FINAL_R4 JOCC The Agreement dd 2021-04-09 .pdf

GSA Solicitation No. 47PE1921R0002

Document: 47PE1921R0002 (March 2021) (The Agreement)

Region 4 Single Award Indefinite Delivery/Indefinite Quantity (IDIQ), Job Order Construction Contracts (JOCC), for Construction

Services in the States of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee

THE AGREEMENT

Notice to Offerors of Total Small Business Set-Aside

The General Services Administration (GSA) is setting aside the contract under the following:

52.219-6, Notice of Total Small Business Set Aside

Table of Contents

I. Project Information A. Project Summary B. The Contract C. Contract Duration D. Contract Limits and Amounts E. Contract Geographic Areas F. Period Of Performance G. Work Conditions/Site Requirements H. Authorized Representatives I. Contract Liquidated Damages Rate J. Buy American Exceptions

II. Prices

A. Basis of Pricing B. Contract Price Form

III. Terms and Conditions

A. Contractor Responsibilities B. Contractor Management and Personnel C. Project Schedule D. Extensions of Time E. Interpretation of Specifications and Drawings F. Submittals G. Substantial Completion and Task Order Completion H. Use and Possession Prior to Substantial Completion I. Finality of Contract Modifications J. Liquidated Damages K. Insurance Requirements L. Order of Precedence M. Task Orders N. Administrative Matters O. Non-Compliance with Contract Requirements P. Green Product Requirement Q. Working Hours R. Safety and Health S. For Task Order Scopes of Work that contain Lead-Based Paint T. For Task Order Scopes of Work that contain Asbestos U. Additional Terms and Conditions V. Safeguarding Sensitive Data and Information Technology Resources W. Key Sustainable Products (KSP’s) X. Waste Diversion Requirements

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

I. Project Information

I.A. Project Summary

This is an Indefinite Delivery Indefinite Quantity (IDIQ), Single Award Job Order Construction Contract (JOCC), for Construction Services in the following geographic areas:

1. State of Alabama

2. Florida Northern District

a. (Cities:Tallahassee, Gainesville, Marianna, Panama City and Pensacola; Counties: Alachua, Bay, Calhoun, Dixie, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, and Washington)

3. Florida Middle District

a. (Cities: Tampa, Fernandina, Fort Myers, Jacksonville, Live Oak, Ocala, Orlando and St. Petersburg; Counties: Baker, Bradford, Brevard, Charlotte, Citrus, Clay, Collier, Columbia, De Soto, Duval, Flagler, Glades, Hamilton, Hardee, Hendry, Hernando, Hillsborough, Lake, Lee, Manatee, Marion, Nassau, Orange, Osceola, Pasco, Pinellas, Polk, Putnam, St. Johns, Sarasota, Seminole, Sumter, Suwannee, Union, and Volusia)

4. Florida Southern District

a. (Cities: Miami, Fort Lauderdale, Fort Pierce, Key West, and West Palm Beach; Counties: Broward, Dade, Highlands, Indian River, Martin, Monroe, Okeechobee, Palm Beach, and St. Lucie)

5. Georgia Atlanta Regional Office (Northern District)

a. (Cities: Atlanta, Gainesville, Rome and Newnan; Counties: Banks, Barrow, Bartow, Carroll, Catoosa, Chattooga, Cherokee, Clayton, Cobb, Coweta, Dade, Dawson, De Kalb, Douglas, Fannin, Fayette, Floyd, Forsyth, Fulton, Gilmer, Gordon, Gwinnett, Habersham, Hall, Haralson, Heard, Henry, Jackson, Lumpkin, Meriwether, Murray, Newton, Paulding, Pickens, Pike, Polk, Rabun, Rockdale, Spalding, Stephens, Towns, Troup, Union, Walker, White and Whitfield)

6. Georgia Middle/Southern District

a. (Cities: Macon, Albany, Columbus, Athens, Valdosta, Savannah, Augusta, Dublin, Waycross, Brunswick and Statesboro; Counties:

