Supplemental_Agreement.AL.MS...pdf

C101 Supplement – Mult. Award IDIQ Page 1 of 25

Region 4 Supplemental Agreement (C101) – – General Construction Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple-Award Term Contract, with Design-

Build Capabilities, for the States of Alabama and Mississippi

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 task order will be made upon formal inspection and acceptance. However, the Contractor is entitled to monthly payment as the work proceeds.

Consequently, where the time for completion of the work to be performed exceeds one month or when unanticipated delays occur, a progress payment to the Contractor may be issued.

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

III.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 states of Alabama and Mississippi, including but not limited to repairs, alterations, renovations and modernization of buildings or portions thereof.

c. Orders. This contract is an indefinite delivery / indefinite quantity Term

Contract (IDIQ)). An IDIQ provides for the furnishing of an indefinite quantity, within stated limits, of certain property or services during a specified time period. Tasks 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 $25,000,000.00 aggregate for the entire term of the contract 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 up to four (4) contractors for said contract. The 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.

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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. Task 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 04/09/2019. 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) one (1) year 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; Option II will last for 12 months, beginning the day after the expiration of the first option period; Option III will last for 12 months, beginning the day after the expiration of the second option period; Option IV will last for 12 months, beginning the day after the expiration of the third option 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 $1,000 for the initial year or base period of each contract. If the awardee does not receive an order, or several orders, totaling $1,000 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 $1,000. Failure to submit a proposal in response to any Request For Proposal issued during the initial year/base period, in accordance with the terms and conditions of this contract, will result in the contractor's forfeiture of this guaranteed minimum amount. A history of not responding to two consecutive RFPs may result in the government terminating for convenience or not exercising a contract option.

l. Each task 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 task order will be specified in the scope of work.

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

n. MAXIMUM ORDER LIMITATION: The aggregate Maximum Order Limitation (MOL) shall be $25,000,000.00. for the term of the contract. Therefore if the maximum of four contracts are awarded the antipated aggagred maximum limitation for all contracts will be $100,000,000.

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2. Statement of Work -- Construction Services:

The purpose of this contract is to establish terms and conditions upon which the Contractor(s) will provide repairs and alterations including design-build to Government owned and leased space in various buildings within the States of ALABAMA AND MISSISSIPPI; under task orders issued by the Contracting Officer and Designated Ordering Officials. The scope of services includes renovations, preparation of contract documents sealed by registered professions for design-build purposes within their areas of expertise and the construction thereof; general construction services including wall partition construction, modification and alteration of floor and wall mounted telephones, signal, and power outlets to be included in the modification of associated conduit, surface mounted raceway, and various under floor duct systems; installation of new and the alteration of existing power panels; carpet and carpet tile installation; painting; HVAC duct work modification and repair; door, door frame, and door set hardware installation; installation of various wall coverings and draperies; communications cabling; grid ceiling and lighting installation and modification;

modification of existing building fire sprinkler systems; and other such related work which would be outlined in task order and job drawings. Provide design and/or construction related to architectural; structural, civil geotechnical, mechanical, and electrical engineering; hazardous material identification, abatement and monitoring; landscape architecture; elevator, and security planning/design; interior design; life safety/fire-protection; historic preservation requirements; and the checking of shop drawings/materials. The services required for design (in whole or part) is for renovation/alteration projects with design-build requirements.

3. Statement of Work -- Design Services

Limited Design and planning may include but is not limited to developing a scope of work, preparing construction documents, and/or providing client space planning services as required performing any type of tenant fit-up/build-out of space alterations to GSA and other federal agencies for Government owned and leased facilities. GSA technical requirements above the normal standard commercial practice and private sector building codes will be clearly identified in each individual request for quotations. For this contract The Facilities Standards for the Public Buildings Service will be used for any and all design. It can be found at http://www.gsa.gov/portal/category/27243.

4. The services required for design (in whole or part) is for renovation/alteration projects with design-build requirements. All services provided by the A-E under this Contract shall be considered as either "Basic" or "Other". Design Services are those services directly related to the production of working drawings, specifications, and cost-estimates. The total amount that is paid for contract services for producing and delivering the designs, plans, drawings and specifications must not exceed 6% of the estimated construction cost (ECC) of the particular project or part of a project.

5.2 Metric Standards. All projects will be produced using the International System (SI) unless otherwise directed by the GSA Project Manager. A project is “metric” when:

• Specifications show SI units only.

• Drawings show SI units only

• Construction takes place in SI units only

• Inspection occurs in SI units only

• Cost estimating is based on SI units only Reference Metric Design Guide (PBS-PQ260)

English and metric measurement reference. A majority of dimensions set by standards and codes currently remain in the English measure system. It is the intent of GSA to support the conversion to metric.

