01._DB_101_Final.pdf

Sol. Reference No. 47PD0319R0020

Document: DB101-SB/APRIL 2019 (The Agreement)

Design Build Contract for:

East Field Office Large Term IDIQ for Pennsylvania: Counties of Philadelphia, Delaware, Chester, Montgomery and Bucks; New Jersey: All counties excluding Bergen, Passaic, Morris, Essex, Hudson, Monmouth, Middlesex and Union; and Delaware: Entire State

The Agreement

(The Agreement)

Table of Contents

I. Project Information A. Project Summary B. The Contract C. Period Of Performance D. Work Conditions/Site Requirements E. Authorized Representatives F. Contract Liquidated Damages Rate G. Buy American Exceptions H. Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments

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

III. Terms and Conditions A. Commencement, Prosecutions and Completion of Work B. Contractor Responsibilities C. Submittals D. Finality of Contract Modifications E. Liquidated Damages F. Insurance Requirements G. Order of Precedence H. Administrative Matters I. Non-Compliance with Contract Requirements J. Safeguarding Sensitive Data and Information Technology Resources K. Options and Allowances L. Additional Terms and Conditions

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

ii. GSAR 552.236-75, Evaluation Exclusive of Options (Mar 2019)

iii. GSAR552.236-76, Basis of Award – Sealed Bidding Construction (Mar 2019)

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

IV. Contract Clauses A. Clauses Incorporated in Full Text

1. FAR 52.222-99 Establishing a Minimum Wage for Contractor (JUL 2014)

(DEVIATION)

2. FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

3. FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 08)

4. GSAR 552.204-9 Personal Identity Verification Requirements (OCT 2012)

5. GSAR 552.211-10 Commencement, Prosecution and Completion of Work

(Mar 2019)

6. GSAR 552.211-12 Liquidated Damages-Construction (Mar 2019)

7. GSAR 552.211-13 Time Extensions (Mar 2019)

8. GSAR 552.211-70 Substantial Completion (Mar 2019)

(The Agreement)

9. GSAR 552.232-5 Payments Under Fixed-Price Construction Contracts (Mar 2019)

10. GSAR 552.236-6 Superintendence by the Contractor (Mar 2019)

11. GSAR 552.236-11 Use and Possession Prior to Completion (Mar 2019)

12. GSAR 552.236-15 Schedules for Construction Contracts (Mar 2019)

13. GSAR 552.236-21 Specifications and Drawings for Construction (Mar 2019)

14. GSAR 552.236-71 Contractor Responsibilities (Mar 2019)

15. GSAR 552.236-72 Submittals (Mar 2019)

16. GSAR 552.252-6 Authorized Deviations in Clauses (Deviation FAR 52.252-6)

(Sep 99)

17. Buy American Requirements

18. Additional Clauses

i. GSAR 552.236-70 Authorities and Limitations (Mar 2019)

ii. GSAR 552.236-73 Subcontracts (Mar 2019)

iii. GSAR 552.243-71 Equitable Adjustments (Mar 2019)

19. Special 8(a) Requirements

20. FAR 52.222-62, Paid Sick Leave under Executive Order 13706 (Jan 2017)

21. FAR 52.223-21, FOAMS (Jun 2016)

B. Clauses Incorporated by Reference C. Subcontract Requirements

(The Agreement)

I. Project Information

I.A. Project Summary

This indefinite delivery indefinite quantity (IDIQ) multiple award term contract is to provide general construction services. In addition, design work incidental to construction as well as design-build work are included. The applicable NAICS code is 236220 (Commercial and Institutional Building Construction.

Individual task orders to be placed under this contract will range in value from $30,000 to $3,000,000, however there may be individual orders with lower or higher costs placed against this contract. The contract term will be for one (1) base year with four (4), one-year options. The aggregate Maximum Ordering Limitation (MOL) over the entire life of the contract (base and option years) is approximately $75,000,000. In other words, there is no single MOL per contractor nor a single MOL per year, other than the MOL of the entire contract.

Services under this contract will include general repair and alteration services to Government-owned and leased facilities as identified in the solicitation. This contract may also be used to procure design-build task orders. Projects will be evaluated separately on a task order basis and offerors may be required to submit additional information pertaining to their ability to successfully perform these projects as necessary and required.

