BC Sidewalk Stair Solicitation.pdf

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SIDEWALK & STAIR REPLACEMENT, HDI FEDERAL CENTER, BATTLE CREEK, MI
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GS-05P-11-SM-C-0005
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SOLICITATION - SIDEWALK STAIR REPLACEMENT HDI FEDERAL CTR. BATTLE CREEK MI

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Sidewalk and Stair Replacement PBS-REG-5

Hart-Dole-Inouye Federal Building

INDEX

Project title: Sidewalk and Stair Replacement

Location: Hart-Dole-Inouye Federal Building

Battle Creek, Michigan

Contract number: GS-05P-11-SM-C-0005

TABLE OF CONTENTS

NOTE: THIS TABLE OF CONTENTS IS FOR CONVENIENCE ONLY. ITS ACCURACY IS NOT GUARANTEED AND

IT IS NOT TO BE CONSIDERED AS PART OF THE SPECIFICATIONS. IN CASE OF DISCREPANCY BETWEEN THE

TABLE OF CONTENTS AND THE SPECIFICATION, THE SPECIFICATION SHALL GOVERN.

Section 1: Notice of Solicitation

Section 2: Standard Form 1442

Section 3: Original Scope of Work

Section 4: Original Clauses

Section 5: Supplementary Instructions

Section 6: Past Performance Reference

Section 7: Wage Determinations

Section 8: Original Drawings

Section 9: Original Provisions

END OF INDEX

SOLICITATION: GS-05P-11-SM-C-0005

ATTENTION OFFEROR: You 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 offer.

Negotiated Procurement

This is a negotiated procurement. There will NOT be a public opening. The number of offers received the identity of offerors, the amount of any offer or relative standing of any offer will not be disclosed.

Site Visit

Site visit is scheduled for Wednesday, March 23, 2011 at 10:00 AM EST. Please contact Steve Byker at 616-456-2639 to confirm attendance.

Central Contractor Registration

You must be registered to receive award. If you are not registered, please visit www.ccr.gov and register before submitting quote. If you are already registered, please make sure your information is accurate and up to date before submitting quote.

Offer Submission

The following documents must be submitted with your offer:

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

2. Annual Representations and Certification – last page of package

3. Past Performance Reference (3 ea)

Bid Guarantee/Bonding

A bid guarantee and bonds are required.

Submission Information

Submit offers to:

U.S. General Services Administration

Property Management Division

Michigan Procurement Team

Attn: Malcolm Lewis

6 Parklane Blvd., Ste. 451

Dearborn, MI 48126

Offer Due Date

Offers are due Monday, April 18, 2011, 2:00 AM Eastern Time

Late bids may be considered non-responsive.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

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6. PROJECT PLAN

OFFER (Must be fully completed by offeror)

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AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

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AWARD (To be completed by Government)

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CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 3 OF 3 GS-05P-11-SM-C-0005

SIDEWALK AND STAIR REPLACEMENT

HART-DOLE-INOUYE FEDERAL CENTER

BATTLE CREEK, MICHIGAN

0001 CONTRACTOR SHALL PROVIDE ALL LABOR,

SUPERVISION, MATERIALS AND EQUIPMENT

TO REMOVE THE EXISTING STAIRWAYS AND

SIDEWALKS, AND REPLACE WITH NEW AS

FURTHER DESCRIBED IN SCOPE OF WORK AND

ATTACHED DRAWING(S).

1.00 LS

th

October, 2010

SCOPE OF WORK

Sidewalk & Stair Replacement HDI Federal Center Bldg

74 N. Washington Battle Creek, MI 49017

PURPOSE

The purpose of this Scope of Work is to provide all labor, supervision, materials and equipment to remove the existing stairways and sidewalks, and replace with new as further described below and as shown on the attached drawings.

CONTRACT REQUIREMENTS

A. CONTRACTOR RESPONSIBILITY

The contractor shall provide all management, supervision, labor, materials, supplies and equipment and shall plan, schedule, coordinate, and assure effective completion of all work described herein. Contractor to provide all materials and equipment necessary to provide a complete project even if not specifically mentioned or listed within these documents. Insufficient information or description of materials or labor, which prevent the acceptance of these drawings and specifications as adequate to complete the work, must be reported to the government representative, in writing, prior to submitting a bid. Listing an exclusion in the bid response does not meet this criteria. The contractor’s bid shall be construed as an offer to complete all work without additional cost to the government.

