AM0001 47PB0220R0007 Amendment Package.pdf
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- LAN Relocation & Communications Cabling Installations- Coburn Gore LPOE, Maine Federal contract opportunity
- Solicitation number
- 47PB0220R0007
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| 47PB0220R0007 Solicitation Package.pdf |
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Table of Contents
AM 0001 47PB0220R0007 2020 08 21 2
Site Visit Contact Sheet 4
Pre-bid Site Meeting Minutes 2020 08 18 5
47PB0220R0007 - Bidder RFI Responses 2020 08 21 8
Updated Agreement 2020 08 21 9
Updated RepsCerts 2020 08 21 45
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE
2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)
7. ADMINISTERED BY (If other than Item 6) CODE
STANDARD FORM 30 (REV. 11/2016)
Prescribed by GSA FAR (48 CFR) 53.243
FACILITY CODE
9A. AMENDMENT OF SOLICITATION NUMBER
9B. DATED (SEE ITEM 11)
10A. MODIFICATION OF CONTRACT/ORDER NUMBER
10B. DATED (SEE ITEM 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER
NUMBER IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15C. DATE SIGNED
15A. NAME AND TITLE OF SIGNER (Type or print)
16C. DATE SIGNED
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
PAGE OF PAGES
6. ISSUED BY CODE
8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)
CODE
15B. CONTRACTOR/OFFEROR
(Signature of person authorized to sign)
16B. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
Previous edition unusable
1PSKM
Lyska Benitez, CS for Kimberly Gelly, CO
AM0001 is to add the site visit contact sheet, site visit minutes, RFIs, update the agreement and representations and certifications.
Due to the McCain Defence Act of 2019, part B of section 889, the updated agreement incorporates FAR clause 25.204-25 and the updated reps & certs incorporates FAR 25.204-24.
1PSKM
GSA/PBS SERVICE CENTERS DIVISION
ADMIN SUPPORT CENTER MANCHESTER
275 CHESTNUT ST., SUITE 528
MANCHESTER, NH 03101
GSA/PBS SERVICE CENTERS DIVISION
ADMIN SUPPORT CENTER MANCHESTER
275 CHESTNUT ST., SUITE 528
MANCHESTER, NH 03101
EQ1PSKM-20-0039
47PB0220R0007
N1899825
1 2
8/21/2020
8/7/2020
8/21/2020
INSTRUCTIONS (Back Page):
Instructions for items other than those that are self-explanatory, are as follows:
Item 1 (Contract ID Code). Insert the contract type identification code that appears in the title block of the contract being modified.
Item 3 (Effective date).
(1)
(2)
(3)
(4)
(5)
For a solicitation amendment, change order, or administrative change, the effective date shall be the issue date of the amendment, change order, or administrative change.
For a supplemental agreement, the effective date shall be the date agreed to by the contracting parties.
For a modification issued as an initial or confirming notice of termination for the convenience of the Government, the effective date and the modification number of the confirming notice shall be the same as the effective date and modification number of the initial notice.
For a modification converting a termination for default to a termination for the convenience of the Government, the effective date shall be the same as the effective date of the termination for default.
For a modification confirming the contracting officer's determination of the amount due in settlement of a contract termination, the effective date shall be the same as the effective date of the initial decision.
(a)
(b)
(c)
(d)
(e)
(f)
Item 6 (Issued By). Insert the name and address of the issuing office. If applicable, insert the appropriate issuing office code in the code block.
Item 8 (Name and Address of Contractor). For modifications to a contract or order, enter the contractor's name, address, and code as shown in the original contract or order, unless changed by this or a previous modification.
Items 9, (Amendment of Solicitation Number - Dated), and 10, (Modification of Contract/Order Number - Dated). Check the appropriate box and in the corresponding blanks insert the number and date of the original solicitation, contract, or order.
Item 12 (Accounting and Appropriation Data).
When appropriate, indicate the impact of the modification on each affected accounting classification by inserting one of the following entries:
(2) Accounting classification Net decrease $
Include subject matter or short title of solicitation/contract where feasible.
Item 16B. The contracting officer's signature is not required on solicitation amendments. The contracting officer's signature is normally affixed last on supplemental agreements.