Therefore, when dimensional requirement is stated in any contractor designed or submitted drawing, the designated dimension by code or regulation will be placed in parenthesis and the corresponding representation in the other measurement system will be place adjacent to it.

Example: (5’) 1.52M diameter clearance for navigation of a wheeled chair in an accessible toilet room.

CADD Support: The contractor shall employ an individual with experience in Auto CADD and design drawing. This individual shall facilitate in all designs and proposal formulations.

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Work in Secure/Restricted Areas: HSPD12 security requirements compliance is required by this contract.

In addition, the contractor shall comply with security regulations imposed by the user and/or the agency responsible for the project location. Projects in a secured area may require a local agency check of the contractor, his/her employees, and all sub-tier contractors through the security officer prior to commencement of on-site work. The contractor should allow approximately thirty (30) calendar days to accomplish this check. Contractor personnel must provide two forms of identification (at least one picture I.D.) for access to controlled/restricted areas. The contractor shall schedule work that requires escorts ten (10) calendar days prior to starting work unless the CO waives this requirement. Due to specific mission requirements inherent in the nature of these restricted areas, the government may direct the contractor to leave the restricted area at any given time. The contractor shall notify the CO immediately upon interruption of service or work stoppage.

Minimum Design. Designs incidental to accomplishing the required tasks outlined in each task order. The extent of these designs will depend upon the complexity of each task. Under the scope of this contract, the complexity will not necessarily require the services of a registered architect or engineer. However, the contractor shall provide sufficient design documentation to substantiate the proposed approach for the task.

Also, designs shall clearly illustrate compliance with local, state, and federal building and construction codes.

At the scope validation site visit, the government’s project manager will identify the extent of documentation that the contractor shall include in the project submittal; which may include any or all of the following:

• Statement of Work (technical description of the task).

• Contract Progress Report

• Detailed cost estimate

• Justification for any non-prepriced items

• Material Approval Submittals

• Verified As-Built Drawings

• Shop/Fabrication/Erection drawings showing basic layout and planning of the work.

• Manufacturer’s or technical drawings/schematics for fabrication and assembly of structural or similar elements

• Form fit and attachment details for installation of materials/equipment

• Design calculations to substantiate proposed layout and sizing of utilities and structural elements (i.e., HVAC loads, Lighting/Power distribution, Platform supports, etc.)

Scope Validation Site Visit. An investigative visit to a project site/location for the contractor to gather enough information to prepare a statement of work and drawings and to complete the task order design package.

Approved Design Submittals: The contractor shall not construe the CO’s approval of design submittals as a complete check, but only an indication that the general methods of construction, materials, detailing and other information are satisfactory. Approval will not relieve the contractor of the responsibility for any error that may exist. Under the contractor’s quality control requirements of this contract, the contractor is responsible for dimensions, the design of adequate connections and details, and the satisfactory construction of all work. If applicable, the contractor shall make all corrections required by the CO and promptly furnish a corrected submittal in the form and number of copies specified for the initial submittal. After the CO approves a design submittal, the government will not consider any resubmittal for the purpose of substituting materials or equipment unless accompanied by a valid explanation as to why a substitution is necessary.

Design Documentation: Design documentation shall include the following to support the adequacy of equipment/materials proposed for the project, the proposed assembly of structural components and the construction methodology. The Contractor shall maintain current records providing documented evidence that required quality control activities and/or tests have been performed. These records shall include the work of subcontractors and suppliers and shall be on a form acceptable to the CO that includes, as a minimum, the following information:

• Contractor/subcontractor and their area of responsibility.

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• Operating plant/equipment with hours worked, idle, or down for repair.

• Work performed each day, giving location, description, craft and by whom.

• Test and/or control activities performed with results and references to specifications/drawings requirements. List deficiencies noted along with corrective action.

• Quantity of materials received at the site with statement as to acceptability, storage, and reference to specifications/drawings requirements.

• Submittals reviewed, with contract reference, by whom, and action taken.

• Off-site surveillance activities, including actions taken.

• Job safety evaluations stating what was checked, results, and instructions or corrective actions.

• Instructions given/received and conflicts in plans and/or specifications.

• Contractor’s verification statement.

These records shall indicate a description of trades working on the project; the number of personnel working; weather conditions encountered; and any delays encountered. These records shall cover both conforming and deficient features and shall include a statement that equipment and materials incorporated in the work and workmanship comply with the contract. The original and one copy of these records in report form shall be furnished to the government daily within 24 hours after the date(s) covered by the report, except that reports need NOT be submitted for days on which no work is performed. Reports shall be signed and dated by the QC manager. The report from the QC manager shall include copies of test reports and copies of reports prepared by all subordinate quality control personnel.

