Attachment A PWS.pdf

January 27, 2026

National Custodial Specification

SOLICITATION NUMBER: 47PF5326Q0001

SERVICE: Landscaping and Related Services

LOCATION(S):

Location 1:

Anthony J. Celebrezze Federal Building, OH0192ZZ

1240 East Ninth Street

Cleveland, Ohio 44199

Location 2:

Carl B. Stokes USCH, OH0301ZZ

801 W. Superior Avenue

Cleveland, Ohio 44113

Location 3:

Donald J. Pease Federal Building, OH0100ZZ

143 W. Liberty Street

Medina, Ohio 44256

PERIOD OF PERFORMANCE:

Base Year: October 1, 2026, through March 31, 2027 (6 Months)

Option 1: April 1, 2027 through March 31, 2028

Option 2: April 1, 2028 through March 31, 2029

Option 3: April 1, 2029 through March 31, 2030

Option 4: April 1, 2030 through March 31, 2031

Option to Extend: April 1, 2031 through September 30, 2031

SOLICITATION ISSUE DATE: April 13, 2026

OFFER RECEIPT DATE/TIME: May 11, 2026, 3:00PM Eastern

ATTACHMENT A

Table of Contents

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

1 Objectives and Scope

1.1 Basic Landscaping Services

1.2 Additional Services

1.3 Landscaping Materials and Standards

1.3.1 Shrub Material

1.3.2 Annual Plans

1.3.3 Perennials

1.3.4 Organic Amendments

1.3.5 Inorganic Soil Amendments

1.3.6 Fertilizer

1.3.7 Mulch

1.3.8 Weed Control Barriers

1.3.9 Miscellaneous Products

1.3.10 Potting Soil Mix

1.4 Subcontracted Services

1.5 Quality Control Plan (QCP)

2 Contractor Responsibilities

2.1 Standards of Conduct

2.2 Uniforms

2.3 Key Control

2.4 Personnel Qualifications

2.5 State Licensing

2.6 Protection and Damage

2.7 Miscellaneous Requirements

2.8 Safety, Health, and Accessibility

2.9 Hazard Communication Plan

2.10 Safety Data Sheets

3 Security Requirements and Personal Identity Verification Procedures (Non-Classified Contract)

3.1 Fitness Determinations

3.2 Identification Responsibility

3.3 Escort Requirements

3.4 Removal From Contract Work

3.5 Safeguarding and Dissemination of Controlled Unclassified Information

3.6 Prohibited Telecommunications Equipment

3.7 Recording Presence

4 Administrative Requirements

4.1 Other Contractors

4.2 Ordinances, Taxes, Permits and Licenses

4.3 Discrepancy in the Specifications

4.4 Federal Requirements

4.5 Suspension of Work

7. Exhibits EXHIBIT 1: Building Information Sheet EXHIBIT 2: Quality Assurance Surveillance Plan (QASP) Overview & Acceptable Quality Levels (AQLs) EXHIBIT 3: Contractor Submittals/Deliverables Chart EXHIBIT 4: Definitions

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

1 Objectives and Scope This is a Performance Work Statement (PWS) for Landscaping and Related Services defined under the scope of this contract for Anthony J. Ceebrezze (AJC) Federal Building, 1240 East 9th Street, Cleveland, OH 44199, Carl B. Stokes US Courthouse, 801 W. Superior Ave, Cleveland, OH 44113, and Donald J. Pease Federal Building, 143 W. Liberty Street, Medina, OH 44256. This PWS describes the requirements of the U.S. General Services Administration (GSA) and acceptable outcomes to be performed by the Contractor. This specification represents GSA's performance objectives and minimum levels of service to be provided by the contractor. A high level of effective communication between the Government and contractor is essential. This performance based requirement demands a greater emphasis by the contractor on self-evaluation, robust quality control processes and strict oversight of building operations to ensure the highest level of efficiency. The Contractor will be required to maintain a quality control program to ensure that the requirements of this Contract are met. The contractor must closely monitor all aspects of the work, identify deficiencies and implement corrective action, without reliance on Government oversight.

The Contractor shall provide all management, administrative, supervision, labor, transportation, materials, supplies, repair parts, tools, equipment (except as otherwise provided) and subcontracts necessary, and shall plan, schedule, coordinate, and assure effective completion of all work and services and performance of Landscaping and related services described herein.

1.1 Basic Landscaping Services

(a) Landscaping maintenance will be performed during the growing season on a cycle approved by the COR to maintain the outside area in a neat and clean manner. Work will be performed Monday through Sunday during the months of April through November. Policing landscape areas to remove trash and other cleaning issues will be done by the Janitorial staff during the off season and between scheduled landscaping visits as directed by the Property Manager.

