Dayton NARA RFP.doc

PAGE

GS05P09SLC0006 – ROH00191

“BUILDING 4 RENOVATIONS” DAYTON NARA RECORDS STORAGE BUILDING

3150 SPRINGBORO ROAD, MORAINE, OHIO

REQUEST FOR PROPOSAL

(RFP)

U.S. GENERAL SERVICES ADMINISTRATION

PROPERTY MANAGEMENT DIVISION

201 SUPERIOR AVENUE ROOM 450

CLEVELAND, OHIO 44114

This Procurement is Full and Open under the Small Business

Competitiveness Demonstration Program

Dayton NARA Records Storage Building 3150 Springboro Road

Moraine, Ohio 45439

VOLUME I - Construction Contract Clauses

5:00 PM (Eastern Standard Time)

CONTRACT NO:

DATE OF AWARD:

Public Buildings Service Property Management Division

201 Superior Avenue room 450 Cleveland, Ohio 44114

GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA

TABLE OF CONTENTS – GS05P09SLC0006

VOLUME I: CONTRACT CLAUSES AND WAGE RAGES

GSA 3506- Construction Contract Clauses

GSA 00800 – Supplementary Conditions

Checklist of Comprehensive Procurement Guideline (CPG) Items

Wage Determination – General Decision Number

VOLUME II: TECHNICAL SPECIFICATIONS

DIVISION 1 – GENERAL REQUIREMENTS

01100

SUMMARY OF WORK

01310

PROJECT MANAGEMENT AND COORDINATION

01320

CONSTRUCTION PROGRESS DOCUMENTATION

01330

SUBMITTAL PROCEDURES

01420

REFERENCES

01450

QUALITY CONTROL

01500

TEMPORARY FACILITIES AND CONTROLS

01593

SECURITY REGULATIONS AND CLEARANCE REQUIREMENTS

01595

SAFETY AND HEALTH

01731

CUTTING AND PATCHING

01732

SELECTIVE DEMOLITION

01770

CLOSEOUT PROCEDURES

01781

PROJECT RECORD DOCUMENTS

01782

OPERATIONS AND MAINTENANCE DATA

DIVISION 3 – CONCRETE

03301

CAST-IN-PLACE CONCRETE

DIVISION 7 – THERMAL AND MOISTURE PROTECTION

07841

THROUGH-PENETRATION FIRESTOP SYSTEMS

DIVISION 8 – DOORS AND WINDOWS

083323

OVERHEAD COILING DOORS

DIVISION 15 – MECHANICAL

15140

DOMESTIC WATER PIPING

15150

SANITARY WASTE AND VENT PIPING

15430

PLUMBING SPECIALTIES

DIVISION 16 – ELECTRICAL

16722

FIRE ALARM SYSTEM MODIFICATION

VOLUME III: PROVISIONS, INSTRUCTIONS, AND SUBMISSIONS FORMS

GSA 3502 – Negotiated Solicitation Provisions GSA 00120 – Supplementary Instructions to Bidders

Past Performance Reference Sheets – Attachment A

SF 1442 – Solicitation, Offer, and Award

GSA 1903 – Notice to Bidder/Offeror

SF 24 – Bid Bond

GSA 527 – Contractor’s Qualifications & Financial Statement

ATTENTION OFFERORS: This notice has been prepared to point out some of the important sections or requirements of this solicitation or to provide you with additional information related to this proposed contract. Please note that it is not inclusive - you are cautioned to carefully read the entire solicitation in order to be fully aware of all requirements, provisions, and clauses.

GENERAL SERVICES ADMINISTRATION’S MISSION

To provide quality services required by our clients in a timely manner and to ensure the best value to the Federal Government and the public thereby enhancing our clients’ ability to accomplish their mission.

AFFIRMATIVE PROCUREMENT PROGRAM (APP)

GSA has implemented an Affirmative Procurement Program intended to maximize the use of recovered materials, environmentally preferable, and bio-based products. Offerors should familiarize themselves with the requirements for using and reporting on the use of such materials in performance under any resultant contract.