(i)
NOTE: If there are changes to multiple accounting classifications that cannot be placed in block 12, insert an asterisk and the words "See continuation sheet".
Item 13. Check the appropriate box to indicate the type of modification. Insert in the corresponding blank the authority under which the modification is issued. Check whether or not contractor must sign this document. (See FAR 43.103.)
Item 14 (Description of Amendment/Modification).
Organize amendments or modifications under the appropriate Uniform Contract Format (UCF) section headings from the applicable solicitation or contract. The UCF table of contents, however, shall not be set forth in this document.
Indicate the impact of the modification on the overall total contract price by inserting one of the following entries:
(i) Total contract price increased by $
(ii) Total contract price decreased by $
(iii) Total contract price unchanged.
State reason for modification.
When removing, reinstating, or adding funds, identify the contract items and accounting classifications.
(g)
(h)
When the SF 30 is used to reflect a determination by the contracting officer of the amount due in settlement of a contract terminated for the convenience of the Government, the entry in Item 14 of the modification may be limited to --
(i) A reference to the letter determination; and
(ii) A statement of the net amount determined to be due in settlement of the contract.
(1)
(2)
(3)
(4)
(5)
(6)
STANDARD FORM 30 (REV. 11/2016) BACK
(1) Accounting classification Net increase $
Coburn Gore LPOE LAN Relocation and Communications Cabling
Tuesday, August 18, 2020
Site Visit Contact Sheet
Josh Paradis, Project Manager CCB Construction Services 207-212-8774 jparadis@ccb-inc.com
Dick Beaulieu, Project Manager Ganneston Construction Corp 207-621-8505 O 207-458-2102 C dickbeaulieu@gannestonconstruction.com ePM 57858_N1899825 Coburn Gore LPOE – pre-bid site mtg mins (8.18.2020) Page | 1
General Service Administration
R1.PBS.1PSK
MC Smith FBCH 202 Harlow Street Bangor, Maine 04401
PRE-BID SITE MEETING MINUTES
RE: N1899825 Coburn Gore LPOE LAN Relocation and Communications Cabling GSA ePM: 57858 ME0551BE Coburn Gore LPOE Coburn Gore, Franklin County, Maine
Date: Tuesday, August 18, 2020 – 2:00PM
The Pre-Bid Site Meeting was held on this date at the Project Site (Coburn Gore LPOE ME) to perform a walk-through and discuss Project scope requirements. The following participants were present:
Dick Beaulieu (BD) Ganneston Construction Corp Josh Paradis (JP) CCB Construction Services Rob Ruddy (RR) APD, Coburn Gore LPOE ME Herb Gibson (HG) GSA – R1.PBS.1PSK
The following items were discussed:
1. A site tour of the Work areas in the Scope was conducted. The Basement, First Floor, and Second Floor areas where the Work would take place were visited. In addition, the participants went outside on the site and looks at the RMS control panels on the system structural supports.
2. The extent of the work for the RMS will be to run new data cables only. The data cables exit the RMS control box and then run underground through the below grade exposed structure, and then to the building.
3. Made part of the Scope of Work is the requirement for the contractor’s communications subcontractor to map the existing system in order to fully understand the intent of the scope. (ref Summary of Work, b., 1., (1)).
4. CBP was in the process of clearing the proposed future LAN Room of equipment. HG indicated that he would send additional images via contracting of the future LAN Room when cleared. (ref attached SK-TC-102.1).
5. A question was asked (DB) if there a possibility of a change to the specified lockset. HG indicated that an RFI be generated for this question and sent through contracting.
6. The participants reviewed the existing hardware to be relocated from the rack in the Basement and the First Floor up to the new QuadraRacks in the future LAN Room.
7. The participants reviewed the intent for removals and patching and painting. HG indicated that removal of existing cabling and data boxes should be done as cleaning as possible; with minor patching and filling of any anchoring on the wood and plaster surfaces; minor sanding; and minor finish painting. HG indicated that it was not the Government’s intent for the Project to undertake an interior painting task that would be from corner to corner and floor to ceiling. Areas requiring touch-up will be relegated to ePM 57858_N1899825 Coburn Gore LPOE – pre-bid site mtg mins (8.18.2020) Page | 2 the immediate area on the wood and plaster surfaces where removals have occurred. RR indicated that CBP had the interior paint finish information for both the blue and the gray colors.
