47PJ0023R0069_Ice Core_GC_Agreement_March_2023.pdf

Sol. Reference No. 47PJ0023R0069 GSA Contract No. TBD

Construction Contract for: National Science Foundation (NSF) Ice Core Facility DBB

Project Name: DBB Ice Core Facility

National Science Foundation (NSF) Architecture & Engineering (A/E) Services for the New

Ice Core Facility

The Agreement

Document: C101/MARCH 2023 (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 Representatives 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 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. Requirements for GSA Information Systems K. Options and Allowances L. Additional Terms and Conditions

i. GSAR 552.236-74, Evaluation of Options (Mar 2019)

ii. GSAR 552.236-77, Government’s Right to Exercise Options (Mar 2019)

IV. Contract Clauses

Document: C101/MARCH 2023

A. Clauses Incorporated in Full Text

1. FAR 52.223-2 Affirmative Procurement of Biobased Products

Under Service and Construction Contracts (SEP 2013)

2. FAR 52.223-9 Estimate of Percentage of Recovered Material

Content for EPA-Designated Items (May 08)

3. GSAR 552.204-9 Personal Identity Verification Requirements

(JUL 2021)

4. FAR 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment (NOV 2021 52.232-40

5. Buy American Requirements

6. FAR 52.228-11, Pledges of Assets (DEVIATION APR 2020)

7. FAR 52.232-40, Providing Accelerated Payments to Small

Business Subcontractors (NOV 2021)(DEVIATION APR 2020)

8. Additional Clauses

i. FAR 52.222-30, Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method) (Aug 2018)

9. FAR 52.219-14 Limitations on Subcontracting (OCT 2022)

B. Clauses Incorporated by Reference C. Subcontract Requirements

Document: C101/MARCH 2023

I. Project Information

I.A. Project Summary

The National Science Foundation – Ice Core Facility (NSF-ICF) provides long term storage, processing, and examination of ice cores from the United States (U.S.) Arctic and Antarctic ice drilling operations. Due to the nature of how the ice cores were collected as well as the time frame in which they were collected, these ice cores are irreplaceable. Proper storage of these ice cores requires temperatures far below typical refrigeration systems to maintain their integrity for ongoing research. This project will deliver a new NSF-ICF freezer space, contained within Building 810 located at the Denver Federal Center. This project is intended to replace the existing NSF-ICF that was built in 1993 due to the aging equipment and needs for improved space use.

This acquisition is for the Design-Bid-Build (D-B-B) contract for the new construction of an Ice Core Facility in Building 810 at the Denver Federal Center in Lakewood, CO. Design services were procured in accordance with FAR Part 36.6.

The Ice Core Facility is composed of five primary functional programmatic elements: 1) Refrigerated Warehouse Spaces, 2) Refrigeration Equipment Space, 3) Shop/Storage Spaces, 4) Office and Support Spaces, and 5) Loading/Shipping Spaces. The project site is currently projected to be 19,058 sq.

ft. contained within Building 810. Construction will be in accordance with the GSA 2021 PBS P-100 baseline.

I.B. The Contract

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

(2) 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

Document: C101/MARCH 2023 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 within 10 days after the Contractor receives the Notice to Proceed (NTP).

(2) Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, no later than 669 calendar days from issuance of Notice to Proceed (NTP).

(3) Contract Completion. The Contractor shall achieve Contract Completion, as the term is defined in this Agreement, within 60 calendar days of Substantial Completion.

I.D. Work Conditions/Site Requirements

Please refer to the technical package

I.E. 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: Joseph Dorsey

Address: 1 Denver Federal Center, Lakewood, CO, Bldg 41, 80225

Telephone: (720) 431-0386

Email: Joseph.Dorsey@gsa.gov

Document: C101/MARCH 2023 (The Agreement) mailto:Joseph.Dorsey@gsa.gov

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

I.F. Contract Liquidated Damages Rate In accordance with GSAR 552.211-12, Liquidated Damages – Construction, in Section IV of this Agreement, liquidated damages shall be calculated at the rate of $3,351.53 per calendar day.

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

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 (Division 1 Spec) for GSA Contract No. TBD

(2) Specifications for GSA Contract No. TBD

(3) Construction Drawings for GSA Contract No. TBD

(4) Appendices

(5) Wage Determination, Dated 05/12/2023

(6) Small Business Subcontracting Plan

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.

Document: C101/MARCH 2023

(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

See Attachment B - Pricing Form

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 15 percent of the construction 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

Document: C101/MARCH 2023

Contractor shall provide a copy of the permits required for execution of the work to the Contracting Officer prior to commencement of any related work.

