C101_Supplemental_IDIQ_MultipleAward.docx_-_1.25.18.pdf

Construction Contract Templates

Region 3 Supplemental Instructions for C101/DB101 – Agreement Template – IDIQ Multiple Award

Solicitation #: 47PD0218R0002

Maryland Indefinite Delivery/Indefinite Quantity Multiple Award Contract for Construction Services with Design-Build Capabilities

III.A.14(c)(vi)(E) Additional documentation:

Special Payment Instructions for IDIQ Contracts:

1. Normally, a single payment for all work performed for each delivery 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 delivery order. The ordering agency is responsible for timely payment and for resolving any billing problems in regard to orders they place.

III.A.15. Additional Terms and Conditions

Special Terms and Conditions for IDIQ Contracts:

1. SUMMARY OF CONTRACT CONDITIONS

a. General: The purpose of this contract is to establish terms and conditions upon which the Contractor(s) will affect repairs and alterations to Government owned and leased space in various buildings within the geographic boundaries established in this contract, under task orders issued by the Contracting Officer and Designated Ordering Officials. Task orders will primarily be for construction; however, GSA reserves the right to include design-build services.

b. Location of work. The work ordered under this contract may be performed in any Government-owned building or Government-leased space within the entire State of Maryland and, also, Jefferson and Berkeley Counties in West Virginia, including but not limited to repairs, alterations, renovations and modernization of buildings or portions thereof.

c. Orders. This contract is an Indefinite Quantity Term Contract(IQC). An IQC provides for the furnishing of an indefinite quantity, within stated limits, of certain property or services during a specified time period. Deliveries will be scheduled by the placement of orders upon the Contractor. This contract shall include all materials, labor, and equipment required to perform the work described in the specifications.

d. Estimated Contract Value: The approximate quantity of contract services anticipated to be performed under all of the contracts awarded each year through this solicitation is unknown.

However, the range in value for task orders issued under this ID/IQ is $150,000 to $2.85M. This is merely an estimate and does not in any way limit GSA from ordering up to the annual maximum stated in Paragraph n, below, nor does it guarantee awardees any work above the guaranteed minimum stated in Paragraph k, below.

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e. Multiple Awards: The Government intends on selecting a minimum of three (3) contractors and a maximum of six (6) contractors for said contract. The exact number of awardees will be determined by the Source Selection Team during the evaluation of proposals and will be based primarily on the number, location, and capabilities of the highest rated firms as well as GSA’s anticipated workload over the term of the contract.

f. The Government may order services that do not fall within the stipulated minimum/maximum order limitations, but the Contractor may reject such orders by written notice to the ordering official. If the Contractor does not reject these orders within five (5) days of receipt, such orders shall be deemed accepted, and all provisions of the contract shall apply.

g. Delivery orders shall not be split into several orders to avoid compliance with the preceding ordering limitation.

h. Building Access: Access to these buildings may be obtained by contacting the Building Manager, whose address and telephone number will be given with each request for proposal and subsequent task order.

i. Length of Contract. The base period of this contract shall last for a period of 12 consecutive months beginning on or about July 1, 2018. Task Orders may be placed beginning the first day of the contract through the expiration date of the contract.

j. Options. This contract includes four (4) options periods to extend the term of the contract for an additional year. Option I will last for one (1) year, beginning the day after the expiration of the base period;Option II will last for one (1) year, beginning the day after the expiration of the base period; Option III will last for one (1) year, beginning the day after the expiration of the base period; Option IV will last for one (1) year, beginning the day after the expiration of the base period, should the Government choose to extend any or all options. The Government has the unilateral right to exercise the options. Please refer to contract clauses associated with options.

k. Guaranteed Minimum (ONLY APPLIES TO THE INITIAL YEAR OR BASE PERIOD).

The guaranteed minimum amount under the proposed contract is $2,500 for the initial year or base period of each contract. If the awardee does not receive an order, or several orders, totaling $2,500 or more during the initial year/base period of the contract, the Government will be obligated to pay that awardee the guaranteed minimum amount of $2,500. 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.

l. Each delivery order will specify the anticipated percentage of work to be performed during normal hours and the percentage of work to be performed during non-working hours.

Normal working hours will be listed in each Request for Proposal issued for a specific building.

m. Time for Performance

(1) Time for performance for a delivery order will be specified in the scope of work.

(2) Liquidated damages amounts may be determined and included as part of each individual delivery order.

(3) If a contractor does not complete the work in the time specified, liquidated damages may be assessed by the Ordering Official at the rate specified in the delivery order.

n. MAXIMUM: The Maximum Order Limitation (MOL) shall be $50,000,000.00 (Fifty

Million dollars) for all task orders for the entire term of the contract. The $50,000,000.00 aggregate limit will not be separated equally per awardee. There is no yearly limitation, only the maximum limitation.