8. The proposed layout in the future LAN Room was reviewed. The intent is for the existing carpeting to be removed, plywood substrate prepped for new SDT tile flooring as specified. HG indicated that the existing flooring elevation difference between the Corridor and the LAN Room could be resolved with a beveled wood reducer.
9. DB asked if it was possible for the communications vendors to visit the site prior to the Bid. HG asked the participants to let him know and that he would coordinate with CBP.
10. ***HG asked that all questions on the Scope to go through contracting.
No other items were discussed.
Respectfully Submitted, HerbertBGibson
GSA – R1.PBS.1PSK
w-attachment: SK-TC-102.1 cc: Participants, Paul Anderson, Dan MacMunn, Tim Lacasse, Ed Cuddy, Rob Ruddy, Greg Pease, Kevin Morris, Kim Gelly, Lyska Benitez, Wally Rogowicz, Dale Cullivan file: H_Const Projects_Coburn Gore_ePM 57858 Coburn Gore LPOE – pre-bid site meeting minutes (8.18.2020)
8/19/2020
NO. DRAWING REVISION DATE
GENERAL SERVICES ADMINISTRATION
PUBLIC BUILDING SERVICE - REGION 1
THOMAS P. O'NEILL JR. FEDERAL BUILDING
10 CAUSEWAY ST., BOSTON, MA 02222-1077
NAME
ADDRESS
BLDG NO.
B U
IL
D
IN
G
ADDRESS
BLDG NO.
PR
O
JE
C
T
PCN:
D R
A W
IN
G
DRAWN BY
NUMBER
CHK BY DATE
DISCIPLINE SHEET NUMBER
GS-
CONTRACT
NUMBER
A/E
CONTRACTOR
GSA ePM NO.: 57858
TITLE
TYPE
1 2 3
4 5
LAN Room Enlarged Partial Plan Images
6'-0"
7'-2"
4 5
Project: ePM 57858 Coburn Gore LPOE ME LAN Relocation Building No. and Location: ME0551BE Coburn Gore LPOE, Coburn Gore, Franklin County, Maine
BIDDER REQUEST FOR INFORMATION LOG v1.0 last revised: Friday, Auugust 21, 2020; 2:03PM (hbg) - for Log Nos 1-3
Log No. Bidder Date Received Bidder Question Government Response
Solicitation No.: 47PB0220R0007 (Notice ID) betaSAMS
Ganneston Construction by:
Dick Beaulieu, Project Manager
Thursday, August
20, 2020; 8:37AM
Can you state the approximate dimensions of the window in the LAN Room for the security mesh frame requirement?
It is believed the existing window is approximately 24"W x 24"H. The frame and security requiremnst are specified in the Summary of Work, a.,
18. **The Contractor is required to verify the exact window size prior to the bid.
Ganneston Construction by:
Dick Beaulieu, Project Manager
Thursday, August
20, 2020; 7:14AM
What is the wall thickness and type for the new hollow metal door frame?
Wall thickness is believed to be 0'-5-1/2" with 2x4 wood framing and plaster finish both sides. **Contractor is required to verify wall thickness and type prior to ordering new HM door and frame.
Ganneston Construction by:
Dick Beaulieu, Project Manager
Thursday, August
20, 2020; 7:14AM
In reviewing specified lockset with the hardware consultants, the lockset may be difficult to acquire. It is a special lockset.
Can the Government specify an optional lockset?
Specified lockset is specified by CBP to meet their security requirements for LAN Room security. **GSA will review the requirement with CBP although for bidding purposes the Contractor must plan on using the specified lockset.
