Volume1FinalDoc.pdf

TABLE OF CONTENTS

VOLUME I OF III

STATUTORY REGULATIONS AND REQUIREMENTS

SECTION TITLE PAGE(S)

00800 SUPPLEMENTARY CONDITIONS 3 thru 23

GENERAL WAGE DECISION NO. VT070009 02/09/2007 24 thru 26

VOLUME II OF III

TECHNICAL SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

01010 SUMMARY OF THE WORK 3 thru 4

01035 OPTIONS 5 thru 6

01040 PROJECT COORDINATION 7 thru 12 01090 DEFINITIONS AND STANDARDS 13 thru 22 01140 WORK RESTRICTIONS 23 thru 23 01300 SUBMITTALS 24 thru 27 01310 SCHEDULES AND REPORTS 28 thru 29 01320 CONSTRUCTION PROGRESS DOCUMENTATION 30 thru 36 01400 QUALITY REQUIREMENTS 37 thru 42 01500 TEMPORARY FACILITIES 43 thru 45 01541 SECURITY REGULATIONS 46 thru 48 01546 SAFETY AND HEALTH 49 thru 51 01632 PRODUCTS 52 thru 55 01700 PROJECT CLOSEOUT 56 thru 60 01732 SELECTIVE DEMOLITION 61 thru 65

DIVISION 2 - GENERAL REQUIREMENTS

02300 EARTHWORK 66 thru 73 02511 HOT MIX ASPHALT PAVING 74 thru 78 02751 CEMENT CONCRETE PAVEMENT 79 thru 90

VOLUME III OF III

BID FORMS

SECTION TITLE PAGE(S)

SF 1442 SOLICITATION, OFFER, AND AWARD 1-3

00120 SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 4-11

REPRESENTATIONS AND CERTIFICATIONS 12

CONTRACTOR RESPONSIBILITY QUESTIONNAIRE 13-14

SF 24 BID BOND

GSA FORM

CONTRACTOR’S QUALIFICATIONS AND FINANCIAL

INFORMATION

LIST OF DRAWINGS

QUANTITY GSA DRAWING NUMBER ARCHITECT/ENGINEER

FIRM

DWGS PAVING DEMO DWG

PAVING INSTALL OPTION

PAVING INSTALL DWG.

PNNL

DRAWING

S

WS003051-01

WS003051-02

WS003051-03

WS003051-04

WS003051-05

WS003051-06

WS003051-07

WS003051-08

WS003051-09

WS003051-10

WS003051-Xref

U.S. General Services Administration

SPECIFICATIONS AND BID FORMS

SOLICITATION NO: GS-01P-08-BZ-C-0004

PROJECT: Site Preparation and Installation of Radiation Portal Monitor at US Border Station, Rt.91 Derby Line VT.

BID OPENING:

DATE: 03/04/2008

TIME: 2:00 PM (1400 hrs)

LOCATION: GENERAL SERVICES ADMINISTRATION

BUSINESS SERVICE CENTER, 1AB

10 CAUSEWAY STREET, ROOM 901

BOSTON, MA 02222-1077

Volume 1 of 3 This procurement is 100% set-aside for HUBZone qualified Small Business firms.

PROPERTY OF THE UNITED STATES GOVERNMENT

COPYING, DISSEMINATION, OR DISTRIBUTION OF THESE

DRAWINGS, PLANS,

OR SPECIFICATIONS TO UNAUTHORIZED USERS IS

PROHIBITED

Do not remove this notice

Properly destroy documents when no longer needed

THE INFORMATION COLLECTION REQUIREMENTS CONTAINED IN THIS SOLICITATION/ CONTRACT

THAT ARE NOT REQUIRED BY REGULATION HAVE BEEN APPROVED BY THE OFFICE OF

MANAGEMENT AND BUDGET PURSUANT TO THE PAPERWORK REDUCTION ACT AND ASSIGNED

OMB CONTROL NO. 3990-0163.

GSA Public Buildings Service U.S. General Services Administration 10 Causeway Street New England Region Boston, MA 02222 Program Operation Division

SECTION 00800

SUPPLEMENTARY CONDITIONS

CONSTRUCTION CONTRACT CLAUSES (FIXED

PRICE)

I. CLAUSES AND PROVISIONS refer to the sources of the clauses which provide for their use.

FAR refers to the Federal Acquisition Regulations and GSAR refers to the General Services Administration Acquisition Regulations. The FAR is published in Title 48 of the Code of Federal Regulations, Chapter 1 (48 CFR 1). The GSAR appears in Chapter 5 of Title 48 (48 CFR 5).

