Amendment 03 - SF 30.pdf

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION |

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If Applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

General Services Administration, PBS

Acquisition Management Division 6P1QE

2300 Main Street, Floor 7

Kansas City, MO 64108 For information contact:

Steve Steinkamp 816-823-1605

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

X 9B. DATED (SEE ITEM 11)

2020 DB IDIQ (GSA Region 06)

Public Building Services, AMD 10A. MODIFICATION OF CONTRACT/ORDER NUMBER

2300 Main Street, 7th Floor

Kansas City, MO 64108

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, XX is not ex-tended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

(X) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CON-

TRACT ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b)

C. THIS SUPPLEMENT AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCP section headings, including solicitation/contract subject matter where feasible. )

The following are provided within Amendment 03;

1. Questions and responses since Amendment 02.

2. GC IDIQ Agreement 20200511.

3. GC IDIQ Solicitiation 20200511.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

BY

(Signature of person authorized to sign) (Signature of Contracting Officer)

PREVIOUS EDITION UNUSABLE STANDARD FORM 30 (Rev. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

3:00pm

47PG020R00003

4/21/2020

05/14/20

05/29/20

Amendment 3 Questions and Answers

1. Regarding GSA Form 527, Section II, Item 16 asks, “Are you currently receiving government financing?. Is a PPP loan as part of the CARES Act considered government financing?

Answer: If the Paycheck Protection Program (PPP) loan does not need to be paid back according to CARES Act, then the loan does not need to be reported. If it is unclear on whether it should be paid back or if does need to be paid back, then the PPP loan should be reported on the Form 527.

2. Referencing the pre-proposal conference agenda provided in amendment 02, it is stated that task orders may be delivered via DBB Method 1, DB Method 2 or DB Method 3. Given this, we respectfully request the government to revise the “Similar Project” criteria (connected to Factor 1 and Factor 3) to reflect submission of a minimum of 2 design-build projects and one design-build project, or, alternatively, 3 projects, with at least one being design-build and one being design-bid-build.

Answer: The “Similar” projects denoted under VI.F. Non-Price Factors flows to Factor 1 and Factor 3. Please re-read the descriptions under each evaluation factor closely.

3. Please confirm the demonstration of past performance piece (i.e., PPQ, CPARs, letter of recommendation) is not included in the page counts, as these are owner—provided documents separate from a contractor-provided narrative.

Answer: Yes, however, past performance information should be limited to only those projects already discussed for Factor 1.

4. Regarding FAR 52.216-9 Order Limitations the minimum order is $250,000.00 and the maximum order is $100,000,000.00. Small businesses do not have a bonding capacity of $100,000,000.00. I understand this is not set-aside Small Business but want to understand if small business can qualify and it is worth the proposal effort. What is the minimum expected bonding capacity required to qualify for this solicitation?

Answer: There is not a minimum bonding capacity required for this solicitation. However, individual task orders will have individual bonding capacities that range from $250,000 to $50,000,000. A successful proposer is encouraged but not required to place proposals on every task order.

5. Regarding FAR 52.236-1 Performance of Work by the Contractor the requirement is to perform at least 10% of the work. Can the 10 % be meet with management or is this defined by some other method? For example; by cost of the project, by tradesmen hours or by cost of tradesmen?

Answer: First, this should read 12% and will be updated to reflect that. Secondly, the 12% is meant for self-performance by the contractor and its trades. This 12% is defined by the cost of the project.

6. Under “Limitations on Subcontracting”, the requirement for self-performance is 15 percent of the cost of the contract not including the cost of materials, with its own employees. Under “Construction by special trade contractors the requirement is 25%. Are these requirements in addition to the FAR 52.236-1? Should we assume the more stringent requirement will be enforced?

Answer: 52.219-14 applies to large businesses. These large businesses will need to self-perform at least 15% of the work or 25% if construction by special trade is appropriate. These requirements are not in addition but whichever is the most stringent.

7. Regarding Evaluation Factor 3: Key Personnel and Staffing – Form D. Is there a minimum or maximum number of personnel that should be provided?

Answer: The minimum is 2, one for each personnel identified.

8. Regarding Evaluation Factor 3: Key Personnel and Staffing – Form D. Are there specific personnel positions you would like to see? The evaluation criteria states Project Manager and Supervisor. Is there a requirement to submit Superintendents, Safety Officers ect?