Baker, Baldwin, Ben Hill, Berrien, Bibb, Bleckley, Brooks, Butts, Calhoun, Chattahoochee, Clarke, Clay, Clinch, Colquitt, Cook, Crawford, Crisp, Decatur, Dooly, Dougherty, Early, Echols, Elbert, Franklin, Grady, Greene, Hancock, Harris, Hart, Houston, Irwin, Jasper, Jones, Lamar, Lanier, Lee, Lowndes, Macon, Madison, Marion, Miller, Mitchell, Monroe, Morgan, Muscogee, Oconee, Oglethorpe, Peach, Pulaski, Putnam, Quitman, Randolph, Schley, Seminole, Stewart, Sumter, Talbot, Taylor, Terrell, Thomas, Tift, Turner, Twiggs, Upson, Walton, Washington, Webster, Wilcox, Wilkinson, Worth, Appling, Atkinson, Bacon, Brantley, Bryan, Bulloch, Burke, Camden, Candler, Charlton, Chatham, Coffee, Columbia, Dodge, Effingham, Emanuel, Evans, Glascock, Glynn, Jeff Davis, Jefferson, Jenkins, Johnson, Laurens, Liberty, Lincoln, Long, McDuffie, McIntosh, Montgomery, Pierce, Richmond, Screven, Taliaferro, Tattnall, Telfair, Toombs, Treutlen, Ware, Warren, Wayne, Wheeler and Wilkes)

7. Georgia GSA AFC Five (5) Building Complex with Approximately 2M SQ. FT.

a. (Cities: Atlanta; County: Fulton )

8. State of Kentucky

9. State of Mississippi

10. State of North Carolina

11. State of South Carolina

12. State of Tennessee

The scope of work performed under the task orders will primarily consist of, but not limited to:

construction, repair and alteration, and tenant finish projects for the GSA and other government agencies in occupied federally owned or leased buildings. The typical task orders may include, but not limited to: interior and exterior finishes, landscaping, civil, mechanical, plumbing, electrical, structural, fire safety, elevators, environmental, and roofing.

I.B. The Contract

(1) The Contract consists of the SF1442 and Supplement, 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) For each task order, 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 task order Documents (the Work), whether temporary or permanent. In consideration for, and upon condition of, the Contractor's completion of the Work, GSA will pay the Contractor the price or prices established in the task order, Section II, subject to the terms and conditions set forth in this Contract (Base IDIQ Contract). Award of task orders will be on a firm fixed price basis. The task orders will consist of (but not limited to) the Task Order GSA 300, the Task Order Agreement, the Task Order Statement of Work, Task Order Specifications, Task Order Drawings, Task Order Exhibits, Task Order Amendments, Task Order Modifications, and other Task Order Attachments identified at a later date.

(3) The work will primarily consist of, but is not limited to: construction, repair and alteration, and tenant finish projects for the GSA and other government agencies in occupied federally owned or leased buildings. Typical task orders may include, but are not limited to: interior and exterior finishes, landscaping, civil, mechanical, plumbing, electrical, and structural, fire safety, elevators, environmental, and roofing components/systems. The Government reserves the right to perform, or have performed by others, any services required within the region.

I.C. Contract Duration

(1) Term of Contract. The Base IDIQ Contract will be for period of one (1) year from the date of contract award. Task orders may be placed under this contract from date of award through the expiration date of the Contract.

(2) Optional Contract Periods.

GSAR 552.217-71 Notice Regarding Option(s) (Nov 1992)

The General Services Administration (GSA) has included an option to extend the term of this contract in order to demonstrate the value it places on quality performance by providing a mechanism for continuing a contractual relationship with a successful Offeror that performs at a level which meets or exceeds GSA’s quality performance expectations as communicated to the Contractor, in writing, by the Contracting Officer or designated representative. When deciding whether to exercise the option, the Contracting Officer will consider the quality of the Contractor’s past performance under this contract in accordance with 48 CFR 517.207.

In accordance with GSAR 517.203, solicitations that include an option to extend should inform Offeror that the contract could result in a long term contractual relationship subject to both of the following conditions: Continuing need by GSA, and level of contract performance that at least meets GSA’s quality performance expectations.

