Charleston IDIQ C101 SBSA_GC_Agreement.pdf

GSA Solicitation No. 47PD0123R0023 Charleston East Repair and Alteration (R&A) Single Award IDIQ

Document: C101-SB-GC/MARCH 2023 (The Agreement)

[Construction Contract for: Charleston East Repair and Alteration (R&A) Single Award Indefinite Delivery / Indefinite Quantity (IDIQ) The Agreement

Table of Contents

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

II. Prices

A. Basis of Pricing B. Contract Price Form

III. Terms and Conditions

A. Commencement, Prosecutions and Completion of Work B. Contractor Responsibilities C. Submittals D. Finality of Contract Modifications E. Liquidated Damages F. Insurance Requirements G. Order of Precedence H. Administrative Matters I. Non-Compliance with Contract Requirements J. Requirements for GSA Information Systems K. Options and Allowances L. Additional Terms and Conditions

IV. Contract Clauses

A. Clauses Incorporated in Full Text

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

Service and Construction Contracts (SEP 2013)

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

Content for EPA-Designated Items (MAY 08)

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

2021)

4. GSAR 552.252-6 Authorized Deviations in Clauses (NOV

2021)(Deviation FAR 52.252-6)

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

(NOV 2021)

6. Buy American Requirements

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

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

Subcontractors (NOV 2021)(DEVIATION APR 2020)

9. FAR 52.219-14, Limitations on Subcontracting (SEP 2021)

10. Contract Clauses

11. Additional Clauses

i. FAR 52.222-30, Construction Wage Rate Requirements- Price Adjustment (None or Separately Specified Method) (Aug 2018)

ii. GAR Clause 552.236-70, Authorities and Limitations (Mar 2019)

iii. GSAR clause 552.236-73, Subcontracts (Apr 1984)

iv. GAR clause 552.243-71, Equitable Adjustment (Mar

2019)

v. FAR 52.222-62, Paid Sick Leave under Executive Order

13706 (Jan 2017)

12. Special 8(a) Requirements

13. FAR 52.244-5, Competition in Subcontracting (DEC 96)

B. Clauses Incorporated by Reference C. Subcontract Requirements

I. Project Information I.A. Project Summary This Indefinite Delivery Indefinite Quantity (IDIQ) Single-Award Term Contract is to provide general construction services throughout eastern West Virginia for the Charleston Field Office. The Government intends to award one (1) single contract under this solicitation in accordance with FAR 19.5. This procurement will be a total small business set-aside for 8(a) small-business. The applicable NAICS code is 236220 (Commercial and Institutional Building Construction. The annual small business size standard is $45 million.

The individual orders to be placed under the contracts will range in value from $2,000 to Simplified Acquisition Threshold of $250,000 as defined in FAR 2.101. However, individual orders may be placed outside of this range at the discretion of the Contracting Officer. The contract duration will be one (1) base year with four (4) one-year options with the possibility of an extension of performance up to an additional six (6) months, in accordance with FAR 52.217-8. The anticipated aggregate Maximum Ordering Limit (MOL) for this contract vehicle is $5,000,000.00. There is no annual MOL.

An IDIQ is a type of contract that provides for an indefinite quantity of supplies or services during a fixed period. The selected Single Award IDIQ General Contractor (GC) shall supervise, administer, perform, and contract all construction activities required to complete construction projects within eastern West Virginia. Construction activities for the anticipated solicitation include but are not limited to commercial office construction and/or renovations / repairs, MEP (Mechanical / Electrical), repairs / modifications / replacement, fire sprinkler systems repairs / modification/replacement, sitework, exterior construction repair and alterations (including facades and roofs), demolition (including abatement of hazardous materials), elevator modernizations and any other construction activities the government may require.

The GC may be required to utilize the following delivery methods to deliver projects for the GSA;

1. Design/Bid/Build (DBB) Traditional

2. Design/Build (D/B) The geographic area of work to be completed under this contract includes the following counties of West Virginia:

Raleigh, Mercer, Fayette, Nicholas, Randolph, Harrison, West Virginia, and Berkeley Counties and Ohio County in West Virginia. However, individual orders may be placed outside of this geographic area at the discretion of the Contracting Officer.

The contract will include by reference the most current version of the Facilities Construction Costs Book with RSMeans Data (referenced hereafter as “RSMeans Book”).