B. CONTRACTOR ON-SITE REPRESENTATION

On-Site Representative. The contractor shall provide in writing to the Contracting Officer’s Technical Representative (COTR) the name, telephone number and address of the contractor’s on-site representative (working supervisor). The term “on-site representative” means a person designated in writing by the contractor who has the authority to act for the contractor on a day-to-day basis at the work site and to accept and sign for notices of deductions, inspection reports and all other correspondence on behalf of the contractor. The on-site representative must be available at all times when the contract work is in progress. The contractor must provide the name of qualified substitute on-site representatives that will fill in when the primary on-site representative is not available. All on-site representative personnel engaged in directing the work to be accomplished under this contract shall possess an acceptable level of experience and knowledge to carry out the terms of this contract. GSA will not supervise contractor’s employees directly or indirectly.

C. GSA PERSONNEL

Contracting Officer’s Technical Representative (COTR). The COTR is the individual designated by the Contracting Officer at the time of award to be responsible for the day-to-day administration of the contract. The COTR for this project is Steve Byker, who can be reached at (616) 456-2639.

Coordination: All work is to be coordinated with the General Services Administration, HDI Federal Center, 74 North Washington Avenue, Battle Creek Property Management Office, Room 216. The Property Manager, David Kamrowski, is the contact person for scheduling, coordination and general information regarding tenant requirements, and can be reached at (269) 961-7344.

D. QUALITY ASSURANCE

Safety Meeting. The Contractor’s on-site Rep and Project Manager shall meet with the CO or his/her representative(s) prior to the start of work under this contract for the purpose of reviewing the Contractor's safety and environmental programs and discussing implementation of all safety and environmental provisions pertinent to the work to be performed under the contract. The Contractor shall be prepared to discuss, in detail, the measures he/she intends to take in order to control any unsafe or unhealthy conditions, disposal of waste, and control releases to the environment associated with the work to be performed under the contract. The level of detail for the safety meeting is dependent upon the nature of the work and the potential inherent hazards. This meeting shall be held in conjunction with the Pre- Construction meeting.

Compliance with Regulations. All work, including contact with and handling of hazardous materials/wastes, the disturbance or dismantling of structures containing hazardous materials and/or the disposal of hazardous materials/wastes shall comply with the applicable requirements of 29 CFR 1926, 40 CFR 260-265, and 40 CFR 61. All work shall comply with applicable state and municipal safety and environmental requirements. Where there is a conflict between applicable regulations, the most stringent shall apply.

Contractor Responsibility. The Contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel and environmental management during the execution of work, and shall hold the Government harmless for any action on his/her part or that of his/her employees or subcontractors, which results in illness, injury or death.

E. EMERGENCY REPORTING

The contractor is responsible to notify the COTR whenever the contractor becomes aware that building equipment or systems, including elevators, are non-operational. Fire alarm system malfunctions must be reported immediately to the COTR. In the case of fire alarm activation or a safety emergency the contractor shall immediately report the incident to the GSA Federal Protective Service / Security Control Center. The guard on duty or the Federal Protective Service Control Center shall be notified when an unauthorized or suspicious person is seen on the premises.

THE GSA FEDERAL PROTECTIVE SERVICE / SECURITY CONTROL CENTER EMERGENCY

TELEPHONE NUMBER IS: 877-437-7411

F. PROTECTION TO PUBLIC AND PROPERTY

The Contractor shall take all necessary precautions to prevent injury to the public, building occupants, or damage to property of others. For the purposes of this contract, the public or building occupants shall include all persons not employed by the Contractor or a subcontractor working under his/her direction.

a. Storing, positioning or use of equipment, tools, materials, scraps, trash, and furniture in a manner likely to present a hazard to the public or building Occupants by its accidental shifting, ignition, or other hazardous qualities is prohibited.

b. No corridor, aisle, stairway, door, or exit shall be obstructed or used in such a manner as to encroach upon routes of ingress or egress utilized by the public or building occupants, or to present unsafe or unhealthy conditions to the public or building occupants.

