4.0_47PL0019R0001_AK_IDIQ_The_Agreement.pdf

PBS, Northwest/Arctic Region

THE AGREEMENT

Table of Contents

I. CONTRACT INFORMATION

A. Contract Summary B. The Contract C. Task Orders D. Contract Duration, Limits, and Amounts E. Period of Performance F. Authorized Representative G. Statement of Work

II. PRICES

A. Basis of Pricing B. Task Order Maximum Rates

III. TERMS AND CONDITIONS

A. Commencement, Prosecution, and Completion of Work B. Contractor Management and Personnel C. Project Schedule D. Extensions of Time E. Interpretation of Specifications and Drawings F. Submittals G. Substantial Completion and Task Order Completion H. Use and Possession Prior to Substantial Completion I. Finality of Task Order Modifications J. Insurance Requirements K. Order of Precedence L. Task Orders M. Administrative Matters N. Document Control Procedures (SBU) O. Non-Compliance with Contract Requirements P. Changes to Award Pools Q. Additional Terms and Conditions

IV. CONTRACT CLAUSES

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

V. ATTACHMENTS

A. Alaska IDIQ for Construction – SOW dated 08/13/2019

I. CONTRACT INFORMATION

A. Contract Summary

(1) This U.S. General Services Administration (GSA), Public Buildings Service (PBS), Northwest/Arctic Region Indefinite Delivery Indefinite Quantity contract includes non-complex construction, design-bid-build, and design-build construction services for federally controlled facilities located in the state of Alaska.

(2)Task order contracts are awarded based on price, technical approach and price or technical exchanges and price.

(3)This Agreement establishes two IDIQ award pools. The Alaska IDIQ for Construction contract aligns to two geographic zones. The geographic zones are:

a. ZONE 1 - SOUTHEAST (SE) ALASKA: This zone includes the southeastern area of the state and includes but not is not limited to federal facilities located in or near the cities of Juneau, Ketchikan, Skagway, Haines, and Petersburg.

b. ZONE 2 - SOUTH CENTRAL (SC) ALASKA: The contract coverage for this zone includes, but is not limited to, federal facilities located in or near the cities of Anchorage, Fairbanks, and the Alcan area.

c. GSA may elect to use this IDIQ for facilities outside of the cities named above, as long as they are within the state of Alaska.

B. The Contract The Contract is comprised of the following documents: fully executed SF 1442, Agreement, Exhibits, Amendments, and other attachments identified from the solicitation. Individual contract awards will incorporate portions of the awardees proposal, specifically the price schedule, and all task order contracts awarded to that firm. The Contract contains the entire agreement of the parties and no prior written or oral agreement, expressed or implied, shall be admissible to contradict or modify any part of the Contract.

C. Task Orders The Contractor shall provide and deliver all labor, materials, equipment, tools, transportation, and other facilities and services necessary for the execution of the work required in the Task Order Documents (the Work).

D. Contract Duration, Limits, and Amounts

(1) Term of Contract The period of performance is the effective date of the contract plus five (5) calendar years. The Government may extend this contract by six (6) months.

(2) Task Order Limitations

Task orders are limited to construction projects in GSA owned and leased facilities located in Alaska.

a. The minimum task order project allowed is $2,000.

b. Task order contract (TOC) average award values will range from $10,000 to

$75,000.

c. GSA anticipates that ninety percent of TOC will be below the Simplified Acquisition Threshold (SAT) of $250,000.

d. The TOC maximum is $750,000.

e. TOC may be solicited and awarded above this amount if the Contracting Officer of the IDIQ approves the task order solicitation in advance.

f. No orders greater than $5 million shall be awarded using this IDIQ.

(3) Task Order Competition

a. Projects with a rough order of magnitude (ROM) below the Simplified Acquisition Threshold (SAT), currently $250,000, are competed within that zone.

b. Projects with a ROM greater than SAT are competed on by both award pools (all awardees).

c. If an awardee has a contract for both award pools, the geographic location of the work determines which IDIQ contract that the firm is to use to propose on projects above SAT.

(4) Contract Minimum Guarantee The parties agree that a minimum guarantee of $250 is sufficient consideration to create a binding agreement. The Government will de-obligate the minimum guarantee by administrative modification after issuance of the first task order contract to each individual award Awardees who have not received a task order during the first full calendar year shall submit an invoice in this amount.

