Solicitation GS-07P-08-HH-D-0083.pdf

sbestos Abatement - Indefinite Quantity Contract PBS-7PMA Solicitation No. GS-07P-08-HH-D-0083 Greater Southwest Region

COVER PAGE

U.S. General Services Administration Greater Southwest Region

SOLICITATION NO.

GS-07P-08-HH-D-0083

ISSUE DATE:

MARCH 12, 2009

PROPOSALS DUE

April 14, 2009

THIS PROCUREMENT IS BEING MADE UNDER THE SMALL BUSINESS

COMPETITIVENESS DEMONSTRATION PROGRAM

SPECIFICATIONS AND BID FORMS

GSA MISSION STATEMENT: To provide policy leadership and expertly managed space, supplies, services, and solutions, at the best value, to enable Federal employees to accomplish their missions.

Asbestos Abatement - Indefinite Quantity Contract GSA-PBS-7PMA Solicitation No. GS-07P-08-HH-D-0083 Greater Southwest Region

TABLE OF CONTENTS - 1

GSA ASBESTOS IDIQ

TABLE OF CONTENTS

DIVISION 0

GENERAL INFORMATION

Section/Form Title

PROPOSAL SUBMISSION REQUIREMENTS

NOTICE CONCERNING SOLICITATION

OFFERORS EXTREMELY IMPORTANT

CONSTRUCTION CONTRACT CLAUSES TOC(FIXED PRICE)

00800 SUPPLEMENTARY CONDITIONS

DIVISION I

TERMS AND DEFINITIONS

SECTION 1 GENERAL REQUIREMENTS

1.1 OVERLAPPING AND CONFLICTING ASSIGNMENTS

1.2 MINIMUM QUALITY/QUANTITY

1.3 ASSIGNMENT OF SPECIALISTS

1.4 DRAWING SYMBOLS

1.5 INDUSTRY STANDARDS

SECTION 2 PROCEDURES AND CONTROLS

2.1 LIMITATIONS FOR USE OF SITE

2.2 TRADESPERSONS AND WORKMANSHIP STANDARDS

2.3 INSPECTIONS, TESTS AND REPORTS

2.4 GENERAL INSTALLATION PROVISIONS

2.5 CUTTING AND PATCHING

2.6 CLEANING AND PROTECTION

2.7 ENVIRONMENTAL PROTECTION

SECTION 3 FIRE PREVENTION PRECAUTIONS FOR HOT WORK

3.1 SAFETY PRECAUTIONS

3.2 NOTIFICATION

3.3 INSPECTION

3.4 COMBUSTIBLE MATERIAL

3.5 SAFETY MEASURES

SECTION 4 SCHEDULES AND REPORTS

4.1 COORDINATION

SECTION 5 SUBMITTALS

5.1 DESCRIPTION OF REQUIREMENTS

5.2 GENERAL SUBMITTAL REQUIREMENTS

5.3 SPECIFIC-CATEGORY SUBMITTAL REQUIREMENT

5.4 ACTION ON SUBMITTALS

SECTION 6 SECURITY

SECTION 7.0 - SAFETY AND HEALTH

7.1 APPLICABLE PUBLICATIONS

7.2 WORK COVERED BY THIS SECTION

7.3 QUALITY ASSURANCE

7.4 SUBMITTALS

7.5 STOP WORK ORDERS

7.6 PROTECTION

SECTION 8 PRODUCT REQUIREMENTS

Asbestos Abatement - Indefinite Quantity Contract GSA-PBS-7PMA Solicitation No. GS-07P-08-HH-D-0083 Greater Southwest Region

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8.1 General

8.2 QUALITY ASSURANCE

8.3 SUBMITTALS

8.4 PRODUCT DELIVERY STORAGE-HANDLING

8.5 WARRANTIES (GUARANTEES)

8.6 GENERAL PRODUCT COMPLIANCES

8.7 LABELS AND NAME PLATES

SECTION 9 MEASUREMENTS

9.1 STANDARD OF METHODS OF MEASUREMENT

9.2 PAINTING

9.3 PARTITION DEMOLITION OR INSTALLATION

9.4 SUSPENDED CEILING CONSTRUCTION

9.5 FLOOR COVERING, CARPET, TILES, ETC.

9.6 WALL COVERINGS

9.7 UNIT CONVERSIONS

SECTION 10 - PROJECT CLOSEOUT

10.1 DESCRIPTION OF REQUIREMENTS

10.2 PREREQUISITES TO SUBSTANTIAL COMPLETION

10.3 PREREQUISITES TO FINAL ACCEPTANCE

DIVISION II

SECTION 11 - ASBESTOS ABATEMENT PROCEDURES

11.1 General

11.2 QUALITY ASSURANCE

11.3 Asbestos Control Limits

11.4 REFERENCES

11.5 SUBMITTALS

11.6 Submit prior to commencing work on individual Delivery Orders.

11.7 Submit during the asbestos abatement project for each Individual Delivery Order.

11.8 CONTRACTOR RESPONSIBILITY

11.9 PROJECT/SITE CONDITIONS

11.10 Environmental Conditions to be Maintained

11.11 SEQUENCING/SCHEDULING

11.12 PERSONNEL PROTECTION AND PROCEDURES

11.13 ENCAPSULATING MATERIALS

11.14 WETTING MATERIALS

11.15 PRE-ASBESTOS REMOVAL PREPARATION

11.16 METHODS OF ASBESTOTS REMOVAL FOR OTHER THAN GLOVE BAG REMOVAL

11.17 GLOVE BAG METHOD OF ASBESTOS REMOVAL

11.18 FIELD OUALITY CONTROL (ALL WORK AREAS)

11.19 Stop Orders

11.20 CLEAN-UP AND DISPOSAL

11.21 DAMAGE REPAIR

11.22 INDUSTRIAL HYGIENIST

11.23 AIR MONITORING

11.24 Air Monitoring Sample Analysis Methods

11.25 Sampling Protocol

11.26 PROJECT RELATED FRIABLE ACM MATERIALS

11.27 APPENDICES TO SECTION 11

11.28 Printed Standard Operations Procedures

11.29 BULK SAMPLE ANALYSIS

APPENDIX A – I

SECTION 12 - SPRAYED-ON FIREPROOFING

12.1 Definitions

Asbestos Abatement - Indefinite Quantity Contract GSA-PBS-7PMA Solicitation No. GS-07P-08-HH-D-0083 Greater Southwest Region