The Government intends to utilize the RS Means Line Items in connection with the awardee RS means Locality. Coefficient (referenced hereafter as “Locality Bid Factor”) to award future task orders. The Bid Factor shall apply to the entirety of the RSMeans Line Items.

Attached by reference is “Charleston West Line Items” which will be included and part of the contract at award. GSA intends to have the awardee price these line items using their accepted RSMeans bid coefficient following contract award.

The government intends to award one (1) contract to the selected firm whose offer is considered to be the best value to the Government considering price and other non-price factors.

Task Order Pricing - For individual task orders, the government intends to utilize RSMeans Line Item pricing for all task orders. However, the Government may utilize either RSMeans Line Item pricing or Lump Sum Proposals at the discretion of the Contracting Officer. Instructions shall be provided to the awardee in all Requests for Proposal (at the task order level).

The two award methods [RSMeans Line Items and Lump Sum Competitive Proposals] shall not be used simultaneously on any future task order. The solicitation at the task order level will clearly define which method will be utilized.

The Bid Factor(s) is the maximum coefficient (i.e. multiplying factor) that the selected awardee may apply on future task orders. However, an offeror may elect to provide a discount at the task order level for a competitive advantage. When using the Bid Factor no other markups may be applied. The Bid Factor shall be utilized through the base period and all option periods (i.e. the potential total five-year Indefinite Delivery Indefinite Quantity (IDIQ) Contract).

I.B. The Contract

(1) The Contract consists of the SF-1442, the Agreement, the Statement of Work, Specifications, Drawings, Exhibits, Amendments, Modifications, and other Attachments identified herein (collectively, the Contract Documents). The Contract contains the entire agreement of the Parties, and no prior written or oral agreement, express or implied, shall be admissible to contradict or modify any part of the Contract.

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

I.C. Period of Performance Base IDIQ Contract The Ordering Period of this contract will begin on the date the award is made unless otherwise stated on the contract award.

The contract duration will be one (1) base year with four (4) one-year options with the possibility of an extension of performance up to an additional six (6) months, in accordance with FAR 52.217-8. The first ordering period is expected to begin on or about September 25, 2023.

The Contract will include 4, 1 year Option Periods IAW FAR 52.217-9 “Option to Extend the Term of the Contract.”

FAR 52.217-8 “Option to Extend Services” is also included and will allow the government to extend the contract an additional 6 months if necessary.

Task Orders may be placed under this contract from the date of award through the expiration date of this Indefinite Delivery Indefinite Quantity (“IDIQ”) contract or until the MOL is reached.

For Task Orders

(1) Commencement. The Contractor shall commence performance of the Work within 10 days after the Contractor receives the Notice to Proceed (NTP).

(2) Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, no later than _**_ calendar days from issuance of Notice to Proceed (NTP).

**Substantial Completion dates may be established for individual task orders.

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

**Contract Completion dates shall be established for individual task orders.

I.D. Work Conditions/Site Requirements Knowledge of Conditions Affecting Price. Clauses FAR 52.236-27, Site Visit - Construction, FAR 52.236-3, Site Investigations and Conditions Affecting the Work, 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.

Contractors are urged and expected to inspect the site where the work will be performed.

Task Orders will provide instructions on how and when visits may be conducted.

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). In the event the discussion or questions raised during the site visit or pre-proposal conference indicate a need to modify the Request for Proposals, an amendment to the solicitation will be issued in writing.

The discrete work sites will be determined at the task order. Typically all work conditions and site requirements will be defined in the statement of work and/or the specification division 01, unless otherwise stated at the task order.

The Contractor shall be presumed to have established its bid factor and task order proposal with knowledge of general and local conditions that may affect the cost of Contract performance at the site where the Work is to be performed, to the extent that such information is reasonably obtainable.

I.E. Authorized Representatives

(1) This Contract is between the United States of America, acting by and through the Administrator of General Services (GSA), and the Contractor (the Parties). References in this Contract to "the Owner" or "the Government" shall be understood to refer to GSA.

The following individual is designated as the only authorized GSA representative under this Contract, unless other warranted contracting officers are designated in writing:

Authorized Representative Information:

Contracting Officer’s Information Name: Patrick Spellman Address: 100 Independence Mall West, Philadelphia, PA 19106 Telephone: 215-606-1755 Email: Patrick.spellman@gsa.gov Alternate POC Information Name: George Garcia Address: 100 Independence Mall West, Philadelphia, PA 19106 Telephone: 215-313-1692 Email: George.garcia@gsa.gov

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

I.F. Contract Liquidated Damages Rate In accordance GSAR 552.211-12, Liquidated Damages – Construction, in Section IV of this Agreement , liquidated damages shall be calculated at the Task Order level.