Sol. Reference No. 47PB0220R0007 GSA Contract No:
Document: C101-SAT-GC/AUGUST 2020 (The Agreement)
Simplified Acquisition construction Contract for: LAN Relocation & Communications Cabling Installations at Coburn Gore LPOE, State Route 27, Coburn Gore, ME 04936
The 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. General Provisions
A. Commencement, Prosecutions and Completion of Work B. Contractor Responsibilities C. Material and Workmanship D. Project Schedule E. Interpretation of Specifications and Drawings F. Submittals G. Government’s Right to Stop Work for Non-Compliance H. Other Contracts I. Use an Possession Prior to Substantial Completion J. Finality of Contract Modifications K. Liquidated Damages L. Insurance Requirements M. Administrative Matters N. Bonds O. Safeguarding Sensitive Data and Information Technology Resources P. Options and Allowances Q. Additional Terms and Conditions
(i) GSAR 552.236-74, Evaluation of Options (Mar 2019)
(ii) GSAR 552.236-77, Government’s Right to Exercise Options (Mar 2019)
IV. Contract Clauses A. Clauses Incorporated in Full Text
1. FAR 52.222-99 Establishing a Minimum Wage for Contractor (JUL 2014)
(DEVIATION)
2. FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEPT 2013)
3. FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 08)
4. FAR 52.225-9 Buy American—Construction Materials (MAY 2014)
5. FAR 52.228-13 Alternative Payment Protections (July 2000)
6. GSAR 552.204-9 Personal Identity Verification Requirements (OCT 2012)
7. GSAR 552.211-10 Commencement, Prosecution and Completion of Work
(MAR 2019)
8. GSAR 552.211-12 Liquidated Damages-Construction (MAR 2019)
9. GSAR 552.211-13 Time Extensions (MAR 2019)
10. GSAR 552.211-70 Substantial Completion (MAR 2019)
11. GSAR 552.232-5 Payments Under Fixed-Price Construction Contracts (Mar
2019)
12. GSAR 552.236-6 Superintendence by the Contractor (MAR 2019)
13. FAR 552.236-11 Use and Possession Prior to Completion (MAR 2019)
14. GSAR 552.236-71 Contractor Responsibilities (MAR 2019)
15. GSAR 552.236-72 Submittals (MAR 2019)
16. GSAR 552.252-6 Authorized Deviations in Clauses (Deviation FAR 52.252-6)
(SEP 99)
17. FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)
18. Additional Clauses
(i) GSAR Clause 552.236-70, Authorities and Limitations (Mar 2019)
(ii) GSAR Clause 552.236-73, Subcontracts (APR 1984)
(iii) GSAR Clause 552.243-71, Equitable Adjustments (MAR 2019)
19. FAR 52.222-62, Paid Sick Leave under Executive Order 13706 (Jan 2017)
20. FAR 52.223-21, FOAMS (Jun 2016)
B. Clauses Incorporated by Reference
I. Project Information
I.A. Project Summary
I.B. The Contract
(1) The Contract consists of the SF1442, the Agreement, the Statement of Work, Specifications, Drawings, Exhibits, Amendments, Modifications, and other Attachments identified herein
(collectively, the Contract Documents). The Contract contains the entire agreement of the
Parties, and no prior written or oral agreement, express or implied, shall be admissible to contradict or modify any part of the Contract.
(2) The Contractor shall provide and pay for all labor, materials, equipment, tools, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution of the work described in and reasonably inferable from the Contract Documents (the Work), whether temporary or permanent. In consideration for, and upon condition of, the Contractor's completion of the Work, GSA shall pay the Contractor the price or prices established in Section
II, subject to the terms and conditions set forth in this Contract.
I.C. Period of Performance
(1) Commencement. The Contractor shall commence performance of the Work within 10 days after the Contractor receives the Notice to Proceed (NTP).
(2) Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, no later than 45 calendar days from issuance of Notice to Proceed (NTP).
(3) Contract Completion. The Contractor shall achieve Contract Completion, as the term is defined in this Agreement, within 30 calendar days of Substantial Completion.
I.D. Work Conditions/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: Kimberly Gelly
Address: 275 Chestnut Street, Manchester, NH 03101
Authorized Representative Information:
Telephone: 603.666.7583
Email: kimberly.gelly@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 GSAR 552.211-12, Liquidated Damages – Construction, in Section IV of this Agreement, liquidated damages shall be calculated at the rate of $0 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) Statement of Work for GSA Contract No. XXXXXX, Dated 20 04 14
(2) Construction Drawings for GSA Contract No. XXXXXX, Dated 2020 03 03
& 2008 01 17
(3) Wage Determination ME20200007, Dated 2020 07 03
II. Prices
II.A. Basis of Pricing
(1) Contract Prices. All Contract prices set forth in this Section include all costs necessary to complete the work for which the price is established (e.g., Base Contract, Unit Price, Options) in accordance with the Contract Documents, including, but not limited to, the cost of work performed by subcontractors and consultants, indirect costs, fees, expenses, taxes, and profit.