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12.2 QUALITY ASSURANCE

12.3 SUBMITTALS

12.4 DELIVERY, STORAGE, HANDLING AND PROJECT CONDITIONS

12.5 SEQUENCING

12.6 WARRANTY

12.7 FIREPROOFING MATERIALS

12.8 AUXILIARY FIREPROOFING MATERIALS

12.9 INSPECTION

12.10 PREPARATION

12.11 INSTALLATION

12.12 FIELD QUALITY CONTROL

12.13 CLEANING, REPAIR AND PROTECTION

SECTION 13 - PLASTER REPAIRS

13.1 DESCRIPTION OF WORK

13.2 SUBMITTALS

13.3 QUALITY ASSURANCE

13.4 PRODUCT HANDLING

13.5 JOB CONDITIONS

13.6 MATERIALS

13.7 PREPARATION

13.8 FINISH COATS

13.9 CURING

13.10 CLEANUP

SECTION 14 - GYPSUM DRYWALL

14.1 QUALITY ASSURANCE

14.2 CEILING SUPPORT MATERIALS

14.3 WALL/PARTITION SUPPORT MATERIALS

14.4 DRYWALL MATERIALS

14.5 CEILING SUPPORT SUSPENSION SYSTEMS

14.6 WALL/PARTITION SUPPORT SYSTEM

14.7 DRYWALL INSTALLATION AND FINISHING

SECTION 15 - ACOUSTICAL CEILINGS

15.1 QUALITY ASSURANCE

15.2 SUBMITTALS

15.3 ACOUSTICAL CEILING PANELS

15.4 SUSPENSION SYSTEM

15.5 ACCESSORIES

15.6 INSTALLATION

SECTION 16 – SPRAYED-ON SOUNDPROOFING

16.1 QUALITY ASSURANCE

16.2 SUBMITTALS

16.3 PRODUCT DELIVERY, STORAGE AND HANDLING

16.4 WARRANTY

16.5 SPRAYED-ON SOUNDPROOFING

16.6 INSPECTION AND PREPARATION

16.7 INSTALLATION

16.8 CLEANING, PATCHING, PROTECTION

SECTION 17 – PAINTING

17.1 SECTION REQUIREMENTS

17.2 PAINT

17.3 APPLICATION

17.4 PREPARATION

17.5 APPLICATION

17.6 CLEANING

Asbestos Abatement - Indefinite Quantity Contract GSA-PBS-7PMA Solicitation No. GS-07P-08-HH-D-0083 Greater Southwest Region

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17.7 PROTECTION

17.8 EXTERIOR PAINT APPLICATION SCHEDULE

17.9 INTERIOR PAINT APPLICATION SCHEDULE

SECTION 18 - MECHANICAL RELATED WORK

18.1 Painting of Mechanical Work

18.2 QUALITY ASSURANCE

18.3 PROJECT CONDITIONS

18.4 GENERAL PAINTING PRODUCT REQUIREMENTS

18.5 INTERIOR PAINT SYSTEMS

18.6 SURFACE PREPARATION FOR PAINTING

18.7 PAINT SYSTEM APPLICATION

18.8 CLEAN-UP AND PROTECTION, PAINTING

SECTION 19 - MECHANICAL IDENTIFICATION

19.1 General

19.2 QUALITY ASSURANCE

19.3 MECHANICAL INDENTIFICATION MATERIALS

19.4 PAINTED IDENTIFICATION MATERIALS

19.5 PLASTIC PIPE MARKERS

19.6 PLASTIC TAPE

19.7 PLASTIC EQUIPMENT MARKERS

19.8 LETTERING AND GRAPHICS

19.9 GENERAL INSTALLATION REQUIREMENTS

19.10 PIPING SYSTEM IDENTIFICATION

19.11 MECHANICAL EQUIPMENT IDENTIFICATION

19.12 ADJUSTING AND CLEANING

19.13 EXTRA STOCK

19.14 COLOR AND IDENTIFICATION SCHEDULE

SECTION 20 - MECHANICAL INSULATION

20.1 DESCRIPTION

20.2 QUALITY ASSURANCE

20.3 SUBMITTALS

20.4 DELIVERY, STORAGE AND HANDLING

20.5 INSULATION MATERIALS

20.6 Equipment Insulation Accessories

20.7 INSPECTION

20.8 INSULATION

20.9 INSTALLATION OF PIPING INSULATION

20.10 INSTALLATION OF DUCTWORK INSULATION

20.11 INSTALLATION OF EQUIPMENT INSULATION

20.12 PROTECTION AND REPLACEMENT

20.13 MECHANICAL IDENTIFICATION

DIVISION III

SECTION 21 LEAD-BASED PAINT ABATEMENT SPECIFICATIONS

21.1 INTRODUCTION

21.2 CODES AND REGULATIONS

21.3 MONITORING, INSPECTION, AND TESTING

21.4 WORK AREA CONTAINMENT

SECTION 22 CONTAINMENT BARRIERS AND COVERING OF WORK AREAS

22.1 INTRODUCTION

SECTION 23 WORK AREA CONTAINMENT

23.1 General

SECTION 24 - HEPA FILTERED VENTILATION SYSTEMS

24.1 Submittals

Asbestos Abatement - Indefinite Quantity Contract GSA-PBS-7PMA Solicitation No. GS-07P-08-HH-D-0083 Greater Southwest Region

