Fargo 06 Electrical transformer upgrade Solicitation.pdf

GSA Solicitation No. 47PJ0022R0004

Simplified Acquisition Construction Contract for the transformers upgrade at the Fargo FB/CH.

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. General Provisions

A. Commencement, Prosecutions and Completion of Work B. Contractor Responsibilities C. Material and Workmanship D. Project Schedule E. Interpretation of Specifications and Drawings F. Submittals G. Government’s Right to Stop Work for Non-Compliance H. Other Contracts I. Use an Possession Prior to Substantial Completion J. Finality of Contract Modifications K. Liquidated Damages L. Insurance Requirements M. Administrative Matters N. Bonds O. Safeguarding Sensitive Data and Information Technology Resources

IV. Contract Clauses

A. Clauses Incorporated in Full Text

1. FAR 52.222-99 Establishing a Minimum Wage for Contractor (JUL

2014) (DEVIATION)

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

Service and Construction Contracts (SEPT 2013)

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

4. FAR 52.225-9 Buy American—Construction Materials (MAY 2014)

5. FAR 52.228-13 Alternative Payment Protections (July 2000)

6. GSAR 552.204-9 Personal Identity Verification Requirements (JUL 2020)

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

52.252-6) (SEP 99)

8. FAR 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment

(AUG 2020)

9. FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEVIATION APR 2020)

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

11. FAR 52.219-14, Limitations on Subcontracting (DEVIATION 2020-19)

12. Additional Clauses

i. FAR 52.222-30, Construction Wage Rate Requirements-Price

Adjustment (None or Separately Specified Method) (Aug 2018)

13. FAR 52.223-99, Ensuring Adequate COVID-19 Safety Protocols for

Federal Contractors (OCT 2021) (DEVIATION)

B. Clauses Incorporated by Reference

I. Project Information

I.A. Project Summary

Upgrade the transfromers at the Fargo FB/CH.

I.B. The Contract

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

(2) The Contractor shall provide and pay for all labor, materials, equipment, tools, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution of the work described in and reasonably inferable from the Contract

Documents (the Work), whether temporary or permanent. In consideration for, and upon condition of, the Contractor's completion of the Work, GSA shall pay the

Contractor the price or prices established in Section II, subject to the terms and conditions set forth in this Contract.

I.C. Period of Performance

(1) Commencement. The Contractor shall commence performance of the Work within 15 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 80 calendar days from issuance of Notice to Proceed (NTP).

(3) Contract Completion. The Contractor shall achieve Contract Completion, as the term is defined in this Agreement, within 10 calendar days of Substantial Completion.

I.D. Work Conditions/Site Requirements

Interior work

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:

Contracting Officer’s Information

Name: Cody Lee

Address: 657 2nd Ave N Fargo, ND 58102

Telephone: 701-566-6124

Email: cody.lee@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 rate of $ 0 per calendar day.

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) Statement of Work for GSA Solicitation No. 47PJ0022R0004, Dated 10/06/21

(2) Construction Drawings for GSA Solicitation No. 47PJ0022R0004

(3) Wage Determination ND20210013, Dated 09/24/21

CONSTRUCTION SCOPE OF WORK

U.S. GENERAL SERVICES ADMINISTRATION, ROCKY MOUNTAIN REGION 8

Date: 10/6/2021 Revision: 2.0 Section 1: Project Title

Upgrade Electric Transformer

Section 2: Project Location, Building Name, & Building Number

Fargo Federal Building / Courthouse 655 1st Ave North, Fargo, ND 58102 Building Number: ND0006ZZ

Section 3: Contact List

Contracting Officer (CO)

Name: Cody Lee

Email: cody.lee@gsa.gov

Address: 657 2nd Ave N Room 244

Fargo, ND 58102

Phone (O): 701-566-6124

Property Manager

Name: Travis Mart

Email: travis.mart@gsa.gov

Address: 657 2nd Ave N Room 244

Phone (O): 701-566-6126

Phone (C): 701-561-2526

Project Manager

Name: Paul Romero

Email: paul.romero@gsa.gov

Address: 657 2nd Ave N Room 244

Fargo, ND 58102

Phone (C): 701-781-9868

Section 4: Project Background & Project Description In 2021, GSA commissioned MBN Engineering to investigate power quality at the Fargo Federal Building / Courthouse because of elevated temperatures within electrical transformers in the building. The resulting harmonic study provided by MBN June 24, 2021, indicated the need to replace a transformer with a K-rated harmonic mitigating phase shift transformer. This scope of work will involve replacing the 300 kVA rated T- B1 transformer located in the annex basement boiler room of building ND0006ZZ.