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

I.H. Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments The following documents are incorporated by reference into this Contract.

1. SF 1442

2. Supplement to SF 1442 (Bid Factor Sheet)

3. Any amendments to the Solicitation

Please note: Statement of Work; Specifications; Construction Drawings; Site Conditions;

Exhibits; Wage Determination; and any other applicable attachments shall be identified at the Task Order Level.

II. Prices II.A. Basis of Pricing

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

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

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

(4) Options. If any portion of the Work is to be performed upon the timely exercise of an Option, the Option Price shall include all costs of coordinating and incorporating the Option-priced portion of the Work into the Base Contract Work. An adjustment to the Contract price for such additional work shall be computed solely on the basis of the Option price or prices set forth herein. Unless otherwise specified, all options may be exercised within 90 days of Contract award.

(5) Bid Rates. If this Contract includes Bid Rates to be used in determination of equitable adjustments (e.g., overhead, profit, daily rates for time-related costs), such rates shall be deemed to include all costs recoverable as components of an equitable adjustment consistent with the requirements, definitions, and exclusions applicable to equitable adjustments set forth in this Contract, and consistent with the Contractor's cost accounting practices. Unless otherwise specified, the bid rates shall be deemed to include only the Contractor's costs, and not the costs of any subcontractors.

II.B. Contract Price Form Offerors shall submit a signed bid/offer for the locality Bid Factor(s) defined below for the potential total five-year IDIQ Contract.

Information on Contract Pricing The RS Means Locality Coefficient (Bid Factor) pricing for this contract will be based upon the most current Facilities Construction Costs Book with RSMeans Data (referred to as “RS Means Book”). The RS Means Book will be used for the duration of this Contract. The version of RS Means Book that is current on the date of contract award shall be utilized until each option period is exercised. Thereafter, the calendar year edition/version of the RS Means Book that is current on the date that each option is exercised shall be utilized. This book may be purchased through:

RS Means 1099 Hingham Street, Suite 201 Rockland, MA 02370

1-800-334-3509 https://www.rsmeans.com/products/books.aspx

Please see the attached SF 1442 and Bid Sheet.

The Charleston West IDIQ Line Items are based on the 2023 Facilities Construction Cost with RSMeans Data Book (“RS Means Book”). The IDIQ Line items in conjunction with the RS Means Book will be used for the duration of this Contract. The version of RS Means Book that is current on the date of contract award shall be utilized until each option period is exercised. Thereafter, the calendar year edition/version of the RS Means Book that is current on the date that each option is exercised shall be utilized. This book may be purchased at https://www.rsmeans.com/products/books.aspx.

The “Total Incl O&P” Cost from the RS Means Book, when multiplied by the Offeror’s proposed Bid Factor, 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”.

NOTES:

1. Any adjustment for location (i.e. City Cost Index) must be included in the offeror’s Bid

Factor. For this IDIQ contract one (1) locality based Bid Factor shall be used (please see below).

EXAMPLE: A Bid Factor of 0.85 would result in 85 percent of the listed Subtotal Cost when establishing task order pricing; and 1.00 would leave the actual Subtotal Cost values as your proposed task order pricing; and 1.15 would result in an additional 15 percent of the listed. Subtotal Cost as your task order proposed pricing.

2. Division 1 – General Requirements section from the RS Means Book will NOT be allowed when pricing task orders under the contract. Any consideration for Division 1

– General Requirements must be included in the offerors bid factor.

3. Assemblies Section from the RS Means Book will NOT be allowed when pricing task orders under the contract

4. The Bid Factors are proposed as a percentage (in decimal format) increase or decrease to the RS Means Book. The offeror shall limit the Bid Factors to three (3) decimal places.

5. The offeror shall propose one (1) Bid Factor per location (see bid sheet) for the potential total five-year Indefinite Delivery Indefinite Quantity (IDIQ) Contract.