The geographic area of this work includes:

Pennsylvania: Counties of Philadelphia, Delaware, Chester, Montgomery and Bucks;

New Jersey: All counties excluding Bergen, Passaic, Morris, Essex, Hudson, Monmouth, Middlesex and Union; and

Delaware: Entire State.

Additional work may be negotiated in surrounding counties.

The contracts will include pre-negotiated line item pricing and also include the authority to negotiate non-line item work as necessary. This contract will be utilized by both the Regional and Field Office personnel.

I.B. The Contract

The Contract consists of the SF1442, the Agreement, the Statement of Work, Specifications, Drawings, Exhibits, Amendments, Modifications, and other Attachments identified herein (collectively, the Contract Documents). The Contract contains the entire agreement of the

(The Agreement)

Parties, and no prior written or oral agreement, express or implied, shall be admissible to contradict or modify any part of the Contract.

(2) The Contractor shall provide and pay for all labor, materials, equipment, tools, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution of the work described in and reasonably inferable from the Contract Documents (the Work), whether temporary or permanent. In consideration for, and upon condition of, the Contractor's completion of the Work, GSA shall pay the Contractor the price or prices established in Section II, subject to the terms and conditions set forth in this Contract.

I.C. Period of Performance

(1) Commencement. The Contractor shall commence performance of the Work within 10 days after the Contractor receives the Notice to Proceed (NTP).

(2) Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, no later than _**_ calendar days from issuance of Notice to Proceed (NTP).

**Substantial Completion dates will be established for individual task orders.

(3) Contract Completion. The Contractor shall achieve Contract Completion, as the term is defined in this Agreement, within 60 calendar days of Substantial Completion.

I.D. Work Conditions/Site Requirements

Work Conditions/Site Requirements will be determined on a Task Order level basis.

I.E. Authorized Representatives

(1) This Contract is between the United States of America, acting by and through the Administrator of General Services (GSA), and the Contractor (the Parties). References in this Contract to "the Owner" or "the Government" shall be understood to refer to GSA. The following individual is designated as the only authorized GSA representative under this Contract, unless other warranted contracting officers are designated in writing:

Authorized Representative Information:

Contracting Officer’s Informatio

Name: Daniel Langan

Address: 100 S. Independence Mall West, Philadelphia, PA 19106

Telephone: : 215-446-4690

Email: daniel.langan@gsa.gov

(The Agreement)

(2) For the applicable authorities and limitations see Section IV of this Agreement, GSAR 552.236-70.

I.F. Contract Liquidated Damages Rate In accordance GSAR 552.211-12, Liquidated Damages – Construction, in Section IV of this Agreement, liquidated damages shall be calculated at the rate of $ per calendar day.] Liquidated Damages will be provided in a Task Order Based level.

I.G. Buy American Exceptions For the applicable Buy American clause and any exceptions, see Section IV of this Agreement.

I.H. Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments

The following documents are incorporated by reference into this Contract.

-Large Term Contract Specifications

- SF 1442

-Price Proposal Line Item Sheet -LG TERM IDIQ Current Line Item List -Wage Determinations:

• General Decision Number: PA190003 05/03/2019 PA3

• General Decision Number: PA190087 05/03/2019 PA87

• General Decision Number: PA190083 05/03/2019 PA83

• General Decision Number: PA190099 05/03/2019 PA99

• General Decision Number: PA190078 05/03/2019 PA78

• General Decision Number: NJ190025 05/17/2019 NJ25

• General Decision Number: NJ190027 05/17/2019 NJ27

• General Decision Number: NJ190028 05/17/2019 NJ28

• General Decision Number: NJ190029 05/17/2019 NJ29

• General Decision Number: NJ190030 05/17/2019 NJ30

• General Decision Number: NJ190032 05/17/2019 NJ32

• General Decision Number: NJ190034 05/17/2019 NJ34

• General Decision Number: NJ190035 01/04/2019 NJ35

• General Decision Number: NJ190039 05/17/2019 NJ39

• General Decision Number: NJ190041 05/17/2019 NJ41

• General Decision Number: NJ190042 05/17/2019 NJ42

• General Decision Number: NJ190043 05/17/2019 NJ43

(The Agreement)

• General Decision Number: NJ190045 05/17/2019 NJ45

• General Decision Number: DE190007 01/04/2019 DE7

• General Decision Number: DE190008 01/04/2019 DE8

• General Decision Number: DE190009 04/19/2019 DE9

II. Prices

II.A. Basis of Pricing

(1) Contract Prices. All Contract prices set forth in this Section include all costs necessary to complete the work for which the price is established (e.g., Base Contract, Unit Price, Options) in accordance with the Contract Documents, including, but not limited to, the cost of work performed by subcontractors and consultants, indirect costs, fees, expenses, taxes, and profit.