Section 5: Project Objectives The contractor shall provide labor, materials, equipment and supervision necessary to perform:

1) Disconnect existing T-B1 transformer and prep for removal

2) Remove and dispose existing T-B1 transformer

3) Install new contractor provided 300kVA, K-13 rated transformer with THR harmonic mitigation style. New unit shall be Eaton type Low-Voltage Dry-Type Specialty Transformer, Harmonic Mitigating Transformer or similar.

Section 6: Proposal Pricing & Site Walk

1) Pre-proposal Site Visit Meeting:

a) The site visit shall consist of a meeting to review construction requirements followed by a walk-thru of the project site. The meeting shall be attended by the contractor and GSA project personnel, and appropriate sub-contractors.

b) Review existing conditions of the project area including any field verification.

c) Review the solicitation/evaluation requirements.

d) Contact the project manager to arrange a site visit.

2) Cost Proposal Requirements:

a) When submitting a proposal, provide a cost breakdown for each task into the following categories: Materials, equipment, labor hours, subcontractor's quotes, overhead, profit, and bond broken down into shell, tenant improvement (TI) (by tenant), Building- Specific Amortized Capital (BSAC), and environmental (as applicable). Follow P120 guidelines for teir level 3 based on project triage tool. Pricing shall be broken down by Construction Specification Institute (CSI) divisions.

b) Base Bid-

Section 7: Period of Performance

Once notice to proceed has been issued, the contractor has 90 calendar days to complete the project. The contractor must also promptly begin the badging process at the time of notice to proceed. Please allow a minimum of 30 days to complete the badging process. Extensions will be granted for unforeseen conditions and other factors outside of the contractor’s control at the Contracting Officer’s discretion.

Section 8: Universal Scope Requirements

● ALL of the requirements in this section are MANDATORY

● See the attached Universal Scope Requirements document for the full details outlining each item

● Failure to comply with any and all of the requirements will result in the project not being accepted as complete

SAFETY & HEALTH

A. Safety and Health Program B. Asbestos (Pre-Alteration Assessments) C. Lead Containing Paint / Lead Based Paint D. Fire & Life Safety E. Accessibility (ABAAS) F. Construction Indoor Air Quality (IAQ) Management Plan

ENERGY, SUSTAINABILITY & ENVIRONMENTAL

G. Sustainable Purchasing H. Construction Waste Diversion I. Site Work (Stormwater/Erosion, Soil Disturbance, and Utility Locates) J. Rebates K. Water Treatment for Building Mechanical Systems L. Water-Efficient & Pollinator-Friendly Landscaping

M. NEPA

BUILDING SYSTEMS INTEGRATION

N. Commissioning (Cx) O. GSA IT Network P. Building Automation Systems (BAS) Q. Advanced Metering System (AMS) R. Building Information Modelling (BIM) S. National Computerized Maintenance Management System (NCMMS)

DESIGN ELEMENTS

T. Historical Preservation U. Energy Design V. Electrical Design W. Lighting Design X. Mechanical Design & Fuel Storage Y. Seismic Safety Design

Z. Physical Security Performance Attributes

Section 9: Submittals

1) Contractor shall submit a Method of Procedures (MOP) to the GSA Delivery Project Manager (PM) for approval prior to commencement of work. At a minimum, the MOP shall include:

a) Brief narrative describing method of accomplishment, construction techniques, etc

b) Project schedule (to include critical path, major milestones, long lead time items, mob & de-mob, inspection dates, substantial completion, and occupancy dates)

c) Service/Utility Outages

d) Phasing schedule (if necessary)

e) Any building infrastructure/BAS equipment that may be impacted

2) Pre-alteration assessment report

3) All new equipment and anything requiring a preventative maintenance plan shall be inputted into Maximo upload template

4) Manufacturer's specifications, instructions and material specification sheets in original form must be approved by GSA prior to installation.

