47PK0520R0017 A01 -Phase 1 of 2 Qualifications.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 1

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

05/04/2020

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

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

U.S. GENERAL SERVICES ADMINISTRATION

ACQUISITION MANAGEMENT DIVISION / FIELD SUPPORT

401 W WASHINGTON STREET, SUITE 210

PHOENIX, AZ 85003-2117

U.S. GENERAL SERVICES ADMINISTRATION

ACQUISITION MANAGEMENT DIVISION / FIELD SUPPORT

401 W WASHINGTON STREET, SUITE 210

PHOENIX, AZ 85003-2117

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

Interested Party – James Corman R&A, Design Build/

Phase 1 – Request for Qualifications

(X) 9A. AMENDMENT OF SOLICITATION

NO.

47PK0520R0017

9B. DATED (SEE ITEM 11)

04/23/2020

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, X is required to sign this document and return 1 copies to the issuing office.

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

The purpose of this amendment is to make minor changes to RFQ and extend closing date.

A. Reduce Relevant Experience, Initial award amount minimum from $4M to $2M.

B. Technical Plan is restricted to a maximum of 5 pages.

C. Remove Financial Information submission requirement in II.E.(4) D. Draft Agreement is added to RFQ.

E. Question submission is extended to May 7, 2020 until 4 PM PST.

F. Proposal due date is extended to May 28, 2020, 4 PM, PST.

G. All other terms and conditions remain unchanged.

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

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

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

47PK0519R0002

Document: DB201-1-SB/AUGUST 2019 (The Solicitation)

Time:

Location:

Address: Electronic Submission Only to marie.rivera@gsa.gov

II. Proposals

II.A. Proposal Contents

Proposals shall consist of the following documents, completed and executed in accordance with this Solicitation:

1. Technical Proposal

2. Other Documents as Required

II.B. Proposal Format

Volume 1 - RFP Page 8

Date: May 28, 2020 later than 4:00 PM PST on the following date and at the following address.

conforming to the requirements of the Solicitation must be received at the following office no

(1) In order to be considered for Phase 2 and award, Phase 1 qualifications proposals

I.H. Receipt of Qualifications

2020 April 302020. Any responses provided by GSA will be posted on beta.SAM.gov.

Submit all questions regarding the Phase 1 to the Contracting Officer on or before May 7, I.G. Questions Regarding Phase 1

The estimated price range for the Project is between $5M and $10M.

I.F. Estimated Price Range mailto:marie.rivera@gsa.gov

Volume 1 - RFP Page 9

(The Solicitation) Document: DB201-1-SB/AUGUST 2019

Project name and location, number of floors in the building, projecta.

summaries to include the following information:

minimum of four, maximum of five (two shall be from the AE) Relevant project

2. The proposal meets the proposal content requirement when it includes a core finish upgrades.

involving phased construction, building system upgrades, and common multi-story building (more than one story, not including basement)

Includes renovation of a fully occupied commercial and/or government d.

solicitation and solicitation or is at a minimum of 75% complete from the date of this Was completed within the past ten (10) years from the date of this c.

Where initial award was a minimum of $42,000,000;b.

A design build construction contract;a.

scope to:

This factor considers the offeror’s experience on projects similar in size and in 1.

(2) Relevant Experience

A Technical plan that includes the six content requirements listed below.3.

this will meet the minimum requirement).

Offeror will state in its offer that “There is no Past Performance available” and

(*NOTE* If the offeror has no Past Performance information to provide, the are AE Past Performance information, see content requirements below); and Reference information for four (4) Past Performance projects (two of which 2.

Experience summaries (see content requirements below);

Two company Relevant Experience project summaries and Two AE Relevant 1.

(1) Proposal meets the requirements when it includes:

following information may result in not being further considered for award.

Phase 1 evaluation factors stated herein. Any proposal that does not include the Proposals must address the technical approach, technical qualifications, and the other

II.C. Technical Proposal

Proof of Bonding7.

Offeror Representations and Certifications6.

Past Performance5.

Technical4.

Relevant Experience3.

Signed Amendments (if any)2.

information of person authorized to sign contract)

Cover Letter (Includes: Contractor Name, DUNS, SBA certification, POC 1.