c. Work shall not be performed in any area occupied by the public or building occupants unless specifically permitted by the contract or the COTR and unless adequate steps are taken for the protection of the public or Federal employees.

d. Wherever practicable, the work area shall be fenced, barricaded, or otherwise blocked off from the public or building occupants to prevent unauthorized entry into the work area.

e. When the nature of the work prevents isolation of the work area-and the public or building occupants may be in or pass through, under, or over the work area, alternate precautions such as the posting of signs, the use of signal persons, the erection of barricades or similar protection around particularly hazardous operations shall be used as appropriate.

f. When work is to be performed over a public thoroughfare such as a sidewalk, lobby, or corridor, the thoroughfare shall be closed, if possible, or other precautions taken such as the installation of screens or barricades. When the exposure to heavy falling objects exists, as during the erection of building walls or during demolition, special protection of the type detailed in 29 CFR 1910/1926 shall be provided. Fences and barricades shall be removed upon completion of the project, in accordance with local ordinances and to the satisfaction of the COTR or his/her representative(s).

G. GENERAL

a. The attached construction drawings are representational and contractors are encouraged to visit the project site to determine work conditions and measurements prior to submitting a bid.

b. All work shall be completed and performed in accordance with the best practices of the trade and in compliance with all-applicable state and local codes.

c. All surfaces adversely affected by the contractor shall be repaired to match the existing finishes.

d. All demolition debris to be removed from the premises daily. A construction debris dumpster will not be made available for the Contractors’ use.

e. All work areas shall be kept neat and clean. Sweep and/or vacuum upon completion of work as needed to leave a clean work area. Utilize plastic sheeting to control dust.

f. All work in these areas shall be completed promptly to limit the disruption to our tenants.

g. Provide accessories and miscellaneous items as required to provide a complete project, even though each item is not specifically shown on drawings, mentioned or described.

H. SECURITY REQUIREMENTS & BADGES

All contractors are required to display a GSA issued Building pass while on Federal Building properties.

The badge must be visibly worn between the shoulders and the waistline. Contractors are required to pass security and go through a metal detector at the beginning of each workday.

A. These procedures implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

B. GSA requires prospective long term (recurring, daily) PBS contract (including subcontract when identified and required by the Government) employees (i.e., custodians, elevator and mechanical maintenance mechanics, guards, child care employees, construction workers, etc.) to undergo a pre-employment criminal history check and wanted person check prior to being employed under the contract and/or granted access to GSA-controlled buildings. A determination for suitability for Federal employment will be made on these applicants to determine eligibility to function in a position of trust, and to identify potential risk or threats to the safety and security of personnel and property. The Property Manager, Contracting Officer’s Technical Representative (COTR) and Contracting Officer (CO) will determine the level of risk for contract employees employed under this contract.

C. The Security Risk Level for this contract is: Low Risk - those non-sensitive positions whose job functions have minimal impact on the agency mission. This level requires a National Agency Check with Inquiries (NACI).

D. After award, the COTR will contact the contractor to review the particular security clearance process and procedures for the covered facility that will involve paper and/or electronic methods of documenting employee background history and fingerprints. Occupant agencies may require separate special clearances for access to certain areas covered under this contract. Once the COTR has completed the review, the Contractor shall accurately and thoroughly complete (submit) the necessary clearances within 10 calendar days. Failure to do so may result in the contract being terminated for default.

E. Notice to proceed with the contract will not be issued to the Contractor until an adequate number of applicable employee clearances have been granted by the Government.

F. No employee shall be allowed to perform any on-site work under this contract without receiving prior clearance from GSA and/or authorization of the COTR or Property Manager.

G. It is the Contractor’s responsibility to ensure that employee security clearances are current and that any recertification is completed within required time frames. Any employee with an expired clearance may be removed from the facility and the Government will not be party to the “employment” status of the employee due to an expired clearance.

H. Once contract performance has begun and the Contractor has a need to add new and/or replacement employees, the Contractor shall contact the COTR to verify the current security clearance process. This shall be accomplished at least 45 days in advance of when the Contractor would require the employee to start work under the contract.

I. The Government shall have, and exercise, full and complete control over granting, denying, withholding, and terminating clearances for any employee.