Answer: No, just the two identified.

9. Is this IDIQ primarily for general contractors?

Answer: Yes

10. If you are a small business, do you still have to provide a small business contracting plan?

Answer: No

11. Page 20, Para. VI.A. Evaluation of Offers – Please explain how the Socioeconomic 5% will be added. For example, if a HUBZone firm scores 80/100 do they get 4 more point? Or do they get the full 5 point? The way the footnote is worded it seems they would get 4 more points. Please give an example that demonstrates exactly how you expect to apply the percentages.

Answer: Any socioeconomic status receives 5 points.

12. Page 23, Evaluation Factor 1, General Information, 7> - A good example project to meet Factor 1 may not have the same people we propose to utilize on this program. Also you state the people on those projects “should be employed by the offeror.” If that person is no longer employed do we still use their resume? Or do we substitute another person that is employed? Is there more credit given to a project with the execution team in tact?

Answer: Factor 1 and Factor 3 do not cross except in Factor 3. Factor 3 should have a project manager and supervisor from any of the projects identified in Factor 1. The proposer may propose with whomever they want, but an intact team (except for the cross of Factors 1 and 3 already explained) would not get more credit.

13. Page 25, Evaluation Factor 2 – “…Factor 2 should not exceed a total of 3 pages…” Forms B and C are a combined 3 pages. Does the one additional page for the project schedule mean a total of four pages? The way it is worded, this could be a different project from the 3 Form A Projects. If that is the case, then some additional background would be needed to explain the project details.

It appears you want a Form C for Risk Management, a separate Form C for Resources and Technology and another Form C for Sustainability. This would add considerable more pages than 3.

Please clarify, precisely, if we are being Form limited or page limited on Factor 2.

Answer: The schedule sample is not part of the page total. Form B and C should be limited to three pages.

14. Page 28, Evaluation Factor 3 – Key Personnel – As we read you want Form D filled out for the Construction Project Manager and Supervisor for each of the projects listed on Form A. A couple of questions:

1st – Form D has different personnel that is to be circled. Project Manager or Constr. Supervisor, Architect PM or Architect. Please clarify if we are to submit a Form D for these additional personnel.

2nd – If we have Joe 1 one on Project #1, Joe 2 on Project #2, and Joe 3 on Project #3, do we complete a Form D for each of them?

3rd – We read if Joe 1 was on Project #1, then we do not fill in the “Project 1” box on Form D, but we should fill in for other Projects 2 and 3 for Joe 1. Is this correct? Likewise, Joe 2 would fill in Project #2, and then we would add different projects for #1 and #3 boxes.

Answer: 1. Form D was updated on a prior amendment. 2. A minimum of one project manager and one supervisor are required. 3. If Joe 1 was on Project 1, then circle Project 1 which reflects the projects identified in Factor 1.

15. Amendment 2, Pre-Proposal Agenda, TO Opportunities – Firms are not required to submit in response to every Request for Proposal (RFP), but are encouraged to compete to the maximum extent possible. We understand the proposal covers the 5 major geographic areas listed in R6 (page 29). A couple of questions:

1st – If we are a small HUBZone contractor that only wants to perform work in two of the geographic regions, then at some point will we be on the “off ramp”?

2nd – Please clarify what you intend to meet “…to the maximum extent possible.” We understand that you can’t predict the location of the projects, but if we do not compete on 10% of the projects is that acceptable? 20%? 50%? What is the break point?

Answer: 1. No, an “off ramp” situation is rare and not due to only working in a few areas. 2. There is not a defined breakpoint, especially for specializing in an area.

16. Page 29, Factor 4 Geographic – If a firm submits the 3 projects on Form A in 3 different regions, does that get extra points?

What if Joe 1 has projects in 3 different regions? Joe 2 has projects in two other regions? Between Joe 1 and Joe 2 they cover all 5 regions – does that score more points?

Answer: There are not extra points in Form A, which is for Factor 1, for different regions. Factor 4 and Form E are the only time geographic regions matter.

17. Page 28, Factor 4 Geographic – If Form A has projects in 3 different geographic regions, do we list those same 3 projects on Form E? Or do we list different projects on Form E?

Answer: This is up to the proposer.