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24.2 Quality Assurance

24.3 Materials

24.4 HEPA Filtered Ventilation Systems

24.5 Equipment

24.6 Submittals for Product Data

24.7 Quality Assurance

24.8 Certification

24.9 Medical Examinations

SECTION 25 - Emergency Plan and Precautions

25.1 Emergency Plan

25.2 Protective Clothing

25.3 Respirators

SECTION 26 - PERSONAL PROTECTIVE EQUIPMENT

26.1 General

26.2 Work Clothes

26.3 Boot and Boot Covers

26.4 Other Protective Equipment

26.5 Exiting the Work Area

26.6 Other Protective Equipment

SECTION 27.0 - RESPIRATORY PROTECTION

27.1 GENERAL

27.2 Quality Assurance

27.3 Written Respiratory Protection Program

27.7 Respiratory Protection Program Evaluation

SECTION 28 – DECONTAMINATION

28.1 Four primary areas

28.2 Materials

28.3 Equipment

SECTION 29 - DECONTAMINATION PROCEDURES

29.1 Decontamination Facility and Load Out Area

29.2 Personnel Decontamination

29.6 Decontamination for Equipment, Tools, Bagged or Containerized Waste

29.7 Floor surfaces

SECTION 30 - REMOVAL OF LEAD CONTAINING MATERIALS

30.1 Abatement Procedure

SECTION 31 - SUBSTRATES/COMPONENTS REMOVAL

31.1 Approved Materials

31.2 General Removal Procedures

31.3 Door Removal

31.4 Shelving Removal

31.5 Cabinet Removal

31.6 Wall Removal

31.7 Ceiling Molding Removal

31.8 Wooden Door Frame and Trim Removal

31.9 Metal Door Frame and Trim Removal

SECTION 32 - DISPOSAL OF WASTE MATERIALS

32.1 Familiarity and Responsibility for Regulations

32.2 Disposal Handling, Storage, Transport and Costs

32.3 Submittals

32.4 Quality Assurance

SECTION 33 - DELIVERY, STORAGE, AND HANDLING

33.1 Products

SECTION 34 - DISPOSAL OF WASTE MATERIALS

34.1 General

Asbestos Abatement - Indefinite Quantity Contract GSA-PBS-7PMA Solicitation No. GS-07P-08-HH-D-0083 Greater Southwest Region

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34.2 Disposal Requirements

34.3 EPA ID Numbers

34.4 Hazardous Waste Characterization

34.5 Testing of Materials

34.6 Storage, Inspection and Record Keeping Requirements

SECTION 35 - REGULATIONS

SECTION 36 - TRANSPORTATION

36.1 Certification

36.2 Waste Containers

37.0 EMERGENCIES

37.1 Tasks in the event of an emergency

SECTION 38 - DISPOSAL PACKAGING

38.1 General

38.2 Contaminated Debris

38.3 Polyethylene Sheeting

38.4 Caustic debris

SECTION 39 - WASTE REMOVAL

39.1 Waste removal tasks - project site

SECTION 40 - ENCAPSULATION

40.1 General

SECTION 41 - REFERENCES

41.1 ASTM

41.2 Submittals of Product Data

41.3 Quality Assurance

41.4 Materials

SECTION 42 - EXISTING SURFACE CONDITIONING

42.1 General

42.2 Correction of Existing Lead-Based Paint Conditions

42.3 Application of Encapsulant

42.4 Cleanup

SECTION 43 - PHYSICAL REMOVAL OF LEAD-BASED PAINT

43.1 General

43.2 Materials

43.3 Equipment

43.4 Additional worker protection

SECTION 44 - CHEMICAL PAINT REMOVAL

44.1 General

44.2 Application

SECTION 45 - EQUIPMENT USED FOR LEAD-BASED PAINT REMOVAL

45.1 General

45.2 Heat gun (flameless)

45.3 Mechanical Abrasion

45.4 Cleanup

45.5 Chemical Removers Used

DIVISION IV

SECTION 46 - MOLD REMEDIATION SPECIFICATIONS

46.1 INTRODUCTION

46.2 PERSONNEL REQUIREMENTS

46.3 CONTRACTOR SUBMITTALS

46.4 PRE-SETUP

46.5 CONTAINMENT CONSTRUCTION

46.6 REMOVAL

46.7 CLEAN UP OF CONCRETE BLOCK WALL

Asbestos Abatement - Indefinite Quantity Contract GSA-PBS-7PMA Solicitation No. GS-07P-08-HH-D-0083 Greater Southwest Region

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46.8 WASTE DISPOSAL

46.9. CLEAN-UP OF CONTAINMENT

46.10 PERSONAL PROTECTIVE EQUIPMENT

46.11 PROJECT MONITORING

46.12 FINAL PROJECT CLEARANCE CRITERIA

DIVISION V

BIDDING DOCUMENTS

Section Specification Title

STANDARD FORM 1442 – SOLICITATION, OFFER,

AND AWARD AND ATTACHMENTS

GOVERNMENT FURNISHED LINE ITEMS

UNIT PRICE SCHEDULE NOTES AND DRAWINGS

00120 SUPPLEMENTARY INSTRUCTIONS

01010 SUMMARY OF WORK

EVALUATION AND AWARD

DOCUMENT SECURITY

HISTORICAL DATA

STANDARD FORM 24 BID BOND

MINORITY PARTICIPATION GOALS

GSA GEOGRAPHIC SERVICE CENTER

END OF TABLE OF CONTENTS

Asbestos Abatement - Indefinite Quantity Contract GSA-PBS-7PMA Solicitation No. GS-07P-08-HH-D-0083 Greater Southwest Region

DIVISION 0 PROPOSAL SUBMISSION REQUIREMENTS - 1

PROPOSAL SUBMISSION REQUIREMENTS.

1. GENERAL

1.1 PURPOSE: These instructions provide guidance for preparation and submission of proposals and establish format and specific content of each proposal to assure its completeness and suitability for evaluation purposes.

To aid in evaluation of proposals, each proposal shall be clearly and concisely prepared in writing (telephonic, telefax, and telegraphic offers will not be accepted). Each proposal shall include all information required by this solicitation, with pages numbered and logically assembled. Each proposal shall identify name of offeror, date of submission and solicitation number.

1.2 SUBMITTAL INSTRUCTIONS:

1.2.1 Proposals should be submitted as follows:

Sent by U.S. Mail, Courier or other to:

General Services Administration Attn: Angela Long, (7PMA) 819 Taylor Street – Room 12B1 Fort Worth, TX 76102

1.2.2. Price Proposals shall consist of three completed SF 1442's, which includes percentage factors in a sealed envelope (and separate from the technical responses), marked “PRICE PROPOSAL RFP GS-07P-08-HH-D-0083”. All three copies shall have original signatures.

One completed Representations and Certifications. All items are to be signed by an authorized representative of the offeror.

1.2.3. An Offer Guarantee in the amount of $200,000 will be required from all offerors.

Use Standard Form 24 for this requirement.

