FCS Solicitation.pdf

REQUEST FOR PROPOSAL (RFP)

U.S. GENERAL SERVICES

ADMINISTRATION

PUBLIC BUILDING SERVICE

This procurement is a partial small business set aside

Indefinite Delivery Indefinite Quantity (IDIQ) Flexible Coworking Services (FCS)

GSA, Public Buildings Service

SOLICITATION NO: 47PF0020R0003

ISSUE DATE: DECEMBER 30, 2019

CLOSING DATE & TIME: JANUARY 30, 2020

2:00 PM (Central Time)

ISSUED BY:

U.S. General Services Administration Public Buildings Service Acquisition Management Division Contact: justin.costello@gsa.gov

GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA

GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA

mailto:justin.costello@gsa.gov

Flexible Coworking Services GSA, Public Buildings Service

SOLICITATION NO. 47PF0020R0003

“SHALL” “WILL” and “MUST” Throughout this solicitation, the terms “shall” “will” and “must “are used. “Shall” “will” and “must” denote the imperative. They indicate an obligation to act. In this solicitation, and any resulting contract, “shall” “will” and “must” have the same meaning.

SOLICITATION ISSUED ELECTRONICALLY

This solicitation is being issued electronically as of the solicitation “Date Issued” on the Standard Form 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS. The offeror shall not alter the solicitation or any component thereof (i.e. drawings, etc.). The Government’s version of the solicitation and accompanying components take precedence if a discrepancy arises between the version issued by the Government and the signed documents submitted by the offeror.

SYSTEM FOR AWARD MANAGEMENT (SAM)

All contractors must be active in the System for Award Management (SAM), https://beta.sam.gov/ prior to submission of offers to be considered for award.

NAICS CODE

For your information, the North American Industry Classification System (NAICS) code for this procurement is 531120 - Lessors of nonresidential buildings (except miniwarehouses) with a small business size standard of $30,000,000.00.

PRICING OF OPTIONS

Offerors shall price the initial one year period and the option requirements for the four additional one year periods.

BOND REQUIREMENTS

BID GUARANTEE AND BOND ARE REQUIRED [ ] ARE NOT REQUIRED [XX]

PRE-PROPOSAL CONFERENCE:

In order to encourage participation in this request for proposal, one pre-submission teleconference has been scheduled for January 16th, 2020. The call will commence at 10:30am CST. The meeting will be available via teleconference only. Attendance is completely voluntary and will not positively or negatively impact a team’s evaluation. The purpose of the meeting is to answer any industry questions regarding this procurement. Those wishing to attend should RSVP to Justin Costello Contracting Officer, at justin.costello@gsa.gov. In the e-mail, please provide the names of those wishing to attend no later than January 14, 2020 by 2 pm (CST). A conference call-in number will be provided in your RSVP reply.

SAFEGUARDING DOCUMENTS

Associated plans, drawings, or specifications provided under this solicitation are intended for use by prospective bidders/offerors (and their subcontractors and suppliers). In support of this requirement, GSA requires bidders/offerors to exercise reasonable care when handling documents relating to building drawings/plans, security equipment, security equipment installations, and contract guard service, to include:

1) Limiting reproduction and/or dissemination of covered materials only to persons/parties related to this acquisition or otherwise authorized to receive such information;

2) Making every possible effort that is reasonable and prudent to prevent unauthorized disclosure of this information;

ATTENTION OFFERORS: This notice has been prepared to point out some of the important sections or requirements of this solicitation or to provide you with additional information related to this proposed contract. Please note that it is not inclusive - you are cautioned to carefully read the entire solicitation in order to be fully aware of all requirements, provisions, and clauses.

3) Upon award and completion of any appeals process, unsuccessful bidders/offerors making every reasonable and prudent effort to destroy or render useless all information/documentation received during the solicitation and/or appeals process; and

4) The awardee continuing the efforts required above throughout the entire term of contract and for what specific time thereafter as may be necessary, as determined by the awardee.

CONTRACTOR DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER.

Enter your DUNS number in Block 17A on the first page of this solicitation. If you do not know or do not have a DUNS number please contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to you. For information on obtaining a DUNS number, you should call Dun and Bradstreet at 1-866-705-5711. Be prepared to provide the following information: (1) Company name, (2) Company address, (3) Company telephone number, (4) Line of business, (5) Chief executive officer/key manager,

(6) Date the company was started, (7) Number of people employed by the company, (8) Company affiliation.