18. We did not participate in the Pre-Proposal Conference, could we still submit a Proposal?

Answer: Attendance at the Pre-proposal Conference was not mandatory for submission.

19. I noticed most of the proposals says you have to have experience in working in 2 of the 5 regions.

Not sure what this means or what are the 5 regions? I know the Heartland is region 6. So is this talking about any region outside of 6. Please specific.

Answer: Currently Region 6: Heartland Region has five “sub” regions, which are defined in the Solicitation. Those five “sub” regions define what GSA means by working in 2 of the 5 regions.

20. Please confirm that we should provide a Master type Subcontracting Plan (noted on page 4, item

I.B.8 and page 6, Item II.A.6 in the Solicitation) and not an Individual Subcontracting Plan. Question 8 of Amendment #2 indicates to use $6m for the “subcontracting plan and goals”;

leading us to believe we should be filling out an Individual Subcontracting Plan and not a Master Subcontracting Plan, which conflicts with our original understanding from the solicitation.

Answer: A Master Subcontracting Plan is required; however, please also price out a hypothetical project at $6 Mill for the individual pieces.

21. Is GSA considering HUBZone companies?

Answer: GSA is accepting proposals for all types of companies, please look at the various Factors to see if you qualify.

22. Is there something we need to fill out first in order to be place on the bidder's list?

Answer: There is no bidder’s list associated with this opportunity. A more expansive description of the contracting opportunity and the requirements for the submission of a Technical Proposal, Price Proposal, and associated documentation are described within the Solicitation, Agreement, and Solicitation Amendments. Submission of these documents are due by May 29, 2020.

Issue 1 on Amendment 3: Solicitation VI.F. Non-Price Factors Factor 4 has been clarified.

Issue 2 on Amendment 3: Agreement III. A. FAR 52.236-1 changed from 10% to 12%.

Sol. Reference No. 47PG0220R0003

Document: C101/AUGUST 2019 (The Agreement)

Multiple Award Indefinite Delivery Indefinite Quantity (IDIQ) Task

Order Contract for Construction Services for the states of Iowa, Kansas, Missouri, and Nebraska (GSA, PBS Region 6)

THE AGREEMENT

Table of Contents

I. Project Information A. Project Summary B. The Contract C. Contract Duration, Limits and Amounts D. Period Of Performance E. Work Conditions/Site Requirements F. Authorized Representatives G. Contract Liquidated Damages Rate H. Buy American Exceptions

II. Prices

A. Basis of Pricing B. Contract Price Form

III. Terms and Conditions

A. Contractor Responsibilities B. Contractor Management and Personnel C. Project Schedule D. Extensions of Time E. Interpretation of Specifications and Drawings F. Submittals G. Substantial Completion and Task Order Completion H. Use and Possession Prior to Substantial Completion I. Omitted J. Finality of Contract Modifications K. Liquidated Damages L. Insurance Requirements M. Order of Precedence N. Task Orders O. Omitted P. Administrative Matters Q. Non-Compliance with Contract Requirements R. Green Product Requirement S. Additional Terms and Conditions T. Safeguarding Sensitive Data and Information Technology Resources U. Key Sustainable Products (KSP’s)

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

I. Project Information

I.A. Project Summary

This is a Multiple Award Indefinite Delivery Indefinite Quantity (IDIQ) Task Order Contract for Construction Services. The scope of work performed under the task orders will primarily consist of construction, repair and alteration, and tenant finish projects for the GSA and other government agencies in occupied federally owned or leased buildings. The typical task orders may include interior and exterior finishes, landscaping, civil, mechanical, plumbing, electrical, structural, fire safety, elevators, environmental, and roofing.

I.B. The Contract

(1) The Contract consists of the SF1442, the Agreement, the Statement of Work, Specifications, Drawings, Exhibits, Amendments, Modifications, and other Attachments identified herein (collectively, the Contract Documents). The Contract contains the entire agreement of the Parties, and no prior written or oral agreement, express or implied, shall be admissible to contradict or modify any part of the Contract.

