Grand_Forks_AC_CRAC_unit_2016_Solicitation.pdf

GSA Solicitation No. GS-08P-16-VJ-P-7055

Simplified Acquisition Construction Contract for the installation of a CRAC unit at the Grand Forks BPSH in Grand Forks, North Dakota.

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. Contract 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. Material and Workmanship E. Project Schedule F. Extensions of Time G. Interpretation of Specifications and Drawings H. Submittals I. Government’s Right to Stop Work for Non-Compliance J. Other Contracts K. Substantial Completion and Contract Completion L. Use and Possession Prior to Substantial Completion M. Equitable Adjustments N. Finality of Contract Modifications O. Liquidated Damages P. Insurance Requirements Q. Administrative Matters R. Safeguarding Sensitive Data and Information Technology Resources S. Additional Terms and Conditions

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

I. Project Information

I.A. Project Summary To install a CRAC unit at the Grand Forks BPSH.

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) Unless otherwise specified, 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 15 days after the Contractor receives the Notice to Proceed (NTP).

(2) Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, no later than 110 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 10 calendar days of Substantial Completion.

I.D. Work Conditions/Site Requirements

Interior work

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:

Contracting Officer Name: Cody Lee Address: 657 2nd Ave N RM 228 Fargo, ND 58102 Telephone: 701-566-6124 Email: Cody.lee@gsa.gov

(2) Authorities and Limitations

(a) All rights, responsibilities and authorities of GSA under this Contract are vested in the Contracting Officer. The Contracting Officer may delegate these rights, responsibilities, and authorities to other GSA representatives. Such delegations shall be effective and binding only if communicated in writing to the Contractor, and subject to any limitations specified therein.

(b) The Contractor shall perform the Contract in accordance with any order (including but not limited to instruction, direction, interpretation, or determination) issued by the Contracting Officer or other representative to whom the Contracting Officer has delegated authority. The Contractor assumes all the risk and consequences of performing work in accordance with an order issued by a person lacking authority to issue such order.

I.F. Contract Liquidated Damages Rate

In accordance with “Liquidated Damages” clause in Section III (Terms and Conditions), liquidated damages shall be calculated at the rate of $ 0 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 Solicitation GS-08-P-16-VJ-P-7055, Dated 08/2016

(2) Construction Drawings for Solicitation GS-08-P-16-VJ-P-7055, Dated 08/2016

(3) Wage Determination ND22, Dated 07/22/2016

SCOPE OF WORK

Dispatch Room AC Replacement

Project Description The intent of this project is remove and dispose of the existing ceiling mount two (2) ton Liebert Air Conditioning equipment serving the Border Patrol dispatch room and replace with an appropriately sized; approximately three (3) ton Liebert Mini-Mate 2 split system or equal. Project is to include all electric, mechanical and infrastructure modification work required.

Project Location Border Patrol Sector Headquarters 2320 South Washington Grand Forks, ND 58201

Project Points of Contact Cody Lee Contracting Officer Phone: 701-239-5453 ext 3 Jeff Barbari Property Manager Phone: 701-239-5453 ext 9 Jack Gerberding Project Manager Phone: 701-239-5453 ext 6

Historic

The Border Patrol Sector Headquarters Building in Grand Forks, North Dakota has been determined eligible for listing on the National Register of Historic Places. As such, projects in the building are required to follow the guidelines set forth in the following publications.

ADM 1020.2 GSA Procedures for Historic Properties The National Historic Preservation Act of 1966, as amended and Executive Order

11593.

The Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating

Historic Buildings, Revised 1992 (36 CFR 67).

GSA Technical Preservation Guidelines: http://www.gsa.gov/portal/content/101402 GSA Historic Preservation Technical Procedures:

http://www.gsa.gov/portal/hp/hpc/category/100371/hostUri/portal National Park Service Preservation Briefs:

http://www.nps.gov/tps/how-to-preserve/briefs.htm

Any work that could alter the building’s historic fabric, character, or appearance, both on the interior and exterior must first be approved by the GSA’s Historic Preservation Officer/Historic Preservation Specialist and the North Dakota State Historic Preservation Office (SHPO) before any actions are to take place.

