BoggsJudges1118Vol1of3.pdf

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

SOLICITATION FOR OFFERS

SOLICITATION NUMBER: GS-03P-09-AZ-D-0044

PROJECT TITLE: JUDGES’ ELEVATOR UPGRADES AND

PREVENTIVE MAINTENANCE

LOCATION: J. CALEB BOGGS U.S. COURTHOUSE

844 NORTH KING STREET

WILMINGTON, DE 19801

THIS PROCUREMENT IS BEING SOLICITED FULL AND OPEN WITHOUT RESTRICTIONS

VOLUME I of II: CONSTRUCTION TERMS AND CONDITIONS

REQUEST FOR PROPOSAL DUE JULY 24, 2009

DATE and TIME 2:00 PM Local Time

SUBMIT PROPOSAL TO: U. S. GENERAL SERVICES ADMINISTRATION

WILMINGTON OFFICE

J. CALEB BOGGS U.S. COURTHOUSE

844 N. KING STREET, RM 1219, LOCK BOX 45

ATTN: BRENDA HAYWOOD

WILMINGTON, DE 19801-3519

Do not remove this notice Properly destroy documents when no longer needed

Project Title: Judges’ Elevator Upgrades J. Caleb Boggs U.S. Courthouse Wilmington, DE

Solicitation No.: GS-03P-09-AZ-D-0044

TABLE OF CONTENTS

VOLUME I OF II - SPECIFICATIONS

PART 1 – CONTRUCTION TERMS AND CONDITIONS

SECTION I TITLE

SECTION 00100……….INSTRUCTIONS TO OFFERORS

GSA FORM 3506………CONTRUCTION CONTRACT CLAUSES

GSA FORM 3505………LABOR STANDARDS (Construction Contract)

DOL-GENERAL WAGE DECISION NO: DE080006 (REV. dtd. 6/12/09)

SECTION II TITLE

00120 SUPPLEMENTARY INSTRUCTIONS TO OFFERORS

00800 SUPPLEMENTARY CONDITIONS

Do not remove this notice Properly destroy documents when no longer needed

SECTION 00100 PROPOSAL INSTRUCTIONS AND METHOD OF AWARD

SUMMARY OF THE PROCUREMENT PROCESS:

The contract will be firm fixed price. The method of procurement for this requirement is full & open competition with no restrictions. The NAICS code for this requirement is 238990. Offerors must be registered under the 238990 NAICS code to be considered for award. Potential offerors who are not registered under the 238990 NAICS code may do so by registering under the 238990 NAICS code at the Central Contractor Registration Website (www.ccr.gov) and self-certifying themselves at the Online Representations and Certifications Application Website (https://orca.bpn.gov/).

Source Selection procedures will be utilized for this procurement. In accordance with FAR part 6.401, this will be a negotiated, Request For Proposal (RFP). IAW FAR 15.101-1, the trade-off process under the Best Value Continuum will be used. As a result, the Government will make an award to the responsive offeror who submits the proposal that will provide the greatest value to the Government in terms of technical qualifications and price. The Best Value concept provides the opportunity for a cost/technical trade-off and does not require that the awrd be made to the offeror submitting the lowest price. For this procurement, technical evaluation factors (evaluation factors other than price) when combined, will be considered significantly more important than price, however the Government will evaluate the price and technical factors to determine which contractor’s proposal represents the best value. The price that the Government will use for evaluation will be the contractor’s total price. The total price is the sum of the base work and all the options. The intention of the Government is to make award without discussions, therefore, offerors will be requested to submit their initial proposals to the Government on the most favorable terms based on technical factors and price.

Technical Evaluation Factors

The technical evaluation factors and their relative importance in the evaluation process are listed below in descending order of importance:

Past Performance Key Personnel Qualifications Technical Approach

1. FACTOR: Past Performance Description:

Past performance on previous projects shall be examined in terms of similarity in scope, size, complexity, and dollar value compared to this project. The quality of past performance shall be evaluated in terms of timeliness, cost control, quality of workmanship, and project management.

Relevance and quality are of equal importance in determining a rating for overall past performance. The offeror shall submit at least three (3) projects that have been successfully

Do not remove this notice Properly destroy documents when no longer needed completed in the last five (5) years. At least one of the submitted projects should be of an elevator modernization project where the building was fully occupied during the construction phase.

The Source Selection Evaluation Board will review information provided and contact at least two owner references for comparable work as a basis for assessment of the Offeror’s performance. Only owner references shall be provided. An owner’s reference is defined as a reference that is submitted by a building owner/developer or anyone who was hired by the building owner/developer to represent them during a project such as a construction manager or architect/engineering firm.