(b) Basic Landscaping Maintenance includes mowing lawns, aerating lawns, power raking, edging, mulching, pruning, watering, weed, pest and disease control and plants and ivy maintenance. In compliance with EPA and USDA requirements, compost and fertilizers made from recovered organic materials and bio-based herbicides and pesticides will be used unless an alternative product is approved by the COR. The Contractor shall be held liable for any damage to grounds, vegetation, or landscaping due to his negligence and shall promptly report any theft or missing plants to the COR. The COR will determine if the plants are covered under the one year/season guarantee or if the government will order the replacement under additional services. The contractor is responsible for watering landscaped areas as needed (see Section 2.7) for availability of water connections and irrigation systems. If weed, pest or disease control is needed the COR will approve in advance their application.

(c) Lawns will be well maintained and free of weeds and trash. Soil shall be aerated by mechanical methods of piercing the ground to provide an adequate air supply to the soil and promote sustained plant life at least once per year. Cores will remain on the lawn to decompose and provide additional organic matter to the soil. Contractor will over-seed, dethatch and plug as necessary to prevent bare areas and promote even growth of turf areas. Lawns will be maintained at a height of 3-3.5 inches

(d) Groundcovers shall receive rejuvenation pruning as needed and be maintained within their established bed lines to maintain a weed free, neat consistent appearance.

(e) Walkways, landings, and steps will be free of trash and weeds. Shrubbery, trees and other landscaping will be pruned to maintain a well-groomed appearance and be free of deadwood, suckers, litter and weeds. Fence areas, turf areas, sidewalks, gutters, roadways, cooling tower yard and other surfaces included in the maintenance area shall be free of leaves, litter and other debris. Plant material around fences, monuments, flagpoles, walls, walkways, parking lots and other property appurtenances will be trimmed to maintain a well-groomed appearance.

(f) The landscaping plan currently in place for the building must be reviewed and addressed by the contractor in the offer. Any alterations to the plan must be approved by the Property Manager/COR. Any planting included in the landscape plan will be guaranteed for one year/season and failing or missing plants will be replaced at no cost to the government. A photographic record (in digital format) shall be provided to the COR of each season’s plantings.

Images should be taken prior to and after planting activities.

NOTE: The Contractor shall remove all debris generated in the performance of this contract each day service is performed. Upon completion of the repair or installation work, the Contractor shall remove and dispose of all unused materials, containers, wrappings, cuttings, trimmings and any other debris accumulated as a result of this contract. Organic materials shall be composted and other materials shall be recycled to the extent possible.

1.2 Additional Services

(a) Contractor shall perform a site visit/consultation with the COR at the beginning of the growing season; April; and submit a report identifying any additional services required to bring the landscape back to the original condition (excluding damage or failure of plants caused by negligence of the contractor). A plan and pricing for replacement plants and other services not included in the basic landscaping services will be submitted to the COR 30 days prior to scheduled planting. Any plants installed will be guaranteed for 1 year. Guarantee will include plants, installation and any soil amendments necessary to return the site to the original condition.

(b) Orders for additional service may be placed orally when the amount of the order totals $2,500.00 or less or in the event of an emergency. All orders which exceed $2,500.00 must be placed or confirmed by issuance of a GSA Form 300, Order for Supplies or Services and will be paid by GSA Finance. The GSA Form 300 will describe the service to be provided and will establish, excluding emergencies as determined by the Contracting Officer (CO) or the Contracting Officer’s Representative (COR), the maximum number of hours for which the contractor will be compensated. Orders of $2,500.00 or less may be processed using either direct pay procedures or the Government wide commercial purchase card, which is the preferred method to purchase and to pay for micro purchases.

Individual orders for additional services involving more than forty (40) hours will only be issued with the assent of the contractor.

(c) This additional services provision is intended to be used to satisfy the Government's short term non-recurring needs for service. Should a continuing need for additional service arise, a contract modification will be negotiated pursuant to the "Changes Fixed Price" clause.

(d) Additional services cannot be accomplished by diverting resources from work that is supposed to be accomplished.

(e) Plants and supplies provided under additional services will meet the standards identified in Section 1.3 The Contractor will submit a fixed price quotation for the plants, supplies and installation as requested by the COR.

Plants will be guaranteed for one year including replacement and installation.

1.3 Landscaping Materials and Standards

The section below identifies the standards for landscaping materials supplied under this contract. Plant materials of native species and cultivars are preferred. Mature plant size shall be appropriate to the location with minimal maintenance.

1.3.1 Shrub Material

General: Furnish nursery-grown shrubs complying with ANSI Z60.1, with healthy root systems. Provide well-shaped, fully branched, healthy, vigorous stock free of disease, insects, eggs, larvae, and defects such as knots, sunscald, injuries, abrasions, and disfigurement.

(1) Grade: Provide shrubs of sizes and grades complying with ANSI Z60.1 for type of shrubs required. Shrubs of a larger size may be used if acceptable to the COR, with a proportionate increase in size of roots or balls.

(2) Label at least one shrub of each variety and caliper with a securely attached, waterproof tag bearing legible designation of botanical and common name.

