GSA_Agreement_-_PR_IDIQ.pdf

GSA Agreement No. 47PC0318R0003

Region 2 Multiple Award Indefinite Delivery/Indefinite Quantity Job Order Construction Contracts For GSA Projects for Puerto Rico and U.S. Virgin Islands

The Agreement

Notice to Offerors of Total Small Business Set-Aside

The General Services Administration (GSA) is setting aside the contract under the following clauses:

52.219-3 (b)(3) – Notice of HUBZone Set-Aside or Sole Source Award

Table of Contents

I. Project Information A. Contract and Project Summary B. The Contract C. Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments D. Period of Performance E. Contract Values F. Task Orders G. Payment and Performance Bonds H. Work Conditions/Site Requirements I. Authorized Representative J. Buy American Exceptions

II. Prices A. Contract Pricing B. Contract Price Form

III.Terms and Conditions A. Commencement, Prosecution, and Completion of Work B. Contractor Responsibilities C. Contractor Management and Personnel D. Extensions of Time E. Interpretation of Specifications and Drawings F. Submittals G. Substantial Completion and Contract Completion H. Use and Possession Prior to Substantial Completion I. Finality of Contract Modifications J. Liquidated Damages K. Insurance Requirements L. Order of Precedence M. Administrative Matters N. Non-Compliance with Contract Requirements O. Safeguarding Sensitive Data and Information Technology Resources P. Working Hours Q. Electronic Project Management (ePM) R. Vendor Past Performance System S. Additional Terms and Conditions

IV. Contract Clauses A. Clauses Incorporated in Full Text B. Clauses Incorporated by Reference

I. Project Information

I.A. Contract and Project Summary This is an Indefinite Delivery/Indefinite Quantity Repair and Alteration Contracts for up to five (5) separate Single Awards. This shall be a Total Small Business Set-Aside with up to five (5) awards reserved for HUBZones. In accordance with FAR 19:

a) There will be up to a total of five (5) IDIQ awards for the entire contract, all set-aside for HUBZones;

b) Each offeror will be checked in www.sam.gov to validate socioeconomic status at proposal submission and at award. An offer will not be evaluated or considered for award if it fails to meet the socioeconomic status requirements;

c) Up to five (5) of the lowest priced technically acceptable HUBZone’s will be awarded.

The work will be performed when authorized by properly executed Task Orders (GSA300)’s which will be issued from time to time for various quantities and types of work provided for in this contract. This authorized work shall be performed only at Government-owned buildings and/ or Government-leased space where GSA has either repair responsibility or authority. This Contract involves a Base Year and Four (4) One (1) Year Options. The North American Industry Classification (NAICS) Code for this project is: 236220, size standard $36.5 million. The Maximum Order Limitation (MOL) (total of the base and all optional periods) is $15,000,000.00.

Note regarding the Maximum Order Limitation: The aggregate Maximum Order Limitation (MOL) of $15,000,000.00 is for the entirety of the contract (base plus all option years). There is no single MOL per contractor nor a single MOL per year.

The scope of work for the projects executed by Task Orders under the Contract include various construction improvements requiring the contractor to furnish all the necessary supervision, labor, parts, tools, materials, equipment, etc., (except as may otherwise be provided for in the specifications).

I.B. The Contract

(1) The Contract consists of the SF 1442 & Supplement, the Agreement, the Statement of Work/Specifications, Drawings, Exhibits, Amendments, Modifications, and other Attachments identified herein (if applicable). The Contract contains the entire agreement of the Parties, and http://www.sam.gov/ 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. Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments

The following documents are incorporated by reference into this Contract.

(1) The Agreement

(2) SF 1442 and Supplement to SF 1442

(3) Wage Determinations – Attachment “A” to the Agreement

(4) 2017 R.S. Means Building Construction Cost Data and all annually updated versions throughout the life of the contract

I.D. Period of Performance

The Initial Contract period shall be for a period of twelve (12) months from the date of contract award. Task Orders may be placed under this Contract from the date of award through the expiration date of said Contract.

I.D.1. Optional Contract Periods

GSAR 552.217-71, Notice Regarding Option(s) (Nov 1992)

The GSA has included an option to extend the term of this contract in order to demonstrate the value it places on quality performance by providing a mechanism for continuing a contractual relationship with a successful Offeror that performs at a level which meets or exceeds GSA’s quality performance expectations as communicated to the Contractor, in writing, by the Contracting Officer or designated representative. When deciding whether to exercise the option, the Contracting Officer will consider the quality of the Contractor’s past performance under this contract in accordance with 48 CFR 517.207.