Evaluation of Past Performance will be a subjective assessment. The Government is seeking to determine whether the offeror has consistently demonstrated a commitment to customer

Volume 1 - RFP Page 10

Relevant Experience factor.

verifiable information and references for the same SIMILAR PROJECTS submitted under the The offeror demonstrates successful Design Builder/Constructor experience by providing of key personnel or subcontractors will not be considered.

This factor evaluates the corporate past performance of the offeror. Individual past performance

(4) Past Performance of team (including the architect-engineer)

1.) Critical Path Schedule (CPM) own employees compared to overall design and construction work) to be performed by prime contractor’s Describe tasks and identify the percentage of design and construction work (when 5.

Proposed key disciplines (no names are required only job title, role, responsibilities),4.

Identify potential risks and risk management,3.

Provide phasing plan,2.

to meet or exceed performance criteria, on schedule, and within budget.

description shall include a discussion of the offeror's approach to managing the project magnitude and complexity of THIS project under budgetary and time constraints. The Offerors shall describe their approach to managing and delivering a project of the 1.

Roman 10, addressing the following:

The Offeror shall submit a written plan, limited to 5 pages with font no smaller than Times New management approach.

This factor is concerned with the Offeror’s understanding of the project requirements and the

(3) Technical Plan

Current Point of Contact and contact information.g.

Personnel role/responsibilities.

Describe work completed by the offeror's own employees, to include Key f.

overall design and construction work required.

offeror’s own employees (provide payroll information) when compared to Provide percentage of design and construction work completed by e.

fire sprinklers and electrical elements.

construction, building systems upgrades such as mechanical, plumbing, renovation, any restroom renovation, any roofing replacement, phased Provide a detailed project description which includes details about the d.

extension Initial completion date and Actual completion date and reasons for time c.

number of modifications issued.

Initial Contract Award Amount and Final Contract Value. Include the b.

photographs (no more than three (3)) for each project.

satisfaction, timely delivery of services, adherence to contract schedules, subcontractor management, safety management, quality control programs, good workmanship, conformance to specifications, and fair and reasonable prices. The Government may choose to contact additional customer(s) not provided by an offeror and may obtain additional information through other sources, such as the Past Performance Retrieval System (PPIRS), and phone interviews using all DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), and any other known sources not provided by the offeror.

If the offeror is a joint venture, information submitted for a party to the joint venture will not be evaluated to the extent that the terms of the joint venture agreement limit such party's performance or financial obligations as a party to the Contract contemplated by this Solicitation.

II.D. Other Requirements

(1) Representations and Certifications

Offerors are reminded their SAM registration status must be “Active”, at the time their offer is submitted, to be considered for award (see 52.204-7). Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in System for Award Management (SAM), accessed via System for Award Management. Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8), using the attached Offeror’s Representations and Certifications (C301-SAT).

(2) Proof of Bonding to $5M

Volume 1 - RFP Page 11 https://www.sam.gov/

Volume 1 - RFP Page 12

(The Solicitation) Document: DB201-1-SB/AUGUST 2019

III.E. Affirmative Procurement Program provided by FAR 15.503.

the information contained in such offers will be made available until after award except as information regarding the identity of those submitting offers, the number of offers received, or procurement. In accordance with FAR 3.104 and FAR 15.207, after receipt of proposals, no This acquisition is being conducted under the provisions of FAR Part 15 as a negotiated

III.D. Information Concerning the Disclosure of Solicitation Results concerning SBA's surety bond guarantee assistance, contact your SBA District Office.

Small Business Administration (SBA) (Small Business Administration). For information bid, payment, or performance bonds that are otherwise not obtainable is available through the A program for the purpose of assisting qualified small business concerns in obtaining certain

III.C. Notice to Small Business Firms requests not less than 8 calendar days prior to the date set for receipt of offers.

requests will be answered within 5 calendar days. Prospective Offerors should make such Solicitation Documents prior to the date set for receipt of offers, but do not warrant that all such The Government will attempt to answer all requests for clarifications or interpretations of the

III.B. Requests for Clarification or Interpretation are made available to the Contracting Officer for the purpose of contract award.

Government shall incur no obligation under this Solicitation in advance of such time as funds Contract. Award of the contract shall be subject to the availability of appropriated funds, and the Issuance of this Solicitation does not warrant that funds are presently available for award of a

III.A. Availability of Funds

III. General Provisions must be submitted for each member of the joint venture.

(4) Representations and certifications, financial information, and past performance information venture with full authority to bind the joint venture.

joint venture must also provide a certificate that identifies a principal representative of the joint in the joint venture agreement, or by submitting a separate certification to the Government. The certify that the corporation is authorized to participate in the joint venture, either by so certifying

(3) In the case of corporations that are joint venture members, the corporation secretary must members.

accompanying an offer regardless of any agency relationship established between the

(2) An authorized representative of each member of the joint venture must sign the SF 1442 member, and any limitations on liability or authority for each member.

the joint venture, the relationship between the members, the form of ownership of each agreement (with original signatures) which fully discloses the legal identity of each member of

(1) All offers submitted by joint ventures must include a copy of an executed joint venture

II.E. Requirements of Joint Venture Offerors http://www.sba.gov/

47PK0519R0017 GSA Contract No:

Document: DB101-SB/AUGUST 2019 (The Agreement)

Design Build James Corman R&A

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. Commencement, Prosecutions and Completion of Work B. Contractor Responsibilities C. Submittals D. Finality of Contract Modifications E. Liquidated Damages F. Insurance Requirements G. Order of Precedence H. Administrative Matters I. Non-Compliance with Contract Requirements J. Safeguarding Sensitive Data and Information Technology Resources

IV. Contract Clauses A. Clauses Incorporated in Full Text

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

(DEVIATION)

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

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

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

5. GSAR 552.211-10 Commencement, Prosecution and Completion of Work

(Mar 2019)

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

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

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

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

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

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

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

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

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

15. GSAR 552.236-72 Submittals (Mar 2019)

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

(Sep 99)

17. FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

18. GSAR 552.204-70, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (DEVIATION I) (AUG 2019)

19. Buy American Requirements

20. Additional Clauses

i. FAR 52.208-9 Contractor Use of Mandatory Sources of Supply or Services (May 2014)

ii. GSAR 552.236-70 Authorities and Limitations (Mar 2019)

iii. GSAR 552.236-73 Subcontracts (Mar 2019)

21. iv. GSAR 552.243-71 Equitable Adjustments (Mar 2019)Special 8(a) Requirements

22. FAR 52.222-62, Paid Sick Leave under Executive Order 13706 (Jan 2017) B. 23. FAR 52.223-21, FOAMS (Jun 2016)Clauses Incorporated by Reference C. Subcontract Requirements

I. Project Information

I.A. Project Summary

This Statement of Work is issued by the Public Buildings Service of the United States General Services Administration (GSA), Pacific Rim Region in San Francisco, CA, hereinafter referred to as the “Government”, to obtain Design-Build Services of a General Contractor (GC) (also referred to as Offeror or Contractor) who shall be singularly responsible to satisfy the terms of the resulting contract.

The DB Contractor shall provide all labor, materials, equipment, and testing required in accomplishing design and construction for the upgrade of the James C. Corman Federal Building (JCFB) as well as work at the adjacent vacant Post Office Annex (POA), in Van Nuys, California.

The scope of work will include the following categories of upgrades:

● JCFB Building System Upgrades including common core finishes on the 1 st through the rd floors, mechanical work including the replacement of 2 existing dual-duct AHU and one existing multi-zone VAV AHU with similar capacity AHU’s (including associated return air fans), plumbing work including the replacement of existing pumps and provision of VFD’s for each, and electrical elements including lighting replacement at indicated locations, replacement of transformers where noted and replacement of existing electrical distribution equipment, including main switchboard, MCC’s, panelboard, conductors and other equipment noted.

● JCFB ABA Accessibility Upgrades including site and garage accessible parking and common area restrooms on the Basement and 1 st through 3 rd floors, including reconfiguration of existing restrooms, with demolition of existing finishes, fixtures, accessories and lighting with new.

● Exterior Enclosure Upgrades including demolition of existing BUR roofing, including existing roof-mounted PV system at the POA and provision of 60 mil PVC roofing assembly.

● Life Safety Upgrades includes construction of an exit passageway at the 1 st floor of the

JCFB to correct an egress deficiency, as well as a lobby addition to accommodate improved screening, canopies to provide overhead protection at the JCFB entries and exits, fall protection at the JCFB and POA roofs, and the provision of a fire sprinkler system at the POA.

Work shall include, but not be limited to, design and certification by a State of California licensed Architect-Engineer (A/E), design reviews, construction documents, cost estimating, site investigation, site measurements, reproduction services, coordination, demolition, site supervision, drywall, mechanical, electrical, automatic sprinkler system, painting, HVAC, system balancing, and other work to meet the General Service Administration’s, herein referred to as the “tenant,” requirements. See Appendix A, Owner’s Project Requirements, for additional information. 100% construction documents prepared by the selected DB Contractor shall be required for the execution of construction. The DB Contractor shall provide construction cost estimates with each submission that support and validate the Estimated Construction Cost of the design.

NOTE: Night and weekend work may be required as part of this contract to allow continued building operations. Work requiring shut-down of building power or mechanical systems as well as that producing loud noise and hazardous odors (ex. paint type) must be performed after normal building operation hours. A 2-week advance notification will be required for work involving nights and weekends.

The building will be kept open and fully operational throughout the duration of the project. The DB Contractor shall propose a phasing plan and schedule to provide and maintain access to the building at all times and to maintain safe egress for tenants and visitors during occupied hours.

Contractor shall also ensure that the phasing plan is coordinated with the design and shall be submitted for GSA’s review with the 95% construction documents, and GSA approval obtained before the start of construction.

I.B. The Contract

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 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 provide bonds no later than 14 days after Award.

(2) Clearance. Sixty day period is allowed for clearance process.

(3) Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, no later than 717 calendar days from Award.

(3) Contract Completion. The Contractor shall achieve Contract Completion, as the term is defined in this Agreement, within 90 calendar days of Substantial Completion.

I.D. Work Conditions/Site Requirements

Working hours are 7:30 AM to 5:00 PM. The work restrictions are related to the major equipment replacements and work being done in the common areas.

HVAC Air Handling Units (AHU) Replacement tie in and temporary AHU installation will need to be scheduled for an overnight/weekend period. Replacement of Electrical Equipment will need to be performed after normal business hours or on weekends. Common area finishes and lighting upgrades replacement of floor and ceiling finishes, and the associated lighting replacement and mechanical modifications will need to be scheduled in off hours or on weekends

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:

Name: Marie Rivera, Contracting Officer

Address: 401 W Washington Street, Suite 210, Phoenix, AZ 85003

Telephone: (480) 307-3848

Email: marie.rivera@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 GSAR 552.211-12, Liquidated Damages – Construction, in Section IV of this

Agreement, liquidated damages shall be calculated at the rate of $680.50 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 dated 3/13/2020

(2) Specifications dated 3/13/2020

(3) Construction Drawings dated 3/13/2020

(4) Wage Determination CA2020 0022 dated 5/5/2020

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 mailto:marie.rivera@gsa.gov 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 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 SF 1442.

III. Terms and Conditions

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

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. Contractor Responsibilities

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

(1) 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.

III.C. Submittals

FAR 52.236-21, Specifications and Drawings for Construction, GSAR 552.236-73, Submittals located in Section IV.A. of the Agreement is supplemented as follows:

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

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

III.E. Liquidated Damages

The Contractor acknowledges that time is of the essence for the performance of the Work, and that determining actual damages from delay would be extremely difficult and impractical. If the Contractor fails to achieve Substantial Completion of the Work in accordance with FAR 52.211- 12, Liquidated Damages and GSAR 552.211-12, Liquidated Damages and 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 promptly provide to the Contracting Officer proof that it has obtained insurance required by the Contract in the form of certificates of insurance. The Contractor shall submit to the Contracting Officer all renewal certificates issued during the life of this Contract immediately upon issuance.

III.G. Order of Precedence

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

(1) Section IV of the Agreement

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

(3) The Statement of Work

(4) The Specifications

(5) The Drawings

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 in an original and two (2) copies to the designated billing office specified in this Contract or in individual delivery/work orders.

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

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

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

(iv) Updated project schedule that complies with the Contract Documents

(v) Additional documentation:

NA.

(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 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 Sensitive But Unclassified (SBU) Building Information.

This clause applies to all recipients of SBU building information, including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers and manufacturers.

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

(b) Authorized recipients.