(2) Knowledge of Conditions Affecting Price. FAR 52.236-3, Site Investigations and Conditions Affecting the Work, is incorporated by reference in this Contract. The Contractor shall be presumed to have established all prices with knowledge of general and local conditions that may affect the cost of Contract performance at the site where the Work is to be performed, to the extent that such information is reasonably obtainable.
(3) Unit Prices and Allowances. If any portion of the Work is to be performed on a unit price basis, the Unit Price shall include all costs of coordinating and incorporating the unit-priced portion of the Work into the Base Contract Work. The Contractor shall only be obligated to perform unit-priced work to the extent that an Allowance has been established. The Contractor shall be obligated to perform such work in excess of a unit quantity for which an Allowance is established only if directed by the Contracting Officer in writing. The Contractor shall be bound to the unit price or prices set forth herein in all equitable adjustments for changes including unit priced work, and no markups shall be applied to such unit prices.
(4) Options. If any portion of the Work is to be performed upon the timely exercise of an Option, the Option Price shall include all costs of coordinating and incorporating the Option-priced portion of the Work into the Base Contract Work. An adjustment to the Contract price for such additional work shall be computed solely on the basis of the Option price or prices set forth herein. Unless otherwise specified, all options may be exercised within 90 days of Contract award.
(5) Bid Rates. If this Contract includes Bid Rates to be used in determination of equitable adjustments (e.g., overhead, profit, daily rates for time-related costs), such rates shall be deemed to include all costs recoverable as components of an equitable adjustment consistent with the requirements, definitions, and exclusions applicable to equitable adjustments set forth in this Contract, and consistent with the Contractor's cost accounting practices. Unless otherwise specified, the bid rates shall be deemed to include only the Contractor's costs, and not the costs of any subcontractors.
II.B. Contract Price Form
III. Terms and Conditions
III.A. 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:
The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of the Work, as defined in GSAR 552.211-70 Substantial Completion (Mar 2019) and the time specified in Section I (Project Information), “Period of Performance” clause. If the Contract specifies different completion dates for different phases or portions of the Work, the Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of such phases or portions of the Work within the times specified.
III.B. 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.
III.C. Material and Workmanship
All equipment, material, and articles incorporated into the Work shall be new and of the most suitable grade for the purpose intended, unless otherwise specified in this Contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number shall be regarded as establishing a standard of quality and performance and shall not be construed as limiting competition. Unless specifically directed by the Contracting Officer, the Contractor may use any equipment, material, article, or process that is equal to that named in the specifications, so long as it is of comparable quality and meets specified characteristics, or, if no such characteristics are specified, the relevant performance characteristics of the specified item.
III.D. Project Schedule
(1) The Project Schedule shall be a rational, reasonable and realistic plan for completing the Work, and conform to requirements specified in this clause and elsewhere in this Contract.
(2) The Contractor understands and acknowledges that the preparation and proper management of the Project Schedule is a material component of the Work, and that the Contract price includes all costs of compliance with Project Schedule requirements.
(3) The Project Schedule shall depict all major activities necessary to complete the Work.
(4) Prior to NTP, the Contractor shall submit its Project Schedule to the Contracting Officer. The Contractor shall submit the Project Schedule in PDF and hardcopy print format.
(5) The Project Schedule shall incorporate both major tasks as well as milestone events specified in the Contract, including, as applicable, NTP, Substantial Completion, and milestones related to specified work phases and site restrictions. The Project Schedule shall also include Contractor-defined milestones to identify target dates for critical events, based upon the Contractor's chosen sequence of work and be linked to the tasks that drive those milestones.
(6) Unless a shorter period for updates is specified elsewhere, the Contractor shall update the Project Schedule weekly to reflect its actual progress in completing the Work, and submit the updated Project Schedule to the Contracting Officer.
(7) If the Contractor revises the Project Schedule after initial submission, the Contractor shall provide in writing to the Contracting Officer a narrative describing the substance of the revision, the rationale for the revision, and the impact of the revision on the projected substantial completion date.