PROMPT PAYMENT DISCOUNT

Block 12 on the first page of the solicitation and possibly the solicitation pricing page(s), is to be used to offer prompt payment discounts. Payment terms are set forth in the Prompt Payment clause in this solicitation. Offerors are cautioned against inserting any statement that indicates that payment is due sooner that the time stipulated in the Prompt Payment clause. EXAMPLE: Inserting "Net 20" may cause the offer to be rejected as unacceptable, because the entry would be contrary to the 30-day payment terms specified in the Prompt Payment clause.

EVALUATING CONTRACTOR PERFORMANCE

The General Services Administration is using the Contractor Performance Assessment Reporting System (CPARS) module as the secure, confidential, information management tool to facilitate the performance evaluation process.

CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is http://www.cpars.gov.

Completed CPARS evaluations are sent to the Past Performance Information Retrieval System (PPIRS) which may then be used by Federal acquisition community for use in making source selection decisions. PPIRS assists acquisition officials by serving as the single source for contractor past performance data.

CPARS Registration

Each award requiring an evaluation must be registered in CPARS. The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an e-mail that contains user account information, as well as the applicable contract and order number(s) assigned.

Contractors will be granted one user account to access all evaluations.

CPARS Training

Contractors may sign up for CPARS training. A schedule of classes will be posted to the CPARS training site (http://www.cpars.gov/allapps/cpcbtdlf.htm) and updated as needed.

CPARS Role_Contractor Representative (CR) All evaluations will be sent the Contractor Representative (CR) named on your award. Access to CPARS will be granted to the CR after the award is registered in the system.

The CR will be able to access CPARS to review and comment on the evaluation. If your CR is not already in the CPARS system, the contracting officer will request the name and email address of the person that will be responsible for the CR role on your award.

Once an evaluation is ready to be released the CR will receive an email alerting them the evaluation is ready for their review and comment. The email will indicate the time frame the CR has to respond to the evaluation; however, the CR may return the evaluation earlier than this date.

The contractor must promptly notify the Contracting Officer of any change in their CR to allow the update to be made in the system.

http://www.cpars.gov/ http://www.cpars.gov/allapps/cpcbtdlf.htm)

GSA shall provide for review at a level above the contracting officer (i.e., contracting director) to consider any disagreement between GSA and the contractor regarding GSA’s evaluation of the contractor. Based on the review, the individual at a level above the contracting officer will issue the ultimate conclusion on the performance evaluation.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file.

OPTION TO EXTEND SERVICES

Offerors should note that Section I of this solicitation includes FAR 52.217-8, Option to Extend Services, which allows the Government the unilateral option to extend the term of any resultant contract up to six months, exclusive of any other option provisions which may be included as part of any resultant contract.

TABLE OF CONTENTS

NOTICE CONCERNING SOLICITATION…

TABLE OF CONTENTS…

SECTION A, STANDARD FORM 1449…

SECTION B, SUPPLIES OR SERVICES AND PRICES

SECTION C, DESCRIPTION/SPECIFICATIONS, STATEMENT OF SERVICES…

SECTION D, PACKAGING AND MARKING…

SECTION E, INSPECTION AND ACCEPTANCE…

SECTION F, DELIVERIES AND PERFORMANCE…

SECTION G, CONTRACT ADMINISTRATION DATA…

SECTION H, SPECIAL REQUIREMENTS…

SECTION I, CONTRACT CLAUSES

SECTION J, LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS…

SECTION K, REPRESENTATIONS, CERTIFICATIONS, & OTHER STATEMENTS OF OFFERORS

SECTION L, INSTRUCTIONS, CONDITIONS AND NOTICE TO OFFERORS

SECTION M, EVALUATION FACTORS FOR AWARD…

Flexible Coworking Services

GSA, Public Building Service

A.1. Standard Forms - RESERVED

SECTION A - SOLICITATION

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

47PF0020R0003

JUSTIN COSTELLO 217-492-4086

U.S. General Services Adminitration 520 S. Eighth Street Springfield, Illinois 62703

U.S. General Services Administration PBS, Great Lakes Region 5 Acquisition Management Division

LIST ALL PRICING ON SECTION B, PRICING PAGES

5P1QEB

Acquisition Management Division Specialized Building Services Branch 520 S. Eighth Street Springfield, Illinois 62703

12/30/2019

2 PM CST

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

FLEXIBLE COWORKING SERVICES

B1. BACKGROUND

The U.S. General Services Administration’s (GSA)Total Workplace Program is enabling client agencies to focus on their mission by providing temporary effective coworking solutions aligned with their operations. This solution is geographically multi-tiered and flexible with the ability to be tailored in alignment with the business needs of the Federal Government. Working beyond the confines of traditional government offices has become more common.