5) Submittal register/ log for all products specified to establish a standard of quality to include. Submittal register response by the government shall be (14) calendar days or less.

a) For pricing purposed please assume 1 hard copy of submittals and 1 electronic copy to be sent to the project manager. Distribution list including final quantities will be finalized after receipt of the submittal log/ register by GSA project manager.

6) If product samples are not submitted in a timely fashion, any delays caused by the contractor will not warrant a time extension. After completion of all work, the Contractor shall submit to the project manager the manufacturer's specifications, instructions and material specification sheets in original form. Additionally, the Contractor shall submit all inventory changes (removals, additions, upgrades, etc., and new condition codes) to the COR.

7) Submittal response by the government shall be (14) calendar days or less.

Section 10: General Requirements

1) Contractor Use of the Premises

a) During the period of the project, the contractor will have access to the site only during business hours of 8:00 am 5:00 pm. No on-site work shall be performed outside these hours or on holidays unless otherwise directed by the Contracting Officer. The contractor will need to coordinate with the Contracting Officer to arrange access to the parking lot. The contractor shall make every effort to cause a minimum of damage to parking lots, any other paved areas, any items that need to be moved during the course of the project, and any areas not included in this scope of work. Any damage caused will be repaired at the contractor’s expense.

b) Should after-hours be required to perform the scope of work, an RFI should be submitted to the contracting officer prior to submitting proposal.

2) Progress Meetings

a) Progress meetings are not required for this project. The project manager and building team representative shall make daily inspections of the work progress.

3) Equipment The contractor shall provide all equipment associated with the entire project, operate in a safe manner and adhere to all OSHA and GSA standards.

4) Equipment and Material Storage The contractor shall provide and store all equipment, the materials specified above, and any other materials required completing the project. The materials are required to be kept clean and dry throughout the duration of the project.

Contractor to coordinate with building manager for location of storage sheds.

5) Sanitary Facilities Provide and maintain temporary toilet facilities in accordance with State Health Department and GSA requirements.

6) Electricity, Water, and Gas GSA will pay for electricity, water, and gas during the course of this project.

The contractor is responsible for making connections to the existing systems.

Temporary electrical work shall meet the requirements of NFPA 70-1996 (NEC), Article 305. When temporary connections are removed, restore existing utility services to their original condition.

7) Contractor’s Field Office The contractor may provide an office for their own use. Size, location, and construction shall be subject to approval.

8) Fire Watch Contractor shall be responsible for providing fire watch if required per attached GSA fire watch guidelines.

9) Fire Alarm Impairment and Hot Work When a fire suppression or alarm system impairment is required, contractor shall provide written outage request to GSA for approval in advance of impairing any systems. Contractor shall be responsible for having a GSA approved NICET certified fire alarm contractor perform all system impairments. During fire alarm/suppression impairments or hot work procedures, contractor shall provide a fire watch per the GSA Regional Fire Watch Guidelines.

10) Protection of Public The building site will continue to be used by tenants. The contractor shall fence, barricade, or otherwise block off the immediate work area to prevent unauthorized entry. The contractor shall illuminate barricades and obstructions at night and maintain safe building access and egress for tenants.

11) Housekeeping The project site shall be kept in a neat, orderly, and safe condition at all times.

The contractor shall provide enough containers for collecting construction debris and construction materials to be recycled. The contractor shall wet down dry materials and rubbish to prevent blowing dust and keep volatile wastes in covered containers.

12) Transportation and Deliveries The contractor shall arrange deliveries of materials in accordance with construction schedules; coordinate with COR to avoid conflict with other tenants and other work conditions at the site. Contractor must make GSA PM & CO aware of any lead times that may affect the project schedule.

13) Cleaning Before scheduling the final inspection, the Contractor shall accomplish six items: (1) Remove all tools, equipment, surplus material, and rubbish; (2) Restore or refinish, to original condition, surfaces that are damaged due to the work of this contract; (3) Remove grease, dirt, stains, foreign materials, and labels from finished surfaces; (4) Thoroughly clean building interiors; (5) Pickup all construction debris from the site; and (6) At time of final inspection, project shall be thoroughly cleaned and ready for use.