(8) If at any time the Contracting Officer finds that the Project Schedule does not comply with any Contract requirement, the Contractor shall, upon written notice of exceptions taken by the Contracting Officer, revise the Project Schedule, adjust activity progress, or provide sufficient information demonstrating compliance.
(9) If the Contractor fails to sufficiently address the Contracting Officer's exceptions to the Project Schedule within three (3) calendar days of written notice of same, the Contracting Officer may withhold retainage until the Project is Substantially Complete or until such time as the Contractor has complied with Project Schedule requirements.
(10) The Contracting Officer shall be entitled, but not required, to rely upon the Project Schedule to evaluate the Contractor's progress, evaluate entitlement to extensions of time, and determine the criticality or float of any activities described in such Project Schedule.
III.E. Interpretation of Specifications and Drawings
(1) The specifications and drawings shall be interpreted to complement each other. Requirements set forth in the specifications and not shown on the drawings, or shown on the drawings and not set forth in the specifications, shall be of like effect as if shown or set forth in both.
(2) Different requirements within the Contract Documents shall be deemed inconsistent only if compliance with both cannot be achieved.
(3) If a requirement set forth in one location is more restrictive than that set forth elsewhere in the Contract Documents, requirements set forth in specifications shall govern over requirements set forth in drawings; otherwise, the more restrictive shall govern.
(4) In case of inconsistent requirements within the drawings, the following order of precedence shall apply:
(a) Requirements indicated in large-scale drawings shall govern over inconsistent requirements indicated in small-scale drawings.
(b) Requirements indicated in schedules shall govern over inconsistent information shown in drawings.
(5) Unless otherwise noted, the drawings shall be interpreted to provide for a complete construction, assembly, or installation of the Work, without regard to the detail with which material components are shown in the drawings.
(6) If any inconsistency within the drawings or specifications cannot be reconciled by reference to this clause, the Contractor shall promptly request a determination from the Contracting Officer as to which requirement shall govern. Election by the Contractor to follow either requirement without a determination from the Contracting Officer shall be at the Contractor's risk; should the Contracting Officer subsequently determine that the requirement not followed by the Contractor governs, the Contractor shall be responsible for all cost and time required to comply with the Contracting Officer's determination.
III.F. Submittals
(1) The Contractor shall prepare and submit to the Contracting Officer shop drawings, samples, calculations, product information, mockups, GSA Form 184 (associated 184A and 184B as necessary) and other submittals (collectively, "submittals") demonstrating compliance with Contract requirements for all Work components as specified elsewhere in this Contract. If particular submittal requirements are not specified for a component of the Work, the Contractor shall prepare submittals for such Work as directed by the Contracting Officer.
(2) Prior to submission, the Contractor shall review all submittals for accuracy, completeness, compliance with Contract requirements, and coordination between different trades and subcontractors. The Contractor shall indicate its approval on all submittals as evidence of such review and coordination. Submittals submitted to the Contracting Officer without evidence of the Contractor’s approval may be rejected without further review.
(3) The Contractor shall not proceed with work or procure products or materials described or shown in submittals until the Contracting Officer has indicated approval of the submittal. If the Contracting Officer disapproves of a submittal, the Contractor shall be entitled to an explanation of the reasons for disapproval.
Any work or activity undertaken prior to approval shall be at the Contractor’s risk; should the Contracting Officer subsequently determine that the work or activity does not comply with the Contract, the Contractor shall be responsible for all cost and time required to comply with the Contracting Officer's determination. The Contracting Officer shall have the right to order the Contractor to cease execution of work for which submittals have not been approved. The Government shall not be liable for any cost or delay incurred by the Contractor attributable to the proper exercise of this right.
(4) Approval by the Contracting Officer of any submittal required under this Contract shall not relieve the Contractor from responsibility for any errors or omissions in such submittals, or from responsibility for complying with the requirements of this Contract, except with respect to variations described and approved as changes in accordance with the following Paragraph (5).
(5) The Contractor shall be entitled to rely upon approval of submittals containing variations from the requirements of the Contract as a change to the Contract only if the Contractor separately requests approval of the variation at the time of submission and the Contracting Officer has approved the request for variation. Such requests shall fully describe the substance of the variation reflected in the Contractor's submittal. This provision shall not be interpreted as limiting the right of the Government to treat non-conforming work as a change where the Contractor has failed to request a variation in accordance with this paragraph.