I. SPECIFICATIONS

Provide the demolition of existing concrete sidewalks, replacement of concrete sidewalks and replacement of stairways as further described below and as shown on the attached drawings.

1. Concrete Sidewalk Replacement

a. Contractor is to demolish and remove existing concrete sidewalks as shown on the drawings and haul the broken concrete away to be recycled.

1. There will be no storage of construction debris on the site.

2. The contractor will provide delivery tickets (proof) showing that the concrete is being recycled.

b. Contractor will excavate and dispose of all soil necessary to complete his work.

c. Contractor is responsible to furnish and install any compactable fill dirt necessary to complete his work.

1. The contractor will ensure the soil is compacted before placing new concrete.

d. Contractor is required to provide a 4,000 psi concrete mix with recycled material additives.

1. 20% flyash is the minimum requirement.

2. The concrete will contain residential fiber reinforcement. No steel reinforcement will be allowed.

3. A clear cure and seal hardener will be applied to the concrete in order to reduce set time.

a. The cure and seal will be Euco EverClear (or approved equal).

e. Contractor will provide a light broom finish on all exterior sidewalks according to the best industry standards and practices.

1. The contractor will ensure that pedestrian traffic will be able to move around his work during construction operations.

f. Contractor will provide hand tooled control joints.

1. The joint pattern of the new concrete will match the joint pattern of the surrounding sidewalk.

g. Contractor will provide and install bituminous fiber expansion material any place where new concrete comes into contact with existing concrete.

h. The contractor will take care to protect all existing concrete to remain.

1.The contractor will be responsible to repair any concrete broken as a result of his construction operations, at his own expense.

i. The contractor is responsible to cut and dispose of any tree roots that need to be cut.

2. Concrete Stairs Replacement

a. See attached drawing for locations.

b. Contractor is to demolish and remove existing concrete stairs as shown on the drawings and haul the broken concrete away to be recycled.

1. There will be no storage of construction debris on the site.

2. The contractor will provide delivery tickets (proof) showing that the concrete is being recycled.

c. Contractor is responsible to furnish and install any compactable fill dirt necessary to complete his work.

1. The contractor will ensure the soil is compacted before placing new concrete.

d. The contractor will remove any railing necessary to complete the handicap ramp repair work.

1. The existing railing will be reused to the maximum extent possible.

2. Where existing railings cannot be reused, the contractor shall provide and install new railings that match the existing in material, size, color, and finish.

3. Contractor will core drill 2-1/2” dia. holes in order to set the railing posts in the new stairs.

a. The core holes will be filled with hydraulic cement after the railings are set.

b. The contractor will provide and install covers over the core holls.

1. The covers will be caulked with clear silicone.

e. Contractor is required to provide a 4,000 psi concrete mix with recycled material additives.

1. 20% flyash is the minimum requirement.

2. The concrete will contain residential fiber reinforcement.

3. All reinforcing bars will be #4, Grade 60, epoxy coated rebar.

4. A clear cure and seal hardener will be applied to the concrete in order to reduce set time.

a. The cure and seal will be Euco EverClear (or approved equal).

f. Contractor will provide a light broom finish on all stairs according to the best industry standards and practices.

J. SUBMITTALS FOR APPROVAL PRIOR TO COMMENCEMENT OF WORK

1. Project Schedule, as discussed in Paragraph “O” below.

2. Concrete Mix Design.

3. Railing Shop Drawings (if necessary).

4. Application for Payment in AIA format (G702 & G703).

5. MSDS & Product Data for Cure & Seal and caulk.

K. QUALITY CONTROL SERVICES

The quality control services include tests, inspections and related actions, including reports performed by the Contractor, independent agencies or governing authorities.

L. MATERIALS (Note: All materials shall have a recycled content where available) Affirmative Procurement Program GSA, as a Federal procurement agency, is required to procure and use products containing recovered materials, environmentally preferable materials, and biobased products. These items will be used to the maximum extent feasible unless the item is not available competitively within a reasonable time frame, does not meet appropriate performance standards, or is only available at an unreasonable price.

In support of this program, products that meet the following criteria are considered acceptable:

(1) Products specified by the U.S. Environmental Protection Agency (EPA) as Comprehensive Procurement Guideline (CPG) items and their associated Recovered Materials Advisory Notices (RMANs). The list of CPG items is available at http://www.epa.gov/cpg.

