RFP Document 4 V1- Agreement CMc REVISED 2026 02 26.pdf

Sol. Reference No. 47PB0025R0044 GSA Contract No:

Document: CMc101/MAY 2025 (The Agreement)

Construction Manager as Constructor (CMc) Contract for:

New Land Porty of Entry (LPOE), Coburn Gore, ME

The Agreement

Revised Dated 26 February 2026

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, Exhibits and Other Attachments

II. Prices

A. Basis of Pricing B. Contract Price Form

III. Terms and Conditions

A. Definitions B. Contractor Responsibilities C. Contractor Management and Personnel D. Project Schedule E. Submittals F. Finality of Contract Modifications G. Liquidated Damages H. Insurance Requirements I. Performance and Payment Bonds J. Order of Precedence K. Administrative Matters L. Non-Compliance with Contract Requirements M. Requirements for GSA Information Systems N. 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. GSAR 552.236-79, Construction-Manager-As-Constructor

2. GSAR 552.236-80, Accounting Records and Progress Payments -

Applicable to small business awardees only

3. FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders-

Prohibition Alternate I

4. FAR 52.223-2 Reporting of Biobased Products Under Service and

Construction Contracts

5. FAR 52.223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items

6. GSAR 552.204-9 Personal Identity Verification Requirements (APR 2023)

7. GSAR 552.252-6 Authorized Deviations in Clauses

8. FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

9. Buy American Requirements

10. FAR 52.228-11, Pledges of Assets

11. FAR 52.232-40, Providing Accelerated Payments to Small Business

Subcontractors

12. Project Labor Agreement – N/A to this project

13. FAR 52.244-5, Competition in Subcontracting

B. Clauses Incorporated by Reference

C. Subcontract Requirements

I. Project Information

I.A. Project Summary

This is a Construction Manager as Constructor (CMc) Contract and includes requirements for the Design Phase Services and the option(s) for Construction Services at a Guaranteed Maximum Price (GMP) Option. The project shall adhere to the GSA Design Excellence and Operational Excellence guidelines, and the 2025 PBS Core Building Standards.

Background: The proposed expansion and modernization of the Land Port of Entry (LPOE) complex located at 6092 Arnold Trail in Coburn Gore, Maine, was designed to strengthen supply chains, improve operational capabilities and facility infrastructure, spur economic growth, and bolster the country’s security. This LPOE is designated within the National Register of Historic Places (NRHP) and was originally constructed in 1932. The 3.6-acre U.S. Inspection Station – Coburn Gore, Maine was entered into the National Register of Historic Places (NRHP) on 9/10/14. Important in the history of border security in the United States, Coburn Gore LPOE is one of several extant examples of a wave of border crossing stations constructed between 1930 – 1943, as further detailed in the related 2014 Multiple Property Listing for U.S. Border Inspection Stations 1930 – 1943. The deficiencies at the LPOE fall into two broad categories: 1) limited capacity and facilities for port operations; and 2) the condition of the existing buildings.

Thus, the expansion and modernization of the LPOE would provide a port that is functional, accessible, and equitable for U.S. Customs and Border Protection (CBP) to more efficiently carry out its agency mission and their operations and interactions with the public. Upon completion, the LPOE is anticipated to address these deficiencies and facilitate the efficient functioning of CBP operations while adhering to their POR, 2023 Design Standards, and the 2025 PBS Core Building Standards.

Project Goals: The main goals for this project include the following:

1. Maintain full operations and current throughputs for all Port agencies throughout

Construction.

2. Maintain accessibility throughout the site during construction implementation.

3. Maintain site security throughout construction.

4. Ensure Continuous availability of utilities (power, phone/data, water, sewer, and stormwater) and emergency power during phased construction.

5. Deliver Design and Construction Excellence that meets CBP’s POR, CBP 2023 Design Standards, and PBS’s Core Building Standards.

6. Address significant problems and issues with each existing facility and its surrounding parcel.

7. Maintain Coburn Gore’s significant historic character.

8. Provide buildings and infrastructure that incorporate durable construction materials and sustainable design elements and are climate resilient.

9. Provide an upgraded port that is functional and accessible for each customer agency, their operations, and their interactions with the public.

10. Perform design and construction efficiently and effectively using current technology tools for design, reviews, inspections, and project management processes.