(3) If formal arrangements or consecutive order of shrubs is shown, select stock for uniform height, spread, and number label to assure symmetry in planting.

(i) Deciduous Shrubs:

Form and Size: Deciduous shrubs with not less than the minimum number of canes required by and measured according to ANSI Z60.1 for type, shape, and height of shrub.

(ii) Evergreens:

Form and Size: Normal-quality, well-balanced, broadleaf evergreens, of type, height, spread, and shape required, complying with ANSI Z60.1.

1.3.2 Annual Plans

(1) Annuals: Provide healthy, disease-free plants of species and variety shown or listed. Provide only plants that are acclimated to outdoor conditions before delivery and that are in bud but not yet in bloom.

(2) Bulbs: Provide healthy, disease-free bulbs of species and variety shown or listed.

(3) Annual Vines: Provide vines of species indicated complying with requirements in ANSI Z60.1.

1.3.3 Perennials

Provide healthy, field-grown plants from a commercial nursery, of species and variety shown or listed. Provide field-grown vines. Vines grown in 6” pots or other containers of adequate size and acclimated to outside conditions will also be acceptable.

Topsoil Source: Import topsoil or manufactured topsoil from off-site sources. Obtain topsoil displaced from naturally well-drained construction or mining sites where topsoil occurs at least 4 inches (100 mm) deep; do not obtain from agricultural land, bogs or marshes.

Topsoil Source (Stokes US Courthouse only): Amend existing in-place surface soil with compost made from the composting onsite of branches, leaves and grass in the Joraform compost tumblers located in back area on site.

Verify suitability of surface soil to produce topsoil. Clean surface soil of roots, plants, sod, stones, clay lumps, and other extraneous materials harmful to plant growth.

Surface soil may be supplemented with imported or manufactured topsoil from off-site sources. Obtain topsoil displaced from naturally well-drained construction or mining sites where topsoil occurs at least 4 inches (100 mm) deep; do not obtain from agricultural land, bogs or marshes.

1.3.4 Organic Amendments

Use of compost shall be the preferred amendment for improving topsoil. Other amendments may be considered if a soil test shows that they would be the best method of balancing the soil composition. Compost shall be a well decomposed, stable, weed free organic matter source. It shall be derived from: food waste, yard trimmings, manure, bio-solids and other recovered organic materials that are placed in the Joraform compost tumbler on site (Location 2 Only). The tumblers shall be turned when onsite to expedite breakdown. The product shall contain no substances toxic to plants and shall be reasonably free (1% by dry weight) of man-made foreign matter. The compost will possess no objectionable odors and shall not resemble the raw material from which it was derived.

1.3.5 Inorganic Soil Amendments

(1) Lime ASTM C 602, agricultural limestone containing a minimum 80 percent calcium carbonate equivalent and as follows:

(2) Class: Class T, with a minimum 99 percent passing through No. 8 (2.36-mm) sieve and a minimum 75 percent passing through No. 60 (0.25-mm) sieve.

(3) Class: Class O, with a minimum 95 percent passing through No. 8 (2.36-mm) sieve and a minimum 55 percent passing through No. 60 (0.25-mm) sieve.

(4) Provide lime in form of dolomitic limestone.

(5) Sulfur: Granular, biodegradable, containing a minimum of 90 percent sulfur, with a minimum 99 percent passing through No. 6 (3.35-mm) sieve and a maximum 10 percent passing through No. 40 (0.425-mm) sieve.

(6) Iron Sulfate: Granulated ferrous sulfate containing a minimum of 20 percent iron and 10 percent sulfur.

(7) Aluminum Sulfate: Commercial grade, unadulterated.

(8) Perlite: Horticultural perlite, soil amendment grade.

(9) Agricultural Gypsum: Finely ground, containing a minimum of 90 percent calcium sulfate.

(10) Sand: Clean, washed, natural or manufactured, free of toxic materials.

(11) Diatomaceous Earth: Calcined, diatomaceous earth, 90 percent silica, with approximately 140 percent water absorption capacity by weight.

(12) Zeolites: Mineral clinoptilolite with at least 60 percent water absorption by weight.

1.3.6 Fertilizer

Fertilizer is an EPA/CPG and USDA bio-based designated product. If the use of fertilizer is required, a product containing recovered organic materials should be considered first. Fertilizers shall be made from recovered organic materials such as alfalfa meal, blood meal, cottonseed meal, feather meal, fish meal, meat and bone meal, poultry manure/litter, soybean meal and wood ash. It shall contain the highest percentage of recovered materials practicable, while maintaining a satisfactory cost/level of competition. If that product will not meet the performance needs then the use of a biobased product should be specified. The CO or COR must approve the fertilizer.

1.3.7 Mulch

Bio-based or Hydraulic mulch must be free from deleterious materials and suitable as a top dressing for trees and shrubs, consisting of shredded hardwood and/or paper. Compost may also be used as mulch if appropriate. The CO or COR must approve the scheduling of mulch applications.