14) Disruptive Work All painting, staining, or other activity which may cause noxious or undesirable fumes and/ or any noisy work that may be disruptive to the tenants/ public must be performed after normal working hours. The use of paint or stain that does not generate odors is preferred and may be required if the space will be occupied the following day with prior written approval from

GSA.

Section 11: Badging & Security

1) Contractor is responsible to follow GSA’s security and badging requirements as detailed in the attached Badging & Security Requirements (Vendor Fitness Determination Training Manual).

2) US Access shared enrollment centers can be found at fedidcard.gov. Travel distances to the nearest center should be accounted for during the badging process.

Section 12: Payments

1) Information regarding payment requests and payment is in the solicitation/ contract. Please contact the CO if you have any questions regarding payments.

Section 13: Substantial Completion & Final Inspection

1) When project, or designated portion of project is complete, request a final inspection. Upon receipt of request that project is substantially complete, the Contracting Officer will proceed with the inspection within ten days of receipt of request or will advise the contractor of items that prevent the project from being designated substantially complete.

2) Red-lined drawings and CAD and/or BIM as-built drawings, and field training for Operations and Maintenance (O&M) personnel shall be provided at completion of project. Maintain one complete set of contract drawings. Clearly mark changes, deletions, and additions using GSA CAD Standards to show actual construction http://fedidcard.gov/ conditions. Show additions in red, deletions in green, and special instructions in blue print. Provide to GSA within timeframe negotiated at time of award.

3) The contractor shall provide O&M manuals. The O&M manuals shall contain the following:

o Executed Warranties (at project completion) o Maintenance and operation manuals

Section 14: Attachments

1) Universal Scope requirements

2) Badging & Security requirements (Vendor Fitness Determination & Training

Manual)

3) Building drawings, etc

Location

Riser Diagram

Superseded General Decision Number: ND20200013

State: North Dakota

Construction Type: Building

County: Cass County in North Dakota.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after