(5) Contract Maximum Value (CMV) The Alaska IDIQ for Construction contract(s) will be awarded with a shared contract maximum value (CMV) of $15 million each. Each IDIQ includes two (2) $5 million funding only options to increase the CMV. The total potential CMV for each IDIQ is $25 million. The option to increase the CMV will be unilaterally exercised by the GSA if the total spend in years two (2) and three

(3) on a single IDIQ exceeds the forecasted spend of $3 million per calendar year.

(6) Range of Task Order Values Contractors are not required to accept task orders below or above the stated minimum or maximum dollar limitations. Task Order Contracts awarded above or below these parameters are not subject to the minimum performance requirement for the IDIQ. Contractors can, at their discretion, accept work or participate in TO RFP(s) outside of the minimum and maximum order limits. Task order solicitations outside of these stated amounts require written concurrence by the IDIQ Contracting Officer before being issued.

E. Period of Performance

(1) Commencement The Contractor shall begin performance as of the effective date of the IDIQ contract. IDIQ performance evaluation measures include participation in task order solicitations. Work start dates will be determined for each individual TOC.

(2) Substantial Completion Substantial completion of the IDIQ will be based on meeting 80% of the shared CMV. At substantial completion, contractors in the award pool will be notified of the IDIQ status, the notice will include the forecasted contract completion date for the IDIQ. Individual TOCs will establish substantial completion dates for each project.

(3) Contract Completion The IDIQ contract completion will occur when all awarded task orders are physically complete and all monies are paid to the contractor. The Contractor shall achieve Construction Completion Date (CCD) as established by each task order contract within 30 calendar days of the established Substantial Completion Date (SCD). Contract completion occurs when all deliverables for an individual TOC are complete, a release of claims has been accepted by the Government, and final payment made.

(4) Work Conditions and Site Requirements Individual Task Order will specify the work conditions and/or site requirements.

F. Authorized Representative This Contract is between the United States of America, acting by and through the Administrator of General Services Administration (GSA), and the awardee, the Contractor. References in the Contract to "the Owner" or "the Government" shall be understood to refer to GSA. The designated Contracting Officer for the IDIQ contract is:

Jessica Campbell, Contracting Officer 400 15th Street SW, Auburn, WA 98001 253-736-4678 jessica.campbell@gsa.gov

GSAM 552.236-71, Authorities and Limitations, is incorporated by reference in this Contract.

G. Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments The Alaska IDIQ for Construction Scope of Work (IDIQ SOW), dated 08/13/2019, is attached, and incorporated into this contract. Subsequent task order contracts, for projects located within a specific geographic zone, will be solicited to the assigned award pool, are based upon the requirements of the IDIQ as defined in the scope of work, and supplemented by individual project documents. Individual project documents will identify one of three project delivery methods. Management and inspection of projects will be tailored to the project delivery method.

II. PRICES

A. Basis of Pricing

(1) Task Order Prices Task order prices shall include all costs necessary to complete the work for which the price is established (e.g., Base Task Order Contract, Unit Price, Alternates and Options) in accordance with the Task Order Documents, including, but not limited to, the cost of work performed by subcontractors and consultants, indirect costs, fees, expenses, taxes, and profit. Task orders will be awarded with fair and reasonable pricing, based on the Work, and dependent upon level of competition, risk, uncertainties, complexity, urgency, and project delivery method. The Task Order Contracting Officer (TOCO) has the authority and responsibility for the determination price reasonableness for the task order requirements. Adequate price competition during the TO RFP process establishes the most accurate, fair, and reasonable pricing for the Work.

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

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

(4) Alternates If any portion of a Task Order RFP includes the use of Alternates, the Government will select either the base or alternate solution at the time of Task Order Award. Proposed alternates will be all inclusive of costs associated with performing the alternate work in consideration of the total proposed contract price.

(5) Options If any portion of the Work is to be performed because of exercising an option after award issuance, the option price shall include all costs of coordinating and incorporating the option priced portion of the Work into the awarded TOC. An adjustment to the TOC price for such additional work shall be computed solely on the basis of the option price or prices set forth in the task order. Unless otherwise specified, all options are anticipated to be exercised no later than 60 calendar days after the date of award of a TOC. TO price proposals will be evaluated inclusive of options. Generally option(s) will be exercised with the award of the TOC. If the option is not exercised with the TOC award, the period of performance for the base TOC and the option shall be clearly stated in number of calendar days required to complete the work. The approved project schedule shall be modified upon exercise of the option to incorporate the change to the project duration. Changes to the established SCD and CCD shall be clearly stated in the modification which exercises of the option.