The Government reserves the unilateral right to exercise the options to extend the term of the Contract. This Contract contains options that allow the government to extend the Base IDIQ Contract for four (4) one-year option periods.

FAR 52.217-8 Option to Extend Services (Mar 2000)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

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

The Government may extend the term of this contract by written notice to the contractor within the term of the contract; provided that the Government gives the contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. If the Government exercises this option, the extended contract shall be considered to include this option clause. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

I.D. Contract Limits and Amounts

(1) Task Order Limitations. The majority of task orders are anticipated to range in value between $2,000 and $250,000; however, contractors may accept - but are not obligated to

- task orders above $250,000 under the general terms of the Contract.

(2) Minimum Guarantee. The Government makes no representation as to the number of task orders or actual amount of work to be ordered; however, there is a minimum of $1,000 guaranteed to each awardee over the duration of the Base IDIQ Contract period. In the event a firm receives awards of less than this guaranteed minimum, the Government will reimburse the Contractor, upon request, the difference between the actual obligation and the guaranteed minimum. In order to be considered for payment the invoice request must be submitted within the first quarter during the first option year.

(3) Maximum Limitation. The maximum value (total of the base and all optional periods) of each contract awarded as a result of this solicitation is $5,000,000. Refer to section IV.A.3 FAR 52.216-19 (Order Limitations) which specifies task order limitations.

I.E. Contract Geographic Areas

The initial geographic areas will be as follows:

1. State of Alabama

2. Florida Northern District

a. (Cities: Tallahassee, Gainesville, Marianna, Panama City and Pensacola;

Counties: Alachua, Bay, Calhoun, Dixie, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, and Washington)

3. Florida Middle District

a. (Cities: Tampa, Fernandina, Fort Myers, Jacksonville, Live Oak, Ocala, Orlando and St. Petersburg; Counties: Baker, Bradford, Brevard, Charlotte, Citrus, Clay, Collier, Columbia, De Soto, Duval, Flagler, Glades, Hamilton, Hardee, Hendry, Hernando, Hillsborough, Lake, Lee, Manatee, Marion, Nassau, Orange, Osceola, Pasco, Pinellas, Polk, Putnam, St. Johns, Sarasota, Seminole, Sumter, Suwannee, Union, and Volusia)

4. Florida Southern District

a. (Cities: Miami, Fort Lauderdale, Fort Pierce, Key West, and West Palm Beach; Counties: Broward, Dade, Highlands, Indian River, Martin, Monroe, Okeechobee, Palm Beach, and St. Lucie)

5. Georgia Atlanta Regional Office (Northern District)

a. (Cities: Atlanta, Gainesville, Rome and Newnan; Counties: Banks, Barrow, Bartow, Carroll, Catoosa, Chattooga, Cherokee, Clayton, Cobb, Coweta, Dade, Dawson, De Kalb, Douglas, Fannin, Fayette, Floyd, Forsyth, Fulton, Gilmer, Gordon, Gwinnett, Habersham, Hall, Haralson, Heard, Henry, Jackson, Lumpkin, Meriwether, Murray, Newton, Paulding, Pickens, Pike, Polk, Rabun, Rockdale, Spalding, Stephens, Towns, Troup, Union, Walker, White and Whitfield)

6. Georgia Middle/Southern District

a. (Cities: Macon, Albany, Columbus, Athens, Valdosta, Savannah, Augusta, Dublin, Waycross, Brunswick and Statesboro; Counties: Baker, Baldwin, Ben Hill, Berrien, Bibb, Bleckley, Brooks, Butts, Calhoun, Chattahoochee, Clarke, Clay, Clinch, Colquitt, Cook, Crawford, Crisp, Decatur, Dooly, Dougherty, Early, Echols, Elbert, Franklin, Grady, Greene, Hancock, Harris, Hart, Houston, Irwin, Jasper, Jones, Lamar, Lanier, Lee, Lowndes, Macon, Madison, Marion, Miller, Mitchell, Monroe, Morgan, Muscogee, Oconee, Oglethorpe, Peach, Pulaski, Putnam, Quitman, Randolph, Schley, Seminole, Stewart, Sumter, Talbot, Taylor, Terrell, Thomas, Tift, Turner, Twiggs, Upson, Walton, Washington, Webster, Wilcox, Wilkinson, Worth, Appling, Atkinson, Bacon, Brantley, Bryan, Bulloch, Burke, Camden, Candler, Charlton, Chatham, Coffee, Columbia, Dodge, Effingham, Emanuel, Evans, Glascock, Glynn, Jeff Davis, Jefferson, Jenkins, Johnson, Laurens, Liberty, Lincoln, Long, McDuffie, McIntosh, Montgomery, Pierce, Richmond, Screven, Taliaferro, Tattnall, Telfair, Toombs, Treutlen, Ware, Warren, Wayne, Wheeler and Wilkes)

7. Georgia GSA AFC Five (5) Building Complex with Approximately 2M SQ. FT.

a. (Cities: Atlanta; County: Fulton)

8. State of Kentucky

9. State of Mississippi

10. State of North Carolina

11. State of South Carolina

12. State of Tennessee

The GSA reserves the right to negotiate across geographic areas within the eight (8) state region, should the circumstances arise (e.g., non-performance, vendor capacity, et al).

I.F. Period of Performance

(1) Commencement. The Contractor shall commence performance of the Work in accordance with each individual task order.

(2) Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, in accordance with each individual task order.

(3) Contract/Task Order Completion. Unless otherwise indicated in each individual task order, the Contractor shall achieve task order Completion, as the term is defined in this Agreement, within 60 calendar days of Substantial Completion. Contract Completion occurs when all task orders issued are complete and all monies are paid to the contractor.

I.G. Work Conditions/Site Requirements

Each individual task order will specify the work conditions and/or site requirements.

No oral statement made by a Government representative during any site visit or preproposal 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 preproposal conference indicate a need to modify the request for proposals, an amendment to the solicitation will be issued in writing.

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

I.H. Authorized Representatives

(1) This Contract is between the United States of America, acting by and through the Administrator of General Services (GSA), and the Contractor (the Parties). References in this Contract to "the Owner" or "the Government" shall be understood to refer to GSA. The following individual is designated as the only authorized GSA representative under this Contract, unless other warranted contracting officers are designated in writing:

Authorized Representative Information:

Contracting Officer’s Information

Name: Endya Lemon

Address: 77 Forsyth St. SW, Atlanta, GA 30303

Telephone: All communication will be in writing

Email: R4JOCC@gsa.gov

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

I.I. Contract Liquidated Damages Rate

In accordance with the “Liquidated Damages” clause in Section III (Terms and Conditions), liquidated damages shall be calculated at the rate of $100 per day for each task order. These amounts will be deducted from the respective Task Order value for each day a contractor has not reached substantial completion beyond the established substantial completion date.

I.J. Buy American Exceptions

Bid Factors submitted by Contractors shall assume no exceptions to Buy American Requirements.

For the applicable Buy American clause and any exceptions, see Section IV of this Agreement. Additional exceptions may be listed in individual task orders.

II. Prices

II.A. Basis of Pricing

Pricing for this contract will be based upon the 2021 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:

RSMeans data from Gordian 30 Patewood Drive Building 2, Suite 350 Greenville, SC 29615 888-878-4604 https://www.rsmeans.com/products/books.aspx

The “Total Incl O&P” Cost from the RS Means Book, when multiplied by the Offeror’s proposed Bid Factor, will establish Task Order pricing. The “Total Incl O&P” Cost of a unit of work will be determined by the RS Means column entitled “Total Incl O&P”, NOT the column entitled “Bare Cost”.

NOTES:

1. 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 Bid 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 bid factor.

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

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

“Total Incl O&P” Cost (Labor, Material and Equipment) Bid Factor (Base Year) – Geographic Area 1 @ 90%

TOTAL JOB ORDER PRICE

$10,000.00 X 0.90 $9,000.00

The Bid Factors are proposed as a percentage (in decimal format) increase or decrease to the RS Means Book. The offeror shall limit the Bid Factors to two (2) decimal places. The offeror shall propose a Base Year Bid Factor and an Option Year Bid Factor for each https://www.rsmeans.com/products/books.aspx

Option Year.

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

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

2. Materials;

3. Equipment;

4. Subcontractor costs;

5. Subcontractor mark-ups;

6. General / Prime Contractor Overhead;

7. General / Prime Contractor Profit and risk;

8. Bond premiums;

9. Social security contributions;

10. General insurances;

11. Workman’s compensations insurance;

12. State unemployment insurance;

13. Federal unemployment insurance;

14. Mobilization and demobilization costs;

15. Site cleanup;

16. Labor adjustments between the RS Means given labor rates and the Davis/Bacon Labor Rates included in the contract;

17. Supervision;

18. Quality control;

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

20. Shipping of all materials to the jobsite;

21. Lodging and per-diem;

22. Adjustment factors to account for small jobs;

23. Incidental tools and equipment;

24. Submittals;

25. Job Order preparation costs;

26. All contingencies;

27. All Division 1 - General Requirements;

28. One (1) year warranty;

28. All requirements of the Contract.

II.B. Contract Price Form

See the attached SF 1442 and Supplement to SF 1442

III. Terms and Conditions

The requirements set forth in this Agreement are baseline requirements. Task orders may include additional requirements to address individual project needs. Refer to the task order for project specific requirements.

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 (15) percent 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) In accordance with 52.246-21, Warranty of Construction, The Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of one (1) year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of one (1) year from the date the Government takes possession.

There may be longer warranty periods, as specified in each individual task order.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of-

(1) The Contractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall-

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

(3) The Contractor must respond to the Ordering Official to emergency warranty requests within one (1) hour and non-emergency warranty requests within twenty-four (24) hours.

Emergency warranty work must be completed within twenty-four (24) hours of notification and non-emergency work must be completed within seventy-two (72) hours of notification. The Contractor must immediately notify the CO or designee with a written extension request when the warranty work cannot be completed within the specified timeframe.

There may be more specific response times, as specified in each individual task order.

(4) 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.

(5) 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.

(6) 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.

(7) This Contract is intended for the sole benefit of the Parties; no person shall be deemed a third party beneficiary of this Contract. Notwithstanding the foregoing, the Contractor shall include in all subcontracts that require professional design services express terms establishing GSA as a third party beneficiary.

(8) Where installation of separate Work components as shown in the task order 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.

(9) 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 task order 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 task order requirements.

(10) It is not the Contractor's responsibility to ensure that the task order Documents comply with applicable laws, statutes, building codes, and regulations. If it comes to the attention of the Contractor that any of the task order 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.

(11) 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.

(12) The Contractor must submit a safety plan before commencing work. In accordance with FAR 52.236-13, Accident Prevention ALT I, the Contractor is responsible for safety on the Project site and must submit a safety plan before commencing work.

(13) 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.

(14) 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 for emergencies within one (1) hour and for non-emergencies within twenty-four (24) hours of being contacted by the owner representative.

(15) 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.

(16) The Contractor’s principal tasks may include, but are not limited to: field verification and site investigations, required testing, design services, reviewing designs, preparing cost estimates, reviewing cost estimates, providing schedules, keeping records, reporting on progress, resolving problems, conducting value engineering exercises, performing constructability reviews, submittals, coordination of all documents and requirements, promptly reporting to the Contracting Officer any ambiguities or discrepancies found in the project requirements or documents, coordination of all activities, coordination of all meetings, construction, maintaining daily logs, weekly and monthly reports, administration of all subcontracts, administration and execution of quality control plan, commissioning, performing administrative collection of sustainable design and construction-related materials and processes, construction waste recycling receipts, and other services as defined in the Contract Documents.

(17) The Contractor will conduct or assist in conducting weekly construction progress meetings. The Contractor may be required to keep and distribute meeting minutes. The progress meetings should be held at or near the construction site.

(18) The Contractor shall be responsible for maintaining satisfactory standards of employee conduct, competency, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to their employees or subcontractor’s employees as may be necessary. The Contractor is responsible for ensuring that their employees and subcontractor’s employees do not disturb papers on desks, open desk drawers or cabinets, or use Government telephones or any government equipment, (office tools, supplies, and/or materials), except as authorized by the Contracting Officers Representative or Contracting Officer.

