AK JOCC Agreement_final.pdf

Sol. Reference No. 47PL0122R0050 GSA Contract No: TBD

(The Agreement)

Construction Contract for: Project Name

The Agreement

Table of Contents

I. CONTRACT INFORMATION 5

I.A. Contract Summary 5

I.B. The Contract 5

I.C. Task Orders 6

I.D. Contract Duration, Limits, and Amounts 6

I.E. Period of Performance 7

I.F. Work Conditions/Site Requirements 7

I.G. Authorized Representatives 7

I.H. Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments 8

II. Prices 8

II.A. Basis of Pricing 8

III. Terms and Conditions 10

III.A. Commencement, Prosecution, and Completion of Work 10

III.B. Accident Prevention 11

III.C. Finality of Task Order Modifications 11

III.D. Insurance Requirements 11

III.E. Order of Precedence 11

III.F. Task Orders 12

III.G. Administrative Matters 13

III.H. Non-Compliance with Contract Requirements 16

III.I. Safeguarding Sensitive Data and Information Technology Resources 16

III.J. IDIQ Suspension Process 17

III.J. Government Right to Remove Contractors 17

IV. Contract Clauses 18

IV.A. Clauses Incorporated in Full Text 18

1) FAR 52.223-2 Affirmative Procurement of Biobased Products Under

Service and Construction Contracts (SEP 2013) 18

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

EPA-Designated Items (MAY 08) 18

3. GSAR 552.204-9 Personal Identity Verification Requirements (JUL 2021) 19

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

6) (SEP 99) 19

5. Buy American Requirements 19

52.225-11 Buy American-Construction Materials under Trade Agreements

(Nov 2021). 19

6. FAR 52.228-11, Pledges of Assets (DEVIATION APR 2020) 24

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

Subcontractors. (DEVIATION APR 2020) 25

8. FAR 52.219-14 Limitations on Subcontracting (SEP 2021) 25

9. FAR 52.217-8 Option to Extend Services (Nov 99). 27

10. FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000). 27

IV.B. Clauses Incorporated by Reference 28

1. FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998) 28

2. Federal Acquisition Regulation (FAR) clauses: 28

Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons 31

Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners. 31

Providing Accelerated Payments to Small Business Subcontractors. 32

3. GSA Acquisition Regulation (GSAR) clauses: 33

4. 552.103 Identification of provisions and clauses. 34

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

(MAR 19) 34

6. GSAR 552.211-12 Liquidated Damages-Construction (MAR 2019) 35

7. GSAR 552.211-13 Time Extensions (MAR 2019) 35

8. GSAR 552.211-70 Substantial Completion (MAR 2019) 35

9. GSAR 552.236-6 Superintendence by the Contractor (MAR 2019) 36

10. GSAR 552.236-11 Use and Possession Prior to Completion (MAR 2019) 37

11. GSAR 552.236-15 Schedules for Construction Contracts (MAR 2019) 37

12. GSAR 552.236-21 Specifications and Drawings for Construction (MAR 2019)

13. GSAR 552.236-71 Contractor Responsibilities (MAR 2019) 39

14. GSAR 552.236-72 Submittals (MAR 2019) 39

15. IDIQ Options 40

16. Task Order Solicitations with Options 40

IV.C. Subcontract Requirements 41

(1) FAR Clauses: 41

(2) GSA Acquisition Regulation (GSAR) Clauses: 43

(3) Agreement Clauses: 43

I. CONTRACT INFORMATION

I.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 and design-bid-build construction services for federal and leased facilities located in the state of Alaska.

2) This Agreement establishes three (3) Single Award, Indefinite Delivery / Indefinite Quantity (IDIQ) Job Order Construction Contracts (JOCC). The geographic zones are:

a. ZONE 1 – Interior Alaska: This zone includes the interior area of the state of Alaska.

This includes, but is not limited to, federal and leased facilities located in or near the cities of Fairbanks, Tok, ALCAN Land Port of Entry (LPOE), Kotzebue, and Nome, Alaska. This encompasses an area within the Interior of Alaska.

b. ZONE 2 – South Central Alaska: This zone includes, but is not limited to, federal and leased facilities located in or near the cities of Anchorage, Palmer, Wasilla, Seward, Soldotna, and Homer. This encompasses an area within South Central Alaska.

c. ZONE 3 – Southeast Alaska: This zone includes, but is not limited to, federal and leased facilities located in or near the cities Juneau, Petersburg, Ketchikan, Haines LPOE, and the Skagway LPOE. This encompasses an area within Southeast Alaska and borders Canada.

d. 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.

I.B. The Contract

1) The Contract consists of the following:

a. SF1442, Solicitation, Offer, and Award [Construction, Alteration and Repair]

b. The Solicitation

c. Attachment 1: Price Schedule (Supplement to SF 1442)

d. Attachment 6: Express Menu

e. Attachment 7: Wage Determinations

f. Attachment 8: SOW

g. Attachment 9: R10 Alaska Owned Buildings

h. The Agreement

2) 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.

3) 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. Task Orders

1) 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.

2) Task orders issued shall include, but not be limited to the following information:

a. date of order

b. contract and delivery 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. description of project and/or building specific conditions (if any)

i. other pertinent information such as drawings, sketches, and scope of work as appropriate

j. inspection/acceptance; invoice/payment information performance and payment bond requirements, as applicable

k. signature of authorized ordering official.

I.D. Contract Duration, Limits, and Amounts

Term of Contract

Start End

Base Year February 10,2023 February 09, 2024

Option Year 1 February 10,2024 February 09, 2025

Option Year 2 February 10,2025 February 09, 2026

Option Year 3 February 10,2026 February 09, 2027

Option Year 4 February 10,2027 February 09, 2028

1) There are four (4) one-year option periods that the Government shall have the unilateral right to extend the term of the contract by written notice to the Contractor in accordance with Clause 52.217- 9, Option to Extend the Term of the Contract. The Government will issue a preliminary notice of intent to exercise the option 60 calendar days prior to the expiration date. The option will be exercised 15 calendar days prior to expiration of the contract. The Government shall have the unilateral right to extend the term of the contract for up to 6 months, pursuant to the clause at 52.217-8, Option To Extend Services.

2) Task Order Limitations

a) Task orders are limited to construction projects in GSA owned and leased facilities located in the state of Alaska.

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

ii. Task order contract (TOC) average award values will typically range from $10,000 to $50,000.

iii. GSA anticipates that seventy-five percent of TOC will be below $150,000.

iv. The TOC maximum is $150,000

3) Contract Minimum Guarantee

The parties agree that a minimum guarantee of $3,000 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.

4) Contract Maximum Value (CMV)

a) The CMV for each IDIQ award is $4 million per zone per year with a total CMV of $20 million for each zone/contract for a total magnitude of $60 million for the life of all three zones.. The period of performance of the contract is based on a base year plus four option years, a total potential contract period of five years.

b) The contract expected spend, per individual Alaska JOCC IDIQ, is approximately $1.25M annually.

c) The CMV for each IDIQ decreases by the execution of task order contracts (TOC).

I.E. Period of Performance

1) Commencement. The Contractor shall commence performance of the IDIQ on February 10, 2023.

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 established CMV. At substantial completion, contractors 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. Task Order Contract (TOC) completion occurs when all deliverables for an individual TOC are completed, a release of claims has been accepted by the Government, and final payment made.

I.F. Work Conditions/Site Requirements

Individual Task Order will specify the work conditions and/or site requirements

I.G. Authorized Representatives

a) 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: Rebecca Graham

Telephone: (907) 223-8671

Authorized Representative Information:

Email: rebecca.graham@gsa.gov

Name: Mark A. Mitchell

Telephone: (509) 279-3891

Email: mark.mitchell@gsa.gov

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

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

The IDIQ JOCC Scope of Work (IDIQ SOW) is attached and incorporated into this contract. Subsequent task order contracts, for projects located within a specific geographic zone, will be solicited to the awardee for that geographic zone. Management and inspection of projects will be tailored to the project delivery method.

II. Prices

II.A. Basis of Pricing

1) Pricing for this contract will be based upon commonly requested and recurring, scoped construction and general building services line items known as the Express Menu. The Express Menu prices are based on the RS Means Building Construction Facilities Cost of Construction (hereafter referred to as the FCC RS Means Book). The contractor will apply their coefficient to the applicable line items required for a project in each respective zone.

For line items that are required and not itemized in the Express Menu, the contractor will utilize FCC RS Means to establish price reasonableness. The “Total Incl O&P” [Total Included Overhead and Profit] Cost from the FCC RS Means Book, when multiplied by the Offeror’s proposed coefficient, will establish Task Order pricing. The “Total Incl O&P” Cost of a unit of work will be determined by the RS Means column entitled “Total Incl O&P”, not the column entitled “Bare Cost”. Task order contract pricing is based on the multiplication of the established coefficients to the summary unit price. To be considered for a zone, Offerors are to complete the price schedule for each applicable zone. Offerors submitting a price proposal for multiple zones are required to complete the price schedule for each zone.

The Express Menu line items and additional line items pulled from the FCC RS Means costs data are based on national average costs from the FCC RS Means reference cost data and the “Total Incl O&P” cost of a unit of work from the most recently annually updated data.

2) Other Work Items Work not included in Express Menu is authorized so long as the line item, and combination of line items, are based upon the current Facilities Cost of Construction (FCC) applicable for the specific base or option year.

3) Buy American Act Coefficients submitted by the Offerors will not include any exceptions to Buy American Act or Free Trade

Agreements regulations. Exceptions to these requirements will be processed per the instructions for these elements in the Agreement.

4) Coefficient Standards

a) Division 1, General Conditions, must be included in the Offerors coefficient.

b) Offerors shall limit coefficients to two (2) decimal places. The offeror shall propose a Base

Year coefficient and an Option Year coefficient on an all or none basis.

c) Coefficient factors are inclusive of all project costs.

d) Price proposals for all task orders that include line items other than the Express Menu shall be in CSI Master Format (unit price), with individual line items organized by the 52 Division breakdown. The contractor coefficient as a bottom-line mark up to the totals of the line items.

e) Coefficients are inclusive of the following:

i. Locality adjustment for each city as indicated in the Price Schedule

ii. Materials

iii. Labor, see incorporated Wage Determination(s)

iv. Project superintendence by prime contractor

v. Equipment

vi. Mobilization, demobilization

vii. General Conditions, Overhead and Profit, refer to ‘Total O&P column, RS Means FCC’.

viii. Payment and performance bonds

ix. FICA, FUTA, SUTA costs for prime contractor employees

x. Transportation of materials, equipment, crew.

5) Influencing Factors:

a) Quality, refer to incorporated IDIQ Scope of Work.

b) After hours work, assume work is predominantly daytime hours

c) Productivity refers to minimum self-performance by the prime contractor.

d) Size of Project, refer to estimated average task order value and maximum task order value.

e) Location of owned facilities, see price schedule.

f) Unpredictable factors, assume material substitutions are not allowed.

g) Seasonality of work installation.

h) Contractor management

i) Weather conditions: assume 10% of task orders are exterior efforts.

j) Collective bargaining unit variations, see Labor assumptions.

k) Code compliance, assume compliance to more stringent requirements when conflicts present between codes.

l) Resource availability (energy, skilled labor, material)

m) Owner Standards, refer to JOCC IDIQ Scope of Work.

n) Safety, refer to JOCC IDIQ Scope of Work

o) Environmental standards and compliance, refer to Whole Building Design Guide (www.wbdg.org)

p) Daily site cleanup required

6) Exclusions

a) Contingencies. Differing Site Conditions and Changes clauses will authorize equitable price adjustments after task order contract award.

b) Lodging and per diem.

http://www.wbdg.org/ n

7) Assumptions

a) Coefficient rates for the Express Menu reflect assemblies.

b) Wage determination(s) prevail.

c) Subcontractor direct and indirect costs are included in labor and materials.

d) Annual bid bond, FAR 28.01 is acceptable for all task orders.

e) Limited site laydown availability.

f) Security clearances for all personnel work on any federal site.

g) Standard shipping of all materials for installation.

h) Limited availability of record drawings.

i) No on-site parking for facilities in the CBD.

j) Limited parking for prime contractors, single vehicle typical, for all other sites.

k) Prime contractor markup allowance for contract changes for second and third tier subcontractors is limited in accordance with GSAM Equitable Adjustments clause.

Individual task order price proposal is required.

8) Definitions:

Coefficients are ratios between a pre-established unit and price per unit and the contractor has estimated cost to perform the work. A coefficient of 1.00 is equal to 100% of the estimated costs. A coefficient of less than 1.00 represents a deduction from each unit price. A coefficient greater than 1.00 represents an increase over the established unit price. A 0.90 coefficient, 90%, a 10% savings of the industry-standard pricing. A coefficient of 1.10, 110%, adds 10% to the industry standard.

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.

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

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

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 to achieve Substantial Completion of the Work, as defined in Section III (Terms and Conditions), “Substantial Completion and awarded task order contract.

EXAMPLE: The following sample calculation illustrated how Task Order pricing will be established.

Total Project Cost (Labor, Material and Equipment) $10,000.00

Coefficient (Base Year) – Zone 1 @ 90% X 0.90

TOTAL JOB ORDER PRICE $ 9,000.00

III.B. Accident Prevention

FAR 52.236-13, Accident Prevention, is supplemented as follows:

1) The Contractor must submit a safety plan, applicable to the IDIQ and all subsequent task orders, before commencing work. The Contractor is responsible for safety on all project sites within the specified geographic zone.

III.C. 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.

III.D. 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 $500,000. 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 $250,000 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 $50,000 per person and $250,000 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.

III.E. 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) The AK JOCC SOW, as currently incorporated into the Agreement (Task Order Contract

4) Other Provisions of the Task Order Agreement (within the Task Order Agreement

5) The Statement of Work (Task Order) G. The Specifications (Task Order)

6) The Drawings (Task Order)

7) Exhibits and Other Attachments (Task Order)

III.F. Task Orders

1) Task Order Contents

Task Orders issued will generally include, but not be limited to, the following information:

a) Date of order

b) Contract number and order number.

c) For supplies and services, line-item number, subline item number (if applicable) description, quantity, and unit price or estimated cost and fee (as applicable). The corresponding line-item number and subline item number from the base contract shall also be included.

d) Delivery or performance schedule.

e) Place of delivery or performance (including consignee).

f) Any packaging, packing, and shipping instructions.

g) Accounting and appropriation data.

h) Method of payment and payment office, if not specified in the contract (see 32.1110(e))

i) North American Industry Classification System code (see 19.102(b)(3))

j) List of Government-furnished material and the estimated value thereof, if applicable

k) Task Order Scope of Work

l) Signature of Ordering Official.

2) 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.

No oral statement made by a Government representative during any site visit or pre-proposal 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).If any discussions or questions are raised during the site visit or pre-proposal conference that could indicate a need to modify the request for proposals, an amendment to the solicitation will be issued in writing.

3) Task Order Performance Periods

Task Orders under this contract may be awarded by the Task Order Contracting Officer at any time within the Contract period. Each task order contract shall have its own stated period of performance. The actual performance of the work may extend beyond the Contract period of the IDIQ.

4) 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.

III.G. Administrative Matters

The following applies to all Task Order Contracts issued against this contract:

1) Project Meetings

The Contractor shall attend a pre-construction 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 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

5) 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.

6) 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 Officer's Representative, is the primary point of contact to request and obtain security clearances for the duration of the IDIQ period of performance.

Regarding individual task order contracts, the prime contractor shall comply with the following requirements pertaining to security clearances.

1) 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.

2) 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 .

3) 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.

7) 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.

a) 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.

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b) Authorized recipients.

i. 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.

ii. 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.

c) Dissemination of CUI building information:

i. 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.

ii. 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.

a) 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.

b) 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.

iii. 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:

a) the name of the state, Federal, or local government entity, utility, or firm to which CUI has been disseminated

b) 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

c) contact information for the named individual

d) 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.

iv. 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.

v. 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.

vi. 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 clauses, 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.

vii. 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.

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

[End of clause]

III.H. Non-Compliance with Contract Requirements

In the event the Contractor, after receiving written notice from the Contracting Officer of non-compliance with any requirement of this Contract, fails to initiate promptly such action as may be appropriate to comply with the specified requirement within a reasonable period of time, the Contracting Officer shall have the right to order the Contractor to stop any or all work under the Contract until the Contractor has complied or has initiated such action as may be appropriate to comply within a reasonable period of time.

The Contractor will not be entitled to any extension of Contract time or payment for any costs incurred because of being ordered to stop work for such cause.

III.I. 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 mailto:gsa-ir@gsa.gov https://www.gsa.gov/directives-library

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.J. IDIQ Suspension Process

1) 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.

2) 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.

3) The IDIQ Suspension process is not related or precursor to the Debarment, Suspension, or

Ineligibility as defined in FAR Subpart 9.4, or a Termination as defined in FAR Part 49. The IDIQ suspension process will be used as a temporary effort to assist contractors that are not able to meet the minimum task order participation rate, have incurred substantial performance issues in the management of awarded task orders, or are persistently non- compliant with the contract deliverables for individual Task Orders or the terms and conditions of the IDIQ contract.

4) The IDIQ suspension status will be initiated by one of two trigger events, the first is contractor requested IDIQ suspension. The second trigger event is Government requested.

5) The modification will provide the period of the suspension, which party requested the suspension, the rationale for why the suspension process is necessary, and the actions needed for reinstatement to active status.

III.J. Government Right to Remove Contractors

The GSA reserves the right to remove contractors by unilateral modification from this IDIQ for reasons other than Cause or Default. Contractors may be removed without using a termination process. A final performance rating will be processed and uploaded to the

CPARS database.

IDIQ suspension may be initiated by one of the following conditions:

1) Debarment, Suspension, or Ineligibility as defined in FAR Subpart 9.4.

2) Termination as defined in FAR Part 49

3) Contractors who fail to meet the standards of performance, deliverables, or compliances

4) Taking any other action that permitted under the terms and conditions of this

Agreement related to managing IDIQ performance

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.

Postconsumer material is a part of the broader category of “recovered material.”

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

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

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and http://www.biopreferred.gov/ http://www.sam.gov/

(2) Submit this estimate to the Contracting Officer.

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

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

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

4. GSAR 552.252-6 Authorized Deviations in Clauses (Deviation FAR 52.252-6) (SEP 99)

(a) Deviations to FAR clauses.

(1) This solicitation or contract indicates any authorized deviation to a Federal Acquisition Regulation (48 CFR Chapter 1) clause by the addition of “(DEVIATION)” after the date of the clause, if the clause is not published in the General Services Administration Acquisition Regulation (48 CFR Chapter 5).

(2) This solicitation indicates any authorized deviation to a Federal Acquisition Regulation (FAR) clause that is published in the General Services Administration Acquisition Regulation by the addition of “(DEVIATION (FAR clause no.))” after the date of the clause.

(b) Deviations to GSAR clauses. This solicitation indicates any authorized deviation to a General Services Administration Acquisition Regulation clause by the addition of “(DEVIATION)” after the date of the clause.

(c) “Substantially the same as” clauses. Changes in wording of clauses prescribed for use on a “substantially the same as” basis are not considered deviations.

5. Buy American Requirements

52.225-11 Buy American-Construction Materials under Trade Agreements (Nov 2021).

(a) Definitions. As used in this clause—

Caribbean Basin country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and http://www.gsa.gov/hspd12 https://www.acquisition.gov/far/part-2#FAR_2_101

(2) Does not include bulk cargo, as defined in 46 U.S.C.40102(4), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the

Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the

Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country

(Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak

Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa

Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

"Designated country construction material" means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if—

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States…