Statement of Work (SOW): A written document and planned course of action describing in general the work, tasks, materials, equipment, finishes, etc to be undertaken by the contractor’s work force. The SOW shall include all necessary descriptive data and methodology discussed at the scope validation site visit to provide an accurate account of all elements incorporated into the work. The contractor shall modify the government’s preliminary SOW.

5.5. Drawings and Other Data to Become Property of Government

All designs, drawings, specifications, notes and other works developed in the performance of this contract shall become the sole property of the Government and may be used on any other design or construction without additional compensation to the Contractor. The Government shall be considered the “person for whom the work was prepared” for the purpose of authorship in any copyrightable work under Section 201(b) of Title 17, United States Code.

With respect thereto, the Contractor agrees not to assert or authorize others to assert any rights nor establish any claim under the design patent or copyright laws. The Contractor for a period of three years after completion of the project agrees to furnish all retained works on the request of the Contracting Officer. Unless otherwise provided in this contract, the Contractor shall have the right to retain copies of works beyond such period.

5.6 Construction Signs. All GSA new construction and prospectus level repair and alteration projects must display an official construction sign on the site, in a prominent location. Construction signs must conform to the following –

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a. All Construction Signs. The size of the sign shall be 3600 mm by 1800 mm (12 feet by 6 feet). It shall be constructed of durable, weather resistant material, properly and securely framed and mounted. Standard GSA color (blue) with white lettering should be used. Signs shall be mounted at least 1200 mm (4 feet) above the ground, display the official GSA logo which should be no less than 400 mm (16 inches) square, and provide the following information:

• Building for the People of the United States of America

• (Name of) Federal Building

• Constructed by (building contractor)

• U.S. General Services Administration

Public Buildings Service

• (President’s name), President of the United States.

• (Administrator’s name), Administrator, GSA

• (Name), Commissioner, PBS

• (Regional Administrator’s name), Region 4 Administrator

• The lettering, graphic style, and format should be compatible with the architectural character of the building.

b. Repair and Alteration Projects. Signs at prospectus level repair and alteration project sites shall include the name of the architect and/or engineers for the major systems work (i.e. structural, mechanical, electrical), if appropriate. In addition, the sign should include the name of the general contractor.

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 task 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

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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 task 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 TASK ORDERS.

b. Task Orders. Designated GSA Project Architects or Engineers, and designated ordering officials shall have the authority to modify task 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 TASK ORDERS, in services ordered versus services delivered as shown on the task 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 Manager, or to the Contracting Officer.

6. PROCESSING TASK ORDERS

a. Each task 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 task order shall reference this contract number.

c. Start and Completion Date. Each task 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 task order by the Contractor. The number of days for completion shall be as specified in the SUMMARY OF

CONTRACT CONDITIONS.

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

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

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

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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 task 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 task order and any subsequent amendments thereto to the Building's Manager and to the GSA Administrative Contracting Officer.

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

h. GSA. All task orders exceeding $100,000, including any amendment to a task 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 task order.

i. The Contractor's failure or refusal to accept task 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 task orders on behalf of the Contractor.

k. After a task 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 task order to the ordering official. Failure to return a signed task 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.

7. REPORT OF TASK ORDERS

a. The Contractor shall furnish monthly reports listing all task 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 4 Acquisition Management Division 801 Broadway

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ATTN: Albert Rumph, 4PQT Nashville, TN 37203 Telephone Number: 404-719-9032

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 competed 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, 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.

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

10. 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.

11. PAYMENTS ON TASK ORDERS: See III.N.(3)

12. 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 task 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 task orders placed against the contract. The payroll must be submitted to the contracting officer through the COR; the COR may retain payrolls until the task 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 task 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 task 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 task 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.

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

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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 task order shall state "FINAL" to indicate completion of work under the applicable task order.

13. PRECONSTRUCTION CONFERENCE AND TASK 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; task 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 task 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.

14. SCHEDULING WORK

a. Before the issuance of the first task 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 task order.

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

15. 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. 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 permitted. The Government will bear the

C101 Supplement – Mult. Award IDIQ Page 12 of 25 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.

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

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

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

e. 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.

f. 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.

g. 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.

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

i. 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.

16. 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.

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

b. 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 task order.

C101 Supplement – Mult. Award IDIQ Page 13 of 25

18. 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 dustproof enclosures or partitions for protection where dusty or dirty work is performed. Debris shall be dampened when removed to avoid dusting.

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 task 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.

19. 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.

20. 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 reasonable possible.

C101 Supplement – Mult. Award IDIQ Page 14 of 25

21. 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 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.

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

d. All trucks leaving the site…