GS-05P-10-SV-C-0023 SOLICITATION.pdf

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RREEQQUUEESSTT FFOORR PPRROOPPOOSSAALL

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U.S. GENERAL SERVICES

ADMINISTRATION

Property Management Service Center

230 S. Dearborn Street, Ste. 3800

Chicago, IL 60604

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RECOVERY – REPLACE STEAM HEATING PLANT

Federal Building and U.S. Courthouse 410 West Michigan Street Kalamazoo, Michigan 49007-3757

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GS-05P-10-SV-C-0023

Volume I of III – Contract Clauses

IISSSSUUEE DDAATTEE:: June 14, 2010

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July 14, 2010 4:00 PM (Central Standard Time)

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U.S. General Services Administration Public Buildings Service, Great Lakes Region Property Management Service Center Attention: Ryan J. Beard 230 S. Dearborn Street, Ste. 3800 Chicago, IL 60604

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Federal Building and U.S. Courthouse ARRA – Replace Steam Heating Plant Kalamazoo, MI 49007-3757 GS-05P-10-SV-C-0023

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PROPERTY OF THE UNITED STATES GOVERNMENT

FOR OFFICIAL USE ONLY

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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.

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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.

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

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PROPERTY OF THE UNITED STATES GOVERNMENT

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

LICENSE REQUIREMENTS

Offerors should note the requirements of paragraph entitled License Requirement, that evidence of having or having made application for all appropriate permits and licenses for the state specified must be submitted with their offer.

NAICS CODE

For your information, the North American Industry Classification System (NAICS) code for this procurement is 238220. The Small Business Size Standard is $14 Million.

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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) Standard Form 24 – Bid Guarantee Past Performance References Subcontracting Plan (N/A to Small Business Concerns) GSA Form 527 – Contractor’s Qualifications and Financial Information

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 and payment 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 (clause entitled FAR 52.228-1 Bid Guarantee) and (2) the requirements of the clause entitled FAR 52.228-11 Pledge of Assets.

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 10 on the Standard Form 1442 underneath Supplies/Services. 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 shown in Block 5b on the first page of the solicitation.

USE OF FEDERAL EXPRESS AND OTHER EXPRESS PACKAGE CARRIERS

Because of increased security standards and building renovations, “next-day” express package carriers may experience delays in making deliveries within the Chicago Loop Federal Center. Offerors should take this fact into consideration when determining when to submit their offers.

PROMPT PAYMENT DISCOUNT

Payment terms are set forth in the Prompt Payment clause in this solicitation. Offerors are cautioned against inserting any statement that indicates that payment is due sooner that the time stipulated in the Prompt Payment clause. EXAMPLE: Inserting "Net 20" may cause the offer to be rejected as unacceptable, because the entry would be contrary to the 30-day payment terms specified in the Prompt Payment clause.

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

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PROPERTY OF THE UNITED STATES GOVERNMENT

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Do not remove this notice Properly destroy documents when no longer needed 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 held on June 23, 2010 at 1:00PM EST at the Federal Building and U.S. Courthouse 410 West Michigan Street. Please send a confirmation email to Ryan.Beard@gsa.gov to confirm your attendance at this meeting.

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.

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

Rev. Sept.2008

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TABLE OF CONTENTS

VOLUME I – CONTRACT CLAUSES/WAGE DETERMINATION/SUPPLEMENTAL

CONDITIONS

GSA FORM 3506 Construction Contract Clauses (ARRA) General Wage Decision Applicable Wage Determinations Davis Bacon Note Applicable Minimum Hourly Rates of Wages Section 00800 Supplementary Conditions

VOLUME II – TECHINICAL SPECIFICATIONS

DIVISION 1 – GENERAL REQUIREMENTS PAGES

01 11 13 SUMMARY OF WORK 1 – 6

01 31 00 PROJECT COORDINATION 1 – 9

01 32 00 CONSTRUCTION PROGRESS 1 – 4

01 33 00 SUBMITTALS 1 – 6

01 35 26 SAFETY AND HEALTH 1 – 7

01 35 43 HAZARDOUS SUBSTANCES 1 – 2

01 35 53 SECURITY REGULATIONS

1 – 8

01 42 16 DEFINITIONS AND STANDARDS 1 – 9

01 50 00 TEMPORARY FACILITIES 1 – 3

01 51 16 FIRE PREVENTION 1 – 7

01 60 00 PRODUCTS 1 – 6

01 70 00 PROJECT CLOSEOUT 1 – 7

01 73 29 CUTTING AND PATCHING

1 – 5

01 74 19 CONSTRUCTION WASTE MANAGEMENT 1 – 12

DIVISION 2 – EXISTING CONDITIONS

02 40 00 DEMOLITION 1 – 2

02 83 00 LEAD MITIGATION 1 – 25

DIVISION 3 – CONCRETE

03 30 00 CAST-IN-PLACE CONCRETE 1 – 2

DIVISION 6 – WOOD & PLASTICS

06 10 63 EXTERIOR ROUGH CARPENTRY 1 – 3

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DIVISION 7 – THERMAL AND MOISTURE PROTECTION

07 84 13 PENETRATION FIRESTOPPING 1 – 8

DIVISION 9 – FINISHES

09 91 00 PAINTING 1 – 7

DIVISION 22 – PLUMBING

22 05 00 COMMON WORK RESULTS FOR PLUMBING AND HVAC 1 – 10

22 05 50 COMMON PLUMBING AND HVAC PIPING 1 – 20

22 07 00 PLUMBING INSULATION 1 – 6

22 30 00 PLUMBING SYSTEMS 1 – 6

DIVISION 23 – HEATING, VENTILATION, & AIR CONDITIONING

23 07 00 HVAC INSULATION 1 – 3

23 09 00 INSTRUMENTATION AND CONTROL FOR HVAC 1 – 4

23 30 00 HVAC AIR DISTRIBUTION 1 – 6

23 34 00 DUCT ACCESSORIES 1 – 5

23 40 00 HEATING, VENTILATING AND AIR CONDITIONING 1 – 22

DIVISION 26 – ELECTRICAL

26 05 00 COMMON WORK RESULTS FOR ELECTRICAL 1 – 4

26 05 19 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS & CABLES 1 – 4

26 05 26 GROUNDING AND BONDING 1 – 2

26 05 29 HANGERS AND SUPPORTS 1 – 2

26 05 33 RACEWAYS AND BOXES FOR ELECTRICAL 1 – 9

26 18 36 MEDIUM VOLTAGE ENCLOSED FUSES 1 – 3

26 24 00 SWITCHBOARDS AND PANELBOARDS 1 – 6

26 27 26 WIRING DEVISES 1 – 3

26 28 16 ENCLOSED SWITCHES AND CIRCUIT BREAKERS 1 – 3

26 29 13 ENCLOSED CONTROLLERS 1 – 5

26 51 00 INTERIOR LIGHTING 1 – 2

DRAWING INDEX

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ARCHITECTURAL G0 01, A1 01

MECHANICAL M1 01-M1 03

ELECTRICAL E1 01,

E1 02, E6 01

VOLUME III – BID FORMS

Standard Form 1442 Solicitation, Offer and Award (Construction, Alteration or Repair) Standard Form 24 BID BOND Section 00120 SUPPLEMENTARY OF INSTRUCTION TO BIDDERS GSA Form 3502 SOLICITATION PROVISIONS (NEGOTIATED) GSA Form 1903 NOTICE TO BIDDERS Attachment A PAST PERFORMANCE REFERENCE CHECK

END OF TABLE OF CONTENTS

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Last Modified Feb 2010

CONSTRUCTION CONTRACT CLAUSES for

AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009

CATEGORY CLAUSE REFERENCE TITLE

GENERAL

1.1 FAR 52.202-1 DEFINITIONS

1.2 FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (CCR)

1.3 GSAR 552.203-71 RESTRICTIONS ON ADVERTISING

1.4 GSAR 552.236-70 DEFINITIONS

1.5 GSAR 552.236-71 AUTHORITIES AND LIMITATIONS

1.6 GSAR 552.252-6 AUTHORIZED DEVIATIONS OR VARIATIONS IN CLAUSES

(DEVIATIONS FAR 52.252-6)