FAR 23.7 requires consideration of environmental factors when purchasing products and services. FAR 4.303 and FAR 52.204-4 require double sided printing on recycled paper for all reports required by this contract. FAR 52.223-10 encourages vendors to practice waste reduction.

SAFEGUARDING DOCUMENTS

Associated plans, drawings, or specifications provided under this solicitation are intended for use by prospective bidders/offerors (and their subcontractors and suppliers). In support of this requirement, GSA requires bidders/offerors to exercise reasonable care when handling documents relating to building drawings/plans, security equipment, security equipment installations, and contract guard service, to include:

1) Limiting reproduction and/or dissemination of covered materials only to persons/parties related to this acquisition or otherwise authorized to receive such information;

2) Making every possible effort that is reasonable and prudent to prevent unauthorized disclosure of this information;

3) Upon award and completion of any appeals process, unsuccessful bidders/offerors making every reasonable and prudent effort to destroy or render useless all information/documentation received during the solicitation and/or appeals process; and

4) The awardee continuing the efforts required above throughout the entire term of contract and for what specific time thereafter as may be necessary, as determined by the awardee.

PERFORMANCE BASED SPECIFICATIONS –N/A

Note that the service specifications included in this solicitation are performance-based specifications. These specifications express the Government’s requirements in the form of minimum quality standards. Work schedule, frequencies, resources utilized, and methods of performance are to be determined by offerors.

GSAR 552.219-72 Preparation, Submission, and Negotiation of Subcontracting Plans (June 2005)

(a) An offeror, other than a small business concern, submitting an offer that exceeds $500,000 ($1,000,000 for construction) shall submit a subcontracting plan with its initial offer. The subcontracting plan will be negotiated concurrently with price and any required technical and management proposals, unless the offeror submits a previously-approved commercial plan.

(b) Maximum practicable utilization of small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors is a matter of national interest with both social and economic benefits. The General Services Administration (GSA) expects that an offeror’s subcontracting plan will reflect a commitment to assuring that small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns are provided the maximum practicable opportunity, consistent with efficient contract performance, to participate as subcontractors in the performance of the resulting contract. An offeror submitting a commercial plan can reflect this commitment through subcontracting opportunities it provides that relate to the offeror’s production generally; i.e., for both its commercial and Government business.

(c) GSA believes that this potential contract provides significant opportunities for the use of small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors. Consequently, in addressing the eleven elements described at FAR 52.219-9(d) of the clause in this contract entitled Small Business Subcontracting Plan, the offeror shall:

(1) Demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns in performing the contract.

(2) Include a description of the offeror’s subcontracting strategies used in any previous contracts, significant achievements, and how this plan will build upon those earlier achievements.

(3) Demonstrate through its plan that it understands the small business subcontracting program’s objectives and GSA’s expectations, and it is committed to taking those actions necessary to meet these goals or objectives.

(d) In determining the acceptability of any subcontracting plan, the Contracting Officer will take each of the following actions:

(1) Review the plan to verify that the offeror demonstrates an understanding of the small business subcontracting program’s objectives and GSA’s expectations with respect to the program and has included all the information, goals, and assurances required by FAR 52.219-9.

(2) Consider previous goals and achievements of contractors in the same industry.

(3) Consider information and potential sources obtained from agencies administering national and local preference programs and other advocacy groups in evaluating whether the goals stated in the plan adequately reflect the anticipated potential for subcontracting to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns.

(4) Review the offeror’s description of its strategies, historical performance and significant achievements in placing subcontracts for the same or similar products or services with small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns. The offeror’s description can apply to commercial as well as previous Government contracts.

(e) Failure to submit an acceptable subcontracting plan and/or correct deficiencies in a plan within the time specified by the Contracting Officer shall make the offeror ineligible for award.

