RestackPhase2BSolicitation47PD0121R0022FormalAmendment001.4.26.pdf

William J. Green Federal Building Restack Renovation Project Phase 2B

Philadelphia PA, 19106

Solicitation Number 47PD0121R0022

GOVERNMENT’S FORMAL AMENDMENT 001/April 26, 2021

All Amendments must be acknowledged with your price proposal.

1. This document represents the Government’s Formal Amendment 001 for the above referenced Solicitation.

2. This amendment adds additional Federal Acquisition Regulation Clause’s and language to the Solicitation and Agreement.

3. This amendment clarifies the page limitation restrictions outlined in the

Solicitation: The Past Performance Questionnaire is NOT considered part of the page limitation for Phase 1 submissions; however, any letters of commendation, awards, etc., will be subject to the page limitation restrictions.

4. Pursuant to GSAM 536.204, the magnitude of this construction project is estimated to be in the range of $30,000,000.00-$50,000,000.00

AWARD IS SUBJECT TO THE AVAILABILITY OF FUNDING

All other terms and conditions of the Solicitation remain unchanged.

FAR 52.219-4 Notice of Price Evaluation preference for HUBZone Small Business

Concerns (March 2020) [DEVIATION JUN 2020]

(a) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(b) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes.

(c) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The

HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR

126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror. (End of clause)

PART 1 - SECURITY REQUIREMENTS AND PERSONAL IDENTITY VERIFICATION AND

CREDENTIALING PROCEDURES FOR CONTRACTORS AND SPECIFIC REQUIREMENTS

(NON-CLASSIFIED CONTRACT)

1.1 The General Services Administration (GSA) reserves the right to verify the identities of personnel with routine, unaccompanied access to GSA space, or Information Technology (IT) systems. The term Contractor used throughout this section shall refer to General/Prime

Contractor, Subcontractor(s) and all their personnel. The Contractor shall comply with the GSA personal identity verification procedures outlined below, that implement

Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget

(OMB) guidance M-05-24, and the Federal Information Processing Standards Publication (FIPS

PUB) Number 201, as amended. All Contractor personnel performing work on a GSA contract may be required to have a background investigation conducted and the results favorably adjudicated (HSPD-12 compliant suitability determinations) for all contract personnel requiring routine unescorted access to Federally-controlled facilities and/or IT systems for more than 6 months before identification cards may be issued.

1.2 Based on the building type (leased or owned) and the Facility Security Level (FSL) the GSA reserves the right to conduct background checks on Contractor personnel who support GSA contracts and require routine access to GSA facilities and IT systems. . Contractors unable to obtain a favorable security determination or meet security requirements will be removed from the project and denied official access to federal facilities and IT systems.

A. The Government has full and complete control over granting, denying, withholding or terminating suitability determinations for Contractor personnel. The Government may authorize and grant temporary suitability to personnel of the Contractor. However, the granting of a preliminary suitability determination shall not be considered as a guarantee;

that the employee will receive a favorable final suitability determination. The granting of either a preliminary or final suitability determination shall not prevent, preclude, or bar the withdrawal or termination of any such suitability determination by the Government.

B. Contract personnel working less than 6 months may be considered “temporary”. GSA may require low risk suitability determinations be completed for temporary contract employees, or have the option of granting unescorted access to temporary contractors based on the preliminary favorable results, a National Agency Check (NAC) consisting of NCIC and NLETS checks, an FBI fingerprint check, and a Citizenship and Immigration Services check. Short-term access based on the favorable results of a NAC for temporary access is only good for six months and cannot be extended or redone. Those requiring unescorted access greater than six months may have to undergo an HSPD-12 compliant suitability determination. Temporary contract personnel that are not required to receive a favorable suitability determination may be required to be escorted at all times while in non-public space.

1.3. The Contractor shall account for all GSA credentials issued to Contractor personnel in connection with the performance under this contract. The Contractor shall immediately return credentials issued by GSA under any of the following conditions:

http://www.whitehouse.gov/news/releases/2004/08/20040827-8.html http://www.whitehouse.gov/news/releases/2004/08/20040827-8.html http://www.whitehouse.gov/news/releases/2004/08/20040827-8.html http://www.whitehouse.gov/news/releases/2004/08/20040827-8.html http://www.whitehouse.gov/news/releases/2004/08/20040827-8.html http://www.whitehouse.gov/news/releases/2004/08/20040827-8.html http://www.whitehouse.gov/news/releases/2004/08/20040827-8.html http://www.whitehouse.gov/news/releases/2004/08/20040827-8.html http://www.whitehouse.gov/omb/memoranda/fy2005/m05-24.pdf http://www.whitehouse.gov/omb/memoranda/fy2005/m05-24.pdf

A. When the employees is no longer required for contract performance.

B. Upon completion of the Contractor employee’s employment.

C. Upon contract completion or termination.

D. In the event a previously issued preliminary Enter on Duty (EOD) determination is revoked.

1.4. The Contracting Officer may delay final payment or execute an equitable adjustment under the contract, if the Contractor fails to comply with these requirements.

