4_SPD_F&O_DB_IDIQ_-_Agreement_20190621.pdf

Sol. Reference No. 47PH0119R0001 GSA Contract No: TBD

Document: DB101/APRIL 2019 (The Agreement)

SPD Full & Open Design-Build/Construction Multiple Award IDIQ

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

II. Prices

A. Basis of Pricing B. Contract Price Form

III. Terms and Conditions

A. Contractor Responsibilities B. Project Schedule C. Submittals D. Finality of Contract Modifications E. Liquidated Damages F. Insurance Requirements G. Order of Precedence H. Administrative Matters I. Non-Compliance with Contract Requirements J. Safeguarding Sensitive Data and Information Technology Resources K. Options and Allowances L. Equal Employment Opportunity Plan M. Additional Terms and Conditions

(1) Contract Services

(2) Contract Type

(3) Contracting Authority

(4) Task order Requirements

(5) Task Order RFPs

(6) Task Order Pricing

(7) Task Order Award

(8) Post Task Order Award Coordination

(9) Task Order Execution

(10) Contract Experience

(11) Unsatisfactory Personnel

(12) Contractor Performance Evaluations

(13) Performance and Payment Bonds for Task Orders

(14) Construction Wage Rate Requirements

(15) Labor and Payroll Records

(16) Changes to Key Personnel

(17) Occupying Agency Secuirty Requirements

(18) Travel

(19) As-Build Drawings

(20) Adherence Established Standards

(21) Contractor Response for Warranty Calls

(22) Sustainable Construction

(23) Flow Down of Terms

(24) Additional Awards

(25) GSAR 552.236-74, Evaluation of Options

(26) GSAR 552.236-77, Government’s Right to Exercise Options

IV. Contract Clauses A. Clauses Incorporated in Full Text

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

(DEVIATION)

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

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

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

(5) GSAR 552.211-10 Commencement, Prosecution and Completion of Work (Mar

2019)

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

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

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

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

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

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

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

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

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

(15) GSAR 552.236-72 Submittals (Mar 2019)

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

(Sep 99)

(17) Buy American Requirements

(18) Additional Clauses

i. GSAR 552.216-74, GSA Task-Order and Delivery-Order Ombudsman.

ii. FAR 52.216-18, Ordering

iii. FAR 52.216-19, Order Limitations

iv. FAR 52.216-22, Indefinite Quantity

v. FAR 52.217-8, Option to Extend Services

vi. FAR 52.217-9, Option to Extend the Term of the Contract

vii. GSAR 552.236-70 Authori+ties and Limitations (Mar 2019)

viii. GSAR 552.236-73 Subcontracts (Apr 1984)

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

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

(20) Project Labor Agreement

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

B. Clauses Incorporated by Reference C. Subcontract Requirements

I. Project Information

I.A. Project Summary

(1) This is a firm fixed price, Multiple Award, Indefinite Delivery/Indefinite Quantity (IDIQ) contract for Construction and Design-Build Construction Services to support the Special Programs Division (SPD) within the General Services Administration (GSA) Public Buildings Service (PBS) Office of Design and Construction (ODC). Construction and Design-Build services consist of interior and exterior building construction, and repair and alterations, including but not limited to electrical, carpentry, masonry, plumbing, mechanical, architectural, landscaping, storm drainage, exterior renovations, and construction or demolition services. Also included, but not limited to, earthwork, pavement repair, construction and other miscellaneous civil work.

(2) This Multiple Award IDIQ shall only be for projects/programs managed and/or contracted through the SPD Program Office.

(3) The Contract does not include pre-negotiated line item pricing. Each task order will be competed among the awardees using criteria established by at the task order level.

(4) The contract performance area includes federally owned and leased facilities throughout the contiguous United States (CONUS). CONUS includes the connected forty-eight (48) states plus the District of Columbia; it does not include Alaska, Hawaii or any U.S. territories. The Government shall endeavor to utilize this Contract to the maximum practical extent for services within this area. However, the Government reserves the right to perform, or have performed by others, any services required within the Contract Performance Area, and doing so shall not breach or otherwise violate this contract.

(5) A separate Small Business Multiple Award Construction/Design-Build IDIQ will be established to cover the states of Arizona, New Mexico and Texas. The government intends to utilize the Small Business Multiple Award IDIQ for task orders contained within the three states and estimated below $5,000,000; however, the government reserves the right to issue task orders as determined to be in the best interest of the government.