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

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

III.B. Project Schedule

GSAR 552.236-15, Schedules for Construction Contracts is supplemented as follows:

(1) Within 30 calendar days of notice to proceed, the Contractor shall develop and provide a detailed schedule in widely used, commercially available software such as Kahua, Microsoft Project and Primavera P6 for completion of all activities, tasks, and submissions required herein.

III.C. Submittals FAR 52.236-21, Specifications and Drawings for Construction, and GSAR 552.236-72, 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, 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 Document: C101/MARCH 2023 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.

Document: C101/MARCH 2023

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) The Statement of Work

(4) The Specifications

(5) The Drawings

(6) Exhibits and Other Attachments

III.H. Administrative Matters

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

(2) 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 electronically to the designated billing office specified in this Contract or in individual delivery/work. An electronic copy of the invoice shall be sent to the CO and COR as designated after award.

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

(c) The Contractor shall submit the following information or documentation with each invoice:

(i) 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: N/A Document: C101/MARCH 2023

(3) 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

(4) Payment Information. The General Services Administration (GSA) makes information on contract payments available electronically at Office of the Chief Financial Officer. 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.

(5) 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.

(6) Safeguarding and Dissemination of Controlled Unclassified Information (CUI) Building Information

This clause applies to all recipients of CUI building information (which falls within the CUI Physical Security category), including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers and manufacturers.

Marking CUI. Contractors must submit any contractor-generated documents that contain building information to GSA for review and identification of any CUI building information that may be included. In addition, any documents GSA identifies as containing CUI building information must be marked in accordance with the Order and the Marking Controlled Unclassified Information Handbook (the current version may be found at https://www.archives.gov/files/cui/20161206-cui-marking-handbook-v1-1.pdf) Document: C101/MARCH 2023 (The Agreement) https://finance.ocfo.gsa.gov/pii/piinotice.aspx?token=PI002 https://finance.ocfo.gsa.gov/pii/piinotice.aspx?token=PI002 http://www.gsa.gov/portal/category/107203 http://www.fedidcard.gov/centerlist.aspx https://www.archives.gov/files/cui/20161206-cui-marking-handbook-v1-1.pdf before the original or any copies are disseminated to any other parties. If CUI content is identified, the CO may direct the contractor, as specified elsewhere in this contract, to imprint or affix CUI document markings (CUI) to the original documents and all copies, before any dissemination, or authorized GSA employees may mark the documents.

1. Authorized recipients.

a. Building information designated as CUI must be protected with access strictly controlled and limited to those individuals having a Lawful Government Purpose to access such information, as defined in 32 C.F.R. § 2002.4(bb). Those with such a Lawful Government Purpose may include Federal, state and local government entities, and non-governmental entities engaged in the conduct of business on behalf of or with GSA. Non-governmental 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 Lawful Government Purpose to access such information. If a subcontractor is not registered in the SAM database and has a Lawful Government Purpose to possess CUI building information in furtherance of the contract, the subcontractor must provide to the contractor its DUNS number or its tax ID number and a copy of its business license. The contractor must keep this information related to the subcontractor for the duration of the contract and subcontract.

b. All GSA personnel and contractors must be provided CUI building information when needed for the performance of official Federal, state, and local government functions, such as for code compliance reviews and the issuance of building permits. Public safety entities such as fire and utility departments may have a Lawful Government Purpose to access CUI building information on a case-by-case basis. This clause must not prevent or encumber the necessary dissemination of CUI building information to public safety entities.

2. Dissemination of CUI building information:

a. By electronic transmission. Electronic transmission of CUI information outside of the GSA network must use session encryption (or alternatively, file encryption) consistent with National Institute of Standards and Technology (NIST) SP 800-

171. Encryption must be through an approved NIST algorithm with a valid

Document: C101/MARCH 2023 certification, such as Advanced Encryption Standard or Triple Data Encryption Standard, in accordance with Federal Information Processing Standards Publication 140-2, Security Requirements for Cryptographic Modules, as required by GSA policy.

b. By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include CDs, DVDs, and USB drives.

Nonelectronic forms of CUI building information include paper documents, photographs, and film, among other formats.

i. By mail. Contractors must only use methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt. CUI markings must not appear on the exterior of packages.

ii. In person. Contractors must provide CUI building information only to authorized recipients with a Lawful Government Purpose to access such information. Further information on authorized recipients is found in section 1 of this clause.

3. Record keeping. Contractors must maintain a list of all entities to which CUI 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 CUI has been disseminated; (2) the name of the individual at the entity or firm who is responsible for protecting the CUI building information, with access strictly controlled and limited to those individuals having a Lawful Government Purpose to access such information; (3) contact information for the named individual; and (4) a description of the CUI 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 suppliers, and submit them to the CO. For Federal buildings, final payment may be withheld until the lists are received.