Occasionally, the term "Alternate" appears in a title. This term reflects the selected alternate wording of the particular clause or provision which appears in the FAR or GSAR.

II. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.arnet.gov/far/index.html

(End of Clause)

Copies of the FAR and GSAR are available at Government Book stores under the Code of Federal Regulations, 48 CFR, FAR - Volume 1, (Chapter 1); GSAR - Volume 3-6(Chapter 5). The FAR is also available at Federal Depository Libraries (College/University Libraries and local libraries).

For a subscription to the FAR contact:

Superintendent of Documents U.S. Government Printing Office

Washington, DC 20402-9375 (202)512-1800

CLAUSE

NUMBER

TITLE AND REFERENCE

52.202-1 Definitions (July 2004) [Reference FAR 2.201]

52.203-3 Gratuities (Apr 1984) [Reference FAR 3.202)

52.203-5 Covenant Against Contingent Fees (Apr 1984) [Reference FAR 3.404]

52.203-7 Anti-Kickback Procedures (Jul 1995) [Reference FAR 3.502-3]

52.203-8 Cancellation, Rescission and Recovery of Funds for Illegal or Improper Activity (Jan 1997)

[Reference FAR 3.104-9(a)] 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (Jan 1997)

[Reference FAR 3.104-9(b)] 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Sept 2007)

[Reference FAR 3.808]

552.203-71 Restrictions on Advertising (Sep 1999) [Reference GSAR 503.570-2]

52.204-4 Printing/Copying Double Sided on Recycled Paper (AUG 2000) [Reference FAR 4.303]

52.204-7 Central Contractor Registration (July 2006) [Reference FAR 4.1104]

52.204-9 Personal Identity Verification of Contractor Personnel (Sept 2007) [Reference FAR 4.1301]

52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sept 2006)

[Reference FAR 9.409(b)]

552.211-71 Standard References (Sep 1999) [Reference GSAR 511.204(a)]

552.211-84 Non-Compliance with Contract Requirements (Feb 1996) [Reference GSAR 511.404(b)]

52.214-26 Audit and Records -- Sealed Bidding (OCT 1997) [Reference FAR 14.201-7(a)] [Reference FAR 15.408(e)]

552.215-70 Examination of Records by GSA (Feb 1996) [Reference GSAR 514.201-7(b) and 515.209-70(a)]

52.219-3 Notice of Total HUBZone Set Aside (Jan 1999) [Reference FAR 19.1308(a)]

52.219-8 Utilization of Small Business Concerns (May 2004) [Reference FAR 19.708(a)]

52.222-1 Notice to the Government of Labor Disputes (Feb 1997) [Reference FAR 22.103-5(a)]

52.222-3 Convict Labor (Jun 2003)) [Reference FAR 22.202]

52.222-4 Contract Work Hours and Safety Standards Act-Overtime Compensation (July 2005)

[Reference FAR 22.305] 52.222-5 Davis-Bacon Act - Secondary Site of the Work (July 2005)

[Reference FAR 22.407(h)] 52.222-6 Davis-Bacon Act (July 2005)

[Reference FAR 22.407(a)] 52.222-7 Withholding of Funds (Feb 1988)

[Reference FAR 22.407(a)] 52.222-8 Payrolls and Basic Records (Feb 1988)

[Reference FAR 22.407(a)] 52.222-9 Apprentices and Trainees (July 2005)

[Reference FAR 22.407(a)] 52.222-10 Compliance with Copeland Act Requirements (Feb 1988)

[Reference FAR 22.407(a)] 52.222-11 Subcontracts (Labor Standards) (July 2005)

[Reference FAR 22.407(a)] 52.222-12 Contract Termination-Debarment (Feb 1988)

[Reference FAR 22.407(a)] 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (Feb 1988)

[Reference FAR 22.407(a)] 52.222-14 Disputes Concerning Labor Standards (Feb 1988)

[Reference FAR 22.407(a)] 52.222-15 Certification of Eligibility (Feb 1988)

[Reference FAR 22.407(a)] 52.222-21 Prohibition of Segregated Facilities (Feb 1999)

[Reference FAR 22.810(a)(1)] 52.222-26 Equal Opportunity (Mar 2007)

[Reference FAR 22.810(e)] 52.222-27 Affirmative Action Compliance Requirements for Construction (Feb 1999)

[Reference FAR 22.810(f)]

52.222-35 Affirmative Action for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006)

[Reference FAR 22.1310(a)(1) 52.222-36 Affirmative Action for Workers with Disabilities (Jun 1998)

