GS-07-P-16-HT-C-7012.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) 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".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

17/29/2016

14:00 08/31/2016

7PQD

GSA PBS 7PQD

ENERGY & ACQUISITION SUPPORT BRANCH

819 TAYLOR ST

FORT WORTH, TX 76102-6124United States

GS-07-P-16-HT-C-7012

GSA PBS 7PQD

ENERGY & ACQUISITION SUPPORT BRANCH

819 TAYLOR ST

FORT WORTH, TX 76102-6124United States

EQ7PMD-16-5347

(817) 850-5541Shawna Villarreal

Standard Form Page 1

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

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

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Please see attached

PBS PAYMENTS BRANCH

P.O. BOX 17181

FORT WORTH, TX 76102-0181

7PQD

Shawna Villarreal

GSA PBS 7PQD

ENERGY & ACQUISITION SUPPORT BRANCH

819 TAYLOR ST

FORT WORTH TX 76102 6124U it d St t

Standard Form Page 2

PAGE

GENERAL SERVICES ADMINISTRATION

OF

ITEM NO., FORM OR

STOCK NUMBER DESCRIPTION OF ARTICLES OR SERVICES QUAN-

TITY

UNIT

OF

ISSUE

UNIT

PRICE

AMOUNT

Model number R Q-0 02- 8 -V-curtain. All duct work above connections, and all related outside booth. The contractor

Minimum SEER 15.2). 4. Furnish coils, supply air duct and air

Notice to Proceed will not be

1. Remove existing Evaporative

(Equal to or better than Aaon connectors, plumbing lines curtain slot diffuser above door

15.2 SEER 45.2 MBH Heating.

with integrated hot water coils.

days after contract award.

Booths #1 - #12 each 2 Ton package rooftop unit booths, to include hot water cabinet, flexible duct manual damper. Install this air

208-3 phase 27.43 MBH Cooling documents within 10 calendar evaporative coolers to primary

TX0943 PDN Primary Inspection supply air duct and install to include, but not limited to:

-00 0F0 00-0 0-0 000 000 0B

Furnish and install twelve (12) contract employees working on performance bond and insurance slot diffuser, connected to canopy shall be capped 3.

insurance are accepted. All dispose of properly. Demolition

LS

Remove existing ductwork from

CA01-E JJ: 00 0 0-00 0-P KB- 0A0

electrical accessories. 2.

shall provide payment bond, and install new 36” x 2.5” inch issued until all bonding and

Coolers, twelve (12) each and

Standard Form Page 3

OF

ITEM NO., FORM OR

STOCK NUMBER DESCRIPTION OF ARTICLES OR SERVICES QUAN-

TITY

UNIT

OF

ISSUE

UNIT

PRICE

AMOUNT

0002 TX0948 PDN Building D Border accesscard@gsa.gov within a

R7Suitability at electrical accessories. 2. Air

10 ton units, one (1) 5 ton and to the online application from room to be capped off, hot water to pass a security background

(CIW) for each employee to GSA connections, and all related dispose of properly, three (3)

PoP: 09/26/2016 - 03/31/2017

Heating ductwork in mechanical operated buildings are required base price.

detail instructions and access

Contractor Information Worksheet connectors, plumbing lines units, five (5) each, and

Install new rooftop units, and disposed of properly.

award. The employee will receive premises at GSA owned and cabinet, flexible duct contractor shall provide the

1. Remove existing roof top the CIW. Line item 0001 is a removed and capped off. 3.

in mechanical room to be removed to include, but not limited to:

couple of days after they submit inside air handlers to be

Personnel Management (OPM). The calendar days after contract

Patrol Building

LS

r7suitability@gsa.gov within 15 handlers, three (3) each located one (1) 3 ton unit. Demolition lines leading to hot water coils check conducted by the Office of

Standard Form Page 4

OF

ITEM NO., FORM OR

STOCK NUMBER DESCRIPTION OF ARTICLES OR SERVICES QUAN-

TITY

UNIT

OF

ISSUE

UNIT

PRICE

AMOUNT

LS

units two (2) each and dispose

Model #T/YHC120F3. Line item an economizer cycle. 4. Install than 13.4 SEER Rating. Equal to duct connectors, plumbing lines

Equal to or better than Trane or better than Trane Model # coating on cooling/condenser

1. Remove existing rooftop

New rooftop units shall include

Package unit, equal to or better limited to: cabinet, flexible

0003 TX0964 Ysleta Building D than 11.7 SEER Rating. Equal to guards (Hail Guards) and epoxy

LS

minimum rating of 12.4 EER.

damper mounted in return duct.

following: a. One (1) 12 ½ ton

Demolition to include, but not package unit, equal to or better highest SEER rating with a provide new condenser coil

Furnish and install the kit, and barometric relief unit and one (1) 25 Ton unit.

PoP: 09/26/2016 - 03/31/2017

PoP: 09/26/2016 - 03/31/2017

T/YZ150F3 b. One (1) 25 ton electrical accessories. 2.

0002 is a base price.

base price.

Units shall include low ambient units; units shall meet the of properly, one (1) 12 ½ ton three (3) each 10 ton package or better than Trane Model # connections, and all related

TS300F3 Line item 0003 is a coils for corrosion protection.