The minimum standard for past performance is met when:

1.) The degree to which the Offeror performed successfully on similar work as that described in the solicitation under three completed contracts within the last five years and when one of the submitted projects shows that the work was performed in a fully occupied building and the tenancy was able to continue working without disruptions during the construction phase.

2.) The past performance on similar contracts was satisfactory or better. In order to be considered satisfactory, the Offeror must have completed the work in accordance with all contract requirements.

3.) According to the references contacted, the timeliness and workmanship on similar contracts was satisfactory or better. In order to be considered satisfactory, the offeror must have met all significant milestones, and completed all projects in a timely manner.

2. FACTOR: Key Personnel Qualifications Description:

This factor considers the education, experience on similar project, knowledge, necessary skills, and availability of key personnel assigned to the project; the qualifications and authority of the Project Manager, and the qualifications of the Construction Foreman. Each individual’s resume shall be limited to one page. The required information shall be provided for the general contractor’s project manager and construction foreman as well as for the project manager and construction foreman for any subcontractor performing more than 30% of the work by contract dollar value. Only the qualifications of the Project Manager(s) and Construction Foreman(s) will be considered. Each offeror shall submit two references for both the Project Manager(s) and Construction Foreman(s).

The minimum standard for Key Personnel Qualifications is met when:

1.) The degree to which the resumes of key personnel reflect qualifications by education, experience, knowledge and skills to perform the work. Appropriate duties of each key individual should be clearly described in the proposal. The required information shall be provided for the general contractor’s project manager and construction foreman as well as for the project manager and construction foreman for any subcontractor performing more than 30% of the work by contract dollar value. 2.) According to the references contacted, the performance of the

Do not remove this notice Properly destroy documents when no longer needed

Project Manager(s) and the Construction Foreman(s) were satisfactory or better. In order to be considered satisfactory, the offeror must have met all significant milestones, and completed all projects in a timely manner.

3. Factor: Technical Approach Description:

This factor identifies how the means to be used by the offeror to deliver a successful project on time and within budget while the building is fully occupied. The offeror shall demonstrate how this will be achieved to minimize disruptive noises during construction.

The minimum standard for Key Personnel Qualifications is met when:

The offeror submits a written narrative describing the technical approach he plans to utilize to deliver a successful project. The narrative should clearly describe how the offeror will utilize work schedules, phasing plans, management plans, and quality control measures among other techniques to achieve this goal.

Elements of the Evaluation Process

1. Technical Proposals

An evaluation panel consisting of professional GSA personnel will be convened to review and evaluate the technical proposals. Evaluation of written technical proposals will be based on the offeror’s response to the technical evaluation factors of this solicitation. Evaluators will not evaluate one proposal against other proposals. Offerors are hereby advised that failure to submit an offer on the technical portion of this solicitation will render the offer nonresponsive and therefore it will be rejected.

Each voting member of the Source Selection Evaluation Board must document their assessment of each offeror’s ability to accomplish the technical requirements. Using the technical evaluation factors listed, each voting member must assign an adjectival rating, along with a supporting narrative, of each technical proposal. The relative strengths, deficiencies, significant weaknesses and risks found as a result of proposal evaluation will be documented.

Any needed clarification or additional information will be obtained by the Contracting Officer through communication with the offeror concerned.

2. Competitive Range

Each Source Selection Evaluation Board voting member will independently evaluate the technical proposals and prepare narrative explanations as described above. If discussions are to be conducted, the Contracting Officer shall establish a competitive range comprised of all the most highly rated proposals based on the ratings of each proposal against all evaluation criteria and the price associated with each proposal.

Do not remove this notice Properly destroy documents when no longer needed

3. Price Evaluation

Price will not be assigned an adjectival rating. The Contracting Officer will use price analysis to evaluate the proposed price. The proposed price is also a measure of price realism, which illustrates the offeror’s understanding of the work and ability to perform the contract. The Contracting Officer will document the price evaluation. The price that the Government will use for evaluation will be the contractor’s total price. The total price is the sum of the base work and all the options.

4. Considering Technical Evaluation Results and Price

Price realism will be used by the Source Selection Evaluation Board to judge the value of the work to be done and the quality of services to be furnished.

The Source Selection Evaluation Board will either recommend the selection and award of a contract based on initial offers or recommend that the Contracting Officer conduct discussions with all offerors in the competitive range. The Source Selection Evaluation Board will include recommendations whether any proposals do not have a reasonable chance of being selected for award, taking into account the possibilities for improvement as a result of negotiations. The technical elements as well as the price proposal will be examined by the Contracting Officer before a decision is made as to whether or not the proposal is in the competitive range. The Source Selection Evaluation Board recommendation will include detailed written rationale as to whether a proposal is technically deficient and whether the deficiency can reasonably be corrected without a complete rewrite.