(6) The Contractor shall be entitled to receive notice of action on submittals within a reasonable time, given the volume or complexity of the submittals and the criticality of the affected activities to Substantial Completion. The Contractor shall not be entitled to receive notice of action on submittals containing variations from Contract requirements in less than twenty working day.
for all Work components as specified elsewhere in this Contract.
III.G. Government’s Right to Stop Work for Non-Compliance
If the Contractor, after receiving written notice from the Contracting Officer of non-compliance with any requirement of this Contract, fails to promptly initiate action to achieve compliance within a reasonable time, the Contracting Officer shall have the right to order the Contractor to stop work under the Contract until the Contractor has complied. The Contractor shall 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. Possession of this right by the Contracting Officer shall not relieve the Contractor of its obligation to comply with the Contract, regardless of whether this right is exercised.
III.H. Other Contracts
The Government may enter into other contracts to be performed at the Project site including, but not limited to, construction management services. The Contractor shall not impede site access for these other contractors and shall notify GSA immediately if the activities of other contractors interfere with performance of the Contract.
III.I. Use and Possession Prior to Substantial Completion
Upon notice by the Contracting Officer, the Government shall have the right to take possession of, use, or operate with Government employees or other contractors, any completed or partially completed part of the Work prior to Substantial Completion. Exercise by the Government of the right shall not relieve the Contractor of responsibility for completing any unfinished components of the Work.
III.J. 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.K. 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 and GSAR 552.211-12, Liquidated Damages and 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.L. 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 $100,000. 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 $500,000 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 $200,000 per person and $500,000 per occurrence for bodily injury and $200,000 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.M. Administrative Matters
(1) Project Meetings. The Contractor shall attend a preconstruction conference and shall participate in regularly scheduled Project meetings.
(2) Payments. FAR clause 52.232-5, Payments under Fixed-Price Construction Contracts, is supplemented by GSAR 552.232-5 Payments under Fixed-Price Construction Contracts located in Section IV.A. of this Agreement. In accordance with the relevant FAR and GSAR clauses, GSA requires the following data be included with each invoice:
(a) Invoices shall be submitted in an original and two (2) copies to the designated billing office specified in this Contract or in individual delivery/work orders.
(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) GSA Form 184A and/or 184B - Construction Progress Report (Construction Phases Only), including the updated Schedule of Values upon which the payment request is based;
(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) Updated project schedule that complies with Contract Documents
(v) Additional documentation:
N/A
(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.
(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 Sensitive But Unclassified (SBU) Building Information.
This clause applies to all recipients of SBU building information, including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers and manufacturers.
(a) Marking SBU. Contractor-generated documents that contain building information must be reviewed by GSA to identify any SBU content, before the original or any copies are disseminated to any other parties. If SBU content is identified, the Contracting Officer (CO) may direct the contractor, as specified elsewhere in this contract, to imprint or affix SBU document markings to the original documents and all copies, before any dissemination.
(b) Authorized recipients.
(i) Building information designated SBU must be protected with access strictly controlled and limited to those individuals having a legitimate business need to know such information.
Those with a need to know may include Federal, State and local government entities, and nongovernment entities engaged in the conduct of business on behalf of or with GSA.
Nongovernment entities may include architects, engineers, consultants, contractors, subcontractors, suppliers, utilities, and others submitting an offer or bid to GSA, or performing work under a GSA contract or subcontract. Recipient contractors must be registered as “active” in the System for Award Management (SAM) database at www.sam.gov and have a legitimate business need to know such information. If a subcontractor is not registered in the SAM and has a need to possess SBU building information, the subcontractor shall provide to the contractor its DUNS number or its tax ID number and a copy of its business license. The contractor shall keep this information related to the subcontractor for the duration of the contract and subcontract.