6. The offeror’s Bid Factors must be ALL INCLUSIVE and shall include, but is not limited to, the following costs:

1. Labor (Both during Normal Work Hours and Outside of Normal Work Hours)*

2. Materials

3. Equipment

4. Subcontractor costs

5. Subcontractor mark-ups

6. General / Prime Contractor Overhead

7. General / Prime Contractor Profit and risk

8. Bond premiums

9. Social security contributions

10. General insurances

11. Workman’s compensations insurance

12. State unemployment insurance

13. Federal unemployment insurance

14. Mobilization and demobilization costs

15. Site cleanup

16. Supervision

17. Quality control

18. Transportation of contractor’s personnel to, from, and within the job site

19. Shipping of all materials to the jobsite

20. Lodging and per-diem

21. Adjustment factors to account for small jobs

22. Incidental tools and equipment

23. Submittals

24. Job Order preparation costs

25. All contingencies

26. All Division 1 - General Requirements

27. All requirements of the Contract

*Davis Bacon Wage Determinations will be included in the contractor’s bid factor.

III. Terms and Conditions III.A. Commencement, Prosecution, and Completion of Work FAR 52.211-10, Commencement, Prosecution, and Completion of Work and GSAR 552.211-10, Commencement, Prosecution and Completion of Work is supplemented as follows:

The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of the Work, as defined in GSAR 552.211-70 Substantial Completion (Mar 2019) and the time specified in Section I (Project Information), “Period of Performance” clause. If the Contract specifies different completion dates for different phases or portions of the Work, the Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of such phases or portions of the Work within the times specified.

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

(1) The Contractor shall secure and pay for all necessary permits and governmental fees, licenses, and inspections that are customarily secured after award of the Contract and that are legally required at the time of award. The Contractor shall provide a copy of the permits required for execution of the work to the Contracting Officer prior to commencement of any related work.

III.C. Submittals FAR 52.236-21, Specifications and Drawings for Construction, GSAR 552.236-72, Submittals located in Section IV.A. of the Agreement is supplemented as follows:

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

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

III.E. Liquidated Damages Liquidated damages, when applicable, will be addressed at the task order level.

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

III.F. Insurance Requirements

(1) The Contractor shall obtain and maintain for the entire life of the Contract, in addition to any insurance required by law, the following minimum kinds and amounts of insurance required pursuant to FAR clause 52.228-5, Insurance – Work on a Government Installation, and GSAR 552.228-5, Government as Additional Insured.

(a) Workers' compensation insurance in the amount required by the jurisdiction in which the Contract is performed. The Contractor shall obtain Employers' liability coverage of at least $100,000. If occupational diseases are not covered by workers' compensation insurance, Employers' liability coverage shall include occupational diseases.

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

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

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

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

(1) Section IV of the Agreement

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

(3) The Statement of Work

(4) The Specifications

(5) The Drawings

(6) Exhibits and Other Attachments

III.H. Administrative Matters

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

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

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

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

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

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

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

Construction Contract;

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

(iv) Additional documentation:

Special Payment Instructions for IDIQ Contracts:

1. Typically, a single payment for all work performed for each delivery order valued that has a period of performance less than 1 month will be made upon formal inspection and acceptance. However, the Contractor is entitled to monthly payments as the work proceeds. Consequently, where the time for completion of the work to be performed exceeds one month or when unanticipated delays occur, a progress payment to the Contractor may be issued.

2. The Contractor is required to bill the ordering agency in accordance with the billing instructions furnished on the ordering agency's delivery order. The ordering agency is responsible for timely payment and for resolving any billing problems in regard to orders they place. * Normally, a single payment for all work performed for each task order will be made upon formal inspection and acceptance. However, the 2,500Contractor is entitled to monthly payment as the work proceeds. Consequently, where the time for completion of the work to be performed exceeds one month or when unanticipated delays occur, a progress payment to the Contractor may be issued.

3. Weekly Certified Payrolls are required for all task orders that exceed $2,500.00.

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

(a) Progress Payments: 14 days

(b) Subsequent Subcontractor Payments: 7 days

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

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

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

https://finance.ocfo.gsa.gov/pii/piinotice.aspx?token=PI002

(b) To obtain an EOD determination, Contractor shall submit for all such personnel fingerprints on Form SF87 and a completed Contractor Information Worksheet (CIW).

Detailed information is available at GSA Access Card . USAccess Credentialing Centers can be located at US Access Centers .

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

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

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

1. Authorized recipients.

a. Building information designated as CUI must be protected with access strictly controlled and limited to those individuals having a Lawful Government Purpose to access such information, as defined in 32 C.F.R. § 2002.4(bb). Those with such a Lawful Government Purpose may include Federal, state and local government entities, and non-governmental entities engaged in the conduct of business on behalf of or with GSA. Non-governmental entities may include architects, engineers, consultants, contractors, subcontractors, suppliers, utilities, and others submitting an offer or bid to GSA, or performing work under a GSA contract or subcontract. Recipient contractors must be registered as “active” in the System for Award Management (SAM) database at www.sam.gov, and have a Lawful Government Purpose to access such information. If a subcontractor is not registered in the SAM database and has a Lawful Government Purpose to possess CUI building information in furtherance of the contract, the subcontractor must provide to the contractor its DUNS number or its tax ID number and a copy of its business license. The contractor must keep this information related to the subcontractor for the duration of the contract and subcontract.

b. All GSA personnel and contractors must be provided CUI building information when needed for the performance of official Federal, state, and local government functions, such as for code compliance reviews and the issuance of building permits. Public safety entities such as fire and utility departments may have a Lawful Government Purpose to access CUI building information on a case-by-case basis. This clause must not prevent http://www.gsa.gov/portal/category/107203 http://www.fedidcard.gov/centerlist.aspx https://www.archives.gov/files/cui/20161206-cui-marking-handbook-v1-1.pdf or encumber the necessary dissemination of CUI building information to public safety entities.

2. Dissemination of CUI building information:

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

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

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

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

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

4. Safeguarding CUI documents. CUI building information (both electronic and paper formats) must be stored within controlled environments that prevent unauthorized access.

GSA contractors and subcontractors must not take CUI building information outside of GSA or their own facilities or network, except as necessary for the performance of that contract. Access to the information must be limited to those with a Lawful Government Purpose for access.

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

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

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

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

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

III.J. Requirements for GSA Information Systems In accordance with GSAR 511.171, Requirements for GSA Information Systems:

(a) CIO Coordination. The contracting officer shall ensure the requirements office has coordinated and identified possible CIO policy inclusions with the GSA IT prior to publication of a Statement of Work, or equivalent as well as the Security Considerations section of the acquisition plan to determine if the CIO policies apply. The CIO policies and GSA IT points of contact are available on the Acquisition Portal at https://insite.gsa.gov/itprocurement.

(b)GSA Requirements. For GSA procurements (contracts, actions, or orders) that may involve GSA Information Systems, excluding GSA’s government-wide contracts e.g.

Federal Supply Schedules and Governmentwide Acquisition Contracts, the contracting officer shall incorporate the coordinated Statement of Work or equivalent including the applicable sections of the following policies into solicitations and contracts:

(1)CIO 09-48, IT Security Procedural Guide: Security and Privacy IT Acquisition Requirements; and mailto:gsa-ir@gsa.gov https://www.acquisition.gov/gsam/part-511#GSAM_511_171 https://insite.gsa.gov/itprocurement

(2)CIO 12-2018, IT Policy Requirements Guide.

(c)Waivers.

(1) In cases where it is not effective in terms of cost or time or where it is unreasonably burdensome to include CIO 09-48, IT Security Procedural Guide: Security and Privacy IT Acquisition Requirements or CIO 12-2018, IT Policy Requirements Guide in a contract or order, a waiver may be granted by the Acquisition Approving Official in accordance with the thresholds listed at 507.103(b), the Information System Authorizing Official, and the GSA IT Approving Official.

(2)The waiver request must provide the following information- (A)The description of the procurement and GSA Information Systems;

(B)Identification of requirement requested for waiver;

(C)Sufficient justification for why the requirements should be waived; and (D)Any residual risks that will be encountered by waiving the requirements.

(3)Waivers must be documented in the contract file.

(d)Classified Information. For any procurements that may involve access to classified information or a classified information system, see subpart 504.4 for additional requirements.

III.K. Options and Allowances This Contract shall have a base period of one (1) year plus four (4) one (1) year option periods, which may be exercised in accordance with the provisions contained herein.

GSAR 552.236-74, Evaluation of Options (MAR 2019) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will obligate the Government to exercise the option(s).

(End of provision) GSAR Clause 552.236-77, Government’s Right to Exercise Options (Mar 2019)

(a) The Government may exercise any option in writing in accordance with the terms and conditions of the contract within 30 days of contract expiration. Unless otherwise specified, options may be exercised within 90 calendar days of contract award.

https://www.acquisition.gov/gsam/part-507#GSAM_507_103 https://www.acquisition.gov/gsam/part-504#GSAM_Subpart_504_4

(b) If the Government exercises the option, the contract shall be considered to include this option clause.

(End of clause) GSAR 552.236-75, Evaluation Exclusive of Options (Mar 2019)

The Government will evaluate offers for award purposes by including only the price for the basic requirement. Options will not be included in the evaluation for award purposes.

(End of provision)

FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.

This includes FAR 52.217-8, Option to Extend Services. Evaluation of FAR 52.217- 8 will be accomplished by using the prices offered for the last 6 months of the last option period to determine the price for a 6-month option period, which will be added to the base and other option years to arrive at the total price. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision) FAR 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days before contract expiration.

(End of clause) FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days of contract expiration provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of clause) III.L. Additional Terms and Conditions

Special Provisions for IDIQ Contracts:

FAR 52.216-27 – SINGLE OR MULTIPLE AWARDS (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of provision) Special Terms and Conditions for IDIQ Contracts:

(i) Flow Down to Task Orders: IAW FAR 52.216-18 All task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(ii) Project/Task Order Requirements: Task order solicitations will be issued with Statements of Work (SOW) and/or Construction Documents (Drawings, Specifications, Reports, Surveys, etc) that will include all applicable conditions and requirements for work to be performed. This includes but is not limited to:

Location, Period of Performance, Liquidated Damages, Bonding Requirements (Bid/Payment/Performance), Applicable Wage Determinations, Scope, Site and Work Conditions, Accessibility to the Site, Existing Conditions, Site Protection, Safety Requirements, etc.

(iii) Guaranteed Minimum: The guaranteed minimum amount under the proposed contract is $2,500 for the initial year or base period of each contract. If the awardee does not receive an order, or several orders, totaling $2,500 or more during the initial year/base period of the contract, the Government will be obligated to pay that awardee the guaranteed minimum amount of $2,500.

Awardee shall submit invoice to GSA within 30 days of the end date of the first ordering period (Base Period) if they have not received any orders meeting the guaranteed minimum.

(iv) Order Splitting: Delivery orders shall not be split into several orders to avoid compliance with the ordering limits defined in FAR 52.216-19 “Ordering Limitations”.

(v) Ordering Officials: Warranted GSA Contracting Officers (CO) may place orders valued within their authority against this contract.

(vi) Contracting Officer Representatives (COR): The contracting officer may appoint a COR by written notice for future task orders. The appointment will specify the roles and responsibilities delegated from the CO to the COR and the awardee will receive a copy of the appointment letter with all awards.

(vii) Orders: All orders will be issued via form GSA 300 or SF-1442.

(viii) Ordering Procedures: The government will place orders against this instrument utilizing one of the 2 following procedures described below. Whatever procedure the GSA decides to use the contractor will be given either a Statement of Work, Performance Work Statement, Drawings and

Specifications, or a combination of all. The GSA will provide any other information the contractor needs to successfully bid the project.

For individual task orders, the government intends to utilize RSMeans Line Item pricing for all task orders.

a. Line Items, RS Means and Coefficients

i. When using line items, RS means and coefficients the offeror shall submit their proposal using either the provided line items, RSMeans Software, Cost Books or Costwork CDs (if applicable), or a combination of both. The proposal shall be submitted in the CSI MasterFormat and Work Breakdown Structure. The proposal shall include all items needed to complete the work including but not limited to the Line Number, Description, Unit of Measure, Unit Price, Quantity and Extended Price. The contractor shall apply the Bid Factor to the RSMeans pricing. The Bid Factor included in the contract is the maximum Bid Factor for the base and all option years.

The bid factor may be discounted or negotiated at the task order level.

b. Negotiated Proposal

i. When offering Negotiated Proposals, the contractor shall provide

Other than Certified Cost or Pricing Data including but not limited to all material, labor, supervision and markup costs to perform the work including subcontractor costs. The contractor shall to the maximum extent practical provide multiple subcontractor quotes IAW FAR 52.244-5 if they are not self-performing any or all of the work.

Subcontractor work that is not competed is subject to Other than Certified Cost or Pricing Data. When providing a negotiated proposal, the contractor is bound the HOOH, Profit, B&I and Supervision Rates included in the contact award. These are maximum markups and rates for the base and all option years. They may be discounted or negotiated at the task order level.

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

(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 http://www.biopreferred.gov/ http://www.sam.gov/ 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…