(i) Building information designated SBU must be protected with access strictly controlled and limited to those individuals having a legitimate business need to know such information.

Those with a need to know may include Federal, State and local government entities, and nongovernment entities engaged in the conduct of business on behalf of or with GSA.

Nongovernment entities may include architects, engineers, consultants, contractors, subcontractors, suppliers, utilities, and others submitting an offer or bid to GSA, or performing work under a GSA contract or subcontract. Recipient contractors must be registered as “active” in the System for Award Management (SAM) database at www.sam.gov and have a legitimate business need to know such information. If a subcontractor is not registered in the SAM and has a need to possess SBU building information, the subcontractor shall provide to the contractor its DUNS number or its tax ID number and a copy of its business license. The contractor shall keep this information related to the subcontractor for the duration of the contract and subcontract.

(ii) All GSA personnel and Contractors must be provided SBU building information when needed for the performance of official Federal, State, and local government functions, such as for code compliance reviews and for the issuance of building permits. Public safety entities such as fire and utility departments may require access to SBU building information on a need to http://www.finance.gsa.gov/ http://www.gsa.gov/portal/category/107203 http://www.fedidcard.gov/centerlist.aspx know basis. This clause must not prevent or encumber the dissemination of SBU building information to public safety entities.

c. Dissemination of SBU building information:

(i) By electronic transmission. Electronic transmission of SBU information outside of the

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

(ii) By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include, but are not limited to CDs, DVDs, and USB drives.

Nonelectronic forms of SBU building information include paper documents, among other formats.

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

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

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

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

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

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

h. Incidents. All improper disclosures of SBU building information must be immediately reported to the CO at <insert address and contact information> . If the contract provides for progress payments, the CO m at <insert address and contact information> . If the contract provides for progress payments, the CO may withhold approval of progress payments until the contractor provides a corrective action plan explaining how the contractor will prevent future improper disclosures of SBU building information. Progress payments may also be withheld for failure to comply with any provision in this clause until the contractor provides a corrective action plan explaining how the contractor will rectify any noncompliance and comply with the clause in the future.

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

III.I. Non-Compliance with Contract Requirements

In the event the Contractor, after receiving written notice from the Contracting Officer of non-compliance with any requirement of this Contract, fails to initiate promptly such action as may be appropriate to comply with the specified requirement within a reasonable period of time, the Contracting Officer shall have the right to order the Contractor to stop any or all work under the Contract until the Contractor has complied or has initiated such action as may be appropriate to comply within a reasonable period of time. The Contractor will not be entitled to any extension of Contract time or payment for any costs incurred as a result of being ordered to stop work for such cause.

III.J. Safeguarding Sensitive Data and Information Technology Resources

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

These policies can be found at Directives Library.

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

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

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

Agency and Contractor Employees with Significant Security Responsibilities

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

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

Technology for Individuals with Disabilities

6. CIO 2106.1 GSA Social Media Policy

7. CIO 2107.1 Implementation of the Online Resource Reservation Software

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

9. CIO 2162.1 Digital Signatures

10. CIO P 2165.2 GSA Telecommunications Policy

11. CIO P 2180.1 GSA Rules of Behavior for Handling Personally Identifiable Information

(Pll)

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

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

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

15. CIO 2102 Information Technology (IT) Integration Policy

16. HCO 9297.1 GSA Data Release Policy

17. HCO 9297.2B GSA Information Breach Notification Policy

18. ADM P 9732.1 D Suitability and Personnel Security

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

http://www.gsa.gov/directives

IV. Contract Clauses

IV.A. Clauses Incorporated in Full Text

(1) FAR 52.222-99 Establishing a Minimum Wage for Contractor (JUL 2014) (DEVIATION) This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, Implementation of the President's Executive Order Establishing a Minimum Wage for Contractors, dated June 12, 2014.

(a) Each service employee, laborer, or mechanic employed in the United States (the 50 states and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour.

(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor's annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.

(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.

(d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).

(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.

(2) 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— about:blank about:blank

(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 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.

(3) 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.

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

(a) The contractor shall comply with GSA personal identity verification requirements, identified at HSP12, if contractor employees require access to GSA controlled facilities or information systems to perform contract requirements.

(b) The Contractor shall insert this clause in all subcontracts when the…