(2) Products designated as environmentally oriented in the GSA Federal Supply Service "Environmental Products and Services Guide." This guide is available at http://www.fedcenter.gov/Documents/index.cfm?id=517&pge_id=1606.

(3) Information regarding the United States Department of Agriculture’s (USDA) Federal Biobased Products Preferred Procurement Program is available on the Internet at http://www.biobased.oce.usda.gov.

In accordance with FAR 52.223-9, Certification and Estimate of Percentage of Recovered Material Content for EPA-Designated Items, the contractor must provide the required certification and estimate at contract completion. In addition, interim annual reports, estimating the percentage of total recovered materials use in contract performance, including, if applicable, the percentage of post consumer material content, shall be provided by the contractor no later than November 1 of each year, with data for the preceding twelve month period ending September 30 th

In support of the Governments goal to promote recycling of construction material, a searchable database of construction and demolition debris recycling firms nationwide is available at http://www.wbdg.org/tools/cwm.php?c=6.

Where applicable, Cement and fly ash: Supplier shall certify that no hazardous waste is used in the mix.

Where applicable, concrete: High early strength so that no more than 14 days of curing time is required in order to use the entrance ramp.

M. SPECIAL NOTE TO CONTRACTOR:

A. A pre-construction meeting may be held at the job site with the following in attendance:

1. Contractor,

2. GSA’s Contracting Officers Rep, and

3. Agency(s) representative(s).

B. Work shall not begin until a pre-construction meeting (if necessary) has been held and/or all questions and clarification raised have been addressed and/or resolved.

C The Contractor shall take note that only the GSA Contracting Office is authorized to make changes to this contract. If the contractor makes changes without authorization from GSA, they will be held liable for any increase in costs.

D. Due to ongoing contracts, GSA will not provide any parking to contractor vehicles. They will only be allowed to use the dock area to load or unload materials to be taken from or delivered to the job site. Contractor will be responsible to get their own parking, absolutely no exceptions.

E. Failure by the contractor to visit the site and verify actual site conditions will not be grounds for increased contract cost after award.

N. WARRANTY ON MATERIALS AND EQUIPMENT:

Unless otherwise provided in the specifications for specific items, the contractor agrees to guarantee all material (Excluding Government furnished equipment/Government furnished material) and labor for a period of one year. The warranty shall begin on the date the Government accepts the project.

Acceptance will be made in writing.

O. SCHEDULING

All work shall be conducted during normal building hours. Scheduling shall be coordinated with the designated Property Manager and COTR.

Normal building hours are Monday - Friday 7:00 am - 5:00 p.m., except those days designated as federal holidays. The Contractor shall propose a schedule, which shall be discussed with the Property Manager and COTR. The final schedule shall be approved by the COTR prior to the commencement of the actual work.

All work shall be completed within 60 days of the Notice to Proceed. Liquidated damages in the amount of $130 per day shall be assessed for inexcusable delays beyond the contract completion date.

NO work on-site shall begin prior to the Notice to Proceed being issued in writing by the Contracting Officer.

Revised: January 2011

CONSTRUCTION CONTRACT CLAUSES

SIMPLIFIED ACQUISITION PROCEDURES

CATEGORY CLAUSE REFERENCE TITLE

GENERAL

1.1 FAR 52.202-1 Definitions (July 2004)

1.2 FAR 52.204-7 Central Contractor Registration (CCR) (April 2008)

1.3 FAR 52.233-3 Protest After Award (August 1996)

1.4 FAR 52.236-7 Permits and Responsibilities (November 1991)

1.5 FAR 52.236-8 Other Contracts (April 1984)

1.6 FAR 52.253-1 Computer Generated Forms (January 1991)

1.7 GSAR 552.211-72 Reference to Specifications in Drawings (February

1996)

1.8 GSAR 552.236-70 Definitions (April 1984)

1.9 GSAR 552.236-72 Specialist (April 1984)

1.10 GSAR 552.236-82 Subcontracts (April 1984)

1.11 GSAR 552.252-6 Authorized Deviations in Clauses (Deviations FAR

52.252-6) (September 1999)