In accordance with GSAR 517.203, solicitations that include an option to extend should inform Offeror that the contract could result in a long term contractual relationship subject to both of the following conditions: Continuing need by GSA, and level of contract performance that meet or exceeds GSA’s quality performance expectations.

The Government reserves the unilateral right to exercise the options to extend the term of the Contract. This Contract contains options that allow the government to extend the Contract for four (4) one-year option periods.

I.D.2. Option to Extend the Contract

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

The Government may extend the term of this contract by written notice to the contractor within the term of the contract; provided that the Government gives the contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. If the Government exercises this option, the extended contract shall be considered to include this option clause. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

I.E. Contract Values

The awarded Contractors will be guaranteed a minimum of $2,000.00 for the entire contract duration (maximum potential of five (5) to be executed ONLY during the base year, which can be satisfied by the award of one or more Task Orders during the respective Contract period. In the event a firm receives awards of less than this guaranteed minimum, the Government will reimburse the Contractor for the difference between the actual obligation and the guaranteed minimum.

If the Government’s requirements for construction set forth in the Contract do not result in Task Orders in the amounts described throughout the Contract as estimated or maximum dollar values, the event shall not constitute the basis for an equitable price adjustment under any resultant Contract.

It is not mandatory for a contractor to submit proposals for ALL task orders. In regards to a Guaranteed Minimum (which only applies to the initial year or base period), the amount under the proposed contract is $2,000. Failure to submit a proposal in response to any request for proposal issued during the initial year/base period in accordance with the terms and conditions of this contract, will result in the contractor’s forfeiture of this guaranteed minimum amount.

I.F. Task Orders

Task Order issued shall include, but not be limited to the following information:

(a) Date of order;

(b) Contract and delivery order number;

(c) Appropriation and accounting data;

(d) Description of the services to be performed;

(e) Place of performance;

(f) Period of time in which the services are to be performed;

(g) List of Government-furnished material and the estimated value thereof, if applicable;

(h) Description of Project and/or Building Specific Conditions (if any)

(i) Other pertinent information such as drawings, sketches, and scope of work as appropriate; and,

(j) Inspection/Acceptance

(k) Invoice/Payment Information

(l) Signature of warranted ordering official.

I.F.1. Task Order Performance Periods

The time for completion for each Task Order shall be determined under each individual Task Order. Task Orders under this contract may be awarded by the designated, warranted ordering officials at any time within the Contract period. The actual performance of the work may extend beyond the Contract period.

Each task order shall specify dates for starting work and completing work at the job site. The starting date shall not be less than two (2) calendar days (except as may be otherwise agreed upon and between the Ordering Official and the contractor) after issuance of the task order.

Time shall be computed starting with the date the task order was received by the contractor.

I.F.2. Liquidated Damages Rate Liquidated Damages will be established on a Task Order basis as deemed necessary by the Government. The rate and dollar $ amount will be determined per the requirements of the Task Order issued under the Contract. This amount will be deducted from the respective Task Order value for each day a contractor has not reached substantial completion beyond the established completion date.

I.F.3. Additional Task Order Terms and Conditions I.F.3.a. Task Orders under this Contract shall be ordered on GSA Form 300 by a designated warranted ordering official, for various quantities and types of work provided for in this contract.

I.F.3.b. For each task order the contractor or the contractor’s designated representative shall respond in writing or in person to the Ordering Official within 24 hours. Time shall be computed starting with the date and time the task order is received by the contractor, as evidenced by fax, or email.

I.F.3.c. Any Task Order issued during the effective period of this Contract, and not completed within the period, shall be completed by the Contractor within the time specified in the Task Order. The Contract shall govern the Contractor and Government’s rights and obligations with respect to that order as if the order were completed during the Contract period.

I.F.3.d. R.S. Means rates shall be applicable to each Task Order. R.S. Means rates cannot be lower than Davis Bacon Wage rates.

I.F.3.e. Tax Exempt Status

Each contract is subject to its respective Tax Exempt Status, as it varies by state:

Tax Exemption letters and certificates will be furnished to each awarded contractor by the Contracting Officer/Ordering Official upon request from the Contractor.

