Agreement.pdf

Sol. Reference No. 47PH0822R0011 GSA Contract No TBD:

Document: C101/FEBRUARY 2022 (The Agreement)

Construction Contract for: IDIQ Contract for Asbestos/Lead Abatement and Mold Remediation Services for Region 7

The Agreement

Table of Contents

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

II. Prices

A. Basis of Pricing B. Contract Price Form

III. Terms and Conditions

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

GSAR 552.236-74, Evaluation of Options (Mar 2019) Payment by Credit Card

Primary Contract Area Task Orders Modifications Administration of the Contract Scheduling Work Protection and Damage Use of Building Facilities Inspection of Site or Building

IV. Contract Clauses

A. Clauses Incorporated in Full Text

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

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

EPA-Designated Items (May 08)

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

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

(Sep 99)

5. FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)

6. Buy American Requirements

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

8. FAR 52.232-40, Providing Accelerated Payments to Small Business

Subcontractors (DEVIATION APR 2020)

9. Additional Clauses

FAR 52.222-30, Construction Wage Rate Requirements-Price Adjustment ( None or Separately Specified Method) (Aug 2018) FAR 52.216-18, Ordering (AUG 2020) FAR 52.216-19, Order Limitations (OCT 95) FAR 52.217-8, Option to Extend Services (NOV 99) FAR 52.217-9, Option to Extend the Term of the Contract (MAR 2000) FAR 52.216-22, Indefinite Quantity (OCT 95) FAR 52.215-1, Instructions to Offerors—Competitive Acquisition (NOV 21)

B. Clauses Incorporated by Reference C. Subcontract Requirements

I. Project Information

I.A. Project Summary

To provide Asbestos/Lead Abatement and Mold Remediation Services; to include site surveys, confirmation of asbestos/lead/mold scope of work on-site, bulk samples of suspected asbestos containing materials, and prepare reports on the results of the site surveys. Projects will primarily involve asbestos/lead abatement and mold remediation but may also include selective demolition.

I.B. The Contract

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

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

I.C. Period of Performance

The period of performance of this contract will commence on or about August 05, 2022 and remain in effect for a period of one (1) year, with four (4) one (1) year options for a total contract term not to exceed five (5) years from that date; except that task orders placed prior to the expiration date shall remain in full effect until deliveries have been completed and payments have been made.

(1) Commencement. Commence work under this contract as stated in the Task Order after the Contractor receives the Notice to Proceed (NTP).

(2) Substantial Completion. Complete the entire work, ready for use, no later than the time shown on the task order. The time stated for completion shall include final cleanup of premises.

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

I.D. Work Conditions/Site Requirements

Per individual Task Order(s).

I.E. Authorized Representatives

(1) This Contract is between the United States of America, acting by and through the Administrator of General Services (GSA), and the Contractor (the Parties). References in this

Contract to "the Owner" or "the Government" shall be understood to refer to GSA. The following individual is designated as the only authorized GSA representative under this Contract, unless other warranted contracting officers are designated in writing:

Authorized Representative Information:

Contracting Officer’s Information

Name: Matthew Deptuch

Address: 819 Taylor Street

Telephone: 817-201-3972

Email:matthew.deptuch@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 The performance times in calendar days and liquidated damages will be stated on each individual task order.

The liquidated damage rate will be established by the Task Order Contracting Officer (CO) and at a minimum, cover the estimated cost of inspection, depending on if the inspection is to be made by a Government if the inspection is to be made by a Government Official or other Government contracted sources, and will vary depending on the use of the space and how critical its occupancy is to the affected agencies and the cost of travel to and from the site.

Whenever the Government will suffer other specific losses due to the failure of the Contractor to complete the work on time, the rate(s) shall include an amount for additional items as:

(a) The cost of substitute facilities

(b) The rental of buildings and/or equipment. Liquidated damages will be assessed in accordance with FAR 11.5.

If the ordering official and the Contractor cannot agree on time of performance or the liquidated damages rate for any Task Order, the matter shall be resolved by the base contract CO.

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

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

Technical specifications, Scopes of Work, drawings, and other technical documents will be issued at the Task Order level. Each Task Order under this contract will be different and therefore specifications and requirements will be unique to each Task Order.

II. Prices

II.A. Basis of Pricing

Task Orders: Scheduled Line Items Percentage Factor and Scheduled Line items Percentage Factor (using RS Means Guides).

The Government furnished line-item listing and the RS Means Guides in this contract are the primary ordering source. A non-scheduled line item is a line item that is not listed in the Government furnished line-item listing or the RS Means Guides; therefore, a non-scheduled line item shall be negotiated.

(2) Government Furnished Scheduled Line Items: The unit pricing in the scheduled line items is based on national averages taken from the most current RS Means Facilities Contraction Cost Data guide and in-house estimating. The scheduled line items are a combination of components that represent a “compact effect.” The line items were developed in this manner for the Indefinite Quantity Contract as a tool to provide a faster performance time to meet our customer needs. The unit price listed in the scheduled line items already includes a reasonable overhead and profit for the contractor.

The Offeror shall submit one percentage factor for all scheduled line items. The percentage factor submitted for the scheduled line items shall be proposed as: plus, minus or net. This percentage factor will apply to the base period of one year and will include all markup, labor and materials. The Offeror shall also submit one percentage factor for each option period, (option one, two, three, and four) which take into account any changes in the costs of labor and materials. Scheduled Line Items (using RS Means Guides)

(3) The unit price in the RS Means Facilities Construction Cost Data guide already includes a reasonable overhead and profit for the contractor; however, it has not been adjusted for a particular geographic area. The Offeror shall submit one percentage factor for all scheduled line items (using RS Means Guides). The percentage factor submitted for the scheduled line items (using RS Means Guides) shall be proposed as:

plus, minus or net. (See Schedule Line Items using RS Means Guide – Solicitation, Offer and Award SF 1442). This percentage factor will apply to the base period of one year and will include all markup, labor, and materials. The Offeror shall also submit one percentage factor for each option period, which takes into account any changes in the costs of labor and materials. The scheduled line items (using RS Means Guides) portion of the tasks orders will use the most current RS Means Guides. The percentage factor submitted will be a ceiling percentage.

SAMPLE

An example of how the Schedule Line Items (using RS Means Guides) will be utilized is as follows:

Item #: 161 105 8800 Description: Conductor, 15KV, aluminum shielded-ungrounded, #1 with PVC jacket, 350 MCM Reference: 1997 Means Electrical Cost Data, pg. 136

Unit Price: $21.00/LF

Company A’s Percentage Factor: -10%

Company A’s Price: $21.00/LF x 10% = $2.10 $21.00 - $2.10 = $18.90/LF

Do not include the Gross Receipts Tax for the State of New Mexico in your percentage factor.

Do not include premiums for bonds in your percentage factors.

The gross receipts tax and premiums for bonds will be a separate line item when applicable. Premiums for bonds will be restricted to the actual bond fee only. No additional factors will be added.

Price Schedule: The current issues of the RS Means Guides are incorporated in this contract be reference. (See below) The contractor will be required to comply with the current issues of the RS Means Guides for the duration of the contract. These publications, to include all revisions, must be maintained by the contractor, at no cost to the Government.

“The current issues of the following data books are incorporated into this contract by reference annually.”

RS Means Facilities Construction Cost Data

RS Means Building Construction Cost Data

RS Means Mechanical Cost Data

RS Means Electrical Cost Data

RS Means Site Work & Landscape Cost Data

RS Means Plumbing Cost Data

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

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

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

III. Terms and Conditions

III.A. Contractor Responsibilities

(1) The Contractor shall secure and pay for all necessary licenses, 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 licenses required for execution of the work to the Contracting Officer prior to commencement of any related work.

(2) 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.

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

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

(5) 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.

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

(7) 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 Contract Documents, the Contractor is responsible for routing, dimensioning, and locating such work in coordination with other work or existing conditions in a manner consistent with Contract requirements.

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

(9) The Contractor shall immediately bring to the Contracting Officer's attention any hazardous materials or conditions not disclosed in the Contract Documents discovered by or made known to the Contractor during the performance of the Contract.

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

III.B. Project Schedule

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

(1) Within 5 calendar days of notice to proceed, the Contractor shall develop and provide a detailed schedule in widely used, commercially available software such as Microsoft Project and Primavera P6 for completion of all activities, tasks, and submissions required herein.

(2) The Project Schedule shall be a rational, reasonable and realistic plan for completing the Work, and conform to requirements specified in this clause and elsewhere in this Contract.

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

(4) The Project Schedule shall depict all 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.

III.C. Submittals Submittals will vary from Task Order to Task Order.

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

III.E. Liquidated Damages

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

*NOTE: Liquidated Damages, when applicable, will vary from Task Order to Task Order.

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 $200,000. 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 $500,000 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 $200,000 per person and $500,000 per occurrence for bodily injury and $30,000 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 Scope of Work

(4) The Specifications

(5) The Drawings

(6) Exhibits and Other Attachments

III.H. Administrative Matters

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

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

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

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

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

(i) Updated Schedule of Values upon which the payment request is based;

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

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

(iv) Additional documentation:

Certified payroll records per task order

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

(a) Progress Payments: 14 days

(b) Subsequent Subcontractor Payments: 7 days

(4) Payment Information. The General Services Administration (GSA) makes information on contract payments available electronically at Office of the Chief Financial Officer. The Contractor may register at the site and review its record of payments. This site provides information only on payments made by GSA, not by other agencies.

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

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

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

(c) In addition, all such personnel who will be on site 6 months or longer must apply for and receive clearance in accordance with Homeland Security Presidential Directive 12 (HSPD- 12). See Section IV, Contract Clauses, GSAR 552.204-9.

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

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

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

1. Authorized recipients.

https://finance.ocfo.gsa.gov/pii/piinotice.aspx?token=PI002 http://www.gsa.gov/portal/category/107203 http://www.fedidcard.gov/centerlist.aspx https://www.archives.gov/files/cui/20161206-cui-marking-handbook-v1-1.pdf

a. Building information designated as CUI must be protected with access strictly controlled and limited to those individuals having a Lawful Government Purpose to access such information, as defined in 32 C.F.R. § 2002.4(bb). Those with such a Lawful Government Purpose may include Federal, state and local government entities, and non-governmental entities engaged in the conduct of business on behalf of or with GSA. Non-governmental entities may include architects, engineers, consultants, contractors, subcontractors, suppliers, utilities, and others submitting an offer or bid to GSA, or performing work under a GSA contract or subcontract.

Recipient contractors must be registered as “active” in the System for Award Management (SAM) database at www.sam.gov and have a Lawful Government Purpose to access such information. If a subcontractor is not registered in the SAM database and has a Lawful Government Purpose to possess CUI building information in furtherance of the contract, the subcontractor must provide to the contractor its DUNS number or its tax ID number and a copy of its business license. The contractor must keep this information related to the subcontractor for the duration of the contract and subcontract.

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

2. Dissemination of CUI building information:

a. By electronic transmission. Electronic transmission of CUI information outside of the GSA network must use session encryption (or alternatively, file encryption) consistent with National Institute of Standards and Technology (NIST) SP 800- 171. Encryption must be through an approved NIST algorithm with a valid certification, such as Advanced Encryption Standard or Triple Data Encryption Standard, in accordance with Federal Information Processing Standards Publication 140-2, Security Requirements for Cryptographic Modules, as required by GSA policy.

b. By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include CDs, DVDs, and USB drives. Nonelectronic forms of CUI building information include paper documents, photographs, and film, among other formats.

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

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

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

4. Safeguarding CUI documents. CUI building information (both electronic and paper formats) must be stored within controlled environments that prevent unauthorized access. GSA contractors and subcontractors must not take CUI building information outside of GSA or their own facilities or network, except as necessary for the performance of that contract. Access to the information must be limited to those with a Lawful Government Purpose for access.

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

6. Notice of disposal. The contractor must notify the CO that all CUI building information has been returned or destroyed by the contractor and its subcontractors or suppliers in accordance with paragraphs 4 and 5 of this clause, with the exception of the contractor's record copy. This notice must be submitted to the CO at the completion of the contract to receive final payment.

For leases, this notice must be submitted to the CO at the completion of the lease term.

7. CUI security incidents. All improper disclosures or receipt of CUI building information must be immediately reported to the CO and the GSA Incident Response Team Center at gsa-ir@gsa.gov. If the contract provides for progress payments, the CO may withhold approval of progress payments until the contractor provides a corrective action plan explaining how the contractor will prevent future improper disclosures of CUI building information. Progress payments may also be withheld for failure to comply with any provision in this clause until the contractor provides a corrective action plan explaining how the contractor will rectify any noncompliance and comply with the clause in the future.

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

[End of clause]

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 mailto:gsa-ir@gsa.gov mailto:gsa-ir@gsa.gov

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.

III.K. Options and Allowances

The General Services Administration (GSA) has included an option to extend the term of this contract to demonstrate the value it places on quality performance by providing a mechanism for continuing a contractual relationship with a successful Offeror that performs at a level which meets or exceeds GSA's quality performance expectations as communicated to the Contractor, in writing, by the Contracting Officer or designated representative. When deciding whether to exercise the option, the Contracting Officer will consider the quality of the Contractor's past performance under this contract in accordance with 48 CFR 517.207.

III.M. Additional Terms and Conditions

GSAR 552.236-74, Evaluation of Options (MAR 2019

(1) Payment by Credit Card

The Government reserves the right to pay vendors by use of the Government Commercial credit card. The contractor must be equipped to accept payments via credit card upon award and/or notice to proceed of the contract. Currently, Citibank Government Card Services is under contract with General Services Administration to provide payment services to vendors through https://www.gsa.gov/directives-library the VISA card. The provisions of this paragraph are applicable to any card issued by any succeeding credit card service vendor. The clearinghouse identifies the nationally accepted credit card payment network being used by the Government Commercial credit card contractor.

Contractor shall not process a transaction for payment through the credit card clearinghouse until the purchased supplies have been shipped or services performed. Unless the cardholder requests corrections or replacement of a defective or faulty item in accordance with other contract requirements, the contractor shall immediately credit the cardholder's account for items or services returned as defective or faulty or services performed in an unsatisfactory manner.

(2) Primary Contract Area

a. This contract is for services in GSA’s Region 7 (Arkansas, Louisiana, New

Mexico, Oklahoma, and Texas)

b. The Government shall endeavor to utilize this contract to the maximum practical extent for services within this area. However, the Government reserves the right to perform, or have performed by others, any services required within the Primary Contract Area, and doing so shall not breach or otherwise violate this contract.

(3) Task Orders

(1) Performance of work on the task orders will only commence upon receipt of the Notice to Proceed (NTP). Task orders under this Contract shall be ordered on GSA Form 300, by a Region 7 designated warranted ordering official.

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) Appropriation and accounting data;

(d) Description of the services to be performed;

(e) Place of performance;

(f) Period of time in which the services are to be performed;

(g) List of Government-furnished material and the estimated value thereof, if applicable;

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

(i) Other pertinent information such as drawings, sketches, and scope of work as appropriate; and,

(j) Signature of warranted ordering official.

(2) 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.

(3) Bid Guarantees. Bid Guarantees are required to be submitted with task order offers in accordance with FAR 52.228-1 Bid Guarantee.

(4) 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.

(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. 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 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 Irrevocable Letter of Credit and the letter from the Financial Institution confirming an Irrevocable Letter of Credit.

(5) Construction Wage Rate Requirements. Each task order will contain current construction wage rate requirements that apply to the geographical area in which the work is being completed. Refer to FAR 52.222-5, FAR 52.222-6, and 52.222-99, concerning Construction Wage Rate Requirements (formerly referred to as Davis Bacon Act requirements).

(6) Task Order Options. Task orders that result from this Contract may include options for additional services, as authorized by GSAM 517.200(a)(1).

(5) Modifications

Base Indefinite Quantity Contract (IDQ) - Only the CO may issue modifications to the Base Indefinite Quantity Contract. Normally, modifications to the base contract should be limited to modifications provided by the "changes" clause of the contract.

Task Orders – Designated COR/ordering officials shall be granted the authority, in writing by the CO, to modify task orders within specified limitations. They shall not make changes in the scope of the specifications or make and other changes that are not within the scope of the basic contract. Normally, modifications to the contract should be limited to modifications provided by the “changes” clause of the contract. In cases where the CO received requests for extra work, he/she shall make a determination as to the appropriate method of procurement.

(6) Administration of the Contract

The Contracting Officer’s Representative (COR), with the assistance of the ordering official, is responsible for ensuring that the Contractor performs all work in accordance with all contract terms and specifications. At no time will the COR supervise contract employees. First-line supervision and inspection of the work performed is the responsibility of the contractor, and inspection by the Government does not relieve the contractor of that responsibility.

The following shall govern the appointment of COR's:

The designation of a COR shall be in writing by name and position title. A CO's designation of his or her representative shall contain specific instructions as to the extent to which the representative may take action for the CO. The COR shall not be given authority to award or modify the basic indefinite quantity contract, and shall not be given the authority to place or amend task orders against an indefinite quantity contract unless the COR has a CO's warrant.

The COR and ordering officials, shall be responsible for the enforcement of the Davis-Bacon Act. The Davis-Bacon Act requires that the Contractor pay his or her employees a minimum salary and fringe benefits, that he submits weekly certified payrolls, and that he allow his employees to be interviewed concerning their salaries and fringe benefits.

The CO/Ordering Official shall require that a certified consolidated payroll be submitted by the contractor (this is to include all subcontractors’ payrolls) each week for all task orders placed against the contract. The payroll shall be submitted to the CO through the COR. The Contractor may use any payroll form which contains all information as shown on Form SF-347, Payroll, and which is certified by the Contractor. In addition to the required wage information on each employee, the Contractor shall break down the consolidated weekly payroll to reflect the number of hours each employee worked on each task order more than once to provide the necessary information for each task order. A confidential interview is required for each craft and should be done at staggered intervals, when work is in progress, during the life of the task order. The Standard Form 1445, Labor Standards Interview, shall be used to document results of confidential interviews. Both payrolls and records of the interviews become part of the contract file. The COR or his designated representative will check all payrolls.

The Contracting Officer's decision shall be final. Under no circumstances will "approval" by the Contracting Officer be interpreted as a release of the contractor from responsibility to fulfill requirements of the contract.

The COR and/or designated representative is also responsible to see that the Contractor maintains posters WH Publication 1321, Notice to Employees Working on a Federal or Federally Financed Construction Project, and EEOC-P/E-1, Equal Employment Opportunity is the Law, at the job site(s) along with a copy of the applicable wage determination.

When submitting pay applications, after inspection is made and work is accepted, the contractor shall submit a completed and signed copy of the GSA Form 2419, Certification of Payment to Subcontractors and Suppliers, and all certified payrolls. These forms become part of the contract file.

A single payment for all work performed for each task order may be made upon final inspection and acceptance; however, as provided in FAR 52.232-5, Construction Contract Clauses, the Contractor is entitled to monthly payment as the work proceeds. Consequently, where the time for completion of the work to be performed exceeds one month or where unanticipated delays occur, a progress payment to the Contractor may be issued. The Contractor shall submit all weekly certified payrolls including payrolls for subcontractors for the period of performance.

(7) Scheduling Work

Before any of the work within the scope of the contract is started, the Contractor shall confer with the COR and agree on a sequence of procedure; means of access to premises and building; delivery of materials and use of approaches; use of corridors, stairways, elevators, and similar means of communications; and the location of partitions, eating spaces for Contractor's employees and the like.

(8) Protection and Damage

Provide all labor, materials, and equipment necessary for protection of personnel, equipment, furnishings, buildings, and facility accessories (such as parking lots, fences, etc.) from damage.

Remove fixed items, if necessary, and replace them in their original location and condition. If work required by the task order prevents replacement in their original location, new locations will be designated by the COR for placement by the Contractor. Equipment, furnishings, buildings, and facility accessories damaged due to work performed under this contract shall be repaired or replaced to their original construction and finished by this Contractor.

(9) Use of Building Facilities

Utility services of the building may be used in this work, if available. Toilet facilities on the site may be used by the workmen subject to the regulation of the Government if they are available.

Any temporary use of an existing elevator shall be by arrangement with the Property Manager of the building and subject to his/her control. Such use will be of an intermittent nature. The Contractor shall provide and maintain suitable and adequate protective coverings for the elevator machinery, the hatchway entrances, and the interior of elevator during the period of temporary use. Loads more than the rated capacity of the elevator will not be permitted. The Government will bear the cost of electric current for the operation of the elevator. On completion of the work, the Contractor shall remove the protective coverings together with any resultant dirt and debris and leave the equipment in a condition equal to that in which he/she found it.

(10) Inspection of Site or Building

It shall be the contractor's responsibility to ascertain possible conditions at each site.

Conditions to be ascertained include such things as elevator sizes and capacities, existing building materials and components, etc.

IV. Contract Clauses

IV.A. Clauses Incorporated in Full Text

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

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

(1) The product cannot be acquired—

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

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

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

(i) Spacecraft system and launch support equipment.

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

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

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

(1) Report to System Award Management, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

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

(ii) At the end of contract performance.

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

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