E OK Express Menu R7GSAIDIQ Agreement 5.10.22.docx

GSA Solicitation No. 47PH0822R0012 5/10/22

Region 7 Single Award Express Menu Indefinite Delivery/Indefinite Quantity Small Project Construction Services

Eastern Oklahoma

The Agreement

PERIOD OF PERFORMANCE:

One Year Base Period, with Four One-Year Follow-on/Periods

Base Year: 08/01/2022 – 07/31/2023 Follow On Year 1: 08/01/2023 – 07/31/2024 Follow On Year 2: 08/01/2024 – 07/31/2025 Follow On Year 3: 08/01/2025 – 07/31/2026 Follow On Year 4: 08/01/2026 – 07/31/2027

The contract is 100% set aside for Historically Underutilized Business Zone (HUBZone) Small Business Contractors.

The General Services Administration (GSA) is setting aside the subject contract under the following clause FAR 52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award.

Table of Contents

G. Order of Precedence H. Administrative Matters I. Non-Compliance with Contract Requirements J. Safeguarding Sensitive Data and Information Technology Resources

N. Substantial Completion and Contract Completion O. Use and Possession Prior to Substantial Completion

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

I. Contract Information

I.A. Project Summary

This is for one (1) Single Award Indefinite-Delivery Indefinite-Quantity (IDIQ) contract for construction services to provide for various repairs, alterations, and renovations to federally owned and leased facilities serviced by the Greater Southwest Region 7 of the General Services Administration (GSA) and located throughout Eastern Oklahoma. Construction services under this contract may consist of any or all interior and exterior building construction, and repair and alterations including but not limited to demolition, architectural, structural, mechanical, electrical, plumbing, communications, fire suppression or notification, landscaping incidental to repair or alteration, storm drainage, exterior renovations, earthwork, pavement, or other miscellaneous civil work, and shall be limited to those items listed in RSMeans. A Single award will be made for the following geographic area:

Eastern Oklahoma (Muskogee and Tulsa)

The work will be performed when authorized by properly executed Task Orders (GSA300)s which will be issued from time to time for various quantities and types of work provided for in this contract. This authorized work shall be performed only at Government-owned buildings and/ or Government-leased space where GSA has either repair responsibility or authority. This Contract is for a 12-month Base Year Period and Four (4) One (1) Year Options. The North American Industry Classification (NAICS) Code for this project is: 236220, size standard $39.5 million.

The Maximum Ordering Limitation is $3,000,000 per contract per year.

The scope of work for the projects executed by Task Orders under the Contract includes various construction improvements requiring the contractor to furnish all the necessary supervision, labor, parts, tools, materials, equipment, all required employee security clearances, etc., (except as may otherwise be provided for in the specifications).

I.B. The Contract

(1) The Contract consists of the SF 1442 & Supplement, the Agreement, the Statement of Work, 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.

(3) This is a single award contract; therefore, the Contractor is obligated to respond to all requests for proposals and shall perform any and all work ordered under this contract.

I.B.1 Geographic Areas Primary Area of Performance The primary contract geographic area will be as follows (one Single Award IDIQ Contract will be awarded for the following geographic area):

Eastern Oklahoma (Muskogee and Tulsa) Eastern Oklahoma consists of the following counties:

Osage, Washington, Nowata, Craig, Ottawa, Pawnee, Tulsa, Rogers, Mayes, Delaware, Creek, Wagoner, Cherokee, Adair, Okfuskee, Okmulgee, Muskogee, Sequoyah, Mcintosh, Hughes, Pittsburg, Haskell, Latimer, Le Flore, Coal, Atoka, Pushmataha, Johnston, Marshall, Bryan, Choctaw, and McCurtain.