(2) Knowledge of Conditions Affecting Price. FAR 52.236-3, Site Investigations and Conditions Affecting the Work, is incorporated by reference in this Contract. The Contractor shall be presumed to have established all prices with knowledge of general and local conditions that may affect the cost of Contract performance at the site where the Work is to be performed, to the extent that such information is reasonably obtainable.

(3) Unit Prices and Allowances. If any portion of the Work is to be performed on a unit price basis, the Unit Price shall include all costs of coordinating and incorporating the unit-priced portion of the Work into the Base Contract Work. The Contractor shall only be obligated to perform unit-priced work to the extent that an Allowance has been established. The Contractor shall be obligated to perform such work in excess of a unit quantity for which an Allowance is established only if directed by the Contracting Officer in writing. The Contractor shall be bound to the unit price or prices set forth herein in all equitable adjustments for changes including unit priced work, and no markups shall be applied to such unit prices.

(4) Options. If any portion of the Work is to be performed upon the timely exercise of an Option, the Option Price shall include all costs of coordinating and incorporating the Option-priced portion of the Work into the Base Contract Work. An adjustment to the Contract price for such additional work shall be computed solely on the basis of the Option price or prices set forth herein. Unless otherwise specified, all options may be exercised within 90 days of Contract award.

(5) Bid Rates. If this Contract includes Bid Rates to be used in determination of equitable adjustments (e.g., overhead, profit, daily rates for time-related costs), such rates shall be deemed to include all costs recoverable as components of an equitable adjustment consistent with the requirements, definitions, and exclusions applicable to equitable adjustments set forth in this Contract, and consistent with the Contractor's cost accounting practices. Unless otherwise specified, the bid rates shall be deemed to include only the Contractor's costs, and not the costs of any subcontractors.

II.B. Contract Price Form Please see attached SF 1442 and Price Proposal Line Item Sheet.

III. Terms and Conditions

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

(The Agreement)

FAR 52.211-10, Commencement, Prosecution, and Completion of Work and GSAR 552.211-10, Commencement, Prosecution and Completion of Work is supplemented as follows:

The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of the Work, as defined in GSAR 552.211-70 Substantial Completion (Mar 2019) and the time specified in Section I (Project Information), “Period of Performance” clause. If the Contract specifies different completion dates for different phases or portions of the Work, the Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of such phases or portions of the Work within the times specified.

III.B. Contractor Responsibilities

GSAR 552.236-71, Contractor Responsibilities is located in Section IV.A. of this Agreement and is supplemented as follows:

(1) The Contractor shall secure and pay for all necessary permits and governmental fees, licenses, and inspections that are customarily secured after award of the Contract and that are legally required at the time of award. The Contractor shall provide a copy of the permits required for execution of the work to the Contracting Officer prior to commencement of any related work.

III.C. Submittals FAR 52.236-21, Specifications and Drawings for Construction, GSAR 552.236-73, Submittals located in Section IV.A. of the Agreement is supplemented as follows:

(1) The Contractor shall prepare and submit to the Contracting Officer shop drawings, samples, calculations, product information, mockups, GSA Form 184 (associated 184A and 184B as necessary), and other submittals (collectively, "submittals") demonstrating compliance with Contract requirements for all Work components as specified elsewhere in this Contract.

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

III.F. Insurance Requirements

(The Agreement)

(1) The Contractor shall obtain and maintain for the entire life of the Contract, in addition to any insurance required by law, the following minimum kinds and amounts of insurance required pursuant to FAR clause 52.228-5, Insurance – Work on a Government Installation, and GSAR 552.228-5, Government as Additional Insured.

(a) Workers' compensation insurance in the amount required by the jurisdiction in which the Contract is performed. The Contractor shall obtain Employers' liability coverage of at least $2,000,000. If occupational diseases are not covered by workers' compensation insurance, Employers' liability coverage shall include occupational diseases.

(b) Broad form comprehensive commercial general liability insurance in the amount of at least $5,000,000 per occurrence. Such insurance shall include, but not be limited to, contractual liability, bodily injury and property damage.

(c) Comprehensive automobile liability covering the operation of all automobiles used in connection with performing the Contract in the amount of at least $1,000,000 per person and $2,500,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage.

(2) The Contractor shall promptly provide to the Contracting Officer proof that it has obtained insurance required by the Contract in the form of certificates of insurance. The Contractor shall submit to the Contracting Officer all renewal certificates issued during the life of this Contract immediately upon issuance.

III.G. Order of Precedence Different requirements within this Contract shall be deemed inconsistent only if compliance with both cannot be achieved. In case of inconsistency between Contract Documents, the following order of precedence shall apply:

(1) Section IV of the Agreement

(2) Sections I, II, and III of the Agreement

(3) The Statement of Work

(4) The Specifications

(5) The Drawings

III.H. Administrative Matters

(1) Project Meetings. The Contractor shall attend a preconstruction conference and shall participate in regularly scheduled Project meetings.

(2) Payments. FAR clause 52.232-5, Payments under Fixed-Price Construction Contracts, is supplemented by GSAR 552.232-5 Payments under Fixed-Price Construction Contracts located in Section IV.A. of this Agreement. In accordance with the relevant FAR and GSAR clauses, GSA requires the following data be included with each invoice:

(a) Invoices shall be submitted in an original and two (2) copies to the designated billing office specified in this Contract or in individual delivery/work orders.

(b) Invoices must include the Account Document Number (ADN) assigned at award.

(c) The Contractor shall submit the following information or documentation with each invoice:

(The Agreement)

(i) GSA Form 184A and/or 184B - Construction Progress Report (Construction Phases Only), including the updated Schedule of Values upon which the payment request is based;

(ii) GSA Form 2419 - Certification of Progress Payments Under Fixed-Price Construction Contract;

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

(iv) Updated project schedule that complies with the Contract Documents

(v) Additional documentation:

N/A

(3) Prompt Payment. In accordance with FAR clause 52.232-27, the period for payments is as follows:

(a) Progress Payments: 14 days

(b) Subsequent Subcontractor Payments: 7 days

(4) Payment Information. The General Services Administration (GSA) makes information on contract payments available electronically at Office of the Chief Financial Officer. The Contractor may register at the site and review its record of payments. This site provides information only on payments made by GSA, not by other agencies.

(5) Security Clearances. Contractor shall comply with the following requirements pertaining to security clearances.

(a) All personnel performing work under the Contract on the Project site must obtain an Enter on Duty (EOD) determination before they will be granted access to the site.

(b) To obtain an EOD determination, Contractor shall submit for all such personnel fingerprints on Form SF87 and a completed Contractor Information Worksheet (CIW). Detailed information is available at GSA Access Card . USAccess Credentialing Centers can be located at US Access Centers .

(c) In addition, all such personnel who will be on site 6 months or longer must apply for and receive clearance in accordance with Homeland Security Presidential Directive 12 (HSPD- 12). See Section IV, Contract Clauses, GSAR 552.204-9.

(6) Safeguarding and Dissemination of Sensitive But Unclassified (SBU) Building Information.

This clause applies to all recipients of SBU building information, including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers and manufacturers.

(a) Marking SBU. Contractor-generated documents that contain building information must be reviewed by GSA to identify any SBU content, before the original or any copies are disseminated to any other parties. If SBU content is identified, the Contracting Officer (CO) may direct the contractor, as specified elsewhere in this contract, to imprint or affix SBU document markings to the original documents and all copies, before any dissemination.

(b) Authorized recipients.

(i) Building information designated SBU must be protected with access strictly controlled and limited to those individuals having a legitimate business need to know such information.

Those with a need to know may include Federal, State and local government entities, and nongovernment entities engaged in the conduct of business on behalf of or with GSA.

http://www.finance.gsa.gov/ http://www.gsa.gov/portal/category/107203 http://www.fedidcard.gov/centerlist.aspx

(The Agreement)

Nongovernment entities may include architects, engineers, consultants, contractors, subcontractors, suppliers, utilities, and others submitting an offer or bid to GSA, or performing work under a GSA contract or subcontract. Recipient contractors must be registered as “active” in the System for Award Management (SAM) database at www.sam.gov and have a legitimate business need to know such information. If a subcontractor is not registered in the SAM and has a need to possess SBU building information, the subcontractor shall provide to the contractor its DUNS number or its tax ID number and a copy of its business license. The contractor shall keep this information related to the subcontractor for the duration of the contract and subcontract.

(ii) All GSA personnel and Contractors must be provided SBU building information when needed for the performance of official Federal, State, and local government functions, such as for code compliance reviews and for the issuance of building permits. Public safety entities such as fire and utility departments may require access to SBU building information on a need to know basis. This clause must not prevent or encumber the dissemination of SBU building information to public safety entities.

c. Dissemination of SBU building information:

(i) By electronic transmission. Electronic transmission of SBU information outside of the

GSA network must use session encryption (or alternatively, file encryption). Encryption must be via an approved NIST algorithm with a valid certification, such as Advanced Encryption Standard (AES) or Triple Data Encryption Standard (3DES), in accordance with Federal Information Processing Standards Publication (FIPS PUB) 140-2, Security Requirements for Cryptographic Modules per GSA policy.

(ii) By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include, but are not limited to CDs, DVDs, and USB drives.

Nonelectronic forms of SBU building information include paper documents, among other formats.

1) By mail. Contractors must utilize only methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt.

2) In person. Contractors must provide SBU building information only to authorized recipients with a need to know such information. Further information on authorized recipients is found in Section 2 of this clause.

d. Record keeping. Contractors must maintain a list of all entities to which SBU is disseminated, in accordance with sections 2 and 3 of this clause. This list must include at a minimum: (1) the name of the State, Federal, or local government entity, utility, or firm to which SBU has been disseminated; (2) the name of the individual at the entity or firm who is responsible for protecting the SBU building information, with access strictly controlled and limited to those individuals having a legitimate business need to know such information; (3) contact information for the named individual; and (4) a description of the SBU building information provided. Once “as built” drawings are submitted, the contractor must collect all lists maintained in accordance with this clause, including those maintained by any subcontractors and/or suppliers, and submit them to the CO. For Federal buildings, final payment may be withheld until the lists are received.

e. Safeguarding SBU documents. SBU building information (both electronic and paper formats) must be protected, with access strictly controlled and limited to those individuals having a legitimate business need to know such information. GSA contractors and subcontractors must not take SBU building information outside of GSA or their own facilities or network, except as necessary for the performance of that contract. Access to the information must be limited to those with a legitimate business need to know.

f. Destroying SBU building information. When no longer needed, SBU building information must be destroyed so that marked information is rendered unreadable and

(The Agreement) incapable of being restored, in accordance with guidelines provided for media sanitization within GSA CIO IT Security 06-32, Media Sanitization Guide and Appendix A of NIST Special Publication 800-88, Guidelines for Media Sanitization. Alternatively, SBU building information may be returned to the CO.

g. Notice of disposal. The contractor must notify the CO that all SBU building information has been returned or destroyed by the contractor and its subcontractors or suppliers in accordance with paragraphs 4 and 6 of this clause, with the exception of the contractor's record copy. This notice must be submitted to the CO at the completion of the contract to receive final payment. For leases, this notice must be submitted to the CO at the completion of the lease term. The contractor may return the SBU documents to the CO rather than destroying them.

h. Incidents. All improper disclosures of SBU building information must be immediately reported to the CO at Daniel.langan@gsa.gov . If the contract provides for progress payments, the CO m at daniel.lanagn@gsa.gov. If the contract provides for progress payments, the CO may withhold approval of progress payments until the contractor provides a corrective action plan explaining how the contractor will prevent future improper disclosures of SBU building information. Progress payments may also be withheld for failure to comply with any provision in this clause until the contractor provides a corrective action plan explaining how the contractor will rectify any noncompliance and comply with the clause in the future.

i. Subcontracts. The contractor and subcontractors must insert the substance of this clause in all subcontracts.

III.I. Non-Compliance with Contract Requirements In the event the Contractor, after receiving written notice from the Contracting Officer of non-compliance with any requirement of this Contract, fails to initiate promptly such action as may be appropriate to comply with the specified requirement within a reasonable period of time, the Contracting Officer shall have the right to order the Contractor to stop any or all work under the Contract until the Contractor has complied or has initiated such action as may be appropriate to comply within a reasonable period of time. The Contractor will not be entitled to any extension of Contract time or payment for any costs incurred as a result of being ordered to stop work for such cause.

III.J. Safeguarding Sensitive Data and Information Technology Resources In accordance with FAR 39.105, this section is included in the contract. This section applies to all users of sensitive data and information technology (IT) resources, including awardees, contractors, subcontractors, lessors, suppliers and manufacturers. The following GSA policies must be followed.

