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SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

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ContractNo[0]:

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LessCalendarDays[0]: 60

DateIssued[0]: 12/11/2017

GSA Solicitation No. 47PE0317R0010

Document: C301/ JAN 2016 (Offeror Representations and Certifications) Page 1 of 8

Offeror Representations and Certifications

1. FAR 52.204-8 Annual Representations and Certifications (Jan 2016)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 236220 (Commercial and Institutional Building Construction).

(2) The small business size standard is $36.5 million average annual receipts.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(Offeror Representations and Certifications) Page 2 of 8

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I).

This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(Offeror Representations and Certifications) Page 3 of 8

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(Offeror Representations and Certifications) Page 4 of 8

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

___ (i) 52.204-17, Ownership or Control of Offeror.

___ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

___ (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

___ (iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

___ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

(Offeror Representations and Certifications) Page 5 of 8

___ (vi) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I.

___ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date].

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on

SAM.

(End of Provision) https://www.acquisition.gov/

(Offeror Representations and Certifications) Page 6 of 8

2. 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2015)

(a) Definition. As used in this provision—

“Commercial and Government (CAGE) code” means--

(1) An identified assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or Government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via –

(1) Registration in the system for Award management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Contractor and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at http://www.dlis.dla.mil/cage_welcome.asp.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity’s country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA if the foreign entity’s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus and NSPA, as well as additional information on obtaining NCAGE codes, are available at http://www.dlis.dla.mil/nato/ObtainCAGE.asp.

http://www.sam.gov/ http://www.dlis.dla.mil/cage_welcome.asp http://www.dlis.dla.mil/nato/ObtainCAGE.asp

(Offeror Representations and Certifications) Page 7 of 8

(d) Additional guidance for establishing and maintaining CAGE codes is available at http://www.dlis.dla.mil/cage_welcome.asp.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

3. FAR 52.209-7 Information Regarding Responsibility Matters. (JUL 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The offeror has does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

http://www.dlis.dla.mil/cage_welcome.asp

(Offeror Representations and Certifications) Page 8 of 8

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137850

Design-Build Services - United States Courthouse, in Anniston, Alabama Solicitation Number: 47PE0317R0010

D a t e d D e c e m b e r 0 4 , 2 0 1 7 1 | P a g e

Statement of Work (SOW) for

Design-Build (DB) Contract Phase 1 Request for Qualifications (RFQ)

December 04, 2017

PROJECT IDENTIFICATION

Project Name: U.S. Courthouse Anniston, Alabama

Project Number: NAL00001, NAL00214

Region: Region 4, Southeast Sunbelt Region

Building Name: To Be Determined

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Table of Contents

1 PROJECT DESCRIPTION

1.1 Project Type

1.2 Project Goals and Objectives

1.3 Project Delivery Approach

1.4 Reference Materials

2 PROJECT DELIVERY TEAM

3 SCOPE OF WORK:

3.1 Design:

3.2 Construction:

D a t e d D e c e m b e r 0 4 , 2 0 1 7 3 | P a g e

1 PROJECT DESCRIPTION

The General Services Administration (GSA) intends to award a Design-Build (DB) Contract for construction of a new U.S. Courthouse, located in the Anniston, Alabama pursuant to the Federal Acquisition Regulation (FAR) Two-Phase Design-Build Selection Procedures (FAR Subpart 36.3). The project includes design-build services, demolition, construction and site development of approximately 3 acres for the new Courthouse. The U.S. Courthouse of approximately 63,000 gross square feet includes underground structured parking. The tenant agencies for the project include: U.S. District Court; U.S. Bankruptcy Court; U.S. Bankruptcy Clerk; U.S. Marshals Service; Office of the U.S. Attorney, GSA/PBS Field Office; and Randolph Sheppard Vending Machine Operator. The contract will be awarded as a firm fixed price for the design build services.

1.1 Project Type

Project is defined as a New Construction project, using a Collaborative Design Build approach that follows GSA’s design excellence guidelines.

1.2 Project Goals and Objectives

Strategic project goals include the following:

● Continue a legacy of outstanding public architecture, the General Services Administration (GSA) Design Excellence Program seeks to commission our nation’s most talented designers and artists to design federal buildings of outstanding quality and value

● Design & construct a safe, productive, and attractive workspace.