1.3 ADDITIONAL INSTRUCTIONS:

1.3.1 Offerors are advised that hand carried proposals must be complete and must be received at the place designated in this RFP before the time and date set for receipt of proposals. Hand carried as well as mailed proposals are subject to the provision in this RFP entitled, “Late Submissions, Modifications, and Withdrawals of Proposals.”

1.3.2. PROPOSAL PREPARATION COST - This RFP does not commit the Government to pay any costs incurred in the preparation and submission of any proposals. It does not commit the Government to procure or contract for said services. The Contracting Officer is the only individual who can commit the Government to the expenditure of public funds in connection with this proposed procurement.

1.3.3 For this negotiated, source selection procurement, there will be no public opening of proposals. The Government will keep the content of all proposals confidential until an award is made. Since the possibility of requests for final proposal revisions exists, offerors and their subcontractors are advised to keep their offers confidential until award is made.

Asbestos Abatement - Indefinite Quantity Contract PBS-7PMA

DIVISION 0 – NOTICE CONCERNCING SOLICITATION - 1

NOTICE CONCERNING SOLICITATION

Indefinite Quantity Contract for Asbestos Abatement, Greater Southwest Region, (Arkansas, Louisiana, Oklahoma, New Mexico, and Texas)

This solicitation is an Indefinite Quantity Contract for Asbestos Abatement in Government-owned, GSA controlled or leased buildings in various counties/parishes within the Greater Southwest Region. The successful firm will be required to support all locations within the Greater Southwest Region and have the capability to perform work at several sites simultaneously and to handle large projects. More than one project may be in progress at any one given time or location during the term of the contract. The successful firm shall have the capability to respond rapidly on an emergency as-needed basis for the Greater Southwest Region.

REFERENCE: Section 00800 – Supplementary Conditions

3.03. FAR 52.236-1 – PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

(a) The Contractor shall perform on the site, and with its own organization, work equivalent to at least 75 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to the contract if, during performance of the work, the Contracting Officer determines that the reduction would be to the advantage of the Government.

This Solicitation is a Set-Aside for Service Disabled Veteran Owned Small Business

(SDVOSB).

PRE-PROPOSAL CONFERENCE

Thursday, March 26, 2009 1:00 p.m. CST

A conference number will be available as well 866-762-5633 Password: 8424612 Please contact Angela Long for details at (817) 978-4447.

ALTERNATIVE DISPUTE RESOLUTION

The use of alternative dispute resolution (ADR) procedures is authorized by this solicitation/contract. ADR is defined as any procedure that is used in lieu of an adjunction to resolve issues in controversy including, but not limited to, settlement negotiations, mediation, mini-trials, arbitration or any combination thereof. The Contracting Officer is committed to using ADR before issuing a final decision to expeditiously and cost-effectively resolve claims or issues in controversy which may arise during the course of the contract. Participation in ADR is

Asbestos Abatement - Indefinite Quantity Contract PBS-7PMA

DIVISION 0 – NOTICE CONCERNCING SOLICITATION - 2

voluntary; however, if the Contractor refuses an offer of ADR, the contractor shall inform the Contracting Officer, in writing, or the specific reasons for rejecting the request.

If the Contractor agrees to the use of ADR, the contracting Officer and Contractor shall mutually and consensually arrive at an agreement of the type of ADR procedure to be used, the potential neutrals to be used, how costs are to be allocated, a tentative schedule, confidentiality provisions, and any other terms that may be appropriate.

Asbestos Abatement - Indefinite Quantity Contract GSA-PBS-7PMA

DIVISION 0 OFFERORS EXTREMELY IMPORTANT - 1

OFFERORS - EXTREMELY IMPORTANT

SUBMITTING A PROPOSAL

To submit a proposal you must:

a. Submit a price proposal and a technical proposal in separately sealed and identified envelopes.

b. The price proposal must contain:

- 3 originals of Standard Form 1442, “Solicitation, Offer and Award”

- 1 completed copy of the Representations & Certifications form

- 1 completed copy of the Document Security Order and Certification

- Bid Bond in the amount of $200,000.00; use Standard Form 24

c. The Technical proposal must be submitted in an original and two copies.

The entire solicitation and any and all amendments apply to the base contract and any and all options exercised.

OFFERORS MUST BE REGISTERED IN THE CONTRACTOR CENTRAL

REGISTRATION (CCR) DATABASE TO BE ELIGIBLE FOR AWARD. REGISTRATION

SHOULD BE ACCOMPLISHED PRIOR TO SUBMITTING A PROPOSAL.

REGISTRATION IS MANDATORY PRIOR TO RECEIPT OF AN AWARD.

ACKNOWLEDGMENT OF AMENDMENTS: Refer to Block 19 on the SF1442, Solicitation, Offer and Award.

LATE PROPOSALS: Proposals must be received by 3:30 p.m., CST, on the date and place identified in Part I of this solicitation. Late proposals will be handled in accordance with FAR 52.215-1.

QUESTIONS All questions concerning this solicitation shall be directed to the Contracting Officer in writing. The Government may choose not to act upon offeror’s questions received within 10 calendar days from the proposal submission date.

PARTNERING

What Is Partnering?

Partnering is a formal management process in which all parties to a project voluntarily agree at the outset to adopt a cooperative, team-based approach to project development and problem resolution to eliminate -- or at least reduce -- conflicts, litigation, and claims.

While partnering can be applied to any working relationship, it has become a common practice on large construction projects both within and outside of government. Agencies or owners, architect-engineers, construction managers, building contractors, and subcontractors all have their own priorities -- providing a potential breeding ground for conflict. Partnering helps avoid unproductive 'positioning' by generating an environment of cooperation and trust.

Asbestos Abatement - Indefinite Quantity Contract GSA-PBS-7PMA

DIVISION 0 OFFERORS EXTREMELY IMPORTANT - 2

The Public Buildings Service (PBS) of the U.S. General Services Administration (GSA) has adopted partnering as a standard business practice for its nationwide design and construction program. Partnering has been of proven benefit to PBS in improving the quality, cost effectiveness, and timeliness of projects in the program.

PBS began to apply partnering to all new construction and modernization projects with a value of more than million in January 1994. Partnering is encouraged on smaller projects as well, especially if they are complex or controversial.

