FGO_46_SSA_carpet_and_paint_Total_small_business_18_Solicitation.pdf

GSA Solicitation No. 47PJ0018Q0069

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Simplified Acquisition Construction Contract for the paint and carpet project in the SSA office at the Fargo FB/PO in Fargo, ND.

The Agreement

Table of Contents

I. Project Information A. Project Summary B. The Contract C. Period of Performance D. Work Conditions/Site Requirements E. Authorized Representative F. Contract Liquidated Damages Rate G. Buy American Exceptions H. Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments

II. Prices A. Basis of Pricing

III. Terms and Conditions

A. Commencement, Prosecution, and Completion of Work B. Contractor Responsibilities C. Contractor Management and Personnel D. Material and Workmanship E. Project Schedule F. Extensions of Time G. Interpretation of Specifications and Drawings H. Submittals I. Government’s Right to Stop Work for Non-Compliance J. Other Contracts K. Substantial Completion and Contract Completion L. Use and Possession Prior to Substantial Completion M. Equitable Adjustments N. Finality of Contract Modifications O. Liquidated Damages P. Insurance Requirements Q. Administrative Matters R. Safeguarding Sensitive Data and Information Technology Resources S. Additional Terms and Conditions

IV. Contract Clauses

A. Clauses Incorporated in Full Text B. Clauses Incorporated by Reference

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I. Project Information

I.A. Project Summary

The intent of this project is to carpet and paint the SSA office in the Fargo FB/PO.

I.B. The Contract

(1) The Contract consists of the SF 1442, the Agreement, the Statement of Work, Specifications, Drawings, Exhibits, Amendments, Modifications, and other Attachments identified herein (collectively, the Contract Documents). The Contract contains the entire agreement of the Parties, and no prior written or oral agreement, express or implied, shall be admissible to contradict or modify any part of the Contract.

(2) Unless otherwise specified, 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 Contract Documents (the Work), whether temporary or permanent. In consideration for, and upon condition of, the Contractor's completion of the Work, GSA shall pay the Contractor the price or prices established in Section II, subject to the terms and conditions set forth in this Contract.

I.C. Period of Performance

(1) Commencement. The Contractor shall commence performance of the Work within 15 days after the Contractor receives the Notice to Proceed (NTP).

(2) Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, no later than 140 calendar days from issuance of Notice to Proceed (NTP).

(3) Contract Completion. The Contractor shall achieve Contract Completion, as the term is defined in this Agreement, within 10 calendar days of Substantial Completion.

I.D. Work Conditions/Site Requirements

Interior work

I.E. Authorized Representative

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

Name: Cody Lee Address: 657 2nd Ave N Fargo ND 58102 Telephone: 701-566-6124 Email: cody.lee@gsa.gov

(2) Authorities and Limitations

(a) All rights, responsibilities and authorities of GSA under this Contract are vested in the Contracting Officer. The Contracting Officer may delegate these rights, responsibilities, and

Pages 6 of 57 authorities to other GSA representatives. Such delegations shall be effective and binding only if communicated in writing to the Contractor, and subject to any limitations specified therein.

(b) The Contractor shall perform the Contract in accordance with any order (including but not limited to instruction, direction, interpretation, or determination) issued by the Contracting Officer or other representative to whom the Contracting Officer has delegated authority. The Contractor assumes all the risk and consequences of performing work in accordance with an order issued by a person lacking authority to issue such order.

I.F. Contract Liquidated Damages Rate

In accordance with “Liquidated Damages” clause in Section III (Terms and Conditions), liquidated damages shall be calculated at the rate of $ per calendar day.

I.G. Buy American Exceptions

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

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

The following documents are incorporated by reference into this Contract.

(1) Statement of Work for Solicitation, 47PJ0018Q0069, 2018

(2) Construction Drawings for Solicitation, 47PJ0018Q0069, 2018

(3) Wage Determination ND21, 06/01/2018

CONSTRUCTION SCOPE OF WORK

U.S. GENERAL SERVICES ADMINISTRATION, ROCKY MOUNTAIN REGION 8

Date: 8/16/2018 Revision:

Section 1: Project Title

Social Security Administration

Section 2: Project Location, Building Name, & Building Number

Social Security Office 657 2nd Avenue North, Fargo, ND, 58102

Section 3: Contact List

Contracting Officer (CO) Development Project Manager

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Name: Cody Lee Email: cody.lee@gsa.gov Phone (C): 701.566.6124

Property Manager Name: Dave Busching Email: david.busching@gsa.gov Phone (C): 701.212.5723

Name:

Email:

Phone (C):

Delivery Project Manager Name: Louis Benson Email: louis.benson@gsa.gov Phone (C): 415.770.5127

Section 4: Project Background & Project Description GSA is initiating a project to remove and replace the carpet and to repaint the Social Security Office of Fargo North Dakota.