1.7 GSAR 552.236-72 SPECIALIST

1.8 GSAR 552.236-82 SUBCONTRACTS

1.9 GSAR 552.211-71 STANDARD REFERENCES

1.10 GSAR 552.211-72 REFERENCE TO SPECIFICATIONS IN DRAWINGS

1.11 FAR 52.236-8 OTHER CONTRACTS

1.12 FAR 52.236-7 PERMITS AND RESPONSIBILITIES

1.13 FAR 52.233-3 PROTEST AFTER AWARD

1.14 FAR 52.253-1 COMPUTER GENERATED FORMS

1.15 GSAR 552.203-71 RESTRICTION ON ADVERTISING, MARKETING AND CONTRACT

SITE ACCESS

STANDARDS OF CONDUCT

2.1 FAR 52.203-3 GRATUITIES

2.2 FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES

2.3 FAR 52.203-7 ANTI-KICKBACK PROCEDURES

2.4 FAR 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY

2.5 FAR 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

ACTIVITY

2.6 FAR 52.203-12 LIMITATIONS ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

2.7 FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT

2.8 FAR 52.302-14 DISPLAY OF HOTLINE POSTER(S)

BONDS AND INSURANCE

3.1 FAR 52.228-1 BID GUARANTEE

3.2 GSAR 552.228-5 GOVERNMENT AS ADDITIONAL INSURED

3.3 FAR 52.228-11 PLEDGES OF ASSETS

3.4 FAR 52.228-2 ADDITIONAL BOND SECURITY

3.5 FAR 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION

3.6 FAR 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUEST FOR BONDS

3.7 FAR 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS

3.8 FAR 52.228-14 IRREVOCABLE LETTER OF CREDIT

3.9 FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION

SITE CONDITIONS

4.1 FAR 52.236-2 DIFFERING SITE CONDITIONS

4.2 FAR 52.236-3 SITE INVESTIGATIONS AND CONDITIONS AFFECTING THE WORK

4.3 GSAR 552.236-76 MEASUREMENTS

SPECIFICATIONS AND DRAWING

5.1 FAR 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

5.2 GSAR 552.236-77 SPECIFICATIONS AND DRAWINGS

5.3 GSAR 552.236-78 SHOP DRAWINGS, COORDINATION DRAWINGS, AND SCHEDULES

SCHEDULES

6.1 FAR 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS

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CATEGORY CLAUSE REFERENCE TITLE