[@@Note to Contract Specialists: Include only if there are vacant areas indicated in specs.]

NAICS CODE

For your information, the North American Industry Classification System (NAICS) code for this procurement is 236220. The Small Business Size Standard is $13 million.

NOTICE CONCERNING COMPLETION OF SOLICITATIONS

Offerors are cautioned to carefully read the entire solicitation in order to be fully aware of all requirements, provisions and clauses. Fill-ins should be properly completed and verified. All copies should contain the same information. Verify calculations before signing your bid.

Offerors shall submit with their offer the following documents:

( Standard Form 1442 – Solicitation Offer and Award (Construction, Alteration or Repair)

· FAR 52.212-3 Offeror Representations and Certifications – Commercial items

( GSA Form 527 – Contractor’s Qualification and Financial Information

( Standard Form 24 – Bid Guarantee

( Past Performance References (see Volume III)

( Offeror’s Checklist (see Volume III)

BOND REQUIREMENTS

BID GUARANTEE AND BOND ARE REQUIRED [x] ARE NOT REQUIRED []

If a bid guarantee is required to be submitted with your offer, any contract awarded will require a performance bond as specified in this solicitation. Offerors who utilize individual sureties should note (1) the requirement for a certified, audited, financial statement for each person acting as an individual surety (see Section L, clause entitled FAR 52.228-1 Bid Guarantee) and (2) the requirements of the clause entitled FAR 52.228-11 Pledge of Assets in Section I.

If bonds are required, also note the requirements of the various bid guarantee and bond clauses in Section I. For example, a new performance bond is required if a contract option for an additional performance period is exercised.

SITE VISIT

Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

CONTRACTOR DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER.

Enter your DUNS number in Block 14 on the GSA Form 1442 next to the contractor’s name and address. If you do not know or do not have a DUNS number please contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to you. For information on obtaining a DUNS number, you should call Dun and Bradstreet at 1-800-333-0505. Be prepared to provide the following information: (1) Company name, (2) Company address, (3) Company telephone number, (4) Line of business, (5) Chief executive officer/key manager, (6) Date the company was started, (7) Number of people employed by the company, (8) Company affiliation.

FREEDOM OF INFORMATION ACT (FOIA) REQUESTS

It is not necessary to reference the FOIA when requesting procurement history, such as the name of the current contractor, contract amount, contract copies, or abstracts of bids. For this information, you may contact the Contract Specialist, Connie Bilek-Hammond at 216/522-4594.

OPTION TO EXTEND SERVICES

Offerors should note that Section I of this solicitation includes FAR 52.217-8, Option to Extend Services, which allows the Government the unilateral option to extend the term of any resultant contract up to six months, exclusive of any other option provisions which may be included as part of any resultant contract.

VENDOR PAST PERFORMANCE SYSTEM

The General Services Administration, Public Buildings Service, Great Lakes Region, will be using the Vendor Past Performance system (VPP). VPP is a module within the PBS contract writing system that collects, maintains, and disseminates contractor performance information as required by Federal Acquisition Regulation, Subpart 42.15. In compliance with federal regulations, VPP data can be sent to the government's Past Performance Information Retrieval System (PPIRS).

PRE-BID/PRE-PROPOSAL CONFERENCE

A pre-bid/pre-proposal conference will be scheduled by an amendment to the solicitation.

To request a reasonable accommodation due to a disability, please contact Connie Bilek-Hammond, Contract Specialist at (216) 522-4594 or connie.bilek-hammond@gsa.gov if you are interested in attending.

QUALITY CONTROL PLAN (QCP)

The contracting Officer (CO) must accept a completed Quality Control Plan (QCP) prior to award of a contract. The QCP will be specific to the contract specification and location(s) in accordance with the provisions and requirements of the solicitation.