4. Safeguarding CUI documents. CUI building information (both electronic and paper formats) must be stored within controlled environments that prevent unauthorized access. GSA contractors and subcontractors must not take CUI 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 Lawful Government Purpose for access.

Document: C101/MARCH 2023

5. Destroying CUI building information. When no longer needed, CUI building information must either be returned to the CO or destroyed in accordance with guidelines in NIST Special Publication 800-88, Guidelines for Media Sanitization.

6. Notice of disposal. The contractor must notify the CO that all CUI building information has been returned or destroyed by the contractor and its subcontractors or suppliers in accordance with paragraphs 4 and 5 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.

7. CUI security incidents. All improper disclosures or receipt of CUI building information must be immediately reported to the CO and the GSA Incident Response Team Center at gsa-ir@gsa.gov. 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 CUI 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.

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

[End of clause]

(7) Invoicing Instructions

Electronic Invoicing Instructions

To submit an invoice electronically, go to https://finance.ocfo.gsa.gov

- Accept the PII notice.

Click on “Click here to Login”.

- Accept the PII notice.

Enter your User Name and Password and click “login.”

Select “submit invoice”.

- Select “All POs”.

Document: C101/MARCH 2023 (The Agreement) mailto:gsa-ir@gsa.gov https://finance.ocfo.gsa.gov

- Find the ACT# or PDN# you are invoicing against and select it.

- A form will appear that you fill in with your invoice information.

PLEASE NOTE: YOU ARE REQUIRED TO ENTER ONLY ONE LINE ITEM ON

THE ELECTRONIC INVOICE. FOLLOW THE BELOW INSTRUCTIONS FOR

UPLOADING YOUR HARD COPY.

- Note: if you are resubmitting a rejected invoice, add an “R” or an “A” to the number. The system will not let you use an invoice number you have used previously.

- Fill in the information requested. All fields marked with an asterisk (*) are required fields.

PLEASE NOTE: ORDERS BEGINNING WITH “1B” ARE REQUIRED TO ENTER

“BEGIN DATE” AND “END DATE”.

- When complete, click “continue.” If you have made any errors, you will receive an error message. (Worth noting: invoice numbers should contain no dashes or spaces, dates are in mm/dd/yyyy format, money amounts have no $ signs or commas, only a decimal point.) Correct the error and click “continue” again.

You will have an opportunity to upload any backup material as one attachment after clicking “submit” on the next screen. Note: File name should be 8 characters + extension only, please do not use special characters such as ~!@#$%^&*( )+{ }][ |;'<>,.? or spaces. Attachments cannot be over 4 to 5 megabytes in size.

When you have successfully entered your invoice and received no error messages, please click “Submit” and you will receive a confirmation number.

- If you have questions please e-mail FW-CustomerSupport@gsa.gov .

- If your invoice has been submitted successfully, you will receive a confirmation number. Within 10 minutes you may go and view your invoice, select “View Invoice”, then “all unpaid invoices”. If you encounter difficulties, please send a screen shot when you receive an error message so the problem may be addressed.

III.I. Non-Compliance with Contract Requirements

Document: C101/MARCH 2023 (The Agreement) mailto:FW-CustomerSupport@gsa.gov

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. Requirements for GSA Information Systems

(a) CIO Coordination. The contracting officer shall ensure the requirements office has coordinated and identified possible CIO policy inclusions with the GSA IT prior to publication of a Statement of Work, or equivalent as well as the Security Considerations section of the acquisition plan to determine if the CIO policies apply. The CIO policies and GSA IT points of contact are available on the Acquisition Portal at https://insite.gsa.gov/itprocurement.

(b)GSA Requirements. For GSA procurements (contracts, actions, or orders) that may involve GSA Information Systems, excluding GSA’s government-wide contracts e.g. Federal Supply Schedules and Governmentwide Acquisition Contracts, the contracting officer shall incorporate the coordinated Statement of Work or equivalent including the applicable sections of the following policies into solicitations and contracts:

(1)CIO 09-48, IT Security Procedural Guide: Security and Privacy IT Acquisition Requirements; and

(2)CIO 12-2018, IT Policy Requirements Guide.

(c)Waivers.

(1)In cases where it is not effective in terms of cost or time or where it is unreasonably burdensome to include CIO 09-48, IT Security Procedural Guide:

Security and Privacy IT Acquisition Requirements or CIO 12-2018, IT Policy Requirements Guide in a contract or order, a waiver may be granted by the Acquisition Approving Official in accordance with the thresholds listed at 507.103(b), the Information System Authorizing Official, and the GSA IT Approving Official.