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

Secondary Area of Performance

a. On an occasional basis, or in an emergency situation, work may also include locations in the Secondary Contract Areas. The Secondary Contract Areas consist of the States of Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. The Secondary Contract Areas are, or may be, awarded as Primary Contract Area(s) under separate contract(s) to other contractors. In addition, the Secondary Contract Areas of this contract may also be Secondary Contract Areas under other contracts.

b. Services shall be provided under this contract within the Secondary Contract Areas only if ordered by the Government. However, the Government shall have no obligation to order services to be performed under this contract within the Secondary Contract Areas, and its failure to order any such services shall not breach or otherwise violate this contract. The contractor is not obligated to perform work within the Secondary Contract Areas, and its failure to accept any such services shall not breach or otherwise violate this contract.

I.B.2 Contract Values The awarded Contractor will be guaranteed a minimum of $1,000.00 for the entire contract duration (maximum potential of five (5) years) to be executed ONLY during the base year, which can be satisfied by the award of one or more Task Orders during the respective Contract period. In the event a firm receives awards of less than this guaranteed minimum, the Government will reimburse the Contractor for the difference between the actual obligation and the guaranteed minimum. The maximum value is $3,000,000 per contract per year. Refer to Section IV.A. FAR 52.216-19 (Order Limitations) which specifies Task Order limitations.

If the Government’s requirements for construction set forth in the Contract do not result in Task Orders in the amounts described throughout the Contract as estimated or maximum dollar values, the event shall not constitute the basis for an equitable price adjustment under any resultant Contract.

I.C. Period of Performance IDIQ Contract: The Initial Contract period shall be for a period of twelve (12) months from the date of contract award, thereafter, with four, one-year options that may extend the period of performance for an additional 1 year for each option, if exercised for a total of 5 years. Task Orders may be placed under this Contract from the date of award through the expiration date of said Contract.

Task Orders: Period of performance for Task Orders will be stated in the Task Order’s Statement of Work. Task Orders under this contract may be awarded by the designated, warranted ordering officials at any time within the Contract period. The actual performance of the work may extend beyond the Contract period. Each task order shall specify dates for starting work and completing work at the job site.

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.

The Contractor shall be presumed to have established its coefficient 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.

Contractors are urged and expected to inspect the site where the work will be performed and Tasks Orders will provide instructions on how and when visits can be conducted.

No oral statement made by a Government representative during any site visit or 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.

Each individual Task Order will specify any known, unique site requirements.

I.E. Authorized Representative

(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:

Contracting Officer:

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

I.F. Liquidated Damages Rate

Liquidated Damages are established at a rate of $100.00 per day for Task Orders issued under the Contract. This amount will be deducted from the respective Task Order value for each day a contractor has not reached substantial completion beyond the established completion date. In cases where task orders are of critical nature, a different (higher) Liquidated Damage amount may be established at the task order level as applicable.

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

I.H. Task Orders Task Orders issued shall include, but not be limited to the following information:

(a) Date of order;

(b) Contract and delivery order number;

(c) Appropriation and accounting data;

(d) Description of the services to be performed;

(e) Place of performance;

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

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

(h) Description of Project and/or Building Specific Conditions (if any)

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

(j) Wage determination(s)

(k) Inspection/Acceptance

(l) Invoice/Payment Information

(m) Signature of warranted ordering official.

I.H.1. Additional Task Order Terms and Conditions

I.H.1.a. Task Orders under this Contract shall be ordered on GSA Form 300 by a designated warranted ordering official, for various quantities and types of work provided for in this contract.

I.H.1.b. For each task order the contractor or the contractor’s designated representative shall respond in writing or in person to the Ordering Official within 24 hours. Time shall be computed starting with the date and time the task order is received by the contractor, as evidenced by fax or email.

I.H.1.c. Any Task Order issued during the effective period of this Contract, and not completed within the period, shall be completed by the Contractor within the time specified in the Task Order. The Contract shall govern the Contractor and Government’s rights and obligations with respect to that order as if the order were completed during the Contract period.

I.H.1.d. The Davis-Bacon wage rates will be identified and/or issued with each Task Order. No adjustment will be allowed to the proposed coefficient factors for each period (base and each/any option) in accordance with FAR 52.222-30.