Government employees are now commonly equipped with technological tools to work from anywhere. The freedom provided by technological advancements allows agencies to efficiently and flexibly pursue mission success through the utilization of employee mobility and telework. This shift in capability has resulted in greater flexibility and mission response across the Federal Government. GSA is seeking nationwide Flexible Coworking Service (FCS) solutions that provide federal employees with flexible workspace solutions in order to occupy only the space needed in order to meet their missions and promote a responsible use of taxpayer dollars.

FCS is a business services model to provide flexible coworking solutions to the Federal Government. Solutions shall include individuals working independently or co-working collaboratively in shared office space. The contractor shall provide a work environment akin to a typical office, usually inclusive of office equipment and amenities.

Typical features of co-working facilities include work spaces, wireless internet, communal printer/copier/fax, shared kitchens, restrooms and open seating areas. This may also be referred to as a “shared office.”

Use of any of the flexible workspace types identified in Section B.2, shall not create or be construed to create any exclusivity of use by the Government, nor be construed as a grant of any title, lease, easement, lien, or possession. Providing Flexible Coworking Services creates no tenancy interest or leasehold estate. Any of the flexible work space types may be terminated by the contractor in accordance with the clauses contained herein..

Federally owned and leased space may be available in all cities. At the sole discretion of the contracting officer, GSA may screen all available vacant space in owned and leased space in the location before pursuing a requirement under this IDIQ. The requirements to be fulfilled by this contract will be short term, flexible arrangements. The services provided under this contract are not an acquisition of space, but a service to provide temporary flexible workspace.

B2. PRICE SCHEDULE

A. Offerors must provide daily pricing for all Tiers of the Base Period and all Four One-year Option Periods in order to be eligible for award. Failure to provide this information may result in the offer being determined unacceptable.

B. The pricing proposed shall not contain a charge for refreshments and/or alcoholic offerings.

C. Pricing is based on a daily commitment, 8:00AM-6:00PM local time. Weekends are included. These prices are ceiling/maximum rates for each tier. Contractors are free to offer lower rates on each order.

D. Offerors shall provide rates for each of the flexible workspace types requested:

UW = Unreserved Workstation RW = Reservable Workstation RO = Reservable Office

E. Workspaces Required:

Unreserved Workstation (UW) - A workstation that is utilized without a reservation by multiple workers on different shifts. An unreserved workstation allows for a user to work at any location within the shared office facility without needing to book the station in advance. This may also be referred to as drop-in or “hot desking.”

Reservable Workstation (RW) - Reservation-based unassigned seating; users are not assigned their own desks; instead, they reserve a workstation for their temporary use for just the times they will be in the co-working facility. Depending on the specific co-working facility, the workstation may or may not be the same

SECTION B - SERVICES, ORDERING AND PRICES

each time a reservation is made. This may also be referred to as “hoteling.”

Reservable Office (RO) - Reservation-based office seating; users are not assigned their own office; instead, they reserve an office for their temporary use for just the times they expect to work in the co-working facility. A reservable office gives users access to the security and privacy of an office while still allowing them to be a part of the co-working community. Depending on the specific co-working facility, the office provided is subject to availability and may or may not be the same for each reservation.

Each proposal shall provide proposed coworking options in each of the tiers outlined below. All cities do not need to have a current offering.

B3. LOCATION TIERS:

TIER 1 locations are Chicago-Naperville-Elgin, New York City-Newark-Jersey City, Los Angeles-Long Beach- Anaheim, San Francisco-Oakland-Berkeley, Washington-Arlington-Alexandria, Boston-Cambridge-Newton, San Jose-Sunnyvale-Santa Clara, and Seattle-Tacoma-Bellevue. Greater metropolitan areas of these cities are also included in this tier.

TIER 2 locations are Salt Lake City, Atlanta-Sandy Springs- Alpharetta, Philadelphia -Camden-Wilmington, Denver- Aurora-Lakewood, St. Louis, Houston-The Woodlands-Sugar Land, Dallas-Ft. Worth-Arlington, Phoenix-Mesa- Chandler, Miami-Fort Lauderdale-Pompano Beach, Minneapolis-St. Paul-Bloomington, San Diego-Chula Vista- Carlsbad, Bridgeport-Stamford-Norwalk, Austin-Round Rock-Georgetown, Cincinnati, Cleveland-Elyria, Charlotte- Concord-Gastonia, Detroit-Warren-Dearborn, Hartford-East Hartford-Middletown, Indianapolis-Carmel-Anderson, Kansas City, Las Vegas-Henderson-Paradise, Nashville-Davidson-Murfreesboro-Franklin, New Orleans-Metairie Pittsburgh, Portland-South Portland, Portland-Vancouver-Hillsboro, San Antonio-New Braunfels. Greater metropolitan areas of these cities are also included in this tier.

