011) VI. FAR 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-

Modifications (Jun 2020)…