How Partnering Works PBS solicitations for major design and construction contracts indicate intent to include partnering in the projects. PBS actively seeks contractor commitment after contract award through personal or written contact.

The 'partners' include all stakeholders -- that is anyone who can impact the project. The first step is formation of a 'partnering team' whose members represent all the groups involved in the phase of the project at hand. Team membership evolves with the project, with some members dropping out and new ones coming on board.

A facilitator provides the 'glue' that holds the process together and keeps it on track. With skills in team building and group dynamics and no vested interest in the decisions reached by the other team members, the facilitator keeps the focus on maintaining a cooperative working relationship. The facilitator may be an individual or a group and is hired by the partnering team. Funding for partnering is generally agreed upon and shared by PBS and the consultants or contractors, with no changes in contract prices.

The partnering team meets for an initial workshop or conference to define common goals and objectives, identify criteria for evaluating progress and performance, and agree on mechanisms for resolving disputes and promoting cooperation. The team members develop and sign a formal partnering agreement to define their common goals and serve as a reminder of their commitment.

Follow-up workshops are held periodically for the duration of the project, as agreed upon by PBS and the participating contractors.

The Feedback Participants in nearly every PBS partnered project report lower stress levels than in non-partnered projects, as old adversarial attitudes break down and are replaced by a sense of mutual accountability and trust. Other management processes, such as value engineering, have been enhanced because of the cooperative environment. Studies by other federal agencies and by State groups show that partnering fosters improved safety, reduced construction time, and greater value engineering savings.

The PBS partnering program is administered by the Office of Chief Architect. Partnering is part of GSA's Construction Excellence Program, designed to provide taxpayers with outstanding and cost-effective federal buildings.

For details on partnering in federal design and construction projects, contact the PBS regional office in your geographic area.

Asbestos Abatement - Indefinite Quantity Contract GSA-PBS-7PMA Solicitation No. GS-07P-08-HH-D-0083 Greater Southwest Region

DIVISION 0 – CONTRUCTION TOC - 1

CONSTRUCTION CONTRACT CLAUSES (FIXED PRICE)

(Updated Through 02/05/2008 for FAC 2005-23 and GSAM Change 16)

1. FAR 52.252.2 Clauses Incorporated by Reference (02-98) This contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet.gov/far/ and www.arnet.gov/GSAM/gsam.html.

The following clauses are incorporated by reference:

CATEGORY REFERENCE CLAUSE NO. AND TITLE

GENERAL FAR 52.202-1 2. Definitions (07-04) GSAR 552.236-70 3. Definitions (04-84) GSAR 552.236-71 4. Authorities and Limitations (04-84) GSAR 552.203-71 5. Restriction on Advertising (09-99) GSAR 552.252-6 6. Authorized Deviations in Clauses (Deviation FAR 52.252-6) (09-99) GSAR 552.236-72 7. Specialist (04-84) GSAR 552.236-82 8. Subcontracts (04-84) GSAR 552.211-71 9. Standard References (09-99) FAR 52.236-8 10. Other Contracts (04-84) FAR 52.225-14 11. Inconsistency Between English Version and Translation of Contract (02-00) FAR 52.236-7 12. Permits and Responsibilities (11-91) FAR 52.253-1 13. Computer Generated Forms (01-91) FAR 52.204-4 14. Printed or Copied Double sided on Recycled Paper (08-00) FAR 52.214-34 15. Submission of Offers in the English Language (04-91) FAR 52.214-35 16. Submission of Offers in U.S. Currency (04-91) FAR 52.204-7 17. Central Contractor Registration (07-06)

STANDARDS OF FAR 52.203-3 18. Gratuities (04-84) CONDUCT FAR 52.203-5 19. Covenant Against Contingent Fees (04-84) FAR 52.203-7 20. Anti-Kickback Procedures (07-95)

FAR 52.203-8 21.

Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (01-97)

FAR 52.203-10 22. Price or Fee Adjustment for Illegal or Improper Activity (01-97) FAR 52.203-12 23. Limitation on Payments to Influence Certain Federal Transactions (09-07)

BONDS AND FAR 52.228-1 24. Bid Guarantee (09-96) INSURANCE FAR 52.228-2 25. Additional Bond Security (10-97) FAR 52.228-11 26. Pledges of Assets (02-92) FAR 52.228-12 27. Prospective Subcontractor Requests for Bonds (10-95) FAR 52.228-14 28. Irrevocable Letter of Credit (12-99) FAR 52.228-15 29. Performance and Payment Bonds - Construction (11-06) FAR 52.228-5 30. Insurance - Work on a Government Installation (01-97) GSAR 552.228-70 31. Workers' Compensation Laws (09-99)

SITE FAR 52.236-2 32. Differing Site Conditions (04-84) CONDITIONS FAR 52.236-3 33. Site Investigations and Conditions Affecting the Work (04-84) GSAR 552.236-76 34. Measurements (04-84)

SPECIFICATIONS FAR 52.236-21 35. Specifications and Drawings for Construction (2-97) Alt 1 (04-84) AND DRAWINGS GSAR 552.236-77 36. Specifications and Drawings (09-99)

DIVISION 0 – CONTRUCTION TOC - 2

GSAR 552.236-78 37. Shop Drawings, Coordination Drawings, and Schedules (09-99) FAR 52.236-28 38. Preparation of Proposals—Construction (OCT 1997) SCHEDULES FAR 52.236-15 39. Schedules for Construction Contracts (04-84)

PERFORMANCE FAR 52.236-26 40. Pre-Construction Conference (02-95) FAR 52.236-6 41. Superintendence by the Contractor (04-84) FAR 52.236-5 42. Material and Workmanship (04-84) GSAR 552.236-79 43. Samples (04-84) FAR 52.236-17 44. Layout of Work (04-84) FAR 52.236-14 45. Availability and Use of Utility Services (04-84) GSAR 552.236-75 46. Use of Premises (04-84) FAR 52.236-10 47. Operations and Storage Areas (04-84) GSAR 552.236-80 48. Heat (04-84) GSAR 552.236-74 49. Working Hours (04-84)

FAR 52.236-9 50.

Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements (04-84)

FAR 52.236-13 51. Accident Prevention (11-91) -or- Accident Prevention (11-91) Alt I (11-91) (Projects over 1 year in duration or involving hazardous materials) FAR 52.236-12 52. Cleaning Up (04-84) FAR 52.211-10 53. Commencement, Prosecution, and Completion of Work (Apr 1984) USE AND FAR 52.236-11 54. Use and Possession Prior to Completion (04-84) POSSESSION GSAR 552.236-81 55. Use of Equipment by the Government (04-84)

INSPECTION FAR 52.246-12 56. Inspection of Construction (08-96) GSAR 552.246-72 57. Final Inspection and Tests (09-99)

WARRANTY AND FAR 52.246-21 58. Warranty of Construction (3-94) Alt 1 (04-84) GUARANTEES GSAR 552.246-75 59. Guarantees (05-89)

BUY AMERICAN FAR 52.225-9 60. Buy American Act: Construction Materials (01-05) (under $6,481,000) FAR 52.225-11 61. Buy American Act: Construction Materials Under Trade Agreements (08-07) (fill-in) and (>/=$6,725,000) (use Alt 1 if valued at >/= $6,725,000 but < $7,611,532) FAR 52.225-13 62. Restrictions on Certain Foreign Purchases (02-06) FAR 52.247-63 63. Preference for U.S. - Flag Air Carriers (06-03) FAR 52.247-64 64. Preference for Privately Owned U.S. - Flag Commercial Vessels (02-06)

ENVIRONMENTAL FAR 52.223-5 65. Pollution Prevention and Right-to-Know Information (08-03) PROTECTION FAR 52.223-6 66. Drug-Free Workplace (05-01) FAR 52.223-9 67. Estimate of Percentage of Recovered Material Content for EPA Designated Items (08-00) Alt I (08-00) FAR 52.223-11 68. Ozone-Depleting Substances (05-01) FAR 52.223-12 69. Refrigeration Equipment and Air Conditioners (05-95) FAR 52.223-14 70. Toxic Chemical Release Reporting (08-03) FAR 52.223-13 71. Certification of Toxic Chemical Release Reporting EMPLOYMENT FAR 52.222-1 72. Notice to the Government of Labor Disputes (02-97) PRACTICES AND FAR 52.222-3 73. Convict Labor (06-03) LABOR FAR 52.222-4 74. Contract Work Hours and Safety Standards Act - Overtime Compensation (07-05) STANDARDS FAR 52.222-6 75. Davis-Bacon Act (07-05) FAR 52.222-7 76. Withholding of Funds (02-88) FAR 52.222-8 77. Payroll and Basic Records (02-88) FAR 52.222-9 78. Apprentices and Trainees (07-05) FAR 52.222-10 79. Compliance with Copeland Act Requirements (02-88) FAR 52.222-11 80. Subcontracts (Labor Standards) (07-05)

DIVISION 0 – CONTRUCTION TOC - 3

FAR 52.222-12 81. Contract Termination - Debarment (02-88) FAR 52.222-13 82. Compliance with Davis-Bacon and Related Act Regulations (02-88) FAR 52.222-14 83. Disputes Concerning Labor Standards (02-88) FAR 52.222-15 84. Certification of Eligibility (02-88) FAR 52.222-21 85. Prohibition of Segregated Facilities (02-99) FAR 52.222-26 86. Equal Opportunity (03-07) FAR 52.222-27 87. Affirmative Action Compliance Requirements for Construction (02-99)

FAR 52.222-35 88.

Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (09-06)

FAR 52.222-36 89. Affirmative Action for Workers with Disabilities (06-98) FAR 52.222-37 90. Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (09-06) FAR 52.222-39 91. Notification of Employee Rights Concerning Payment of Union Dues or Fees (12-04)

FAR 52.222-30 92.

Davis-Bacon Act—Price Adjustment (None or Separately Specified Method) (DEC 2001)

SUBCONTRACTING FAR 52.209-6 93. Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (09-06) FAR 52.219-8 94. Utilization of Small Business Concerns (05-04) FAR 52.219-9 95. Small Business Subcontracting Plan (11-07) Alt II (10-01) (Negotiation) or Alt I (10-01) (Sealed Bidding) FAR 52.219-16 96. Liquidated Damages --Subcontracting (01-99) FAR 52.244-2 97. Subcontracts (06-07) FAR 52.244-6 98. Subcontracts for Commercial Items (03-07)

PATENTS, DATA, FAR 52.227-1 99. Authorization and Consent (12-07) AND COPYRIGHTS FAR 52.227-2 100. Notice and Assistance Regarding Patent and Copyright Infringement (12-07) FAR 52.227-4 101. Patent Indemnity --Construction Contracts (12-07)

TAXES FAR 52.229-3 102. Federal, State, and Local Taxes (04-03)

ADJUSTMENTS FAR 52.243-4 103. Changes (06-07) GSAR 552.243-71 104. Equitable Adjustments (04-84) GSAR 552.243-70 105. Pricing of Adjustments (04-89)

AUDITS FAR 52.214-26 106. Audit and Records -- Sealed Bidding (10-97) FAR 52.214-27 107. Price Reduction for Defective Cost or Pricing Data - Modifications -- Sealed Bidding (10-97) [applicable to modifications equal to or exceeding $500,000 and no exception applies]

(Clauses 104 through 110 apply to negotiated procurements/awards.)

FAR 52.214-28 108. Subcontractor Cost or Pricing Data - Modifications - Sealed Bidding (10-97) [applicable to modifications equal to or exceeding $500,000 and no exception applies] FAR 52.215-2 109. Audit and Records - Negotiation (06-99) FAR 52.215-10 110. Price Reduction for Defective Cost or Pricing Data -Modifications (10-97) [applicable to modifications equal to or exceeding $500,000 and no exception applies] FAR 52.215-13 111. Subcontractor Cost or Pricing Data – Modifications (10-97) [applicable to modifications equal to or exceeding $500,000 and no exception applies] GSAR 552.215-70 112. Examination of Records by GSA (02-96) FAR 52.215-15 113. Pension Adjustments and Asset Reversions (10-04) FAR 52.215-18 114. Reversion or Adjustment of Plans for Post-Retirement Benefits

DIVISION 0 – CONTRUCTION TOC - 4

Other than Pensions (07-05) FAR 52.215-21 115. Requirements For Cost or Pricing Data or Information other than Cost or Pricing Data—Modifications (10-97)