BONDS AND INSURANCE

2.1 FAR 52.228-2 Additional Bond Security (October 1997)

2.2 FAR 52.228-5 Insurance—Work on a Government Installation

(January 1997)

2.3 FAR 52.228-11 Pledge of Assets (September 2009)

2.4 FAR 52.228-13 Alternative Payment Protections (July 2000)

2.5 FAR 52.228-14 Irrevocable Letter of Credit (December 1999)

SITE CONDITIONS

3.1 FAR 52.236-2 Differing Site Conditions (April 1984)

3.2 FAR 52.236-3 Site Investigation and Conditions Affecting the Work

(April 1984)

3.3 GSAR 552.236-76 Measurements (April 1984)

SPECIFICATIONS AND DRAWING

4.1 FAR 52.236-21 Specifications and Drawings for Construction

(February 1997)

PERFORMANCE

5.1 FAR 52.236-1 Performance of Work by Contractor (April 1984)

5.2 FAR 52.236-5 Material and Workmanship (April 1984)

5.3 FAR 52.236-6 Superintendence by the Contractor (April 1984)

5.4 FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (April 1984)

5.5 FAR 52.236-10 Operations and Storage Areas (April 1984)

5.6 FAR 52.236-12 Cleaning Up (April 1984)

5.7 FAR 52.236-13 Accident Prevention (November 1991)

5.8 FAR 52.236-14 Availability and Use of Utility Services (April 1984)

5.9 FAR 52.236-17 Layout of Work (April 1984)

5.10 FAR 52.236-26 Preconstruction Conference (February 1995)

5.11 GSAR 552.236-75 Use of Premises (April 1984)

5.12 GSAR 552.236-79 Samples (April 1984)

5.13 GSAR 552.236-80 Heat (April 1984)

USE AND POSSESSION

6.1 FAR 52.236-11 Use and Possession Prior to Completion (April 1984)

6.2 GSAR 552.236-81 Use of Equipment by the Government (April 1984)

INSPECTION

7.1 FAR 52.246-12 Inspection of Construction (August 1996)

7.2 GSAR 552.246-72 Final Inspection and Tests (September 1999)

WARRANTY AND GUARANTEES

8.1 FAR 52.246-21 Warranty of Construction (March 1994)

BUY AMERICAN AND TRADE AGREEMENTS

9.1 FAR 52.225-9 Buy American Act—Construction Materials

(September 2010)

9.2 FAR 52.233-4 Applicable Law for Breach of Contract Claim (October

2004)

EMPLOYMENT PRACTICES AND LABOR STANDARDS

10.1 FAR 52.222-1 Notice to the Government of Labor Disputes (February

1997)

10.2 FAR 52.222-3 Convict Labor (June 2003)

10.3 FAR 52.222-6 Davis-Bacon Act (July 2005)

10.4 FAR 52.222-7 Withholding of Funds February (1988)

10.5 FAR 52.222-8 Payrolls and Basic Records (June 2010)

10.6 FAR 52.222-9 Apprentices and Trainees (July 2005)

10.7 FAR 52.222-10 Compliance with Copeland Act Requirements

(February 1988))

10.8 FAR 52.222-11 Subcontracts (Labor Standards) (July 2005)

10.9 FAR 52.222-12 Contract Termination—Debarment (February 1988)

10.10 FAR 52.222-13 Compliance with Davis-Bacon and Related Act

Regulations (February 1988)

10.11 FAR 52.222-14 Disputes Concerning Labor Standards (February

1988)

10.12 FAR 52.222-15 Certification of Eligibility (February 1988)

10.13 FAR 52.222-21 Prohibition of Segregated Facilities (February 1999)

10.14 FAR 52.222-26 Equal Opportunity (March 2007)

10.15 FAR 52.222-27 Affirmative Action Compliance Requirements for

Construction (February 1999)

10.16 FAR 52.222-35 Equal Opportunity for Veterans (September 2010)

10.17 FAR 52.222-36 Affirmative Action for Workers with Disabilities

(October 2010)

10.18 FAR 52.222-37 Employment Reports Veterans (September 2010)

SUBCONTRACTING

11.1 FAR 52.209-6 Protecting the Government’s Interests when

Subcontracting (December 2010)