Standard Form Page 5

OF

ITEM NO., FORM OR

STOCK NUMBER DESCRIPTION OF ARTICLES OR SERVICES QUAN-

TITY

UNIT

OF

ISSUE

UNIT

PRICE

AMOUNT

Trane Model # T/YSC102F3 c. One to or better than 19.5 SEER flexible duct connectors, to or better than Trane Model

(1) 20 ton package unit, equal

(2) 5 ton package units, equal is a base price.

units five (5) each, and dispose rating. Equal to or better than but not limited to: cabinet, at a minimum of 20 SEER. Equal

Trane Model # T/YZ150F3 d. One to or better than 13.8 SEER

#4TUK4534A10NOA Line item 0004

1. Remove existing rooftop

(1) 8 ½ ton package unit, equal install the following: a. Two

Ton Unit. Demolition to include,

(1) each 3 Ton mini-splits rated rating. Equal to or better than

1. Remove existing rooftop unit

Number for Outdoor unit accessories. 2. Furnish and

TX0972 Ysleta Building A

Trane Model # TS240F3 e. One

(1) 12 ½ Ton unit and one (1) 20

LS

to or better than 13.4 SEER

Trane Model # T/YZC060E3 b. One

TX0973 Ysleta Building B

#4MUC4536A10NOA. Trane Model

Rating. Equal to or better than rating. Equal to or better than units, one (1) 8 ½ ton unit, one all related electrical

(1) 12 ½ ton package unit, equal plumbing lines connections, and number for indoor unit to or better than 12.2 SEER

PoP: 09/26/2016 - 03/31/2017 of properly, two (2) 5 ton

Standard Form Page 6

OF

ITEM NO., FORM OR

STOCK NUMBER DESCRIPTION OF ARTICLES OR SERVICES QUAN-

TITY

UNIT

OF

ISSUE

UNIT

PRICE

AMOUNT

eleven (11) each window units

(1) 17 ½ ton package unit, equal for indoor unit #4MUC4524A10NOA.

connections, and all related

PoP: 09/26/2016 - 03/31/2017 unit. Demolition to include, coolers eleven (11) each. Remove accessories. 2. Install one better than Trane Model number duct connectors, plumbing lines

1. Remove existing evaporative

PoP: 09/26/2016 - 03/31/2017 properly, One (1) 17 ½ ton

Truck Exit Booth #1-3 item 0005 is a base price.

all related electrical a minimum of 20 SEER. Equal to limited to: cabinet, flexible rooftop units and dispose of

0006 is a base price.

Trane Model # TZ210F3. Line one (1) each and dispose of each 2 Ton mini-splits rated at plumbing lines connections, and

Demolition to include, but not

Booths #1- 8 and TX0980 Ysleta

1. Remove three (3) existing unit #4TUK4524A10NOA. Line item

Furnish and install eleven (11)

TX0979 Ysleta Truck Primary

Building A flexible duct connectors, Rating. Equal to or better than located inside primary booths.

to or better than 13.1 SEER

LS

Trane Model Number for Outdoor electrical accessories. 2.

TX0705FH Fort Hancock L.P.O.E.

LS

but not limited to: cabinet, Standard Form Page 7

OF

ITEM NO., FORM OR

STOCK NUMBER DESCRIPTION OF ARTICLES OR SERVICES QUAN-

TITY

UNIT

OF

ISSUE

UNIT

PRICE

AMOUNT

#4TXK8512A1 Line item 0007 is a

One (1) 1 Ton mini split Heat better TZC048F3 19 SEER minimum

(2) each 3 Ton Package Units

Booths (#1 and #2)

Trane Model #4WCC3018A1000A c.

is a base price.

LS

Remove one existing mini split

Trane Outdoor Model electric heat, equal to or shall furnish and install two

TX0706FH Fort Hancock Primary

Indoor Model # 4MXW8512A1 and

Model TZC036E3. Line item 0008 unit and two (2) 4 ton units.

Equal to or better than Trane rating. Equal to or better than ton package units with 18 KW of properly. 2. Contractor

Administration Building 1.

SEER. Equal to better than Trane

Equal to or better than 13 SEER properly, one (1) RTU-#3 1 ½ ton piggy back heaters and dispose following: a. Two (2) each 4

LS

PoP: 09/26/2016 - 03/31/2017 better than 20 SEER rating.