I.H.1.e Where applicable, Performance and Payment Bonds are required in accordance with FAR 52.228-15.

I.I. Tax Exempt Status Each contract is subject to its respective Tax Exempt Status, as it varies by state:

Tax Exemption letters and certificates will be furnished to each awarded contractor by the Contracting Officer/Ordering Official upon request from the Contractor.

Invoices should be retained by the purchasing contractor/subcontractor as required by law. Invoices shall be furnished to the Ordering Official upon request for supplies purchased, used and consumed in fulfilling the project.

Issuance of the exemption letters and exemption certificates does not relieve the contractor of responsibility for payment for materials or supplies, nor does it create a contractual relationship between GSA and any subcontractor.

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

(1) The Agreement

(2) SF 1442 and Supplement to SF 1442

I.K. Credentials and Identification Contractor personnel with credentials shall be required to comply with all access security screening procedures applicable to Government or other personnel possessing similar credentials, or as determined by the building practices as defined by the Facility Security Committee. All Contractor personnel possessing credentials (PIV or otherwise) shall visibly display their credentials at all times while in the building(s) where work is being performed.

The Contractor shall be responsible for ensuring that all identification credentials are returned to the CO or designee whenever its employees leave the Contract (i.e., when the Contract has been completed, employees leave the company, employees are dismissed or terminated or the Government determines that the employee is to be removed from the contract). Whenever employee badges are lost the contractor must immediately file a “lost PIV” incident report with the Department of Homeland Security (DHS), Federal Protective Service (FPS) and provide a copy of the incident report (including incident number) to the CO or designee. The Contractor shall be responsible for paying the Government for replacement credentials at the current cost per badge.

The Government will withhold any outstanding payments until such time as all employee badges (PIV or otherwise) have been collected and returned to the COR. Any badges not returned as an employee leaves, or at contract conclusion shall be accompanied by a DHS FPS incident report for each badge and a fee of $100 per badge not returned shall be deducted from the contract payment amount or charged to the contractor.

II. Prices

II.A. Contract Pricing

Pricing for this contract will be based upon the current Facilities Construction Cost with RSMeans Data Book (hereafter referred to as the 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

The “Total Incl O&P” Cost from the RS Means Book, when multiplied by the Offeror’s proposed Coefficient 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. The City Cost Index from the RS Means Book will NOT be applied to the “Total Incl O&P” Costs. Any adjustment for location must be included in the offeror’s Coefficient Factor.

2. Additionally the 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 coefficient factor.

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

EXAMPLE: A Coefficient Factor of 0.85 would result in 85 percent of the listed “Total Incl O&P” Cost when establishing pricing within the Task Order; and 1.00 would leave the actual “Total Incl O&P” Cost values as your proposed pricing.

Firm-Fixed Price Task Order Example: The following sample calculations illustrate how Task Order pricing will be established using the RS Means Book and contractor’s Coefficient Factor. All Coefficient Factors, “Total Incl O&P” Costs, and dollar figures are fictitious.

The Coefficient Factors are proposed as a percentage (in decimal format) increase or decrease to the RS Means Book. The offeror shall limit the Coefficient Factors to two (2) decimal places.

The offeror shall propose a Base Year Coefficient Factor and an Option Year Coefficient Factor for each Option Year.