B. Task Order Maximum Rates

(1) Direct Labor Rates The direct labor rates for each year of performance, and as incorporated into this Agreement, are applicable for all Task Order Contracts. The labor rates are the maximum hourly rate for each incorporated labor category. The Contractor may offer discounts as a deviation from the maximum approved hourly rates for each labor category based upon the project delivery method, project location, level of required superintendence on site and/or through the use of ‘working’ Construction Superintendent provided the contractor clearly identifies the deviation in the TO proposal.

(2) Indirect Rates, Profit The indirect rate, identified as overhead (OH), are based upon the rates incorporated in this Agreement. Changes to indirect rates after Year 1 of the performance period may be processed as a Contractor initiated change request. Profit rates will be established through competition at the task order level. Ordering Officials’ may consider the incorporated IDIQ profit rates for task orders in the determination of fair and reasonable pricing. Task orders solicited under an authorized exception to fair opportunity, as defined in FAR 16.505(b)(2), will use the established profit rates in the contract.

III. TERMS AND CONDITIONS

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

A. Commencement, Prosecution, and Completion of Work FAR 52.211-10, Commencement, Prosecution, and Completion of Work, is supplemented as follows:

(1) The Contractor shall not commence the Task Order Work until the Task Order Contracting Officer has issued the Task Order Notice to Proceed (NTP). The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of the Work, as defined in Section III (Terms and Conditions), “Substantial Completion and Task Order Completion” clause, within the time specified in Section I (Contract Information), “Period of Performance” clause in the Task Order Agreement. If the Task Order 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.

(2) Contractor Responsibilities

a. Unless otherwise expressly stated in the Contract or Task Order, the Contractor shall be responsible for all means and methods employed in the performance of the Contract and all Task Orders.

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

c. The Contractor shall be responsible for coordinating all activities of subcontractors.

This responsibility includes coordination of: preparation of shop drawings produced by different subcontractors where their work interfaces or may potentially conflict or interfere and the installation of such work; scheduling of work by subcontractors; and use of the Project site for staging and logistics.

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

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

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

d. The Contractor shall immediately, within 24 hours, bring to the Task Order

Contracting Officer's attention any hazardous materials or conditions not disclosed in the Contract Documents discovered by or made known to the Contractor during the performance of the Contract and all Task Orders.

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

B. Project Schedule

(1) Unless otherwise specified in the individual task orders, the Contractor shall use a Critical Path Method ("CPM") Project Schedule to plan, coordinate, and perform the Work of each task order. The Project Schedule shall be produced with widely used, commercially available computer software that is capable of generating and monitoring a CPM schedule.

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

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

(4) The Contractor should anticipate that its initial submittal of the Project Schedule shall be subject to review and revision as contemplated by Paragraph 11 of this clause, and the Contractor shall devote sufficient resources for meetings, revisions, and resubmissions of the Project Schedule to address exceptions taken by the Task Order Contracting Officer to the initial submittal. The Contractor understands and acknowledges that the purpose of the initial review and resolution of exceptions is to maximize the usefulness of the Project Schedule for the Parties during Task Order performance.

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

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

(7) If the Contractor fails to sufficiently address the Task Order Contracting Officer's exceptions to the Project Schedule within thirty (30) calendar days of written notice of same, the Task Order

Contracting Officer may withhold retainage until the Project is Substantially Complete or until such time as the Contractor has complied with Project Schedule requirements.

(8) The Task Order Contracting Officer shall be entitled, but not required, to rely upon the Project Schedule to evaluate the Contractor's progress, evaluate entitlement to extensions of time and determine the criticality or float of any activities described in such Project Schedule.

D. Submittals (1)The Contractor shall prepare and submit to the Task Order Contracting Officer shop drawings, samples, calculations, product information, mockups, and other submittals (collectively, "submittals") demonstrating compliance with Task Order requirements for all Work components as specified elsewhere in the Task Order. If particular submittal requirements are not specified for a component of the Work, the Contractor shall prepare submittals for such Work as directed by the Task Order Contracting Officer.