(2) For each task order, the Contractor shall provide and pay for all labor, materials, equipment, tools, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution of the work described in and reasonably inferable from the task order Documents (the Work), whether temporary or permanent. In consideration for, and upon condition of, the Contractor's completion of the Work, GSA will pay the Contractor the price or prices established in the task order, Section II, subject to the terms and conditions set forth in this Contract (Base IDIQ Contract). Award of task orders will be on a firm fixed price basis. The task orders will consist of (but not limited to) the Task Order SF1442, the Task Order Agreement, the Task Order Statement of Work, Task Order Specifications, Task Order Drawings, Task Order Exhibits, Task Order Amendments, Task Order Modifications, and other Task Order Attachments identified at a later date.

(3) The work will primarily consist of, but is not limited to: construction, repair and alteration, and tenant finish projects for the GSA and other government agencies in occupied federally owned or leased buildings. Typical task orders may include, but are not limited to: interior and exterior finishes, landscaping, civil, mechanical, plumbing, electrical, and structural, fire safety, elevators, environmental, and roofing components/systems. The Government reserves the right to perform, or have performed by others, any services required within the region.

I.C. Contract Duration, Limits and Amounts

(1) Term of Contract. The Base IDIQ Contract will be for period of one year from the date of contract award. Task orders may be placed under this contract from date of award through the expiration date of the Contract.

(2) Optional Contract Periods.

GSAR 552.217-71 Notice Regarding Option(s) (Nov 1992)

The General Services Administration (GSA) has included an option to extend the term of this contract in order to demonstrate the value it places on quality performance by providing a mechanism for continuing a contractual relationship with a successful Offeror that performs at a level which meets or exceeds GSA’s quality performance expectations as communicated to the Contractor, in writing, by the Contracting Officer or designated representative. When deciding whether to exercise the option, the Contracting Officer will consider the quality of the Contractor’s past performance under this contract in accordance with 48 CFR 517.207.

In accordance with GSAR 517.203, solicitations that include an option to extend should inform Offeror that the contract could result in a long term contractual relationship subject to both of the following conditions: Continuing need by GSA, and level of contract performance that at least meets GSA’s quality performance expectations.

The Government reserves the unilateral right to exercise the options to extend the term of the Contract. This Contract contains options that allow the government to extend the Base IDIQ Contract for four (4) one-year option periods.

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

The Government may extend the term of this contract by written notice to the contractor within the term of the contract; provided that the Government gives the contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires.

The preliminary notice does not commit the Government to an extension. If the Government exercises this option, the extended contract shall be considered to include this option clause. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(3) Task Order Limitations. The majority of task orders are anticipated to range in value between $250,000 and $4,000,000; however, contractors are not obligated to accept task orders below $250,000 under the general terms of the Contract.

(4) Minimum Guarantee. The Government makes no representation as to the number of task orders or actual amount of work to be ordered; however, there is a minimum of $1,000 guaranteed to each awardee over the duration of the Base IDIQ Contract period. In the event a firm receives awards of less than this guaranteed minimum, the Government will reimburse the Contractor, upon request, the difference between the actual obligation and the guaranteed minimum. In order to be considered for payment the invoice request must be submitted within the first quarter during the first option year. However, if a contractor fails to submit competitive proposals on a reasonable number of task order opportunities (as determined by the GSA at their sole discretion), the contractor waives its right to the minimum guarantee.

(5) Maximum Limitation. The maximum value (total of the base and all optional periods) of each contract awarded as a result of this solicitation is $100,000,000. Refer to section IV.A.3 FAR 52.216-19 (Order Limitations) which specifies task order limitations.

I.D. Period of Performance

(1) Commencement. The Contractor shall commence performance of the Work in accordance with each individual task order.

(2) Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, in accordance with each individual task order.

(3) Contract/Task Order Completion. Unless otherwise indicated in each individual task order, the Contractor shall achieve task order Completion, as the term is defined in this Agreement, within 60 calendar days of Substantial Completion. Contract Completion occurs when all task orders issued are complete and all monies are paid to the contractor.

I.E. Work Conditions/Site Requirements

Each individual task order will specify the work conditions and/or site requirements

I.F. Authorized Representatives

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

Authorized Representative Information:

Contracting Officer’s Information

Name: Maria R. Doedtman

Address: 2300 Main Street, Kansas City, MO 64108

Telephone: 816-807-5871

Email: maria.doedtman@gsa.gov

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

I.G. Contract Liquidated Damages Rate

In accordance with the “Liquidated Damages” clause in Section III (Terms and Conditions), liquidated damages shall be calculated at the rate specified in each task order.