I.B. The Contract

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

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

I.C. Contract Duration, Limits and Amounts

(1) Term of Contract. The Contract will be for a period of one (1) base year and will include four (4) one-year options. Options will be exercised at the discretion of the government in accordance with FAR 17.2 and Clause 52.217-9.

(2) Extension of Services. The Government may require continued performance within the limits specified in the Contract. An extension of services up to six (6) months may be accomplished in accordance with Clause 52.217-8.

(3) Maximum Limitation. The Maximum Ordering Limitation (MOL) under this contract will be in the amount of $125,000,000 per 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 guarantee of $1,000 guaranteed to each awardee. The guaranteed minimum is for the base year only. There is no guaranteed minimum for each of the four (4) one-year option periods (if exercised by the Government). If the Contractor receives a task order exceeding the minimum guarantee value during the base year, a unilateral modification will be issued to de-obligate the minimum guarantee from the base contract. If the Contractor does not receive a task order prior to the end of the base period, the Contractor may submit an invoice for the minimum guaranteed amount immediately following the expiration of the base year provided the contractor fully complied with the requirements of the Contract.

I.D. Period of Performance

(1) Commencement. The Contractor shall commence performance of the Work within ten (10) days after the Contractor receives the Notice to Proceed (NTP) for each task order unless otherwise specified in the task order requirements. If the task order includes design work, the Contractor shall commence performance of the Design Phase Services within ten (10) days after the Contractor receives the NTP.

(2) Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, no later than * calendar days from issuance of NTP for each task order.

*NOTE: Substantial Completion can vary from task order to task order.

(3) Contract Completion. The Contractor shall achieve Contract Completion, as the term is defined in this Agreement, within sixty (60) calendar days of task order Substantial Completion unless otherwise specified in the task order requirements.

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: Camille Lev Address: 819 Taylor St., Fort Worth, TX 76102 Telephone: 817-978-0439 Email: camill.lev@gsa.gov

(2) For 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 of $* per calendar day.

*NOTE: Liquidated Damages, if applicable, will be established at the task order level

I.H. Buy American Exceptions

For the applicable Buy American clause and any exceptions, see Section IV of this Agreement, GSAR 552.236-70.

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

The following documents are incorporated by reference into this Contract.

(1) Solicitation 47PH0119R0001 sections I.E., II.F., III.G., and IV

(2) This Agreement

(3) Standard Form 1442

(4) Approved Subcontracting Plan (other than small business only)

II. Prices

II.A. Basis of Pricing

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

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

mailto:camill.lev@gsa.gov

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

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

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

II.B. Contract Price Form

The pricing form from the sample project will not be incorporated into the contract. Each task order will have its own unique pricing structure tailored to the task order requirement.

III. Terms and Conditions

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 ten (10%) 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), the time specified in Section I (Project Information), “Period of Performance” clause, or the task order agreement clauses. If the Contract specifies different completion dates for different phases or portions of the Work, the Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of such phases or portions of the Work within the times specified.

III.B. Project Schedule

(1) Within ten (10) calendar days after NTP, unless otherwise stated in the task order, the Contractor shall develop and provide a detailed schedule in widely used, commercially available software such as Microsoft Project and Primavera P6 for all tasks and submissions required. If the task order includes design, the schedule shall include all Design Stage activities leading up to and including the final design development submission(s).

III.C. Submittals

FAR 52.236-21, Specifications and Drawings for Construction, and GSAR 552.236-723, Submittals located in Section IV.A. of the Agreement are supplemented as follows:

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

III.D. Finality of Contract Modifications

As set forth elsewhere in this Contract, the Contractor is entitled to additional consideration under certain conditions, including the issuance of change orders. It is the Contractor's duty to include in proposals for equitable adjustment or other consideration all compensation to which it may be entitled, including cost and time. Unless otherwise explicitly stated in a modification to the Contract providing such consideration, adjustments to the Contract price or time agreed upon therein shall be deemed to provide all compensation to which the Contractor is entitled, and shall constitute final settlement of the Contractor's entitlement to compensation on account of the change or other condition giving rise to the modification.