(2)The waiver request must provide the following information- (A)The description of the procurement and GSA Information

Systems;

(B)Identification of requirement requested for waiver;

Document: C101/MARCH 2023 (The Agreement) https://insite.gsa.gov/itprocurement https://www.acquisition.gov/gsam/part-507#GSAM_507_103

(C)Sufficient justification for why the requirements should be waived; and

(D)Any residual risks that will be encountered by waiving the requirements.

(3)Waivers must be documented in the contract file.

(d)Classified Information. For any procurements that may involve access to classified information or a classified information system, see subpart 504.4 for additional requirements.

III.K. Options and Allowances

“Option” means a unilateral right in a contract by which, for a specified time, the Government may elect to purchase additional supplies or services called for by the contract, or may elect to extend the term of the contract. Optional Line Items may be awarded in addition to the Base Line Item awarded at contract award, and may be exercised at the time of initial award, or at a later date. The Options will be evaluated in accordance with FAR Parts 52.217-4 and 52.217-5.

If not exercised at contract award, the contractor will be provided written notification by the Government of the exercise of the option not later than ninety

(90) days after contract award.

III.L. Additional Terms and Conditions

Asbestos-Containing Materials (May 2006)

No asbestos-containing materials, products or supplies shall be delivered to or utilized or installed at the work site during performance of the contract. Should asbestos-containing materials, products or supplies be delivered to or utilized or installed at the work site during performance of the contract, the contractor shall be responsible for the cost of removal of all asbestos-containing materials, products or supplies delivered to or utilized or installed at the work site during performance of the contract, and the cost for remediation of any hazard thereby created.

This clause does not affect or abrogate the contractor’s responsibilities or duties under the applicable federal, state, and/or municipal laws and regulations regarding the usage, manufacture, or distribution of asbestos-containing material, products, or supplies. Should a conflict exist between this clause and federal, state, and/or municipality laws and regulations, such federal state, and/or municipal laws and regulations would take precedent.

Document: C101/MARCH 2023 (The Agreement) https://www.acquisition.gov/gsam/part-504#GSAM_Subpart_504_4

Inventory Tracking The Contractor shall maintain an inventory record of all equipment removed from and added to the building(s) during the construction project under the performance requirements of this contract. This record shall include the following minimum information:

(a) Description of Equipment

(b) Manufacturer

(c) Model Number

(d) Serial Number

(e) Capacity/Size

(f) Building Number

(g) Room Number

The inventory record shall be maintained by the Contractor throughout the contract period of performance. The inventory record shall be submitted to the Contracting Officer’s Representative for review and acceptance upon contract completion.

Security Clearance Requirements

SECURITY CLEARANCE REQUIREMENTS (NONCLASSIFIED CONTRACT)

(NOTE: DOES NOT INCLUDE LEASED SPACE)

1) Introduction

a) Homeland Security Presidential Directive 12 (HSPD-12) “Policy for a Common Identification Standard for Federal Employees and Contractors” mandated the implementation of a government-wide standard for secure and reliable forms of identification, also known as security credentials.

b) All contractor employees who require routine access to GSA-controlled facilities or its Information Technology (IT) infrastructure are required to be issued this type of credential. Routine access is defined as regularly scheduled access to Government facilities for a period greater than six (6) months.

c) Prior to being issued this form of identification, each individual must have both their identity and trustworthiness proven. This is accomplished

Document: C101/MARCH 2023 by conducting a personnel security investigation (Tier 1) and a Federal Bureau of Investigation (FBI) Criminal History Fingerprint check. All contractors seeking to conduct business on or within federal facilities that are controlled and operated by the Federal Government are required to have a personnel security investigation conducted.

d) Contractors require a favorable initial suitability determination based off the submission of a Tier 1 to receive an identification credential meeting HSPD-12 requirements.

e) The Contractor is responsible for returning all HSPD-12 badges to GSA upon project completion.

2) Clearance Type

a) Long-Term Contractor Clearance Tier 1

i) This section covers the procedures for obtaining a security clearance for contractors working on GSA-controlled facilities.

ii) The Tier 1 clearance is required for contractors who require access for more than six (6) months and those who need Information Technology (IT) access (regardless of how long they will be working on a GSA-controlled facility).

iii) Procedures for each Tier 1 applicant to be cleared:

a. The prime contractor will submit to the Contracting Officer and then maintain throughout the course of the contract, a list of all prime contractor employees (applicant) and subcontractor employees (applicant) who are required on the project using the form: Requesting Official (RO) Contractor Approval List. (Note: Submission of the RO list will trigger GSA to provide HSPD-12 and e-Qip training for the prime contractor.)