Section 5: Project Objectives (Itemized description of the specific project requirements and deliverables) The contractor shall provide labor, materials, equipment and supervision necessary to perform:

1) Please regard plans showing area of work.

2) All walls shall receive two coats of paint.

3) All door frames shall receive two coats of paint.

4) Ceiling shall receive two coats of paint. Painting ceilings are in bathrooms only. Approx. 235 sqft.

5) Contractor shall prep walls and ceiling as necessary for completion of work. This includes priming, cleaning, and patching as necessary. Prep work shall be performed to meet or exceed manufacturer’s requirements.

6) Contractor shall remove existing base and carpet and provide and install new carpet and base.

a. Contractor shall provide an extra 10% of carpet

b. New carpet will replace all existing carpet in the following rooms. Open office/File room, Training Room, Multipurpose Room, DM office, and the ADM Office.

c. Floor shall be prepped after removal of existing carpeting per manufacturer’s recommendation.

7) All products must be low VOC and SDS

a. Provide submittal to GSA for approval.

8) Contractor shall provide a minimum of three (3) color boards with carpet and paint samples for

GSA and SSA review and approval. Contractor shall meet with SSA and GSA onsite to view existing furniture colors and determine local office expectations for carpet and paint colors before color boards are provided.

9) All removed or excess materials and rubbish shall be removed daily and legally disposed of off-site.

10) Contractor shall provide protection for Government property during project. This may include but is not limited to tarps, canvass or other materials.

11) Contractor will be responsible for relocating and moving back all furniture

a. SSA/Government will relocate all electronic equipment.

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12) Contractor must work with GSA and SSA to develop a phasing plan, showing areas that will be performed at the same time. This is required to allow Government to move employees and electronic equipment.

Section 6: Proposal Pricing & Site Walk

1) Pre-proposal Site Visit Meeting:

a) The site visit shall consist of a meeting to review construction requirements followed by a walk-thru of the project site. The meeting shall be attended by the contractor and GSA project personnel, and appropriate sub-contractors.

b) Review existing conditions of the project area including any field verification.

c) Review the solicitation/evaluation requirements.

2) Cost Proposal Requirements:

a) When submitting a proposal, provide a cost breakdown for each task into the following categories: Materials, equipment, labor hours, subcontractor's quotes, overhead, profit, and bond.

Section 7: Period of Performance

Once notice to proceed has been issued, the contractor has 90 calendar days to complete the project. The contractor must also promptly begin the badging process at the time of award. Please allow a minimum of

30 days to complete the badging process. Extensions will be granted for unforeseen conditions and other factors outside of the contractor’s control at the Contracting Officer’s discretion.

Section 8: Universal Scope Requirements

ALL of the requirements in this section are MANDATORY for ALL GSA projects

See the attached Universal Scope Requirements document for the full details outlining each item

Failure to comply with any and all of the requirements will result in the project not being accepted as complete

REQUIREMENTS for ALL Projects (Construction, Design & Design/Build)

a. Safety and Health Program

b. Asbestos Containing Materials. To comply with federal and state regulations as well as GSA policy, an asbestos pre-alteration assessment is required for all construction projects as outlined in Section B of the Universal Scope Requirements.

c. Lead Containing Paint / Lead Based Paint

d. Accessibility

e. Green Purchasing

f. Construction Indoor Air Quality (IAQ) Management Plan

g. Construction Waste Diversion

REQUIREMENTS for ALL projects IF APPLICABLE (Remove if not needed AFTER consulting with

OFM and/or other appropriate groups)

h. Excavation Permit

i. Utility Locates

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j. gBuild

k. Historic Compliance

l. Commissioning (for all new AHUs or all new building system equipment)

m. GSA IT Network

n. Building Monitoring and Control Systems (BMC)

o. Advanced Metering System

p. Sustainable Environmental Management System (SEMS)