No construction work can begin until Section 106 of the National Historic

Preservation Act (NHPA) is complete.

Project Scope General:

1. A staging area will be determined by mutual agreement after contract award.

2. This information is provided for bidding purposes only. The contractor is advised to conduct a site visit and field-verify the exact information required for use in completing the work and submitting an offer. Prospective bidders shall schedule site visit through Project Manager Jack Gerberding or Property Manager Jeff Barbari.

3. No asbestos or lead containing materials shall be used.

4. The contractor shall take all necessary precautions to prevent any dust or debris from filtering into other parts of the building including but not limited to Mechanical and Fire Alarm systems. Should dust or debris filter into other parts of the building the contractor shall take immediate steps to clean the area (no equipment or supplies will be furnished by GSA).

5. Ensure that all penetrations are sealed with fire rated approved material as required by the International Building Code.

The intent of this project is to remove and dispose of the existing two (2) ton Liebert Air Conditioning equipment serving the USBP Dispatch room and replace with larger Mini-Mate 2 split system or approved equal. Contractor shall furnish all calculations, materials, labor, equipment and supervision required to complete the specified work. Contractor shall use attached equipment sheet and normal building load requirements to determine the properly sized unit to furnish but not less than a three ton.

Equipment Requirements:

Provide an Emerson/Liebert Mini-Mate2 light commercial duty HVAC system or equivalent.

System shall be a dedicated, self-contained, refrigerant type, Air Cooled Split HVAC system for the Dispatch Room, with energy conservation features, and the following items, as a minimum:

http://www.gsa.gov/portal/content/101402 http://www.gsa.gov/portal/hp/hpc/category/100371/hostUri/portal http://www.nps.gov/tps/how-to-preserve/briefs.htm

1. Contractor shall size unit for room size and attached equipment load.

2. Air Handling Unit with Direct expansion (DX) Coil, and cabinet mounted air filters, MERV 8 efficiency rating for indoor air. Unit to be mounted above the finished lay-in tile ceiling if possible. Unit with integral supply and return air grilles preferred, to minimize ductwork requirements.

3. Remote Rooftop Mounted, Air Cooled Condensing Unit, with vibration isolation pads per manufacturer’s recommendation.

4. Condensing Unit to include a Scroll Compressor, and controls for operation of split system from inside the equipment room.

5. Minimum SEER Rating of 13, with 15.5 to 16 SEER Rating recommended for energy conservation, if available.

6. Refrigerant Piping and Insulation for routing between DX air handling unit and air cooled condensing unit. Using refrigerant R-407C or R-410A.

7. Supply Ductwork with Ceiling Supply Diffuser; Return Air Grille and Sheet metal Ductwork as recommended by AC unit manufacturer, to be located within the tile ceiling.

8. 208/230 Volt 3 phase. Install all electrical required, to include conduit, wiring, circuit breakers and disconnects as needed. Breakers shall be labeled and list in panel updated.

9. Condensate pump.

10. Low Ambient operation suitable for year round cooling in Dispatch room.

11. Hail Guard.

12. Five (5) year warranty.

13. Start-up Services

Start-up Coordination and Scheduling with Government Equipment Supplier:

1. Start-up Services requires advance notification. Contractor shall call the Liebert Services Department @ 614.841.2715 to schedule a Liebert technician or Liebert Partner.

2. Installing contractor must have a completed equipment start-up form on file with the Liebert Capitol Office Service Department before start-up can be scheduled. Please contact Liebert Services Coordinator @ 1.614.841.2715 to obtain the Start-up checklist.

3. Unit warranty is not in effect until completed Start-up checklist is on file with the Liebert Capitol Office.

4. Basic Operator training is required, it is the installing contractor’s responsibility to notify the Liebert Services (@ 1.614.841.2715) in advance of Start Up.

5. If any additional visits by Liebert technicians after included initial start are required for commissioning, they will be billable and the responsibility of installing contractor.