PAYMENT FAR 52.232-5 116. Payments under Fixed- Price Construction Contracts (09-02) FAR 52.232-27 117. Prompt Payment for Construction Contracts (09-05) FAR 52.232-17 118. Interest (06-96) FAR 52.232-23 119. Assignment of Claims (01-86) FAR 52.232-33 120. Payment by Electronic Funds Transfer-Central Contractor Registration (10-03) FAR 52.242-13 121. Bankruptcy (07-95) FAR 52.243-6 122. Change Order Accounting (04-84)

STOP WORK/ FAR 52.242-14 123. Suspension of Work (4-84) TERMINATION GSAR 552.211-84 124. Non-compliance with Contract Requirements (02-96) FAR 52.249-2 125. Termination for Convenience of the Government (Fixed-Price) (05-04)

Alt I (09-96) FAR 52.249-10 126. Default (Fixed-Price Construction) (04-84)

VALUE FAR 52.248-3 127. Value Engineering - Construction (09-06) Alt I (04-84)

ENGINEERING

DISPUTES FAR 52.233-1 128. Disputes (07-02) Alt I (12-91) FAR 52.233-4 129. Applicable Law for Breach of Contract Claim (10-04)

PROTESTS FAR 52.233-3 130. Protest after Award (08-96)

DIVISION 0 – CONTRUCTION TOC - 5

Note: The following clauses are incorporated in full text because they contain approved Deviations to Federal Acquisition Regulation (FAR) language; contain information specific to the GSA Greater Southwest Region procurements; or are otherwise unsuitable for incorporation by reference.

131. INSURANCE REQUIREMENTS

In accordance with clause no. 29, FAR 52.228-5, the following kinds and minimum amounts of insurance are required:

1. Worker's Compensation and Employer's Liability:

A. The Contractor is required to comply with applicable Federal and State worker's compensation and occupational disease statutes; however, notwithstanding the permissibility of deductibles under those statutes, worker's compensation shall be obtained without any deductibles. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy. Employer's liability coverage of at least the following limits (and without a deductible) shall be provided, Bodily Injury by Accident - $100,000 each accident Bodily Injury by Disease - $500,000 policy limit Bodily Injury by Disease - $100,000 each employee except in states with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

B. Even though the laws of a State (such as Texas) might allow a contractor to be a non-subscriber to worker's compensation, contractor is required to carry and maintain worker's compensation insurance (without any deductibles) and employer's liability insurance. If occupational diseases are not covered under the worker's compensation policy, it shall be covered under the employer's liability section of the insurance policy.

Employer's liability insurance coverage shall be as specified in A above.

2. General Liability Insurance:

General liability insurance coverage written on the comprehensive form of policy, is required in the amount of $500,000.00 per occurrence for bodily injury, and $50,000 per occurrence for property damage. The deductibles under such policy shall not be greater than (i) $10,000 per person or $25,000 per occurrence for bodily injury or (ii) $10,000 for property damage

3. Automobile Liability Insurance:

A minimum of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage provided for automobile liability insurance coverage written on the comprehensive form of policy, covering the operation of all automobiles used in connection with performing the contract is required. The deductibles under such policy shall not be greater than (i) $10,000 per person or $25,000 per occurrence for bodily injury or (ii) $2,000 for property damage.

1328. FAR 52.219-23 NOTICE OF PRICE EVALUATION ADJUSTMENT FOR SMALL DISADVANTAGED BUSINESS CONCERNS (SEP 2005) (ALTERNATE II) (OCT 1998) (Applicable if full and open competitive procurement procedures are used and PEA to be applied as determined by the Department of Commerce. This clause does not apply to small business set-asides or 8(a) procurements.)

(a) Definitions. As used in this clause— “Small disadvantaged business concern” means an offeror that represents, as part of its offer, that it is a small business under the size standard applicable to this acquisition; and either—

(1) It has received certification by the Small Business Administration as a small disadvantaged business concern consistent with 13 CFR Part 124, subpart B; and

(i) No material change in disadvantaged ownership and control has occurred since its certification;

(ii) Where the concern is owned by one or more disadvantaged individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(iii) It is identified, on the date of its representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net).

(2) It has submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR Part 124, subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

In this case, in order to receive the benefit of a price evaluation adjustment, an offeror must receive certification as a small disadvantaged business concern by the Small Business Administration prior to contract award; or

(3) Is a joint venture as defined in 13 CFR 124.1002(f).

DIVISION 0 – CONTRUCTION TOC - 6

“Historically black college or university” means an institution determined by the Secretary of Education to meet the requirements of 34 CFR 608.2. For the Department of Defense (DoD), the National Aeronautics and Space Administration (NASA), and the Coast Guard, the term also includes any nonprofit research institution that was an integral part of such a college or university before November 14, 1986.

“Minority institution” means an institution of higher education meeting the requirements of Section 1046(3) of the Higher Education Act of 1965 (20 U.S.C. 1067k, including a Hispanic-serving institution of higher education, as defined in Section 316(b)(1) of the Act (20 U.S.C. 1101a)).

(b) Evaluation adjustment.

(1) The Contracting Officer will evaluate offers by adding a factor of ____ [Contracting Officer insert the percentage] percent to the price of all offers, except—

(i) Offers from small disadvantaged business concerns, that have not waived the adjustment, whose address is in a region for which an evaluation adjustment is authorized; and

(ii) An otherwise successful offer from a historically black college or university or minority institution.

(2) The Contracting Officer will apply the factor to a line item or a group of line items on which award may be made. The Contracting Officer will apply other evaluation factors described in the solicitation before application of the factor. The factor may not be applied if using the adjustment would cause the contract award to be made at a price that exceeds the fair market price by more than the factor in paragraph (b)(1) of this clause.

(c) Waiver of evaluation adjustment. A small disadvantaged business concern may elect to waive the adjustment, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply to offers that waive the adjustment.

Offeror elects to waive the adjustment.

(d) Agreements.