2. DEFINITIONS

General Explanation: A substantial amount of specification language consists of definitions for terms found in other contract documents, including drawings. (Drawings must be recognized as requirements thereon). Certain terms used in contract documents are defined in this article.

Definitions and explanations contained in this section are not necessarily either complete or exclusive, but are general for the work to extent that they are not stated more explicitly in another element of contract documents.

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Contracting Officer. A Contracting Officer is an official authorized to administer contracts and make related determinations and finding under FAR 2.1, and who is warranted pursuant to ADN2851.3. This official has the sole authority to issue modifications to the contract, resolve disputes and terminate the contract.

Contracting Officer Representative (COR). A COR is a Government employee authorized in writing, by name and position title, to represent the Contracting Officer in the administration of a contract. This person may also be referred to as the GSA “Project Architect” or “Project Engineer.” See the section on DESIGNATIONS OF AUTHORITY.

Ordering Official. The ordering official is an employee of GSA or another Federal agency that has been authorized in writing by the Contracting Officer to place delivery orders against GSA indefinite quantity contracts. See the section on DESIGNATIONS OF AUTHORITY.

Delivery Order/Task Order. A delivery order/task order is an instrument for ordering supplies and services against an indefinite quantity contract. See the section on PROCESSING

DELIVERY ORDERS/TASK ORDERS.

Specialist. The term "Specialist" as used in the specification shall mean an individual or firm of established reputation (or, if newly organized, whose personnel have previously established a reputation in the same field), which is regularly engaged in, and which maintains a regular force of workmen skilled in either (as applicable) manufacturing or fabrication of items required by the contract, installing items required by the contract or otherwise performing work required by the contract. Where the contract specification requires installation by a Specialist, that term shall also be deemed to mean either the manufacturer, or an individual or firm who will perform the work under the manufacturer's direct supervision.

Nonscheduled Item. This is an item or service not listed in the Supplemental Sheets to Standard Form 1442, but incidental to and associated with the general scope of work, or an item having the same general characteristics as a scheduled item. Placement of a nonscheduled item is subject to all applicable Government rules and regulations regarding sole source procurement justification.

Approved. Only the Contracting Officer, or an individual designated by him in writing, can approve or disapprove contract actions. Even if the specifications indicate that the individual other than the Contracting Officer (such as the "Project Architect” or “Project Engineer") will approve or disapprove an action, it is understood that only the Contracting Officer has the authority unless the individual is so designated by him in writing. Even when an individual is so designated, the Contracting Officer's decision shall be final. If no case will "approval" by the Contracting Officer be interpreted as a release of the Contractor from responsibility to fulfill requirements of the contract.

Project Architect or Project Engineer: A Government employee assigned to manage activities for the Government during the course of the construction of the project. Also referred to as the Contracting Officer's Representative (COR).

Project Title: The space available to Contractor for performance of the work, either exclusively or in conjunction with others performing other work as part of the project. The extent of site is shown on the drawings, and may or may not be identical with description of land upon which project is to be built.

Furnish: Except as otherwise defined in greater detail, the term "furnish" is used to mean supply and delivery to project site including unloading, unpacking assembly, installation, etc., as applicable in each instance.

Install: Except as otherwise defined in greater detail, term "install" is used to describe operations at project site including unloading, unpacking, assembly, erection, placing anchoring, applying working to dimension, finishing, curling, protecting, cleaning and similar operations, as applicable in each instance.

Provide: Except as otherwise defined in greater detail, the term "provide means furnish and install, complete and ready for intended use, as applicable in each instance.

Installer: The term "installer" is defined as the entity (person or firm) engaged by the contractor or its subcontractor or sub-sub-contractor for performance of a particular unit of work at the project site, including installation, erection, application and similar required operations. It is a

C101 Supplement – Mult. Award IDIQ Page 3 of 17 DEC 2017 general requirement that such entities (Installers) be expert in operations they are engaged to perform.

Testing Laboratory: The term "testing laboratory" is an independent entity engaged to perform specific inspections or tests of the work, either at project site or elsewhere; and to report and (if required) interpret results of those inspections or tests.

General Requirements: The provisions or requirements of Division - 1 sections apply to entire work of Contract and, where so indicated, to other elements which are included in project.

Indicated: The term "Indicated" is a cross reference to graphic representations, notes or schedules on drawings, to other paragraphs or schedules in the specifications, and to similar means of recording requirements in contract here terms such as "shown", "noted", "scheduled", and "specified" are used in lieu of "indicated", it is for purpose of helping reader locate cross-reference, and no limitation of limitation of locations is intended except as specifically noted.