(2) The Contractor shall not proceed with work or procure products or materials described or shown in submittals until the Task Order Contracting Officer has indicated approval of the submittal. Any work or activity undertaken prior to approval shall be at the Contractor’s risk;

should the Task Order Contracting Officer subsequently determine that the work or activity does not comply with the Task Order, the Contractor shall be responsible for all cost and time required to comply with the Contracting Officer's determination. The Task Order Contracting Officer shall have the right to order the Contractor to cease execution of work for which submittals have not been approved. The Government shall not be liable for any cost or delay incurred by the Contractor attributable to the proper exercise of this right.

(3) The Contractor shall be entitled to receive notice of action on submittals within a reasonable time, given the volume or complexity of the submittals and the criticality of the affected activities to Substantial Completion as may be indicated in the Project Schedule. The Contractor shall not be entitled to receive notice of action on submittals containing variations from Task Order requirements in fewer than twenty federal business days.

E. Finality of Task Order Modifications As set forth elsewhere in this Contract and in the task orders, 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 Task Order providing such consideration, adjustments to the Task Order 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.

F. Insurance Requirements 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.

(1) 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 $1,000,000. If occupational diseases are not covered by worker’s compensation insurance, Employer’s liability coverage shall include occupational diseases.

(2) Broad form comprehensive commercial general liability insurance in the amount of at least $500,000 per occurrence. Such insurance shall include, but not be limited to, contractual liability, bodily injury and property damage.

(3) Comprehensive automobile liability covering the operation of all automobiles used in connection with performing the Contract in the amount of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

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

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, Contract Clauses, of the IDIQ Agreement

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

(3) MATOC Scope of Work, as currently incorporated into the Agreement

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

(5) Other Provisions of the Task Order Agreement

(6) Task Order Technical Documents (Statement of Work, Specifications, Drawings, etc.)

(7) Task Order Exhibits and Other Attachments, to the extent incorporated into a TOC

H. Task Orders

(1) Fair Opportunity Task Order Request for Proposals (TO RFP) are issued to all contract awardees providing fair opportunity to compete for TOC, refer to FAR 16.505(b), unless an exception to fair opportunity applies.

(2) Task Order Solicitation - Participation Contractor performance will be evaluated based upon the requirement to participate in an aggregate of 75% of all TO Requests for Proposals. Awardees may elect not to compete on projects for which they have been afforded the opportunity. Awardees that do not achieve the minimum response rate of 75% to all TO RFP’s in each year of the performance period; (a) waives its right to the minimum guarantee, (b) the lack of performance may contribute negatively to the contract performance evaluation, and (c) may be removed from the contract, unless in the judgement of the IDIQ Contracting Officer a compelling reason exists which temporarily prevents a firm from participating in the TO solicitation process. Replacement firms may then be added to the contract, until month 30 of the term, in accordance with the procedures identified in the Scope of Services.

(3) Task Order Process Procedures for award of individual competitive Task Orders are in accordance with FAR 52.216- 18, FAR 52.216-19, FAR 52.216-22, and the Contract Documents. Pursuant to FAR 16.505, the ordering official may exercise broad discretion in developing appropriate order placement procedures. The government reserves the right to determine evaluation factors for each individual Task Order. In addition to price, the Government may, at its discretion, consider such factors as including but not limited to quality of past work, similar experience, qualifications of the proposed key personnel, or other factors that the Task Order Contracting Officer (TOCO), in the exercise of sound business judgment, believes relevant in the placement of orders. The Government reserves the right to award future task orders on the basis of best value or lowest price, as specified in each individual task order.

Each task order will be solicited using the standard Task Order Request for Proposal (TO RFP) format. This format includes, at a minimum, the task order solicitation, the task order contract and the technical requirements. Performance of work on the Task Orders will only commence upon issuance of NTP by the TOCO. Task Orders under this Contract shall be ordered on Standard Form (SF) 1442, by a warranted ordering official.

(4) Task Order Contents Task Orders issued will generally include, but not be limited to, the following information:

a. Date of order;

b. Contract and task order number;

c. Identification of Project Delivery Method;

d. Appropriation and accounting data;

e. Description of the services to be performed;

f. Place of performance;

g. Period of time in which the services are to be performed;

h. List of Government-furnished material and the estimated value thereof, if applicable;

i. The applicable current construction wage rates (formerly Davis Bacon rates);

j. Technical Requirements Packages’, appropriate to the Project Delivery Method.

k. Signature of warranted ordering official.