1.5. The General/Prime Contractor shall insert these requirements in all subcontracts. It shall be the responsibility of the General/Prime Contractor to return all credentials issued by the GSA and any other sources in association with this contract and in accordance with the terms set forth in paragraph 1.3, above.

PART 2 - FEDERAL DEBT REDUCTION AND OVERSIGHT OF FEDERAL FUNDS

2.1 The GSA has a fiduciary responsibility to provide oversight of federal funding. The Contractor will work with the GSA to reduce expenditures, and assure oversight of federal tax dollars when requesting background checks. In order to reduce expenses and ensure prudent use of federal funds, the Contractor will make every effort to pre-screen, or interview prospective personnel to help ensure they are suitable for employment, and are able to pass a background check prior to submitting employee applications to GSA.

2.2 After the Contactor submits a request for background investigations to the GSA, the Contractor must monitor the employee’s progress through completion of the process. The Contractor must provide follow-up and monitoring, ensure the requested individual(s) responds to requested information, and completes all required forms within the prescribed times allowed. The Contractor must ensure the Contracting Officer or their Designated Representative has all of the requested documentation to ensure the completion of the application. The Contractor shall assign and dedicate a single Point of Contact (POC) for the overall control, management, and oversight of all employee suitability investigation applications. This POC will be responsible for following up when requested to ensure timely and accurate document submissions for background investigations.

2.3 The Adjudicating Office reviewing the employees application may forward a written notification to contractor personnel for clarification information that pertains to the background investigation requesting additional information or supporting documentation. The POC shall ensure this inquiry is responded to in a timely manner.

PART 3 - ADJUDICATION AUTHORITY

3.1 GSA and its Authorized Agent, the Office of Personnel Management (OPM) or any other named designee, will be responsible for conducting the HSPD-12 background investigations, and credentialing of Contractor’s personnel. GSA has the over arching authority to process the HSPD-12 background investigations, as directed by the Office of Personnel Management

(OPM).

PART 4 -PROCESSING OF HSPD-12 INVESTIGATIONS AND CREDENTIIAL PROCEDURES

4.1 Submission of Forms: All Contractor personnel requiring facility or IT system access, may be responsible to fill out and complete security HSPD-12 forms and fingerprint cards prior to being allowed access. GSA will provide detailed instructions on the HSPD-12 process, the forms to be submitted, and the handling of the forms after the contract has been awarded. Depending on the level of responsiveness and timeliness of individual Contractor personnel, a maximum of seven (7) days is expected for the completion and submission of all forms by the applicant for review through the GSA. More importantly, however, the Contractor and the single Point of Contact (POC) managing all employees has the responsibility to submit applications in a timely fashion so as not to delay any project activities or the overall project schedule. Initiation of the suitability investigation forms are required to be provided for all applicants a minimum of thirty (30) days prior to access being required without the need for a HSPD-12 credential, or sixty (60) days prior to access being required when a HSPD-12 credential is required. Access requirements by Contractor personnel shall be based on the contract time performance requirements, and the planned activities on the approved project schedule. The Contracting Officer or their Designated Representative will notify the Contractor in writing if any Contractor personnel receive an unfavorable decision on their background investigation, and effective immediately; the individual will no longer be allowed to work on the project. The Contractor shall be responsible for planning and scheduling its work in such a manner as to account for the facility or IT access investigation requirement time frames.

Difficulties encountered by the Contractor’s personnel in gaining access when required by not fulfilling application requirements in a timely manner shall not be an excuse for Contractor non performance under the contract, or the granting of any time extensions.

A. Throughout the life of the contract, the Contractor shall be responsible to follow these same procedures for any new Contractor personnel, who will require access to GSA’s space or IT systems.

B. Also throughout the life of the contract, the Contractor shall maintain a listing of current/active personnel that have received a favorable suitability investigation and/or have a credential. The Contractor shall provide the Contracting Officer or their Designated Representative, an updated listing of current/active personnel when requested. The Contractor is also responsible to show on that same list when personnel are no longer working on the project for whatever reason. The Contractor shall immediately return the credential of any individuals that are no longer requiring access.

4.2. Unsuitable Personnel: If the Contracting Officer receives an unsuitable report on any contract personnel after the processing their application, or if the GSA finds a prospective contract employee to be unsuitable or unfit for their assigned duties; the Contractor shall be advised immediately by the Contracting Officer or their Designated Representative that such personnel cannot continue to work or be assigned to work under the contract. The Contractor must then take action to remove the employee from the GSA contract.