PERFORMANCE

7.1 FAR 52.236-1 PERFORMANCE OF WORK BY CONTRACTOR

7.2 FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR

7.3 FAR 52.236-5 MATERIAL AND WORKMANSHIP

7.4 GSAR 552.236-79 SAMPLES

7.5 FAR 52.236-17 LAYOUT OF WORK

7.6 FAR 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES

7.7 GSAR 552.236-75 USE OF PREMISES

7.8 FAR 52.236-10 OPERATIONS AND STORAGE AREAS

7.9 GSAR 552.236-80 HEAT

7.10 GSAR 552.236-74 WORKING HOURS

7.11 FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS

7.12 FAR 52.236-13 ACCIDENT PREVENTION

7.13 FAR 52.236-12 CLEANING UP

7.14 FAR 52.236-26 PRECONSTRUCTION CONFERENCE

GOVERNMENT FURNISHED PROPERTY

8.1 FAR 52.245-2 GOVERNMENT PROPERTY (FIXED PRICE CONTRACTS)

USE AND POSSESSION

9.1 FAR 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION

9.2 GSAR 552.236-81 USE OF EQUIPMENT BY THE GOVERNMENT

INSPECTION

10.1 FAR 52.246-12 INSPECTION OF CONSTRUCTION

10.2 GSAR 552.246-72 FINAL INSPECTION AND TESTS

WARRANTY AND GUARANTEES

11.1 FAR 52.246-21 WARRANTY OF CONSTRUCTION

11.2 GSAR 552.246-75 GUARANTEES

BUY AMERICAN AND TRADE AGREEMENTS

12.1 FAR 52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS

12.2 FAR 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT—

CONSTRUCTION MATERIALS

12.3 FAR 52.225-11 BUY AMERICAN ACT—CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS

12.4 FAR 52.225-12 NOTICE OF BUY AMERICAN ACT—CONSTRUCTION MATERIALS

UNDER TRADE AGREEMENTS

12.5 FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

ENVIRONMENTAL PROTECTION

13.1 FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS

13.2 FAR 52.223-6 DRUG-FREE WORKPLACE

13.3 FAR 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS

13.4 FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER

13.5 FAR 52.223-14 TOXIC CHEMICAL RELEASE REPORTING

13.6 FAR 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL

CONTENT FOR EPA DESIGNATED PRODUCTS

EMPLOYMENT PRACTICES AND LABOR STANDARDS

14.1 FAR 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

14.2 FAR 52.222-3 CONVICT LABOR

14.3 FAR 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT—

OVERTIME COMPENSATION

14.4 FAR 52.222-6 DAVIS-BACON ACT

14.5 FAR 52.222-7 WITHHOLDING OF FUNDS

14.6 FAR 52.222-8 PAYROLLS & BASIC RECORDS

14.7 FAR 52.222-9 APPRENTICES AND TRAINEES

14.8 FAR 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS

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CATEGORY CLAUSE REFERENCE TITLE

14.9 FAR 52.222-11 SUBCONTRACTS (LABOR STANDARDS)

14.10 FAR 52.222-12 CONTRACT TERMINATION--DEBARMENT

14.11 FAR 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACTS

REGULATIONS

14.12 FAR 52.222-14 DISPUTES CONCERNING LABOR STANDARDS

14.13 FAR 52.222-15 CERTIFICATION OF ELIGIBILITY

14.14 FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES

14.15 FAR 52.222-26 EQUAL OPPORTUNITY

14.16 FAR 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR

CONSTRUCTION

14.17 FAR 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS,

VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE

VETERANS

14.18 FAR 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES

14.19 FAR 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND

VETERANS OF THE VIETNAM ERA

SUBCONTRACTING

15.1 FAR 52.209-6 SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT

15.2 FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS

15.3 FAR 52.219-9 SMALL, SMALL DISADVANTAGED AND WOMEN OWNED SMALL

BUSINESS SUBCONTRACTING PLAN

15.4 FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING

15.5 FAR 52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING

15.6 GSAR 552.219-75 GSA MENTOR-PROTÉGÉ PROGRAM

15.7 GSAR 552.219-76 MENTOR REQUIREMENTS AND EVALUATION

PATENTS, DATA AND COPYRIGHTS

16.1 FAR 52.227-1 AUTHORIZATION AND CONSENT

16.2 FAR 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT

16.3 FAR 52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS

TAXES

17.1 FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES

17.2 FAR 52.229-4 FEDERAL, STATE, AND LOCAL TAXES (NONCOMPETITIVE

CONTRACT)

ADJUSTMENTS

18.1 FAR 52.222-30 DAVIS-BACON ACT--PRICE ADJUSTMENT (NONE OR SEPARATELY

SPECIFIED METHOD)

18.2 FAR 52.243-4 CHANGES

18.3 FAR 52.248-3 VALUE ENGINEERING--CONSTRUCTION

18.4 GSAR 552.243-71 EQUITABLE ADJUSTMENTS

AUDITS/COST AND PRICING DATA

19.1 FAR 52.214-26 AUDIT—SEALED BIDDING

19.2 FAR 52.214-27 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA

MODIFICATIONS--SEALED BIDDING

19.3 FAR 52.214-28 SUBCONTRACTOR COST OR PRICING DATA MODIFICATIONS -

SEALED BIDDING

19.4 FAR 52.215-2 AUDIT AND RECORDS--NEGOTIATION

19.5 FAR 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA

19.6 FAR 52.215-12 SUBCONTRACTOR COST OR PRICING DATA

19.7 FAR 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS

19.8 FAR 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POST RETIREMENT

BENEFITS OTHER THAN PENSIONS (PRB)