TIER 3 locations include all other cities and metropolitan areas not specifically noted in the Tier 1 or Tier 2 definitions.

*Metropolitan Areas are the same as the Metro Statistical Areas defined by the U.S. Census Bureau at the following address. https://www.census.gov/geographies/reference-maps/2018/geo/cbsa.html

SECTION B4. – Price Schedule

Base Period - 12 Months

Pricing is based on a DAILY commitment. (8:00AM-6:00PM local time; Including Weekends)

C

LI

N

Site by TIER

Flexible Workspace

Unreserved Workstation

Reservable Workstation

Reservable Office

001 Tier 1 $ $ $

002 Tier 2 $ $ $

003 Tier 3 $ $ $

Commitment Term % of Discount from Daily Commitment

004 1-3 Month Commitment

005 3-6 Month Commitment

006 6-12 Month Commitment

Number of Committed Occupants % of Discount from Daily Commitment

007 1 - 3 Users

008 4 - 8 Users

009 9+ Users

Note: Percentage of discount is based off of the daily rate quoted above.

SECTION B5. – Price Schedule

Option Period #1 - 12 Months

Unreserved Workstation

Reservable Workstation

Reservable Office

101 Tier 1 $ $ $

102 Tier 2 $ $ $

103 Tier 3 $ $ $

104 1-3 Month Commitment

105 3-6 Month Commitment

106 6-12 Month Commitment

107 1 - 3 Users

108 4 - 8 Users

109 9+ Users

SECTION B6. – Price Schedule

Option Period #2 - 12 Months

Unreserved Workstation

Reservable Workstation

Reservable Office

201 Tier 1 $ $ $

202 Tier 2 $ $ $

203 Tier 3 $ $ $

204 1-3 Month Commitment

205 3-6 Month Commitment

206 6-12 Month Commitment

207 1 - 3 Users

208 4 - 8 Users

209 9+ Users

SECTION B7. – Price Schedule

Option Period #3 - 12 Months

Unreserved Workstation

Reservable Workstation

Reservable Office

301 Tier 1 $ $ $

302 Tier 2 $ $ $

303 Tier 3 $ $ $

304 1-3 Month Commitment

305 3-6 Month Commitment

306 6-12 Month Commitment

307 1 - 3 Users

308 4 - 8 Users

309 9+ Users

SECTION B8. – Price Schedule

Option Period #4 - 12 Months

Unreserved Workstation

Reservable Workstation

Reservable Office

401 Tier 1 $ $ $

402 Tier 2 $ $ $

403 Tier 3 $ $ $

404 1-3 Month Commitment

405 3-6 Month Commitment

406 6-12 Month Commitment

407 1 - 3 Users

408 4 - 8 Users

409 9+ Users

SECTION B9. – Price Schedule

Pricing Certification

* By signing I hereby certify, pricing proposed does not contain a charge for refreshments and/or alcoholic offerings.

Firm’s Name:

Contract Representative Signature:

Date:

Introduction This is a Performance Based Contract which focuses on outcomes as opposed to prescriptive requirements. This specification represents GSA's performance objectives and minimum levels of service to be provided by the contractor. A high level of effective communication between the Government and contractor is essential.

C1. SCOPE OF WORK

The Contractor shall provide temporary on-demand, cost-effective workspace as a service to the Federal Government for the services outlined in Section B and in accordance with the following general specifications.

These specifications will serve as the basis for all task order statements of work (SOWs) that are developed as the need for services arises.

The General Services Administration (GSA) is seeking offerors who can provide commercially available temporary FCS as shared co-working spaces (standard co-working spaces where an organization shares the space with other individuals and organizations). In addition to co-working space infrastructure, the Government requires furnished office space, communal printer/copier/fax, telecommunications, secured wireless internet, shared kitchens, restrooms, access to private group meeting rooms and open seating areas.

Regardless of the mix of services provided by the vendor, the ability for the Contracting Officer of this ordering vehicle to request, order, and share professional workspaces and meeting rooms in various cities across the US is imperative.

The Offeror shall manage the FCS environment. Management duties include, but are not limited to providing, uninterrupted internet, oversight for the online booking platform, monthly usage reports to the contracting officer and billing based on usage. Specific management services may vary per location and are subject to localized requirements and offerings. Management does not include IT support for government furnished equipment.

GSA will not be responsible for or allow users under this agreement, and subsequent task order, to use standard refreshment offerings from any firm under this agreement and orders. By submitting a signed Price Schedule, Total Evaluated Price (TEP) each offeror is certifying that proposals do not contain costs for refreshments.