11. Provide the best value to GSA, their customer agencies, the community, and the American taxpayer.

I.B. The Contract

(1) The Contract consists of the SF-1442, 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.

(2) The Construction Documents, as that term is defined in this Agreement, shall be deemed incorporated into the Contract Documents upon acceptance of all deliverables described in the

Design Phase Services Statement of Work, and shall supersede and replace all Specifications and Drawings contained in the Contract Documents at award of the Contract.

(3) In consideration for, and upon condition of, the Contractor's completion of the Design Phase

Services, GSA shall pay the Contractor the firm-fixed-price for Design Phase Services, subject to the terms and conditions set forth in this Contract. If the GMP Option is exercised, then the

Contractor shall be required to complete the Construction Services. In consideration for completion of the Construction Services under the GMP Option, the Contractor shall be entitled to the allowable cost of performance not to exceed the GMP, subject to the terms and conditions set forth in this Contract.

(4) The construction work includes all construction work on the project, including the Work performed under the GMP Option, any firm-fixed-price options, or any Contract modifications for construction work. Any construction work performed under this Contract includes all labor, materials, equipment, tools, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution of the construction work described in and reasonably inferable from the Contract Documents, whether temporary or permanent.

I.C. Period of Performance

(1) Design Phase Services

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

(b) Completion of Design Phase Services. Design Phase Services shall be complete upon acceptance of all deliverables required by the Design Phase Services Statement of Work.

Note: Design Completion is expected to be achieved in the Fall of 2026 for the Land Port of Entry and the Winter of 2026-27 for the Housing.

(2) Construction Services (the Work)

(a) Commencement of the Work. If the Government exercises the GMP Option, the Contractor shall commence performance of the construction within 10 days after the Contractor receives the Notice to Proceed (NTP) for the Work.

(b) Substantial Completion. If the Government exercises the GMP Option(s), the Contractor shall achieve Substantial Completion of the Construction Phase Work, as that term is defined in this Agreement, no later than 37 Months from issuance of Notice to Proceed (NTP) for the Work for the Land Port of Entry and 30 Months from issuance of NTP for the Work for the Housing.

(3) Contract Completion – Construction Services. If the Government exercises the GMP Option, the Contractor shall achieve Contract Completion, as the term is defined in this Agreement, within 60 calendar days of Substantial Completion.

I.D. Work Conditions/Site Requirements

Refer to Division 1 Specifications for specific 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:

Contracting Officer’s Information:

Molly A. Lewis Thomas P. O’Neill Federal Building, 10 Causeway Street, Boston, MA 617.449.8319 Molly.Lewis@gsa.gov

Administrative Contracting Officer’s Information

Michele Valenza Thomas P. O’Neill Federal Building, 10 Causeway Street, Boston, MA

(857) 383-8973 Michele.valenza@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

In accordance with GSAR 552.211-12, Liquidated Damages – Construction in Section IV of this Agreement, liquidated damages shall be calculated at the rate of $6,760 per calendar day.

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. Small Business Subcontracting Plan, mailto:Molly.Lewis@gsa.gov mailto:Michele.valenza@gsa.gov

2. Davis-Bacon Act Wage Determination – for Franklin County, ME, General Decision Number:

ME20260007, dated 01/02/2026

3. Attachments:

1. Coburn Gore LPOE CMc SOW REVISED 2 Dated 2026 02 23

2. Coburn Gore Three Phase SOW Final 2025 04 04.pdf

3. Coburn Gore AE SOW FINAL 2024 08 06.pdf

4. Coburn Gore LPOE - CMa w CxP SOW 2023 10 12.pdf

5. Colby Coburn Gore Three-Phase Final Report 2022 12 22.pdf

6. P-120 Public Buildings Service Cost and Schedule Management Policy

Requirements, October 2022

7. Coburn Gore LPOE 15Aug25 - LPOE POR at final concept.pdf

8. Coburn Gore - Updated Dormitory POR (CUI) 2024 12 09.xlsx

9. Land Port of Entry Design Standard (CUI) December 2023

10. PBS Core Building Standards Memorandum 2025 02 24

11. GSA Commissioning Guide September 2020.pdf

12. R1 GSA Room Data Sheets (CUI) July 2025.xlsx

13. R1 OE Product Standards (CUI) July 2025.xlsx

14. Coburn Gore LPOE - Design Narrative Final Concept REV 08-11-25.pdf

15. Coburn Gore LPOE Final Concept Submission Combined REV 08-11-25.pdf

16. Coburn Gore LPOE Spec TOC Final Concept Combined 08-11-25.pdf

17. Coburn Gore Housing - Preliminary Concept 2025 06 13.pdf

18. 2025 Interim Core Building Standards Submittal Matrix.

19. GSA Building Information Modeling (BIM) Guide 07

20. 3D-4D Building Information Modeling Public Link - https://www.gsa.gov/real-estate/design-and-construction/3d4d-building-information-modeling

21. Coburn Gore LPOE – Housing Package Plans dated 2025 12 05

22. Coburn Gore LPOE – Housing Package Renderings dated 2025 12 05

23. Coburn Gore LPOE – Housing Package Narrative dated 2025 12 08

24. Coburn Gore LPOE – Additional Drawing VHB dated 2026 01 21

25. Coburn Gore LPOE – Division 1 Template Sections dated 2025 07 02

26. Coburn Gore LPOE – Division 1 Table of Contents dated 2026 01 20

27. Coburn Gore Overall Impacts 2026 01 13

28. Coburn Gore Parcel Acquisition 2026 01 13

29. Coburn Gore LPOE- FFE Proposal Worksheet- REVISED dated 2026 02 26

30. Coburn Gore LPOE Commissioning Plan dated 2026 02 20

II. Prices

II.A. Basis of Pricing

(1) Contract Prices. All Contract prices set forth in this Section include all costs, including, but not limited to the cost of work performed by subcontractors and consultants, indirect costs, fees, expenses, taxes, and profit, necessary to complete the Design Phase Services (Base Contract), and firm-fixed-price options for construction work, if any, in accordance with the Contract Documents. For pricing information regarding the GMP Option, see Paragraph IV.A., Construction Manager as Constructor (CMc) Guaranteed Maximum Price with CMc Contingency Allowance and Shared Savings.

(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 is 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 construction work is to be performed on a unit price basis (Unit Priced Work), the unit price established in the Contract shall include all costs of coordinating and incorporating the Unit Price Work into the construction work. The Contractor shall only be obligated to perform Unit Priced Work to the extent that an allowance has been established in an amount sufficient to compensate the Contractor for such Unit Priced Work at the established unit prices. The Contractor shall be obligated to perform such work in excess of a unit quantity for which an Allowance is sufficient 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) Firm-fixed-price Options. If any portion of the construction work is to be performed upon the timely exercise of a firm-fixed-price option, the option price shall include all costs of coordinating and incorporating such work into the remaining construction 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.

(5) Work Packages. The Contractor and the Government may agree to develop early work packages for construction work that stand alone from the remainder of the Work. The Parties must agree bilaterally to the scope, schedule and pricing for any such work package, and Contract must be modified accordingly. If such work package reduces the scope of the Construction Services under the GMP Option, the Estimated Cost of the Work (ECW) shall be reduced, and the CMc Contingency Allowance (CCA), Fee and GMP shall be adjusted accordingly. These early work packages shall include specific completion milestones.

(6) 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.

(7) Shared Savings. The Contractor shall be entitled to the percentage of any shared savings as indicated in paragraph (g) of GSAR 552.236-79, Construction-Manager-As-Constructor (see Section IV.A)

II.B. Contract Price Form

CONSTRUCTION OPTION

CLIN ITEM PRICE

CLIN 0001 Design Phase Services (Firm Fixed Price) – Includes all Housing Options

CLIN 0002 Target Estimated Cost of Work (ECW) – Includes demolition of existing Land Port of Entry and

Housing

CLIN 0003 CMc Contingency Allowance (CCA) Percentage 3%

CLIN 0004 CCA (CLIN 0002 x CLIN 0003) $__________

CLIN 0005 Fee Percentage _____%

CLIN 0006 Fee (CLIN 0002 x CLIN 0005) $__________

CLIN 0007

Guaranteed Maximum Price (GMP) Option for

Construction Services (Total CLIN 0002 + CLIN

0004 + CLIN 0006)

CLIN 0008 Total Evaluated Price – Construction GMP Option

(CLIN 0001 + CLIN 0007)

OPTION 1 – HOUSING UNITS (18)

Build out of eighteen (18) units of CBP housing with full parking, amenities, and utility spaces.

CLIN ITEM PRICE

CLIN 0001 Target Estimated Cost of Work (ECW) $__________

CLIN 0002 CMc Contingency Allowance (CCA) Percentage 3%

CLIN 0003 CCA (CLIN 0001 x CLIN 0002) $__________

CLIN 0004 Fee Percentage _____%

CLIN 0005 Fee (CLIN 0001 x CLIN 0004) $__________

CLIN 0006

Guaranteed Maximum Price (GMP) Option 3 (Total

CLIN 0001 + CLIN 0003 + CLIN 0005) $__________

PROPOSAL RATES (APPLICABLE TO ALL BASE AND OPTIONAL ITEMS)

RATE 0001 Contractor’s Overhead Rate for Adjustments _____%

RATE 0002 Contractor’s Daily Rate for Compensable Project

Delay (per Workday)

UNIT PRICES (APPLICABLE TO BASE PROPOSAL)

UNIT PRICE

Hazardous Material Removal, Asbestos Abatement, Existing Land Port of Entry (including all associated costs)

$__________/L

F

UNIT PRICE

Hazardous Material Removal, Asbestos Abatement, Existing Land Port of Entry (including all associated costs)

$__________/S

F

UNIT PRICE

Hazardous Material Removal, Asbestos Abatement, Existing Land Port of Entry (including all associated costs)

$__________/E

A

UNIT PRICE

Hazardous Material Removal, Asbestos Abatement, Existing Housing (including all associated costs)

$__________/L

F

UNIT PRICE

Hazardous Material Removal, Asbestos Abatement, Existing Housing (including all associated costs)

$__________/S

F

UNIT PRICE

Hazardous Material Removal, Asbestos Abatement, Existing Housing (including all associated costs)

$__________/E

A

UNIT PRICE

Hazardous Material Removal, Lead Abatement, Existing Land Port of Entry (including all associated costs)

$__________/S

F

UNIT PRICE

Hazardous Material Removal, Lead Abatement, Existing Housing (including all associated costs)

$__________/S

F

UNIT PRICE

Septic Remediation and Removal, Existing Land Port of Entry (including all associated costs)

$__________/S

Y

UNIT PRICE

Septic Remediation and Removal, Existing Land Port of Entry (including all associated costs)

$__________/E

A

UNIT PRICE

Soil Remediation, Existing Land Port of Entry

(including all associated costs)

$__________/C

Y

UNIT PRICE

Soil Remediation, Existing Housing (including all associated costs)

$__________/C

Y

III. Terms and Conditions

III.A. Definitions

(1) "Design Phase" means the phase of the Project during which the design is developed and completed.

(2) "Design Phase Services" means design phase construction management services, constructability reviews and other related services as described in the Statement of Work.

(3) "Construction Documents" mean the 100% complete specifications and construction drawings developed during the Design Phase.

(4) "Work" means the Construction Services under the GMP Option

III.B. Contractor Responsibilities

GSAR 552.236-71, Contractor Responsibilities (Alternate II JAN 2020) is located in Section IV.A. of this Agreement and is supplemented as follows

(1) The Contracting Officer has sole discretion to accept or reject all or part of any proposal by the Contractor related to design.

Commencement, Prosecution, and Completion of Work

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:

Upon exercise of the GMP Option or issuance of a modification commencing construction work, the Contractor shall not commence performance until the Contracting Officer has issued NTP for the Work. The Contractor shall diligently prosecute the construction work so as to achieve Substantial Completion, as defined in GSAR 552.211-70, Substantial Completion (Mar 2019) and within the time specified in Paragraph I.C. of the Agreement. If this Contract specifies different completion dates for different phases or portions of the construction 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.

For the purposes of FAR 52.236-1, Performance of Work by the Contractor, the Contractor shall perform at least 12% percent of the construction work. The Contractor shall furnish the

Contracting Officer within 10 days after the award of the construction option, a letter outlining the items of work he will perform with his own forces.

The Contractor shall be liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of services furnished under this Contract. Neither the Government’s review or acceptance of, nor payment for, the design services required under this Contact shall be construed as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract.

III.C. Contractor Management and Personnel

FAR 52.236-6, Superintendence by the Contractor, and GSAR 552.236-6, Superintendence by the Contractor located in Section IV.A. of this Agreement is supplemented as follows

(1) The Contractor shall designate a principal of the firm or other senior management official to provide executive oversight and problem resolution resources to the Project for the entire life of the Contract, including the GMP Option.

III.D. Project Schedule

GSAR 552.236-15, Schedules for Construction Contracts is supplemented as follows:

(1) The Contractor shall develop a Design Phase Project Schedule to plan, coordinate, and perform the services during the design phase. This schedule shall be produced using widely used, commercially available computer software such as Microsoft Project,®. The schedule will be coordinated with the Architect's schedule of design submissions and show milestones for completion of Design Reviews and cost reconciliation. It will also include a milestone for establishing the ECW for the construction option.

(2) The Contractor shall use a Critical Path Method ("CPM") Construction Project Schedule to plan, coordinate, and perform the Work under the GMP Option. The Construction Project Schedule shall be produced using widely used, commercially available computer software that is capable of generating and monitoring a CPM schedule and is compatible with Meridian Proliance.® For example, compatible software includes Microsoft Project,® Primavera P6. The contractor shall submit the Project Schedule both electronic and hardcopy print format.

III.E. Submittals

FAR 52.236-21, Specifications and Drawings for Construction, GSAR 552.236-72, 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.F. 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.G. Liquidated Damages

The Contractor acknowledges that time is of the essence for the performance of the Work, and that determining actual damages from delay would be extremely difficult and impractical. If the Contractor fails to achieve Substantial Completion of the Work in accordance with FAR 52.211- 12, Liquidated Damages, GSAR 552.211-12, Liquidated Damages and within the time specified in this Contract, the Contractor shall be liable to the Government for liquidated damages at the rate specified in Section I (Project Information), paragraph entitled, “Liquidated Damages Rate,” for each calendar day following the required completion date that the Work is not Substantially Complete.

III.H. 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 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.I. Performance and Payment Bonds

FAR 52.228-15, Performance and Payment Bonds – Construction, is supplemented as follows:

(1) "Original Contract Price" means the GMP established at award of this Contract.

(2) The Contractor shall furnish the required performance and payment bonds within 14 calendar days of exercise of the GMP Option.

(3) Receipt by the Government of required performance and payment bonds is a condition precedent to issuance of the NTP.

III.J. 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

(4) The Specifications

(5) The Drawings

(6) Exhibits and Other Attachments

III.K. 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 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 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) Additional documentation:

The Contractor shall provide an itemized invoice detailing the amounts requested under each CLIN set forth in the Contract Price Form. Itemized invoices shall reflect progress on each CLIN and should reflect the latest Schedule of Values.

(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. Contractors 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 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) 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 https://finance.ocfo.gsa.gov/pii/piinotice.aspx?token=PI002 https://www.gsa.gov/resources/for-federal-employees/process-to-get-a-gsa-access-card?_gl=1*jgl2cm*_ga*NzA3MjEzNS4xNzA3NDg4ODE2*_ga_HBYXWFP794*MTcxOTQ5MjgwOS43NC4xLjE3MTk0OTI5MTQuMC4wLjA.

http://www.fedidcard.gov/centerlist.aspx https://www.archives.gov/files/cui/20161206-cui-marking-handbook-v1-1.pdf 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

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.L. 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.M. Requirements for GSA Information Systems

N/A

III.N. Additional Terms and Conditions

FAR 52.217-7 Option for Increased Quantity-Separately Priced Line Item (Mar 1989) mailto:gsa-ir@gsa.gov mailto:gsa-ir@gsa.gov

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within one hundred and eighty (180) calendar days of the GMP exercise date.

GSAR 552.236-74, Evaluation of Options (Mar 2019)

GSAR 552.236-77, Government’s Right to Exercise Options (Mar 2019)

IV. Contract Clauses

Notice 1: Clause and provision deviations dated February 2025 do not affect the following:

1. Any FAR subparts that are based on statute or are not covered by E.O. 11246 such as:

a. FAR subparts 22.13, Equal Opportunity for Veterans and its related clauses and provisions; and

b. FAR subpart 22.14, Employment of Workers and Disabilities.

2. Existing U.S. laws on civil rights, nondiscrimination, or any laws that generally apply to a company regardless of whether it is a government contractor.