Directed, Requested, etc: Where not otherwise explained terms such as "directed", "requested", and "authorized", "selected", "approved", "required", "accepted", and "permitted", mean directed by the Contracting Officer", "requested by the Contracting Officer", and similar phases. However, no such implied meaning will be interpreted to extend the Contracting Officer's responsibility into Contractor's area of construction supervision.

3. DESIGNATIONS OF AUTHORITY.

a. As designations are made for the position of (1) ordering official and (2) Project Architect or Engineer, the Contractor shall be advised in writing of the names of individuals so designated and their responsibilities, authorities and limitations.

b. DESIGNATION OF PROJECT ARCHITECT OR ENGINEER (also referred to as the Contracting Officer’s Representative (COR)).

Please note: The term "COR" as used in this section refers to any individual designated by the Contracting Officer as his/her representative and includes the designation of an individual as "Project Engineer", "Project Architect", or "Construction Engineer".

1. A Project Architect/Engineer shall not be given authority to modify or terminate an indefinite quantity contract.

2. The Contracting Officer's letter of delegation to his/her representative shall contain specific instruction as to the extent to which the representative may take action for the Contracting Officer, and shall set forth all other responsibilities, authorities and limitations associated with the delegation.

3. Functions of a Project Architect or Engineer may include: resolution of issues between the Contractor and the Government in connection with matters of workmanship or technical compliance; approval and acceptance of work; placement of and modifications to delivery orders; and inspections.

4. A Project Architect or Engineer shall perform only those functions specially designated in the letter of delegation, even though the individual may hold a limited Contracting Officer's warrant.

c. DESIGNATION OF ORDERING OFFICIAL

1. An ordering official shall receive a letter of delegation from the Contracting Officer that outlines his/her responsibilities, authorities and limitations.

2. Ordering officials will be employees of GSA and shall in all cases be warranted Contracting Officers acting within the limits of their authority.

3. An ordering official shall not be given authority to modify or terminate a contract.

4. METHOD OF PLACEMENT OF ORDERS UNDER MULTIPLE AWARD CONTRACTS

a. The Contracting Officer/Ordering Official will provide each awardee a fair opportunity to be considered for each order in excess of $3,000, except as provided in paragraph (f) below.

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b. Upon identification of a requirement, the Contracting Officer or Ordering Official will make a determination whether the action will be competed among the awardees. It is the Government’s preference to compete orders among all awardees. In each instance, the Contracting Officer or Ordering Official will also determine whether non price-related factors will be considered in the placement of the order. Non-price evaluation factors which may be considered in placing an order with a particular awardee may include, but are not limited to, past performance on earlier tasks under this contract, quality of deliverables, expertise, cost control, price, cost, or other factors that the Contracting Officer or Ordering Official believes are relevant to the award of a delivery order to an awardee under the contract.

c. Oral proposals may be used when selecting an awardee.

d. The Contracting Officer/Ordering Official need not contact each awardee under the contract before selecting an order awardee if the Contracting Officer/Ordering Official has information available to ensure that each awardee is provided a fair opportunity to be considered for each order.

e. Awardees need not be given an opportunity to be considered for a particular order in excess of $3,000 if the Contracting Officer/Ordering Official determines that:

1. The need for such supplies of services is of such urgency that providing such opportunity would result in unacceptable delays;

2. Only one such contractor is capable of providing such supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized

3. The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order; or

4. It is necessary to place an order to satisfy a minimum guarantee.

f. The Government reserves the right to perform work of the same type covered in this contract, with its own forces or by contract.

g. Whether an individual delivery order is priced competitively among all awardees or negotiated sole source with one awardee, all proposal preparation costs for a particular RFP are to be included in the offeror’s price proposal for that project. GSA does not envision a large amount of design work prior to preparation of a proposal for a design-build project. Most of the RFP’s that will be issued under this contract will contain basic information about the requirement, such as space layouts provided by a tenant agency, which will have to be developed some by the offerors.

5. MODIFICATIONS TO THE CONTRACT

a. Contract Modifications. Only the Contracting Officer may issue modifications to or terminate this contract. In cases where the Contracting Officer receives requests for extra work (nonscheduled items, a determination shall be made as to the appropriate method of procurement in accordance with the section on PROCESSING DELIVERY ORDERS.

b. Delivery Orders. Designated GSA Project Architects or Engineers, and designated ordering officials shall have the authority to modify delivery orders within their specified limitations. They shall not be permitted to make changes to unit prices, make changes in the scope or the specifications, or make any other changes that are not within the scope of this contract.

c. Variances in Services Ordered versus Services Delivered.