NOTICE TO PROCEED (NTP)

Notice to Proceed (NTP) will NOT be issued until the COR has officially notified the CO that approved clearances for proposed employees have been received and approved by the Department of Homeland security, Bureau of Immigration and Customs Enforcement, Federal Protective Service (DHS, BICE, FPS).

SHALL vs MUST

Throughout this solicitation, the terms “shall” and “must “ are used. “Shall” and “must” denote the imperative. They indicate an obligation to act. In this solicitation, and any resulting contract, “shall” and “must” have the same meaning.

CENTRAL CONTRACTOR REGISTRATION (CCR)

In accordance with FAR Parts 1, 2, 4, 13, 32, and 52 and effective October 1, 2003 contractors must be registered in the Central Contractor Registration (CCR) database prior to award of any contract, basic agreement, basic ordering agreement, or blanket purchase agreement. No award will be made to any contractor not registered in CCR. This is one of the steps the Federal Government is taking to streamline the acquisition process. In an effort to broaden use and reliance upon e-business applications, the CCR was established to eliminate the need to maintain paper-based sources of contractor information.

The Central Contractor Registration (CCR) System is a centrally located, searchable database, accessible via the Internet to develop, maintain, and provide sources for future procurements. The CCR data is the most up to date and complete data available. As a single validated source of data on contractors doing business with the Government, the CCR database enables prospective contractors to update their information in one place via a website (http://www.ccr.gov). The information is then available via the Internet. Following agency procedures, Contracting Officers will now be able to access contractor data and industry information less expensively, and more efficiently identify sources for contracting opportunities. The CCR will not create a total electronic commerce environment, but will help provide a basic framework or foundation that will allow migration to a total electronic commerce environment. Registration with CCR is valuable to you as a prospective contractor since it will be used for market research by thousands of government buyers and program personnel searching for potential providers of specific goods and services. You will be required to complete a one-time business registration, with annual updates. As a part of the registration process you will need to provide your DUNS identification number. If you do not have a DUNS number you may contact Dun and Bradstreet, Inc. at (800) 333-0505. You may register in the CCR via the World Wide Web at http://www.ccr.gov. There is a CCR handbook available at this site to assist you with your registration. Additionally, if further assistance is needed during the registration process, you may contact the CCR Assistance Center toll free at 888-227-2423.

AVAILABILITY OF FUNDS

Funds are not presently available for award. The Government's obligation under this contract is contingent upon the availability of appropriated funds. No legal liability on the part of the Government may arise until funds are made available to the Contracting Officer.

[THIS NOTICE SHOULD BE REMOVED BEFORE OFFER IS SUBMITTED TO GSA]

Rev. Sept.2008

Substitute GSA 3506 (August 2008)

CONSTRUCTION CONTRACT CLAUSES

GENERAL

1.15

RESTRICTION ON ADVERTISING, MARKETING AND CONTRACT SITE ACCESS

STANDARDS OF CONDUCT

BONDS AND INSURANCE

SITE CONDITIONS

SPECIFICATIONS AND DRAWING

SCHEDULES

PERFORMANCE

GOVERNMENT FURNISHED PROPERTY

GOVERNMENT PROPERTY (FIXED PRICE CONTRACTS)

USE AND POSSESSION

INSPECTION

WARRANTY AND GUARANTEES

BUY AMERICAN AND TRADE AGREEMENTS

ENVIRONMENTAL PROTECTION

EMPLOYMENT PRACTICES AND LABOR STANDARDS

SUBCONTRACTING

PATENTS, DATA AND COPYRIGHTS

TAXES

ADJUSTMENTS

AUDITS/COST AND PRICING DATA

PAYMENT

STOP WORK AND TERMINATION

DISPUTES

COST ACCOUNTING STANDARDS

OTHER

GENERAL

1.1. FAR 52.202-1 DEFINITIONS (JUL 2004)

(a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless—

(1) The solicitation, or amended solicitation, provides a different definition;

(2) The contracting parties agree to a different definition;

(3) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(4) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is located. The FAR Index is available via the Internet at http:// www.acqnet.gov at the end of the FAR, after the FAR Appendix.