(19) The Contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of this contract and shall hold the Government harmless for any action or inaction on the Contractor’s part or that of his employees or subcontractors which result in illness, injury, or death.

See project specific safety and health requirements in each task order.

(20) The Contractor shall comply with all applicable environmental protection requirements including all federal, state, and local laws, regulations, and standards. All environmental protection matters shall be coordinated with the ordering official. Inspection of any of the facilities operated by the contractor or work sites at which the contractor is performing work under an individual task order may be accomplished by the ordering official or his/her designated representative on a no-notice basis during normal working hours. In the event that a regulatory agency assesses a monetary fine against the Government for violations caused by Contractor negligence, the contractor shall reimburse the Government for the amount of that fine and other costs. The Contractor shall also clean up any oil and environmentally hazardous spills which result from the Contractor’s operations.

(21) The Contractor is required to have access to the Internet. All project managers or points of contact for the prime Contractor are required to have individual e-mail addresses, accessible through the Internet.

(22) The Contractor agrees that all electronic and hard copy drawings, files, photographs, renderings, blueprints, specifications, and/or other materials generated within the contract shall belong at all times to the Government and the Government reserves the right to modify and/or distribute said electronic and hard copies.

(23) The Contractor will review submittals to verify installation and use of energy-, water-, and resource-efficient systems and equipment, sustainable construction materials including renewable, bio-based content (EPA- and USDA-designated items), recyclable and recycled-content materials; materials that contribute to responsible indoor environmental quality practices; site work strategies, and demolition including recycling, salvage and reuse;

environmental remediation; the recycling process/disposal of construction waste.

(24) Enterprise electronic Project Management (e-PM) system

Contractor shall utilize an e-PM system on task orders resulting from this contract. GSA’s goal is to implement this state-of-the art technology to reduce administrative and overhead costs, eliminate redundancies, and institute a collaboration tool to ensure better accountability among all project team members. This technology will provide up-to-date information, encourage disciplined methods for monitoring progress, ensure better communication regarding changes, provide improved documentation, and enable PBS executives to have real-time access to status of projects.

(25) e-PM Project Documentation

If e-PM is used on the task order, the Contractor will be required to timely and accurately post, review, respond, and collaborate with other team members. The following features and/or workflow processes may be used within the ePM system:

● Project Team Directory – Contractor will provide an updated directory of contact information for all companies, subcontractors and project team members who are engaged on this project.

● Schedules – Contractor will post, review, and/or respond to CPM schedule updates within the ePM system.

● Meeting Minutes – Contractor will enter meeting agendas, records and minutes in the system for all applicable meetings as designated by the GSA PM.

● Project Correspondence – Contractor will manage and maintain all incoming and outgoing correspondence and associated logs for all correspondence related to the project.

● Budget and Cost Management – Contractor to provide estimates and work breakdown structure (WBS) to provide GSA with accurate budget/cost analysis.

● Contract Management – Contractor to provide administration of all contract tasks related to the project.

● Pay Applications Requests (Invoices) – Contractor will upload invoices and all supporting information to the system for review by GSA.

● Progress Photos – Contractor will upload all progress photos into the system.

● Permits & Approvals – Contractor will upload and maintain current copies of all permits and agency approvals that relate to the project.

● Design Drawings/Design Packages – Contractor will submit design drawings and design packages into the system.

● Design Review Comments – Contractor will post and/or respond to design comments related to his/her role in the project team

● Daily/Progress Reports – The Contractor identified in e-PM will maintain construction progress reports, daily reports/logs, and documentation of inspections.

● Inspection Reports – Maintain inspection reports on materials and/or workmanship to assure compliance with all construction requirements.

● Safety/Injury Reports – Maintain reports on construction contractors' compliance with current safety regulations and standards.

● Punchlists – Maintain list(s) of observed defects and omissions.

● Request For Information (RFI) – The system will manage the RFI process and all

Request for Information shall be entered by the Contractor within the e-PM system.

● Issue Tracking – Contractor to log and respond to issues that are related and affect other stakeholders within the project team.