19.9 FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES

19.10 GSAR 552.215-70 EXAMINATION OF RECORDS BY GSA

PAYMENT

20.1 FAR 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

20.2 FAR 52.232-17 INTEREST

20.3 FAR 52.232-23 ASSIGNMENT OF CLAIMS

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CATEGORY CLAUSE REFERENCE TITLE

20.4 FAR 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION

20.5 FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-- CENTRAL

CONTRACTOR REGISTRATION (CCR)

20.6 INVOICE REQUIREMENTS

20.7 GSAR 552.232-78 PAYMENT INFORMATION

STOP WORK AND TERMINATION

21.1 GSAR 552.211-84 NONCOMPLIANCE WITH CONTRACT REQUIREMENTS

21.2 FAR 52.249-2 TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT

(FIXED PRICE) (ALT I)

21.3 FAR 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION)

DISPUTES

22.1 FAR 52.233-1 DISPUTES

COST ACCOUNTING STANDARDS

23.1 FAR 52.230-2 COST ACCOUNTING STANDARDS

23.2 FAR 52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING

PRACTICES

23.3 FAR 52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS

OTHER

24.1 FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

24.2 FAR 52.242-13 BANKRUPTCY

24.3 FAR 52.242-14 SUSPENSION OF WORK

24.4 FAR 52.243-5 CHANGES AND CHANGED CONDITIONS

24.5 FAR 52.223-5 POLLUTION PREVENTION AND RIGHT-TO KNOW INFORMATION

24.6 FAR 52.219-28 POST AWARD SMALL BUSINESS REPRESENTATION

24.7 FAR 52.204-9 PERSOANL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

24.8 FAR 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN

SERVICE AND CONSTRUCTION CONTRACTS

DOCUMENT SECURITY FOR SENSITIVE BUT UNCLASSIFIED BUILDING INFORMATION

25.5 FAR 52.232-18 AVAILABILITY OF FUNDS

DOCUMENT SECURITY FOR SENSITIVE BUT UNCLASSIFIED BUILDING INFORMATION

AMERICAN RECOVERY AND REINVESTMENT ACT

25.1 FAR 52.225-21 REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER

MANUFACTURED GOODS-BUY AMERICAN ACT-

CONSTRUCTION MATERIALS

25.2 FAR 52.225-23 REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER

MANUFACTURED GOODS-BUY AMERICAN ACT-

CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS

25.3 FAR 52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN

RECOVERY AND REINVESTMENT ACT OF 2009

25.4 FAR 52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009—

REPORTING REQUIREMENTS

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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 Ac-quisition 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 dif-ferent 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 lo-cated. 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 (APR 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

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(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

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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 con-sidered 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 Ad-ministration (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 representa-tive 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 au-thority to act for him; a copy of each document vesting additional authority in an authorized representa-tive 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 accor-dance with his authority to act for the Contracting Officer; but the Contractor assumes all the risk and

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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 addi-tion 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 "substan-tially 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, sub-contractors, 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.

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(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 con-tract, 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 ap-ply.

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 Govern-ment employees and shall carefully adapt scheduling and performing the work under this contract to ac-commodate 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 nec-essary 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 Con-tractor shall also be responsible for all materials delivered and work performed until completion and ac-ceptance 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 Con-tractor to stop performance of the work called for by this contract. The order shall be specifically identi-fied as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall im-mediately comply with its terms and take all reasonable steps to minimize the incurrence of costs al-locable 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 Con-venience of the Government, clause of this contract.

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(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, accord-ingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost prop-erly 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 Contract-ing Officer may receive and act upon a proposal at any time before final payment under the con-tract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the conven-ience 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, misrepresenta-tion, 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 reim-burse the Government the amount of such costs. In addition to any other remedy available, and pursu-ant 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 Govern-ment.

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 Acquisi-tion 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 re-quired form.

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

In accordance with GSAR 552.203-71, Restriction on Advertising, the…