Demolition

1. Remove and properly dispose of the existing Liebert A/C system off site.

2. Capture and recycle existing R-22 refrigerant in EPA approved manner.

3. Patch and repair all existing penetrations, anchor holes, etc associated with this project as needed in accordance with applicable Fire Codes.

4. Remove existing Plenum exhaust fan and properly seal roof at curbing.

AC System Installation Contractor shall install a fully functional and operational system with local thermostat control utilizing existing, electrical and ductwork to the maximum extent possible.

1. Protect the equipment in the Dispatch Room from dust, debris and overheating during project.

2. The new condenser shall be located on roof and mounted in manner approved by roofing type and manufacture.

3. Evaporator shall be placed to provide maximum circulation to existing equipment in

Dispatch room but not create draft for employee in space.

4. All refrigerant lines shall be insulated per the equipment manufacturer’s instructions.

5. Provide all plumbing and condensate pump for proper drainage of evaporator condensate, use of PVC pipe is required, no tubing. Condensate pump is to be plumbed to existing drain line in south stairway, see picture.

6. Modify and/or replace as needed, all existing electrical of the current system, to include conduit, wiring, circuit breakers and disconnects. Breakers shall be labeled and updated in panel list. Re-use the existing electrical conduit, wiring and components applicable for this project to the maximum extent possible. Remove unused and/or replace defective or incorrect size wirings and/or electrical materials as needed. Existing unit is fed from panel EP2 located in room M-17.

7. All roofing penetrations, curbs, repairs, alterations or modifications are to be performed by an approved vendor.

8. Contractor shall include any necessary modifications, relocation or repair the existing ceiling, lighting or mechanical systems to facilitate the HVAC installation.

9. Contractor shall provide, to GSA designated personnel, instruction and training on system start-up, shut-down, operation, controls and maintenance.

Condenser Location:

Condenser is to be located on roof.

Electrical Panel:

Existing Evaporator / Air handling Unit:

Drain line in Stairway:

All work shall comply with codes and standards applicable to each type of work through the course of this project. Contractor shall also comply with the requirements of GSA BuildGreen Standards, and PBS P-100.

General Scope Requirements

1. Contractor Use of the Premises: During the period of the project, the contractor will have access to the site only during business hours of 7 am – 5 pm M-F. No on-site work shall be performed outside these hours or on holidays unless otherwise approved by Property Manager in advance and at no additional cost to the Government. The contractor will need to coordinate with the Property Manager to arrange access to the building or facility. The contractor shall make every effort to cause minimum damage to parking lots, any other paved areas, any items that need to be moved during the course of the project, and any areas not included in this scope of work. Any damage that occurs will be repaired at the contractor’s expense.

2. This is a SECURE AREA that requires the contractor to schedule their arrival at least 72 hours in advance through Property Manager.

3. Sanitary Facilities: Contractors may use the sanitary facilities within the building.

4. Telephone: Telephone service is not available on-site for the Contractor’s use.

5. Protection of Public: The building is occupied. The contractor shall maintain safe building access and egress for tenants.

6. Housekeeping: General clean up shall occur at the end of each work day. The project site shall be kept in neat, orderly, and safe condition at all times. The contractor shall be responsible for final clean up of the area when the work is completed.

7. Transportation and Deliveries: The contractor shall coordinate access to the project area with the GSA Property Manager to avoid conflict with other tenants and other work conditions at the site.

8. Cleaning: Upon completion of the move, the Contractor shall: (1) Remove all tools, equipment, surplus material, and rubbish; (2) Restore or refinish, to original condition, surfaces that are damaged due to the work of this contract; (3) Remove grease, dirt, stains, foreign materials, and labels from finished surfaces; (4) Pick up all debris from the site.

9. There are environmental issues at the building; asbestos may be present in project area. Consult with GSA Property Manager to see the Asbestos Inspection report for exact locations. If the contractor encounters any suspicious material, i.e., lead paint or asbestos, bring it to the attention of the project manager immediately.

Submittals: After Award Provide product submittals and shop drawings as applicable for review by the GSA; provide electronic copies in PDF format.