Typical Project Document References

Rebates

The Contractor shall pursue any and all utility rebate and incentive programs and any government grant or incentive programs at the local, state, and federal level. Contractor is responsible for researching, submitting, and ensuring collection of all applicable rebates. Rebate opportunities must be explored for all elements of the project including but not limited to resource-saving equipment, materials, design & services (Commissioning/Recommissioning and other strategies & processes). Submit all rebate checks to:

General Services Administration Attn: Ron Burnett 1961 Stout Street Suite 01-107 Denver, CO 80294

For assistance with the rebate process please contact Doug Baughman, Regional Rebate Coordinator doug.baughman@gsa.gov (303) 941-1306

Section 9: Submittals

1) Contractor shall submit a Method of Procedures (MOP) to the GSA Delivery Project Manager (PM) for approval prior to commencement of work. At a minimum, the MOP shall include:

a) Brief narrative describing method of accomplishment, construction techniques, etc

b) Project schedule (to include critical path, major milestones, long lead time items, mob & de-mob, inspection dates, substantial completion, and occupancy dates)

c) Service/Utility Outages (if necessary)

d) Phasing schedule (if necessary)

e) Any building infrastructure/BAS equipment that may be impacted

2) Pre-alteration assessment report

3) Manufacturer's specifications, instructions and material specification sheets in original form

4) Submittal register/ log for all products specified to establish a standard of quality to include.

Submittal register response by the government shall be (14) calendar days or less.

5) If product samples are not submitted in a timely fashion, any delays caused by the contractor will not warrant a time extension. After completion of all work, the Contractor shall submit to the project manager the manufacturer's specifications, instructions and material specification sheets in original form. Additionally, the Contractor shall submit all inventory changes (removals, additions, upgrades, etc., and new condition codes) to the COR.

6) Submittal response by the government shall be (14) calendar days or less.

7) Items that need to be submitted include but aren’t limited to

a) Safety Data Sheets for adhesives and paints.

https://maps.google.com/?q=1961+Stout+StreetSuite+01&entry=gmail&source=g https://maps.google.com/?q=1961+Stout+StreetSuite+01&entry=gmail&source=g mailto:doug.baughman@gsa.gov tel:(303)%20941-1306

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b) Three color boards containing different colors and samples for paints, base, and carpet.

c) Documentation indicating that all products are low VOC

d) Phasing plan

i. Contractor shall provide project schedule at least two weeks before work begins.

Schedule shall include start date and end date of each phase. Any changes in schedule shall require a minimum one week notice to SSA/GSA for approval. All schedules shall be coordinated and approved by Government.

Section 10: General Requirements

1) Contractor Use of the Premises

a) During the period of the project, the contractor will have access to the site only during business hours of 7:00 am - 5:00 pm. No on-site work shall be performed outside these hours or on holidays unless otherwise directed by the Contracting Officer. The contractor will need to coordinate with the Contracting Officer to arrange access to the parking lot. The contractor shall make every effort to cause a minimum of damage to parking lots, any other paved areas, any items that need to be moved during the course of the project, and any areas not included in this scope of work. Any damage caused will be repaired at the contractor’s expense.

2) Progress Meetings

a) The contractor shall schedule bi-weekly meetings with the GSA and subcontractors.

The contractor shall keep meeting minutes and distribute copies at the following meetings. The meeting agenda will include the following as a minimum: Approval of previous meeting, review of work progress, field observations, problems and decisions, identification of problems which impede planned progress, review of submittals schedule and status of submittals, maintenance of progress schedules, planned progress during the succeeding work period.

3) Equipment The contractor shall provide all equipment associated with the entire project, operate in a safe manner and adhere to all OSHA and GSA standards.

4) Equipment and Material Storage The contractor shall provide and store all equipment, the materials specified above, and any other materials required completing the project. The materials are required to be kept clean and dry throughout the duration of the project. Contractor to coordinate with building manager for location of storage sheds.

5) Sanitary Facilities Provide and maintain temporary toilet facilities in accordance with State Health Department and GSA requirements.

6) Electricity, Water, and Gas GSA will pay for electricity, water, and gas during the course of this project. The contractor is responsible for making connections to the existing systems. Temporary electrical work shall meet the requirements of NFPA 70-1996 (NEC), Article 305. When temporary connections are removed, restore existing utility services to their original condition.

7) Contractor’s Field Office The contractor may provide an office for their own use. Size, location, and construction shall be subject to approval.

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8) Fire Watch Contractor shall be responsible for providing fire watch if required per attached GSA fire watch guidelines.

9) Fire Alarm Impairment and Hot Work When a fire suppression or alarm system impairment is required, contractor shall provide written outage request to GSA for approval in advance of impairing any systems. Contractor shall be responsible for having a GSA approved NICET certified fire alarm contractor perform all system impairments. During fire alarm/suppression impairments or hot work procedures, contractor shall provide a fire watch per the GSA Regional Fire Watch Guidelines.

10) Protection of Public The building site will continue to be used by tenants. The contractor shall fence, barricade, or otherwise block off the immediate work area to prevent unauthorized entry. The contractor shall illuminate barricades and obstructions at night and maintain safe building access and egress for tenants.

11) Housekeeping The project site shall be kept in a neat, orderly, and safe condition at all times. The contractor shall provide enough containers for collecting construction debris and construction materials to be recycled. The contractor shall wet down dry materials and rubbish to prevent blowing dust and keep volatile wastes in covered containers.

12) Transportation and Deliveries The contractor shall arrange deliveries of materials in accordance with construction schedules;

coordinate with COR to avoid conflict with other tenants and other work conditions at the site.

Contractor must make GSA PM & CO aware of any lead times that may affect the project schedule.

13) Cleaning Before scheduling the final inspection, the Contractor shall accomplish six items: (1) Remove all tools, equipment, surplus material, and rubbish; (2) Restore or refinish, to original condition, surfaces that are damaged due to the work of this contract; (3) Remove grease, dirt, stains, foreign materials, and labels from finished surfaces; (4) Thoroughly clean building interiors; (5) Pickup all construction debris from the site; and (6) At time of final inspection, project shall be thoroughly cleaned and ready for use.

14) Disruptive Work All painting, staining, or other activity which may cause noxious or undesirable fumes and/ or any noisy work that may be disruptive to the tenants/ public must be performed after normal working hours. The use of paint or stain that does not generate odors is preferred and may be required if the space will be occupied the following day with prior written approval from GSA.

Section 11: Badging & Security

1) Contractor is responsible to follow GSA’s security and badging requirements as detailed in the attached Badging & Security Requirements (Vendor Fitness Determination Training Manual).

2) US Access shared enrollment centers can be found at fedidcard.gov. Travel distances to the nearest center should be accounted for during the badging process.

Section 12: Payments

1) Information regarding payment requests and payment is in the solicitation/ contract. Please contact the CO if you have any questions regarding payments.

http://fedidcard.gov/

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Section 13: Substantial Completion & Final Inspection

1) When project, or designated portion of project is complete, request a final inspection. Upon receipt of request that project is substantially complete, the Contracting Officer will proceed with the inspection within ten days of receipt of request or will advise the contractor of items that prevent the project from being designated substantially complete.

2) Red-lined drawings and CAD and/or BIM as-built drawings, and field training for Operations and Maintenance (O&M) personnel shall be provided at completion of project. Maintain one complete set of contract drawings. Clearly mark changes, deletions, and additions using GSA CAD Standards to show actual construction conditions. Show additions in red, deletions in green, and special instructions in blue print. Provide to GSA within timeframe negotiated at time of award.

3) The contractor shall provide O&M manuals. The O&M manuals shall contain the following:

o Executed Warranties (at project completion) o Maintenance and operation manuals

Section 14: Attachments

1) Universal Scope requirements

2) Badging & Security requirements

3) Building drawings, etc

General Decision Number: ND180021 06/01/2018 ND21

Superseded General Decision Number: ND20170021

State: North Dakota

Construction Type: Building

County: Cass County in North Dakota.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January