● Submittals – The system will manage the submittals and the Contractor is responsible for uploading submittal documentation and using the system to track the submittal process.

● Change Management – Cost Events and Change Orders will be managed by the e-PM system and the Contractor is responsible for reporting potential changes and logging Requests for Change Orders in the system. The Contractor will also upload and manage all documentation supporting Requested Change Orders.

● Shop Drawings – The Contractor will submit all shop drawings in the system for review by GSA (and the CM where applicable).

● As-built Drawings and Specifications – The Contractor will use the system to record all approved specifications as well as all as-built construction documents.

GSA reserves the right to require the Contractor to upload other documentation not mentioned above that is needed to support the project.

(26) e-PM Equipment and Training

The e-PM system is maintained and operated at the GSA PBS Enterprise Service Center in Chantilly, VA. Users will be provided a username and password after they have completed the HSPD-12 process. Users are able to have a waiver requested as soon as they have submitted their fingerprints as part of their NACI clearance application which can expedite the process of getting an ePM account. Additionally, users must complete a user request form and sign the rules of behavior as another requirement for access. Only one account per person, the account cannot be shared.

GSA will provide guidance concerning training sessions to familiarize team members with the system. All Contractor staff is expected to attend GSA sponsored training on the system’s use. GSA does offer online training once the basic introductory training is completed. The training, training facilities, and training materials will be provided by GSA. All other costs associated with equipment and training is the responsibility of the Contractor. Furthermore, all Contractor team members who are actively participating on projects utilizing e-PM must have access to the proper computer equipment and software to access and utilize the e-PM system and be trained in the proper usage of said equipment and software. All workstations require a high-bandwidth Internet connection.

(27) e-PM Document Security

Electronic design and construction documents stored in the e-PM system contain various levels of sensitive but unclassified (SBU) information, as defined by PBS Order 3490.2. The ability of the GSA to provide for the safety and security of persons and property under its charge and control is a major concern of the GSA. Security procedures are necessary to reduce the risk that project information will be used for dangerous and/or illegal purposes.

Most email systems and FTP sites do not meet the necessary security requirements for the transmission of electronic SBU information, therefore the e-PM system will be the only acceptable means for electronically transferring SBU project information. Physical transfer of information is still acceptable.

(28) e-PM Personnel Requirements

The Contractor will be required to have an adequate number of people who can complete the HSPD-12 background check process to have rights to log into the e-PM system.

(29) e-PM Data Ownership

GSA shall retain ownership of all data entered into the e-PM system and shall administer and distribute all information contained therein.

(30) Sustainability

GSA recognizes that it has a responsibility to increase the sustainability of the Federal government by reducing the environmental impact of its buildings, products, and services, as well as its processes and activities in its goal to achieve a Net Zero Environmental Footprint.

Executive Order 13514, Federal Leadership in Environmental, Energy, and Economic Performance, requires Federal agencies to ensure that new construction, major renovations, and repairs and alterations of Federal buildings comply with the Guiding Principles for Federal Leadership in High Performance and Sustainable Buildings. In its Strategic Sustainability Performance Plan, GSA requires the incorporation of the Guiding Principles into 100% of its design, construction, renovation, repair and alteration project requirements and contract solicitations. The Guiding Principles include: I. Employ Integrated Design Principles; II.

Optimize Energy Performance; III. Protect and Conserve Water; IV. Enhance Indoor Environmental Quality; and V. Reduce the Environmental Impact of Building Materials. For more information, go to: http://www.gsa.gov/portal/content/101230.

III.B. Contractor Management and Personnel

FAR 52.236-6, Superintendence by the Contractor, is supplemented as follows:

(1) The Contractor shall employ sufficient management and contract administration resources, including personnel responsible for project management, field superintendence, change order administration, estimating, coordination, inspection, and quality control, to ensure the proper execution and timely completion of the Work. The Contractor shall designate a principal of the firm or other senior management official to provide executive oversight and problem resolution resources to the Project for the life of the Contract.

(2) The Contractor shall employ, and require its subcontractors to employ, qualified personnel to perform the Work. The Government reserves the right to exclude, or remove from the site or building, any personnel for reasons of incompetence, carelessness, or insubordination, who violate rules and regulations concerning conduct on federal property, or whose continued employment on the site is otherwise deemed by the Government to be contrary to the public interest.