[Reference FAR 22.1408(a)] 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam

Era, and Other Eligible Veterans (Sept 2006) [Reference FAR 22.1310(b)]

52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004)

[Reference FAR 22.1605]

52.222-50 Combating Trafficking in Persons (Aug 2007) [Reference FAR 22.1705(a)]

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Dec 2007)

[Reference 23.406(b)] 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997) (Alternate

I) (Jan 1995) [Reference FAR 23.303]

52.223-5 Pollution Prevention and Right-to-Know Information (Aug 2003) [Reference FAR 23.1005]

52.223-6 Drug-Free Workplace (May 2001) [Reference FAR 23.505(a)]

52.223-14 Toxic Chemical Release Reporting (Aug 2003) [Reference FAR 23.906(b)]

52.225-13 Restrictions on Certain Foreign Purchases (Feb 2006) [Reference FAR 25.1103(a)]

52.227-1 Authorization and Consent (Dec 2007) [Reference FAR 27.201-2(a)(1)]

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) [Reference FAR 27.202-2(b)]

52.227-4 Patent Indemnity--Construction Contracts (Dec 2007) [Reference FAR 27.201-2(d)(1) and (d)(2)

52.228-1 Bid Guarantee (Sep 1996) [Reference FAR 28.101-3(b)]

-Bid Guarantee 20% of the bid price or $3,000,000, whichever is less 52.228-2 Additional Bond Security (Oct 1997)

[Reference FAR 28.106-4(a)] 52.228-5 Insurance--Work on a Government Installation (Jan 1997)

[Reference FAR 28.310] 52.228-11 Pledges of Assets (Feb 1992)

[Reference FAR 28.203-6] 52.228-12 Prospective Subcontractor Requests for Bonds (Oct 1995)

[Reference FAR 28.106-4(b)] 52.228-14 Irrevocable Letter of Credit (Dec 1999)

[Reference FAR 28.204-4] 52.228-15 Performance and Payment Bonds - Construction (Nov 2006)

[Reference FAR 28.102-3(a)] 552.228-70 Workmen’s Compensation Laws (SEP 1999)

[Reference GSAR 528.310(a)]

52.229-3 Federal, State and Local Taxes (Apr 2003) [Reference FAR 29.401-3]

52.229-4 Federal, State and Local Taxes (State and Local Adjustments) (Apr 2003) [Reference FAR 29.401-3]

52.232-5 Payments Under Fixed-Price Construction Contracts (Sept 2002) [Reference FAR 32.111(a)(5)]

52.232-17 Interest (Jun 1996) [Reference FAR 32.617(a)]

52.232-18 Availability of Funds (Apr 1984) [Reference FAR 32.705-1(a)]

52.232-23 Assignment of Claims (Jan 1986) [Reference FAR 32.806(a)(1)]

52.232-27 Prompt Payment for Construction Contracts (Sept 2005) [Reference FAR 32.908(b)]

552.232-70 Invoice Requirements (SEP 1999) [Reference GSAR 532.111(a)]

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (Oct 2003)

[Reference FAR 32.1110(a)(2)]

52.233-1 Disputes (July 2002) [Alternate I](Dec 1991) [Reference FAR 33.215]

52.233-3 Protest After Award (AUG 1996) [Reference FAR 33.106(b)]

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) [Reference FAR 33.215(b)]

52.236-1 Performance of Work by Contractor (Apr 1984) The Contractor shall perform on the site, and with its own organization, work equivalent to at least twelve percent (12%) of the total amount of work to be performed under the contract.

[Reference 36.501(b)] 52.236-2 Differing Site Conditions (Apr 1984)

[Reference FAR 36.502] 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984)

[Reference FAR 36.503] 52.236-5 Material and Workmanship (Apr 1984)

[Reference FAR 36.505] 52.236-6 Superintendence by the Contractor (Apr 1984)

[Reference FAR 36.506] 52.236-7 Permits and Responsibilities (Nov 1991)

[Reference FAR 36.507] 52.236-8 Other Contracts (Apr 1984)

[Reference FAR 36.508] 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (Apr 1984) [Reference 36.509]

52.236-10 Operations and Storage Areas (Apr 1984) [Reference FAR 36.510]

52.236-11 Use and Possession Prior to Completion (Apr 1984) [Reference FAR 36.511]

52.236-12 Cleaning Up (Apr 1984) [Reference FAR 36.512]

52.236-13 Accident Prevention (Jan 1991) [Reference FAR 36.513]

52.236-14 Availability and Use of Utility Services (Apr 1984) [Reference FAR 36.514]

52.236-15 Schedules for Construction Contracts (Apr 1984) [Reference FAR 36.515]

52.236-17 Layout of Work (Apr 1984) [Reference 36.517]

52.236-21 Specifications and Drawings for Construction (Feb 1997) Alternate I (Apr 1984) Alternate II (Apr 1984)

[Reference FAR 36.521] 52.236-26 Preconstruction Conference (Feb 1995)

[Reference FAR 36.522] 552.236-70 Definitions (Apr 1984)

[Reference GSAR 536.570-1] 552.236-71 Authorities and Limitations (Apr 1984)

[Reference GSAR 536.570-2] 552.236-72 Specialist (Apr 1984)

[Reference GSAR 536.570-3] 552.236-74 Working Hours (Apr 1984)

[Reference GSAR 536.570-5] 552.236-75 Use of Premises (Apr 1984)

[Reference GSAR 536.570-6] 552.236-76 Measurements (Apr 1984)

[Reference GSAR 536.570-7] 552.236-77 Specifications and Drawings (SEP 1999)

[Reference GSAR 536.570-8] 552.236-78 Shop Drawings, Coordination Drawings, and Schedules (SEP 1999)

[Reference GSAR 570-9] 552.236-79 Samples (Apr 1984)

[Reference GSAR 536.570-10] 552.236-82 Subcontracts (Apr 1984)

[Reference GSAR 536.570-13] 52.242-14 Suspension of Work (Apr 1984)

[Reference FAR 42.1305(a)]

52.243-4 Changes (June 2007) [Reference FAR 43.205(d)]

552.243-70 Pricing of Adjustments (Apr 1989) [Reference GSAR 543.205(a)(1)]

552.243-71 Equitable Adjustment (Apr 1984) [Reference GSAR 543.205(a)(2)]

52.246-12 Inspection of Construction (AUG 1996) [Reference FAR 46.312]

52.246-21 Warranty of Construction (Mar 1994) (Alternate 1) (Apr 1984) [Reference FAR 46.710(e)(1)

552.246-72 Final Inspection and Tests (SEP 1999) [Reference GSAR 546.312]

552.246-75 Guarantees (May 1989) [Reference GSAR 546.710(c)]

52.248-3 Value Engineering--Construction (Sept 2006) [Reference FAR 48.202]

52.249-2 Termination for Convenience of the Government (Fixed-Price) (May 2004)(Alt I)

(SEP 1996)

[Reference FAR 49.502(b)(1)(ii)] 52.249-10 Default (Fixed-Price Construction) (Apr 1984)

[Reference FAR 49.504(c)(1)]

552.252-6 Authorized Deviations or Variations in Clauses (Sep 1999) (Deviation FAR 52.252-6)

[Reference GSAR 552.107(b)]

52.253-1 Computer Generated Forms (Jan 1991) [Reference FAR 53.111]

V. THE FOLLOWING CLAUSES ARE INCORPORATED IN FULL TEXT.

52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

(Apr 1984) [Reference FAR 11.404(b)]

The Contractor shall be required to:

(a) Commence work under this contract within 10 calendar days after the Contractor receives notice to proceed,

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than 60 calendar days after the Contractor receives notice to proceed. The time stated for completion shall include final cleanup of the premises.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (JUNE

2007)

[Reference FAR 19.308(d)]

(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall re-represent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall re-represent its size status in accordance with the size standard in effect at the time of this re-representation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs

(e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ❏ is, ❏ is not a small business concern under NAICS Code ______________ assigned to contract number ______________. [Contractor to sign and date and insert authorized signer’s name and title].

(End of clause)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR

CONSTRUCTION (Feb 1999) [Reference FAR 22.810(b)]

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

GOALS FOR MINORITY GOALS FOR FEMALE

PARTICIPATION FOR PARTICIPATION FOR

EACH TRADE EACH TRADE

.8 % 6.9 %

These goals are applicable to all the Contractor's construction work performed in the covered area.

If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs Office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(i) Employer identification number of the subcontractor.

(2) Estimated dollar amount of the subcontract;

(3) Estimated starting and completion dates of the subcontract; and

(4) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is:

STATE: Vermont COUNTY: Orleans CITY: Derby Line

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT

FOR EPA-DESIGNATED PRODUCTS (Aug 2000)

[REFERENCE 23.406(b)]

(a) Definitions. As used in this clause -- "Post-consumer material" means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Post-consumer material is a part of the broader category of "recovered material."

"Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall --

(1) Estimate the percentage of the total recovered material used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to

Contracting Officer General Services Administration 10 Causeway St., 9th floor Boston, MA 02222-1077

(End of certification)

52.244-6 Subcontracts for Commercial Items (MAR 2007) [Reference FAR 44.403]

(a) Definitions. As used in this clause -- “Commercial item” has the meaning contained in Federal Acquisition Regulation

2.101, Definitions.

“Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or non-developmental items as components of items to be supplied under this contract.

(c)(1) The contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246);

(iii) 52.222-35, Affirmative Action for Special Disabled Veterans, Veterans of the

Vietnam Era and Other Eligible Veterans (Sept 2006)(38.U.S.C. 4212(a));

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29

U.S.C. 793); and

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004)(E.O.13201). Flow down as required in accordance with paragraph (g) of FAR clause 52.222-39).

(vi) 52.247-64, Preference for Privately-Owned U.S. Flagged Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241 and 10 U.S.C. 2631)(flow down required in accordance with paragraph (d) of FAR Clause 52.247-64).

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

(End of clause)

1. PROMPT PAYMENT:

(a) The contractor shall attend payment meetings each month, as scheduled herein, with the designated Government representative, prior to the submission of the contractor's progress payment invoice (payment request). These may be held in conjunction with the progress meetings held pursuant to Section 01040, entitled "Project Coordination.

(b) The payment meetings may be conducted in person or by telephone. The meetings will enable payments to be made promptly and within the dates established in the contract.

The purpose of the payment meetings is to enable the contractor and the Government representative to discuss the amount of the prospective payment and the supporting documentation required, and to reach agreement on the amount thereof. Inspections by all parties will be completed prior to or during the meeting, thus ensuring timely substantiation and agreement on payment amounts. The schedule for payment meetings is as follows:

(A schedule will be determined at the pre-construction conference.)

(b) The contractor shall submit the original invoice to the contracting officer, with a copy to the COR or, if a contract is being administered with the assistance of a CQM or CM contractor, a copy to such contractor, as follows (separate payment requests shall be submitted for progress payments, payments of retainage, and partial or final payments):

(Name and Address - to be determined at pre-construction conference)

(c) Payment requests shall not be submitted until the scheduled payment meetings are held. If the contractor fails to attend a payment meeting, the Government will make payment on the contractor's payment request based upon the results of the Government inspection, in an amount of no more than the Government's estimate of the amount due. The balance of the contractor's payment request will remain in dispute and will not be subject to any late payment penalty until such time that an invoice including the disputed amount is resubmitted and agreement is reached with the contracting officer on any payment amount being due.

(d) Payment due dates are based upon the receipt of a proper invoice by the contracting officer. If the invoice is defective (see FAR Clause 52.232-27, Prompt Payment for Construction Contracts, and GSAR Clause 552.232-70, Invoice Requirements), it will be returned to the contractor for appropriate action. If there is a disagreement over the payment amount, the contracting officer may pay the portion of the requested payment that is not in dispute.

(e) Any inquiries on payments are to be directed to the contracting officer, or designated representative.

2. INSURANCE:

The Contractor must refer to the FAR clause 52.228-5 "Insurance - Work on Government Installation", referenced herein. The coverage’s specified below, pursuant to Subpart 28.307 of the Federal Acquisition Regulation (FAR), are the minimum insurance required.

(a) Workers' Compensation and Employer's Liability. Contractors are required to comply with applicable Federal and State Workers' compensation and occupational disease statutes.

If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The contractor shall provide bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The contractor shall provide automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

3. CONTRACTOR PERFORMANCE EVALUATION SYSTEM:

GSA PBS participates in the National Institute of Health (NIH) Contract Performance System (CPS). The CPS is a Federal multiple agency, shared file system created by NIH to collect, maintain, and disseminate contractor performance information as required by Federal Acquisition Regulation (FAR), Subpart 42.15.

The system will be used to determine how well or how poorly a contractor performs on GSA contracts. Interim and final evaluations will be conducted to ensure that contractors are conforming to specifications and standards; adhering to schedules; and displaying cooperative behavior and commitment to customer satisfaction. Data collected in the evaluation includes quality of product/service; cost control; timeliness of performance; business relations; and socio-economic subcontracting goals. Upon completion of an evaluation, the evaluation will be forwarded to the contractor electronically for review and comment.

Because CPS is a shared file system, PBS procurement personnel will have access to other agencies' evaluations on prospective contractors to help in award decisions. The current participating Federal Departments/Agencies are: Departments of Health and Human Services, Agriculture, Treasury, Commerce, Justice (OJP, INS), Energy, State, Education, Labor, and Interior; Nuclear Regulatory Commission; Agency for International Development; U.S. Coast Guard; Environmental Protection Agency; U.S. Postal Service; Federal Emergency Management Agency; Veterans Affairs; and the General Services Administration.

The contractor must register with CPS at http://cpscontractor.nih.gov. Click where it says "Click here to start the process." Clicking the tab on the next page marked "CPS Info" will send you to a page containing Registration Information and a User's Manual. There is no fee for registration.

4. SECURITY REQUIREMENTS AND PERSONAL IDENTITY VERIFICATION

PROCEDURES (Non-Classified Contract)

A. GENERAL The contractor shall comply with directions provided by the Contracting Officer (CO) regarding all security requirements. All contract employees shall receive a favorable suitability determination, security clearance, and/or meet all security requirements, prior to reporting to work or performing work under this contract. Employees that can not obtain a favorable security determination, security clearance, or meet security requirements, will not be allowed to work in the Government facility.

If the Contracting Officer or his/her representative receives an unfavorable or unsuitable report on any employee, or if the Contracting Officer's Representative finds a prospective employee to be unsuitable or unfit for his/her assigned duties, the Contractor shall be advised immediately that such employee will not be allowed to work or be assigned to work under the contract.

B. The Government has full and complete control over granting, denying, withholding or terminating clearances for employees. The Government may authorize and grant temporary clearance to employees of the Contractor. However, the granting of a temporary clearance shall not be considered, as assurance that full clearance will follow. The granting of either temporary or full clearance shall not prevent, preclude, or bar the withdrawal or termination of any such clearance by the Government.

C. HOMELAND SECURITY PRESIDENTIAL DIRECTIVE (HSPD) -12 HSPD-12 is the “Policy for a Common Identification Standard for Federal Employees and Contractors” (the Directive) and became effective August 27, 2004. The Directive requires all Federal governmental departments and agencies to conduct background investigations and adjudicate the results (HSPD-12 compliant suitability determinations) for all contract employees requiring routine unescorted access to Federally-controlled facilities and/or information systems for more than 6 months before identification cards will be issued.

Contract employees working less than 6 months will be considered “temporary” and all facility access control procedures will apply. GSA may require low risk suitability determinations for “temporary” contract employees, or has the option of clearing “temporary” contractors with an HSPD-12 compliant suitability determination. “Temporary” contract employees that are not required to receive a favorable suitability determination shall be escorted at all times while in non-public space.

The Contractor shall comply with guidance concerning implementation of this Directive as provided herein and by the Contracting Officer (CO).

D. The Government may, as it deems appropriate, authorize and grant temporary suitability determinations to employees of the Contractor. However, the granting of a temporary suitability determination to any such employee shall not be considered as assurance that a favorable suitability determination will follow as a result or condition thereof, and the granting of either temporary or full determination shall in no way prevent, preclude or bar the withdrawal or termination of any such determination by the Government.

E. Depending on the contract and work, a full Notice-to Proceed shall be issued after the initial favorable preliminary suitable clearance process is completed for those required to work on the contract OR partial Notice-To-Proceed shall be issued as the favorable preliminary suitable clearance process is completed for phases of work under the contract in or on the Federally-controlled facility. Contract workers may be added throughout the performance period required by the contract, but must complete the clearance process prior to working in or on the Federally-controlled facility.

F. PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

The contractor shall comply with agency personal identity verification procedures that implement Homeland Security Presidential Directive-12 (HSPD-12) as required by the clause of this contract FAR 52.204-9 and all other security and clearance requirements provided herein and by the Contracting Officer (CO).

G. REQUIRED INFORMATION SUBMISSIONS Unless otherwise specified, the Contractor shall submit the information required below to the Government, as directed by the CO, as soon as possible after contract award (but not later than 14 calendar days before contract start date) for all personnel. The following information will be submitted to the Government for all new or replacement personnel within five (5) working days after contract award.. The CO will advise the Contractor on where this information will be submitted.

(1) All contract employees (including contract employees, subcontract employees, and officers of the firm) requiring unescorted access to federally controlled facilities and/or information systems for more than 6 months, and/or who may visit the work site during the period of this contract who need unescorted access shall submit the following:

(a) One copy of the FPS “Contractor Information Sheet” which will be provided to the Contractor at time of award. The Contractor shall complete the Contractor and Contractor Applicant Information Sections as directed by the Government.