1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year

2018. The EO minimum wage rate will be adjusted annually.

Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date

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0 01/05/2018

1 01/12/2018

2 05/04/2018

3 06/01/2018

BOIL0647-006 03/01/2018

Rates Fringes

BOILERMAKER......................$ 37.22 27.14

BRND0001-002 05/01/2017

BRICKLAYER.......................$ 29.21 19.34

ELEC1426-004 12/01/2017

ELECTRICIAN (Excludes Low

Voltage Wiring)..................$ 30.50 12.71

* IRON0512-006 05/01/2018

IRONWORKER, STRUCTURAL...........$ 32.05 27.85

* PLAS0633-001 05/01/2018

CEMENT MASON/CONCRETE FINISHER...$ 30.33 14.90

PLUM0300-016 05/29/2017

PIPEFITTER.......................$ 35.54 13.82

PLUMBER..........................$ 35.54 13.82

SFND0669-002 04/01/2017

SPRINKLER FITTER (Fire

Sprinklers)......................$ 32.87 16.99

SHEE9010-002 06/09/2014

SHEET METAL WORKER (HVAC Duct

Installation Only)...............$ 26.45 13.95

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SUND2012-002 08/18/2014

CARPENTER (Drywall

Finishing/Taping Only)...........$ 21.22 7.11

CARPENTER, Excludes Drywall

Finishing/Taping, Drywall

Hanging, and Metal Stud

Installation.....................$ 19.24 4.89

DRYWALL HANGER AND METAL STUD

INSTALLER........................$ 21.36 0.00

ELECTRICIAN (Low Voltage

Wiring Only).....................$ 21.14 5.73

INSULATOR - MECHANICAL

(Duct, Pipe & Mechanical

System Insulation)...............$ 15.80 2.60

LABORER: Common or General......$ 13.05 2.92

LABORER: Mason Tender - Brick...$ 15.32 0.00

LABORER: Mason Tender -

Cement/Concrete..................$ 14.54 3.41

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 26.00 3.82

OPERATOR: Crane.................$ 26.18 9.39

OPERATOR: Forklift..............$ 23.06 15.47

OPERATOR: Loader................$ 23.75 0.00

PAINTER (Brush and Roller).......$ 21.86 8.41

ROOFER...........................$ 16.37 2.84

SHEET METAL WORKER, Excludes

HVAC Duct Installation...........$ 27.27 7.76

TRUCK DRIVER: Dump Truck........$ 19.81 5.42

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this

Pages 15 of 57 contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate

(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or

"UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average

Pages 16 of 57 rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010

08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour

Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the

Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the

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Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator

(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator

U.S. Department of Labor

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

U.S. Department of Labor

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

II. Prices

II.A. Basis of Pricing

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

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

(3) Unit Prices and Allowances. If any portion of the Work is to be performed on a unit price basis, the Unit Price shall include all costs of coordinating and incorporating the unit-priced portion of the Work into the Base Contract Work. The Contractor shall only be obligated to

Pages 18 of 57 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.

II.B. Contract Price Form

Please use SF1442 for offer.

III. Terms and Conditions

III.A. Commencement, Prosecution, and Completion of Work

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

III.B. Contractor Responsibilities

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

(2) The Contractor shall be responsible for providing professional design services in connection with performance of the Work or portions of the Work only if this responsibility is expressly stated and the Contract Documents provide the performance and design criteria that such services will be required to satisfy. In the performance of such work, the Contractor shall be responsible for retaining licensed design professionals, who shall sign and seal all drawings, calculations, specifications and other submittals that the licensed professional prepares. The Contractor shall be responsible for, and GSA shall be entitled to rely upon, the adequacy and completeness of all professional design services provided under this Contract.

(3) 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.

(4) Where installation of separate Work components as shown in the Contract 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.

(5) 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

Pages 19 of 57 reference to specifications or other information supplied in the Contract 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 Contract requirements.

(6) 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.

(7) 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

(8) The Contractor must submit a safety plan before commencing work.

(9) It is not the Contractor's responsibility to ensure that the Contract Documents comply with applicable laws, statutes, building codes, and regulations. If it comes to the attention of the Contractor that any of the Contract 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 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.

III.C. Contractor Management and Personnel

(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.D. Material and Workmanship

All equipment, material, and articles incorporated into the Work shall be new and of the most suitable grade for the purpose intended, unless otherwise specified in this Contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number shall be regarded as establishing a standard of quality and performance and shall not be construed as limiting competition.

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Unless specifically directed by the Contracting Officer, the Contractor may use any equipment, material, article, or process that is equal to that named in the specifications, so long as it is of comparable quality and meets specified characteristics, or, if no such characteristics are specified, the relevant performance characteristics of the specified item.