January

1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year

2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the

Davis-Bacon Related Acts, including those set forth at 29

CFR

5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/01/2021

1 01/22/2021

2 02/12/2021

3 04/23/2021

4 05/14/2021

5 07/30/2021

6 09/24/2021

* BOIL0647-006 01/01/2021

Rates Fringes

BOILERMAKER......................$ 40.94 28.44

BRND0001-002 05/01/2018

BRICKLAYER.......................$ 33.68 13.42

ELEC1426-004 06/01/2021

ELECTRICIAN (Excludes Low

Voltage Wiring)..................$ 33.04 11.5%+$11.98

IRON0512-006 05/03/2021

IRONWORKER, STRUCTURAL...........$ 34.30 31.80

* PLAS0633-001 05/01/2021

CEMENT MASON/CONCRETE FINISHER...$ 33.88 16.87

PLUM0300-016 06/07/2021

PIPEFITTER.......................$ 38.19 17.42

PLUMBER..........................$ 38.19 17.42

SFND0669-002 04/01/2021

SPRINKLER FITTER (Fire

Sprinklers)......................$ 35.24 21.31

SHEE9010-002 06/03/2019

SHEET METAL WORKER (HVAC Duct

Installation Only)...............$ 30.65 17.60

SUND2012-002 08/18/2014

CARPENTER (Drywall

Finishing/Taping Only)...........$ 21.22 7.11

CARPENTER, Excludes Drywall

Finishing/Taping, Drywall

Hanging, and Metal Stud

Installation.....................$ 19.24 4.89

DRYWALL HANGER AND METAL STUD

INSTALLER........................$ 21.36 0.00

ELECTRICIAN (Low Voltage

Wiring Only).....................$ 21.14 5.73

INSULATOR - MECHANICAL

(Duct, Pipe & Mechanical

System Insulation)...............$ 15.80 2.60

LABORER: Common or General......$ 13.05 2.92

LABORER: Mason Tender - Brick...$ 15.32 0.00

LABORER: Mason Tender -

Cement/Concrete..................$ 14.54 3.41

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 26.00 3.82

OPERATOR: Crane.................$ 26.18 9.39

OPERATOR: Forklift..............$ 23.06 15.47

OPERATOR: Loader................$ 23.75 0.00

PAINTER (Brush and Roller).......$ 21.86 8.41

ROOFER...........................$ 16.37 2.84

SHEET METAL WORKER, Excludes

HVAC Duct Installation...........$ 27.27 7.76

TRUCK DRIVER: Dump Truck........$ 19.81 5.42

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick

Leave for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the

EO

is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate

(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or

""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers.

indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July

1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010

08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour

Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the

Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in

2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the

Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour

Administrator

(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator

The request should be accompanied by a full statement of interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION"

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 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

Please use SF 1442 and attach price breakdown of offer on separate document.

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. Material and Workmanship

All equipment, material, and articles incorporated into the Work shall be new and of the most suitable grade for the purpose intended, unless otherwise specified in this Contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number shall be regarded as establishing a standard of quality and performance and shall not be construed as limiting competition.

Unless specifically directed by the Contracting Officer, the Contractor may use any equipment, material, article, or process that is equal to that named in the specifications, so long as it is of comparable quality and meets specified characteristics, or, if no such characteristics are specified, the relevant performance characteristics of the specified item.

III.D. Project Schedule

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

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

(3) The Project Schedule shall depict all major activities necessary to complete the Work.

(4) Prior to NTP, the Contractor shall submit its Project Schedule to the Contracting Officer. The Contractor shall submit the Project Schedule in PDF and hardcopy print format.

(5) The Project Schedule shall incorporate both major tasks as well as milestone events specified in the Contract, including, as applicable, NTP, Substantial Completion, and milestones related to specified work phases and site restrictions. The Project Schedule shall also include Contractor-defined milestones to identify target dates for critical events, based upon the Contractor's chosen sequence of work and be linked to the tasks that drive those milestones.

(6) Unless a shorter period for updates is specified elsewhere, the Contractor shall update the Project Schedule weekly to reflect its actual progress in completing the Work, and submit the updated Project Schedule to the Contracting Officer.

(7) If the Contractor revises the Project Schedule after initial submission, the Contractor shall provide in writing to the Contracting Officer a narrative describing the substance of the revision, the rationale for the revision, and the impact of the revision on the projected substantial completion date.

(8) If at any time the Contracting Officer finds that the Project Schedule does not comply with any Contract requirement, the Contractor shall, upon written notice of exceptions taken by the Contracting Officer, revise the Project Schedule, adjust activity progress, or provide sufficient information demonstrating compliance.

(9) If the Contractor fails to sufficiently address the Contracting Officer's exceptions to the Project Schedule within # calendar days [CO Note: Include appropriate time frame] of written notice of same, the Contracting Officer may withhold retainage until the Project is Substantially Complete or until such time as the Contractor has complied with Project Schedule requirements.

(10) The Contracting Officer shall be entitled, but not required, to rely upon the Project Schedule to evaluate the Contractor's progress, evaluate entitlement to extensions of time, and determine the criticality or float of any activities described in such Project Schedule.

III.E. Interpretation of Specifications and Drawings

(1) The specifications and drawings shall be interpreted to complement each other. Requirements set forth in the specifications and not shown on the drawings, or shown on the drawings and not set forth in the specifications, shall be of like effect as if shown or set forth in both.

(2) Different requirements within the Contract Documents shall be deemed inconsistent only if compliance with both cannot be achieved.

(3) If a requirement set forth in one location is more restrictive than that set forth elsewhere in the Contract Documents, requirements set forth in specifications shall govern over requirements set forth in drawings; otherwise, the more restrictive shall govern.

(4) In case of inconsistent requirements within the drawings, the following order of precedence shall apply:

(a) Requirements indicated in large-scale drawings shall govern over inconsistent requirements indicated in small-scale drawings.

(b) Requirements indicated in schedules shall govern over inconsistent information shown in drawings.

(5) Unless otherwise noted, the drawings shall be interpreted to provide for a complete construction, assembly, or installation of the Work, without regard to the detail with which material components are shown in the drawings.