I.H. Buy American Exceptions

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

Additional exceptions may be listed in individual task orders.

II. Prices

II.A. Basis of Pricing

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

mailto:maria.doedtman@gsa.gov

(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 task order 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 task order 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 task order 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 in the task order, the Option Price shall include all costs of coordinating and incorporating the Option-priced portion of the Work into the base task order Work. An adjustment to the task order price for such additional work shall be computed solely on the basis of the Option price or prices set forth in the task order. Unless otherwise specified, all options may be exercised within 90 days of task order award.

(5) Maximum Bid Rates. Maximum bid rates may be set at a task order level (e.g., overhead, profit, daily rates for time-related costs), such rates shall be deemed to include all costs consistent with the requirements, definitions, and exclusions applicable to the task order, 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

Contractor

CLIN DISCIPLINE HOURLY RATE

Base Year

1 Construction Executive (CEX)

2 Planner/Estimator

3 Quality Control Manager

4 Project Manager

5 Site Superintendent

6 Safety & Health Officer

Option Year 1

7 Construction Executive (CEX)

8 Planner/Estimator

9 Quality Control Manager

10 Project Manager

11 Site Superintendent

12 Safety & Health Officer

Option Year 2

13 Construction Executive (CEX)

14 Planner/Estimator

15 Quality Control Manager

16 Project Manager

17 Site Superintendent

18 Safety & Health Officer

Option Year 3

19 Construction Executive (CEX)

20 Planner/Estimator

21 Quality Control Manager

22 Project Manager

23 Site Superintendent

24 Safety & Health Officer

Option Year 4

25 Construction Executive (CEX)

26 Planner/Estimator

27 Quality Control Manager

28 Project Manager

29 Site Superintendent

30 Safety & Health Officer

III. Terms and Conditions

The requirements set forth in this Agreement are baseline requirements. Task orders may include additional requirements to address individual project needs. Refer to the task order for project specific requirements.

III.A. Contractor Responsibilities

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

(1) For the purposes of FAR 52.236-1, Performance of Work by the Contractor, the Contractor shall perform at least twelve (12) percent of the Work.

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

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

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

(4) The Contractor shall be responsible for providing professional design services unless task order Method 1 is used or this responsibility is expressly excluded from the Contract Documents. 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 Base IDIQ Contract.

(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.

(6) 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.

(7) Where installation of separate Work components as shown in the task order Documents will result in conflict or interference between such components or with existing conditions, including allowable tolerances, it is the Contractor's responsibility to bring such conflict or interference to the attention of the Contracting Officer and seek direction before fabrication, construction, or installation of any affected work. If the Contractor fabricates, constructs, or installs any work prior to receiving such direction, the Contractor shall be responsible for all cost and time incurred to resolve or mitigate such conflict or interference.

(8) Where drawings show work without specific routing, dimensions, locations, or position relative to other work or existing conditions, and such information is not specifically defined by reference to specifications or other information supplied in the task order Documents, the Contractor is responsible for routing, dimensioning, and locating such work in coordination with other work or existing conditions in a manner consistent with task order requirements.

(9) It is not the Contractor's responsibility to ensure that the task order Documents comply with applicable laws, statutes, building codes, and regulations. If it comes to the attention of the Contractor that any of the task order Documents do not comply with such requirements, the Contractor shall promptly notify the Contracting Officer in writing. If the Contractor performs any of the Work prior to notifying and receiving direction from the Contracting Officer, the Contractor shall assume full responsibility for correction of such work, and any fees or penalties that may be assessed for non-compliance.

(10) The Contractor shall immediately bring to the Contracting Officer's attention any hazardous materials or conditions not disclosed in the Contract Documents discovered by or made known to the Contractor during the performance of the Contract.

(11) The Contractor must submit a safety plan before commencing work. In accordance with FAR 52.236-13, Accident Prevention ALT I, the Contractor is responsible for safety on the Project site and must submit a safety plan before commencing work.

(12) The Contractor assumes the risk of, and shall be responsible for, any loss, damage, destruction, or theft of Government property upon its delivery to the Contractor as Government-furnished property. However, the Contractor is not responsible for reasonable wear and tear to Government property or for Government property properly consumed in performing this Contract.