TX0521MF Building A - OPTION shall be rated at a minimum 20

Evaporative Coolers each with pump/Wall cartridge. Equal to or shall furnish and install the e unit with 5 KW electric heat.

base price.

b. One (1) each 1½ ton package with 10 KW electric heat. Units

1. Remove existing two (2)

PoP: 09/26/2016 - 03/31/2017 system AC-#1. 2. Contractor

Standard Form Page 8

OF

ITEM NO., FORM OR

STOCK NUMBER DESCRIPTION OF ARTICLES OR SERVICES QUAN-

TITY

UNIT

OF

ISSUE

UNIT

PRICE

AMOUNT

number for indoor unit #

#110A, #107 and #117 1.

install five (5) each 5 Ton

#4TXK2712A10N. Unit shall have 5 ton mini-split (Heat Pump) rated

Center, Office #109, #109A, Trane Model number for indoor properly. Demolition to include, to or better than Trane Model accessories. 2. Furnish and

Number for Outdoor unit heat added. b. One (1) each 1 at a minimum of 16 SEER. Equal

SEER. Equal to or better than six (6) each and disposed of

Ton mini-split (Heat Pump) rated

Model #YZC060E3). Command all related electrical

#4MXW2712A10N. Trane Model

Unit shall have 5 KW electric mini-split (Heat Pump) rated at

Pump) rated at a minimum of 16

(Equal to or better than Trane

Remove existing Rooftop Units, Number for indoor unit plumbing lines connections, and for Outdoor unit # 4TXK8536A.

following: a. One (1) each 3 added. d. One (1) each 3 Ton

(1) each 3 Ton mini-split (Heat to or better than Trane Model

Furnish and install the have 5 KW electric heat flexible duct connectors, or better than 19.5 SEER rating.

4MXW8536A1. Trane Model Number package rooftop units equal to

KW electric heat added. c. One at a minimum of 25 SEER. Equal unit # 4MXW8536A1. Unit shall but not limited to: cabinet, Standard Form Page 9

OF

ITEM NO., FORM OR

STOCK NUMBER DESCRIPTION OF ARTICLES OR SERVICES QUAN-

TITY

UNIT

OF

ISSUE

UNIT

PRICE

AMOUNT

exercise the option.

unit. Unit shall have 5 KW

Pump) rated at a minimum of connections, and all related

Remove existing roof top units, #4TUK4524A10N0A for Outdoor

Equal to or better than Trane number for indoor unit # not obligate the Government to

(1) each 2 Ton mini-splits (Heat connectors, plumbing lines

Administration Building 1.

Evaluation of the option will better than 19.5 SEER rating.

to or better than Trane Model evaluated at time of award.

LS

Trane Model Number have 5 KW electric heat. e. One cabinet, flexible duct

TX0522MF Building B - OPTION mini-split (Heat Pump) rated at

5 ton package unit, equal to or indoor unit #4MUC4524A10N0A.

a minimum of 20.50 SEER. Equal include, but not limited to:

#4TUK4536A10N0A. Unit shall is an option that will be

One (1) each 1 1/2 Ton

Furnish and install two (2) each properly. Demolition to electric heat. Line item 0007 and install the following: a.

Number for Outdoor unit than Trane Model number for

PoP: 09/26/2016 - 03/31/2017

20.50 SEER. Equal to or better

electrical accessories. 2.

two (2) each, and dispose of

Model # YZC060E3. 3. Furnish

4MUC4536A10N0A. Trane Model

Standard Form Page 10

OF

ITEM NO., FORM OR

STOCK NUMBER DESCRIPTION OF ARTICLES OR SERVICES QUAN-

TITY

UNIT

OF

ISSUE

UNIT

PRICE

AMOUNT

PoP: 09/26/2016 - 03/31/2017

5 KW electric heat. Line item

(Heat Pumps) rated at a minimum

#4TXK2718A10N. Units shall have number for indoor unit exercise the option.

(1) each 1 1/2 Ton mini-split not obligate the Government to or better than Trane Model

Evaluation of the option will

Model Number for Outdoor unit have 5 KW electric heat. 4. One indoor unit #4MXW2718A10N. Trane a minimum of 20 SEER. Equal to

#4TUK4518A10NOA. Unit shall evaluated at time of award.

0008 is an option that will be

Number for Outdoor unit than Trane Model number for of 21 SEER. Equal to or better

#4MUC4518A10NOA. Trane Model

Standard Form Page 11

GSA Contract No. GS-07-P-16-HT-C-7012

Document: C101-SB / JAN 2016 (The Agreement)

Pages 1 of 30

Construction Contract for HVAC Replacements in El Paso, Fort Hancock and Marfa, TX The Agreement

Table of Contents

I. Project Information A. Project Summary B. The Contract C. Period of Performance D. Work Conditions/Site Requirements E. Authorized Representative F. Liquidated Damages Rate G. Buy American Exceptions H. Statement of Work, Specifications, Drawings, Exhibits and Other Attachments

II. Prices A. Basis of Pricing B. Contract Price Form

III. Terms and Conditions A. Commencement, Prosecution, and Completion of Work B. Contractor Responsibilities C. Contractor Management and Personnel D. Project Schedule E. Extensions of Time F. Interpretation of Specifications and Drawings G. Submittals H. Substantial Completion and Contract Completion I. Use and Possession Prior to Substantial Completion J. Finality of Contract Modifications K. Liquidated Damages L. Insurance Requirements M. Order of Precedence N. Administrative Matters O. Non-Compliance with Contract Requirements P. Safeguarding Sensitive Data and Information Technology Resources Q. Options and Allowances R. Additional Terms and Conditions

IV. Contract Clauses A. Clauses Incorporated in Full Text B. Clauses Incorporated by Reference C. Subcontract Requirements

Volume 1 - RFP Page 12

(The Agreement)

Pages 2 of 30

I. Project Information

I.A. Project Summary The contractor shall provide all materials, supplies, labor, equipment and supervision, necessary to complete the removal of existing and installation of new air handler units, roof top units, and evaporative coolers at Border Patrol Stations in El Paso (Paso Del Norte & Ysleta) and Fort Hancock, Texas. This procurement includes an option to install mini-split systems and roof top units in Marfa, Texas.