5. Evaluating Final Offers and Recommendation

If discussions are deemed necessary by the Contracting Officer, upon completion of any discussions, the Contracting Officer shall issue to all offerors still within the competitive range, a request for final offers. When these offers are received, a final technical evaluation will be performed to see if the revisions affect the technical merits of the proposals. The final evaluation will be governed by the same rules and considerations as those applied to the evaluation of the initial technical proposals. Once the final offers have been evaluated and all relevant information available, a summary conclusion will be developed that will include a narrative justification indicating sound rationale for the rating and judgment applied. If price/technical trade-offs are recommended, a written explanation for each trade-off will be provided to explain the rationale for the recommendation. The Source Selection Evaluation Board will make a recommendation for selection of the contractor to the Source Selection Authority / Contracting Officer.

Basis For Award:

1. Base Contract:

A lump sum price for the modernization plus the monthly price for preventive maintenance services immediately following the completion and acceptance of the modernized elevator car

Do not remove this notice Properly destroy documents when no longer needed multiplied by 12 months to arrive at the total base bid price. (See Supplemental Sheets for Offer Prices).

2. Options::

First Additional 12 –month period. A monthly price for basic preventive maintenance services multiplied by 12 months.

Second Additional 12 – month period. A monthly price for basic preventive maintenance services multiplied by 12 months.

Third Additional 12 – month period. A monthly price for basic preventive maintenance services multiplied by 12 months.

Forth Additional 12 – month period. A monthly price for basic preventive maintenance services multiplied by 12 months.

FAR 52.217-5 Evaluation of Options:

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposed by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

Proposal Submittal For this solicitation, the offeror shall be required to submit their proposal in two separate parts:

1) Technical Proposal: Each technical proposal shall consist of one original and three (3) copies of the contractor’s technical submission in response to the evaluation factors in the order and format specified in Section 00100.

2) Price Proposal: Each price proposal shall consist of one (1) original and four (3) copies of the Standard Form 1442, “Solicitation, Offer and Award” (including the Supplemental Sheets).

Submit a completed GSA Form 527, Contractor’s Qualifications and Financial Information.

Proposals may not be faxed or emailed. They must be received in hard copy by the required proposal due date and time.

Site Visit:

Pre-proposal Meeting

Date: Wednesday, July 8, 2009 Time: 10:00AM Location: J. Caleb Boggs U.S. Courthouse

844 N. King Street, Room 5209 Wilmington, DE 19801

Do not remove this notice Properly destroy documents when no longer needed

Offeror’s participation is encouraged although attendance is not mandatory. The conference will provide opportunity for discussion of the nature of the work and problems that may be entailed, as well as to answer questions concerning contract provisions and requirements, including drawings and specifications. No parking available on site at the Boggs Courthouse, and limited metered parking on the streets surrounding the Boggs Courthouse. However, there is a parking lot for fee at the Doubletree Hotel, 700 King Street, Wilmington, DE, approximately, one block from the Boggs Courthouse.

Do not remove this notice Properly destroy documents when no longer needed

CONSTRUCTION CONTRACT CLAUSES

(FIXED PRICE CONTRACTS)

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.acquisition.gov/comp/far/index.html (End of clause)

I. CLAUSES INCORPORATED BY REFERENCE:

A. FEDERAL ACQUISITION REGULATION (FAR) CLAUSES:

NUMBER TITLE DATE

1. 52.202-1 Definitions JUL 04

2. 52.203-3 Gratuities APR 84

3. 52.203-5 Covenant Against Contingent Fees APR 84

4. 52.203-6 Restrictions on Subcontractor SEP 06

Sales to the Government

5. 52.203-7 Anti-Kickback Procedures JUL 95

6. 52.203-8 Cancellation, Rescission and JAN 97

Recovery of Funds for Illegal or Improper Activity

7. 52.203-10 Price or Fee Adjustments for JAN 97 Illegal or Improper Activity

8. 52.203-12 Limitation on Payments to SEP 07 Influence Certain Federal Transactions

9. 52.203-13 Contractor Code of Business DEC 08 Ethics and Conduct (Applies to Acquisitions Exceeding $5 Million)

10. 52.203-14 Display of Hotline Poster(s) DEC 07 (Applies to Acquisitions Exceeding $5 Million)

NOTE: Paragraph (b)(3) of FAR 52.203-14 is as follows for this solicitation:

(3) Any required posters may be obtained as follows:

Poster: GSA Office of Inspector General “FraudNet Hotline”

Poster

Do not remove this notice Properly destroy documents when no longer needed

Obtain from: Contracting Officer.

11. 52.204-4 Printing/Copying Double-Sided AUG 00 on Recycled Paper

12. 52.204-9 Personal Identity Verification SEP 07 of Contractor Personnel

NUMBER TITLE DATE

13. 52.209-6 Protecting the Government’s SEP 06 Interest when Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment

14. 52.211-13 Time Extensions APR 84

(Clauses 15 through 17 apply to contracts awarded via Sealed Bidding.)