The offeror’s Coefficient 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

4. Travel and Travel-Related Costs Travel costs may be included as a direct cost and will be negotiated and shall be priced separately for each Task Order and are NOT to be included in the RSMeans coefficient factors.

a. Travel and travel-related costs are subject to FAR 31.205-46 and the Federal Travel Regulations (FTR) incorporated herein by reference. All travel rates/costs shall be in accordance with the FTR including those ordered under Not-To-Exceed (NTE) procedures, as described above. The per diem rate tables are available for use on the internet at the following URL: http://www.gsa.gov/travel.html. FTR does not apply for travel status of less than 12 hours.

b. A firm-fixed price for all travel and travel-related costs, required for the performance of services, will be negotiated in advance for each task order. This negotiated firm-fixed price will be incorporated into the task order and will be based on, up to but not greater than, current prevailing rates in effect at the time the order is issued. If travel is not initially anticipated, travel costs must be approved by the Contracting Officer prior to any travel undertaken. Travel-related costs must be for official business in the performance of a Task Order.

c. When a Not to Exceed (NTE) amount for travel is specified for travel in a Task Order, final firm-fixed costs will be based on the lesser of the estimated rates, actual costs incurred, or on a combination thereof, provided the method used results in reasonable and allowable charges, in accordance with the FTR and as determined by the CO. The contractor shall submit copies of all associated travel-related receipts immediately upon the CO’s request.

d. Travel and travel-related costs will be paid only for travel outside a radius of 50 miles from the place of performance of each metropolitan area of Oklahoma City (for the Western Oklahoma award) and Tulsa (for the Eastern Oklahoma award). This includes subcontractors and suppliers.

e. Markup or application of profit or overhead is not allowed on travel and travel-related costs.

f. At the Contracting Officer’s request, the contractor shall submit any and all travel related costs to substantiate any travel incurred under this contract.

5. Performance and Payment Bonds Where applicable, Performance and Payment Bonds are required in accordance with FAR 52.228-15 for each task order that meets the requirement threshold. The contractor shall include a line item price in each task order proposal for compensation for bond premiums.

6. Custom Line Items On vary rare occasions, items that are not included in the RSMeans table and are necessary to complete the full requirements of a task order may be added as a separate line item. Examples include high end wood trim in a courthouse, very specific/high end security equipment in space such as FBI, ATF, DEA, etc.

II.B. Contract Price Form

RSMeans Coefficient Factor - Base Year

RSMeans Coefficient Factor - Option 1

RSMeans Coefficient Factor - Option 2

RSMeans Coefficient Factor - Option 3

RSMeans Coefficient Factor - Option 4

The Price Proposal shall consist of the SF 1442 and the Agreement, with prices and/or rates indicated for each price element shown on the pricing form above. Indicate the proposed RSMeans Coefficient Factors for each period, in Block 17 of the SF 1442, which must be fully executed by the Offeror.

III. Terms and Conditions

III.A. Contractor Responsibilities

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

(1) For the purposes of FAR 52.236-1 Performance of Work by the Contractor, the Contractor shall perform at least fifteen percent (15%) of the work.

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

(2) 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.

(3) The Contractor shall be responsible for coordinating all activities of subcontractors. This responsibility includes coordination of: preparation of shop drawings produced by different subcontractors where their work interfaces or may potentially conflict or interfere and the installation of such work; scheduling of work by subcontractors; and use of the Project site for staging and logistics.

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

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

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

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

(8) The Contractor must submit a safety plan to minimally include how the contractor will protect the employees overall safety and avoid any hazard during the normal course of work under this contract. An overall safety plan shall be submitted to the Contracting Officer, or designee not later than 15 calendar days after award of the contract.

(9) The Contractor assumes the risk of, and shall be responsible for, any loss, damage, destruction, or theft of Government property upon its delivery to the Contractor as Government-furnished property. However, the Contractor is not responsible for reasonable wear and tear to Government property or for Government property properly consumed in performing this Contract.

(10) Contract authority must be vested within the contractor’s designated on-site key personnel. During the execution of each task order one of the contractor’s designated people with contract authority must respond within 24 hours of being contacted by the owner representative.

(11) The contractor will not be provided office space and limited (if any) storage space for materials under this contract, and thus shall be responsible for providing it themselves.