I.B. The Contract

(1) The Contract consists of the SF 1442, the Agreement, the Statement of Work, Specifications, Drawings, Exhibits, Amendments, Modifications, and other Attachments identified herein (collectively, the Contract Documents). The Contract contains the entire agreement of the Parties, and no prior written or oral agreement, express or implied, shall be admissible to contradict or modify any part of the Contract.

(2) The Contractor shall provide and pay for all labor, materials, equipment, tools, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution of the work described in and reasonably inferable from the Contract Documents (the Work), whether temporary or permanent. In consideration for, and upon condition of, the Contractor's completion of the Work, GSA shall pay the Contractor the price or prices established in Section II, subject to the terms and conditions set forth in this Contract.

I.C. Period of Performance

(1) Commencement. The Contractor shall commence performance of the Work within 10 days after the Contractor receives the Notice to Proceed (NTP). A partial NTP will be issued to place the order on the equipment upon approved submittals. A full NTP will be issued after equipment delivery.

(2) Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, no later than 105 calendar days from issuance of Notice to Proceed (NTP).

(3) Contract Completion. The Contractor shall achieve Contract Completion, as the term is defined in this Agreement, within 15 calendar days of Substantial Completion.

I.D. Work Conditions/Site Requirements All contractor and subcontractor employees will have to be vetted by the Customs and Border Protection Agency (CBP) as well as obtain security clearances from GSA.

I.E. Authorized Representative

(1) This Contract is between the United States of America, acting by and through the Administrator of General Services (GSA), and the Contractor (the Parties). References in this Contract to "the Owner" or "the Government" shall be understood to refer to GSA. The following individual is designated as the only authorized GSA representative under this Contract, unless other warranted contracting officers are designated in writing:

Volume 1 - RFP Page 13

(The Agreement)

Pages 3 of 30

Contracting Officer Name: Shawna Villarreal Address: 819 Taylor St Rm 12B01, Fort Worth, TX 76102 Telephone: 817-850-5541 Email: Shawna.villarreal@gsa.gov

(2) GSAR 552.236-71, Authorities and Limitations, is incorporated by reference in this Contract.

I.F. Liquidated Damages Rate In accordance with the “Liquidated Damages” clause in Section III (Terms and Conditions), liquidated damages shall be calculated at the rate of $250.00 per calendar day.

I.G. Buy American Exceptions For the applicable Buy American clause and any exceptions, see Section IV of this Agreement.

I.H. Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments The following documents are incorporated by reference into this Contract.

(1) Statement of Work for Contract No. GS-07-P-16-HT-C-7012, Dated 07/29/2016

(2) Wage Determination TX160295, Dated 03/18/2016

(3) Wage Determination TX160231, Dated 03/18/2016

(4) Wage Determination TX160189, Dated 01/08/2016

(5) Ysleta Exhibits

II. Prices

II.A. Basis of Pricing

(1) Contract Prices. All Contract prices set forth in this Section include all costs necessary to complete the work for which the price is established (e.g., Base Contract, Unit Price, Options) in accordance with the Contract Documents, including, but not limited to, the cost of work performed by subcontractors and consultants, indirect costs, fees, expenses, taxes, and profit.

(2) Knowledge of Conditions Affecting Price. FAR 52.236-3, Site Investigations and Conditions Affecting the Work, is incorporated by reference in this Contract. The Contractor shall be presumed to have established all prices with knowledge of general and local conditions that may affect the cost of Contract performance at the site where the Work is to be performed, to the extent that such information is reasonably obtainable.

(3) Unit Prices and Allowances. If any portion of the Work is to be performed on a unit price basis, the Unit Price shall include all costs of coordinating and incorporating the unit-priced portion of the Work into the Base Contract Work. The Contractor shall only be obligated to perform unit-priced work to the extent that an Allowance has been established. The Contractor

Volume 1 - RFP Page 14

(The Agreement)

Pages 4 of 30 shall be obligated to perform such work in excess of a unit quantity for which an Allowance is established only if directed by the Contracting Officer in writing. The Contractor shall be bound to the unit price or prices set forth herein in all equitable adjustments for changes including unit priced work, and no markups shall be applied to such unit prices.

(4) Options. If any portion of the Work is to be performed upon the timely exercise of an Option, the Option Price shall include all costs of coordinating and incorporating the Option-priced portion of the Work into the Base Contract Work. An adjustment to the Contract price for such additional work shall be computed solely on the basis of the Option price or prices set forth herein. Unless otherwise specified, all options may be exercised within 90 days of Contract award.

(5) Bid Rates. If this Contract includes Bid Rates to be used in determination of equitable adjustments (e.g., overhead, profit, daily rates for time-related costs), such rates shall be deemed to include all costs recoverable as components of an equitable adjustment consistent with the requirements, definitions, and exclusions applicable to equitable adjustments set forth in this Contract, and consistent with the Contractor's cost accounting practices. Unless otherwise specified, the bid rates shall be deemed to include only the Contractor's costs, and not the costs of any subcontractors.