C.1.2 – Reserved

C.1.3 Minimum Level of Work These specifications are a statement of the minimum level of work and services that are to be provided in certain areas under this contract. They are not intended to be, nor shall they be construed as, limiting specifications or requirements.

This requirement is not intended to restrict the Contractor’s approach to successful performance of the contract work with maximum economy and effectiveness. The determination of the actual resources to be utilized for the performance of all services specified herein is the sole responsibility of the Contractor.

C2. Definitions

C.2.1 Acceptance “Acceptance” means an authorized representative of the Government has inspected and agreed that the work meets all requirements of this contract, to include documentation requirements.

C.2.2 Acts of God These are unanticipated grave natural disasters or other natural phenomenon of an exceptional, inevitable, and irresistible character; the effects of which could not have been prevented or avoided by the exercise of due care or foresight.

SECTION C - DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C.2.3 Approval ‘Approval’ means the Government has reviewed the submittals, deliverables, or administrative documents [e.g., insurance certificates, Safety Data Sheets (SDS), etc.], and has determined that the documents conform to contract requirements. Government approval shall not relieve the Contractor of responsibility for complying with Federal, State, and local laws and regulations.

C.2.4 Contracting Officer (CO) Contracting Officer (CO) has the overall responsibility for the administration of this IDIQ. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. However, the CO may delegate certain other responsibilities to authorized Government representatives.

C.2.5 Contracting Officer's Representative (COR) Contracting Officer's Representatives (COR) or their designee shall be appointed by letter from the CO. CORs or designees will be the primary Government representatives for the administration of Contract, shall have proper training and experience in inspecting contracts, but will not have the authority to modify the contract.

C.2.6 Contractor “Contractor” as used in this document refers to the company or firm awarded this contract.

C.2.7 Emergency The term ‘emergency’ includes, but is not limited to bombings, and bomb threats, civil disturbances, fires, explosions, electrical failure, loss of water pressure, building flooding, sanitary and sewer line stoppage, chemical and gas leaks, medical emergencies, hurricanes, tornadoes, floods, and earthquakes.

C.2.8 Modification Modification is a bilateral or unilateral change in the terms of a IDIQ.

C.2.9 Negligence “Negligence is the failure to use care under the circumstances, it is the doing of some act which a person of ordinary prudence would not have done under similar circumstances or failure to do what a person of ordinary prudence would have done under similar circumstances.

C.2.10 Contract Performance Contractor performance will be evaluated on the basis of the performance success or deficiencies, success or failure in meeting other Contract requirements, and the Contractor’s record of correcting deficiencies when noted. While corrective actions will be noted, a record of significant performance deficiencies may lead to a performance evaluation that is less than satisfactory even if the Contractor takes corrective action.

C.2.11 Methods The use or nonuse of any quality assurance methods [(e.g., a measurement and verification (M&V) program] by the Government will not constitute a waiver of or excuse from Contract requirements. The Government may implement or change quality assurance measures at any time during the term of the Contract.

C.2.12 Contractor Performance Assessment Reporting System (CPARS) GSA uses the CPARS or similar performance measuring system to formally evaluate the Contractor’s performance. Evaluations are generally conducted annually or more frequently on or about the anniversary date of the Contract and also at the end of the Contract period.

C3. Constraints Contractor shall comply with all Federal, state and local laws applicable to its ownership of the Property, including, without limitation, laws applicable to the construction, ownership, alteration or operation of all Buildings, structures, and facilities located thereon, and obtain all necessary permits, licenses and similar items at its own expense. The Government will comply with all Federal, state and local laws applicable to and enforceable against it, provided that nothing in this Agreement shall be construed as a waiver of the sovereign immunity of the Government. Use of any of the flexible work space types identified in Section B.2, may not create or be construed to create any exclusivity of use by the Government, nor construed as a grant of any title, lease, easement, lien, or possession. Providing flexible work space as a service creates no tenancy interest or leasehold estate. Any of the flexible work space types may be terminated by the contractor whenever the contractor decides in good faith to do so.

C4. Accessibility The Building, coworking space and areas shall be accessible to persons with disabilities in accordance with the Architectural Barriers Act. Contractor must also comply with the Rehabilitation Act of 1973 which prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment and in the employment practices of federal contractors. See 41 C.F.R. § 102-76.60.

C5. Data Records and data shall be documented in deliverable reports (electronically). Any databases/code shall be delivered electronically and become the sole property of the United States Government. All deliverables become the sole property of the United States Government. The Government, for itself and such others as it deems appropriate, will have unlimited rights under this contract to all information and materials developed under this contract and furnished to the Government and documentation thereof, reports and listings, and all other items pertaining to the work and services pursuant to this agreement including any copyright.

Unlimited rights under this contract are rights to use, duplicate, or disclose data, and information, in whole or in part in any manner and for any purpose whatsoever without compensation to or approval from the provider. The Government will at all reasonable times have the right to inspect the work and will have access to and the right to make copies of the above-mentioned items. All digital files and data, and other products generated under this contract, shall become the property of the Government.

All Contract participants shall sign a non-disclose and non-compete agreement to restrict use and protect confidential and proprietary information.

C6. Confidentiality, Security, & Privacy In accordance with the Federal Acquisitions Regulations (FAR) clause 52.239-1, the Contractor shall be responsible for the following privacy and security safeguards:

1. The Contractor shall not publish or disclose in any manner, without the Contracting Officer’s written consent, the details of any safeguards used by the Contractor under the resulting contract or otherwise provided by or for the government.

b. To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of any non-public government data collected and stored by the Contractor, the Contractor shall afford the government access to the Contractor’s facilities, installations, technical capabilities, operations, documentation, records, and databases.

c. If new or unanticipated threats or hazards are discovered by either the government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party.

d. The Offeror's solution must comply with the GSA CIO IT Security Procedural Guide CIO-IT Security-09-48, Security Language for IT Acquisition Efforts as required for a Moderate Impact system.

e. Work on this project may require or allow contractor personnel access to Privacy Information.

Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations.

f. All data at rest will reside within the contiguous United States, the District of Columbia, and Alaska (CONUS) with a minimum of two data center facilities at two different and distant geographic locations

C7. Hiring Of Personnel The hiring of unauthorized alien workers on Government projects can lead to suspension and debarment from federal contracting under Executive Order 12989. Contractors suspected of violating the Immigration and Naturalization Act employment provisions will be reported to the Immigration and Naturalization Service (INS). A determination by INS that the Contractor is in violation may result in suspension and debarment. (A copy of Executive Order 12989, “Economy and Efficiency in Government Procurement Through Compliance with Certain Immigration and Naturalization Act Provisions,” dated February 13, 1996, will be provided to prospective bidders upon request.)

D1. PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information including, but not limited to, forms and reports to the CO or the COR, shall be paid by the Contractor.

D2. MARKING

All information submitted to the CO or the COR, shall clearly indicate the contract number for which the information is being submitted.

SECTION D – PACKAGING AND MARKING

Flexible Coworking Services GSA, Public Buildings Service

E1. Reserved

E2. Reserved

E3. Failure to Perform If the Contractor fails to promptly perform the services in conformity with the contract and individual task order requirements or to take the necessary action to ensure future performance in conformity with contract and individual task order requirements, the Government may terminate the contract or task order in accordance with FAR 52.212- 4(m).

SECTION E – DELIVERIES OR PERFORMANCE

Flexible Coworking Services GSA, Public Buildings Service

F.1. Place of Performance The flexible coworking services provided under this contract shall be performed within the Continental United States

(CONUS).

F.2 Term of Contract After award, the successful offerors will be given a written Notice to Proceed, and shall provide contractual services for a one year period commencing on the day specified in the Notice to Proceed.

F.3 Options

a. The Government shall have the unilateral option of extending the term of this contract for up to four consecutive additional periods of 1 year each. Refer to FAR 52.217-9, Option to Extend the Term of the Contract

- Services in Section I.

b. The government may require continued performance of any services within the limits and at the rates specified herein. Refer to FAR 52.217-8, Option to Extend Services in Section I.

F.4 Recognized Holidays The holidays identified herein are recognized by the Government. Should a holiday fall on a weekend, the day designated by GSA (Government) shall be recognized as the holiday.

1. New Year’s Day 6. Labor Day

2. Martin Luther King Day 7. Columbus Day

3. President’s Day 8. Veteran’s Day

4. Memorial Day 9. Thanksgiving Day

5. Independence Day 10. Christmas Day

F.5 Procedure for Ordering Services Services shall be provided only as authorized by task orders issued by the General Services Administration for the performance of services in the geographical boundaries of the Continental United States.

A. No task order may be placed in effect after the term of this contract (including extensions thereof) has expired, except to amend any task orders that are still in progress.

B. Requests for proposals (RFPs) for individual orders under this IDIQ will be issued by a Contracting Officer (CO) in writing, typically via email. The RFPs will require that technical and pricing information be submitted so as to allow for the determination of a best value award. Contractors shall use the Price Schedule rates for the applicable Base or Option periods that were accepted at the time of award. Contractor proposal information must be submitted timely so as to be received by the CO by the date and time set forth in the RFP in order to be considered. The submission of a late proposal may be rejected by the CO as untimely.

C. Proposals will be evaluated in accordance with the criteria outlined in the RFP and the task order will be issued by the CO utilizing a GSA Form 300 “Order for Supplies or Services.” The GSA Form 300 will be submitted to the intended awardee for signature in Block 25. The proposed awardee will sign, date, and return the SF 300 to the CO, who will then sign the order to execute it and distribute a copy back to the contactor to initiate performance.

D. The GSA Form 300, “Order for Supplies or Services,” will specify the following information:

1. Date of order

2. Contract number and Order Number

3. Item number and work description

4. Approved Fee (quantity of days and unit price)

5. Interim and/or Final Delivery/Performance dates

6. Place of delivery or performance

7. Any other pertinent information

F.6. Award and Administration of Task Orders A. Award of individual task orders will be based on best value. Best value will be determined by considering technical factors and price. The significance of the individual technical factors as well as the technical factors as a

SECTION F – DELIVERIES OR PERFORMANCE

Flexible Coworking Services GSA, Public Buildings Service whole in comparison to price will be identified in the individual RFPs. Examples of the type of technical factors to be evaluated at the task order level are as follows:

1. Past performance for similar services. This includes the quality and timeliness of similar services and deliverables/submittals. Offerors shall include contact information for a point of contact that can verify the contractor’s work.

2. Past experience of commercial flexible coworking services demonstrating the firm will meet the RFP requirements. Awardee will be requested to provide an example(s) of work that has been completed.

B. Fair opportunity will be given to all awardees, except for the following situations:

1. The agency need for the services is so urgent that providing a fair opportunity would result in unacceptable delays.

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

3. A maximum order amount has been reached before the end of the 12-month period.

C. Any Contractor who believes they have not been afforded a fair opportunity to be considered for award consistent with the procedures outlined in this contract may register a complaint with the Agency Task and Delivery Order Ombudsman: Michael G. Wolff, GSA, PBS, Acquisition Management Division, 230 S. Dearborn Street, Suite 3500, Chicago, IL 60606; phone 312-886-6911; fax 312-353-9186; email michael.wolff@gsa.gov.

D. All task orders must be properly executed via signature by a GSA, PBS Individual Task Order (ITO CO) prior to commencement of work.

1. Modifications and Changes

a. Task orders may be adjusted by the CO through the issuance of a bilateral written, supplemental modification.

b. Changes to terms and conditions of a task order shall be made in accordance with FAR 52.212- 4(c) and executed by the CO using a Standard Form 30.

2. Guaranteed Contract Minimums The guaranteed contract minimum is $1,000.00 in services for the base period of this contract. Note: If an offeror is selected for award during the base year, the minimum will not be paid.

3. Maximum Order Amount The maximum ordering amount per Contractor under this contract is $10,000,000.00 in services during each 12- month period of the contract.

mailto:michael.wolff@gsa.gov

Flexible Coworking Services GSA, Public Buildings Service

G.1. ADMINISTRATION

Administration of this IDIQ will be performed by the IDIQ Contracting Officer (CO) and the designated Contracting Officer’s Representative (COR). The COR is not authorized to amend, modify or deviate from the terms, conditions, requirements, specifications or details; approve progress schedules; issue stop work orders;

issue final decisions regarding contractor claims or issues under dispute; or terminate the contract for the convenience of the Government or for default. Such actions can be taken only by the Contracting Officer. The COR, is responsible for reviewing the contractor’s efforts for compliance with the technical and administrative features of the work required by the IDIQ.

IDIQ CO – Justin Costello COR – Lisa Lefkowitz

GSA – 5P1QEB GSA – 8PA1

Tel: 217-492-4086 Tel: 303-590-8982 Email: justin.costello@gsa.gov Email: lisa.lefkowitz @gsa.gov

The CO and COR identified above are responsible for the award and administration of the IDIQ being awarded as a result of this procurement. Subsequent individual task orders against this IDIQ will identify the Individual Task Order CO (ITO CO) and Task Order COR for that specific order. COs authorized to award task orders against this IDIQ will be identified in writing by the IDIQ CO. The ITO COs and CORs will be responsible for the tracking individual orders placed against this IDIQ and reporting this information to the IDIQ CO.

G.2. 52.216-18 ORDERING (Oct 1995)

1. (a) Any services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the base year of performance through the end of the last day of the last period of performance currently.

2. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

3. (c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 ORDER LIMITATIONS (Oct 1995)

1. (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

2. (b) Maximum order. The Contractor is not obligated to honor-

a. (1)Any order for a single item in excess of $500,000;

b. (2)Any order for a combination of items in excess of $500,000; or

c. (3)A series of orders from the same ordering office within 1 day that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

3. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the

Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

4. (d) Notwithstanding paragraphs(b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor’s intent not to provide the requested services called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 INDEFINITE QUANITY (Oct 1995)

1. (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

SECTION G – CONTRACT ADMINISTRATION DATA

https://www.acquisition.gov/content/52216-21-requirements#i1058745

Flexible Coworking Services GSA, Public Buildings Service

2. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

3. (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

4. (d)Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract if the order is not placed prior to the base contract’s expiration.

G.3. SUBMISSION OF INVOICES

1. The following information or documentation must be submitted with each invoice:

• Name of the firm as it is stated on the contract and in the System for Award Management (SAM)

• Accounting Document Number (ADN) / ACT

• IDIQ contract number

• Task order number

• Dun and Bradstreet (DUNS) Number

• Price to be billed per line item

• Brief description of services provided per line item

G.4. PAYMENT FOR SERVICES

(a) Payment for services will be made on the basis of a monthly invoice, in arrears. Invoices must be submitted to GSA's Office of Finance, listed below, with a copy to the CO and COR.

(b) Task orders placed against this contract will require an invoice following completion of services. As with monthly invoices, task invoices shall include the contract number, task order number, and ADN. Invoices shall be forwarded to PBS Payments Branch at the address below with a copy to the CO and COR.

• Electronic invoices are preferred.

Submit electronic invoices to the website shown below:

https://finance3.gsa.gov

• Mail paper invoices to:

PBS Payments Branch PO Box 17181 Fort Worth, TX 76102-0181

(c) A courtesy copy of all invoices submitted to GSA Finance (either electronically or via original signed hardcopy), shall be furnished to the CO and the COR.

G.5. FINAL PAYMENT

Final payment will be made upon receipt of all approved deliverables, an appropriate payment application and supporting documentation, to include the Contractor's signed Release of Claims form (GSA Form 1142).

G.6. EVALUATING CONTRACTOR PERFORMANCE

The General Services Administration is using the Contractor Performance Assessment Reporting System (CPARS) module as the secure, confidential, information management tool to facilitate the performance evaluation process.

CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is http://www.cpars.gov/index.htm

Completed CPARS evaluations are sent to the Past Performance Information Retrieval System (PPIRS) which may then be used by Federal acquisition community for use in making source selection decisions. PPIRS assists acquisition officials by serving as the single source for contractor past performance data.

CPARS Registration Each award requiring an evaluation must be registered in CPARS. The contractor will receive several automated https://finance3.gsa.gov/ http://www.cpars.gov/index.htm

Flexible Coworking Services GSA, Public Buildings Service emails. Within thirty days of award, the contractor will receive an e-mail that contains user account information, as well as the applicable contract and order number(s) assigned. Contractors will be granted one user account to access all evaluations.

CPARS Training Contractors may sign up for CPARS training. A schedule of classes will be posted to the CPARS training site (http://www.cpars.gov/allapps/cpcbtdlf.htm) and updated as needed.

CPARS Role_Contractor Representative (CR) All evaluations will be sent the Contractor Representative (CR) named on your award. The CR will be able to access CPARS to review and comment on the evaluation. If your CR is not already in the CPARS system, the contracting officer will request the name and email address of the person that will be responsible for the CR role on your award.

Once an evaluation is ready to be released the CR will receive an email alerting them the evaluation is ready for their review and comment. The email will indicate the time frame the CR has to respond to the evaluation;

however, the CR may return the evaluation earlier than this date.

GSA shall provide for review at a level above the contracting officer (i.e., contracting director) to consider any disagreement between GSA and the contractor regarding GSA’s evaluation of the contractor. Based on the review, the individual at a level above the contracting officer will issue the ultimate conclusion on the performance evaluation.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file.

http://www.cpars.gov/allapps/cpcbtdlf.htm

Flexible Coworking Services GSA, Public Buildings Service

H.1. Building Access Access to federally-controlled facilities will not be required during performance of this contract.

Normal service under this contract will not require security clearances to be pursued.

H.2. Reserved

H.3. Security Clearance Requirements (Non-classified Contract) GSA will make the determination if contact employees will require a clearance in performance of the duties under this contract. Clearances are not anticipated for this service. If clearances are needed the criteria below will apply.

H.4. Reserved

H.5.Compliance with Security Requirements The Contractor shall comply with all GSA security requirements when attending meetings in federally owned building(s).

H.6. Reserved

H.7. Standards Of Conduct The Contractor shall…