(b) One original copy of completed SF 85P with original signature, Questionnaire for Public Trust Positions, with SF 86A, Continuation Sheet. The medical release form attached to the back of the 85P form is not required to be completed for NACI and NACIC background investigations. The SF-85P and 86A are available for download at http://www.gsa.gov/formslibrary. Alternatively, contractors may be required to submit this information electronically through a web-based network.

(c) Two original completed FD-258, Fingerprint Cards. The Government will furnish blank forms upon request.

(d) INCLUDE FOR IT CONTRACT EMPLOYEES ONLY - THOSE MAINTAINING OR WORKING ON GSA IT SYSTEMS/APPLICATIONS - One original GSA Form 3665, Credit Authorization Release.

(2) “Temporary” contract employees (including contract employees, subcontract employees, and officers of the firm) requiring unescorted access to federally controlled facilities for less than 6 months, or other “Temporary” contract employees as designated by the CO, who may visit the work site during the period of this contract who need unescorted access shall submit the following:

(a) One copy of a FPS “Contractor Information Sheet” which will be provided to the Contractor at time of award. The Contractor shall complete the Contractor and Contractor Applicant Information Sections as directed by the Government.

(b) One original copy of completed "Statement of Personal History" (FPS 176T or other prescribed form) which will be provided to the Contractor at time of award.

(c) Two original completed FD-258, Fingerprint Cards. The Government will furnish blank forms upon request.

H. The Contractor shall furnish the required information to the Government, as specified by the CO, in a sealed envelope together with a transmittal letter on company letterhead for each applicant. The transmittal letter shall be attached to the outside of the envelope and list the following:

(1) The Contractor Applicant’s full name;

(2) The contract number and if applicable, the order number;

(3) The Contracting Officer’s name;

(4) The Contracting Officer’s Representative (COR) or Contracting Officer’s Technical Representative (COTR) name;

(5) The Prime Contractor name, address, and telephone number;

(6) If applicable, the subcontractor, name, address and telephone number; and

(7) The name, address, and title of the Contractor representative submitting the security packet.

I. GENERAL DESCRIPTION OF THE CLEARANCE PROCESS

(1) Name Check and Fingerprint Check. Upon receipt of the sealed envelope containing the required forms, the Government will forward each clearance package to the clearance processing office for initial processing. A preliminary review will be conducted of various national criminal and security data files. If these checks are favorable the Contractor employee may be granted limited access to Federally-controlled facilities and Federal information systems with a preliminary favorable suitability determination. This process takes approximately 3 to 10 business days but could take longer.

(2) For Contractor employees who receive a favorable preliminary check as described above, and depending on the location and type of work to be performed, a more detailed agency check may also be initiated. The check may include record searches with selected sources covering specific areas of the employee’s background, including credit, and written inquiries covering specific areas of the employee’s background.

(3) Issuance of Identification Credential. Upon receipt of favorable suitability determination, each contract employee may be issued a 5-year identification credential in accordance with the federally-controlled facility procedures and, if applicable, be granted access to those Federal information systems necessary to accomplish the contract. A temporary ID may be issued after a preliminary favorable suitability determination. The Contractor shall ensure that all contract employees display their credentials in accordance with facility procedures. The Contractor shall also ensure that such credentials are returned to the government as contract employees are dismissed, terminated, or upon expiration of the contract. The Contractor will be assessed a fee for each identification credential that is lost or otherwise not returned.

(4) Unsuitable Employees. If the Government receives an unsuitable report on any prospective Contractor employee, or if the Government finds a prospective Contractor employee to be otherwise unsuitable or unfit for his assigned duties, the Contractor shall be advised immediately by the CO that such employee will not be allowed to work under this contract. The Contractor must then take action immediately to relieve the employee of all duties and responsibilities related to this contract and return his Identification Credentials, if such credentials were issued. The contractor will not be compensated for such actions.

Unsuitable contract employees may be escorted off Federal property by DHS/ICE/FPS or other law enforcement entities depending on the reason for the unsuitable determination.

(5) Site-Specific Requirements. Specific federally-controlled facilities or those areas located within a given facility may have additional security clearance requirements in addition to those cited above. These will be specified by the Government through the CO or designated representative.

(6) Prior Clearances and the Re-Clearance Process. All contract employees are required to be cleared every 5 years and favorable contract employee background investigations are good for 5 years. If anytime during a 5 year period, a cleared contract employee is to work on a different contract that they were previously cleared to work on, then the original clearance notices must be submitted by the CO or his representative to DHS/ICE/FPS to update contract and clearance information. During the 5 year period, unless specifically requested to do so by the CO or designated representative, no further forms or information will be required from the contractor. However, if threat levels or security conditions change during the cleared period, access and clearance requirements may change with limited advanced notice which may require previously cleared Contractor employees to have clearances updated, renewed, or reprocessed.