15. 52.214-26 Audit and Records - Sealed Bidding MAR 09

16. 52.214-27 Price Reduction for Defective OCT 97

Cost or Pricing Data - Modifications - Sealed Bidding

17. 52.214-28 Subcontractor Cost or Pricing OCT 97 Data - Modifications - Sealed Bidding

(Clauses 18 through 25 apply to contracts awarded via Negotiation.)

18. 52.215-2 Audit and Records - Negotiation MAR 09

19. 52.215-10 Price Reduction for Defective OCT 97

Cost or Pricing Data

20. 52.215-12 Subcontractor Cost or Pricing OCT 97

Data

21. 52.215-15 Pension Adjustments and Asset DEC 98

Reversions

22. 52.215-16 Facilities Capital Cost of Money JUN 03

23. 52.215-17 Waiver of Facilities Capital OCT 97

Cost of Money

24. 52.215-18 Reversion or Adjustment of Plans JUL 05 for Post-Retirement Benefits (PRB) other than Pensions

25. 52.215-19 Notification of Ownership Changes OCT 97

26. 52.219-8 Utilization of Small Business MAY 04 Concerns

Do not remove this notice Properly destroy documents when no longer needed

27. 52.219-9 Small Business Subcontracting APR 08 Plan (Applies to acquisitions Exceeding $1,000,000) (Alternate I (OCT 01) applies to Sealed Bidding)

28. 52.219-16 Liquidated Damages - JAN 99 Subcontracting Plan

NUMBER TITLE DATE

29. 52.219-28 Post-Award Small Business Program APR 09 Rerepresentation

30. 52.222-1 Notice to the Government of Labor FEB 97 Disputes

31. 52.222-3 Convict Labor JUN 03

32. 52.222-21 Prohibition of Segregated FEB 99

Facilities

33. 52.222-26 Equal Opportunity MAR 07

34. 52.222-27 Affirmative Action Compliance FEB 99

Requirements for Construction

35. 52.222-35 Equal Opportunity for Special SEP 06

Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

36. 52.222-36 Affirmative Action for JUN 98 Workers with Disabilities

37. 52.222-37 Employment Reports on Special SEP 06 Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

38. 52.222-39 Notification of Employee Rights DEC 04 Concerning Payment of Union Dues or Fees

39. 52.222-50 Combating Trafficking in Persons FEB 09

40. (DELETED)

41. 52.223-3 Hazardous Material Identification JAN 97 and Material Safety Data - Alternate I (JUL 95)

42. 52.223-5 Pollution Prevention & Right-to- AUG 03 Know Information

43. 52.223-6 Drug-Free Workplace MAY 01

44. 52.223-11 Ozone Depleting Substances MAY 01

45. 52.223-12 Refrigeration Equipment and Air MAY 95

Conditioners

46. 52.223-14 Toxic Chemical Release Reporting AUG 03

Do not remove this notice Properly destroy documents when no longer needed

(Applies to competitively awarded contracts exceeding $100,000)

47. 52.225-9 Buy American Act — Construction FEB 09 Materials (Applies to acquisitions valued at less than $7,443,000)

48. 52.225-10 Notice of Buy American Act FEB 09 Requirement – Construction Materials (Applies to acquisitions valued at less than $7,443,000)

NUMBER TITLE DATE

49. 52.225-11 Buy American Act - Construction MAR 09 Materials under Trade Agreements (Applies to acquisitions valued at $7,443,000 or more)

50. 52.225-11 Alternate I - Buy American Act – MAR 09 Construction Materials under Trade Agreements(Applies to acquisitions valued at $7,443,000 or more, but less than $8,817,449)

NOTE: Regarding paragraph (b)(2) of FAR 52.225-9 or paragraph(b)(3) of FAR 52.225-11, see Section 0800 “Supplementary Conditions,” of the contract specifications, for any excepted construction materials or components.

51. 52.225-12 Notice of Buy American Act FEB 09 Requirement - Construction Materials under Trade Agreements (Applies to acquisitions valued at $7,443,000 or more)

52. 52.225-12 Alternate II - Notice of Buy AUG 07 American Act Requirement – Construction Materials under Trade Agreements (Applies to acquisitions valued at $7,443,000 or more, but less than $8,817,449)

53. 52.225-13 Restrictions on Certain Foreign JUN 08 Purchases

54. 52.227-1 Authorization and Consent DEC 07

55. 52.227-2 Notice and Assistance Regarding DEC 07

Patent and Copyright Infringement

Do not remove this notice Properly destroy documents when no longer needed

56. 52.227-4 Patent Indemnity - Construction DEC 07 Contracts

57. 52.228-1 Bid Guarantee SEP 96

NOTE: Paragraph (c) of FAR 52.228-1 is as follows for this solicitation:

“(c) The amount of the bid guarantee shall be 20% of the bid price or $3,000,000, whichever is less.”