PAYMENT

12.1 FAR 52.232-5 Payments Under Fixed-Price Construction Contracts

(September 2002)

12.2 FAR 52.232-23 Assignment of Claims (January 1986)

12.3 FAR 52.232-27 Prompt Payment for Construction (October 2008)

12.4 FAR 52.232-33 Payment by Electronic Funds Transfer—Central

Contractor Registration (CCR) (October 2003)

STOP WORK AND TERMINATION

13.1 FAR 52.249-1 Termination for Convenience of the Government

(Fixed Price) (Short Form) (April 1984)

13.2 FAR 52.249-10 Default (Fixed Price Construction) (April 1984)

13.3 FAR 52.249-14 Excusable Delays (April 1984)

DISPUTES

14.1 FAR 52.233-1 Disputes (Alt I) (July 2002)

OTHER

15.1 FAR 52.223-2 Affirmative Procurement of Biobased Products Under

Service and Construction Contracts (December 2007)

15.2 FAR 52.223-5 Pollution Prevention and Right-to-Know Information

(August 2003)

15.3 FAR 52.223-15 Energy Efficiency in Energy-Consuming Products

(December 2007)

15.4 FAR 52.225-13 Restrictions on Certain Foreign Purchases (June

2008)

15.5 FAR 52.242-14 Suspension of Work (April 1984)

15.6 FAR 52.243-5 Changes and Changed Conditions (April 1984)

15.7 FAR 52.219-6 Notice of Total Small Business Set-Aside (June 2003)

15.8 FAR 52.219-28 Post Award Small Business Representation (April

2009)

15.9 FAR 52.204-9 Personal Identity Verification of Contractor Personnel

(September 2007)

15.10 FAR 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards (July 2010)

15.11 FAR 52.223-17 Affirmative Procurement of EPA-designated items in service and construction contracts (May 2008)

15.12 GSAR 552.229-70 Federal, State, and Local Taxes (April 1984)

15.13 FAR 52.213-4 Terms and Conditions (January 2011)

15.14 FAR 52.223-18 Contractor Policy to Ban Text Messaging While

Driving (September 2010)

DOCUMENT SECURITY FOR SENSITIVE BUT UNCLASSIFIED BUILDING INFORMATION

GENERAL

1.1 FAR 52.202-1 Definitions (July 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 (April 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 https://www.acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 https://www.acquisition.gov/far/current/html/FARTOCP31.html#wp253693 http://www.acqnet.gov/ https://www.acquisition.gov/far/current/html/Subpart%2032_11.html#wp1043964 http://fedgov.dnb.com/webform

(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 https://www.acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/far/current/html/Subpart%2032_8.html#wp1029202 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 FAR 52.233-3 Protest after Award (August 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 stop-page. 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 right 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 this 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.

(f) 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.

1.4 FAR 52.236-7 Permits and Responsibilities (November 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 http://www.ccr.gov/ https://www.acquisition.gov/far/current/html/Subpart%2033_1.html#wp1088681 https://www.acquisition.gov/far/current/html/Subpart%2033_1.html#wp1088695 https://www.acquisition.gov/far/current/html/Subpart%2033_1.html#wp1088695 https://www.acquisition.gov/far/current/html/Subpart%2033_1.html#wp1088735 https://www.acquisition.gov/far/current/html/Subpart%2032_6.html#wp1029702 acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

1.5 FAR 52.236-8 Other Contracts (April 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.

1.6 FAR 52.253-1 Computer Generated Forms (January 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.

1.7 GSAR 552.211-72 Reference to Specifications in Drawings (February 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.

1.8 GSAR 552.236-70 Definitions (April 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.

1.9 GSAR 552.236-72 Specialist (April 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.

1.10 GSAR 552.236-82 Subcontracts (April 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.

1.11 GSAR 552.252-6 Authorized Deviations in Clauses (September 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.

Bonds and Insurance

2.1 FAR 52.228-2 Additional Bond Security (October 1997)

The Contractor shall promptly furnish additional security required to protect the Government and persons supplying labor or materials under this contract if—

(a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government;

(b) Any surety fails to furnish reports on its financial condition as required by the Government;

(c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the…

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