1.2. FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (AUG 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for

Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and

Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by

D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the

Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

1.3. GSAR 552.203-71 RESTRICTION ON ADVERTISING (SEP 1999)

The Contractor shall not refer to this contract in commercial advertising or similar promotion in such a manner as to state or imply that the product or service provided is endorsed or preferred by the White House, the Executive Office of the President, or any other element of the Federal Government, or is considered by these entities to be superior to other products or services. Any advertisement by the contractor, including price-off coupons, that refers to a military resale activity shall contain the following statement: “This advertisement is neither paid for nor sponsored, in whole or in part, by any element of the United States Government.”

1.4. GSAR 552.236-70 DEFINITIONS (APR 1984)

The terms “Administration” and “Service” as used in this contract shall mean the General Services Administration (GSA) and the Public Buildings Service (PBS), respectively.

1.5. GSAR 552.236-71 AUTHORITIES AND LIMITATIONS (APR 1984)

(a) All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested in him by the contract documents, except that he shall have the right to designate authorized representatives to act for him. Wherever any provision in this contract specifies an individual (such as, but not limited to, Construction Engineer, Resident Engineer, Inspector or Custodian) or organization, whether Governmental or private, to perform any act on behalf of or in the interests of the Government, that individual or organization shall be deemed to be the Contracting Officer's authorized representative under this contract but only to the extent so specified. The Contracting Officer may, at any time during the performance of this contract, vest in any such authorized representatives additional power and authority to act for him or designate additional representatives, specifying the extent of their authority to act for him; a copy of each document vesting additional authority in an authorized representative or designating an additional authorized representative shall be furnished to the Contractor.

(b) The Contractor shall perform the contract in accordance with any order (including but not limited to instruction, direction, interpretation, or determination) issued by an authorized representative in accordance with his authority to act for the Contracting Officer; but the Contractor assumes all the risk and consequences of performing the contract in accordance with any order (including but not limited to instruction, direction, interpretation, or determination) of anyone not authorized to issue such order.

1.6. GSAR 552.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (DEVIATION FAR 52.252-6) (SEP 1999)

(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.

(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.

1.7. GSAR 552.236-72 SPECIALIST (APR 1984)

The term “Specialist,” as used in the contract specification, shall mean an individual or firm of established reputation (or, if newly organized, whose personnel have previously established a reputation in the same field), which is regularly engaged in, and which maintains a regular force of workmen skilled in either (as applicable) manufacturing or fabricating items required by the contract, installing items required by the contract, or otherwise performing work required by the contract. Where the contract specification requires installation by a specialist, that term shall also be deemed to mean either the manufacturer of the item, an individual or firm licensed by the manufacturer, or an individual or firm who will perform the work under the manufacturer's direct supervision.

1.8. GSAR 552.236-82 SUBCONTRACTS (APR 1984)

(a) Nothing contained in the contract shall be construed as creating any contractual relationship between any subcontractor and the Government. The divisions or sections of the specifications are not intended to control the Contractor in dividing the work among subcontractors, or to limit the work performed by any trade.

(b) The Contractor shall be responsible to the Government for acts and omissions of his own employees and of subcontractors and their employees. He shall also be responsible for the coordination of the work of the trades, subcontractors and suppliers.

(c) The Government will not undertake to settle any differences between or among the Contractor, subcontractors, or suppliers.

1.9. GSAR 552.211-71 STANDARD REFERENCES (FEB 1996)

(a) All documents and publications (such as, but not limited to, manuals, handbooks, codes, standards and specifications) cited in this contract for the purpose of establishing requirements applicable to equipment, materials, or workmanship under this contract, shall be deemed to be incorporated herein as fully as if printed and bound with the specifications of this contract, in accordance with the following:

(1) Wherever reference is made to Standard Specifications of the Public Buildings Service, Interim Federal Specifications, Interim Amendments to Federal Specifications, Interim Federal Standards, or Interim Amendments to Federal Standards, the Contractor shall comply with the requirements set out in the issue or edition identified in this contract.