(ii) All GSA personnel and Contractors must be provided SBU building information when needed for the performance of official Federal, State, and local government functions, such as for code compliance reviews and for the issuance of building permits. Public safety entities such as fire and utility departments may require access to SBU building information on a need to know basis. This clause must not prevent or encumber the dissemination of SBU building information to public safety entities.
c. Dissemination of SBU building information:
(i) By electronic transmission. Electronic transmission of SBU information outside of the
GSA network must use session encryption (or alternatively, file encryption). Encryption must be via an approved NIST algorithm with a valid certification, such as Advanced Encryption Standard (AES) or Triple Data Encryption Standard (3DES), in accordance with Federal Information Processing Standards Publication (FIPS PUB) 140-2, Security Requirements for Cryptographic Modules per GSA policy.
(ii) By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include, but are not limited to CDs, DVDs, and USB drives.
Nonelectronic forms of SBU building information include paper documents, among other formats.
1) By mail. Contractors must utilize only methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt.
2) In person. Contractors must provide SBU building information only to authorized recipients with a need to know such information. Further information on authorized recipients is found in Section 2 of this clause.
d. Record keeping. Contractors must maintain a list of all entities to which SBU is disseminated, in accordance with sections 2 and 3 of this clause. This list must include at a minimum: (1) the name of the State, Federal, or local government entity, utility, or firm to which SBU has been disseminated; (2) the name of the individual at the entity or firm who is responsible for protecting the SBU building information, with access strictly controlled and limited to those individuals having a legitimate business need to know such information; (3) contact information for the named individual; and (4) a description of the SBU building information provided. Once “as built” drawings are submitted, the contractor must collect all lists maintained in accordance with this clause, including those maintained by any subcontractors and/or suppliers, and submit them to the CO. For Federal buildings, final payment may be withheld until the lists are received.
e. Safeguarding SBU documents. SBU building information (both electronic and paper formats) must be protected, with access strictly controlled and limited to those individuals having a legitimate business need to know such information. GSA contractors and subcontractors must not take SBU building information outside of GSA or their own facilities or network, except as necessary for the performance of that contract. Access to the information must be limited to those with a legitimate business need to know.
f. Destroying SBU building information. When no longer needed, SBU building information must be destroyed so that marked information is rendered unreadable and incapable of being restored, in accordance with guidelines provided for media sanitization within GSA CIO IT Security 06-32, Media Sanitization Guide and Appendix A of NIST Special Publication 800-88, Guidelines for Media Sanitization. Alternatively, SBU building information may be returned to the CO.
g. Notice of disposal. The contractor must notify the CO that all SBU building information has been returned or destroyed by the contractor and its subcontractors or suppliers in accordance with paragraphs 4 and 6 of this clause, with the exception of the contractor's record copy. This notice must be submitted to the CO at the completion of the contract to receive final payment. For leases, this notice must be submitted to the CO at the completion of the lease term. The contractor may return the SBU documents to the CO rather than destroying them.
h. Incidents. All improper disclosures of SBU building information must be immediately reported to the CO at kimberly.gelly@gsa.gov. If the contract provides for progress payments, the CO may withhold approval of progress payments until the contractor provides a corrective action plan explaining how the contractor will prevent future improper disclosures of SBU building information. Progress payments may also be withheld for failure to comply with any provision in this clause until the contractor provides a corrective action plan explaining how the contractor will rectify any noncompliance and comply with the clause in the future.
i. Subcontracts. The contractor and subcontractors must insert the substance of this clause in all subcontracts.
III.N. Bonds Upon the request of a prospective subcontractor or supplier offering to furnish labor or material for the performance of this contract for which a payment bond has been furnished to the Government, the Contractor shall promptly provide a copy of such payment bond to the requester.
III.O. 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 2102.1 Information Technology (IT) Integration Policy
15. HCO 9297.1 GSA Data Release Policy
16. HCO 9297.2B GSA Information Breach Notification Policy
17. ADM P 9732.1 D Suitability and Personnel Security
The contractor and subcontractors must insert the substance of this section in all subcontracts.
III.P. Options and Allowances
III.Q. Additional Terms and Conditions N/A IV. Contract Clauses
IV.A. Clauses Incorporated in Full Text
(1) FAR 52.222-99 Establishing a Minimum Wage for Contractor (JUL 2014) (DEVIATION) This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, Implementation of the President's Executive Order Establishing a Minimum Wage for Contractors, dated June 12, 2014.
(a) Each service employee, laborer, or mechanic employed in the United States (the 50 states and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour.
(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor's annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage.
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