Document: C101/MARCH 2023

b. The Contractor Information Worksheet (CIW) (form GSA850) will be submitted by GSA to the prime contractor after prime contractor has received HSPD-12 and e-Qip training. (Note: The prime contractor must designate a Point of Contact (POC) on the CIW.)

c. Each applicant for the HSPD-12 compliant Tier 1 credential will complete section 1 of the CIW and return the CIW to the POC. The POC is responsible to submit all completed CIW's via email to zonec-hspd12@gsa.gov. (Note: applicants for the Tier 1 credential will not be eligible for escort during credential processing.)

d. The applicant will then receive an email that will invite them to apply to e-QIP, and they will also receive an email with an invite to an enrollment appointment.

e. The applicant must complete the enrollment appointment before completing e-Qip.

f. Following the instructions in the invitation to apply to e-Qip email, the applicant will log into e-Qip and complete a background history questionnaire.

g. As per the instructions in the invitation to apply to e-Qip email, the applicant is also required to complete the Declaration for Federal Employment OF-306. (Note: Digital signatures are not accepted, all questions must be checked, answered, or marked NA. The completed OF-306 must be signed, scanned into a PDF and uploaded to E-Qip.)

h. As per the instructions in the invitation to apply to e-Qip email, the applicant is also required to complete the Authorization to Obtain Credit Report 3665. (Note: Digital signatures are not accepted. The completed 3665 must be signed, scanned into a PDF and uploaded to E-Qip.)

Document: C101/MARCH 2023

i. After completing steps e-h above, the applicant is required to certify that their answers are true, electronically sign and submit the e-QIP application.

j. Office of Mission Assurance (OMA) will notify the applicant directly if any errors occurred when completing the e-QIP application. (Note: Failure to respond to these messages will result in delay of their Tier 1 or termination of e-Qip.)

k. A contractor Enter on Duty (EOD) email will be received by POC and applicant upon clearance adjudication.

l. Upon completion of HSPD-12 credential processing, the applicant will be notified by email that an appointment will need to be scheduled for the HSPD-12 credential pick up and activation.

b) Escort Procedures

i) A HSPD-12 credentialed contractor may escort up to five (5) non-cleared individuals to access GSA-controlled facilities.

ii) Escort procedures are limited to individuals needing site access for no more than fifteen (15) consecutive days.

iii) A contractor may be escorted for a total of fifteen (15) cumulative days, on either a single day or multiple day escort, per six (6) month interval, per escorted individual.

iv) Individuals in the process of obtaining the HSPD-12 credential will not be eligible for escort during the HSPD-12 adjudication period.

v) Procedures:

a. Persons being escorted must be added to the Requesting Official (RO) Contractor Approval List.

Document: C101/MARCH 2023

b. A current CIW for the escortee must be submitted with the updated Requesting Official (RO) Contractor Approval List by the POC.

c. The POC is responsible to submit changes to the Requesting (RO) Official Contractor List to the Requesting Official (GSA POC).

d. The POC is responsible to submit the escortee CIW no later than three (3) business days in advance of the escort date, via email to zonec-hspd12@gsa.gov.

IV. Contract Clauses

IV.A. Clauses Incorporated in Full Text

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

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at BioPreferred.

(c) In the performance of this contract, the Contractor shall—

(1) Report to System Award Management, with a copy to the

Contracting Officer, on the product types and dollar value of any

Document: C101/MARCH 2023 (The Agreement) mailto:zonec-hspd12@gsa.gov http://www.biopreferred.gov/ http://www.sam.gov/

USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

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

(a) Definitions. As used in this clause— “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this Contract, shall—

(1) Estimate the percentage of the total recovered material content for

EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to the Contracting Officer.

(3) GSAR 552.204-9 Personal Identity Verification Requirements (JUL 2021)

(a) The contractor shall comply with GSA personal identity verification requirements, identified in the CIO P 2181.1 GSA HSPD–12 Personal Identity Verification and Credentialing Handbook, if contractor employees require access to GSA controlled facilities or information systems to perform contract requirements. The contractor can find the CIO policy and additional information at http://www.gsa.gov/hspd12.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have access to a GSA-controlled facility or access to a GSA-controlled information system.

5. FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

Document: C101/MARCH 2023 (The Agreement) http://www.gsa.gov/hspd12

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

Document: C101/MARCH 2023

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

Document: C101/MARCH 2023

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in

FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the

Document: C101/MARCH 2023 information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph…