RFP Final No Spec.pdf

U.S. General Services Administration

THE AGREEMENT

SOLICITATION NO: GS-01P-12-BZ-D-0015

PROJECT: Multiple Award, Indefinite Delivery/Indefinite Quantity (IDIQ) Contract for

Construction Services for GSA Owned Federal Facilities in Vermont

PROPOSAL DUE

DATE: 17 July 2012

TIME: 1:00 PM EDT

LOCATION: GENERAL SERVICES ADMINISTRATION

ACQUISITION BRANCH, 1PSA

10 CAUSEWAY STREET, ROOM 915

BOSTON, MA 02222-1077

ATTN: JOHN SARNOSKI

Volume 1 of 3

PROPERTY OF THE UNITED STATES GOVERNMENTCOPYING, 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 Contract No. GS-01P-12-BZ-D-0015

The Agreement

C101-SB 1/12

Table of Contents

I. Project Information

A. Project Summary

B. The Contract

C. Period of Performance

D. Work Conditions/Site Requirements

E. Authorized Representatives

F. Contract Liquidated Damages Rate

G. Buy American Exceptions

H. Statements of Work, Specifications, Drawings, Exhibits and Other Attachment

II. Prices

A. Basis of Pricing

B. Contract Price Form

III. Terms and Conditions

A. General Terms and Conditions

B. Contract Clauses

I Project Information

I.A Project Summary

The immediate requirement is for space alteration and build out of the 3rd floor space at the

Montpelier FOB, VT (see Section I.D)

Further, it is anticipated that this project will be used as a demonstration project leading to award of approximately 5 IDIQ contracts for General Construction, Demolition, Carpentry, Electrical, Plumbing, HVAC and Mechanical, Roofing, Fire Suppression, etc. throughout the State of Vermont. The term of the anticipated IDIQ contracts will be 1 base with 4 option years.

The Government anticipates making approximately five (5) multiple awards of Indefinite Delivery/Indefinite Quantity (IDIQ), construction contracts for various repairs, alterations and renovations to federally owned and leased facilities serviced by the North Service Center of Region 1 of the General Services Administration (GSA) and located throughout the State of Vermont. At a minimum, the following buildings would be covered under this contract:

BUILDING LOCATION

LPOE, ALBURG SPRINGS ALBURG SPRINGS

USBS BEEBE PLAIN BEEBE PLAIN

USBS BEECHER FALLS BEECHER FALLS

FEDERAL BLDG USPO CT BURLINGTON

BURLINGTON SSA BURLINGTON

USBS CANAAN CANAAN

USBS/USPO DERBY LINE DERBY LINE

USBS DERBY I-91 DERBY LINE

NEW USBS DERBY I-91 DERBY LINE

USBS EAST RICHFORD RICHFORD

WINSTON PROUTY FB ESSEX JUNCTION

USBS HIGHGATE SPRINGS HIGHGATE SPRINGS

FEDERAL BLDG USPO CT MONTPELIER

MONTPELIER SSA MONTPELIER

USBS NORTH TROY NORTH TROY

NEW USBS NORTH TROY NORTH TROY

USBS NORTON NORTON

USBS RICHFORD RICHFORD

FEDERAL BLDG USPO CT ST ALBANS

USBP SWANTON SECTOR HQ SWANTON

USBS WEST BERKSHIRE WEST BERKSHIRE

This contract will provide the government a means to contract for construction, alteration, and repair. This contract will provide the government a means for expedited procurement and should maximize the use of commercial requirement definition and commercial practices of construction. The contractor will be expected to handle multiple projects simultaneously without compromising timeliness of delivery and quality of service.

There are no fixed unit prices under the IDIQ contract. The contract provides for the award of individual firm-fixed-price task orders under competitive procedures for the execution of various construction projects in the State of Vermont. The Contractor shall provide all labor, material, equipment, transportation, supervision, disposal and all other costs necessary to fulfill the requirements of each individual task order. Task Orders will be awarded by the Contracting Officer based on price alone or best value (considering such factors as past performance, quality of deliverables, ability to meet schedule requirements, relevant experience, cost control and price or cost, etc.).

As the needs exist for performance under this contract, the Contracting Officer will notify the Contractors of requirements by issuing a Request for Proposal (RFP), including a scope of work, applicable wage determination, design documents and/or performance specifications that will include (1) the nature of the work to be performed, (2) the location of the project, and (3) the project duration in calendar days. Individual task orders will be competed amongst all successful awardees, unless an exception to fair opportunity exists.

I.B The Contract

I.B.1 The contract is an IDIQ, multiple award contract with the ability to award firm-fixed-price task orders. The contract term will be one (1) base year and four (4) option years.

I.B.2 The Contract consists of the SF 1442 and the Agreement which contains all applicable terms, conditions and special and general provisions that will be applicable to all Task Orders issued under the Contract.. Individual Task Orders will contain the Statement of Work, Specifications, Drawings, Exhibits, and other Attachments. 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.

I.B.3 The Contractor shall provide and pay for all labor, materials, equipment, tools, transportation, and other facilities and services necessary for the proper execution of the work described in Task Orders and reasonably inferable from the Contract Documents (the Work), whether temporary or permanent. In consideration for, and upon condition of, the Contractor's completion of the Work, GSA shall pay the Contractor the price or prices agreed to for the Task

Order, subject to the terms and conditions set forth in the Contract.

I.B4 As the needs exist for performance under this contract, the Contracting Officer will notify the contractors of requirements by issuing a Request for Proposal (RFP), including a scope of work, applicable wage determination, design documents and/or specifications that will include

(1) the nature of the work to be performed, (2) the location of the project, and (3) the project duration in calendar days. Individual Task Orders will be competed amongst all successful awardees, unless an exception to fair opportunity exists.

1.C CONTRACT LIMITATIONS

Maximum Contract Value: The total amount of all task orders combined will not exceed $15,000,000.00 over the life of the contract (5 years). No individual task order will exceed the prospectus limit, currently $2.79M. Individual task orders will range from $2 K to $2.79 M. As more orders are issued under one contract, the value of orders which can be issued under the remaining contracts drops by an equal amount.

Minimum Guarantee: The guaranteed minimum per each individually awarded contract is $2,000.00.

The Government expects to award approximately five (5) contracts to contractors for performance of work in Vermont. If there is insufficient qualified competition, the Government reserves the right to reduce the number of awards or make no award.

The approximate value of construction projects to be performed under the contract(s) resulting from this solicitation is anticipated to average $50,000.00 to $300,000.00 per project.

I.D REPRESENTATIVE PROJECT

Volume II, Section V of this solicitation lists the evaluation factors for award. One of these factors is “price”. For the purposes of this competition, a representative project has been chosen for which all prospective Offerors are required to submit a proposal. The price submitted for this project shall be the only basis for evaluation by the Government of the evaluation factor “price”.

Regarding the demonstration project, you must propose all costs necessary to complete the work in accordance with the Contract Documents, including, but not limited to, the cost of work performed by subcontractors and consultants, indirect costs, fees, expenses, taxes, and profit.

This project will then become the first task order awarded under one of the successful IDIQ contracts. The representative project is as follows:

Contractor shall provide all labor, materials, equipment, transportation, supervision and disposal necessary to locate U.S. Department of Agriculture / Rural Housing offices as a major tenant on the third floor of the Montpelier VT federal building, occupying approximately 9,800 USF. Space will be distributed as a large (approximately 9,250 SF) contiguous area at the rear of the building, including the former Courtroom, and a smaller (approximately 550 SF) area at the front of the building. Functions to be accommodated include private and open office areas to accommodate approximately 35 personnel, office support areas, conference / training room(s), general storage and mailroom, break room with kitchenette, internal toilet facilities, and storage / file area to accommodate automated file systems.

All work shall be performed in strict accordance with contract clauses, specifications, drawings and the applicable wage determination. The estimated price range for this project is between $1 M and $ 2.79 M.

I.D.1 Period of Performance (APPLIES TO DEMONSTRATION PROJECT ONLY)

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

I.D.1(b) Substantial Completion. The Contractor shall achieve Substantial Completion of the

Work, as that term is defined in this Agreement, no later than 180 calendar days from issuance of Notice to Proceed (NTP).

I.D.1(c) Contract Completion. The Contractor shall achieve Contract Completion, as the term is defined in this Agreement, within 30 calendar days of Substantial Completion.

NOTE: Substantial Completion and Contract Completion will be specified separately for each Task Order.

I.E Authorized Representatives

I.E.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 authorized GSA representatives under this Contract:

Contracting Officer

Name: Donna Maffeo Address: 10 Causeway Street

11th Floor, 1 PSA Telephone: 617-565-8615 Email: Donna.maffeo@gsa.gov

I.E.2 GSAR 552.236-71, Authorities and Limitations, is incorporated by reference in this Contract.

I.F Contract Liquidated Damages Rate (If applicable)

In accordance with Paragraph III.A.11, liquidated damages shall be calculated at the rate of $ 0.00 per calendar day.

I.G Buy American Exceptions

For the purpose of determining Buy American requirements set forth in the Buy American

Clause of the Agreement, the following construction materials and components are excepted:

NONE

I.H Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments

The following documents, pertaining to the demonstration project, are incorporated by reference into this Contract:

1. Specifications for Contract No. GS-01P-12-BZ-D-0015, dated 06/18/2012

2. Drawings for Contract No. GS-01P-12-BZ-D-0015, dated 06/18/1012

3. Wage Determination VT120021, dated 02/03/2012

II Prices

II.A Basis of Pricing

II.A.1 Contract Prices

The Indefinite Delivery/Indefinite Quantity (IDIQ), multiple award construction contracts will not contain fixed unit prices. All costs, such as labor, materials, equipment, transportation, supervision, disposal and all associated overhead and profit shall be priced under each individual task order. Applicable wage determinations will be issued for individual task orders.

All work shall be accomplished in accordance with contract clauses, applicable wage rates, and the specifications and drawings issued with each task order.

For the Demonstration Project, a Price Proposal Template has been provided as Attachment D.

This template acts as a format for your price proposal and must be followed and submitted as the basis for your price proposal. While there are cost elements listed on the template, you are free to either use or not use those elements, just as you are free to add additional elements that you feel are needed as long as you maintain the pricing format. Lump sum pricing for elements will not be accepted for measurable work e.g. Carpeting 1LS @ $xxxx.xx. Unit pricing is required for all elements where it is available.

Again, regarding the demonstration project, you must propose all costs necessary to complete the work in accordance with the Contract Documents, including, but not limited to, the cost of work performed by subcontractors and consultants, indirect costs, fees, expenses, taxes, and profit.

THE FOLLOWING SECTIONS ARE APPLICABLE TO THE DEMONSTRATION

PROJECT AND ALL TASK ORDERS UNLESS OTHERWISE INDICATED BY THE

SPECIFIC TASK ORDER.

II.A.2 Knowledge of Conditions Affecting Price

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

II.A.3 Unit Prices and Allowances

If any portion of the Work is to be performed on a unit price basis, the Unit Price shall include all costs of coordinating and incorporating the unit-priced portion of the Work into the Base

Contract Work. The Contractor shall only be obligated to perform unit-priced work to the extent that an Allowance has been established in an amount sufficient to compensate the Contractor for such work at the established unit prices. The Contractor shall be obligated to perform such work in excess of a unit quantity for which an Allowance is sufficient only if directed by the

Contracting Officer in writing. The Contractor shall be bound to the unit price or prices set forth herein in all equitable adjustments for changes including unit priced work, and no markups shall be applied to such unit prices.

II.A.4 Options

If any portion of the Work is to be performed upon the timely exercise of an Option, the Option

Price shall include all costs of coordinating and incorporating the Option-priced portion of the

Work into the Base Contract Work. An adjustment to the Contract price for such additional work shall be computed solely on the basis of the Option price or prices set forth herein. Unless otherwise specified, all options may be exercised within 90 days of Contract award.

For individual Task Orders, all Options will be included as individually priced line items.

II.A.5 Bid Rates

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

II.B Contract Price Form

Reference SF 1442 – SOLICITATION, OFFER and AWARD and ATTACHMENT A

THE FOLLOWING SECTIONS ARE APPLICABLE TO THE DEMONSTRATION

PROJECT AND ALL TASK ORDERS UNLESS OTHERWISE INDICATED BY THE

SPECIFIC TASK ORDER.

III Terms and Conditions

III.A General Terms and Conditions

III.A.1 Commencement, Prosecution, and Completion of Work

FAR 52.211-10, Commencement, Prosecution, and Completion of Work, is supplemented as follows:

The Contractor shall not commence the Work until the Contracting Officer has issued NTP. The

Contractor shall diligently prosecute the Work so as to achieve Substantial Completion, as defined in III.A.8(a), of the Work within the time specified in Paragraph I.D of the Agreement. If the Contract specifies different completion dates for different phases or portions of the Work, the

Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of such phases or portions of the Work within the times specified.

III.A.2 Contractor Responsibilities

III.A.2(a) 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.

III.A.2(b) Unless otherwise expressly stated in the Contract, the Contractor shall be responsible for all means and methods employed in the performance of the Contract.

III.A.2(c) RESERVED

III.A.2(d) 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.

III.A.2(e) Where installation of separate Work components as shown in the Contract

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

III.A.2(f) Where drawings show work without specific routing, dimensions, locations, or position relative to other work or existing conditions, and such information is not specifically defined by reference to specifications or other information supplied in the Contract Documents, the

Contractor is responsible for routing, dimensioning, and locating such work in coordination with other work or existing conditions in a manner consistent with Contract requirements.

III.A.2(g) It is not the Contractor's responsibility to ensure that the Contract Documents comply with applicable laws, statutes, building codes and regulations. If it comes to the attention of the

Contractor that any of the Contract Documents do not comply with such requirements, the

Contractor shall promptly notify the Contracting Officer in writing. If the Contractor performs any of the Work prior to notifying and receiving direction from the Contracting Officer, the Contractor shall assume full responsibility for correction of such work, and any fees or penalties that may be assessed for non-compliance.

III.A.2(h) 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

III.A.2(i) The Contractor must submit a safety plan before commencing work.

III.A.3 Contractor Management and Personnel

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

III.A.3(a) 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.

III.A.3(b) 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.

III.A.3(c) 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.A.4 Project Schedule

III.A.4(a) The Contractor shall use a Critical Path Method ("CPM") Project Schedule, or equivalent, to plan, coordinate, and perform the Work. 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.®

III.A.4(b) 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.

III.A.4(c) The Contractor understands and acknowledges that the preparation and proper management of the Project Schedule is a material component of the Work, and that the

Contract price includes all costs of compliance with Project Schedule requirements.

III.A.4(d) 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 punch list. 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.

III.A.4(e) Within five (5) days of NTP, or such other time as may be specified for specific projects, 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.

III.A.4(f) The Contractor should anticipate that its initial submittal of the Project Schedule shall be subject to review and revision as contemplated by Paragraph III.A.4(k), 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

Contract performance.

III.A.4 (g) 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 Contract Completion date.

III.A.4(h) The Project Schedule shall incorporate milestone events specified in the Contract, including, as applicable, NTP, Substantial Completion, and milestones related to specified work phases and site restrictions. The Project Schedule shall also include Contractor-defined milestones to identify target dates for critical events, based upon the Contractor's chosen sequence of work.

III.A.4(i) 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 (5) working days of the end of each month or other specified period.

III.A.4 (j) 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.

III.A.4(k) If at any time the Contracting Officer finds that the Project Schedule does not comply with any Contract requirement, the Contractor shall, upon written notice of exceptions taken by the Contracting Officer, revise the Project Schedule, adjust activity progress, or provide sufficient information demonstrating compliance. 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 this Contract.

III.A.4(l) 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.

III.A.4 (m) The Contracting Officer shall be entitled, but not required, to rely upon the Project

Schedule to evaluate the Contractor's progress, evaluate entitlement to extensions of time and determine the criticality or float of any activities described in such Project Schedule.

III.A.5 Extensions of Time

FAR 52.211-13, Time Extensions, is supplemented as follows:

III.A.5(a) If the Contractor requests an extension of the time for Substantial Completion, the

Contractor shall base its request on analysis of time impact using the Project Schedule as its baseline, and the new Substantial Completion date projected by the Project Schedule as revised to account for the impact. The Contractor's request must be submitted to the

Contracting Officer in writing, and set forth facts and analysis in sufficient detail to enable the

Contracting Officer to evaluate the Contractor's entitlement to an extension of time.

III.A.5 (b) The Contractor shall only be entitled to an extension of time to the extent that

Substantial Completion of the Work is delayed by causes for which the Contractor is not responsible under this Contract and to the extent that the actual or projected Substantial

Completion date is later than the date required by this Contract for Substantial Completion.

III.A.5(c) The Contractor shall not be entitled to an extension of time if the Contractor has not updated the Project Schedule in accordance with this Contract.

III.A.5(d) The Government shall not be liable for any costs to mitigate time impacts incurred by the Contractor that occur less than 30 calendar days after the date the Contractor submits a request for extension of time complying with this clause.

III.A.6 Interpretation of Specifications and Drawings

FAR 52.236-21, Specifications and Drawings for Construction, and GSAR 552.236-77, Specifications and Drawings, are supplemented as follows:

III.A.6 (a) Different requirements within the Contract Documents shall be deemed inconsistent only if compliance with both cannot be achieved.

III.A.6(b) Unless otherwise noted, the drawings shall be interpreted to provide for a complete construction, assembly, or installation of the Work, without regard to the detail with which material components are shown in the drawings.

III.A.7 Submittals

FAR 52.236-21, Specifications and Drawings for Construction, GSAR 552.236-78, Shop

Drawings, Coordination Drawings, and Schedules, and GSAR 552.236-79, Samples, are supplemented as follows:

III.A.7(a) The Contractor shall prepare and submit to the Contracting Officer shop drawings, samples, calculations, product information, mockups, and other submittals (collectively, "submittals") demonstrating compliance with Contract requirements for all Work components as specified elsewhere in this Contract. If particular submittal requirements are not specified for a component of the Work, the Contractor shall prepare submittals for such Work as directed by the Contracting Officer.

III.A.7(b) The Contractor shall not proceed with work or procure products or materials described or shown in submittals until the Contracting Officer has indicated approval of the submittal. Any work or activity undertaken prior to approval shall be at the Contractor’s risk; should the

Contracting Officer subsequently determine that the work or activity does not comply with the

Contract, the Contractor shall be responsible for all cost and time required to comply with the

Contracting Officer's determination. The Contracting Officer shall have the right to order the

Contractor to cease execution of work for which submittals have not been approved. The

Government shall not be liable for any cost or delay incurred by the Contractor attributable to the proper exercise of this right.

III.A.7(c) The Contractor shall be entitled to receive notice of action on submittals within a reasonable time, given the volume or complexity of the submittals and the criticality of the affected activities to Substantial Completion as may be indicated in the Project Schedule. The

Contractor shall not be entitled to receive notice of action on submittals containing variations from Contract requirements in less than twenty (20) working days.

III.A.8 Substantial Completion and Contract Completion

FAR 52.211-10, Commencement, Prosecution, and Completion of Work, FAR 52.211-12, Liquidated Damages (Construction), and GSAR 552.246-72, Final Inspection and Tests, are supplemented as follows:

III.A.8 (a) For the purposes of FAR 52.211-10, Commencement, Prosecution and Completion of

Work, and FAR 52.211-12, Liquidated Damages (Construction), the Work shall be deemed complete when it is “Substantially Complete.” The Work shall be deemed "Substantially

Complete" if and only if the Contractor has completed the Work and related Contract obligations in accordance with the Contract Documents, such that the Government may enjoy the intended access, occupancy, possession, and use of the entire Work without impairment due to incomplete or deficient work, and without interference from the Contractor's completion of remaining work or correction of deficiencies in completed work. In no event shall the Work be deemed Substantially Complete if all fire and life safety systems are not tested and accepted by the Authority Having Jurisdiction, where such acceptance is required under the Contract.

III.A.8 (b) At the appropriate time, the Contractor shall submit to the Contracting Officer a written notice specifying a proposed Substantial Completion date (Notice of Substantial Completion).

The Contracting Officer shall conduct inspections and make a determination of Substantial

Completion within a reasonable time. If the Contracting Officer takes exception to the Notice of

Substantial Completion, the Contractor shall be entitled to a written notice of conditions precluding determination of Substantial Completion.

III.A.8(c) The Contractor shall be entitled to an extension of time to address such conditions if, and to the extent that, the Contracting Officer provides notice of such conditions more than thirty

(30) calendar days from receipt of the Notice of Substantial Completion.

III.A.8 (d) Substantial Completion shall be established by the Contracting Officer's issuance of a written determination specifying the date upon which the Work is Substantially Complete.

III.A.8 (e) The Contract is complete (Contract Completion) if and only if the Contractor has completed all Work and related Contract obligations, corrected all deficiencies, and complied with all conditions for final payment.

III.A.8(f) Unless otherwise specifically noted, or otherwise clear from context, all references in this Contract to "acceptance" shall refer to issuance of a written determination of Substantial

Completion.

III.A.8 (g) The Contractor shall not be entitled to final payment or release of any retainage held by the Government until after Contract Completion. If the Contractor does not achieve Contract

Completion within the time required by this Contract, the Government shall be entitled, after providing notice to the Contractor, to complete any work remaining unfinished. The Contractor shall be liable to the Government for all costs incurred by the Government to complete such work.