J. TENANT AGENCY SECURITY REQUIREMENTS The Contractor shall comply with all GSA security requirements herein and also those of tenant agencies in the building where work is being performed (agency space) which must be accessed in the performance of work. The Contractor shall be responsible for coordinating with tenant agencies and providing all information required of him/her or his/her employees for performance of work in, or around, the agency’s space. All tenant security requirements must be met, or employees cleared by the agency, prior to the Contractor performing work in, or around, the agency’s space.

Employees that do not meet security requirements or clearance requirements will not be allowed to work in, or around, the tenant agency space. Certain agencies will require that employees be escorted and/or that work only be performed during normal duty hours of the tenant agency.

When a controlled personnel identification system is used by a tenant agency at a site where work is performed, the tenant agency will provide the identification. Each employee of the Contractor must have in his/her possession while on the premises the identification issued by the Government agency. The identification shall be displayed at all times or as required by the agency. The Contractor shall insure that all Government identifications are returned to the issuing agency when employees are terminated or upon expiration of the contract.

IDENTIFICATION CREDENTIAL

A. Upon receipt of favorable suitability determination as indicated herein, each employee of the Contractor will be issued an identification credential. At all times while working on the contract a Contract employee, including subcontractor employees, must have in his/her possession the specific Government identification credential issued to them by the Government.

The identification credential shall be displayed and be visible at all times while on Government property. The COR, GSA personnel designated by him/her, Government law enforcement, or security personnel shall periodically verify passes of Contractor employees with their personnel identification. Contractor employees shall comply with security verification procedures at all times.

B. The Contractor shall see that every contract employee has a Government issued identification credential before the employee enters on duty. As required by the Government, the Contractor shall make his employees available for photo identification badges, on a schedule to be worked out with the Contracting Officer’s Representative. The Government will make the identification credentials badges after a favorable security determination has been received for the Contractor’s employees. Each identification credential shall have an expiration date and Contractor employees shall sign each badge at the time of photographing.

C. The Contractor shall be responsible for ensuring that all identification credentials are returned to the Contracting Officer's Representative as his employees leave the contract (contract is completed, employees leave employment of the company, employees are dismissed or terminated). The Contractor will notify the Contracting Officer’s Representative when employee badges are lost.

D. The Contractor will be responsible for paying the Government for replacement credentials at the current cost per badge.

ESCORT REQUIREMENTS

It may be necessary to escort temporary contract employees that do not have favorable preliminary or final suitability determinations and must work in Federally-controlled space. In those cases, ALL uncleared contract employees must be escorted in non-public space by a Government employee or another responsible cleared contract employee that is approved by the Contracting Officer or his/her designee.

Other Government agencies may have specific agency security requirements for their own space that may only allow escort by Government employees or those designated by their agency.

Government employees or approved cleared contract employees that provide escorts for uncleared contract employees must always be in close proximity and eyesight of the uncleared contract employee. The contract escort must watch uncleared employees and remain with uncleared contract employees for the entire time they are in the building and/or Federally-controlled space. An uncleared employee can not be left alone or out of eyesight at anytime they are in non-public space. A cleared and approved escort may not bring several uncleared contract employees, into Federally-controlled space, that are not within close proximity or eyesight at all times. A cleared and approved escort may not have multiple uncleared employees in non-public space on different parts of one floor or different floors at the same time. Any security violation of escort requirements by a cleared and approved contract employee will result in immediate removal from the contract of all contract employees involved, i.e., escorts and uncleared escorted contract employees. Also, violations of escort requirements by contract employees in accordance with security requirements may be grounds for termination of the contract.

STANDARDS OF CONDUCT

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to his employees as may be necessary. The Contractor is responsible for ensuring that his employees do not disturb papers on desks, open desk drawers or cabinets, or use Government telephones, except as authorized. Each employee is expected to adhere to standards of behavior that reflect favorably on his/her employer, and the Federal Government. No smoking is allowed in the building.

REMOVAL FROM CONTRACT WORK

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

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

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

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

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

B. Violation of Federal, State, or local law.

C. Violation of the Rules and Regulations Governing Public Buildings and Grounds, 41

CFR 101-20.3. This includes the carrying or possession of explosives, or items intended to be used to fabricate an explosive or incendiary device.

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

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

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

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

H. Selling, consuming, or being under the influence of intoxicants, drugs, or substances which produce…