(6) If any inconsistency within the drawings or specifications cannot be reconciled by reference to this clause, the Contractor shall promptly request a determination from the Contracting Officer as to which requirement shall govern. Election by the Contractor to follow either requirement without a determination from the Contracting Officer shall be at the Contractor's risk; should the Contracting Officer subsequently determine that the requirement not followed by the Contractor governs, the Contractor shall be responsible for all cost and time required to comply with the Contracting Officer's determination.

III.F. Submittals

(1) The Contractor shall prepare and submit to the Contracting Officer shop drawings, samples, calculations, product information, mockups, GSA Form 184 (associated 184A and 184B as necessary) 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 directed by the Contracting Officer.

(2) Prior to submission, the Contractor shall review all submittals for accuracy, completeness, compliance with Contract requirements, and coordination between different trades and subcontractors. The Contractor shall indicate its approval on all submittals as evidence of such review and coordination. Submittals submitted to the Contracting Officer without evidence of the Contractor’s approval may be rejected without further review.

(3) 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. If the Contracting Officer disapproves of a submittal, the Contractor shall be entitled to an explanation of the reasons for disapproval.

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.

(4) Approval by the Contracting Officer of any submittal required under this Contract shall not relieve the Contractor from responsibility for any errors or omissions in such submittals, or from responsibility for complying with the requirements of this Contract, except with respect to variations described and approved as changes in accordance with the following Paragraph (5).

(5) The Contractor shall be entitled to rely upon approval of submittals containing variations from the requirements of the Contract as a change to the Contract only if the Contractor separately requests approval of the variation at the time of submission and the Contracting Officer has approved the request for variation. Such requests shall fully describe the substance of the variation reflected in the Contractor's submittal. This provision shall not be interpreted as limiting the right of the Government to treat non-conforming work as a change where the Contractor has failed to request a variation in accordance with this paragraph.

(6) 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. The Contractor shall not be entitled to receive notice of action on submittals containing variations from Contract requirements in less than twenty working day.

for all Work components as specified elsewhere in this Contract.

III.G. Government’s Right to Stop Work for Non-Compliance

If the Contractor, after receiving written notice from the Contracting Officer of non-compliance with any requirement of this Contract, fails to promptly initiate action to achieve compliance within a reasonable time, the Contracting Officer shall have the right to order the Contractor to stop work under the Contract until the Contractor has complied. The Contractor shall 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.

Possession of this right by the Contracting Officer shall not relieve the Contractor of its obligation to comply with the Contract, regardless of whether this right is exercised.

III.H. Other Contracts

The Government may enter into other contracts to be performed at the Project site including, but not limited to, construction management services. The Contractor shall not impede site access for these other contractors and shall notify GSA immediately if the activities of other contractors interfere with performance of the Contract.

III.I. Use and Possession Prior to Substantial Completion

Upon notice by the Contracting Officer, the Government shall have the right to take possession of, use, or operate with Government employees or other contractors, any completed or partially completed part of the Work prior to Substantial Completion. Exercise by the Government of the right shall not relieve the Contractor of responsibility for completing any unfinished components of the Work.

III.J. 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.K. Liquidated Damages

The Contractor acknowledges that time is of the essence for the performance of the Work, and that determining actual damages from delay would be extremely difficult and impractical. If the Contractor fails to achieve Substantial Completion of the Work in accordance with FAR 52.211-12, Liquidated Damages 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.L. 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.M. 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 in an original and two (2) copies to the designated billing office specified in this Contract or in individual delivery/work orders.

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

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

(i) GSA Form 184A and/or 184B - Construction Progress Report (Construction Phases Only), including the updated Schedule of Values upon which the payment request is based;

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

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

(iv) Updated project schedule that complies with Contract Documents

(v) Additional documentation:

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

(a) Progress Payments: 14 days

(b) Subsequent Subcontractor Payments: 7 days

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

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

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

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

http://www.finance.gsa.gov/ http://www.finance.gsa.gov/ http://www.gsa.gov/portal/category/107203 http://www.fedidcard.gov/centerlist.aspx

(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.