(13) The Contractor’s principal tasks may include, but are not limited to: field verification and site investigations, required testing, design services, reviewing designs, preparing cost estimates, reviewing cost estimates, providing schedules, keeping records, reporting on progress, resolving problems, conducting value engineering exercises, performing constructability reviews, submittals, coordination of all documents and requirements, promptly reporting to the Contracting Officer any ambiguities or discrepancies found in the project requirements or documents, coordination of all activities, coordination of all meetings, construction, maintaining daily logs, weekly and monthly reports, administration of all subcontracts, administration and execution of quality control plan, commissioning, performing administrative collection of sustainable design and construction-related materials and processes, construction waste recycling receipts, and other services as defined in the Contract Documents.

(14) The Contractor will conduct or assist in conducting weekly construction progress meetings.

The Contractor may be required to keep and distribute meeting minutes. The progress meetings should be held at or near the construction site.

(15) The Contractor shall be responsible for maintaining satisfactory standards of employee conduct, competency, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to their employees or subcontractor’s employees as may be necessary. The Contractor is responsible for ensuring that their employees and subcontractor’s employees do not disturb papers on desks, open desk drawers or cabinets, or use Government telephones or any government equipment, (office tools, supplies, and/or materials), except as authorized by the Contracting Officers Representative or Contracting Officer.

(16) The Contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of this contract and shall hold the Government harmless for any action or inaction on the Contractor’s part or that of his employees or subcontractors which result in illness, injury, or death. See project specific safety and health requirements in each task order.

(17) The Contractor shall comply with all applicable environmental protection requirements including all federal, state, and local laws, regulations, and standards. All environmental protection matters shall be coordinated with the ordering official. Inspection of any of the facilities operated by the contractor or work sites at which the contractor is performing work under an individual task order may be accomplished by the ordering official or his/her designated representative on a no-notice basis during normal working hours. In the event that a regulatory agency assesses a monetary fine against the Government for violations caused by Contractor negligence, the contractor shall reimburse the Government for the amount of that fine and other costs. The Contractor shall also clean up any oil and environmentally hazardous spills which result from the Contractor’s operations.

(18) The Contractor is required to have access to the Internet. All project managers or points of contact for the prime Contractor are required to have individual e-mail addresses, accessible through the Internet.

(19) The Contractor agrees that all electronic and hard copy drawings, files, photographs, renderings, blueprints, specifications, and/or other materials generated within the contract shall belong at all times to the Government and the Government reserves the right to modify and/or distribute said electronic and hard copies.

(20) The Contractor will review submittals to verify installation and use of energy-, water-, and resource-efficient systems and equipment, sustainable construction materials including renewable, bio-based content (EPA- and USDA-designated items), recyclable and recycled-content materials; materials that contribute to responsible indoor environmental quality practices; site work strategies, and demolition including recycling, salvage and reuse;

environmental remediation; the recycling process/disposal of construction waste.

(21) Enterprise electronic Project Management (e-PM) system Contractor shall utilize an e-PM system on task orders resulting from this contract. GSA’s goal is to implement this state-of-the art technology to reduce administrative and overhead costs, eliminate redundancies, and institute a collaboration tool to ensure better accountability among all project team members. This technology will provide up-to-date information, encourage disciplined methods for monitoring progress, ensure better communication regarding changes, provide improved documentation, and enable PBS executives to have real-time access to status of projects.

(22) e-PM Project Documentation

If e-PM is used on the task order, the Contractor will be required to timely and accurately post, review, respond, and collaborate with other team members. The following features and/or workflow processes may be used within the ePM system:

Project Team Directory – Contractor will provide an updated directory of contact information for all companies, subcontractors and project team members who are engaged on this project.

Schedules – Contractor will post, review, and/or respond to CPM schedule updates within the ePM system.

Meeting Minutes – Contractor will enter meeting agendas, records and minutes in the system for all applicable meetings as designated by the GSA PM.

Project Correspondence – Contractor will manage and maintain all incoming and outgoing correspondence and associated logs for all correspondence related to the project.

Budget and Cost Management – Contractor to provide estimates and work breakdown structure (WBS) to provide GSA with accurate budget/cost analysis.

Contract Management – Contractor to provide administration of all contract tasks related to the project.

Pay Applications Requests (Invoices) – Contractor will upload invoices and all supporting information to the system for review by GSA.