1.3.8 Weed Control Barriers

Weed control barriers must contain the highest percent of recycled content practicable and meet the requirements for effective weed control.

1.3.9 Miscellaneous Products

(1) Antidesiccant: Water-insoluble emulsion, permeable moisture retarder, film forming, for trees and shrubs.

Deliver in original, sealed, and fully labeled containers and mix according to manufacturer's written instructions.

(2) Bio-based Insecticide: Deliver in original, sealed, and fully labeled containers and mix according to manufacturer's written instructions.

(3) Bio-based Fungicide: Deliver in original, sealed, and fully labeled containers and mix according to manufacturer's written instructions.

(4) Bio-based Herbicide: Deliver in original, sealed, and fully labeled containers and mix according to manufacturer's written instructions.

1.3.10 Potting Soil Mix

Soil less mix of organic materials such as compost, perlite, vermiculite, and organic/bio-based fertilizer, for use in containers.

SOD: Shall comply with ASPA specifications for machine-cut thickness, size, strength, moisture content, mowed height, and free of weeds and undesirable native grasses. Provide viable sod of uniform density, color, texture, strongly rooted, and capable of vigorous growth and development when planted.

1.4 Subcontracted Services

Except for the following services, the contractor will perform all work required by this contract with his/her own personnel: The Government reserves the right to disapprove the subcontractor selected at no increase in cost, and the right to acquire services for subcontracts from sources other than the contractor when it is in the best interest of the Government.

1.5 Quality Control Plan (QCP)

A Quality Control Plan (QCP) is a written document that the Contractor is required to establish and implement. The QCP specifies a system for determining whether or not service requirements of the contract are met and to self-identify and correct any deficiencies in the quality of services before the level of performance becomes unacceptable or recurring. The QCP also identifies opportunities where the Contractor can make improvements on how services are provided.

The Contractor shall adhere to the QCP but the QCP is a living document and may be subject to change if needed. The QCP will be utilized by the Government in conjunction with the QASP to effectively assess the Contractor's performance to ensure that the services performed meet contract standards.

The QCP shall at a minimum include the following:

A. Organization and Responsibilities

a. Communication approach

B. Inspection System

a. Procedures for inspecting work at key points (e.g., before, during, and after)

b. Service calls

c. Description of inspection methods, frequencies, and documentation

d. Dates, locations and descriptions of action(s) taken (if necessary) of inspections performed

C. Deficiency Identification and Correction Process D. Submittals Management E. Documentation and Records F. Ongoing training program to ensure staff competency G. Coordination with Government Oversight

The QCP shall be submitted by the Contractor to the CO or their designee for review and acceptance. The Contractor is not authorized to start work until the QCP is accepted and the proper fitness determinations are obtained. Refer to Section 3 of the solicitation, in regard to security requirements.

Evaluations of the Contractors work shall be based on the standards in this section and conducted in accordance with the Government’s Quality Assurance Surveillance Plan (QASP).

2 Contractor Responsibilities Along with fulfilling all the requirements in this PWS, additional contractor responsibilities are provided below to highlight contractor obligations under this contract. The following list is not all inclusive but rather general duties.

2.1 Standards of Conduct

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary. Smoking (including vaping, and e-cigarettes) is not allowed in the building per GSA’s ‘No Smoking Policy.’ Each employee is expected to adhere to standards of behavior that reflect favorably on their employer, and the Federal Government.

https://docs.google.com/document/d/1msT_MkmFx1FSU6y1BUXnW5IqZn1xsIrF0pSEGM5xhtA/edit#heading=h.1w363f7

2.2 Uniforms

All employees shall wear distinctive, uniform clothing for ready identification. Uniforms shall be neat, clean, in good repair, and have a badge or monogram with the Contractor's name on it.

2.3 Key Control

The Contractor shall follow the building’s key control program. The Contractor shall maintain a current and accurate key control log documenting what keys were given to which Contractor’s personnel or subcontractors. The Contractor is financially liable for the cost of impacted locks rekeying if keys are lost or not recovered from employees or subcontractors.

2.4 Personnel Qualifications

Supervisory Contract employees shall have a minimum of 3 years of experience with managing and related services in building(s) of similar size and complexity. The Contractor shall provide employee resumes covering these positions to the CO or their designee for approval. At the discretion of the CO or their designee formal training may be substituted for experience. All supervisors are required to be fully conversant in English.

Resumes for supervisory personnel shall be submitted to the CO or their designee and include a copy of their current license if applicable. It is the responsibility of the Contractor to keep all certificates of training, licenses, and permits current. All resumes will be submitted in accordance with the requirements in Exhibit 3: Contractor Submittals/Deliverables Chart.

A detailed resume for supervisory personnel containing the information specified below must be submitted. These qualification standards apply to both new and replacement supervisors.

(1) The full names of the proposed supervisors.

(2) Detailed descriptions of the previous 5 years of employment history for each proposed supervisor.