(5) Knowledge of Conditions Affecting Price Clauses FAR 52.236-27, Site Visit - Construction, FAR 52.236-2, Differing Site Conditions, and FAR 52.236-3, Site Investigations and Conditions Affecting the Work, are incorporated by reference in this Contract and any Task Orders resulting from this contract.

The Contractor shall be presumed to have established all prices for Task Orders 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. Contractors are urged and expected to inspect the site where the work will be performed and Tasks Orders will provide instructions on how and when visits can be conducted.

No oral statement made by a Government representative during any site visit or preproposal conference, nor any written record of such oral statements as may be made and subsequently furnished to the offeror, will be deemed to have the effect of adding to, modifying, or otherwise varying from the written provisions of the request for proposals (including, but not limited to specifications, drawings and written amendments to the solicitation). In the event the discussion or questions raised during the site visit or preproposal conference indicate a need to modify the request for proposals, an amendment to the solicitation will be issued in writing.

(6) Task Order Performance Periods The time for completion for each Task Order shall be determined under each individual Task Order. Task Orders under this contract may be awarded by the Task Order Contracting Officer at any time within the Contract period. The actual performance of the work may extend beyond the Contract period.

(7) Bid Guarantees Bid Guarantees are required for all Task Order proposals in accordance with FAR 52.228-1 Bid Guarantee. The amount of the bid guarantee will be stated in the task order solicitation. The amount may be expressed as a percentage of the proposal or by an established dollar range, whichever is less.

(8) Payment and Performance Bonds Payment and performance bonds, if applicable, must be furnished as determined with each Task Order. Performance and payment bonds (if applicable) will be required upon award of all Task Orders, prior to issuance of the NTP for construction. As prescribed by FAR 28.102-2(b) and FAR 52.228-15, Performance and Payment Bonds – Construction, if a Task Order exceeds $150,000, the following bonds will be required:

a. A Performance Bond with a penal amount of 100% of the original Task Order price. If the Task Order price increases, an additional amount equal to 100% of the increase may be required. Increases to the original bond require a formal consent of surety. Invoices for bond premiums by the prime contractor require supporting documentation of payment. Acceptable documentation includes receipt of payment received by the surety from the prime contractor for the bond amount.

b. A Payment Bond with an amount equal to 100% of the original Task Order price. If the Task Order price increases, an additional amount equal to 100% of the increase may be required. Increase to the original bond require a formal consent of surety. The amount of the Payment Bond must be no less than the amount of the Performance Bond. As prescribed in FAR 28.204-3, an Irrevocable Letter of Credit (ILC) is acceptable for all types of bonds, if all provisions of FAR 28.204-3 and FAR 52.228-14 are met. FAR 52.228-14 requires a specific format for the ILC and a letter from the issuing Financial Institution confirming the ILC.

(9) Alternative Payment Protections If a task order is between $35,000 - $150,000 payment protections, in accordance with FAR 52.228-13 Alternative Payment Protections may be required. This payment protection may be a Payment Bond, an Irrevocable Letter of Credit, or other type of protection as authorized by FAR 28.102-1(b) and specified in the individual Task Order.

(10) Construction Wage Rate Requirements The applicable Wage Rate Determination will be provided in each individual task order solicitation. Refer to FAR 52.222-6 and potentially 52.222-5, concerning applicable Construction Wage Requirements.

M. Administrative Matters The following applies to all Task Order Contracts issued against this contract:

(1) Project Meetings The Contractor shall attend a preconstruction conference and shall participate in Government scheduled Project meetings. Individual TOCs may require additional meeting attendance by the contractor.

(2) Schedule of Values The Contractor shall prepare and submit for approval a detailed cost breakdown of the Task Order price, to be referred to as the Schedule of Values (SOV), assigning values to each component of the Work. Values must include all direct and indirect costs, although a separate value for bond costs may be established. The Schedule of Values must contain sufficient detail to enable the TOCO to evaluate applications for payment. If this Task Order requires that the Project Schedule be cost loaded, the Schedule of Values will be derived from the Project Schedule.

(3) Payments FAR clause 52.232-5, Payments under Fixed-Price Construction Contracts, is supplemented by GSAR 552.232-5 Payments under Fixed-Price Construction Contracts. 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:

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

(a) Progress Payments: 14 days

(b) Subsequent Subcontractor Payments: 7 days

(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 Security clearances, using the requirements listed in items a – c of this clause, may be obtained at the IDIQ contract level for the prime contractor and key subcontractor firms that are routinely engaged in construction work, e.g. architectural, engineering, mechanical, and electrical are the most frequently subcontracted efforts for task order contracts. Only long term security clearances are provided at the IDIQ contract level. The IDIQ Contracting Officer, unless delegated to a Contracting Officers Representative, is the primary point of contact to request and obtain security clearances for the duration of the IDIQ period of performance, five years.

Regarding individual task order contracts, the prime 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 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 Task Order Contracting Officer (TOCO) may direct the contractor, as specified elsewhere in this contract or subsequent task order contract(s), 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 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. This list must include at a minimum:

(i) The name of the State, Federal, or local government entity, utility, or firm to which SBU has been disseminated

(ii) 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

(iii) Contact information for the named individual

(iv) 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 TOCO. 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

TOCO.

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

h. Incidents All improper disclosures of SBU building information must be immediately reported to the TOCO. If the contract provides for progress payments, the TOCO 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.

(7). 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 promptly initiate such action as may be appropriate to comply with the specified requirement within a reasonable period of time, the

Task Order 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.

N. 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.

O. Changes to Award Pools

(1) On-ramp Process The Government reserves the right to add contractor firms to the award pool by use of an on-ramp process. The on-ramp process will occur on an as needed basis during the first 48 months of the contract. The on-ramp process is necessary to ensure viable award pools remain throughout the maximum term of the IDIQ. .

The total number of Contractors within the Alaska IDIQ for Construction award pools may fluctuate based upon capacity issues with contract awardees, mutual agreement of the Government and Contractors to be removed through the off-ramp process, substantial performance concerns, and changes in contractor specific business operations. This list is not all-inclusive.

GSA has determined that the inclusion of on-ramp award procedures is in the best interest of the parties to a multiple award IDIQ because the IDIQ is predicated on competition at the task order level. In the absence of competition or sufficient competition, the IDIQ viability is decreased significantly. The use of on-ramp procedures, as detailed below, does not commit the Government to perform an on-ramp procedure. On-ramp processes may be undertaken at any time during contract performance through month 48 of the IDIQ performance period.

A determination to initiate on-ramp procedures will be based upon the following conditions:

a. Public notice is provided by amendment to the original solicitation as posted at the GPE (www.fbo.gov).

b. The final conformed solicitation, agreement, and scope of work are the basis for the request for proposals during the on-ramp request. The on-ramp request for proposal will identify the number of available positions in an award pool by each MATOC IDIQ.

Minimum guarantees in the original amount of the initial solicitation will be used to create a binding agreement.

c. Offerors who submit proposals during the on-ramp process are required to meet the minimum requirements established for the initial acceptability review(s).

d. Proposals will be evaluated in accordance with the Highest Technically Rated with Fair and Reasonable Price source selection methodology.

e. Proposals will be evaluated by Government technical evaluation team, which will verify all information submitted in response to the on-ramp solicitation. .

f. Contracts will be awarded up to the stated maximum number of positions available in an award pool.

g. The period of performance will be from date of award through the completion date of the existing IDIQ.

h. Contractors who receive a contract through the on-ramp process must meet the established performance expectations for the minimum guarantee and the IDIQ.

i. Replacement contractors are immediately eligible to participate in task order solicitations and received task order awards.

(2) IDIQ Suspension Process

a. GSA is responsible for ensuring performance and compliance with the terms of this contract and safeguarding the interests of the Government and the American taxpayer in its contractual relationships. Additionally, GSA must ensure that Contractors receive impartial, fair, and equitable treatment. Accordingly, if the CO determines that any requirement is not being met a Contractor may be suspended from participation in new TO RFP solicitations.

b. Suspended contractors are responsible for the performance and timely completion of all currently awarded TOCs. TOCs that include options and are pending other modifications are excluded from the suspension process.

c. The IDIQ Suspension process is not related or pre-cursor to the Debarment, Suspension, or Ineligibility as defined in FAR…