(3) The Prime Contractor shall provide a full time superintendent while work under each task order is being performed and ensure that his superintendent and superintendence by his/hers subcontractors is maintained on a full-time basis at the site until work required by each task order and the contract is completed including acceptable completion of all work necessary to correct deficiencies and omissions discovered during final inspection.

No change in superintending personnel will be allowed without prior approval of the Contracting Officer. During the execution of each task order, the designated superintendent shall respond for emergencies within one (1) hour and for non-emergencies within twenty-four

(24) hours of being contacted by the owner representative.

(4) Repeated failure or excessive delay by the Contractor to provide qualified personnel shall be deemed a default for the purposes of the Termination for Default clause.

III.C. Project Schedule

(1) Unless otherwise specified in the individual task orders, the Contractor shall use a Critical Path Method ("CPM") Project Schedule to plan, coordinate, and perform the Work of each task. The Project Schedule shall be produced using widely used, commercially available computer software that is capable of generating and monitoring a CPM schedule and is compatible with Meridian Proliance.® For example, compatible software includes Microsoft Project,® Primavera SureTrak,® and Primavera Project Planner.® http://www.gsa.gov/portal/content/101230

(2) 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 and any task order.

(3) 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 task order price includes all costs of compliance with Project Schedule requirements.

(4) The Project Schedule shall depict all activities necessary to complete the Work, including, as applicable, all submittal and submittal review activities, all procurement activities, and all field activities, including mobilization, construction, start-up, testing, balancing, commissioning, and punchlist. Activities shall be sufficiently detailed and limited in duration to enable proper planning and coordination of the Work, effective evaluation of the reasonableness and realism of the Project Schedule, accurate monitoring of progress, and reliable analysis of schedule impacts.

(5) Within ten (10) days of NTP, or such other time as may be specified herein, the Contractor shall submit its Project Schedule to the Contracting Officer, together with a written narrative describing the major work activities, activities on the critical path, and major constraints underlying the sequence and logic of the Project Schedule. The Contractor shall submit the Project Schedule in both electronic and hardcopy print format.

(6) The Contractor should anticipate that its initial submittal of the Project Schedule shall be subject to review and revision as contemplated by Paragraph (11) of this clause, and the Contractor shall devote sufficient resources for meetings, revisions, and resubmissions of the Project Schedule to address exceptions taken by the Contracting Officer to the initial submittal. The Contractor understands and acknowledges that the purpose of the initial review and resolution of exceptions is to maximize the usefulness of the Project Schedule for the Parties during task order performance.

(7) Activity durations shall be based upon reasonable and realistic allocation of the resources required to complete each activity, given physical and logistical constraints on the performance of the Work. All logic shall validly reflect physical or logistical constraints on relationships between activities. Except for the first and last activities in the Project Schedule, each activity shall have at least one predecessor and one successor relationship to form a logically connected network plan from NTP to the task order Completion date.

(8) The Project Schedule shall incorporate milestone events specified in the task order, 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.

(9) Unless a shorter period for updates is specified elsewhere, the Contractor shall update the Project Schedule monthly to reflect its actual progress in completing the Work, and submit the updated Project Schedule to the Contracting Officer within five working days of the end of each month or other specified period.

(10) 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 and the available float for all activities. The Contractor shall only revise prospective activities, durations and logic, but addition of detail to prospective activities shall not be deemed a revision if the overall duration of the detailed activity does not change.

(11) If at any time the Contracting Officer finds that the Project Schedule does not comply with any task order 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. Regardless of whether the Contracting Officer takes any such exception, the Contractor shall not be relieved of its responsibility for the rationality, reasonableness or realism of the Project Schedule, or its responsibility to achieve Substantial Completion within the time specified by the task order.

(12) If the Contractor fails to sufficiently address the Contracting Officer's exceptions to the Project Schedule within thirty (30) calendar days 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.

(13) The Contracting Officer shall be entitled, but not required, to rely upon the Project Schedule to evaluate the…