These policies can be found at Directives Library.

1. CIO P 2100.1K GSA Information Technology (IT) Security Policy

2. CIO P 2100.2B GSA Wireless Local Area Network (LAN) Security

3. CIO 2100.3C Mandatory Information Technology (IT) Security Training Requirement for

Agency and Contractor Employees with Significant Security Responsibilities

4. CIO 2104.1A CIO CHGE 1 GSA Information Technology IT General Rules of Behavior

5. CIO 2105.1 C CHGE 1 GSA Section 508: Managing Electronic and Information

Technology for Individuals with Disabilities

6. CIO 2106.1 GSA Social Media Policy

7. CIO 2107.1 Implementation of the Online Resource Reservation Software

8. CIO 2160.4A Provisioning of Information Technology (IT) Devices

9. CIO 2162.1 Digital Signatures

10. CIO P 2165.2 GSA Telecommunications Policy http://www.gsa.gov/directives

(The Agreement)

11. CIO P 2180.1 GSA Rules of Behavior for Handling Personally Identifiable Information (Pll)

12. CIO 2182.2 Mandatory Use of Personal Identity Verification (PIV) Credentials

13. CIO P 1878.2A Conducting Privacy Impact Assessments (PIAs) in GSA

14. CIO IL-13-01 Mobile Devices and Applications

15. CIO 2102 Information Technology (IT) Integration Policy

16. HCO 9297.1 GSA Data Release Policy

17. HCO 9297.2B GSA Information Breach Notification Policy

18. ADM P 9732.1 D Suitability and Personnel Security

The contractor and subcontractors must insert the substance of this section in all subcontracts.

III.K. Options and Allowances This Contract shall have a base period of one (1) year plus four (4) one (1) year option periods, which may be exercised in accordance with the provisions contained herein.

Base period: December 15, 2019 through December 16, 2020

Option Period 1: December 15, 2020 through December 16, 2021

Option Period 2: December 15, 2021 through December 16, 2022

Option Period 3: December 15, 2022 through December 16, 2023

Option Period 4: December 15, 2023 through December 16, 2024

Dates shown above may be adjusted by the Government to reflect actual award dates.

III.L. Additional Terms and Conditions

(i) [GSAR 552.236-74, Evaluation of Options (MAR 2019) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

(ii) GSAR 552.236-75, Evaluation Exclusive of Options (MAR 2019) The Government will evaluate offers for award purposes by including only the price for the basic requirement. Options will not be included in the evaluation for award purposes.(End of provision)

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

(a) The Government may exercise any option in writing in accordance with the terms and conditions of the contract within _30 Days of contract expiration. Unless otherwise specified, options may be exercised within 90 calendar days of contract award.

(b) If the Government exercises the option, the contract shall be considered to include this option clause.

(End of clause)

(The Agreement)

(iv) 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 (insert location covered by contract) , 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 through this solicitation is (Insert estimated contract value) per year. 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.

e. Multiple Awards: The Government intends on selecting a minimum of (Insert minimum number of awards) contractors and a maximum of (Insert maximum number of awards) 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 (Insert number of months) consecutive months beginning on or about (Insert estimated start date).. Task Orders may be placed beginning the first day of the contract through the expiration date of the contract.

j. Options. (Edit as necessary) This contract includes (Insert number of option years)) options periods to extend the term of the contract for an additional year.

Option I will last for 12 months, beginning the day after the expiration of the base period; (State the effective date of remaining options, ex: Option II will last for 12 months, beginning the day after the expiration of the first option period, etc.), should the Government choose to extend any or all options. The Government has the

(The Agreement) 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 ORDER LIMITATION: The aggregate Maximum Order Limitation (MOL) shall be (Insert estimated contract value) for all task orders for the entire term of the contract. In other words, there is no single MOL per contractor nor a single MOL per year, other than the MOL of the entire contract.

(v) 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.

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 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.

(The Agreement)

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 general requirement that such entities (Installers) be expert in operations they are engaged to perform.

(The Agreement)

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.

(vi) 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; and inspections.

4. A Project Architect or Engineer shall perform only those functions specially designated in the letter of delegation.

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.

(vii) 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.

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 it's 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.

(viii) 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 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.

(ix) 6. PROCESSING DELIVERY ORDERS

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…