III.E. Liquidated Damages

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

III.F. Insurance Requirements

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

(a) Workers' compensation insurance in the amount required by the jurisdiction in which the Contract is performed. The Contractor shall obtain Employers' liability coverage of at least $2,000,000.

If occupational diseases are not covered by workers' compensation insurance, Employers' liability coverage shall include occupational diseases.

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

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

(2) The Contractor shall require that the licensed design professionals it retains for the Project acquire and maintain professional liability insurance in the amount of $5,000,000 per claim and shall provide proof to the Contracting Officer.

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

III.G. Order of Precedence

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

(1) Section IV of the Agreement

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

(3) IDIQ Specifications and other Attachments

(4) Task Order Clauses (within the Task Order Agreement)

(5) Other Provisions of the Task Order Agreement (within the Task Order Agreement)

(6) The Statement of Work (Task Order)

(7) The Specifications (Task Order)

(8) The Drawings (Task Order)

(9) Exhibits and Other Attachments (Task Order)

III.H. Administrative Matters

The following applies to this Contract and any Task Order issued as a result of this Contract unless otherwise specified in Task Order requirements.

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

(2) Schedule of Values. In addition to any other requirements set forth in the Task Order requirements (e.g., cost loaded schedule) the Contractor shall prepare and submit for approval a Schedule of Values, which shall be derived from the cost loaded schedule. The Contractor may bundle individual cost loaded schedule activities to simplify major work activities. The Contractor shall establish a separate value for bonds, mobilization, insurance, and as otherwise approved by the Contracting Officer. The Schedule of Values must contain sufficient detail to enable the Contracting Officer to evaluate applications for payment.

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

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

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

(c) Invoices must include the Account Document Number (ADN) assigned at award:

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

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

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

(iv) Additional documentation:

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

(a) Progress Payments: 14 days

(b) Subsequent Subcontractor Payments: 7 days

(5) Payment Information. The General Services Administration (GSA) makes information on contract payments available electronically at http://www.finance.gsa.gov. The Contractor may register at the site and review its record of payments. This site provides information only on payments made by GSA, not by other agencies.

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

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

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

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

See Section IV, Contract Clauses, GSAR 552.204-9.

(7) Safeguarding and Dissemination of Sensitive But Unclassified (SBU) Building Information. This clause applies to all recipients of SBU building information, including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers and manufacturers.

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

(b) Authorized recipients.

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

(i) Building information designated SBU must be protected with access strictly controlled and limited to those individuals having a legitimate business need to know such information. Those with a need to know may include Federal, State and local government entities, and nongovernment entities engaged in the conduct of business on behalf of or with GSA. Nongovernment entities may include architects, engineers, consultants, contractors, subcontractors, suppliers, utilities, and others submitting an offer or bid to GSA, or performing work under a GSA contract or subcontract. Recipient contractors must be registered as “active” in the System for Award Management (SAM) database at www.sam.gov and have a legitimate business need to know such information. If a subcontractor is not registered in the SAM and has a need to possess SBU building information, the subcontractor shall provide to the contractor its DUNS number or its tax ID number and a copy of its business license. The contractor shall keep this information related to the subcontractor for the duration of the contract and subcontract.

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

c. Dissemination of SBU building information:

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

(ii) By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include, but are not limited to CDs, DVDs, and USB drives. Nonelectronic forms of SBU building information include paper documents, among other formats.

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

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

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

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

f. Destroying SBU building information. When no longer needed, SBU building information must be destroyed so that marked information is rendered unreadable and incapable of being restored, in accordance with guidelines provided for media sanitization within GSA CIO IT Security 06-32, Media Sanitization Guide and Appendix A of NIST Special Publication 800-88, Guidelines for Media Sanitization. Alternatively, SBU building information may be returned to the CO.

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

h. Incidents. All improper disclosures of SBU building information must be immediately reported to the CO at <insert address and contact information> . If the contract provides for progress payments, the CO may withhold approval of progress payments until the contractor provides a corrective action plan explaining how the contractor will prevent future improper disclosures of SBU building information.

Progress payments may also be withheld for failure to comply with any provision in this clause until the contractor provides a corrective action plan explaining how the contractor will rectify any noncompliance and comply with the clause in the future.