Progress Photos – Contractor will upload all progress photos into the system.

Permits & Approvals – Contractor will upload and maintain current copies of all permits and agency approvals that relate to the project.

Design Drawings/Design Packages – Contractor will submit design drawings and design packages into the system.

Design Review Comments – Contractor will post and/or respond to design comments related to his/her role in the project team

Daily/Progress Reports – The Contractor identified in e-PM will maintain construction progress reports, daily reports/logs, and documentation of inspections.

Inspection Reports – Maintain inspection reports on materials and/or workmanship to assure compliance with all construction requirements.

Safety/Injury Reports – Maintain reports on construction contractors' compliance with current safety regulations and standards.

Punchlists – Maintain list(s) of observed defects and omissions.

Request For Information (RFI) – The system will manage the RFI process and all Request for Information shall be entered by the Contractor within the e-PM system.

Issue Tracking – Contractor to log and respond to issues that are related and affect other stakeholders within the project team.

Submittals – The system will manage the submittals and the Contractor is responsible for uploading submittal documentation and using the system to track the submittal process.

Change Management – Cost Events and Change Orders will be managed by the e-PM system and the Contractor is responsible for reporting potential changes and logging Requests for Change Orders in the system. The Contractor will also upload and manage all documentation supporting Requested Change Orders.

Shop Drawings – The Contractor will submit all shop drawings in the system for review by GSA (and the CM where applicable).

As-built Drawings and Specifications – The Contractor will use the system to record all approved specifications as well as all as-built construction documents.

GSA reserves the right to require the Contractor to upload other documentation not mentioned above that is needed to support the project.

(23) e-PM Equipment and Training

The e-PM system is maintained and operated at the GSA PBS Enterprise Service Center in Chantilly, VA. Users will be provided a username and password after they have completed the HSPD-12 process. Users are able to have a waiver requested as soon as they have submitted their fingerprints as part of their NACI clearance application which can expedite the process of getting an ePM account. Additionally, users must complete a user request form and sign the rules of behavior as another requirement for access. Only one account per person, the account cannot be shared.

GSA will provide guidance concerning training sessions to familiarize team members with the system. All Contractor staff is expected to attend GSA sponsored training on the system’s use.

GSA does offer online training once the basic introductory training is completed. The training, training facilities, and training materials will be provided by GSA. All other costs associated with equipment and training is the responsibility of the Contractor. Furthermore, all Contractor team members who are actively participating on projects utilizing e-PM must have access to the proper computer equipment and software to access and utilize the e-PM system and be trained in the proper usage of said equipment and software. All workstations require a high-bandwidth Internet connection.

(24) e-PM Document Security

Electronic design and construction documents stored in the e-PM system contain various levels of sensitive but unclassified (SBU) information, as defined by PBS Order 3490.2. The ability of the GSA to provide for the safety and security of persons and property under its charge and control is a major concern of the GSA. Security procedures are necessary to reduce the risk that project information will be used for dangerous and/or illegal purposes. Most email systems and FTP sites do not meet the necessary security requirements for the transmission of electronic SBU information, therefore the e-PM system will be the only acceptable means for electronically transferring SBU project information. Physical transfer of information is still acceptable.

(25) e-PM Personnel Requirements

The Contractor will be required to have an adequate number of people who can complete the HSPD-12 background check process to have rights to log into the e-PM system.

(26) e-PM Data Ownership

GSA shall retain ownership of all data entered into the e-PM system and shall administer and distribute all information contained therein.

(27) Sustainability

GSA recognizes that it has a responsibility to increase the sustainability of the Federal government by reducing the environmental impact of its buildings, products, and services, as well as its processes and activities in its goal to achieve a Net Zero Environmental Footprint.

Executive Order 13514, Federal Leadership in Environmental, Energy, and Economic Performance, requires Federal agencies to ensure that new construction, major renovations, and repairs and alterations of Federal buildings comply with the Guiding Principles for Federal Leadership in High Performance and Sustainable Buildings. In its Strategic Sustainability Performance Plan, GSA requires the incorporation of the Guiding Principles into 100% of its design, construction, renovation, repair and alteration project requirements and contract solicitations. The Guiding Principles include: I. Employ Integrated Design Principles; II. Optimize Energy Performance; III. Protect and Conserve Water; IV. Enhance Indoor Environmental Quality; and V. Reduce the Environmental Impact of Building Materials. For more information, go to: http://www.gsa.gov/portal/content/101230.