III.B. 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 not commence the Work until the Contracting Officer has issued the Notice To Proceed. This may be provided via letter or annotated on the Task Order as applicable. The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of the Work, as defined in Section III.N, “Substantial Completion and Contract Completion” clause, within the time specified in the Task Order. If the Task Order specifies different completion dates for different phases or portions of the Work, the Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of such phases or portions of the Work within the times specified.

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

III.C.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. If particular submittal requirements are not specified for a component of the Work, the Contractor shall prepare submittals for such Work as stated in the Task Order.

III.C.2. The Contractor shall not proceed with work or procure products or materials described or shown in submittals until the Contracting Officer has indicated approval of the submittal. Any work or activity undertaken prior to approval shall be at the Contractor’s risk; should the Contracting Officer subsequently determine that the work or activity does not comply with the Contract, the Contractor shall be responsible for all cost and time required to comply with the Contracting Officer's determination. The Contracting Officer shall have the right to order the Contractor to cease execution of work for which submittals have not been approved. The Government shall not be liable for any cost or delay incurred by the Contractor attributable to the proper exercise of this right.

III.C.3. The Contractor shall be entitled to receive notice of action on submittals within a reasonable time, given the volume or complexity of the submittals and the criticality of the affected activities to Substantial Completion as may be indicated in the Project Schedule. The Contractor shall not be entitled to receive notice of action on submittals containing variations from Contract requirements in less than twenty (20) working days.

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 FAR 52.211-12, Liquidated Damages is supplemented as follows:

III.E.1. 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 within the time specified in each task order, the Contractor shall be liable to the Government for liquidated damages at the rate specified in each task order for each calendar day following the required completion date that the Work is not Substantially Complete.

III.E.2. If the Contract requires different completion dates for different phases or portions of the Work, the Contractor shall be liable for liquidated damages at the specified rate for each calendar day following the required completion date that the phase or portion of Work is not Substantially Complete. If a single rate is specified, the specified rate shall be apportioned between the different phases or portions of the Work.

III.E.3. If the Government elects to accept any portion of the Work not specifically designated as a phase or portion of Work with its own required completion date, the liquidated damage rate shall be apportioned between accepted work and uncompleted work, and the Contractor's liability for liquidated damages shall be computed accordingly.

III.F. Insurance Requirements III.F.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.

III.F.1.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 $2,000,000. If occupational diseases are not covered by workers' compensation insurance, Employers' liability coverage shall include occupational diseases.

III.F.1.b. Broad form comprehensive commercial general liability insurance in the amount of at least $5,000,000 per occurrence. Such insurance shall include, but not be limited to, contractual liability, bodily injury and property damage.

III.F.1.c. Comprehensive automobile liability covering the operation of all automobiles used in connection with performing the Contract in the amount of at least $1,000,000 per person and $2,500,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage.

III.F.2. Upon award and prior to Notice to proceed, 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) Specifications, Exhibits and Other Attachments

(4) Task Order Statement of Work

(5) Task Order Specifications

(7) Task Order Drawings

(8) Task Orders Exhibits and Other Attachments All Task Orders are subject to the Contract requirements. In case of inconsistency between a Task Order and the Contract, the Contract shall control due to Order of Precedence.

III.H. Administrative Matters III.H.1 Project Meetings The Contractor shall attend a pre construction conference and shall participate in regularly scheduled Project meetings.

III.H.2. Payments III.H.2.a. Before submitting a request for payment, the Contractor shall attend pre-invoice payment meetings each month, as scheduled, with the designated Government representative for the purpose of facilitating review and approval of payment requests. Payment meetings may be conducted in person or by telephone. The Contractor shall provide documentation to support the prospective payment request.

III.H.2.b. The Contractor shall submit its invoices online. Separate payment requests shall be submitted for progress payments, payments of retainage, and partial or final payments.

III.H.2.c. If the invoice does not meet the requirements of FAR Clause 52.232-27 and the requirements specified in this section, the Contracting Officer may return the invoice to the Contractor without payment for correction. If the Contracting Officer disputes the requested payment amount, the Government may pay the portion of the requested payment that is undisputed.

III.H.2.d. Electronic invoicing and the submission of other documents required for payment is acceptable by submitting to the designated billing office specified in this Contract or task order with a courtesy copy to the Contract Specialist, Contracting Officer, Project Manager and COR where applicable. Electronic invoicing only relieves the contractor of submitting hard copies of documents. It does not relieve the contractor of any required forms or information mandated by this contract.

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

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

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

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

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

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

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

(iv) Task Order Number;

(v) Payroll Records III.H.2.f. Progress Payments Normally, a single payment for all work performed for each task order will be made upon formal inspection and acceptance. However, the Contractor is entitled to monthly payment as the work proceeds. Consequently, where the time for completion of the work to be performed exceeds one month or when unanticipated delays occur, a progress payment to the Contractor may be issued.

III.H.2.g. Release of Claims GSA will not be obligated to issue final payment unless the Contractor has furnished to the Contracting Officer a release of claims against the Government relating to this Contract, and submitted all required product warranties, as-built drawings, operating manuals, and other items as specified in the Contract. The Contractor may reserve from the release specific claims only if such claims are explicitly identified with stated claim amounts. All release forms must bear the original signature of the signer and must be affixed with the Contractor’s corporate seal or the seal of a Notary Public.

III.H.2.h. Prompt Payment In accordance with FAR clause 52.232-27, the period for payments are as follows:

III.H.2.i. Payment Information The General Services Administration (GSA) makes information on contract payments available electronically at the 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.

III.H.3 Security Clearances Contractor shall comply with the following requirements pertaining to security clearances.

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

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

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

III.H.4 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.

III.H.4.a. 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 or encumber the necessary dissemination of CUI building information to public safety entities.

III.H.4.b. 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. Non Electronic 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 confirmation, 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.

III.H.4.c. 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.

III.H.4.d. 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.

III.H.4.e. 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.

III.H.4.f. 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.

III.H.4.g. 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.

III.H.4.h. Subcontracts. The contractor and subcontractors must insert the substance of this clause in all subcontracts.

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 a cause.

III.J. Safeguarding Sensitive Data and Information Technology Resources In accordance with FAR 39.105, this section is included in the contract. This section applies to all users of sensitive data and information technology (IT) resources, including awardees, contractors, subcontractors, lessors, suppliers and manufacturers. The following GSA policies must be followed. These policies can be found at http://www.gsa.gov/directives.

1. CIO P 2100.1K GSA Information Technology (IT) Security Policy

2. CIO P 2100.2B GSA Wireless Local Area Network (LAN) Security

3. CIO 2100.3B Mandatory Information Technology (IT) Security Training Requirement for Agency and Contractor Employees with Significant Security Responsibilities

4. CIO 2104.1A GSA Information Technology IT General Rules of Behavior

5. CIO 2105.1 B GSA Section 508: Managing Electronic and Information Technology for Individuals with Disabilities

6. CIO 2106.1 GSA Social Media Policy

7. CIO 2107.1 Implementation of the Online Resource Reservation Software

8. CIO 2160.4 Provisioning of Information Technology (IT) Devices

9. CIO 2162.1 Digital Signatures

10. CIO P 2165.2 GSA Telecommunications Policy

11. CIO P 2180.1 GSA Rules of Behavior for Handling Personally Identifiable Information (Pll)

12. CIO 2182.2 Mandatory Use of Personal Identity Verification (PIV) Credentials

13. CIO P 1878.2A Conducting Privacy Impact Assessments (PIAs) in GSA

14. CIO IL-13-01 Mobile Devices and Applications

15. CIO IL-14-03 Information Technology (IT) Integration Policy

16. HCO 9297.1 GSA Data Release Policy

17. HCO 9297.2B GSA Information Breach Notification Policy

18. ADM P 9732.1 D Suitability and Personnel Security The contractor and subcontractors must insert the substance of this section in all subcontracts.

III.K. Options 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…