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

III.I. Non-Compliance with Contract Requirements

In the event the Contractor, after receiving written notice from the Contracting Officer of non-compliance with any requirement of this Contract, fails to initiate promptly such action as may be appropriate to comply with the specified requirement within a reasonable period of time, the Contracting Officer shall have the right to order the Contractor to stop any or all work under the Contract until the Contractor has complied or has initiated such action as may be appropriate to comply within a reasonable period of time.

The Contractor will not be entitled to any extension of Contract time or payment for any costs incurred as a result of being ordered to stop work for such cause.

III.J. Safeguarding Sensitive Data and Information Technology Resources

In accordance with FAR 39.105, this section is included in the contract. This section applies to all users of sensitive data and information technology (IT) resources, including awardees, contractors, subcontractors, lessors, suppliers and manufacturers. The following GSA policies must be followed. These policies can be found at Directives Library.

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

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

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

Agency and Contractor Employees with Significant Security Responsibilities

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

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

Individuals with Disabilities

6. CIO 2106.1 GSA Social Media Policy

7. CIO 2107.1 Implementation of the Online Resource Reservation Software

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

9. CIO 2162.1 Digital Signatures

10. CIO P 2165.2 GSA Telecommunications Policy

11. CIO P 2180.1 GSA Rules of Behavior for Handling Personally Identifiable Information (Pll) http://www.gsa.gov/directives

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

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

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

15. CIO 2102 Information Technology (IT) Integration Policy

16. HCO 9297.1 GSA Data Release Policy

17. HCO 9297.2B GSA Information Breach Notification Policy

18. ADM P 9732.1 D Suitability and Personnel Security

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

III.K. Options and Allowances

The General Services Administration has included options to purchase additional quantities of services and to extend the term of this contract at the discretion of the Government. The term of the base IDIQ Contract shall include one (1) one-year base period and four (4) one-year option periods. Any options for individual Task Orders shall be stated in the Task Order.

III.L. Equal Employment Opportunity Plan (applies only to task orders over $25 Million)

(1) Within 30 days following award, the Contractor shall furnish the Contracting Officer with an EEO Compliance Plan. The plan shall include the following:

(a) Name of contractor’s EEO Manager for the contract and point of contact information.

The EEO Manager is responsible for:

(i) Monitor all employment-related activity to ensure that the Contractor’s equal employment policy is being carried out;

(ii) Submit reports as may be required by the Government; and

(iii) Keep records that shall at least include for each employee the name, address, telephone number, construction trade, union affiliation (if any), employee identification number, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, separate records are not required to be maintained.

(a) Address how the contractor intends to include the EEO provisions of the contract in all subcontracts in excess of $10,000.

(b) Address what type of efforts will be used to ensure equal employment opportunity in accordance with FAR 52.222-27 Affirmative Action Compliance Requirements for Construction.

Discuss organized meeting with subcontractors, labor organizations and/or other community stakeholders. Meetings should focus on increased employment opportunities, perceived problems and working to achieve the goals established. DOL representatives are available to participate in such meetings.

(2) During the performance of this contract, the Contractor shall submit to the Contracting Officer semi-annually an EEO Compliance Report containing the following:

(a) List of awarded subcontractors by trade, date of award and amount of subcontract. If subcontract is in excess of $10,000, date the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor was notified of award.

(b) Narrative of actions taken to comply with the affirmative action procedures in paragraphs (g)(1) through (g)(16) of FAR 52.222-27.

(c) List participation in any voluntary associations that may assist in fulfilling the contractor’s affirmative action obligations.

Semi-annual reports are due on the 30th calendar day (or next business day) following the March 31st and September 30th.

III.M. Additional Terms and Conditions

(1) Contract Services. Construction and design-build services consist of interior and exterior building construction, and repair and alterations, including but not limited to: electrical, carpentry, masonry, plumbing, mechanical, architectural, landscaping which is incidental to repair or alteration, storm drainage, exterior renovations, demolition services, earthwork, pavement repair, and other miscellaneous civil work. Abatement services which are incidental to repair and alteration projects are also included.