The ordering official shall reconcile any variances exceeding the limits set forth in the section on PROCESSING DELIVERY ORDERS, in services ordered versus services delivered as shown on the delivery order and the inspection report. This shall be done by the ordering official and copies sent to the Contracting Officer and the GSA Building Manager. Variances that do not fall within the ordering official's designated authority, shall be referred to the GSA Project Architect or Engineer, or to the Contracting Officer.

6. PROCESSING DELIVERY ORDERS

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a. Each delivery order shall be considered for all contract requirements such as scope of work, performance time, payments, and otherwise, provided, that the requirements are in accordance with the terms and conditions of this contract.

b. Contract Number. Each delivery order shall reference this contract number.

c. Start and Completion Date. Each delivery order shall specify the start and completion date of the work. The starting date shall not be less than three (3) calendar days after receipt of the delivery order by the Contractor. The number of days for completion shall be as specified in the

SUMMARY OF CONTRACT CONDITIONS.

d. Written Delivery Order. No work shall be performed under this contract until a written delivery order has been issued in accordance with the rules of this contract. For the purpose of this contract, a delivery order shall be deemed to be "issued" at the time the Government deposits the order in the mail.

e. Location of Work. Each delivery order shall give the exact location of the work, including room number where applicable.

f. Single Building. Each delivery order will be limited to work within a single building.

g. Sketches. Drawings or rough sketches shall be provided to the Contractor as necessary to identify the location, description and extent of the work.

h. GSA Form 300. Order for Supplies and Services shall be used by GSA ordering officials for initiating delivery orders. Ordering officials of other Federal Agencies shall use GSA Form 300, Standard Form 147, or another GSA approved purchasing document. Agency order officials shall furnish at the appropriate times one (1) copy of the delivery order and any subsequent amendments thereto to the Building's Manager and to the GSA Administrative Contracting Officer.

g. Individuals issuing delivery orders against this contract must comply with the regulations set forth in the section on DESIGNATIONS OF AUTHORITY.

h. GSA. All delivery orders exceeding $100,000, including any amendment to a delivery order that will cause it to exceed $100,000, shall be submitted to the Contracting Officer for approval. If the Contracting Officer determines that placement of the order is in the best interest of the Government, the Contracting Officer shall authorize the ordering Official as appropriate, in writing, to issue the delivery order.

i. The Contractor's failure or refusal to accept delivery orders within the ordering limitations may constitute cause for termination.

j. The Contractor shall supply the Contracting Officer the names of those in his organization that are authorized to accepted delivery orders on behalf of the Contractor.

k. After a delivery order is issued, the Contractor or his duly authorized representative must sign it, agreeing to accept the work described and all the conditions of the order including the time limits specified. He must then return a copy of the signed delivery order to the ordering official.

Failure to return a signed delivery order, or objections to it within five (5) working days shall be deemed acceptance by the Contractor.

l. When the Contractor completes the work, he shall notify the Contracting Officer or the ordering official. A representative of the Contracting Officer will then inspect the work, measure the quantity of work actually accomplished, and verify that it meets the specification requirements.

m. IT SHOULD BE NOTED BY THE CONTRACTOR THAT ACCEPTANCE OF WORK

ACCOMPLISHED BY GSA IN NO WAY RELIEVES THE CONTRACTOR OF CRIMINAL

RESPONSIBILITY FOR FRAUD IN MISREPRESENTING EITHER THE QUALITY OR

QUANTITY OF WORK CERTIFIED AS COMPLETED BY THE CONTRACTOR. PROVISIONS

OF 18 USC, SECTION 287 ARE APPLICABLE TO ANY SUCH REQUEST FOR PAYMENT ON

FORM 300. THAT SECTION PROVIDES: "WHOEVER MAKES OR PRESENTS TO ANY

PERSON OR OFFICER IN THE CIVIL, MILITARY OR NAVAL SERVICE IN THE UNITED

STATES, OR TO ANY DEPARTMENT OR AGENCY THEREOF, KNOWING SUCH CLAIM TO

BE FALSE, FICTITIOUS OR FRAUDULENT, SHALL BE FINED NOT MORE THAN $10,000, OR

IMPRISONED NOT MORE THAN FIVE (5) YEARS, OR BOTH." THE CONTRACTOR IS ALSO

ADVISED THAT THE PROVISIONS OF 18 USC, SECTION 10001 ARE ALSO APPLICABLE TO

ANY STATEMENTS OR CLAIMS MADE AS TO WORK ACTUALLY PERFORMED OR

ACCOMPLISHED.