III.A.9 Use and Possession Prior to Substantial Completion

FAR 52.236-11, Use and Possession Prior to Completion, is supplemented as follows:

Exercise of the right conferred by FAR 52.236-11 shall not relieve the Contractor of responsibility for completing any unfinished components of the Work.

III.A.10 Finality of Contract Modifications

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

III.A.11 Liquidated Damages

FAR 52.211-12, Liquidated Damages (SEP 00) – Not Applicable.

III.A.12 Insurance Requirements

III.A.12(a) The Contractor shall obtain, in addition to any insurance required by law, the following minimum kinds and amounts of insurance required pursuant to FAR clause 52.228-5, Insurance – Work on a Government Installation.

III.A.12 (a)(i) Workers' compensation insurance in the amount required by the jurisdiction in which the Contract is performed. The Contractor shall obtain Employers' liability coverage of at least $100,000.00. If occupational diseases are not covered by workers' compensation insurance, Employers' liability coverage shall include occupational diseases.

III.A.12 (a)(ii) Broad form comprehensive commercial general liability insurance in the amount of at least $500,000.00 per occurrence. Such insurance shall include, but not be limited to, contractual liability, bodily injury and property damage.

III.A.12 (a)(iii) Comprehensive automobile liability covering the operation of all automobiles used in connection with performing the Contract in the amount of at least $1,000,000 per person and $500,000.00 per occurrence for bodily injury and $20,000.00 per occurrence for property damage.

III.A.12 (b) The Contractor shall provide to the Contracting Officer proof that it is has obtained insurance required by the Contract in the form of certificates of insurance. The Contractor shall submit to the Contracting Officer all renewal certificates issued during the life of this Contract immediately upon issuance.

III.A.13 Order of Precedence

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

(1) Construction Contract Clauses (Section III.B of the Agreement)

(2) Other Provisions of the Agreement (Sections I, II, and III.A of the Agreement)

(3) The Statement of Work

(4) The Specifications

(5) The Drawings

(6) Exhibits and Other Attachments

III.A14 Administrative Matters

III.A.14 (a) Project Meetings. The Contractor shall attend a preconstruction conference and shall participate in regularly scheduled Project meetings as applicable.

III.A.14 (b) Schedule of Values. The Contractor shall prepare and submit for approval a detailed cost breakdown of the Contract price, to be referred to as the Schedule of Values, assigning values to each component of the Work. Values must include all direct and indirect costs, although a separate value for bond costs may be established. The Schedule of Values must contain sufficient detail to enable the Contracting Officer to evaluate applications for payment.

If this Contract requires that the Project Schedule be cost loaded, the Schedule of Values will be derived from the Project Schedule.

III.A.14(c) Payments. FAR clause 52.232-5, Payments under Fixed-Price Construction Contracts, is supplemented as follows:

III.A.14(c)(i) Before submitting a request for payment, the Contractor shall attend pre-invoice payment meetings each month, as scheduled, with the designated Government representative for the purpose of facilitating review and approval of payment requests. Payment meetings may be conducted in person or by telephone. The Contractor shall provide documentation to support the prospective payment request.

III.A.14(c)(ii) The Contractor shall submit its invoices to the representative designated in

Paragraph I.E.1. Separate payment requests shall be submitted for progress payments, payments of retainage, and partial or final payments.

III.A.14(c)(iii) If the invoice does not meet the requirements of FAR Clause 52.232-27 (a)(2) and the requirements specified in Subparagraphs III.A.14(c)(i), (iv), (v), and (vi), the Contracting

Officer may be return the invoice to the Contractor without payment for correction. If the

Contracting Officer disputes the requested payment amount, the Government may pay the portion of the requested payment that is undisputed.

III.A.14(c)(iv) Invoices shall be submitted in an original and two (2) copies to the designated billing office specified in this Contract or in individual delivery/work orders.

III.A.14(c)(v) Invoices must include the Account Document Number (ADN) assigned at award.

III.A.14(c)(vi) The Contractor shall submit the following information or documentation with each invoice:

III.A.14(c)(vi)(A) GSA Form 184A and/or 184B - Construction Progress Report (Construction

Phases Only) or AIA Form G702, including the updated Schedule of Values upon which the payment request is based;

III.A.14(c)(vi)(B) GSA Form 2419 - Certification of Progress Payments Under Fixed-Price

Construction Contract;

III.A.14(c)(vi)(C) The payment terms that apply for the particular services rendered;

III.A.14(c)(vi)(D) Additional documentation:

N/A

III.A.14(c)(vii) GSA will not be obligated to issue final payment unless the Contractor has furnished to the Contracting Officer a release of claims against the Government relating to this Contract, and submitted all required product warranties, as-built drawings, operating manuals, and other items as specified in the Contract. The Contractor may reserve from the release specific claims only if such claims are explicitly identified with stated claim amounts. All release forms must bear the original signature of the signer and must be affixed with the Contractor’s corporate seal or the seal of a Notary Public.

III.A.14(d) Prompt Payment. In accordance with FAR clause 52.232-27, the period for payments is as follows:

(i) Progress Payments: 14 days

(ii) Subsequent Subcontractor Payments: 7 days

III.A.14(e) Payment Information. The General Services Administration (GSA) makes information on contract payments available electronically at http://www.finance.gsa.gov.

The Contractor may register at the site and review its record of payments. This site provides information only on payments made by GSA, not by other agencies.

III.A.14(f) Security Clearances. Contractor shall comply with the following requirements pertaining to security clearances.

III.A.14(f)(i) All personnel performing work under the Contract on the Project site must obtain an

Enter on Duty (EOD) determination before they will be granted access to the site.

III.A.14(f)(ii) To obtain an EOD determination, Contractor shall submit for all such personnel fingerprints on Form FD258 and a completed Contractor Information Worksheet (CIW).

III.A.14(f)(iii) In addition, all such personnel who will be on site 6 months or longer must apply for and receive clearance in accordance with Homeland Security Presidential Directive 12

(HSPD-12).

III.A.14(f)(iv) Information concerning these requirements can be found at:

http://www.gsa.gov/portal/category/26757

III.A.14(g) Sensitive But Unclassified (SBU) Building Information. The following requirements apply to information contained in this Contract that has been designated as Sensitive But

Unclassified (SBU) building information:

III.A.14(g)(i) The Contractor shall submit to GSA all Contractor-generated documents that may contain SBU building information before the original or any copies are disseminated to any other parties. If GSA identifies SBU content in such documents, the Contracting Officer may direct the Contractor to imprint or affix SBU document markings to the original documents and all copies prior to dissemination.

III.A.14(g)(ii) The Contractor shall protect SBU building information by strictly limiting access to those individuals having a need to know such information acting on behalf of Federal, State, and local government entities, nongovernment entities engaged in the conduct of business on behalf of or with GSA, and firms currently registered as “active” in the Central Contractor Registration

(CCR) database at www.ccr.gov. If a subcontractor is not registered in the CCR and has a need to possess SBU building information, the subcontractor shall provide to the Contractor its

DUNS number or its tax ID number and a copy of its business license. This clause shall not be construed to encumber the dissemination of SBU building information to public safety entities.

III.A.14(g)(iii) The Contractor shall use session or file encryption when transmitting SBU building information electronically outside of the GSA firewall and network. The Contractor shall encrypt sessions or files with an approved NIST algorithm, such as Advanced Encryption

Standard (AES) or Triple Data Encryption Standard (3DES), in accordance with Federal

Information Processing Standards Publication (FIPS PUB) 140-2, Security Requirements for

Cryptographic Modules. Encryption tools that meet FIPS 140-2 are referenced on the NIST web page found at the following URL:

http://csrc.nist.gov/groups/STM/cmvp/documents/140-1/1401vend.htm

All encryption products used to satisfy the FIPS 140-2 requirement should have a validation certificate that can be verified at the following URL:

http://csrc.nist.gov/groups/STM/cmvp/validation.html#02

(Note that not all vendors of security products that claim conformance with FIPS 140-2 have validation certificates.)

III.A.14(g)(iv) When transmitting SBU building information contained in any physical media, including hardcopy and portable electronic data storage devices, the Contractor shall only use methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt. Portable electronic data storage devices include but are not limited to CDs, DVDs, and USB drives.

III.A.14(g)(v) The Contractor shall maintain a list of the entities and the firms to which it has disseminated SBU building information. This list must include at a minimum (1) the name of the entity or firm; (2) the name and contact information of the individual at the entity or firm who is responsible for protecting the SBU building information; and (3) a description of the SBU building information provided. Upon completion of the Work, the Contractor shall collect all lists maintained in accordance with this clause, including those maintained by any subcontractors and/or suppliers, and submit them to the Contracting Officer. The Contracting Officer may withhold final payment until the lists are received.

III.A.14(g)(vi) This Contract requires that the Contractor retain beyond the period of performance certain records that may contain SBU building information. With the exception of such records, upon completion of the Work, the Contractor shall either destroy all records containing SBU building information or return them to the Contracting Officer, as directed by the

Contracting Officer. The Contractor shall destroy electronically stored SBU building information by deleting it or otherwise rendering it unreadable and incapable of being restored, in accordance with guidelines provided for media sanitization within Appendix A of NIST Special

Publication 800-88, Guidelines for Media Sanitization, available at http://csrc.nist.gov/publications/nistpubs/800-88/NISTSP800-88_rev1.pdf. Examples of acceptable destruction methods for SBU building information are: burning or shredding hardcopies; physically destroying portable electronic storage devices; deleting and removing files from electronic recycling bins; and removing material from computer and hard drives using a permanent-erase utility such as bit-wiping software or disk crushers.

III.A.14(g)(vii) The Contractor shall verify to the Contracting Officer in writing that SBU building information has been disposed of as required in Subparagraph III.A.14(g)(vi). The Contracting

Officer may withhold final payment until written verification is received.

III.A.14(g)(viii) The Contractor shall immediately report to the Contracting Officer all improper disclosures of SBU building information. If the Contractor fails to comply with any provision of this clause, the Contracting Officer may withhold approval of progress payments until the

Contractor provides a corrective action plan explaining how it will rectify any noncompliance and prevent future improper disclosures of SBU building information.

III.A.14(g)(ix) The Contractor shall insert the substance of this clause in all subcontracts.

III.A.15 Non-Compliance with Contract Requirements

In the event the Contractor, after receiving written notice from the Contracting Officer of non-compliance with any requirement of this contract, fails to initiate promptly such action as may be appropriate to comply with the specified requirement within a reasonable period of time, the

Contracting Officer shall have the right to order the Contractor to stop any or all work under the contract until the Contractor has complied or has initiated such action as may be appropriate to comply within a reasonable period of time. The Contractor will not be entitled to any extension of contract time or payment for any costs incurred as a result of being ordered to stop work for such cause.

III.A.16 Additional Terms and Conditions

III.A.16(a) Authorized Contracting Officers. Any GSA PBS Region 1 North Service Center

Contracting Officer may issue task orders under this contract within the limits of their contracting authority.

III.A.16(b) Methods for the Placement of Task Orders.

PROPOSAL REQUESTS. When requirements are identified for potential placement on this contract, the Contracting Officer (CO) will provide the Contractor with a Request for Proposal

(RFP) to perform the work. The Contractor will develop a proposal based upon the plans and specifications included with the RFP. The proposal shall be submitted as a fixed price proposal with a breakdown in accordance with instructions provided in the RFP.

(1) All Contractors shall be provided a fair opportunity to be considered pursuant to the procedures outlined below for each task order to be issued, unless:

A. The Government’s need for the construction ordered is of such unusual urgency that providing such opportunity to all contractors would result in unacceptable delays in fulfilling the need;

B. Only one Contractor is capable of providing the construction required at the quality level required because the construction ordered is unique or highly specialized;

C. The task order should be issued on a sole source basis in the interest of economy and efficiency because it is a logical follow-on to a task order already issued under this contract, provided that awardees were given a fair opportunity to be considered for the original order.

D. It is necessary to place the order with a particular Contractor to satisfy a minimum order.

(2) Each RFP will include a Statement of Work (SOW) or Specifications and Drawings, the evaluation criteria that will be used to evaluate the offers, the components of the offer (technical and/or price/cost or other factors to be submitted, the format for submission, the timeframe for submission of the offer, and any other relevant instructions to the Contractor. The applicable wage determination will also be included as part of the RFP. As a minimum the SOW, drawings, and specifications will include (1) the nature of the work to be performed, (2) the location of the job site; (3) the period of performance for the work; (4) Government furnished material and equipment, if applicable;

and, (5) any technical specifications applicable to the project.

(3) Upon receipt of the RFP, the Contractor will be given an opportunity to attend a pre-proposal meeting and to prepare an offer which includes price with all technical, cost and other information required. The proposal must be submitted by the time specified in the request.

(4) The Government shall have the right to select the successful Contractor based on initial offers without discussions, but, the Government reserves the right to hold discussions after evaluation of initial offers.

(5) Work under this contract shall be…