The work to be performed under the terms of this contract includes, but is not limited to: renovations, new construction, wall partition construction, modification and alteration of floor and wall mounted signal and power outlets to be included in the modification of associated conduit, surface mounted raceway, and various underfloor duct systems; installation of new and the alteration of existing power panels; carpet and carpet tile installation; painting; HVAC ductwork modification and repair; door, door frame, and door set hardware installation; communications cabling; grid ceiling and lighting installation and modification;

modification of existing building fire sprinkler systems; and other such related work which would be outlined in task order and job drawings. The design-build requirements of a project can include, but are not limited to, review and evaluation of the concept, design development and construction document submission for constructability, value engineering or alternate means and methods recommendations, identification of any problems or errors in the design documentation, consultation/coordination with GSA during construction document production, project schedule development, primary cost estimates during design development and construction documents, and development of subcontractor and supplier interest.

Abatement when incidental to construction can include asbestos, lead, mold, and polychlorinated biphenyls (PCB).

(2) Contract Type. This will be a firm-fixed price contract. All work to be acquired under the contract will be accomplished by the issuance of individual firm-fixed price task orders. The individual task orders to be placed under the contract can range in dollar value from approximately $2,000 up to $25,000,000.

Task order values will NOT be spread evenly across these ranges. These contract vehicles may be utilized by Contracting Officers procuring construction projects contracted and/or managed through the Special Programs Division.

(3) Contracting Authority. Task orders may be issued by any warranted GSA Contracting Officer with authority delegated by the Contracting Officer of the IDIQ.

(4) Task Order Requirements. Services will be required under these contracts on an as-needed basis. Task orders will be prepared based on defined statements of work for specific projects and issued as fixed-price task orders awarded to the contractor who provides the best value to the Government. The technical specifications, statements of work, drawings and other technical documents associated with each task order will be issued with the Request for Proposals (RFP). Each task order under this contract will be different and therefore specifications and requirements will be unique to each task order.

Historically, the average project has been between $1,000,000 and $10,000,000; however, projects can be less than $1,000,000 and occasionally less than $500,000. Historical spending does not predict future requirements.

(5) Task Order RFPs. GSA will issue a Task Order RFP for each project in accordance with FAR 16.505.

Task Order RFPs will identify the project delivery method to be used for each project. Typically each Task Order RFP will include a single project; however GSA reserves the right to combine projects into one Task Order RFP dependent upon site location and mission support requirements. Task Order RFPs will specify the evaluation method and basis of award for each task order. Each task order RFP may require a technical and price proposal or other submittals. Competition of task order RFPs will be exclusive to the IDIQ contracts awarded from Solicitation #47PH0118R0001. Task order proposals should be submitted in the format required in the task order RFP

The task order RFP will notify all contractors of the estimated magnitude of the project, using the ranges found in FAR 36.204.

"Active task order RFP participation" is defined as submitting a timely, good-faith competitive proposal for a reasonable number of task order RFPs issued per year for which a firm has sufficient bonding at the time the task order RFP is issued. If the Contractor does not actively participate in task order RFPs for reasons other than bonding and/or MOL, then (a) the Contractor waives its right to the minimum guarantee, (b) the Contractor acknowledges that it may contribute negatively to the contract performance evaluation, and (c) the base IDIQ Contracting Officer may determine that it is in the best interest of the Government to terminate the contract or to not exercise any remaining IDIQ option periods. The Contractor must send written notice to the task order Contracting Officer if they are not submitting a proposal to a task order RFP with an explanation of why they are not submitting a proposal. This written notice must be submitted within the number of business days specified in the task order RFP for proposal submittal. Not submitting this written notice may contribute negatively to the contract performance evaluation.

(6) Task Order Pricing. Proposals will be submitted with lump-sum pricing in the format requested at the task order level. The price will include labor, materials, travel, markups, indirect costs, profit, and overhead, and all other costs required to successfully accomplish the task order. Task order pricing should not include costs for unforeseen conditions or contingencies, but should be based upon the contractor’s determinations regarding general and local conditions which can affect the work per FAR 52.236-3, including but not limited to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, as well as from the drawings and specifications made a part of the contract and task order. Task order modifications can be negotiated to adjust for unforeseen site conditions, added work, or equitable adjustment. No person other than a warranted Contracting Officer can make changes to the terms of a task order.

(7) Task Order Award. Task orders will be issued on a GSA Form 300 and represent the Government’s acceptance of the contractor’s proposal. Orders may be placed via mail, e-mail, or other electronic commerce. A NTP for task orders under $35,000 may be issued upon award of the TO. For TOs valued at $35,000 through $150,000, a form of payment protection must be provided and accepted by the

Government (payment bond or irrevocable letter of credit) before an NTP can be issued. For TOs over $150,000, both performance and payment bonds must be received and accepted by the Government prior to issuance of the NTP. These dollar values are stated in 52.228-13 and 52.228-15, but may change over the life of the contract.

(8) Post Task Order Award Coordination. Coordination will be scheduled by GSA to begin immediately following task order award. Pre-construction conferences for each task order may be scheduled by the GSA project team. Attendance, in person, by the Contractor is expected unless otherwise noted in the task order requirements. Key subcontractors are encouraged to attend.

(9) Task Order Execution. The Contractor is responsible for executing each task order with all due diligence and timeliness. GSA has standard measurements for ‘on time’ project delivery. IDIQ contract holders are expected to complete task orders issued under this contract by the terms established in the base IDIQ contract and each task order. Any liquidated damages will be established at the task order level. See Section III.K. for details regarding liquidated damages.

(10) Contractor Experience. The Contractor is expected to have experience and expertise in all project delivery methods (per Section 1 above) included in this program. The Contractor bears all responsibility to deliver awarded task orders on time and at the required quality level specified in each individual task order.

(11) Unsatisfactory Personnel. Personnel whose performance is determined to be unacceptable may be subject to removal from a project or task order and shall be promptly replaced with qualified personnel upon request and approval from the task order Contracting Officer. Additionally, upon verbal or written notice to the contractor by the Contracting Officer, Contracting Officer’s Representative (COR) or Designated Ordering Official, any personnel that has been denied security clearance, shall be removed from assignment to a task order. The Contractor shall promptly replace any personnel removed with equally or more qualified personnel for the prescribed services to be provided under any task order, subject to the Contracting Officer, COR or Designated Ordering Official’s approval. All actions by the Government or the Contractor with regard to release of unqualified personnel shall be in writing.

(12) Contractor Performance Evaluations. The Contractor’s performance will be primarily evaluated at the task order level. Performance evaluations will be based on the expectations established in this Contract as well as the project deliverables and requirements identified in individual task orders.

Performance evaluations will be issued though the Contractor Performance Assessment Reporting System (CPARS). Projects delivered under this IDIQ contract are expected to achieve a minimum overall past performance assessment of at least a Level 3, “Satisfactory.”

(a) 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 Contractor Performance Assessment

(b) 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.

http://www.cpars.gov/

(c) 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.

(d) Contractor CPARS Training: Contractors may sign up for CPARS training. A schedule of classes will be posted to the CPARS training site (CPARS Training) and updated as needed.

(e) Contractor Representative (CR) Role: 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.

(13) Performance and Payment Bonds for Task Orders. Securities to guarantee faithful performance of the contract and to guarantee payment to all persons supplying labor or materials in the performance of the contract shall be required for each task order in the amount specified in FAR clause 52.228-13 [“Alternative Payment Protections (Jul 2000)”], or FAR clause 52.228-15 [“Performance and Payment Bonds - Construction (Oct 2010)”]. Clause 52.228-13 applies to orders which exceed $35,000, but do not exceed $150,000.00. Clause 52.228-15 shall apply applies to all orders expected to exceed $150,000.00.

Payment and/or performance bonds shall be submitted no later than ten (10) calendar days after task order award. The Contractor will be required to submit proof of payment for the bonds for individual task orders. The requirements for Performance and Payment Bonds for task order amounts may change over the life of the Contract.

(14) Construction Wage Rate Requirements. The Contractor will be required to pay their employees based on the Construction Wage Rate Requirements statute (formerly known as the Davis Bacon Act) for projects which fall under that statute. The applicable wage determination will be incorporated into each task order. Liability insurance must be maintained throughout the life of the contract and associated task orders; the required insurance levels are listed in Section III.F. At the task order level, payment and/or performance bonds and/or other financial security will be required for task orders meeting the values stated in FAR 52.228-13 or 52.228-15.

(15) Labor and Payroll Records. The Contractor is responsible for timely, complete and correct submission of required certified labor and payroll records for each task order. The Contractor is responsible for screening all subcontractor-furnished certified labor and payroll records prior to submitting to GSA.