(3) The name(s) and address(es) of the companies for whom the proposed supervisor(s) worked for the past 5 years, along with the name(s) and telephone number(s) of immediate supervisors.

2.5 State Licensing

All personnel assigned to operate and/or repair equipment shall be licensed and certified, or become licensed and certified as required by the State prior to performing work under this Contract. Contractor personnel shall also conform to all other licensing and certification requirements as described elsewhere in this document.

2.6 Protection and Damage

The Contractor shall make reasonable efforts to assist the Government to prevent hazardous conditions and property damage. To the extent that relevant conditions or activities are noted but are not associated with the Contractor’s scope, the Contractor shall promptly report such conditions or activities to the CO or their designee, or to security personnel.

The Contractor shall protect the Government’s property, buildings, building accessories (such as parking lots, fences, sidewalks, grounds, etc.), materials, equipment, and supplies that are within the Contractor’s control against unauthorized access, loss or damage. The Contractor shall be held liable for any damages incurred to Government property during the performance of all standard and above standard services. Contractor must repair, restore, or replace any damaged government property within 60 days of when damage occurred. Repaired damaged areas shall be warrantied for 1 year from time of accepted repair. All locally prescribed safety regulations, laws, and practices shall be carefully observed in performance of the work.

The Contractor shall establish a system for on-site workforce personnel to report potentially hazardous conditions, fires, and items in need of repair (e.g. inoperative lights, broken windows or doors, dead trees or shrubs) in or around the building to the CO or their designee or other designated Government representatives, regardless of whether the condition is within the Contractor’s responsibility.

The Contractor and Contractor’s employees and subcontractors shall comply with Regulations Governing Conduct on Federal Property (as posted in the building), and shall promptly report violations by employees, or as otherwise observed, to the CO or their designee, or security personnel.

2.7 Government-Furnished Materials

The Contractor or the Contractor’s employees shall not use Government property in any manner for any personal advantage, business gain, or other personal endeavor. The Contractor shall take appropriate precautions to safeguard and protect from damage, theft or misuse of government furnished equipment. Government furnished property lost, stolen or damaged due to Contractor neglect shall be replaced at the expense of the Contractor.

The following items are furnished by the Government

1. Where available, the Government will supply utilities (i.e., electricity, water, steam, etc.) for the Contract location(s). If access to utilities is limited or impracticable, the contractor is responsible for all landscaping services whether or not the contractor has access to Government-furnished utilities.

(a) Hydrant or Water Hose connection keys as needed to gain access to Government owned water source connections for fulfillment of this Contract. Nonworking, malfunctioning, or low- pressure connections (at any time during the life of the Contract) shall not negate the contractor’s responsibility to fulfill the requirements of the Contract.

(b) Any operational irrigation systems may be used by contractor. Nonworking or malfunctioning systems (at any time during the life of the Contract) shall not negate the contractor’s responsibility to fulfill the requirements of the Contract.

(c) Irrigation systems that are damaged by the Contractor due to neglect shall be repaired by the Contractor. The Contractor shall be responsible for all costs incurred to repair and test the system.

Repairs shall be performed by the Contractor or the Contractors sub-contractor. All repairs shall be performed by qualified individuals using industry practices.

(d) The Contractor shall be responsible for notifying the Government in the event of operational malfunctions, breakages or failures to the irrigation system, which affect the Contractor’s ability to provide proper irrigation to building(s) landscaping. Failure to make timely notification to the COR shall result in the Contractor replacing the damaged landscaping.

2.8 Miscellaneous Requirements

The Contractor shall, at a minimum:

A. Ensure that the Contractor’s employees participate in building fire and civil defense drills.

B. Ensure that lost and found articles by the Contractor’s employees are turned in to the CO or their designee.

C. Ensure that the Contractor employees notify the security officer on duty when unauthorized or suspicious person(s), vehicle(s), or package(s) are seen on premises.

2.9 Safety, Health, and Accessibility

Work shall comply with the applicable requirements of OSHA, 29 C.F.R. § 1910 and State and local safety and health requirements. Where there is a conflict between applicable regulations, the most stringent shall apply. The contractor shall adhere to Architectural Barriers Act Accessibility Standards (ABAAS) requirements for all new procurements and installations related to this PWS.The Contractor shall ensure subcontractors comply with the requirements included herein, and shall promptly report violations by such subcontractors, or as otherwise observed, to the CO or their designee, or security personnel.

2.10 Hazard Communication Plan

The Contractor shall submit a hazard communication plan in accordance with the OSHA requirements in 29 C.F.R.

§ 1910.1200. The plan shall list all chemical products proposed to be used in the performance of the contract, and include current Safety Data Sheets (SDS requirements noted in Section 2.11) for each product. The plan shall include documentation of training for all Contractor staff in the plan and the hazard communication standard. The plan shall also identify the method of labeling the Contractor will use for all chemical product containers, including secondary dispensing containers used on site. The standard requires the Contractor to maintain a copy of their written Hazard Communication Plan onsite and it must be readily available to employees. The Hazard Communication Plan is due to the CO or their designee by the deadline in Exhibit 4.