4.3 Criteria for Eligibility: Refer to GSA Order 9732.1 or 5 CFR 731 which outlines the disqualifying and mitigating factors for personnel acceptance.

4.4 Prior Background Investigation: Contract personnel background investigations obtained through this process may be acceptable if the it can be validated equal to or higher level than required of the contract, and there is no break in service from which that favorable suitability was provided. The employee still needs to be vetted through the GSA HSPD-12 process to consider the applicant’s claim to possessing an active suitability, and being granted access under this GSA contract.

4.5. Identification Credential: When GSA initiates a National Agency Check with Written Inquiries (NACI) suitability investigation and the applicant receive a favorable initial suitability Enter on Duty (EOD) determination, access to the facility or IT system is typically granted at that time. If there is a requirement that in addition, a credential is to also be issued, the Contract employee will need to enroll, and then activate that credential prior to being granted access to the facility or IT system. Credentialing requirements, when applicable, are describe later in this section.

A. Contractor personnel with credentials shall be required to comply with all applicable access security screening procedures applicable to Government or other personnel possessing similar credentials, or as determined by the building practices as defined by the Facility Security Committee.

B. All Contractor personnel possessing credentials (PIV or otherwise) shall visibly display their credentials at all times while in the building(s) where work is being performed.

C. The Contractor shall be responsible for ensuring that all identification credentials are returned to the GSA when Contactor personnel are no longer employed, providing service under the contract, the contract ends or the employee preliminary access is revoked.

D. The Contractor shall notify the GSA when credentials are lost. If the Contractor is determined to be negligent, the Contractor may be responsible for reimbursing the Government for its cost in issuing a replacement credential.

4.6 Contractor personnel may be required to submit additional personnel information to other

Government Agencies affected by the contract work and based on working within that Agency’s space.

PART 5 - GSA FINGERPRINTING CREDENTIAL CARD: CONTRACTOR’S TRAVEL COSTS

5.1. Contractor personnel who require routine access to GSA-controlled facilities and/or access to GSA IT systems must receive a preliminary favorable HSPD-12 security background investigation, before receiving a GSA credential card. Fingerprinting, however, is required for all applicants to receive an investigations. Therefore, all applicants will be required to visit a credentialing center as described below to enroll and be fingerprinted. Not all contractors, however, will receive a HSPD-12 credential and need to return for pick-up and activation of that credential.

5.2. Following a favorable HSPD-12 security background investigation, Contractor personnel may be required activate a GSA credential card at a designated location. The credential card is also a photo Identification card, which includes biometric information. The following information is provided to assist the Contractor in estimating the costs that may be associated with this requirement. The Contractor will be expected to utilize the nearest credentialing site to their offices, closest the applicant’s residence or place of contract performance. The credentialing station may be a mobile station in the area, or as a fixed open station whose location(s) can be located through the following source: http://www.fedidcard.gov/centerlocator.aspx.

Credentialing centers that are listed as “Open to all Agency personnel” are open to all customer agencies including GSA Contractors. Credentialing centers that are listed as “For use by personnel from this Agency only” mean that they are only open to personnel of that specific agency that is hosting that credentialing center. Currently a minimum of two visits to a credentialing center may be required to enroll and activate the GSA credential. The first visit is to enroll for the credential, and the second visit may be required to pick-up and activate the credential. Travel distance to a credentialing center will vary based on availability of enrollment and activation stations identified in the link above. Additional visits to a credentialing center may also be required if the card holder needs to recertify their credential certificate (every 3 years), or when the employee will need to renew their GSA credential that has expired (every 5 years).

Additional visits may also be required for lost or damaged credentials needing replacement.

5.3. If a GSA credential card is required, the Contractor would be responsible for all travel and labor costs associated with fingerprinting to meet the background investigation along with the credential card enrollment and activation steps to meet HSPD-12 requirements. Travel costs may be comprised of mileage, vehicle rental, or other modes of transportation, per diem, and lodging. These costs are considered reasonable to the extent that they do not exceed, on a daily basis, the maximum rates in effect at the time of travel, as set forth in the Federal Travel

Regulation, Chapter 301 – Temporary Duty (TDY) Travel Allowances, which can be accessed at the following website: http://www.gsa.gov/ftr. Information on Privately Owned Vehicle (POV)

Mileage Reimbursement Rates can be accessed at the following website:

http://www.gsa.gov/travelpolicy.

5.4 Any annual training requirements associated with IT access that may be required for continued use of the GSA credential is expected to be completed within a timely fashion.

Otherwise, the employee’s access may be revoked and the credential taken away.