End of Notice

Notice 2:

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including FAR 52.222-25, Affirmative Action Compliance, 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation and paragraph (t) of FAR 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services..

GSA will not consider or use these representations. Entities are not required to, nor are they able to, update their entity registration to remove these representations in

SAM.

End of Notice

NOTICE 3: February 2025 clause or provision deviations are available in class deviations CD-2025-04 (February 15, 2025) and CD-2025-05 with Supplement 1

(March 7, 2025), available at https://www.gsa.gov/policy-regulations/policy/acquisiti2on-policy/acquisition-policy-library-and-resources#tab--Class-deviations)

End of Notice https://www.gsa.gov/policy-regulations/policy/acquisition-policy/acquisition-policy-library-and-resources#tab--Class-deviations https://www.gsa.gov/policy-regulations/policy/acquisition-policy/acquisition-policy-library-and-resources#tab--Class-deviations

IV.A. Clauses Incorporated in Full Text

1. GSAR 552.236-79, Construction-Manager-As-Constructor. (JAN 2020)

(a) General. Pricing for the Guaranteed Maximum Price (GMP) for the option for construction services shall be subject to the requirements below.

(b) Definitions. The following definitions shall apply to this clause:

“Construction-Manager-as-Constructor (CMc) Contingency Allowance (CCA)” means an allowance for the exclusive use of the construction contractor to cover reimbursable costs during construction that are not the basis of a change order. These costs could include estimating, scheduling, and planning errors in the final Estimated Cost of the Work (ECW) or other contractor errors.

“Cost” means allowable costs in accordance with FAR Part 31.

“Cost of Performance” means the final sum of cost of the construction work and fee for the construction work.

“Early Work Package” means a set of construction activities that can be clearly defined and separately performed from the remainder of the construction work. Demolition is an example of an early work package.

“Estimated Cost of the Work (ECW)” means the estimated cost of the construction work, not including home office overhead.

“Fee for the Construction Work” means the amount established for the contractor's profit and home office overhead costs, as described in FAR Part 31, for the construction work.

“Guaranteed Maximum Price (GMP)” means the sum of the ECW, CCA, and the fee for the construction work.

(c) Guaranteed Maximum Price. This contract at award includes a GMP.

(d) Estimated Cost of the Work. The proposed ECW incorporated into the contract at award is a target ECW. A final ECW is negotiated during the design phase and is incorporated into the contract prior to exercise of the GMP option.

(e) Final Estimated Cost of the Work.

(1) Submission Requirements for Final ECW Proposal. During the design phase, and at a time agreed by the Contracting Officer, the Contractor shall submit the following:

(i) A detailed statement of all construction costs, including early work packages in the performance of the construction work to date;

https://www.acquisition.gov/content/part-31-contract-cost-principles-and-procedures https://www.acquisition.gov/content/part-31-contract-cost-principles-and-procedures

(ii) A detailed breakdown of home office overhead costs and a statement that the accounting practices used for the allocation of home office overhead on this contract is in accordance with the Contractor's established cost accounting practices;

(iii) A proposed final ECW;

(iv) Sufficient data to support the accuracy and reliability of the estimate;

(v) An explanation of the difference between the proposed final ECW and the target

ECW used to establish the GMP; and

(vi) The Contractor's affirmation that:

(A) The Contractor is satisfied that the project as described in the specifications and construction drawings is constructible using commercially practicable means and methods;

(B) The Contractor is satisfied that the construction work has been sufficiently described to enable it to estimate the cost of the work with reasonable accuracy;

(C) The Contractor has disclosed to the Contracting Officer all of its actual knowledge relating to design errors and omissions that may affect the cost of the work; and

(D) The Contractor acknowledges that the final ECW and time established for completion shall not be adjusted on account of cost or time attributable to known design errors and omissions disclosed by the Contractor pursuant to paragraph

(e)(1)(v)(C) of this clause. Unknown design errors and omissions that form the basis for a change order may still be settled in accordance with GSAR 552.243-

71 Equitable Adjustments.

(2) Establishment of the Final ECW. The parties shall negotiate a final ECW based on the data provided under paragraph (e)(1) of this clause. The final ECW shall be established and incorporated into the Contract by bilateral modification. The Contracting

Officer will not accept a final ECW proposal that does not include the written affirmation described in this clause. The Contracting Officer will not exercise the GMP option for construction work unless the final ECW has been incorporated into the contract.