58. 52.228-2 Additional Bond Security OCT 97

59. 52.228-5 Insurance - Work on a Government JAN 97

Installation

60. 52.228-11 Pledges of Assets FEB 92

61. 52.228-12 Prospective Subcontractor OCT 95

Requests for Bonds

62. 52.228-14 Irrevocable Letter of Credit DEC 99

63. 52.228-15 Performance and Payment Bonds NOV 06

---Construction

NUMBER TITLE DATE

64. 52.229-3 Federal, State and Local Taxes APR 03 (Applies to competitive awards)

65. 52.229-4 Federal, State and Local Taxes APR 03 (State and Local Adjustments)

(Applies to noncompetitive awards)

(Clauses 66 through 68 do not apply to any of the following: contracts awarded via sealed bidding; contracts and subcontracts awarded to small business concerns; contracts and subcontracts of $650,000 or less; firm fixed-price contracts awarded on the basis of adequate price competition without the submission of cost or pricing data; any other contract or subcontract exempted by FAR Appendix 9903.201-1.)

66. 52.230-2 Cost Accounting Standards OCT 08

67. 52.230-3 Disclosure and Consistency of OCT 08

Cost Accounting Practices

68. 52.230-6 Administration of Cost Accounting MAR 08

Standards

69. 52.232-5 Payments Under Fixed-Price SEP 02 Construction Contracts

70. 52.232-17 Interest OCT 08

71. 52.232-23 Assignment of Claims JAN 86

72. 52.232-27 Prompt Payment for Construction OCT 08

Do not remove this notice Properly destroy documents when no longer needed

Contracts

NOTE: Paragraph (a) of FAR 52.232-27, concerning the due date for progress payments, is modified as follows, in accordance with FAR

32.905(c):

“(a) Invoice Payments...

(A) The due date for making such payments shall be 14 days after receipt of the payment request by the designated billing office. However, if the designated billing office fails to annotate the payment request with the actual date of receipt, the payment due date shall be deemed to be the 1ST day after the date the Contractor’s payment request is dated, provided a proper payment request is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.”

73. 52.232-33 Payment by Electronic Funds OCT 03 Transfer Central Contractor Registration

74. 52.233-1 Disputes - JUL 02 Alternate I (DEC 91)

75. 52.233-4 Applicable Law for Breach of OCT 04 Contract Claim

76. 52.233-3 Protest After Award AUG 96

77. 52.236-2 Differing Site Conditions APR 84

NUMBER TITLE DATE

78. 52.236-3 Site Investigations and APR 84 Conditions Affecting the Work

79. 52.236-5 Material and Workmanship APR 84

80. 52.236-6 Superintendence by the Contractor APR 84

81. 52.236-7 Permits and Responsibilities NOV 91

82. 52.236-8 Other Contracts APR 84

83. 52.236-9 Protection of Existing APR 84

Vegetation, Structures, Equipment, Utilities and Improvements

84. 52.236-10 Operations and Storage Areas APR 84

85. 52.236-11 Use and Possession Prior to APR 84

Completion

86. 52.236-12 Cleaning Up APR 84

87. 52.236-13 Accident Prevention NOV 91

88. 52.236-14 Availability and Use of Utility APR 84

Services

Do not remove this notice Properly destroy documents when no longer needed

89. 52.236-15 Schedules for Construction APR 84 Contracts

90. 52.236-17 Layout of Work APR 84

91. 52.236-21 Specifications & Drawings for FEB 97

Construction

92. 52.236-26 Preconstruction Conference FEB 95

93. 52.242-13 Bankruptcy JUL 95

94. 52.242-14 Suspension of Work APR 84

95. 52.243-4 Changes JUN 07

96. 52.244-2 Subcontracts JUN 07

97. 52.244-6 Subcontracts for Commercial Items MAR 09

98. 52.245-1 Government Property – JUN 07

Alternate I (JUN 07)

99. 52.245-9 Use and Charges JUN 07

100. 52.246-12 Inspection of Construction AUG 96

101. 52.246-21 Warranty of Construction - MAR 94

Alternate I (APR 84)

102. 52.248-3 Value Engineering - Construction SEP 06

103. 52.249-2 Termination for Convenience of MAY 04 the Government (Fixed Price) - Alternate I (SEP 96)

104. 52.249-10 Default (Fixed-Price Construction) APR 84

105. 52.253-1 Computer Generated Forms JAN 91

B. GSA ACQUISITION REGULATION (GSAR) CLAUSES:

NUMBER TITLE DATE

1. 552.203-71 Restriction on Advertising SEP 99

2. 552.211-71 Standard References SEP 99

3. 552.211-84 Non-Compliance with Contract FEB 96

Requirements

4. 552.215-70 Examination of Records by GSA FEB 96

5. 552.228-70 Workers' Compensation Laws SEP 99

6. 552.236-70 Definitions APR 84

7. 552.236-71 Authorities and Limitations APR 84

8. 552.236-72 Specialist APR 84

9. 552.236-74 Working Hours APR 84

Do not remove this notice Properly destroy documents when no longer needed

10. 552.236-75 Use of Premises APR 84

11. 552.236-76 Measurements APR 84

12. 552.236-77 Specifications and Drawings SEP 99

13. 552.236-78 Shop Drawings, Coordination SEP 99

Drawings, and Schedules

14. 552.236-79 Samples APR 84

15. 552.236-80 Heat APR 84

16. 552.236-81 Use of Equipment by the APR 84

Government

17. 552.236-82 Subcontracts APR 84

18. 552.243-70 Pricing of Adjustments APR 89

19. 552.243-71 Equitable Adjustments* APR 84

20. 552.246-72 Final Inspection and Tests SEP 99

21. 552.246-75 Guarantees MAY 89

*NOTE: GSAR 552.243-71, “Equitable Adjustments,” is supplemented as follows:

EQUITABLE ADJUSTMENTS - WAIVER AND RELEASE OF CLAIMS

(a) Whenever the Contractor, after receipt of notification of a change made pursuant to the clause of the contract entitled “Changes” or after affirmation of a constructive change thereunder, submits any claim for equitable adjustment under that clause, such claim shall include all types of adjustments in the total amounts to which that clause entitles the contractor, including but not limited to adjustments arising out of delays or disruptions or both caused by such change.

Except as the parties may otherwise expressly agree, the Contractor shall be deemed to have waived (i) any adjustments to which it otherwise might be entitled under the aforesaid clause where such claim fails to request such adjustment, and (ii) any increase in the amount of equitable adjustments additional to those requested in its claim.

(b) Further, the Contractor agrees that, if required by the Contracting Officer, he will execute a release, in form and substance satisfactory to the Contracting Officer, as part of the supplemental agreement setting forth the aforesaid adjustment, and that such release shall discharge the Government, its officers, agents and employees from any further claims, including but not limited to further claims arising out of delays or disruptions or both, caused by the aforesaid change.

C. DEFENSE ACQUISITION REGULATION SUPPLEMENT(DFARS)CLAUSES:

Do not remove this notice Properly destroy documents when no longer needed

(The following clauses apply to procurements undertaken for the Department of Defense)

NUMBER TITLE DATE

1. 252.236-7002 Obstruction of Navigable Waterways DEC 91

2. 252.236-7005 Airfield Safety Precautions DEC 91

II. CLAUSES INCORPORATED IN FULL TEXT: The complete text of the contract clauses listed below is provided in this Section.

These clauses are incorporated in full text because they contain approved Deviations to Federal Acquisition Regulation (FAR) language;

contain information specific to GSA Region 3 procurements; or are otherwise unsuitable for incorporation by reference.

A. FEDERAL ACQUISITION REGULATION (FAR) CLAUSES:

NUMBER TITLE DATE

1. 52.211-1 Availability of Specifications AUG 98 Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR 101-29

2. 52.223-2 Affirmative Procurement of DEC 07 Biobased Products Under Service and Construction Contracts

3. 52.223-9 Estimate of Percentage of MAY 08 Recovered Material Content for EPA-Designated Products – Alternate I (MAY 2008)

4. 52.223-5 Energy Efficiency in Energy- DEC 07 Consuming Products

5. 52.223-17 Affirmative Procurement of EPA- MAY 08 Designated Items in Service and Construction Contracts

6. 52.233-2 Service of Protest SEP 06

7. 52.236-1 Performance of Work by Contractor APR 84

Do not remove this notice Properly destroy documents when no longer needed

B. GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION

(GSAR) CLAUSES:

NUMBER TITLE DATE

1. 552.252-6 Authorized Deviations in SEP 99 Clauses (DEVIATION FAR 52.252-6)

2. 552.232-78 Payment Information JUL 00

FULL TEXT OF FEDERAL ACQUISITION REGULATION (FAR) CLAUSES:

1. FAR 52.211-1, AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA

INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM

DESCRIPTIONS, FPMR 101-29 (AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to

GSA Federal Supply Service, Specifications Section, Suite 8100, 470 East L’Enfant Plaza SW, Washington DC 20407

Telephone (202) 619-8925 Facsimile (202) 619-8978

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee. (End of provision)

2. FAR 52.223-2 – AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (DEC 2007)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless---

(1) The product cannot be acquired---

Do not remove this notice Properly destroy documents when no longer needed

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 2902.10 et seq.). For example, some USDA-designated items such as mobile equipment hydraulic fluids, diesel fuel additives, and penetrating lubricants are excluded from the preferred procurement requirement for the application of the USDA-designated item to one or both of the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or a system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.usda.gov/biopreferred. (End of clause)

3. FAR 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT

FOR EPA-DESIGNATED PRODUCTS (MAY 2008) - ALT I (MAY 2008)

(a) Definitions. As used in this clause – “Postconsumer 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. Postconsumer 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 shall execute the following certification required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(I)(2)(C)):

CERTIFICATION

I, _____________________________________ (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated items met the applicable contract specifications or other contrctual requirements.

Signature of the Officer or Employee

Do not remove this notice Properly destroy documents when no longer needed

Typed Name of the Officer or Employee

Title

Name of Company, Firm or Organization

Date

(c) 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 postconsumer material content; and

(2) Submit this estimate to the Contracting Officer:

ESTIMATE

EPA

designated item

Total dollar value of EPA designated item

Percentage of recovered material content*

*Where applicable, also include the percentage of post consumer material content.

4. FAR 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC

2007)

(a) Definition. As used in this clause--- “Energy-efficient product”---

(1) Means a product that---

(i) Meets Department of Energy and Environmental Protection Agency criteria for use of the Energy Star trademark label; or

(ii) Is in the upper 25 percent of efficiency for all similar products as designated by the Department of Energy’s Federal Energy Management Program.

(2) The term “product” does not include any energy-consuming product or system designed or procured for combat or combat-related missions (42 U.S.C. 8259b).

Do not remove this notice Properly destroy documents when no longer needed

(b) The Contractor shall ensure that energy-consuming products are energy efficient products (i.e., ENERGY STAR® products or FEMP-designated products) at the time of contract award, for products that are---

(1) Delivered;

(2) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(3) Furnished by the Contractor for use by the Government; or

(4) Specified in the design of a building or work, or incorporated during its construction, renovation or maintenance.

(c) The requirements of paragraph (b) apply to the Contractor

(including any subcontractor) unless---

(1) The energy-consuming product is not listed in the ENERGY

STAR® Program or FEMP; or

(2) Otherwise approved in writing by the Contracting Officer.

(d) Information about these products is available for---

(1) ENERGY STAR® at http://www.energystar.gov/products;and

(2) FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html.

End of clause)

5. FAR 52.223-17, AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN

SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008).

(a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired---

(1) Competitively within a timeframe providing for compliance with the contract performance schedule;

(2) Meeting contract performance requirements; or

(3) At a reasonable price.

(b) Information about this requirement is available at EPA’s Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designated items is available at http://www.epa.gov/cpg/products.htm. (End of clause)

6. FAR 52.233-2, SERVICE OF PROTEST (SEP 2006).

(a) Protests, as defined in Section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Do not remove this notice Properly destroy documents when no longer needed

General Services Administration, Region 3 Attn: (Insert Contracting Officer’s Name) 20 N. 8th Street, Philadelphia, PA 19107

(b) The copy of any protest shall be received in the offices designated above within one day of filing a protest with the GAO.

(End of Provision)

7. FAR 52.236-1, PERFORMANCE OF WORK BY CONTRACTOR (APR 1984). (This clause does not apply to any type of small business set-aside. For general small business set-asides and 8(a) contracts, FAR 52.219-14, “Limitations on Subcontracting”, contained in Section 00120, will apply instead.)

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. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government. (End of Clause)

FULL TEXT OF GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION

(GSAR) CLAUSES:

1. GSAR 552.252-6, AUTHORIZED DEVIATIONS IN CLAUSES (SEP 1999)

(DEVIATION FAR 52.252-6)

(a) Deviations to FAR Clauses. (1) This solicitation or contract indicates any authorized deviation to a Federal Acquisition Regulation (48 CFR Chapter 1) clause by the addition of "(DEVIATION)" after the date of the clause, if the clause is not published in the General Services Administration Acquisition Regulation (48 CFR Chapter 5).

(2) This solicitation indicates any authorized deviation to a Federal Acquisition Regulation (FAR) clause that is published in the General Services Administration Acquisition Regulation by the addition of "(DEVIATION (FAR clause no.))" after the date of the clause.

(b) Deviations to GSAR Clauses. This solicitation indicates any authorized deviation to a General Services Administration Acquisition Regulation clause by the addition of "(DEVIATION)" after the date of the clause.

Do not remove this notice Properly destroy documents when no longer needed

(c) "Substantially the same as" Clauses. Changes in wording of clauses prescribed for use on a "substantially the same as" basis are not considered deviations. (End of Clause)

2. GSAR 552.232-78 PAYMENT INFORMATION (JULY 2000)

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. (End of clause)

Do not remove this notice Properly destroy documents when no longer needed

LABOR STANDARDS (CONSTRUCTION CONTRACT)

1. FAR 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT — OVERTIME COMPENSATION (JULY 2005) (Applicable to Contracts in Excess of $100,000)

(a) Overtime requirements. No Contractor or subcontractor employing laborers or mechanics (see Federal Acquisition Regulation 22.300) shall require or permit them to work over 40 hours in any workweek unless they are paid at least 1 and 1/2 times the basic rate of pay for each hour worked over 40 hours.

(b) Violation; liability for unpaid wages; liquidated damages. The responsible Contractor and subcontractor are liable for unpaid wages if they violate the terms in paragraph (a) of this clause. In addition, the Contractor and subcontractor are liable for liquidated damages payable to the Government. The Contracting Officer will assess liquidated damages at the rate of $10 per affected employee for each calendar day on which the employer required or permitted the employee to work in excess of the standard workweek of 40 hours without paying overtime wages required by the Contract Work Hours and Safety Standards Act.

(c) Withholding for unpaid wages and liquidated damages. The Contracting Officer will withhold from payments due under the contract sufficient funds required to satisfy any Contractor or subcontractor liabilities for unpaid wages and liquidated damages. If amounts withheld under the contract are insufficient to satisfy Contractor or subcontractor liabilities, the Contracting Officer will withhold payments from other Federal or Federally assisted contracts held by the same Contractor that are subject to the Contract Work Hours and Safety Standards Act.

(d) Payrolls and basic records.

(1) The Contractor and its subcontractors shall maintain payrolls and basic payroll records for all laborers and mechanics working on the contract during the contract and shall make them available to the Government until 3 years after contract completion. The records shall contain the name and address of each employee, social security number, labor classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records need not duplicate those required for construction work by Department of Labor regulations at 29 CFR 5.5(a)(3) implementing the Davis-Bacon Act.

(2) The Contractor and its subcontractors shall allow authorized representatives of the Contracting Officer or the Department of Labor to inspect, copy, or transcribe records maintained under paragraph (d)(1) of this clause. The Contractor or subcontractor also shall allow authorized representatives of the Contracting Officer or Department of Labor to interview employees in the workplace during working hours.

(e) Subcontracts. The Contractor shall insert the provisions set forth in paragraphs

(a) through (d) of this clause in subcontracts that may require or involve the employment of laborers and mechanics and require subcontractors to include these provisions in any such lower-tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraphs (a) through (d) of this clause. (End of clause)

NOTE: Clauses 2 through 11, below, are applicable to contracts in excess of $2,000.

2. FAR 52.222-6 DAVIS-BACON ACT (JUL 2005)

(a) Definition. “Site of the work”---

(1) Means---

(i) The primary site of the work. The physical place or places where the construction called for in the contract will remain when work on it is completed; and

(ii) The secondary site of the work, if any. Any other site where a signficant portion of the building or work is constructed, provided that such site is---

Do not remove this notice Properly destroy documents when no longer needed

(A) Located in the United States; and

(B) Established specifically for the performance of the contract or project;

(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided---

(i) They are dedicated exclusively, or nearly so, to performance of the contract or project; and

(ii) They are adjacent or virtually adjacent to the “primary site of the work” as defined in paragraph (a)(1)(i), or the “secondary site of the work” as defined in paragraph

(a)(1)(ii) of this definition;

(3) Does not include permanent home offices, branch plant establishments, fabrication plants or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal contract or project.

In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the “site of the work.” Such permanent, previously established facilities are not a part of the “site of the work” even if the operations for a period of time may be dedicated exclusively, or nearly so, to the performance of a contract.

(b)(1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of

Labor which is attached hereto and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the contract was performed at that site and shall be incorporated without any adjustment in contract price or estimated cost. Laborers employed by the construction

Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the primary site of the work.

(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period.

(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the clause entitled Apprentices and

Trainees. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed.

(4) The wage determination (including any additional classifications and wage rates conformed under paragraph (c) of this clause) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the primary site of the work, Do not remove this notice Properly destroy documents when no longer needed and the secondary site of the work, if any, in a prominent and accessible place where it can be easily seen by the workers.

(c)(1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met:

(i) The work to be performed by the classification requested is not performed by a classification in the wage determination.

(ii) The classification is utilized in the area by the construction industry.

(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the

Administrator of the:

Wage and Hour Division

Employment Standards Administration

U. S. Department of Labor

Washington, DC 20210.

The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting

Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the

Contracting Officer, to the Administrator of the Wage and Hour Division for determination.

The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30 day period that additional time is necessary.

(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to paragraphs (c)(2) and (c)(3) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(d) Whenever the minimum wage rate prescribed in the contract for a…