II.B. Contract Price Form Please see SF 1442.

III. Terms and Conditions

III.A. Commencement, Prosecution, and Completion of Work FAR 52.211-10, Commencement, Prosecution, and Completion of Work, is supplemented as follows:

The Contractor shall not commence the Work until the Contracting Officer has issued NTP. The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of the Work, as defined in Section III (Terms and Conditions), “Substantial Completion and Contract Completion” clause, within the time specified in Section I (Project Information), “Period of Performance” clause. If the Contract specifies different completion dates for different phases or portions of the Work, the Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of such phases or portions of the Work within the times specified.

III.B. Contractor Responsibilities

(1) Unless otherwise expressly stated in the Contract, the Contractor shall be responsible for all means and methods employed in the performance of the Contract.

(2) The Contractor shall be responsible for providing professional design services in connection with performance of the Work or portions of the Work only if this responsibility is expressly stated and the Contract Documents provide the performance and design criteria that such services will be required to satisfy. In the performance of such work, the Contractor shall be responsible for retaining licensed design professionals, who shall sign and seal all drawings, calculations, specifications and other submittals that the licensed professional prepares. The Contractor shall be responsible for, and GSA shall be entitled to rely upon, the adequacy and completeness of all professional design services provided under this Contract.

Volume 1 - RFP Page 15

(The Agreement)

Pages 5 of 30

(3) The Contractor shall be responsible for coordinating all activities of subcontractors. This responsibility includes coordination of: preparation of shop drawings produced by different subcontractors where their work interfaces or may potentially conflict or interfere and the installation of such work; scheduling of work by subcontractors; and use of the Project site for staging and logistics.

(4) Where installation of separate Work components as shown in the Contract Documents will result in conflict or interference between such components or with existing conditions, including allowable tolerances, it is the Contractor's responsibility to bring such conflict or interference to the attention of the Contracting Officer and seek direction before fabrication, construction, or installation of any affected work. If the Contractor fabricates, constructs, or installs any work prior to receiving such direction, the Contractor shall be responsible for all cost and time incurred to resolve or mitigate such conflict or interference.

(5) Where drawings show work without specific routing, dimensions, locations, or position relative to other work or existing conditions, and such information is not specifically defined by reference to specifications or other information supplied in the Contract Documents, the Contractor is responsible for routing, dimensioning, and locating such work in coordination with other work or existing conditions in a manner consistent with Contract requirements.

(6) It is not the Contractor's responsibility to ensure that the Contract Documents comply with applicable laws, statutes, building codes and regulations. If it comes to the attention of the

Contractor that any of the Contract Documents do not comply with such requirements, the Contractor shall promptly notify the Contracting Officer in writing. If the Contractor performs any of the Work prior to notifying and receiving direction from the Contracting Officer, the Contractor shall assume full responsibility for correction of such work, and any fees or penalties that may be assessed for non-compliance.

(7) The Contractor shall immediately bring to the Contracting Officer's attention any hazardous materials or conditions not disclosed in the Contract Documents discovered by or made known to the Contractor during the performance of the Contract.

(8) The Contractor must submit a safety plan before commencing work.

III.C. Contractor Management and Personnel FAR 52.236-6, Superintendence by the Contractor, is supplemented as follows:

(1) The Contractor shall employ sufficient management and contract administration resources, including personnel responsible for project management, field superintendence, change order administration, estimating, coordination, inspection, and quality control, to ensure the proper execution and timely completion of the Work. The Contractor shall designate a principal of the firm or other senior management official to provide executive oversight and problem resolution resources to the Project for the life of the Contract.

(2) The Contractor shall employ, and require its subcontractors to employ, qualified personnel to perform the Work. The Government reserves the right to exclude, or remove from the site or building, any personnel for reasons of incompetence, carelessness, or insubordination, who violate rules and regulations concerning conduct on federal property, or whose continued

Volume 1 - RFP Page 16

(The Agreement)

Pages 6 of 30 employment on the site is otherwise deemed by the Government to be contrary to the public interest.

(3) Repeated failure or excessive delay by the Contractor to provide qualified personnel shall be deemed a default for the purposes of the Termination for Default clause.

III.D. Project Schedule

(1) The Contractor shall use a Critical Path Method ("CPM") Project Schedule to plan, coordinate, and perform the Work. The Project Schedule shall be produced using widely used, commercially available computer software that is capable of generating and monitoring a CPM schedule and is compatible with Meridian Proliance.® For example, compatible software includes Microsoft Project,® Primavera SureTrak,® and Primavera Project Planner.®

(2) The Project Schedule shall be a rational, reasonable and realistic plan for completing the Work, and conform to requirements specified in this clause and elsewhere in this Contract.

(3) The Contractor understands and acknowledges that the preparation and proper management of the Project Schedule is a material component of the Work, and that the Contract price includes all costs of compliance with Project Schedule requirements.