(1) A small disadvantaged business concern, that did not waive the adjustment, agrees that in performance of the contract, in the case of a contract for—

(i) Services, except construction, at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern;

(ii) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern;

(iii) General construction, at least 15 percent of the cost of the contract, excluding the cost of materials, will be performed by employees of the concern; or

(iv) Construction by special trade contractors, at least 25 percent of the cost of the contract, excluding the cost of materials, will be performed by employees of the concern.

(2) A small disadvantaged business concern submitting an offer in its own name shall furnish in performing this contract only end items manufactured or produced by small disadvantaged business concerns in the United States or its outlying areas.

This paragraph does not apply to construction or service contracts.

133. FAR 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JUL 2005) (Applicable if full and open competition procurement procedures are used (e.g., not set-aside) and contract is expected to exceed $100,000.)

(a) Definition. “HUBZone small business concern,” as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made.

Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror’s base offer. These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference.

Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for—

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(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other HUBZone small business concerns.

(e) A HUBZone joint venture agrees that in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the HUBZone small business participant or participants.

(f) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.

134. FAR 52.219-25 SMALL DISADVANTAGED BUSINESS PARTICIPATION PROGRAM – DISADVANTAGED STATUS

REPORTING (OCT 1999)

(a) Disadvantaged status for joint venture partners, team members, and subcontractors. This clause addresses disadvantaged status for joint venture partners, teaming arrangement members, and subcontractors and is applicable if this contract contains small disadvantaged business (SDB) participation targets. The Contractor shall obtain representations of small disadvantaged status from joint venture partners, teaming arrangement members, and subcontractors through use of a provision substantially the same as paragraph (b)(1)(i) of the provision at FAR 52.219-22, Small Disadvantaged Business Status. The Contractor shall confirm that a joint venture partner, team member, or subcontractor representing itself as a small disadvantaged business concern, is identified as a certified small disadvantaged business in the database maintained by the Small Business Administration (PRO-Net) or by contacting the SBA’s Office of Small Disadvantaged Business Certification and Eligibility.

(b) Reporting requirement. If this contract contains SDB participation targets, the Contractor shall report on the participation of SDB concerns at contract completion, or as otherwise provided in this contract. Reporting may be on Optional Form 312, Small Disadvantaged Business Participation Report, or in the Contractor’s own format providing the same information. This report is required for each contract containing SDB participation targets. If this contract contains an individual Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan, reports may be submitted with the final Subcontracting Report for Individual Contracts (Standard Form 294) at the completion of the contract.

135. GSAR 52.232-78 PAYMENT INFORMATION (JUL 2000)

The General Services Administration (GSA) makes information on contract payments available electronically at http://www.finance.gsa.gov. The Contractor may register at the site and review its record of payments. This site provides information only on payments made by GSA, not by other agencies.

Asbestos Abatement - Indefinite Quantity Contract GSA-PBS-7PMA Solicitation No. GS-07P-08-HH-D-0083 Greater Southwest Region

DIVISION 0 – 00800 SUPPLEMENTARY CONDITIONS - 1

SECTION 00800 - SUPPLEMENTARY CONDITIONS

1. GENERAL

1.01 GENERAL CONDITIONS: Whenever the term "General Conditions" is used in the specification, it refers to "Construction Contract Clauses (Fixed Price)."

1.02 CLAUSES AND PROVISIONS: The designations FAR and GSAR in the clauses and provisions refer to the regulations which provide for their use. FAR refers to the Federal Acquisition Regulation and GSAR refers to the General Services Administration Acquisition Regulation. The FAR is published in Title 48 of the Code of Federal Regulations, Chapter 1 (48 CFR 1). The GSAR appears in Chapter 5 of Title 48 (48 CFR 5). Occasionally, the term "Alternate" appears in a title. This term reflects the selection alternate wording of the particular clause or provision, which appears in the FAR or GSAR. When "Deviation" appears in a title, the clauses or provision represents an approved deviation for the referenced regulation.

2. BONDS AND INSURANCE

2.01 NOTWITHSTANDING GSAR 552.228-70 - BID GUARANTEE AND BONDS, CONTAINED IN

CONSTRUCTION CONTRACT CLAUSES (FIXED PRICE).

(a) The bid guarantee shall be in the amount of $200,000.00.

(b) For each task order in excess of $100,000, the contractor shall furnish to the appropriate ordering official, a performance bond in accordance with FAR 28.102-2(a). The ordering official may require a performance bond for task orders of $100,000 or less.

(c) For each task order in excess of $100,000 the contractor shall furnish to the appropriate ordering official, a payment bond in accordance with FAR 28.102-2(b). “The ordering official may require a form of payment protection for task orders greater than $30,000, but not greater than $100,000.” “

(d) Notice to Proceed for specific task orders shall not be issued until receipt of required bonds by the ordering official. Contractors shall provide required task order performance and payment bonds within not more than ten (10) calendar days of receipt of a respective task order.

(e) Performance and payment bonds when required will be requested at the task order level.

When required, performance and payments bonds will be handled as a separate line item. This also includes payment protection in accordance with 52.228-15 Performance and Payment Bonds— Construction.

2.02 FAR 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

(a) The Contractor shall submit one of the following payment protections:

A payment bond An irrevocable letter of credit (ILC)

(b) The amount of the payment protection shall be 100 percent of the task order price.

(c) The submission of the payment protection is required with (see task orders) days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a

Asbestos Abatement - Indefinite Quantity Contract GSA-PBS-7PMA Solicitation No. GS-07P-08-HH-D-0083 Greater Southwest Region

DIVISION 0 – 00800 SUPPLEMENTARY CONDITIONS - 2

one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

2.03 INSURANCE: Refer to Construction Contract Clauses (Fixed Price); specifically, FAR 52.228- 5, Insurance--Work on a Government Installation, and GSAR 552.228-75, Workmen's Compensation Laws.

3. PERFORMANCE

3.01 PERIOD OF PERFORMANCE

The period of performance of this contract will commence on or about June 2009 and remain in effect for a period of one (1) year, with four (4) one(1) year options for a total contract term not to exceed five (5) years from that date; except that task orders placed prior to the expiration date shall remain in full force and effect until deliveries have been completed and payments have been made.

3.02 FAR 52.211-10 - COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to:

(a) Commence work under this contract as stated in the task order after the Contractor receives the Notice to Proceed.

(b) Prosecute the work diligently, and

(c) Complete the entire work, ready for use, not later than the time shown on the task order.