PART 6 – GENERAL EMPLOYEE CONDUCT

6.1 Standards of Conduct: The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary.

6.2 Removal from Contract Work:

A. As provided in the GSAR clause at 552.237-71, entitled "Qualifications of Employees", the contracting officer or a designated representative may require the Contractor to remove any employee(s) from GSA controlled buildings or other real property under http://www.fedidcard.gov/centerlocator.aspx http://www.gsa.gov/ftr http://www.gsa.gov/travelpolicy

Government control, should it be determined that the individual(s) is either unsuitable for security reasons or otherwise unfit to work on GSA controlled property. This shall include, but not be limited to, instances where an employee is determined, in the Government's sole discretion, to be incompetent, careless, insubordinate, unsuitable or otherwise objectionable.

B. A contractor employee may also be removed where the continued employment of the contractor employee in connection with the Government work is deemed, in the Government's sole discretion, contrary to the public interest, inconsistent with the best interests of security, or a potential threat to the health, safety, security, general well being or operational mission of the facility and its population.

C. Where a contractor employee is granted a preliminary suitability determination, and an unfavorable final suitability determination is later rendered, the Government may insist on the contractor employee's removal from the work site and from other work in connection with the Contract.

D. The Contractor shall be responsible for providing replacement employees in cases where contract employees are removed at no additional cost to the Government.

Additional Terms and Conditions

A. GENERAL INDUSTRY SAFETY AND HEALTH STANDARDS

The Department of Labor OSHA requires that all contractors involved in construction on

Government owned or leased property comply with the Incorporation of General Industry Safety and Health Standards applicable to Construction Work and Technical Amendments, Final Rule

29 CFR Parts 1910 and 1926 as published in the Federal Register Volume 58, No. 124, June

30, 1993.

In addition, any Contractor that performs construction type work on any GSA project as defined by the Scope of the referenced regulation is required to (1) provide and maintain his own protective equipment and devices, etc; and (2) require all subcontractors used on site to follow these same provisions in the regulation.

B. SAVE HARMLESS AND INDEMNITY AGREEMENT

The Contractor shall save and keep harmless and indemnify the Government against any and all liability claims, and cost of whatsoever kind and nature of injury to or death of any person or persons and for loss or damage to any property (Government or otherwise) occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work in connection with this contract, or in connection with his selling or offering to sell construction materials on the site, resulting in whole or in part from the negligent acts or fault of Contractor, any subcontractor, or any employee, agent, or representative of Contractor or any subcontractor.

C. SUPPLEMENTAL INSURANCE REQUIRMENTS

The following information supplements Section III.L., Insurance Requirements if hazardous materials are removed, transported or disposed of as part of this contract:

POLLUTION LIABILITY INSURANCE

Hazardous Material shall mean any hazardous or toxic substance or waste as defined in any environmental law, regulation, rule, ordinance, by-law, order or determination of any governmental or judicial authority at the federal, state, or local level applicable to the relevant site. It includes, but is not limited to, any petroleum or petroleum product, asbestos, polychlorinated biphenyls (PCB's), contaminated equipment, and underground and aboveground storage tanks and the contents thereof.

The contractor shall provide to GSA the scheduled insurance coverage described below, without exclusion, for liabilities arising out of the removal and transportation of hazardous materials. All insurance shall be provided to GSA by the contractor or its subcontractor performing the work and name GSA as an additional insured and certificate holder.

The coverage shall be a minimum of $1,000,000.00 per occurrence for all projects. If the contractor provides sufficient written proof to the Contracting Officer that occurrence coverage is not available from the insurance industry for the required coverage but is available on a claims made basis, then such coverage shall begin on the date of the contract award and shall survive for a minimum of three (3) years following the date that the last of any hazardous materials were removed, transported, disposed of and/or deposited at an appropriate EPA licensed facility. If insurance is available from the insurance industry on an occurrence basis, coverage shall survive the period of performance of this contract and beyond until such time as is reasonable that a claim might arise out of the work performed, such period of time being no less than seven (7) years. Additionally, all insurance coverage shall survive until all hazardous materials are disposed of in an ultimate EPA licensed disposal facility, including an incinerator, and until all federal, state and local environmental requirements have been complied with, whether such compliance is the obligation of the contractor, its subcontractor, GSA or other third parties. All disposal facilities shall provide GSA written evidence that they are licensed EPA disposal facilities and that they maintain pollution liability insurance of not less than

$1,000,000.00, which covers all claims arising from the disposal facilities' handling and storage of the hazardous materials. Pollution liability insurance for the transportation of the hazardous material may be carried by the transporter with limits not less than $1,000,000.00 per occurrence and, unless otherwise waived in writing by the Contracting Officer, shall name GSA and the contractor as additional insured.

D. STANDARD OF CONDUCT

Contractor and contractor's representatives shall demonstrate a cooperative, positive, welcoming, respectful, professional, and businesslike demeanor and shall present a neat, job-appropriate (professional) appearance.