2.11 Safety Data Sheets

All products used during the life of the contract must have Safety Data Sheets (SDS) provided to the CO or their designee prior to bringing and/or using these products on site. The Contractor shall use only commercially available products that meet Federal, State, and local codes. The SDS shall be available for inspection by the CO or their designee upon request.

3 Security Requirements and Personal Identity Verification Procedures (Non- Classified Contract) This contract incorporates once or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

A. FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

B. GSAR 552.237-71 QUALIFICATION OF EMPLOYEES (MAY 1989)

3.1 Fitness Determinations

A. All contractors requiring routine unescorted access to Federally-controlled facilities for more than 6 months (defined as long-term contractors) and/or information systems will be required to undergo a fitness determination before that contractor can work on a GSA contract. The long-term contractor must have an initial fit determination and have a Tier 1 or higher background investigation initiated in order to obtain a GSA Access Card. Long-term contractors cannot begin work on a GSA contract without at least an initial fit determination and cannot be escorted prior to obtaining an initial fit determination. After the initial fit determination and prior to the time that a GSA Access Card is issued, such long-term contractor will be required to comply with normal facility access control procedures, including sign-in, temporary badging, and escorted entry, as applicable.

B. Failure of a long-term contractor to receive a favorable fitness determination shall be cause for removal of the contractor from the work site and from other work in connection with the contract.

C. Long-term Non-United States citizen contractors (resident in the United States or its territories for less than three consecutive years) will complete the Special Agreement Check (SAC) if they need routine physical access and cannot start work or be escorted on a contract prior to a favorable SAC determination. A long-term non-US citizen contractor must apply for a long-term investigation and must receive a favorable fitness determination before the expiration of the prior SAC or the contractor must be removed from the GSA contract. After receiving a favorable SAC determination, long-term contractors will be required to comply with normal facility access control procedures, including sign-in, temporary badging, and escorted entry, as applicable.

D. Contract employees working greater than 15 days but less than 6 months (short-term contractors) must go through a Special Agreement Check (SAC) if they need routine physical access and cannot start work or be escorted on a contract prior to a favorable SAC determination. After receiving a favorable SAC determination, short-term contractors will be required to comply with normal facility access control procedures, including sign-in, temporary badging, and escorted entry, as applicable.

E. The Government, at its sole discretion, may grant initial fitness determinations to long-term contractors.

However, the granting of an initial fitness determination to long-term contractors shall not be considered as assurance that a final favorable fitness determination will follow.

F. The Contracting Officer or their designated representative shall provide the Contractor with required forms for obtaining necessary fitness determination. The Contractor shall be required to cause such forms to be returned to the Government for processing not later than 14 days following being provided by the Government.

G. The Contractor shall be responsible for planning and scheduling its work in such a manner as to account for facility access issues. Difficulties encountered by the Contractor in gaining access to facilities by its employees and subcontractors shall not be an excuse to any Contractor performance under the contract.

3.2 Identification Responsibility

A. Upon receipt of an initial fit determination and having a Tier 1 or higher background investigation initiated, long-term contractors can be issued a GSA Access Card permitting regular access to the building(s) where work is being performed.

B. Long-term contractors with a GSA Access Card shall be required to comply with all applicable access security screening procedures, for initial and subsequent recertification, applicable to Government or other personnel possessing similar Credentials.

C. All long-term contractors possessing GSA Access Cards shall visibly display their Credentials at all times while in the building(s) where work is being performed.

D. Long-term contractors shall be responsible for ensuring that all GSA Access Cards are returned to the Government within 24 hours when a particular long-term contractor or subcontractor will no longer be providing service under the contract at the building(s) covered by the Credential.

E. Long-term contractors shall notify the Government when GSA Access Cards are lost and/or stolen. In that event, the Contractor shall be responsible for reimbursing the Government for its cost in issuing a replacement GSA Access Card.

3.3 Escort Requirements

Only temporary contractors (work duration of 15 days or less) can be escorted. Contractors summoned for an emergency service call can be escorted as they are considered a temporary contractor. All short-term and long-term contractors shall obtain an appropriate favorable fitness determination before being allowed to work on a GSA contract and cannot be escorted prior to obtaining the appropriate favorable fitness determination. ALL temporary contractors shall be escorted in non-public spaces by a Government employee or another responsible cleared contract employee that is approved by the Contracting Officer or their designee. Other Government agencies may have specific agency security requirements for their own spaces that may only allow escort by Government employees or those designated by their agency.

Government employees or approved long-term contractors that provide escorts for temporary contractors must always be in close proximity and eyesight of the temporary contractor. The contract escort must watch temporary contractors and remain with temporary contractors for the entire time they are in the building and/or Federally-controlled spaces. A temporary contractor cannot be left alone or out of eyesight at any time when they are in non-public space. A long-term contractor that’s approved to escort may not bring temporary contractors into Federally-controlled space that is not within close proximity or eyesight at all times. A long-term contractor that’s approved to escort may not have multiple temporary contractors in non- public space on different parts of one floor or on different floors at the same time. Any security violation of escort requirements by a long-term contractor that's approved to escort temporary contractors will result in immediate removal from the contract of all contract employees involved, i.e., escorts and temporary contractors. Also, in accordance with security requirements, violations of escort requirements by any contractors may be grounds for termination of the contract.

3.4 Removal From Contract Work

Under the following conditions, the Contracting Officer or their designee may request the Contractor to immediately remove any employee(s) from the work site. When the Government determines an employee to be: incompetent, careless, insubordinate, unsuitable, or otherwise objectionable, or the Government deems an employee’s continued employment is contrary to the public interest, inconsistent with the best interests of security, or is identified as a potential threat to the health, safety, security, general well being, or operational mission of the facility and its population.

The Contracting Officer or their designee may also request the Contractor to immediately remove any employee(s) from the work site(s) when it is determined that individuals are being assigned to duty who have been disqualified for either an unfavorable background investigation or security reasons, or who are found to be unfit for performing duties during their tour(s) of duty.

The Contractor employees who are removed from contract work shall be required to leave the work site immediately.

The Contractor shall comply with any removal request. For clarification, a determination to remove an employee will be made for, but is not limited to, incidents involving the most immediately identifiable types of misconduct or delinquency, as set forth below:

A. Failure to receive a suitability determination, temporary clearance, or clearance from GSA or a tenant agency.

B. Violation of Federal, State, or local laws C. Conduct on Federal Property, 41 C.F.R. § 101-20.3. This includes the carrying or possession of explosives or items intended to be used to fabricate an explosive or incendiary device.

D. Neglect of duty, including sleeping while on duty, unreasonable delays, failure to carry out assigned tasks, conducting personal affairs during official time, refusing to render assistance, or cooperating in upholding the integrity of the security program at the work site.

E. Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records.

F. Disorderly conduct, uses of abusive or offensive language, quarreling, intimidation by words or actions, fighting, or participation in disruptive activities that interfere with the normal efficient operations of the Government.

G. Theft, vandalism, immoral conduct, or any other criminal action.

H. Selling, consuming, or being under the influence of intoxicants, drugs, or substances which produce similar effects while in or on Federally-controlled property.

I. Improper use of Government identification.

J. Unauthorized use of communication equipment on Government property.

K. Violation of security procedures or regulations.

L. Violation of Title 18, U.S.C., Section 930, which prohibits the knowing possession or the causing to be present firearms or other dangerous weapons in Federal facilities and Court facilities.

The Contracting Officer or their designee shall make all determinations regarding the removal of any employee(s) from the work site(s), except under certain conditions. The Contractor shall ensure that all cards and keys are returned to the government within 24 hours. When a Contracting Officer or their designee is not available (either during the day or after hours), in situations where a delay would not be in the best interest of the Government, or the employee is identified as a potential threat to the health, safety, security, general well being, or operational mission of the facility and its population, Federal Law enforcement officers of the Department of Homeland Security (DHS) /Immigrations and Customs Service (ICE)/Federal Protective Service (FPS)/U.S. Marshals Service (USMS) will have the authority to immediately remove any contract employee from the work site. The Contracting Officer or their designee shall be notified as soon after the incident as practical or at the beginning of the next business day if an action happened after hours. The Contracting Officer or their designee shall make all official notifications to the Contractor. In the event of a dispute, the Contracting Officer or their designee shall make a final determination.

Specific reasons for removal of an employee(s) will be provided to the Contractor in writing.

The Contractor is responsible for providing replacement employees in cases where contract employees are removed from working at the work site or on the contract.

3.5 Safeguarding and Dissemination of Controlled Unclassified Information General This subsection applies to all recipients of Controlled Unclassified Information (CUI), including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers and manufacturers. Dissemination of sensitive but unclassified paper and electronic building information shall be made on a need to know basis in accordance with GSA Order PBS P 3490.3 Security for Sensitive Building Information Related to Federal Buildings, Grounds, or Property.

Marking CUI Contractor-generated documents that contain building information shall be reviewed by the CO/COR to identify any CUI content, before the original or any copies are disseminated to any other parties. If CUI content is identified the CO or designee shall direct the Contractor, as specified elsewhere in this Contract, to imprint or affix CUI document markings to the original documents and all copies, before any dissemination.

Authorized Recipients Building information designated CUI shall be protected and controlled by strictly limiting access to those individuals having a legitimate business need to know such information. Those with a need to know shall include Federal, state https://www.gsa.gov/directives-library/security-for-sensitive-building-information-related-to-federal-buildings-grounds-or-property-1 and local Government entities, and non-Government entities engaged in the conduct of business on behalf of or with GSA. Non-Government entities shall 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 shall be registered as “active” in the System for Award Management (SAM) database. If a subcontractor is not registered in the SAM and has a need to possess CUI building information, the subcontractor shall provide to the Contractor its DUNS number or its tax ID number, a copy of its business license and a valid state driver’s license with photograph or other valid IDs with photograph. The Contractor shall keep this information related to the subcontractor for the duration of the Contract and subcontract.

All GSA personnel and Contractors shall 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 for the issuance of building permits. Public safety entities such as fire and utility departments shall require access to CUI building information on a need to know basis. This clause shall not prevent or encumber the dissemination of CUI building information to public safety entities.

Dissemination of CUI Building Information

A. By Electronic Transmission: Electronic transmission of CUI information outside of the GSA network shall use session encryption (or alternatively, file encryption). Encryption shall be via an approved NIST algorithm with a valid certification, such as Advanced Encryption Standard (AES) or Triple Data Encryption Standard (3DES), in accordance with Federal Information Processing Standards Publication (FIPS PUB) 140-2, Security Requirements for Cryptographic Modules per GSA policy.

B. By Non-electronic Form or on Portable Electronic Data Storage: Portable electronic data storage devices include CDs, DVDs, and USB drives. Non-electronic forms of CUI building information include, among other formats, paper documents.

C. By Mail: Contractors shall use only methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt.

D. In Person: Contractors shall provide CUI building information only to authorized recipients with a need to know such information.

Record Keeping Contractor shall maintain a list of all entities to which CUI is disseminated. This list shall 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 legitimate business need to know 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 shall 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 shall be withheld until the lists are received.

Safeguarding CUI Documents CUI building information (both electronic and paper formats) shall be protected. GSA Contractors and subcontractors shall 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 shall be limited to those with a legitimate business need to know.

Destroying CUI Building Information

When no longer needed, CUI building information shall be destroyed so that marked information is rendered unreadable and incapable of being restored, in accordance with guidelines provided for media sanitization within GSA CIO 2103.1 Controlled Unclassified Information (CUI) Policy and Appendix A of NIST Special Publication 800- 88, Guidelines for Media Sanitization. Alternatively, CUI building information may be returned to the CO.

Notice of Disposal The Contractor shall notify the CO that all CUI building information has been returned or destroyed by the Contractor and its subcontractors or suppliers with the exception of the Contractor's record copy. This notice shall be submitted to the CO at the completion of the Contract to receive final payment. The Contractor may return the CUI documents to the CO rather than destroying them.

Incidents All improper disclosures of CUI building information must be reported immediately to the CO. If the Contract provides for progress payments, the CO shall withhold approval of progress payments until the Contractor provides a corrective action plan explaining how the Contractor shall prevent future improper disclosures of CUI building information. Progress payments shall 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 shall rectify any noncompliance and comply with the clause in the future.

3.6 Prohibited Telecommunications Equipment

The contractor shall comply with Section 889 of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019. Section 889 of the NDAA includes two prohibitions regarding certain telecommunications and video surveillance equipment and services (telecom).

3.7 Recording Presence

Each contract employee and subcontractor must sign-in when reporting for duty and sign out when leaving at the end of the workday. GSA Form 139 (Record of Time of Arrival and Departure from Building, which is only designated for use by the Contractor’s personnel), shall be used for this purpose.

4 Administrative Requirements The following administrative requirements include common, overarching policies and procedures that apply to this specification. This list below is not all inclusive.

4.1 Other Contractors

The Government may undertake or award other contracts for additional work, and the Contractor shall fully cooperate with the other Contractors or Government employees. The Contractor shall carefully schedule their own work, in conjunction with the additional work, which may be directed by the CO or their designee. In addition, the Contractor shall not commit or permit any act, which will interfere with the performance or work by another Contractor, or by Government employees.

4.2 Ordinances, Taxes, Permits and Licenses

Without additional expense to the Government, the Contractor shall fully comply with: (a) all Federal. State local, and city laws, and regulations and ordinances, (b) be liable for all applicable Federal, state and local taxes and (c) obtain and pay for all permits and licenses governing performance under the contract.

https://www.gsa.gov/reference/forms/record-of-arrival-and-departure-from-buildings-during-security-hours

4.3 Discrepancy in the Specifications

In any case of discrepancy in the specifications, the matter shall be immediately submitted to the CO. The decision of the CO as to the proper interpretation of the specifications shall be final, in accordance with the Disputes Clause of this contract.

4.4 Federal Requirements

The Contractor shall comply with all applicable governance documents, including, but not limited to Federal, State and local laws, regulations, and codes. The Contractor is responsible for obtaining access to all referenced documents at their own expense. The Contractor shall obtain all applicable licenses, training, and permits. If a change in law and/or regulation requires the Contractor to implement an action that will result in an increase or decrease in contract price, the Contractor shall implement the required action and within 30 calendar days, submit to the CO a price proposal for such change.