● Meet the functional requirements of all facility users.

● Complete the design and construction operations in an efficient and effective manner

– keep the project on time and on budget.

● Design the courthouse to reflect the nation’s stability and leadership in environmental, energy, sustainability and efficiency mandates.

● Provide the best value to GSA’s customer agencies and the American taxpayer.

● Create a facility that becomes a respected landmark.

● The new courthouse should be designed to contribute to the community and be compatible with its historic and urban context.

● Provide a new federal courthouse for Anniston using most current standards, per the new and revised codes, standards, and criteria.

● Plan the building to meet the current US Court space program requirements and anticipated growth, as described in the current US Courts Design Guide.

Tactical project objectives to implement the goals above include the following:

1. Construction of a new federal courthouse to meet the Tenant Agency’s programmatic requirements.

D a t e d D e c e m b e r 0 4 , 2 0 1 7 4 | P a g e

2. Incorporate updated Building Code and Governmental design standard requirements into the building design.

3. Incorporate active and passive energy savings technologies in the envelope design and building systems to meet mandated energy usage targets. Reduce or optimize building energy use requirements and design the building to potentially utilize renewable and other clean energy sources. Optimize site potential and reduce heat island effects. Optimize energy use by appropriate lighting sensor and other passive and active latest technologies

4. Building shall be designed in Imperial/English units, using products produced in Imperial/English nominal units.

5. This project shall be certified through the U.S. Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED®) green building rating system. The minimum target (LEED®) rating for this project is Gold level, using current standards.

6. Incorporate Sustainable Site Initiative (SSI) goals and requirements. SSI project shall achieve a minimum requirement of Silver.

7. Material and finish selections shall emphasize durability, extended life, and visual appearance based on facility use and expected level of wear and exposure. Ensure GSA’s Green Cleaning Standards are met and maximize the LEED points.

8. Seek out potential issues and collaborate with local partners to solve them.

9. Meet stated goals in the Energy Policy Act and the Energy Security and

Independence Act.

10. Provide a facility that efficiently and effectively addresses the functionality of the

US Courts and US Marshals with specific care taken with regard to security, plan organization, adjacencies, workplace excellence and spatial issues.

1.3 Project Delivery Approach

This project will utilize the Design-Build (DB) delivery method, with the DB contract procured by competitive negotiation using a two phase design-build selection procedure (FAR Subpart 36.3).

A single DB contract will be issued for a design concept submission, Design Development Phase and Construction Documents Phase services, as well as all construction work including tenant improvements and all required specialty construction work.

A separate, but related Construction Manager as agent (CMa) contract will be awarded for Design Stage CMa services, Construction Documents Phase CMa services, Construction Delivery Phase CMa services, and Closeout Stage and Tenant Occupancy Stage services. The CMa will also serve as the Commissioning Agent (CxA) and assist with the development of the DB contract commissioning performance requirements for the Design Stage, Construction Documents Phase, Construction Delivery Phase, Closeout Stage, and Tenant Occupancy Stage commissioning.

The Design effort for this contract is all-inclusive (i.e., for full project scope), based on the approved concept established by the Government and the D/B firm. Phased

D a t e d D e c e m b e r 0 4 , 2 0 1 7 5 | P a g e construction documents and construction may begin after DB award for site clearing / preparation and during design development for general construction activities.

1.4 Reference Materials

Reference materials will be provided with the DB SOW issued under Phase 2 of the RFP.

2 PROJECT DELIVERY TEAM

In the performance of the requirements of this contract, the Design Build Contractor shall work in concert with all other parties on the Project Delivery Team. The Project Delivery Team will include the General Services Administration (GSA) personnel, multiple Tenant Representatives, Construction Management Assist (CMa) to include the Commissioning Agent (CxA) and Energy Engineer (EE), and other stakeholders. The GSA will develop, periodically update, and maintain throughout the course of the project, a listing of the Project Delivery Team membership and respective roles and responsibilities. The major parties involved or to be involved in the Project Delivery Team, and their respective overall roles and general responsibilities, are as follows:

• General Services Administration is the project owner and will be responsible for project management to include coordination of the parties and contract execution of the entire project.