(f) CMc Contingency Allowance. The CCA shall be 3% percent of the ECW

(g) Shared Savings Incentive. The Contractor shall be entitled to 50% percent of the difference between the final GMP and the final cost of performance.

(h) Adjustment of ECW and GMP. The ECW and GMP shall be subject to adjustment for changes and any other conditions giving rise to entitlement to an adjustment under this contract. The ECW and GMP may be adjusted down for deletions to the scope of the construction services through a bilateral modification.

https://www.acquisition.gov/content/part-552-solicitation-provisions-and-contract-clauses#i1874272 https://www.acquisition.gov/content/part-552-solicitation-provisions-and-contract-clauses#i1874272

(i) Adjustment of CCA. If the sum of the final ECW, CCA, and fee for the construction work is greater than the GMP as established at contract award or as adjusted in accordance with FAR Part 43, then the Contractor should work with the Contracting Officer to identify measures to reduce the overall GMP, including reducing the CCA, reducing the fee, or as a last resort, reducing the scope of the project. At any time, the parties may agree to a different

CCA than the amount expressed at time of contract award. Prior to the use of the CCA, the

Contractor shall coordinate approval following the procedures identified in the contract. For approved CCA uses, the CCA shall be reduced and the ECW shall be adjusted accordingly.

(j) Adjustment of the Fee for the Construction Work. The fee for the construction work may be adjusted for changes that are the basis for a change order, including scope changes, differing site conditions, and Government-caused delays. The fee for the construction work associated with a change order shall not be driven by a fixed percentage. The fee for the construction work is not increased or decreased based on fluctuations in the actual costs of the work. At time of proposal submission, the fee elements may be expressed as a percentage of the ECW, but shall be converted to a fixed amount prior to executing the GMP option.

(k) Conversion to Firm-Fixed-Price Prior to Final Settlement.

(1) Submission Requirements for Conversion to Firm-Fixed Price. If the parties agree to negotiate and establish a firm-fixed-price for construction work prior to the exercise of the

GMP option, or at the request of the Contracting Officer, the Contractor shall submit the following:

(i) A proposed firm-fixed-price proposal for the completion of the construction work, which shall include all markups, including profit

(ii) A detailed statement of any costs incurred in the performance of the contract work to date.

(2) Establishment of Firm-Fixed-Price.

(i) Prior to Exercise of GMP Option. The parties may negotiate and establish a firm-fixed-price for construction work prior to the exercise of the GMP option based on the data provided under paragraph (k)(1) of this clause; provided that the firm-fixed-price shall not exceed the GMP. The Contracting Officer shall have the right, but not the obligation, to bilaterally exercise the GMP option at the firm-fixed-price within 120 calendar days of the establishment of such price.

(ii) After Exercise of the GMP Option. At any time prior to final settlement, the

Contracting Officer may request that the Contractor provide a firm-fixed-price proposal for the completion of construction work in accordance with paragraph (k)(1) of this clause. Within 60 calendar days of such request, the Contractor shall provide such data.

Within 60 calendar days of receipt of the Contractor's proposal, the Contracting Officer shall have the right, but not the obligation, to convert the contract to a firm-fixed-price contract through a bilateral modification at the proposed fixed-price or as otherwise https://www.acquisition.gov/content/part-43-contract-modifications negotiated by the parties; provided that the firm-fixed-price, plus any costs incurred in the performance of the construction work, shall not exceed the GMP.

(iii) If any portion of the contract is converted to a firm-fixed-price, then that portion of the contract is no longer subject to open book accounting, a shared savings incentive, or the need for final settlement. If the contract is not converted to a firm-fixed-price contract, then the final settlement of the Contractor's compensation shall be determined in accordance with paragraph (l) of this clause.

(3) Payments. If this contract is converted to a firm-fixed-price contract, the Contractor shall submit a revised schedule of values for the construction work allocating the unpaid balance of the fixed price to the itemized work activities remaining uncompleted, which shall be the basis for remaining progress payments.

(l) Final Settlement. The final settlement amount shall consist of the cost of performance and the Contractor's shared savings incentive, if any, provided that in no event shall the final settlement exceed the GMP. The final settlement amount shall be the Contractor's total compensation due under the contract.

(1) Submission Requirements for Final Settlement Proposal.