I.F.3.f. Notes regarding individual Task Orders under this IDIQ:

In order to protect not only the interest of the Government but also the contractor, each individual delivery order proposal shall be a detailed cost estimate showing each line item from R.S. Means with the pricing from the total column (Not the “Total Inc. O&P” column). The subtotal from that column is multiplied by the city cost index and then again by the coefficient for the total price. The definition of the coefficient is any costs not included in a give line item within R.S. Means, such as overhead, profit, permits, project supervision, insurance, etc.

Each line item in R.S. Means has a material, labor and equipment cost that equals the total cost for that line item. The equipment cost is included when it is identified in the crew associated to the line item. If the crew listing does not include a piece of equipment that is required to do the job due to the specific nature of the task order, there is a section in R.S.

Means that has equipment rental rates.

The contractor will make their own independent estimate based off of their interpretation of the SOW and measurements taken at the task order site visit. It is the contractor’s responsibility to have R.S. Means.

An IDIQ contractor will not be penalized for not submitting a proposal in response to an RFQ, other than if they don’t respond to ANY as they will then forfeit the $2,000 guaranteed minimum.

Invoices should be retained by the purchasing contractor/subcontractor as required by law. Invoices shall be furnished to the Ordering Official upon request for supplies purchased, used and consumed in fulfilling the project.

Any foreseen subcontractor markups must be included in the coefficient. Division 1 in R.S. Means are NOT allowed in any task order.

Issuance of the exemption letters and exemption certificates does not relieve the contractor for responsibility for payment for materials or supplies, nor does it create a contractual relationship between GSA and any subcontractor.

I.G. Payment and Performance Bonds

I.G.1. Payment and Performance Bonds will be required on a Task Order basis. At a minimum, Payment Bonds shall be required in the full dollar amount of each Task Order exceeding $35,000.00. Performance and Payment Bonds shall be required in the full dollar amount as deemed necessary by the Task Order's Contracting Officer. The Task Order Contracting Officer shall shall select two or more of the payment protections in accordance with FAR Part 52.228-13.

I.G.2. Offerors are instructed to include known and anticipated bond premiums in the bid factor to be applied to the price schedule. Contractors shall not receive any separate compensation for bond premiums.

I.G.3. Notice to prospective offerors on the use of individual sureties (if applicable – only if not using a corporate surety)

In addition to the information required under the above referenced FAR and GSAR clauses, the following information is required in support of Standard Form (SF 28), "AFFIDAVIT OF

INDIVIDUAL SURETY":

(1) A current list of all other bonds on which the individual is a surety and bonds for which the individual is requesting to be a surety.

(2) CPA - certified balance sheet(s) and income statements(s) with a signed opinion for each individual surety.

The above referenced information will be utilized by the Contracting Officer to determine the acceptability of individuals proposed as sureties.

I.H. Work Conditions/Site Requirements

Knowledge of Conditions Affecting Price. Clauses FAR 52.236-27, Site Visit - Construction, FAR 52.236-3, Site Investigations and Conditions Affecting the Work, and FAR 52.236-3, Site Investigations and Conditions Affecting the Work, are incorporated by reference in this Contract and any Task Orders resulting from this contract.

The Contractor shall be presumed to have established its bid factor and task order proposal with knowledge of general and local conditions that may affect the cost of Contract performance at the site where the Work is to be performed, to the extent that such information is reasonably obtainable.

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

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

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

I.I. Authorized Representative

(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

Name: Omar Reveron Address: 1 World Trade Center, 54th Floor, New York, New York, 10007 Telephone: (212) 264-8734 Email: omar.reveron@gsa.gov

(2) GSAR 552.236-71, Authorities and Limitations, is incorporated by reference in this Contract.

(3) The Contracting Officer identified in I.I.1 will provide awardee with the warranted GSA ordering officials for this Contract at time of award.

I.J. Buy American Exceptions

Bid Factors submitted by Contractors shall assume no exceptions to Buy American Requirements.

See Section IV.A. 52.225-9 Buy American—Construction Materials (May 2014).

I.L. Statement Of Objectives (SOO)

For each Task Order RFQ, the contractor will receive a Statement of Objectives (SOO) from the government and make their own independent estimate based off of their interpretation of the SOO, and measurements taken at the task order site visit.

The contractor shall submit a Statement of Work (SOW), with their proposal, to reflect and verify their interpretation of the Task Order requirements.

mailto:omar.reveron@gsa.gov

II. Prices

II.A. Contract Pricing

Pricing for this contract will be based upon the R.S. Means Building Construction Costs Book

(hereafter referred to as the R.S. Means Book). The R.S. Means Book will be used for the duration of this Contract. The version of R.S. Means Book that is current on the date of contract award shall be utilized until each option period is exercised. Thereafter, the calendar year edition/version of the R.S. Means Book that is current on the date that each option is exercised shall be utilized. This book may be purchased through:

R.S. Means

1099 Hingham Street, Suite 201

Rockland, MA 02370

1-800-334-3509 https://www.rsmeans.com/products/books.aspx

The “Bare Cost” from the R.S. Means Book, when multiplied by the city cost index and the

Offeror’s proposed coefficient, will establish Task Order pricing. The Bare Cost of a unit of work will be determined by the R.S. Means column entitled “Bare Cost”, NOT the column entitled

“Total Incl O&P” (Overhead & Profit).

The price proposals will only be considered after all technical evaluations have been completed and considered acceptable. The price evaluation will be clearly documented and Contracting

Officer.

Additionally the Division 1 – General Requirements section from the R.S. Means Book will NOT be allowed when pricing task orders under the contract. Any consideration for Division 1 –

General Requirements must be included in the offerors bid factor.

EXAMPLE: A Bid Factor of 0.85 would result in 85 percent of the listed Bare Cost when https://www.rsmeans.com/products/books.aspx establishing pricing within the Task Order; and 1.00 would leave the actual Bare Cost values as your proposed pricing.

Firm-Fixed Price Job Order Example: The following sample calculations illustrate how Task

Order pricing will be established using the R.S. Means Book and contractor’s Bid Factor. All Bid

Factors, Bare Costs, and dollar figures are fictitious

(Note: The bid factor example does not include the city cost index relevant to the particular city where the work is being performed).

"EXAMPLE: A Bid Factor of 0.85 would result in 85 percent of the listed Bare Cost when establishing pricing within the Task Order; and 1.00 would leave the actual Bare Cost values as your proposed pricing.

Firm-Fixed Price Job Order Example: The following sample calculations illustrate how Task

Order pricing will be established using the R.S. Means Book and contractor’s Bid Factor. All Bid

Factors, Bare Costs, and dollar figures are fictitious.

Total Bare Cost (Labor, Material and Equipment) $10,000.00

Bid Factor (Base Year) – Zone 1 @ 85% X 0.85

TOTAL JOB ORDER PRICE $8,500.00"

This contract covers economic factors. Based on the 2017 book, in San Juan the city cost index was 78.3%. By including the city cost factor in the equation, we will calculate contract costs.

Example below:

SAN JUAN

Total Bare Cost (Labor, Material and Equipment) $10,000.00

City Cost index - San Juan 78.3% X 0.783

Subtotal $7.830.00

Bid Factor (Base Year) @ 85% X 0.85

TOTAL JOB ORDER PRICE $6,655.50

The Bid Factors are proposed as a percentage (in decimal format) increase or decrease to the R.S. Means Book. The offeror shall limit the Bid Factors to two (2) decimal places.

The offeror shall propose a Base Year Bid Factor and an Option Year Bid Factor for each Option Year.

The offeror’s Bid Factors must be ALL INCLUSIVE and shall include, but is not limited to, the following costs:

1. Labor

2. Materials

3. Equipment

4. Subcontractor costs

5. Subcontractor mark-ups

6. General / Prime Contractor Overhead

7. General / Prime Contractor Profit and risk

8. Bond premiums

9. Social security contributions

10. General insurances

11. Workman’s compensations insurance

12. State unemployment insurance

13. Federal unemployment insurance

14. Mobilization and demobilization costs

15. Site cleanup

16. Labor adjustments between the R.S. Means given labor rates and the Davis/Bacon Labor Rates included in the contract

17. Supervision

18. Quality control

19. Transportation of contractor’s personnel to, from, and within the job site

20. Shipping of all materials to the jobsite

21. Lodging and per-diem

22. Adjustment factors to account for small jobs

23. Incidental tools and equipment

24. Submittals

25. Job Order preparation costs

26. All contingencies

27. All requirements of the Contract

II.B. Contract Price Form

See the attached SF 1442 and Supplement to SF 1442.

III. Terms and Conditions

III.A. Commencement, Prosecution, and Completion of Work

FAR 52.211-10, Commencement, Prosecution, and Completion of Work, is supplemented as follows:

The Contractor shall not commence the Work until the Contracting Officer has issued NTP. The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of the Work, as defined in Section III (Terms and Conditions), “Substantial Completion and Contract Completion” clause, within 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

III.B.1. For the purposes of FAR 52.236-1 Performance of Work by the Contractor, the Contractor shall perform at least fifteen percent (15%) of the work.

Unless otherwise expressly stated in the Contract, the Contractor shall be responsible for all means and methods employed in the performance of the Contract.

III.B.2. RESERVED

III.B.3. The Contractor shall be responsible for coordinating all activities of subcontractors. This responsibility includes coordination of: preparation of shop drawings produced by different subcontractors where their work interfaces or may potentially conflict or interfere and the installation of such work; scheduling of work by subcontractors; and use of the Project site for staging and logistics.

III.B.4. Where installation of separate Work components as shown in the Contract Documents will result in conflict or interference between such components or with existing conditions, including allowable tolerances, it is the Contractor's responsibility to bring such conflict or interference to the attention of the Contracting Officer and seek direction before fabrication, construction, or installation of any affected work. If the Contractor fabricates, constructs, or installs any work prior to receiving such direction, the Contractor shall be responsible for all cost and time incurred to resolve or mitigate such conflict or interference.

III.B.5. Where drawings show work without specific routing, dimensions, locations, or position relative to other work or existing conditions, and such information is not specifically defined by reference to specifications or other information supplied in the Contract Documents, the Contractor is responsible for routing, dimensioning, and locating such work in coordination with other work or existing conditions in a manner consistent with Contract requirements.

III.B.6. It is not the Contractor's responsibility to ensure that the Contract Documents comply with applicable laws, statutes, building codes and regulations. If it comes to the attention of the Contractor that any of the Contract Documents do not comply with such requirements, the Contractor shall promptly notify the Contracting Officer in writing. If the Contractor performs any of the Work prior to notifying and receiving direction from the Contracting Officer, the Contractor shall assume full responsibility for correction of such work, and any fees or penalties that may be assessed for non-compliance.

III.B.7. The Contractor shall immediately bring to the Contracting Officer's attention any hazardous materials or conditions not disclosed in the Contract Documents discovered by or made known to the Contractor during the performance of the Contract.

III.B.8. The Contractor must submit a safety plan before commencing work.

III.B.9. The Contractor assumes the risk of, and shall be responsible for, any loss, damage, destruction, or theft of Government property upon its delivery to the Contractor as Government-furnished property. However, the Contractor is not responsible for reasonable wear and tear to Government property or for Government property properly consumed in performing this Contract.

III.B.10. Contract authority must be vested within the contractor’s designated on-site key personnel. During the execution of each task order one of the contractor’s designated people with contract authority must respond within 24 hours of being contacted by the owner representative.

III.B.11. The contractor will not be provided office space and limited (if any) storage space for materials under this contract, and thus shall be responsible for providing it themselves.

III.C. Contractor Management and Personnel

FAR 52.236-6, Superintendence by the Contractor, is supplemented as follows:

III.C.1. The Contractor shall employ sufficient management and contract administration resources, including personnel responsible for project management, field superintendence, change order administration, estimating, coordination, inspection, and quality control, to ensure the proper execution and timely completion of the Work. 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 life of the Contract.

III.C.2. The Prime Contractor shall provide a full time superintendent while work under each task order is being performed and ensure that his superintendent and superintendence by his subcontractors is maintained on a full-time basis at the site until work required by each task order and the contract is completed including acceptable completion of all work necessary to correct deficiencies and omissions discovered during final inspection. No change in superintending personnel will be allowed without prior approval of the Contracting Officer.

During the execution of each task order, the designated superintendent shall respond appropriately within 24 hours of being contacted by the owner representative.

III.C.3. The Contractor shall employ, and require its subcontractors to employ, qualified personnel to perform the Work. The Government reserves the right to exclude, or remove from the site or building, any personnel for reasons of incompetence, carelessness, or insubordination, who violate rules and regulations concerning conduct on federal property, or whose continued employment on the site is otherwise deemed by the Government to be contrary to the public interest.

III.C.4. Repeated failure or excessive delay by the Contractor to provide qualified personnel shall be deemed a default for the purposes of the Termination for Default clause.

III.D. Extensions of Time

FAR 52.211-13, Time Extensions, is supplemented as follows:

III.D.1. If the Contractor requests an extension of the time for Substantial Completion, the Contractor shall base its request on analysis of time impact using the Project Schedule as its baseline, and shall propose as a new Substantial Completion date to account for the impact.

The Contractor shall submit a written request to the Contracting Officer setting forth facts and analysis in sufficient detail to enable the Contracting Officer to evaluate the Contractor's entitlement to an extension of time.

III.D.2. The Contractor shall only be entitled to an extension of time to the extent that (a) Substantial Completion of the Work is delayed by causes for which the Contractor is not responsible under this Contract, and (b) the actual or projected Substantial Completion date is later than the date required by this Contract for Substantial Completion.

III.D.3. The Contractor shall not be entitled to an extension of time if the Contractor has not effectively provided sufficient data to the Contracting Officer for evaluation in a timely manner.

III.D.4. The Government shall not be liable for any costs to mitigate time impacts incurred by the Contractor that occur less than 30 calendar days after the date the Contractor submits a request for extension of time in compliance with this clause.

III.E. Interpretation of Specifications and Drawings

FAR 52.236-21, Specifications and Drawings for Construction, and GSAR 552.236-77, Specifications and Drawings, are supplemented as follows:

III.E.1. Different requirements within the Contract Documents shall be deemed inconsistent only if compliance with both cannot be achieved.

III.E.2. 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.

III.F. Submittals

FAR 52.236-21, Specifications and Drawings for Construction, GSAR 552.236-78, Shop Drawings, Coordination Drawings, and Schedules, and GSAR 552.236-79, Samples are supplemented as follows:

III.F.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. 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.

III.F.2. 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. 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.

III.F.3. 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 as may be indicated in the Project Schedule. The Contractor shall not be entitled to receive notice of action on submittals containing variations from Contract requirements in less than twenty (20) working days.

III.G. Substantial Completion and Contract Completion

FAR 52.211-10, Commencement, Prosecution, and Completion of Work, FAR 52.211-12, Liquidated Damages (Construction), and GSAR 552.246-72, Final Inspection and Tests, are supplemented as follows:

III.G.1. For the purposes of FAR 52.211-10, Commencement, Prosecution and Completion of Work, and FAR 52.211-12, Liquidated Damages (Construction), the Work shall be deemed complete when it is “Substantially Complete.” The Work shall be deemed "Substantially Complete" if and only if the Contractor has completed the Work and related Contract obligations in accordance with the Contract Documents, such that the Government may enjoy the intended access, occupancy, possession, and use of the entire Work without impairment due to incomplete or deficient work, and without interference from the Contractor's completion of remaining work or correction of deficiencies in completed work. In no event shall the Work be deemed Substantially Complete if all fire and life safety systems are not tested and accepted by the Authority Having Jurisdiction, where such acceptance is required under the Contract.

III.G.2. With reasonable advance notice, the Contractor shall submit to the Contracting Officer a written proposal recommending a Substantial Completion date (Notice of Substantial Completion). The Contracting Officer shall conduct inspections and make a determination of Substantial Completion within a reasonable time. If the Contracting Officer takes exception to the Notice of Substantial Completion, the Contractor shall be entitled to a written notice of conditions precluding determination of Substantial Completion.

III.G.3. The Contractor shall only be entitled to an extension of time to address such conditions if, and to the extent that, the Contracting Officer provides notice of such conditions more than ten (10) calendar days after receipt of the Notice of Substantial Completion.

III.G.4. Substantial Completion shall be established by the Contracting Officer's issuance of a written determination specifying the date upon which the Work is Substantially Complete.

III.G.5. The Contract is complete (Contract Completion) if and only if the Contractor has completed all Work and related Contract obligations, corrected all deficiencies and all punch list items, and complied with all conditions for final payment.

III.G.6. Unless otherwise specifically noted, or otherwise clear from context, all references in this Contract to "acceptance" shall refer to issuance of a written determination of Substantial Completion.

III.G.7. The Contractor shall not be entitled to final payment or release of any retainage held by the Government until after Contract Completion. If the Contractor does not achieve Contract Completion within the time required by this Contract, the Government shall be entitled, after providing notice to the Contractor, to complete any work remaining unfinished. The Contractor shall be liable to the Government for all costs incurred by the Government to complete such work.

III.H. Use and Possession Prior to Substantial Completion

FAR 52.236-11, Use and Possession Prior to Completion, is supplemented as follows:

Exercise by the Government of the right conferred by FAR 52.236-11 shall not relieve the Contractor of responsibility for completing any unfinished components of the Work.

III.I. 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.J. Liquidated Damages

FAR 52.211-12, Liquidated Damages is supplemented as follows:

III.J.1. 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 within the time specified in each task orders, the Contractor shall be liable to the Government for liquidated damages at the rate specified in each task order for each calendar day following the required completion date that the Work is not Substantially Complete.

III.J.2. If the Contract requires different completion dates for different phases or portions of the Work, the Contractor shall be liable for liquidated damages at the specified rate for each calendar day following the required completion date that the phase or portion of Work is not Substantially Complete. If a single rate is specified, the specified rate shall be apportioned between the different phases or portions of the Work.

III.J.3. If the Government elects to accept any portion of the Work not specifically designated as a phase or portion of Work with its own required completion date, the liquidated damage rate shall be apportioned between accepted work and uncompleted work, and the Contractor's liability for liquidated damages shall be computed accordingly.

III.K. Insurance Requirements

III.K.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.

III.K.1.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. Workers’ compensation should be included in the coefficient as it is not an allowable cost per delivery order since it is in division 1 of the R.S. Means.

III.K.1.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.

III.K.1.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 $20,000 per occurrence for property damage.

III.K.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.L. 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) Construction Contract Clauses (Section III.B of the Agreement)

(2) Other Provisions of the Agreement (Sections I, II, and III.A of the Agreement)

(3) Specifications, Exhibits and Other Attachments (Section I.B.1 of the Agreement)

(4) Task Order Clauses

(5) Other Provisions of the Task Orders

(6) The Statement of Work – Task Orders

(7) The Specifications – Task Orders

(8) The Drawings – Task Orders

(9) Exhibits and Other Attachments – Task Orders

All Task Orders are subject to the Contract requirements. In case of inconsistency between a Task Order and the Contract, the Contract shall control due to Order of Precedence.

III.M. Administrative Matters

III.M.1. Payments FAR clause 52.232-5, Payments under Fixed-Price Construction Contracts, is supplemented as follows:

III.M.1.a. Before submitting a request for payment, the Contractor shall attend pre-invoice payment meetings each month, as scheduled, with the designated Government representative for the purpose of facilitating review and approval of payment requests. Payment meetings may be conducted in person or by telephone. The Contractor shall provide documentation to support the prospective payment request.

III.M.1.b. The Contractor shall submit its invoices to the Contracting Officer. Separate payment requests shall be submitted for progress payments, payments of retainage, and partial or final payments.

III.M.1.c. If the invoice does not meet the requirements of FAR Clause 52.232-27 (a)(2) and the requirements specified in Subparagraphs (3)(a),(d),(e),and(f) of the Administrative Matters clause, the Contracting Officer may return the invoice to the Contractor without payment for correction. If the Contracting Officer disputes the requested payment amount, the Government may pay the portion of the requested payment that is undisputed.

III.M.1.d. Electronic invoicing and the submission of other documents required for payment is acceptable by submitting to the designated billing office specified in this Contract or task order with a courtesy copy to the Contract Specialist, Contracting Officer, Project Manager and COR where applicable. Electronic invoicing only relieves the contractor of submitting hard copies of documents. It does not relieve the contractor of any required forms or information mandated by this contract.

III.M.1.e. Invoices must include the Account Document Number (ADN) assigned at award.

III.M.1.f. The Contractor shall submit the following information or documentation with each invoice:

(i) GSA Form 184, 184A and/or 184B - Construction Progress Report (Construction Phases Only) or AIA Form G702, 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) GSA 3017: Labor Standards Interview (on case by case basis as deemed necessary to ensure compliance with labor standards;)

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

(v) Additional documentation:

1. Normally, a single payment for all work performed for each task order will be made upon formal inspection and acceptance. However, the Contractor is entitled to monthly payment as the work proceeds. Consequently, where the time for completion of the work to be performed exceeds one month or when unanticipated delays occur, a progress payment to the Contractor may be issued.

2. The Contractor is required to bill the ordering agency in accordance with the billing instructions furnished on the ordering agency's task order. The ordering agency is responsible for timely payment and for resolving any billing problems in regard to orders they place.

III.M.1.g. GSA will not be obligated to issue final payment unless the Contractor has furnished to the Contracting Officer a release of claims against the Government relating to this Contract, and submitted all required product warranties, as-built drawings, operating manuals, and other items as specified in the Contract. The Contractor may reserve from the release specific claims only if such claims are explicitly identified with stated claim amounts. All release forms must bear the original signature of the signer and must be affixed with the Contractor’s corporate seal or the seal of a Notary Public.

III.M.2. 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

III.M.3. Payment Information The General Services Administration (GSA) makes information on contract payments available electronically at http://www.finance.gsa.gov. The Contractor may register at the site and review its record of payments. This site provides information only on payments made by GSA, not by other agencies.

III.M.4. Security Clearances Contractor shall comply with the following requirements pertaining to security clearances:

The General Contractor and the designated Project Manager Contractor Suitability Clearance Point of Contact (Project Manager/COR) shall comply with all security requirements and directions provided by the GSA Office of Mission Assurance (OMA) Kansas City Office. All contractor employees must receive a favorable suitability determination, security clearance, and meet all security requirements, as required by Homeland Security Presidential Directive-12 (HSPD-12) prior to reporting to work or performing work under this contract. Contractor employees that cannot obtain a favorable security determination, security clearance, and meet all security requirements, will not be permitted to work on GSA contracts or in GSA controlled facilities.

If the GSA Contracting Officer (CO), Contracting Officer's Technical Representative (COTR), Project Manager (PM), or Project Manager Contractor Suitability Clearance Point of Contact receives an unfavorable or unsuitable report on any employee (or if a prospective employee is http://www.finance.gsa.gov/ found to be unsuitable or unfit), such employee will not be allowed to work nor be assigned to work under the contract.

The Government has full and complete control over granting, denying, withholding or terminating clearances for all contractor employees. A temporary contractor is a non-federal employee performing only project work on Federal premises on a non-recurring, or intermittent basis from 1 calendar day up to 180 calendar days. These individuals must receive a Special Agreement Check (SAC) Favorable Suitability Determination. However, the granting of a temporary clearance shall not be considered as assurance that National Agency Check with written Inquiries (NACI) Long-Term Suitability Adjudication will follow. The granting of either temporary (SAC) or long term (NACI) adjudication shall not prevent, preclude, or bar the withdrawal or termination of any such clearance by the Government. Temporary contractors will not receive an (HSPD)-12 GSA Access Card.

The Office of Personnel Management (OPM) has implemented the Federal Investigative Standards (FIS) according to the phased Federal Investigative Standards Implementation Plan issued by the Suitability and Security Executive Agents. Consistent with the Initial Operating Capability (IOC) requirements of the FIS Implementation Plan, OPM is conducting Tier 1 investigations in lieu of the former National Agency Check and Inquiries (NACI) (SF 85) product and Tier 2 investigations in lieu of the former Moderate Risk Background Investigation (MBI) (SF 85P). The terms NACI and Tier 1 Investigation are interchangeable.

Homeland Security Presidential Directive HSPD-12 is the “Policy for a Common Identification Standard for Federal Employees and Contractors” (the Directive) that became effective August 27, 2004. The Directive requires all Federal governmental departments and agencies to conduct background investigations and adjudicate the results (HSPD-12 compliant suitability determinations) for all contract employees requiring routine unescorted access to Federally-controlled facilities and/or information systems for more than 6 months before consideration can be made for the issuance of a GSA access identification card.

All contractors are required to be given, at a minimum, a preliminary favorable in order to start working.

The Contracting Officer or his/her designee shall provide the Contractor with required forms for obtaining necessary clearances. The Contractor shall be required to cause such forms to be returned to the Government for processing not later than 7 days following being provided by the Government.

The Contractor shall be responsible for planning and scheduling its work in such a manner as to account for facility access issues. Difficulties encountered by the Contractor in gaining access to facilities by its employees and subcontractors shall not be an excuse for Contractor’s failure to perform under the contract.

The award letter to the successful offeror will identify a Project Manager/COR for the security clearance process. Upon receipt of the letter, the awardee will immediately contact the GSA Project Manager/COR for this contract and provide a Contractor security clearance point-of-contact (POC) for contractor and subcontractor employees.

The Contractor POC will be responsible for ensuring timely submittal and accuracy of security clearance applications. He or she will also have the responsibility of monitoring and tracking all security clearance submissions. The GSA Security Sponsor or the OMA KC office will send additional forms and instructions regarding the security clearance process to the Contractor POC via email.

The Contractor is responsible for all fingerprinting and coordinating the fingerprinting process.

The Contractor POC will be required to submit a list of contractor employees for whom they are seeking security clearances, including their position on the contract.