(4) The Project Schedule shall depict all activities necessary to complete the Work, including, as applicable, all submittal and submittal review activities, all procurement activities, and all field activities, including mobilization, construction, start-up, testing, balancing, commissioning, and punchlist. Activities shall be sufficiently detailed and limited in duration to enable proper planning and coordination of the Work, effective evaluation of the reasonableness and realism of the Project Schedule, accurate monitoring of progress, and reliable analysis of schedule impacts.

(5) Within thirty (30) days of NTP, or such other time as may be specified herein, the Contractor shall submit its Project Schedule to the Contracting Officer, together with a written narrative describing the major work activities, activities on the critical path, and major constraints underlying the sequence and logic of the Project Schedule. The Contractor shall submit the Project Schedule in both electronic and hardcopy print format.

(6) The Contractor should anticipate that its initial submittal of the Project Schedule shall be subject to review and revision as contemplated by Paragraph (11) of this clause, and the Contractor shall devote sufficient resources for meetings, revisions, and resubmissions of the Project Schedule to address exceptions taken by the Contracting Officer to the initial submittal.

The Contractor understands and acknowledges that the purpose of the initial review and resolution of exceptions is to maximize the usefulness of the Project Schedule for the Parties during Contract performance.

(7) Activity durations shall be based upon reasonable and realistic allocation of the resources required to complete each activity, given physical and logistical constraints on the performance of the Work. All logic shall validly reflect physical or logistical constraints on relationships between activities. Except for the first and last activities in the Project Schedule, each activity

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Pages 7 of 30 shall have at least one predecessor and one successor relationship to form a logically connected network plan from NTP to the Contract Completion date.

(8) The Project Schedule shall incorporate milestone events specified in the Contract, including, as applicable, NTP, Substantial Completion, and milestones related to specified work phases and site restrictions. The Project Schedule shall also include Contractor-defined milestones to identify target dates for critical events, based upon the Contractor's chosen sequence of work.

(9) Unless a shorter period for updates is specified elsewhere, the Contractor shall update the Project Schedule monthly to reflect its actual progress in completing the Work, and submit the updated Project Schedule to the Contracting Officer within five (5) working days of the end of each month or other specified period.

(10) If the Contractor revises the Project Schedule after initial submission, the Contractor shall provide in writing to the Contracting Officer a narrative describing the substance of the revision, the rationale for the revision, and the impact of the revision on the projected Substantial Completion date and the available float for all activities. The Contractor shall only revise prospective activities, durations and logic, but addition of detail to prospective activities shall not be deemed a revision if the overall duration of the detailed activity does not change.

(11) If at any time the Contracting Officer finds that the Project Schedule does not comply with any Contract requirement, the Contractor shall, upon written notice of exceptions taken by the Contracting Officer, revise the Project Schedule, adjust activity progress, or provide sufficient information demonstrating compliance. Regardless of whether the Contracting Officer takes any such exception, the Contractor shall not be relieved of its responsibility for the rationality, reasonableness or realism of the Project Schedule, or its responsibility to achieve Substantial Completion within the time specified by this Contract.

(12) If the Contractor fails to sufficiently address the Contracting Officer's exceptions to the Project Schedule within thirty (30) calendar days of written notice of same, the Contracting Officer may withhold retainage until the Project is Substantially Complete or until such time as the Contractor has complied with Project Schedule requirements.

(13) The Contracting Officer shall be entitled, but not required, to rely upon the Project Schedule to evaluate the Contractor's progress, evaluate entitlement to extensions of time and determine the criticality or float of any activities described in such Project Schedule.

III.E. Extensions of Time FAR 52.211-13, Time Extensions, is supplemented as follows:

(1) If the Contractor requests an extension of the time for Substantial Completion, the Contractor shall base its request on analysis of time impact using the Project Schedule as its baseline, and shall propose as a new Substantial Completion date to account for the impact.

The Contractor shall submit a written request to the Contracting Officer setting forth facts and analysis in sufficient detail to enable the Contracting Officer to evaluate the Contractor's entitlement to an extension of time.

(2) The Contractor shall only be entitled to an extension of time to the extent that (a) Substantial Completion of the Work is delayed by causes for which the Contractor is not responsible under this Contract, and (b) the actual or projected Substantial Completion date is later than the date required by this Contract for Substantial Completion.

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(3) The Contractor shall not be entitled to an extension of time if the Contractor has not updated the Project Schedule in accordance with this Contract.

(4) The Government shall not be liable for any costs to mitigate time impacts incurred by the Contractor that occur less than 30 calendar days after the date the Contractor submits a request for extension of time in compliance with this clause.

III.F. Interpretation of Specifications and Drawings FAR 52.236-21, Specifications and Drawings for Construction, and GSAR 552.236-77, Specifications and Drawings, are supplemented as follows:

(1) Different requirements within the Contract Documents shall be deemed inconsistent only if compliance with both cannot be achieved.

(2) Unless otherwise noted, the drawings shall be interpreted to provide for a complete construction, assembly, or installation of the Work, without regard to the detail with which material components are shown in the drawings.

III.G. Submittals FAR 52.236-21, Specifications and Drawings for Construction, GSAR 552.236-78, Shop Drawings, Coordination Drawings, and Schedules, and GSAR 552.236-79, Samples are supplemented as follows:

(1) The Contractor shall prepare and submit to the Contracting Officer shop drawings, samples, calculations, product information, mockups, and other submittals (collectively, "submittals") demonstrating compliance with Contract requirements for all Work components as specified elsewhere in this Contract. If particular submittal requirements are not specified for a component of the Work, the Contractor shall prepare submittals for such Work as directed by the Contracting Officer.

(2) The Contractor shall not proceed with work or procure products or materials described or shown in submittals until the Contracting Officer has indicated approval of the submittal. Any work or activity undertaken prior to approval shall be at the Contractor’s risk; should the Contracting Officer subsequently determine that the work or activity does not comply with the Contract, the Contractor shall be responsible for all cost and time required to comply with the Contracting Officer's determination. The Contracting Officer shall have the right to order the Contractor to cease execution of work for which submittals have not been approved. The Government shall not be liable for any cost or delay incurred by the Contractor attributable to the proper exercise of this right.

(3) The Contractor shall be entitled to receive notice of action on submittals within a reasonable time, given the volume or complexity of the submittals and the criticality of the affected activities to Substantial Completion as may be indicated in the Project Schedule. The Contractor shall not be entitled to receive notice of action on submittals containing variations from Contract requirements in less than twenty (20) working days.

(4) Sustainable Purchasing Submittals.

To simplify compliance with the Federal sustainable purchasing requirements set forth in FAR Parts 11 and 23, PBS has identified those products (“Key Sustainable Products” or “KSPs”) that are used most frequently in its contracts and developed sustainability standards for those

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Pages 9 of 30 products that meet all Federal requirements. The Contractor must show compliance with the KSP standards, where KSPs are furnished by the Contractor in performance of the work.

Where KSPs are provided by the Contractor, the Contractor must submit specific documentation of compliance with all applicable sustainable attributes. Acceptable documentation includes manufacturer specification sheets; technical data sheets; product data sheets; environmental product declarations; manufacturer submittal sheets; and manufacturer letters. Key Sustainable Products listed in the Green Procurement Compilation at https://sftool.gov/green-products/1037/key-sustainable-products?agency=9 have been pre-certified; for these products, correctly-dated screenshots showing each applicable product on the list are sufficient.

The Contractor must submit compliance documentation to the Contracting Officer at the time designated in this Contract for submittals generally. If no other submittals are required as part of this Contract, the Contractor shall submit proof of KSP compliance at least 10 business days before the start of work. The Contractor shall send KSP submittals electronically where possible and the words “KSP product submittal” included in filenames.

The Key Sustainable Products and associated standards are listed in the table below.

PBS Key Sustainable Products and Standards

Construction Materials

Product Sustainability Standard

Nylon carpet NSF 140 Gold certification and

-consumer recovered content

Interior latex paint post-tint (i.e. SCAQMD Rule 1113 standard)

Gypsum board Greenguard Gold certification

Acoustical ceiling tiles Meets the California Section 01350 standard for low-VOC materials and

Recyclable in a closed loop process and

USDA Certified BioPreferred and

Environmental Product Declaration (EPD) available

Concrete (ready-mix and site-mix) -furnace (GGBF) slag

Compliance with the KSP standards does not relieve the Contractor from compliance with any other sustainability requirement of this Contract.

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III.H. Substantial Completion and Contract Completion FAR 52.211-10, Commencement, Prosecution, and Completion of Work, FAR 52.211-12, Liquidated Damages (Construction), and GSAR 552.246-72, Final Inspection and Tests, are supplemented as follows:

(1) For the purposes of FAR 52.211-10, Commencement, Prosecution and Completion of Work, and FAR 52.211-12, Liquidated Damages (Construction), the Work shall be deemed complete when it is “Substantially Complete.” The Work shall be deemed "Substantially Complete" if and only if the Contractor has completed the Work and related Contract obligations in accordance with the Contract Documents, such that the Government may enjoy the intended access, occupancy, possession, and use of the entire Work without impairment due to incomplete or deficient work, and without interference from the Contractor's completion of remaining work or correction of deficiencies in completed work. In no event shall the Work be deemed Substantially Complete if all fire and life safety systems are not tested and accepted by the Authority Having Jurisdiction, where such acceptance is required under the Contract.

(2) With reasonable advance notice, the Contractor shall submit to the Contracting Officer a written proposal recommending a Substantial Completion date (Notice of Substantial Completion). The Contracting Officer shall conduct inspections and make a determination of Substantial Completion within a reasonable time. If the Contracting Officer takes exception to the Notice of Substantial Completion, the Contractor shall be entitled to a written notice of conditions precluding determination of Substantial Completion.

(3) The Contractor shall only be entitled to an extension of time to address such conditions if, and to the extent that, the Contracting Officer provides notice of such conditions more than thirty

(30) calendar days after receipt of the Notice of Substantial Completion.

(4) Substantial Completion shall be established by the Contracting Officer's issuance of a written determination specifying the date upon which the Work is Substantially Complete.