• The CMa will be responsible for assisting GSA with requirements development, estimating, design reviews, price/cost analysis, quality assurance, construction schedule reviews, monitoring LEED process, etc.

• The CxA will be part of CMa team and is responsible for developing commissioning requirements, drafting a Cx Plan, verifying that the installed systems meet objectives, functional and performance testing, seasonal/warranty testing, and submission of Cx report. Energy Modeling will be a part of the DB team and will collaborate with the GSA and CMa team to monitor progress in achieving the target energy goal.

• This contract includes both Design Stage services and Construction Stage work, all to be performed by the DB Contractor. Design Stage services include providing a design concept in accordance with the DB Contractor proposal and performing Design Development and Construction Documents Phase services. The design-build scope of work includes all labor and materials required to provide architectural, engineering, construction, and other related services necessary to design and to construct the Courthouse compliant with applicable codes and standards. The basis of design shall be based on the concept design in accordance with the DB Contractor proposal as accepted and approved by the Government.

• The DB Contractor shall be the Architect of Record for the project and shall bear all responsibilities and liabilities attendant thereto. GSA Design Excellence procedures are to be followed.

• The specific activities, tasks, and deliverables required of the DB Contractor shall be further delineated in the DB Phase 2 RFP Scope of Work.

D a t e d D e c e m b e r 0 4 , 2 0 1 7 6 | P a g e

3 SCOPE OF WORK:

(This is a representative list of expected critical tasks, Scope will be further defined in

PHASE 2 RFP)

3.1 Design:

3.1.1 Design Excellence and Peer Review

This project requires concept development reviews involving the DB Contractor, the GSA regional and national office staff, and professional private-sector peers serving on the behalf of the GSA. The broad objective of these reviews is to have discussions among professionals that focus on design, not only as it impacts issues of program requirements, function, form, and detail, but also on the effects of on-time and on- budget delivery. These conversations can address general design strategies and urban context as well as more specific topics such as materials and building systems. At the Design Development Phase, a similar review is conducted to focus on the design of the HVAC system

3.1.2 Design Quality Assurance

The GSA requires that DB Contractor design submissions and construction documents submissions undergo two general types of design review: Owner’s review and codes and standards review. The GSA staff, GSA customer agencies and the CMa will conduct reviews of all DB Contractor design submissions and construction documents submissions. The GSA may also conduct independent quality assurance/quality control reviews of some DB Contractor design submissions. These GSA reviews will focus primarily on program goals and design objectives. The ePM system will be utilized for all project correspondence. The Contractor will be responsible to comply with any Security Clearances required for a new construction project.

3.1.3 Constructability

Constructability of the project as designed is the sole responsibility of the DB Contractor. DB shall ensure that the design can be constructed within schedule and budget and that the sequencing of construction is planned for optimum efficiency.

3.1.4 Building Information Modeling (BIM)

BIM for spatial program validation is a minimum BIM requirement performed by the DB contractor. Additional BIM may include:

• use of 3D geometric models for visualization

• use of 4D models for phasing analysis

• use of 3D/BIM for design and construction coordination

• use of BIM (with “smart” objects) for an array of analyses

GSA will determine the level of BIM required for the project in the DB Phase 2 SOW.

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3.2 Construction:

GSA anticipates that this project will be very collaborative. During construction the Contractor shall provide all services required of a general contractor. Specific details of the work are provided below but they shall in no way limit the Contractor's overall duty to provide DB services.

3.2.1. The Contractor shall conduct weekly progress meeting(s) and weekly subcontractor meeting(s) and maintain minutes for it. The Contractor shall also be required to attend construction oversight meetings with representatives from GSA and the Project Team on a monthly basis. The Contractor shall conduct site tours for GSA and other officials as required.

3.2.2 Develop a Construction Schedule current with the design resolution process. Revise the construction schedule as required to reflect changes that have occurred during design or to reflect a change or more refined schedule for procurement of materials, subcontract buyout or construction. Provide updates at the design review meetings and construction meetings.