1. Data sheet for all equipment being installed.

2. Design calculations.

All products specified are to establish a standard of quality. Submittal response by the government shall be 14 calendar days or less. If product samples are not submitted in a timely fashion, any delays caused by the contractor will not warrant a time extension.

General Decision Number: ND160022 07/22/2016 ND22

Superseded General Decision Number: ND20150022

State: North Dakota

Construction Type: Building

County: Grand Forks County in North Dakota.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least

$10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/08/2016

1 03/04/2016

2 07/22/2016

BOIL0647-006 01/01/2014

Rates Fringes

BOILERMAKER......................$ 32.75 26.42

ELEC1426-007 06/01/2014

ELECTRICIAN......................$ 27.59 11.37

IRON0512-006 05/01/2015

IRONWORKER, STRUCTURAL...........$ 29.80 23.74

PLAS0633-003 05/01/2015

CEMENT MASON/CONCRETE FINISHER...$ 27.90 13.60

PLASTERER........................$ 23.92 12.83

* PLUM0300-020 05/30/2016

PIPEFITTER.......................$ 33.74 13.82

SHEE9010-002 06/09/2014

SHEET METAL WORKER (HVAC Duct

Installation Only)...............$ 26.45 13.95

SUND2012-003 08/18/2014

BRICKLAYER.......................$ 23.47 12.34

CARPENTER........................$ 19.16 3.88

DRYWALL FINISHER/TAPER...........$ 21.48 6.66

DRYWALL HANGER AND METAL STUD

INSTALLER........................$ 19.60 4.34

INSULATOR - MECHANICAL

(Duct, Pipe & Mechanical

System Insulation)...............$ 15.80 2.60

LABORER: Common or General......$ 12.99 2.81

LABORER: Mason Tender - Brick...$ 15.32 0.00

LABORER: Mason Tender -

Cement/Concrete..................$ 14.54 3.41

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 26.00 3.82

OPERATOR: Crane.................$ 26.18 9.39

OPERATOR: Forklift..............$ 23.06 15.47

OPERATOR: Loader................$ 23.75 0.00

PAINTER (BRUSH AND ROLLER),

Excludes Drywall

Finishing/Taping.................$ 21.86 8.41

PLUMBER..........................$ 21.64 4.98

ROOFER...........................$ 16.37 2.84

SHEET METAL WORKER, Excludes

HVAC Duct Installation...........$ 27.27 7.76

TRUCK DRIVER: Dump Truck........$ 19.81 5.42

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate

(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or

"UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010

08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour

Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the

Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the

Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator

(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator

U.S. Department of Labor

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

U.S. Department of Labor

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

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 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.

II.B. Contract Price Form

Please use 1442 to submit offer.

III. Terms and Conditions

III.A. Commencement, Prosecution, and Completion of Work

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.

(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) The Contractor shall secure and pay for all necessary permits and governmental fees, licenses, and inspections that are customarily secured after award of the Contract and that are legally required at the time of award. The Contractor shall provide a copy of the permits required for execution of the work to the Contracting Officer prior to commencement of any related work.

(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.

(9) 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.

(10) The Contractor assumes the risk of, and shall be responsible for, any loss, damage, destruction, or theft of Government property upon its delivery to the Contractor as Government-furnished property. However, the Contractor is not responsible for reasonable wear and tear to Government property or for Government property properly consumed in performing this Contract.

III.C. Contractor Management and Personnel

(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 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. Material and Workmanship

All equipment, material, and articles incorporated into the Work shall be new and of the most suitable grade for the purpose intended, unless otherwise specified in this Contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number shall be regarded as establishing a standard of quality and performance and shall not be construed as limiting competition.

Unless specifically directed by the Contracting Officer, the Contractor may use any equipment, material, article, or process that is equal to that named in the specifications, so long as it is of comparable quality and meets specified characteristics, or, if no such characteristics are specified, the relevant performance characteristics of the specified item.

III.E. Project Schedule

(1) The Contractor shall use a Project Schedule to plan, coordinate, and perform the Work. The Project Schedule shall show all critical milestones in a MS Word or Excel format.

(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 major activities necessary to complete the Work.

(5) Prior to NTP, the Contractor shall submit its Project Schedule to the Contracting Officer.

The Contractor shall submit the Project Schedule in both electronic and hardcopy print format.

(6) 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 and be linked to the tasks that drive those milestones.

(7) 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 Completion date.

(8) 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,

(9) 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.

(10) 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.

III.F. Extensions of Time

(1) If the Contractor requests an extension of time, the request must be submitted to the Contracting Officer in writing, and set 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 Substantial Completion of the Work is delayed by causes for which the Contractor is not responsible under this Contract and to the extent that the actual or projected Substantial Completion date is later than the date required by this Contract for Substantial Completion.

III.G. Interpretation of Specifications and Drawings

(1) The specifications and drawings shall be interpreted to complement each other.

Requirements set forth in the specifications and not shown on the drawings, or shown on the drawings and not set forth in the specifications, shall be of like effect as if shown or set forth in both.

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

(3) If a requirement set forth in one location is more restrictive than that set forth elsewhere in the Contract Documents, requirements set forth in specifications shall govern over requirements set forth in drawings; otherwise, the more restrictive shall govern.

(4) In case of inconsistent requirements within the drawings, the following order of precedence shall apply:

(a) Requirements indicated in large-scale drawings shall govern over inconsistent requirements indicated in small-scale drawings.

(b) Requirements indicated in schedules shall govern over inconsistent information shown in drawings.

(5) 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.

(6) If any inconsistency within the drawings or specifications cannot be reconciled by reference to this clause, the Contractor shall promptly request a determination from the Contracting Officer as to which requirement shall govern. Election by the Contractor to follow either requirement without a determination from the Contracting Officer shall be at the Contractor's risk; should the Contracting Officer subsequently determine that the requirement not followed by the Contractor governs, the Contractor shall be responsible for all cost and time required to comply with the Contracting Officer's determination.

III.H. Submittals

If required, 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.

(1) Prior to submission, the Contractor shall review all submittals for accuracy, completeness, compliance with Contract requirements, and coordination between different trades and subcontractors. The Contractor shall indicate its approval on all submittals as evidence of such review and coordination. Submittals submitted to the Contracting Officer without evidence of the Contractor’s approval may be rejected without further review.

(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. If the Contracting Officer disapproves of a submittal, the Contractor shall be entitled to an explanation of the reasons for disapproval. 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) Approval by the Contracting Officer of any submittal required under this Contract shall not relieve the Contractor from responsibility for any errors or omissions in such submittals, or from responsibility for complying with the requirements of this Contract, except with respect to variations described and approved as changes in accordance with the following Paragraph (5).

(4) The Contractor shall be entitled to rely upon approval of submittals containing variations from the requirements of the Contract as a change to the Contract only if the Contractor separately requests approval of the variation at the time of submission and the Contracting Officer has approved the request for variation. Such requests shall fully describe the substance of the variation reflected in the Contractor's submittal. This provision shall not be interpreted as limiting the right of the Government to treat non-conforming work as a change where the Contractor has failed to request a variation in accordance with this paragraph.

(5) 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. The Contractor shall not be entitled to receive notice of action on submittals containing variations from Contract requirements in less than twenty working days.

(6) 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 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

≥ 10% post-consumer recovered content

Interior latex paint ≤ 50 grams per liter (g/L) VOCs 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 https://sftool.gov/green-products/1037/key-sustainable-products?agency=9 https://sftool.gov/green-products/1037/key-sustainable-products?agency=9 https://sftool.gov/green-products/1037/key-sustainable-products?agency=9 materials and

Total recycled content ≥ 20% and

Recyclable in a closed loop process and

USDA Certified BioPreferred and

Environmental Product Declaration (EPD) available

Concrete (ready-mix and site-mix)

≥ 15% fly ash or

≥ 25% ground granulated blast-furnace (GGBF) slag

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

III.I. Government’s Right to Stop Work for Non-Compliance

If the Contractor, after receiving written notice from the Contracting Officer of non-compliance with any requirement of this Contract, fails to promptly initiate action to achieve compliance within a reasonable time, the Contracting Officer shall have the right to order the Contractor to stop work under the Contract until the Contractor has complied. The Contractor shall not be entitled to any extension of Contract time or payment for any costs incurred as a result of being ordered to stop work for such cause. Possession of this right by the Contracting Officer shall not relieve the Contractor of its obligation to comply with the Contract, regardless of whether this right is exercised.

III.J. Other Contracts

The Government may enter into other contracts to be performed at the Project site including, but not limited to, construction management services. The Contractor shall not impede site access for these other contractors and shall notify GSA immediately if the activities of other contractors interfere with performance of the Contract.

III.K. Substantial Completion and Contract Completion

(1) "Substantial Completion" means the stage in the progress of the work as determined and certified by the Contracting Officer in writing to the Contractor, on which the work (or a portion designated by the Government) is sufficiently complete and satisfactory. Substantial completion means that the property may be occupied or used for the purpose for which it is intended, and only minor items such as touch-up, adjustments, and minor replacements or installations remain to be completed or corrected which do not interfere with the intended occupancy or utilization of the work.

(2) The "date of substantial completion" means the date determined by the Contracting Officer or authorized Government representative as of which substantial completion of the work has been achieved.

(3) The Contract is complete (Contract Completion) when 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.

(4) 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.

(5) 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.L. Use and Possession Prior to Substantial Completion

Upon notice by the Contracting Officer, the Government shall have the right to take possession of, use, or operate with Government employees or other contractors, any completed or partially completed part of the Work prior to Substantial Completion. Exercise by the Government of the right shall not relieve the Contractor of responsibility for completing any unfinished components of the Work.

III.M. Equitable Adjustments

FAR 52.243-5, Changes and Changed Conditions clause is supplemented as follows:

At the written request of the Contracting Officer, the Contractor shall submit a proposal, in accordance with the requirements set forth herein, for an equitable adjustment to the contract for changes or other conditions that may entitle a Contractor to an equitable adjustment. If the Contractor deems an oral or written order to be a change to the contract, it shall promptly submit to the Contracting Officer a proposal for equitable adjustment attributable to such deemed change. The proposal shall also conform to the requirements set forth below.

(1) The proposal shall be submitted within 15 days, or such other time as may reasonably be required by the Contracting Officer. In the case of a proposal submitted based on the “Differing Site Conditions” clause, the notice requirement of that clause shall be met.

(2) Proposals for equitable adjustments shall include a detailed breakdown of the following elements, as applicable:

(a) Direct Costs.

(b) Markups.

(c) Change to the time for completion specified in the contract.

(3) Direct Costs. The Contractor shall separately identify each item of deleted and added work associated with the change or other condition giving rise to entitlement to an equitable adjustment, including increases or decreases to unchanged work impacted by the change. For each item of work so identified, the Contractor shall propose for itself and, if applicable, its first two tiers of subcontractors, the following direct costs:

(a) Material cost broken down by trade, supplier, material description, quantity of material units, and unit cost (including all manufacturing burden associated with material fabrication and cost of delivery to site, unless separately itemized);

(b) Labor cost broken down by trade, employer, occupation, quantity of labor hours, and burdened hourly labor rate, together with itemization of applied labor burdens (exclusive of employer’s overhead, profit, and any labor cost burdens carried in employer’s overhead rate);

(c) Cost of equipment required to perform the work, identified with material to be placed or operation to be performed;

(d) Cost of preparation and/or revision to shop drawings and other submittals with detail set forth in paragraphs (2)(a) and (2)(b) of this clause;

(e) Delivery costs, if not included in material unit costs;

(f) Time-related costs not separately identified as direct costs, and not included in the Contractor’s or subcontractors’ overhead rates, as specified in paragraph (7) of this clause; and

(g) Other direct costs.

(4) Marked-up costs of subcontractors below the second tier may be treated as other direct costs of a second tier subcontractor, unless the Contracting Officer requires a…