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7. REPORT OF DELIVERY ORDERS

a. The Contractor shall furnish monthly reports listing all delivery orders including changes received under the contract during the reporting month by line item, with dollar value of each order or change

b. Such reports shall be submitted on a GSA Form 72 "Contractor's Report of Orders Received" or Contractor's own letterhead and forwarded within ten (10) working days after each reporting period to:

General Services Administration, Region 3 The Dow Building 100 S. Independence Mall West ATTN: Jacqueline De Simone Philadelphia, PA 19106

c. A reporting period shall be at the end of each calendar month, whether or not the contract is in force for the full month. If no orders are received during a reporting period, a negative report shall be submitted. Reports shall continue until all work ordered under this contract is completed and accepted by the ordering agent.

d. Willful failure or refusal to furnish the required reports, or, falsification thereof, or denial of said right to inspect Contractor's records shall constitute sufficient cause for Default in accordance with the Construction Contract Clauses.

8. INSPECTION AND ACCEPTANCE OF WORK.

a. The GSA Project Architect or Engineer, with the assistance of the ordering officials shall be responsible for ensuring that the Contractor performs all work in accordance with all contract terms and specifications. At no time will the GSA Project Architect or Engineer supervise contract employees. First-line supervision and inspection by the Government shall not relieve the Contractor of that responsibility.

b. The GSA Project Architect or Engineer shall be responsible for ensuring the required inspections of the work performed under provisions of the contract are made and that the work meets all the requirements of the contract.

c. Ordering Officials of other Federal Agencies and GSA shall be responsible for ensuring that the work completed under their respective orders is inspected to ensure that materials and workmanship have been provided in accordance with the terms of the contract and that approved supplies or equipment have been unused. The individuals performing the inspection shall prepare a written report using GSA Form 220, Inspection Report on Work Under Contract, GSA Form 3025, or other GSA approved inspection document, Final payment shall not be made until the inspection is completed and any omissions are corrected.

d. The individual who initiates the order shall not inspect and accept the work. This also applies to ordering officials of other Federal Agencies. The person who inspects the work shall sign the applicable inspection or receiving report. When the Mid-Atlantic Region has a representative in the geographic area where the field office is located, the GSA Project Architect or Engineer should have the inspection made by this representative. When this is not possible, the inspection should normally be made by a representative from the appropriate crafts shop.

e. When preparing the GSA Form 220, GSA Form 3025, or other approved inspection report forms, the inspector shall reflect all significant events of the inspection in narrative form including but not limited to delays encountered, status of work, adequacy of the Contractor's workforce, corrective actions taken, and general conditions of the work. The inspection report shall be signed and dated by the inspector, and the original and one copy shall be furnished to the designated ordering official or GSA Project Architect/Engineer, as applicable. Any unsatisfactory work or omissions noted and not corrected shall be listed on GSA Form 2480, List of Defects and Omissions or equivalent shall be furnished to the designated ordering official. The ordering official shall require the Contractor to correct the deficiencies. If a resolution cannot be reached at this level, the matter will be referred to the GSA Project Architect or Engineer for resolution, C101 Supplement – Mult. Award IDIQ Page 7 of 17 DEC 2017 and in turn, to the Contracting Officer if not resolved by the Project Architect/Engineer. Ordering officials and the GSA Project Architect/Engineer should be particularly alert to detect and report damage to the building or its contents caused by the contractor's personnel.

f. INSPECTIONS OF SITES OR BUILDINGS: It shall be the bidder's responsibility to ascertain possible conditions at the site, including such things as elevator sizes and capacities, existing building materials and components, etc.

g. INSPECTION, CONTRACT COMPLETION, AND CLEAN UP: Notification of completion and request for inspection of work shall be required for each work order.

9. LIQUIDATED DAMAGES

a. In case of failure on the part of the Contractor to complete the work within the time period specified in each order or any extensions thereof, liquidated damages should be assessed by the Contracting Officer at the rate specified in each order.

b. The Contracting Officer may grant extensions of time for periods of excusable delay according to the Termination for Default - Damages for Delay - Time Extensions Clause, or by making an equitable adjustment under the Changes Clause. The Contractor shall submit information to show that the delay was beyond the fault or negligence of himself or his subcontractors, and suppliers.

10. PAYMENTS ON DELIVERY ORDERS: See III.N.(3)

11. PAYROLLS.

a. The Contracting Officer, with the assistance of the GSA Project Architect or Engineer, and ordering officials, is responsible for the enforcement of the Davis-Bacon Act. The Davis-Bacon Act requires that the Contractor pay contract employees minimum salary and fringe benefits, that the Contractor submit weekly-certified payrolls, and allows contract employees to be interviewed concerning their salaries and fringe benefits.

b. The Contractor shall maintain payrolls and basic records relating thereto in accordance with the Contract Labor Standards Provisions, and as further required hereunder.

c. Certified payrolls shall be submitted weekly to the Contracting Officer within five (5) working days after the work week period. Submission must be by separate delivery order. Each submission shall identify the applicable order number.

d. The contracting officer, with the assistance of the COR and ordering officials, is responsible for enforcing the Davis-Bacon Act under GSAR 522.4. Enforcement of safety, health, accident and fire prevention provisions of the contract rest with the ordering officials of other agencies when they place orders. The Davis-Bacon Act requires that contractors pay their employees the minimum salary and fringe benefits designated in the contract, that they submit weekly payrolls, and that they allow their employees to be interviewed concerning salaries and fringe benefits.

e. The contracting officer must require that a certified consolidated payroll be submitted by the contractor each week for any delivery orders placed against the contract. The payroll must be submitted to the contracting officer through the COR; the COR may retain payrolls until the delivery order is completed and final payment made, and may be delegated the authority to check payrolls. The contractor may use any payroll form that contains the information shown on Form WH-347, Payroll, which is certified by the contractor. In addition to the required wage information on each employee, the contractor must break down the consolidated weekly payroll to show the number of hours each employee worked on each delivery order during the weekly period. If Form WH-347 is used, the contractor may have to list an employee's name more than once to provide the information needed for each delivery order. A confidential interview is required for each craft and should be done at staggered intervals, when work is in progress, during the life of the contract; that is, interviews are not required on every delivery order. At least one person from each craft must be interviewed. GSA Form 3017, Labor Standards Interview, must be used to document results of the interviews. The GSA Form 3017 must be compared with the payrolls to determine the contractor's compliance or noncompliance with the labor standards provisions.

Both payrolls and records of interviews must be made part of the contract file. The procedures at GSAR 522.3 are to be followed when there is a violation of the Contract Work Hours and Safety Standards Act.

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f. The COR must see that the contractor displays posters WHPC-1321, Notice to Employees Working on a Government or Government Financed Construction Contract, and OFCCP-1420, Equal Employment Opportunity is the Law, at the jobsite(s). A copy of the wage decision must also be posted.

g. The last payroll submission for each delivery order shall state "FINAL" to indicate completion of work under the applicable delivery order.

12. PRECONSTRUCTION CONFERENCE AND DELIVERY ORDER MEETINGS.

a. Before any of the work within the scope of the contract is started, the Contractor shall confer with the GSA Project Architect or Engineer, and the Building Manager and agree on a sequence of procedure; means of access to premises and building; delivery of materials and use of approaches; use of corridors, stairways, elevators and similar means of communications; and the location of partitions, eating spaces, and restrooms for Contractor's employees and the like.

b. Items to be covered at the conference may include the following:

1. Provide advance information and coordinate projected schedules with the officials of the tenant agencies before setting the time and date for work to be performed.

2. Advance plans for accommodating the Contractor's personnel during the period of each order, as warranted by local conditions;

3. Entrances and exits that Contractors will be permitted to use;

4. Platforms for loading and unloading;

5. Elevators, stairways, corridors, etc;

6. Parking for Contractor's vehicles, if available;

7. Storage space for Contractor's equipment, materials, supplies;

8. Access to and storage of Government furnished materials and supplies to be used;

9. Personal needs of Contractor's employees (bathrooms, locker rooms, etc.);

10. Other assistance necessary to see that work will progress in a time manner;

11. Security of Government property; and

12. Make arrangements to monitor Contractor's activities as determined necessary.

c. Meetings or discussions may be held before the effective date of each delivery order, except when the Contractor is sufficiently informed about all aspects of the work to be performed and the GSA Project Architect or Engineer believes a meeting is, therefore, unnecessary, a meeting need not take place.

13. SCHEDULING WORK

a. Before the issuance of the first delivery order in a particular building, a conference may be conducted by the Contracting Officer at the field office to acquaint the Contractor with Government policies and procedures that are to be observed, to develop a mutual understanding concerning the administration of the contract, and to make provisions for the Contractor's use of the Government equipment and facilities.

b. SUBMITTALS:

(1) Submission shall be made to the designated COR.

(2) After issuance of an authorized work order, submit all items for approval within 5 working days, from date of order noted on the delivery order.

(3) Contractor shall submit samples or shop drawings (including manufacturing data) for items not listed herein, upon request by the COR.

14. USE OF BUILDING FACILITIES

a. Utility services of the building may be used in this work. Toilet facilities are available on the site and may be used by the workmen subject to agreement reached with Building Manager prior to beginning work.

b. Elevator Use. Any temporary use of an existing elevator shall be by arrangement with the Building Manager and subject to his controls. Suitable and adequate protective covering for the elevator machinery, the hatchway entrances, and the interior of elevator shall be provided during the period of temporary use. Loads in excess of the rated capacity of the elevator will not be

C101 Supplement – Mult. Award IDIQ Page 9 of 17 DEC 2017 permitted. The Government will bear the cost of electric current for the operation of the elevator.

On completion of the work, the Contractor shall remove the protective coverings together with any resultant dirt and debris, and leave the equipment in a condition equal to that in which he found it.

c. Furniture in the immediate area will be moved by the Contractor and replaced to original position.

d. Safety Barricades. The Contractor shall provide safety barricades in accordance with requirements of the applicable municipal ordinances and codes.

e. Barricades shall be removed upon completion of the project, in accordance with local ordinance and to satisfaction of the Contracting Officer.

f. Any special hazardous operations relating to the public, building occupants or property, as welding, burning, spray painting, storage of flammables, etc. shall be discussed with the Government Representative prior to proceeding.

g. All Government furnished materials will be delivered to dockside at the building where the work is to be performed. Contractor is responsible for transportation of the Government furnished materials from the dockside to the actual construction location in the building.

h. Construction materials and items of mechanical and electrical equipment that are removed and not reused under the contract shall become the property of the Contractor and the salvage value shall be reflected in the bids. Materials removed and not reserves as property of the Government and not reused in the work shall be removed from the site by the Contractor.

Storage or sale of excess salvable on the site will not be permitted.

i. Delivery of materials and equipment shall be made with a minimum of interference to Government operations and personnel.

j. The work shall, so far as is practicable, be done in definite sections or divisions and confined to limited areas which shall be completed before work in other sections or divisions is begun.

15. OCCUPANCY OF PREMISES: In most instances, the premises will be occupied during the performance of the work. The contractor shall not disrupt the building tenants or in any way prevent the various agencies from performing their missions. Excessive noise, dust, and/or other potential disruptions shall be grounds for stopping work under the Suspension of Work (FAR 52.242-14) and Noncompliance with Contract Requirements (GSAR 552.211-84) Clauses. The Contractor shall be responsible for all costs incurred with work stoppages necessitated by excessive noise, dust and/or other disruptions to the operations of a building’s tenants.

16. EXISTING WORK

a. Existing work shall be cut, drilled, altered, removed or temporarily removed and replaced as necessary for performance of work under this contract. Work that is replaced shall match similar existing work. Structural members shall not be cut or altered, except where noted on drawings, without authorization of the Contracting Officer. Work remaining in place which is damaged or defaced during performance of work shall be restored to the condition existing at time of placement of delivery order.

b. Work out of alignment when exposed by removal of existing work shall be called to the COR's attention.

c. The use of impact tools for cutting concrete or for installation of inserts and the use of power actuated tools will not be permitted in occupied office building during Government working hours.

Impact tools and power actuated tools may be used during non-Government working hours with written permission of the COR for the work order involved. Notify the COR if after work was not ordered prior to start of delivery order.

17. MAINTAINING EXISTING BUILDING CONDITIONS

a. The Contractor shall provide adequate protection for all parts of the building, its contents and occupants wherever work under this contract is performed. Furniture, office fixtures and carpets shall be moved as necessary for proper performance of the work, stored on the premises, protected and properly replaced. All moving operations shall be as directed by the Buildings Manager and will be so conducted as to cause minimum interference with Government business.

b. The Contractor shall provide dust proof enclosures or partitions for protection where dusty or dirty work is performed. Debris shall be dampened when removed to avoid dusting.

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c. Any item of furniture or office fixture damaged by the Contractor's forces shall be replaced and repaired by the Contractor to the condition they were in at the time the Contractor started to work in the room or space, at no additional cost to the Government.

d. All debris shall be removed daily and premises left neat and clean after each work shift so that Government business may proceed the next regular work day without interruption. Debris interfering with Government business shall be removed within two hours of being requested to do so by the Buildings Manager, the GSA Project Architect or Engineer, or the ordering official.

Failure to do so may result in debris removal by Government employees or other Contractors at the expense of the Contractor.

e. The Contractor shall use rubber-tired vehicles for conveying materials inside buildings and provide temporary covering when necessary, to protect floors.

f. No materials shall be thrown from windows or doors of buildings.

g. NEW WORK: Unless otherwise noted on the delivery order or specified, new work in extension of existing conditions shall correspond in all respects with that to which it connects, or to similar existing conditions, in materials, workmanship and finish.

h. EQUIPMENT ON THE SITE: Equipment and furnishings shall remain in place within the area of contract operations and shall be covered and protected against damage or loss. Equipment that is removed in performance of work under the contract shall be stored on the premises where directed, or shall be reused in work as required by drawings and specifications. Equipment temporarily removed shall be protected, cleaned, and replaced equal to its condition prior to starting work under the contract. Security for equipment or material that is to be reused for temporary storage shall be the sole responsibility of the Contractor. Equipment shall not be placed, moved, or stored in any area that will block egress to any space at the site, unless arrangements are made through the Building manager.

i. MATERIAL ON THE SITE: Material removed and not reserved as property of the Government and not reused in the work shall be removed from the site by the Contractor. Storage or sale of salvageable material on the site will not be permitted.

18. FIRE PROTECTION

a. Every precaution shall be taken by the Contractor to prevent fire by any cause. The Building Manager will assign space for the storage of materials and equipment, and expect for combustible and flammable materials. They shall be kept in the space assigned. The Contractor shall provide suitable metal receptacles with lids outside the building in which he shall place all flammable and combustible material at the close of each workday. When the Contractor is working above the ground floor in a multi-story building, he may locate a flammable locker on the floor where the work is to be done. All flammables will be place in this locker at the close of each workday and locker will be locked.

b. Fire protection or alarm systems shall be protected and maintained at all times. Where alteration work requires temporary interruptions of fire protection or alarm systems, prior approval shall be secured from the Contracting Officer and shut down time shall be as short as reasonably possible.

19. NOISE CONTROL

a. Equipment to be employed on site shall not produce a noise level exceeding the following limits in db(A) at a distance of 50 feet from the equipment under test:

Equipment db(A) Material Handling Crane 83 Derrick 88 Stationary Pumps 76 Generators 78 Compressors 81 Impact

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Pneumatic Tools 86 Other Saws 78

b. The Contractor shall comply with all applicable state and local laws, ordinances, and regulations relative to notice control.

c. Stationary equipment may be provided with acoustical enclosures to provide the required sound attenuation subject to continued maintenance of such enclosure to assure that maximum sound levels specified are not exceeded.

d. Where filed sound measurements reveal sound levels exceeding those listed above, the Contractor shall cease operating such equipment and repair or replace it with equipment complying with these sound levels.

19. CLEAN UP AND ENVIRONMENTAL PROTECTION

a. The Contractor shall provide daily broom-sweep cleanup and removal of all debris and trash from the area of work so as to leave the area in a neat, clean condition after each work shift. The Contractor shall perform the necessary tasks to ensure that the Governments day-to-day business proceeds without interruption and shall provide the safety precautions necessary to protect the public's interest.

b. It shall be the responsibility of the Contractor to provide for trash, debris and rubbish removal and to make arrangements with the GSA/PBS Building Manager for a mutually agreed schedule.

c. Final cleanup after completion of work and before final payment is authorized; the Contractor shall broom sweep work area and all adjacent areas. The Contractor shall remove all unused or partially used construction materials, equipment, debris, rubbish and garbage from the building.

d. Burning of refuse shall not be permitted on the site.

e. All trucks leaving the site with loose debris shall be loaded in a manner that will prevent dropping of materials on streets and shall have suitable tarpaulin fastened over the load before they enter surrounding paved streets.

f. The Contractor shall conform to all local regulations regarding load limits.

g. All supplies and equipment on project site shall be stored in such a manner as to preclude mechanical and climatic damage. Site shall be maintained in a neat and orderly manner as to further minimize hazards to personnel, supplies, and equipment.

20. PERFORMANCE AND PAYMENT BONDS

a. Prior to commencement of work on an awarded task order, the contractor will be required to provide Performance and Payment Bonds or alternate payment protection, as follows:

(1) Orders less than or equal to $35,000: No additional protection required

(2) Orders over $35,000 but less than or equal to $150,000: Alternate payment protection in accordance with FAR 52.228-13, Alternative Payment Protections

(3) Orders over $150,000: Performance Bond: 100% of the awarded delivery order amount. Payment Bond: 100% of the awarded delivery order amount.

b. When additional bonding is required, the provisions of FAR 28.102-2(b)(1) and FAR 28.102-2(b)(2) shall apply.

FAR 52.228-13 Alternative Payment Protections (July 2000) Applicable to task orders over $35,000 but less than or equal to $150,000

(a) The Contractor shall submit one of the following payment protections:

1. Payment Bond

2. Irrevocable letter of credit (ILC)

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

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(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of clause)

FAR 52.228-15 Performance and Payment Bonds—Construction (Oct 2010) Applicable to task orders over $150,000

(a) Definitions. As used in this clause— “Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (. The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (. The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money…