3.2.3 Develop Value Engineering proposals and hold workshops with a goal to provide savings to the Government.

3.2.4 Identify subcontract bid packages and material procurement packages that could be advertised prior to the completion of construction documents. If GSA concurs that the project will benefit, GSA will authorize the Contractor to advertise and award subcontracts or material procurements for long lead-time items in advance of completion of construction documents.

3.2.6 Prepare and process the application(s) for all necessary building permits, etc.

Monitor and expedite the permitting process as necessary to ensure that the construction permits are received in a timely fashion.

3.2.7 The Contractor shall be responsible for superintendence, providing ongoing coordination between crafts, job site safety, quality control, settling disputes between subcontractors, negotiating any Change Orders with the subcontractors (GSA expects the DB to negotiate with subcontractors, but reserves the right to reject any subcontractor proposal), negotiating Change Orders with GSA. The Contractor shall be responsible for reviewing, coordinating and forwarding submittals and RFIs to GSA's Representative for action and for responding to all correspondence related to the effort required for any procurement activities that arise from a subcontractor's inability or unwillingness to perform.

3.2.8 The Contractor shall be responsible for general building layout, and for the coordination of layout work provided by separate trades for their own work, to insure that no conflict exists with the work of other trades. This work shall include the layout of all partitions and door openings, electrical panels, systems furniture electrical and IT connections and fixed

D a t e d D e c e m b e r 0 4 , 2 0 1 7 8 | P a g e casework outlines (including knee spaces) on the floor slabs prior to mechanical, plumbing, and electrical rough-in work.

3.2.9 The Contractor shall provide sufficient staff of project managers, field engineers, superintendents, engineers, CQC representatives, testing engineers, scheduling engineers, cost engineers, clerical and accounting personnel to ensure timely processing of all project related correspondence including Change Order Proposals, RFIs, submittals and general correspondence. The ePM system will be utilized for all project correspondence. The Contractor will be responsible to comply with any Security Clearances required for new construction.

3.2.10 DB shall complete all work necessary to turn over the new building to GSA to include the following close-out activities: completion of punchlist, completion of LEED submittals, submit all operation and maintenance manuals and complete required operational training of GSA staff, submit written warranties where required, submit final release of claims, deliver all attic stock of materials and / or spare parts as required, submit complete and accurate Record Documents and submit a proper final invoice.

3.2.10.1 Construction Substantial Completion is defined as a level of construction, which allows the Government to occupy and operate the entire building (or portions of the building according to a phased occupancy schedule). The only remaining work in the building shall not restrict occupancy or the normal business operations of the building tenants. Such remaining work is normally cited on a punch list, which is included in the documentation of Substantial Completion.

END

1 PROJECT DESCRIPTION

1.1 Project Type

1.2 Project Goals and Objectives

Strategic project goals include the following:

Tactical project objectives to implement the goals above include the following:

1.3 Project Delivery Approach

1.4 Reference Materials

2 Project Delivery Team

3 SCOPE OF WORK:

(This is a representative list of expected critical tasks, Scope will be further defined in PHASE 2 RFP)

3.1 Design:

3.2 Construction:

Sol. Reference No: 47PE0317R0010 GSA Contract No.

Document: DB101/ DEC 2016 (The Agreement) Pages 1 of 32

Design Build Contract for the Design-Build construction services for the New U.S.

Courthouse, Anniston, Alabama 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 Representative F. 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, Prosecution, and Completion of Work B. Contractor Responsibilities C. Contractor Management and Personnel D. Project Schedule E. Extensions of Time F. Interpretation of Specifications and Drawings G. Submittals H. Substantial Completion and Contract Completion I. Use and Possession Prior to Substantial Completion J. Finality of Contract Modifications K. Liquidated Damages L. Insurance Requirements M. Order of Precedence N. Administrative Matters O. Non-Compliance with Contract Requirements P. Safeguarding Sensitive Data and Information Technology Resources Q. Options and Allowances R. Apprenticeship Plans S. Equal Employment Opportunity Plan T. Additional Terms and Conditions

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

Pages 2 of 32

I. Project Information

I.A. Project Summary [This project is for the design and construction of a new federal courthouse that will be located in Anniston, Alabama (the Courthouse). This project will follow the Design Excellence protocol established by GSA for acceptance by the Government prior to construction. The design-build scope of work includes all labor and materials required to provide architectural and engineering design, construction, and other related services necessary to design and to construct the Courthouse. Related services include, but are not limited to, building demolition, site planning, geotechnical investigation, environmental mitigations, testing and inspection during construction, and coordination with the commissioning agent.

The Courthouse shall be designed to contribute to the community and to be architecturally compatible within its historical district context. The architecture of the Courthouse should reflect its prominent location in this setting, be sensitive to current master planning initiatives, and serve as a catalyst for future development. The design shall also comply with the applicable City of Anniston historic requirements as listed in the document and appendices, continue the historic district revitalization, and be sympathetic to the historic fabric of the city.

The site address for the Courthouse is unknown at this time, but it will be located in the Downtown Business District of Anniston, Alabama, which is in the historical district. The site will be a single deeded parcel containing approximately three acres.

The total space requirement for the new courthouse should not exceed of 57,150 gross square feet of office and judicial support space and 5850 gross square feet of secured parking for 13 cars for a total of 63,000 gross square feet. These two space amounts and their total represent the maximum allowable square footages for this project. Tenants to be housed in this courthouse are the US Bankruptcy Court and Clerk, the US District Court and Clerk, the US Attorneys Office, US Probation, US Marshal Service, and GSA.

I.B. The Contract

(1) The Contract consists of the SF 1442, 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 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 design, 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

Pages 3 of 32

(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 1369 calendar days from issuance of Notice to Proceed (NTP).

(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

To be determined upon selection of site

I.E. Authorized Representative

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

Contracting Officer Name: Kiersten S. Mathews Address: 77 Forsyth Street SW, Atlanta, GA 30303 Telephone: 404.526.3125 Email: Kiersten.Mathews@gsa.gov

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

I.F. Liquidated Damages Rate In accordance with the “Liquidated Damages” clause in Section III (Terms and Conditions), liquidated damages shall be calculated at the rate TBD at Phase 2 per calendar day.

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.

(1) Statement of Work for Contract No. 47PE0317R0010, Dated December 4, 2017

(2) Specifications for Contract No. 47PE0317R0010

(3) Construction Drawings for Contract No. 47PE0317R0010, Dated TBD

(4) Site Conditions Report by 47PE0317R0010, Dated TBD mailto:Kiersten.Mathews@gsa.gov

Pages 4 of 32

(5) Wage Determination AL170165, Dated 11/10/2017

(6) Small Business Subcontracting Plan, Dated TBD

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 [Not applicable for Phase 1. This section will be updated for Phase 2.

III. Terms and Conditions

III.A. Commencement, Prosecution, and Completion of Work FAR 52-211-10, Commencement, Prosecution, and Completion of Work, is supplemented as follows:

Pages 5 of 32

The Contractor shall not commence the Work until the Contracting Officer has issued NTP. The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of the Work, as defined in Section III (Terms and Conditions), “Substantial Completion and Contract Completion” clause, within the time specified in Section I (Project Information), “Period of Performance” clause. If the Contract specifies different completion dates for different phases or portions of the Work, the Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of such phases or portions of the Work within the times specified.

III.B. Contractor Responsibilities

(1) For the purposes of FAR 52.236-1, Performance of Work by the Contractor, the Contractor shall perform at least twelve percent of the Work.

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

(3) The Contractor shall be responsible for providing professional design services unless this responsibility is expressly excluded from the Contract. In the performance of such work, the Contractor shall be responsible for retaining licensed design professionals, who shall sign and seal all drawings, calculations, specifications and other submittals that the licensed professional prepares. The Contractor shall be responsible for, and GSA shall be entitled to rely upon, the adequacy and completeness of all professional design services provided under this Contract.

(4) This Contract is intended for the sole benefit of the Parties; no person shall be deemed a third party beneficiary of this Contract. Notwithstanding the foregoing, the Contractor shall include in all subcontracts that require professional design services express terms establishing GSA as a third party beneficiary.

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