(5) The Contract is complete (Contract Completion) if and only if the Contractor has completed all Work and related Contract obligations, corrected all deficiencies and all punch list items, and complied with all conditions for final payment.

(6) Unless otherwise specifically noted, or otherwise clear from context, all references in this Contract to "acceptance" shall refer to issuance of a written determination of Substantial Completion.

(7) The Contractor shall not be entitled to final payment or release of any retainage held by the Government until after Contract Completion. If the Contractor does not achieve Contract Completion within the time required by this Contract, the Government shall be entitled, after providing notice to the Contractor, to complete any work remaining unfinished. The Contractor shall be liable to the Government for all costs incurred by the Government to complete such work.

III.I. Use and Possession Prior to Substantial Completion FAR 52.236-11, Use and Possession Prior to Completion, is supplemented as follows:

Exercise by the Government of the right conferred by FAR 52.236-11 shall not relieve the Contractor of responsibility for completing any unfinished components of the Work.

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III.J. Finality of Contract Modifications As set forth elsewhere in this Contract, the Contractor is entitled to additional consideration under certain conditions, including the issuance of change orders. It is the Contractor's duty to include in proposals for equitable adjustment or other consideration all compensation to which it may be entitled, including cost and time. Unless otherwise explicitly stated in a modification to the Contract providing such consideration, adjustments to the Contract price or time agreed upon therein shall be deemed to provide all compensation to which the Contractor is entitled, and shall constitute final settlement of the Contractor's entitlement to compensation on account of the change or other condition giving rise to the modification.

III.K. Liquidated Damages FAR 52.211-12, Liquidated Damages is supplemented as follows:

(1) The Contractor acknowledges that time is of the essence for the performance of the Work, and that determining actual damages from delay would be extremely difficult and impractical. If the Contractor fails to achieve Substantial Completion of the Work within the time specified in this Contract, the Contractor shall be liable to the Government for liquidated damages at the rate specified in Section I (Project Information), paragraph entitled, “Liquidated Damages Rate,” for each calendar day following the required completion date that the Work is not Substantially Complete.

(2) If the Contract requires different completion dates for different phases or portions of the Work, the Contractor shall be liable for liquidated damages at the specified rate for each calendar day following the required completion date that the phase or portion of Work is not Substantially Complete. If a single rate is specified, the specified rate shall be apportioned between the different phases or portions of the Work.

(3) If the Government elects to accept any portion of the Work not specifically designated as a phase or portion of Work with its own required completion date, the liquidated damage rate shall be apportioned between accepted work and uncompleted work, and the Contractor's liability for liquidated damages shall be computed accordingly.

III.L. Insurance Requirements

(1) The Contractor shall obtain and maintain for the entire life of the Contract, in addition to any insurance required by law, the following minimum kinds and amounts of insurance required pursuant to FAR clause 52.228-5, Insurance – Work on a Government Installation, and GSAR 552.228-5, Government as Additional Insured.

(a) Workers' compensation insurance in the amount required by the jurisdiction in which the Contract is performed. The Contractor shall obtain Employers' liability coverage of at least $2,000,000. If occupational diseases are not covered by workers' compensation insurance, Employers' liability coverage shall include occupational diseases.

(b) Broad form comprehensive commercial general liability insurance in the amount of at least $5,000,000 per occurrence. Such insurance shall include, but not be limited to, contractual liability, bodily injury and property damage.

(c) Comprehensive automobile liability covering the operation of all automobiles used in connection with performing the Contract in the amount of at least $1,000,000 per person and

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$2,500,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage.

(2) The Contractor shall promptly provide to the Contracting Officer proof that it has obtained insurance required by the Contract in the form of certificates of insurance. The Contractor shall submit to the Contracting Officer all renewal certificates issued during the life of this Contract immediately upon issuance.

III.M. Order of Precedence Different requirements within this Contract shall be deemed inconsistent only if compliance with both cannot be achieved. In case of inconsistency between Contract Documents, the following order of precedence shall apply:

(1) Section IV of the Agreement

(2) Sections I, II, and III of the Agreement

(3) The Statement of Work

(4) The Specifications

(5) The Drawings

(6) Exhibits and Other Attachments

III.N. Administrative Matters

(1) Project Meetings. The Contractor shall attend a preconstruction conference and shall participate in regularly scheduled Project meetings.

(2) Schedule of Values. The Contractor shall prepare and submit for approval a detailed cost breakdown of the Contract price, to be referred to as the Schedule of Values, assigning values to each component of the Work. Values must include all direct and indirect costs, although a separate value for bond costs may be established. The Schedule of Values must contain sufficient detail to enable the Contracting Officer to evaluate applications for payment. If this Contract requires that the Project Schedule be cost loaded, the Schedule of Values will be derived from the Project Schedule.

(3) Payments. FAR clause 52.232-5, Payments under Fixed-Price Construction Contracts, is supplemented as follows:

(a) Before submitting a request for payment, the Contractor shall attend preinvoice payment meetings each month, as scheduled, with the designated Government representative for the purpose of facilitating review and approval of payment requests. Payment meetings may be conducted in person or by telephone. The Contractor shall provide documentation to support the prospective payment request.

(b) The Contractor shall submit its invoices to the Contracting Officer.