III.B. Contractor Management and Personnel

FAR 52.236-6, Superintendence by the Contractor, is supplemented as follows:

(1) The Contractor shall employ sufficient management and contract administration resources, including personnel responsible for project management, field superintendence, change order administration, estimating, coordination, inspection, and quality control, to ensure the proper execution and timely completion of the Work. The Contractor shall designate a principal of the firm or other senior management official to provide executive oversight and problem resolution resources to the Project for the life of the Contract.

(2) The Contractor shall employ, and require its subcontractors to employ, qualified personnel to perform the Work. The Government reserves the right to exclude, or remove from the site or building, any personnel for reasons of incompetence, carelessness, or insubordination, who violate rules and regulations concerning conduct on federal property, or whose continued employment on the site is otherwise deemed by the Government to be contrary to the public interest.

(3) Repeated failure or excessive delay by the Contractor to provide qualified personnel shall be deemed a default for the purposes of the Termination for Default clause.

III.C. Project Schedule

(1) Unless otherwise specified in the individual task orders, the Contractor shall use a Critical Path Method ("CPM") Project Schedule to plan, coordinate, and perform the Work of each task.

The Project Schedule shall be produced using widely used, commercially available computer software that is capable of generating and monitoring a CPM schedule and is compatible with Meridian Proliance.® For example, compatible software includes Microsoft Project,® Primavera SureTrak,® and Primavera Project Planner.®

(2) The Project Schedule shall be a rational, reasonable and realistic plan for completing the Work, and conform to requirements specified in this clause and elsewhere in this Contract and any task order.

http://www.gsa.gov/portal/content/101230

(3) The Contractor understands and acknowledges that the preparation and proper management of the Project Schedule is a material component of the Work, and that the task order price includes all costs of compliance with Project Schedule requirements.

(4) The Project Schedule shall depict all activities necessary to complete the Work, including, as applicable, all submittal and submittal review activities, all procurement activities, and all field activities, including mobilization, construction, start-up, testing, balancing, commissioning, and punchlist. Activities shall be sufficiently detailed and limited in duration to enable proper planning and coordination of the Work, effective evaluation of the reasonableness and realism of the Project Schedule, accurate monitoring of progress, and reliable analysis of schedule impacts.

(5) Within thirty (30) days of NTP, or such other time as may be specified herein, the Contractor shall submit its Project Schedule to the Contracting Officer, together with a written narrative describing the major work activities, activities on the critical path, and major constraints underlying the sequence and logic of the Project Schedule. The Contractor shall submit the Project Schedule in both electronic and hardcopy print format.

(6) The Contractor should anticipate that its initial submittal of the Project Schedule shall be subject to review and revision as contemplated by Paragraph (11) of this clause, and the Contractor shall devote sufficient resources for meetings, revisions, and resubmissions of the Project Schedule to address exceptions taken by the Contracting Officer to the initial submittal.

The Contractor understands and acknowledges that the purpose of the initial review and resolution of exceptions is to maximize the usefulness of the Project Schedule for the Parties during task order performance.

(7) Activity durations shall be based upon reasonable and realistic allocation of the resources required to complete each activity, given physical and logistical constraints on the performance of the Work. All logic shall validly reflect physical or logistical constraints on relationships between activities. Except for the first and last activities in the Project Schedule, each activity shall have at least one predecessor and one successor relationship to form a logically connected network plan from NTP to the task order Completion date.

(8) The Project Schedule shall incorporate milestone events specified in the task order, including, as applicable, NTP, Substantial Completion, and milestones related to specified work phases and site restrictions. The Project Schedule shall also include Contractor-defined milestones to identify target dates for critical events, based upon the Contractor's chosen sequence of work.

(9) Unless a shorter period for updates is specified elsewhere, the Contractor shall update the Project Schedule monthly to reflect its actual progress in completing the Work, and submit the updated Project Schedule to the Contracting Officer within five working days of the end of each month or other specified period.

(10) If the Contractor revises the Project Schedule after initial submission, the Contractor shall provide in writing to the Contracting Officer a narrative describing the substance of the revision, the rationale for the revision, and the impact of the revision on the projected Substantial Completion date and the available float for all activities.