III.E. Project Schedule

(1) The Contractor shall use a Project Schedule to plan, coordinate, and perform the Work.

The Project Schedule shall show all critical milestones in a MS Word or Excel format.

(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.

(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 Contract price includes all costs of compliance with Project Schedule requirements.

(4) The Project Schedule shall depict all major activities necessary to complete the Work.

(5) Prior to NTP, the Contractor shall submit its Project Schedule to the Contracting Officer.

The Contractor shall submit the Project Schedule in both electronic and hardcopy print format.

(6) 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 and be linked to the tasks that drive those milestones.

(7) 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 Completion date.

(8) If at any time the Contracting Officer finds that the Project Schedule does not comply with any Contract requirement, the Contractor shall, upon written notice of exceptions taken by the Contracting Officer, revise the Project Schedule, adjust activity progress, or provide sufficient information demonstrating compliance. Regardless of whether the Contracting Officer takes any such exception, the Contractor shall not be relieved of its responsibility for the rationality, reasonableness or realism of the Project Schedule,

(9) If the Contractor fails to sufficiently address the Contracting Officer's exceptions to the Project Schedule within thirty (30) calendar days of written notice of same, the Contracting Officer may withhold retainage until the Project is Substantially Complete or until such time as the Contractor has complied with Project Schedule requirements.

(10) The Contracting Officer shall be entitled, but not required, to rely upon the Project Schedule to evaluate the Contractor's progress, evaluate entitlement to extensions of time.

III.F. Extensions of Time

(1) If the Contractor requests an extension of time, the request must be submitted to the Contracting Officer in writing, and set forth facts and analysis in sufficient detail to enable the Contracting Officer to evaluate the Contractor's entitlement to an extension of time.

(2) The Contractor shall only be entitled to an extension of time to the extent that Substantial Completion of the Work is delayed by causes for which the Contractor is not responsible under this Contract and to the extent that the actual or projected Substantial Completion date is later than the date required by this Contract for Substantial Completion.

III.G. Interpretation of Specifications and Drawings

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(1) The specifications and drawings shall be interpreted to complement each other.

Requirements set forth in the specifications and not shown on the drawings, or shown on the drawings and not set forth in the specifications, shall be of like effect as if shown or set forth in both.

(2) Different requirements within the Contract Documents shall be deemed inconsistent only if compliance with both cannot be achieved.

(3) If a requirement set forth in one location is more restrictive than that set forth elsewhere in the Contract Documents, requirements set forth in specifications shall govern over requirements set forth in drawings; otherwise, the more restrictive shall govern.

(4) In case of inconsistent requirements within the drawings, the following order of precedence shall apply:

(a) Requirements indicated in large-scale drawings shall govern over inconsistent requirements indicated in small-scale drawings.

(b) Requirements indicated in schedules shall govern over inconsistent information shown in drawings.

(5) Unless otherwise noted, the drawings shall be interpreted to provide for a complete construction, assembly, or installation of the Work, without regard to the detail with which material components are shown in the drawings.

(6) If any inconsistency within the drawings or specifications cannot be reconciled by reference to this clause, the Contractor shall promptly request a determination from the Contracting Officer as to which requirement shall govern. Election by the Contractor to follow either requirement without a determination from the Contracting Officer shall be at the Contractor's risk; should the Contracting Officer subsequently determine that the requirement not followed by the Contractor governs, the Contractor shall be responsible for all cost and time required to comply with the Contracting Officer's determination.

III.H. Submittals

If required, the Contractor shall prepare and submit to the Contracting Officer shop drawings, samples, calculations, product information, mockups, and other submittals (collectively, "submittals") demonstrating compliance with Contract requirements for all Work components as specified elsewhere in this Contract. If particular submittal requirements are not specified for a component of the Work, the Contractor shall prepare submittals for such Work as directed by the Contracting Officer.

(1) Prior to submission, the Contractor shall review all submittals for accuracy, completeness, compliance with Contract requirements, and coordination between different trades and subcontractors. The Contractor shall indicate its approval on all submittals as evidence of such review and coordination. Submittals submitted to the Contracting Officer without evidence of the Contractor’s approval may be rejected without further review.

(2) The Contractor shall not proceed with work or procure products or materials described or shown in submittals until the Contracting Officer has indicated approval of the submittal. If the Contracting Officer disapproves of a submittal, the Contractor shall be entitled to an explanation of the reasons for disapproval. Any work or activity undertaken prior to approval shall be at the Contractor’s risk; should the Contracting Officer subsequently determine that the work or activity does not comply with the Contract, the Contractor shall be responsible for all cost and time required to comply with the Contracting Officer's determination. The Contracting Officer shall have the right to order the Contractor to cease execution of work for which submittals have not

Pages 22 of 57 been approved. The Government shall not be liable for any cost or delay incurred by the Contractor attributable to the proper exercise of this right.

(3) Approval by the Contracting Officer of any submittal required under this Contract shall not relieve the Contractor from responsibility for any errors or omissions in such submittals, or from responsibility for complying with the requirements of this Contract, except with respect to variations described and approved as changes in accordance with the following Paragraph (5).

(4) The Contractor shall be entitled to rely upon approval of submittals containing variations from the requirements of the Contract as a change to the Contract only if the Contractor separately requests approval of the variation at the time of submission and the Contracting Officer has approved the request for variation. Such requests shall fully describe the substance of the variation reflected in the Contractor's submittal. This provision shall not be interpreted as limiting the right of the Government to treat non-conforming work as a change where the Contractor has failed to request a variation in accordance with this paragraph.

(5) The Contractor shall be entitled to receive notice of action on submittals within a reasonable time, given the volume or complexity of the submittals and the criticality of the affected activities to Substantial Completion. The Contractor shall not be entitled to receive notice of action on submittals containing variations from Contract requirements in less than twenty working days.

III.I. Government’s Right to Stop Work for Non-Compliance

If the Contractor, after receiving written notice from the Contracting Officer of non-compliance with any requirement of this Contract, fails to promptly initiate action to achieve compliance within a reasonable time, the Contracting Officer shall have the right to order the Contractor to stop work under the Contract until the Contractor has complied. The Contractor shall 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. Possession of this right by the Contracting Officer shall not relieve the Contractor of its obligation to comply with the Contract, regardless of whether this right is exercised.

III.J. Other Contracts

The Government may enter into other contracts to be performed at the Project site including, but not limited to, construction management services. The Contractor shall not impede site access for these other contractors and shall notify GSA immediately if the activities of other contractors interfere with performance of the Contract.

III.K. Substantial Completion and Contract Completion

(1) "Substantial Completion" means the stage in the progress of the work as determined and certified by the Contracting Officer in writing to the Contractor, on which the work (or a portion designated by the Government) is sufficiently complete and satisfactory. Substantial completion means that the property may be occupied or used for the purpose for which it is intended, and only minor items such as touch-up, adjustments, and minor replacements or installations remain to be completed or corrected which do not interfere with the intended occupancy or utilization of the work.

(2) The "date of substantial completion" means the date determined by the Contracting Officer or authorized Government representative as of which substantial completion of the work has been achieved.

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(3) The Contract is complete (Contract Completion) when the Contractor has completed all Work and related Contract obligations, corrected all deficiencies and all punch list items, and complied with all conditions for final payment.

(4) Unless otherwise specifically noted, or otherwise clear from context, all references in this Contract to "acceptance" shall refer to issuance of a written determination of Substantial Completion.

(5) The Contractor shall not be entitled to final payment or release of any retainage held by the Government until after Contract Completion. If the Contractor does not achieve Contract Completion within the time required by this Contract, the Government shall be entitled, after providing notice to the Contractor, to complete any work remaining unfinished. The Contractor shall be liable to the Government for all costs incurred by the Government to complete such work.

III.L. Use and Possession Prior to Substantial Completion

Upon notice by the Contracting Officer, the Government shall have the right to take possession of, use, or operate with Government employees or other contractors, any completed or partially completed part of the Work prior to Substantial Completion. Exercise by the Government of the right shall not relieve the Contractor of responsibility for completing any unfinished components of the Work.

III.M. Equitable Adjustments

FAR 52.243-5, Changes and Changed Conditions clause is supplemented as follows:

At the written request of the Contracting Officer, the Contractor shall submit a proposal, in accordance with the requirements set forth herein, for an equitable adjustment to the contract for changes or other conditions that may entitle a…