(2) Wherever reference is made to any such document other than those specified in subparagraph (1) above, the Contractor shall comply with the requirements set out in the edition specified in this contract, or if not specified, the latest edition or revision thereof, as well as the latest amendment or supplement thereto, in effect on the date of the solicitation on this project, except as modified by, as otherwise provided in, or as limited to type, class or grade, by the specifications of this contract.

(b) Federal Specifications, Federal Standards, Standard Specifications of the Public Buildings Service and Public Buildings Service Standard Methods of Test may be obtained from the Business Service Center at any GSA Regional Office. Inquiries regarding “Commercial Standards”, “Product Standards”, and “Simplified Practice Recommendations” should be addressed to the Standard Development Service Section, National Bureau of Standards, Washington, DC, 20234. Publications of Associations referred to in the specifications may be obtained directly from the Associations.

(c) Upon request the Contractor shall make available at the job site within a reasonable time, a copy of each trade manual and standard which is incorporated by reference in this contract and which governs quality and workmanship.

1.10. GSAR 552.211-72 REFERENCES TO SPECIFICATIONS IN DRAWINGS (FEB 1996)

If military or other drawings are made a part of this contract, any reference in the drawings to Federal specifications or standards will be considered to be a reference to the date of such Federal specification or standard identified in the contract. If the date of the Federal specification or standard is not identified in the contract, the edition, including revisions thereto, in effect on the date the solicitation is issued will apply.

1.11. FAR 52.236-8 OTHER CONTRACTS (APR 1984)

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

1.12. FAR 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

1.13. FAR 52.233-3 PROTEST AFTER AWARD (AUG 1996)

(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its rights to an adjustment within 30 days after the end of the period of work stoppage; provided that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under the contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause. If, as the result of the Contractor’s intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2)or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government.

1.14. FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

(a) Any data required to be submitted on a Standard or Optional Form prescribed by the Federal Acquisition Regulation (FAR) may be submitted on a computer generated version of the form, provided, there is no change to the name, content, or sequence of the data elements on the form, and provided the form carries the Standard or Optional Form number and edition date.

(b) Unless prohibited by agency regulations, any data required to be submitted on an agency unique form prescribed by an agency supplement to the FAR may be submitted on a computer generated version of the form provided there is no change to the name, content, or sequence of the data elements on the form and provided the form carries the agency form number and edition date.

(c) If the Contractor submits a computer generated version of a form that is different than the required form, then the rights and obligations of the parties will be determined based on the content of the required form.

1.15. RESTRICTION ON ADVERTISING, MARKETING, AND CONTRACT SITE ACCESS

In accordance with GSAR 552.203-71, Restriction on Advertising, the contractor is precluded from referring to GSA contracts in commercial advertising in a manner that states or implies the Government approves or endorses the product or service or considers it superior to other products or services. The contractor may not disseminate or advertise any information concerning this project/contract without prior written approval of the Contracting Officer. The contractor may not photograph the project site other than as required by the contract or as directed by the Contracting Officer. Access to Federally controlled space is governed by stringent security requirements. The contractor is prohibited from bringing individuals to the project/contract site for the purpose of marketing, self promotion, media tours, and any other event or activity without the express written consent of the Contracting Officer. All media inquiries should be directed to the Contracting Officer. Any request for access to the project/contract site, other than to perform work related to the contract, shall be made in writing to the Contracting Officer.

STANDARDS OF CONDUCT

2.1 FAR 52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) above, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(e) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

2.2. FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) “Bona fide agency,” as used in this clause, means an established commercial or selling agency (including licensed real estate agents or brokers), maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

“Bona fide employee,” as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

“Contingent fee,” as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

“Improper influence,” as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits…