solicitation 0031.pdf

SOLICITATION/CONTRACT/ORDER FOR CONSTRUCTION GS-09P-09-KSD-0031

Indefinite Delivery – Indefinite Quantity VI - 1 1/2009

SPECIFICATION

AND

BID FORMS

NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE

PROJECT: INDEFINITE DELIVERY - INDEFINITE QUANTITY (IDIQ) CONTRACT

FOR REPAIR AND ALTERATIONS, RENOVATIONS AND OTHER

CONSTRUCTION RELATED SERVICES

LOCATION: VARIOUS LOCATIONS (ZONES) WITHIN THE STATES OF ARIZONA,

CALIFORNIA, HAWAII AND NEVADA

ESTIMATED CONTRACT: TIER 1 = $25,000,000

MAXIMUM: TIER 2 = $50,000,000

GUARANTEED MINIMUM: $1,000 PER CONTRACT AWARD

VOLUME: I of II

OFFER RECEIPT DATE: FEBRUARY 27, 2009

AND TIME 3:00 PM, PACIFIC STANDARD TIME

CONTRACTING OFFICER: SHIRLEY WASHINGTON

GENERAL SERVICES ADMINISTRATION

PBS, FACILITIES MANAGEMENT AND SERVICE PROGRAMS DIVISION

CONTRACTS SECTION, 9PMFC

450 GOLDEN GATE AVENUE, 4TH FLOOR EAST

SAN FRANCISCO, CA 94102

TELEPHONE NO.: (415) 522-3357

SOLICITATION NUMBER: GS-09P-09-KSD-0031

PRE-PROPOSAL A PRE-PROPOSAL CONFERENCE WILL NOT BE HELD

CONFERENCE:

CURRENT CONTRACTORS: LIST CAN BE OBTAINED BY CALLING THE CONTRACTING OFFICER

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TABLE OF CONTENTS

VOLUME I

CONTRACT CLAUSES: NUMBERS 1 THROUGH 8

DAVIS-BACON GENERAL DECISIONS

SUPPLEMENTARY CONDITIONS: DOCUMENT 00800, NUMBERS 1 THROUGH 12

SPECIAL CONDITIONS, NUMBERS 1 TO 25

SPECIFICATIONS

VOLUME II

BID/OFFER DOCUMENTS - SOLICITATION PROVISIONS

REPS AND CERTS THROUGH ORCA

SECTION 00120

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CONTRACT CLAUSES

FEDERAL ACQUISITION REGULATIONS (FAR)

AND

GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION (GSAM)

CONSTRUCTION CONTRACT CLAUSES (FIXED-PRICE)

1. FAR 52.225-9 BUY AMERICAN ACT — CONSTRUCTION MATERIALS (JAN 2005)

(a) Definitions. As used in this clause-

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows: NONE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

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(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the

Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

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2. FAR 52.225-11 BUY AMERICAN ACT — CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS (AUG 2007)

(a) Definitions. As used in this clause-

“Caribbean Basin country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Designated country” means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, or United Kingdom);

(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Morocco, Nicaragua, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Cape Verde, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British Virgin Islands, Costa Rica, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Netherlands Antilles, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, or Trinidad and Tobago).

“Designated country construction material” means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.

“Foreign construction material” means a construction material other than a domestic construction material.

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“Free Trade Agreement country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

“Least developed country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

“United States” means the 50 States, the District of Columbia, and outlying areas.

“WTO GPA country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American Act restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials or components listed by the Government as follows: NONE

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the

Contractor could not reasonably foresee the need for such determination and could not have requested the

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(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______ [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

3. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these Internet addresses:

FAR clauses: http://acquisition.gov/comp/far/index.html., GSAM clauses: http://acquisition.gov/GSAM/gsam.html.

FAR

CLAUSE

TITLE

DATE

FAR

REFERENCE

52.202-1 Definitions

JUL 2004

2.201

52.203-3 Gratuities

APR 1984 3.202

52.203-5 Covenant Against Contingent Fees

APR 1984 3.404

52.203-7 Anti-Kickback Procedures

JUL 1995 3.502-3

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DATE

FAR

REFERENCE

52.203-8 Cancellation, Rescission, and

Recovery of Funds for Illegal or Improper Activity

JAN 1997 3.104-9(a)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity

JAN 1997 3.104-9(b)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

SEPT 2007 3.808(b)

52.204-2 Security Requirement Alternate II

AUG 1996

APR 1984

4.404(a) 4.404(c)

52.204-4 Printed or Copied Double- Sided on Recycled Paper

AUG 2000 4.303

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

SEPT 2006 9.409(b)

52.211-13 Time Extensions

SEPT 2000 11.503(c)

52.211-18 Variation in Estimated Quantity

APR 1984 11.703(c)

52.215-2 Audit And Records – Negotiations

JUN 1999 15.209(b)

52.215-10 Price Reduction for Defective Cost and Pricing Data

OCT 1997 15.408(b)

52.215-12 Subcontractor Cost or Pricing Data

OCT 1997 15.408(d)

52.215-13 Subcontractor Cost or Pricing Data—Modifications

OCT 1997 15-408(e)

52.216-27 Single or Multiple Awards

OCT 1995 16.505(f)

52.219-8 Utilization of Small Business Concerns

MAY 2004 19.708(a)

52.219-9 Small Business Subcontracting Plan

APR 2008 19.708(b)

52.219-14 Limitations on Subcontracting

DEC 1996 19.508(e) 19.811-3(e) 19.1006(c)(3)

52.219-16 Liquidated Damages – Subcontracting Plan

JAN 1999 19.708(b)(2)

52.222-1 Notice to the Government of Labor Disputes

FEB 1997 22.103-5(a)

52.222-3 Convict Labor

JUN 2003 22.202

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DATE

FAR

REFERENCE

52.222-4 Contract Work Hours and

Safety Standards Act⎯Overtime Compensation

JUL 2005 22.305

52.222-6 Davis-Bacon Act

JUL 2005 22.407(a)

52.222-7 Withholding of Funds

FEB 1988 22.407(a)

52.222-8 Payrolls and Basic Records

52.222-9 Apprentices and Trainees

52.222-10 Compliance With Copeland Act Requirements

52.222-11 Subcontracts (Labor Standards)

52.222-12 Contract Termination⎯Debarment

52.222-13 Compliance with Davis-Bacon and Related Act Regulations

52.222-14 Disputes Concerning Labor Standards

52.222-15

Certification of Eligibility

52.222-21 Prohibition of Segregated Facilities

FEB 1999 22.810(a)(1)

52.222-26 Equal Opportunity

MAR 2007

22.810(e)

52.222-27 Affirmative Action Compliance Requirements for Construction

FEB 1999 22.810(f)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEPT 2006 22.1310(a)

52.222-36 Affirmative Action for Workers With Disabilities

JUN 1998

22.1408(a)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEPT 2006 22.1310

52.223-3 Hazardous Material Identification and Material Safety Data

JAN 1997 23.303

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

AUG 2003 23.1005

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DATE

FAR

52.223-6 Drug-Free Workplace

MAY 2001 23.505

52.223-12 Refrigeration Equipment and Air Conditioners

MAY 1995 23.804(b)

52.223-14 Toxic Chemical Release Reporting

AUG 2003 23.906(b)

52.225-13 Restrictions on Certain Foreign Purchases

JUNE 2008 25.1103(a)

52.227-1 Authorization and Consent

DEC 2007

27.201-2(a)(i)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

DEC 2007 27.201-2(b)

52.227-4 Patent Indemnity – Construction Contracts Alternate I

27.201-2(d)(1)

27.201-2(d)(2)

52.228-1 Bid Guarantee (Variation)

SEP 1996 28.101-2

52.228-2 Additional Bond Security

OCT 1997 28.106-4(a)

52.228-5 Insurance⎯Work on a Government Installation

JAN 1997 28.310

52.228-11 Pledges of Assets

FEB 1992 28.203-6

52.228-12 Prospective Subcontractor Requests for Bonds

OCT 1995 28.106-4(b)

52.228-13 Alternative Payment Protections

JULY 2000 28.102-3(b)

52.228-14 Irrevocable Letter of Credit

DEC 1999 28.204-4

52.228-15 Performance and Payment Bonds ⎯ Construction

NOV 2006 28.102-3(a)

52.229-3 Federal, State, and Local Taxes

APR 2003 29.401-3

52.232-5 Payments Under Fixed-Price

SEPT 2002 32.111(a)(5)

52.232-16 Progress Payments

APR 2003

MAR 2000

32.502-4(a) 32.501-1

52.232-17 Interest

OCT 2008 32.611(a)&(b)

52.232-23 Assignment of Claims

JAN 1986

32.806(a)(1) 32.806(a)(2)

52.232-24 Prohibition of Assignment of Claims

JAN 1986 32.806(b)

52.232-27 Prompt Payment for

OCT 2008 32.908(b)

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DATE

FAR

REFERENCE

52.232-34 Payment By Electronic Funds Transfer – other than Central Contractor Registration “and (b)(1)…The Contractor shall provide this information directly to the office designated in the contract to receive that information…no later than 15 days prior to the submission of the first request for payment.”

MAY 1999 32.1110(a)(2)

52.232-36 Payment By Third Party

MAY 1999 32.1110(d)

52.232-37 Multiple Payment Arrangements

MAY 1999 32.1110(e)

52.233-1 Disputes

JUL 2002

DEC 1991

33.215 33.215

52.233-3 Protest after Award

AUG 1996

33.106(b)

52.236-2 Differing Site Conditions

APR 1984 36.502

52.236-3 Site Investigation and Conditions Affecting the Work

APR 1984 36.503

52.236-5 Material and Workmanship

APR 1984 36.505

52.236-6 Superintendence by the Contractor

APR 1984 36.506

52.236-7 Permits and Responsibilities

NOV 1991 36.507

52.236-8 Other Contracts

APR 1984 36.508

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984 36.509

52.236-10 Operations and Storage Area

APR 1984 36.510

52.236-11 Use and Possession Prior to Completion

APR 1984 36.511

52.236-12 Cleaning Up

APR 1984 36.512

52.236-13 Accident Prevention

NOV 1991

NOV 1991

36.513 36.513

52.236-14 Availability and Use of Utility Service

APR 1984 36.514

52.236-15 Schedules for Construction Contracts

APR 1984 36.515

52.236-16 Quantity Surveys

36.516 36.516

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DATE

FAR

52.236-17 Layout of Work

APR 1984 36.517

52.236-21 Specifications and Drawings for Construction Alternate II “Upon completing the work under this contract, the Contractor shall furnish 2 sets of prints of all shop drawings as finally approved…”

FEB 1997

36.521

36.521

52.236-26 Preconstruction Conference

FEB 1995 36.522

52.242-13 Bankruptcy

JUL 1995 42.903

52.242-14 Suspension of Work

APR 1984 42.1305(a)

52.243-4 Changes

JUN 2007 43.205(d)

52.244-2 Subcontracts

JUN 2007 44.204(a)(1)

52.244-6 Subcontracts for Commercial Items

DEC 2008 44.403

52.245-1 Government Property

JUN 2007 45.107(a)

52.245-2 Government Property Installation Operation Services

JUN 2007

45.107(b)

52.246-12 Inspection of Construction

AUG 1996 46.312

52.246-21 Warranty of Construction

MAR 1994

46.710(e)(1) 46.710(e)(2)

52.247-63 Preference for U.S.-Flag Air Carriers

JUN 2003 47.405

52-247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels

FEB 2006 47.507(a)

52.248-3 Value Engineering - Construction

SEPT 2006

48.202

48.202

52.249-2 Termination for Convenience of the Government (Fixed- Price)

MAY 2004

SEPT 1996

49.502(b)(1)(i)

49.502(b)(1)(ii)

52.249-10 Default (Fixed-Price Construction)

49.504(c)(1)

52.251-1 Government Supply Sources

APR 1984 51.107

52.253-1 Computer Generated Forms

JAN 1991 53.111

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GSAM

DATE

GSAM

552.203-71 Restriction on Advertising

SEP 1999 503.570-2

552.211-71 Standard References

SEP 1999 511.204(a)

552.211-84 Non-Compliance With Contract Requirements

FEB 1996 511.404(b)

552.215-70 Examination of Records by

GSA

FEB 1996 514.201-7(b)/ 515.209-70(a)

552.228-70 Workers’ Compensation Laws

SEP 1999 528.310(a)

552.236-70 Definitions

APR 1984 536.570-1

552.236-71 Authorities and Limitations

APR 1984 536.570-2

552.236-72 Specialist

APR 1984 536.570-3

552.236-74 Working Hours

APR 1984 536.570-5

552.236-75 Use of Premises

APR 1984 536.570-6

552.236-76 Measurements

APR 1984 536.570-7

552.236-77 Specifications and Drawings

SEP 1999 536.570-8

552.236-78 Shop Drawings, Coordination Drawings, and Schedules

SEP 1999 536.570-9

552.236-79 Samples

APR 1984 536.570-10

552.236-80 Heat

APR 1984 536.570-11

552.236-81 Use of Equipment by the Government

APR 1984 536.570-12

552.236-82 Subcontracts

APR 1984 536.570-13

552.243-70 Pricing of Adjustments

APR 1989 543.205(a)(1)

552.243-71 Equitable Adjustments

APR 1984 543.205(a)(2)

552.246-72 Final Inspection and Tests

SEP 1999 546.312

552.246-75 Guarantees

MAY 1989 546.710(c)

Amendment 01

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4. GSAM 552.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (DEVIATION FAR 52.252-6) (SEP

1999)

(a) Deviations to FAR clauses.

(1) This solicitation or contract indicates any authorized deviation to a Federal Acquisition Regulation (48 CFR Chapter 1) clause by the addition of "(DEVIATION)" after the date of the clause, if the clause is not published in the General Services Administration Acquisition Regulation (48 CFR Chapter 5).

(2) This solicitation indicates any authorized deviation to a Federal Acquisition Regulation (FAR) clause that is published in the General Services Administration Acquisition Regulation by the addition of "(DEVIATION (FAR clause no. ))" after the date of the clause.

(b) Deviations to GSAM clauses. This solicitation indicates any authorized deviation to a General Services Administration Acquisition Regulation clause by the addition of “(DEVIATION)” after the date of the clause.

(c) “Substantially the same as” clauses. Changes in wording of clauses prescribed for use on a "substantially the same as" basis are not considered deviations.

5. FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the contractor becomes aware that a change in ownership has occurred, or is certain to occur, which could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall (1) maintain current, accurate, and complete inventory records of assets and their costs;

(2) provide the ACO or designated representative ready access to the records upon request; (3) ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor’s ownership changes; and (4) retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract which meet the applicability requirement of FAR 15.408(k).

6. FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for-

(1) Services (except construction). At least XX percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least XX percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

7. FAR 52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

(a) Definition. "Ozone-depleting substance," as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as-

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

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(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR part 82, Subpart E, as follows:

Warning

Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

8. FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by __________ [insert a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels].

(b) Weather conditions __________ [insert a summary of weather records and warnings].

(c) Transportation facilities _________ [insert a summary of transportation facilities providing access from the site, including information about their availability and limitations].

(d) ___________ [insert other pertinent information].

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DAVIS-BACON GENERAL DECISION

The current Davis-Bacon General Decisions for the location in which the work is to be performed will be attached to each task/delivery order. The General Decisions will be current as of the date of the issuance of the task/delivery order and the Contractor will be required to comply with the incorporated Decisions.

The following is a list of Davis-Bacon General Decision Numbers for the States of Arizona, California, Hawaii and Nevada that is applicable for this solicitation and that may be incorporated to each individual task/delivery order of the resultant contract(s):

State General Decision No.

Arizona (AZ) AZ*0001

AZ*0005

California (CA) CA*0001 CA*0027

CA*0002 CA*0029

CA*0005 CA*0031

CA*0009 CA*0033

CA*0019 CA*0034

CA*0023 CA*0035

CA*0025 CA*0036

CA*0037

Hawaii (HI) HI*0001

Nevada (NV) NV*0001

NV*0003

NV*0004

NV*0005

NV*0006

NV*0007

NV*0008

NV*0009

NV*0010

NV*0011

NV*0012

NV*0013

NV*0014

NV*0015

NV*0016

NV*0017

* - Denotes the last four (4) digits of the Current Year for the General Decision

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SUPPLEMENTARY CONDITIONS: DOCUMENT 00800

1. GENERAL CONDITIONS

Whenever the term “General Conditions” is used in the specification, it refers to the “Construction Contract Clauses (Fixed Price).”

1.01 CLAUSES AND PROVISIONS

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

2. PERFORMANCE

2.01 FAR 52.211-10 -- COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to:

(a) Commence work under this contract as stated in the task/delivery order after the Contractor receives the Notice to Proceed. (The phrase "commence work" may, but need not, involve on-site activity by construction tradesmen. Diligent ordering/delivery of materials and equipment, preparation and submission of documents to the government for approval are also included.)

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than the time specified on the delivery order. The time stated for completion shall include final cleanup of the premises.

2.02 FAR 52.211-12 -- LIQUIDATED DAMAGES – CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in each Task/Delivery Order, the Contractor shall pay liquidated damages to the Government in the amount specified in each Task/Delivery Order for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

3. EMPLOYMENT PRACTICES

3.01 FAR 52.222-23 -- NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The Offeror’s attention is called to the Equal Opportunity clause and the Affirmative action Compliance Requirements for Construction clause of this solicitation.

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(b) The goals for minority and female participation, expressed in percentage terms for the Contractor’s aggregate work force in each trade on all construction work in the covered area, are as follows:

Refer to the Goals below

These goals are applicable to all the Contractor’s construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs Office.

(c) The Contractor’s compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and

(3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project, for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-

4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the “covered area” is various locations within the states of Arizona, California, Hawaii and Nevada including but not limited to the counties listed on Page VI - 19 through VI - 20.

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FAR 52.222-23 GOALS ALONG WITH STATE, COUNTY AND CITY

Economic Areas – Continued Economic Areas – Continued

Goal Goal State (%) State (%)

Arizona: California:

161 Tucson, AZ: 174 Redding, CA:

SMSA Counties: Non-SMSA Counties……………………….6.6 6520 Tucson, AZ………….……24.1 CA: Lassen; CA Modoc; CA Plumas; CA Shasta AZ Pima CA Siskuyou; CA Tehama Non-SMSA Counties…………………..27.0 175 Eureka, CA:

AZ Cochise; AZ Graham; AZ Non-SMSA Counties……………………….6.6 Greenlee; AZ Santa Cruz CA Del Norte; CA Humboldt; CA Trinity 162 Phoenix, AZ: 176 San Francisco-Oakland-San Jose, CA:

SMSA Counties: SMSA Counties 6200 Phoenix, AZ………………15.8 7120 Salinas-Seaside-Monterey, CA…….28.9 AZ Maricopa CA Monterey Non-SMSA Counties………….……….19.6 7350 San Francisco-Oakland, CA……….25.6 AZ Apache; AZ Coconino; AZ CA Alameda; CA Contra Costa; CA Marin Gila; AZ Mohave; AZ Navajo CA San Francisco; CA San Mateo AZ Pinal; AZ Yavapai; AZ 7400 San Jose, CA……………………….19.6 Yuma CA Santa Clara 7485 Santa Cruz, CA…………………….14.9 Nevada: CA Santa Cruz 163 Las Vegas, NV: 7500 Santa Rosa, CA……………………...9.1 SMSA Counties: CA Sonoma 4120 Las Vegas, NV……………13.9 8720 Vallejo-Fairfield-Napa, CA...............17.1 NV Clark CA Napa; CA Solano Non-SMSA Counties…………...12.6 Non-SMSA Counties………………………23.2 NV Esmeralda; NV Lincoln; NV CA Lake; CA Mendocino; CA San Benito Nye; UT Beaver; UT Garfield; 177 Sacramento, CA:

UT Iron; UT Kane; UT SMSA Counties Washington 6920 Sacramento, CA……………………18.1 164 Reno, NV: CA Placer, CA Sacramento; CA Yolo SMSA Counties: Non-SMSA Counties………………………14.3 6720 Reno, NV…………….…….8.2 CA Butte; CA Colusa; CA El Dorado; CA Glenn NV Washoe CA Nevada; CA Sierra; CA Sutter; CA Yuba Non-SMSA Counties………….………...9.2 178 Stockton-Modesto, CA:

NV Churchhill; NV Douglas; NV SMSA Counties Elko; NV Eureka; NV Humboldt 5170 Modesto, CA...................................12.3 NV Lander; NV Lyon; NV CA Stanislaus Mineral; NV Pershing; NV 8120 Modesto, CA...................................24.3 Storey; NV White Pine; NV CA Stanislaus Carson City Non-SMSA Counties..................................19.8 CA Alpine; CA Amador; CA Calaveras; CA Hawaii: Mariposa; CA Merced; CA Tuolumne 183 Honolulu, HI: 179 Fresno-Bakersfield, CA:

SMSA Counties: SMSA Counties 3320 Honolulu, HI……………...69.1 0680 Bakersfield, CA................................19.1 HI Honolulu CA Kern Non-SMSA Counties………….………70.4 2840 Fresno, CA.......................................26.1 HI Hawaii; HI Kauai; HI Maui CA Fresno HI Kaiowao Non-SMSA Counties..................................23.6 CA Kings; CA Madera; CA Tulare

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180 Los Angeles, CA:

SMSA Counties 0360 Anaheim-Santa Ana-Garden Grove, CA..11.9 CA Orange 4480 Los Angeles-Long Beach, CA...........28.3 CA Los Angeles 6000 Oxnard-Simi Valley-Ventura, CA.....21.5 CA Ventura 6780 Riverside-San Bernardino-Ontario, CA.....19.0 CA Riverside; CA San Bernardino 7480 Santa Barbara-Santa Maria-Lompoc, CA.19.7 CA Santa Barbara Non-SMSA Counties...................................24.6 CA Inyo; CA Mono; CA San Luis Obispo

181 San Diego, CA:

SMSA Counties 7320 San Diego, CA.................................16.9 CA San Diego Non-SMSA Counties..................................16.2 CA Imperial

NOTE: The figures represented above are Minority goals; the Female goals Nationwide is 6.9%.

The information published from this sheet is taken from the Federal Register Notices, Vol. 45, No.

194 dated Friday, October 3, 1980 and is CURRENT as confirmed by the Office of Federal Contract Compliance Program (OFCCP)’s Regional Office in San Francisco.

3.02 FAR 52.236-1 -- PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 25% of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract, if during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

4. PAYMENTS

4.01 GSAM 552.232-70 -- INVOICE REQUIREMENTS (SEP 1999)

(a) Invoices shall be submitted in an original only, unless otherwise specified, to the designated billing office specified in this contract or order.

(b) Invoices must include the Accounting Control Transaction (ACT) number furnished at time of award for each individual task/delivery order issued against the contract.

(c) In addition to the requirements for a proper invoice specified in the Prompt Payment clause of this contract or order, the following information or documentation must be submitted with each invoice:

(1) A complete estimate of the payment requested supported by a cost breakdown and satisfactory evidence of title to off-site materials.

(2) A certification of payment form (GSA Form 2419).

(3) For final payment, a release of claims (GSA Form 1142).

(4) The Contractor should use GSA Forms 184, 184A, 184B and 184C when requesting a progress, partial or final payment. These forms are designed to comply with the provisions of the contract. Whatever form(s) is used must similarly comply.

(5) So as not to delay any individual payments, the Contractor and all subcontractors must comply with the requirement to submit weekly payrolls to the Contracting Officer or designated representative in a current status.

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(6) The designated billing office to receive payment requests is shown in block 26 of the Standard Form 1442, Solicitation, Offer and Award. The Contractor shall submit the original invoice along with one copy of the original invoice and 2 copies of the documents specified in paragraphs 1, 2, 3 and 4 above to the COR or to the Construction/Project Manager who is managing and inspecting this contract, which is identified by and in accordance with the Notice of Award letter to this contract.

4.02 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS:

Notwithstanding the provisions of FAR 52.232-27, on Construction Contract Clauses (Fixed Price):

(a) The Contractor shall attend payment meetings each month, as scheduled herein, with the designated Government Representative, prior to the submission of the Contractor's progress payment invoice (payment request). These may by held in conjunction with the progress meetings, if applicable. The payment meetings may be conducted in person or by telephone. The meetings will enable payments to be made promptly and within the dates established in the task/delivery order. The purpose of the payment meetings is to enable the contractor and the Government Representative to discuss the amount of the prospective payment and the supporting documentation required, and to reach agreement on the amount thereof. Inspections by all parties will be completed prior to or during the meeting, thus ensuring timely substantiation and agreement on payment amounts.

The schedule for payment meetings is as follows:

(1) A schedule will be determined at the pre-construction conference. If a pre-construction conference is not held, the Contractor shall contact the Contracting Officer's Representative or Ordering Official to establish a schedule.

(b) The Contractor shall submit the original invoice to the address shown to the Contracting Officer, or ordering official, as indicated on the task/delivery order, Block #24 of GSA Form 300, Order for Supplies and Services for GSA orders.

NOTE: Contractors may access their own payment information via the INTERNET at the following address:

http://www.finance.gsa.gov

After reaching this address, the Contractor will need to click on “Get a Password for Payment Searches”. For first time users, this page will prompt the Contractor through a request for access that will be provided by Finance.

After the Contractor receives their password, the Contractor may access their payment information at any time.

(c) The Contractor shall submit the original, with a copy to the COR or, if a contract is being administered with the assistance of a CQM or CM contractor, a copy to such contractor.

(d) Payment requests shall not be submitted until the scheduled payment meetings are held. If the Contractor fails to attend a payment meeting, the Government will make payment on the Contractor's payment request based upon the results of the Government inspection, in an amount of no more than the Government's estimate of the amount due. The balance of the Contractor's payment request will remain in dispute and will not be subject to any late payment penalty until such time that an invoice including the disputed amount is resubmitted and agreement is reached with the Contracting Officer on any payment amount being due.

(e) Payment due dates are based upon the receipt of a proper invoice by the Contracting Officer. If the invoice is defective (see FAR clause 52.232-27, Prompt Payment for Construction Contracts, and GSAM clause 552.232- 70, Invoice Requirements), it will be returned to the Contractor for appropriate action. If there is a disagreement over the payment amount, the Contracting Officer may pay the portion of the requested payment that is not in dispute.

(f) Any Inquiries on payments are to be directed to the Contracting Officer or Ordering Official.

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4.03 GSAM 552.232-23 – ASSIGNMENT OF CLAIMS (SEP 1999)

Because this is a requirements or indefinite quantity contract under which more than one agency may place orders, paragraph (a) of the Assignment of Claims clause (FAR 52.232-23) is inapplicable and the following is substituted therefor:

In order to prevent confusion and delay in making payment, the Contractor shall not assign any claim(s) for amounts due or to become due under this contract. However, the Contractor is permitted to assign separately to a bank, trust company, or other financial institution, including any federal lending agency, under the provisions of the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereinafter referred to as "the Act"), all amounts due or to become due under any order amounting to $1,000 or more issued by any Government agency under this contract. Any such assignment takes effect only if and when the assignee files written notice of the assignment together with a true copy of the instrument of assignment with the contracting officer issuing the order and the finance office designated in the order to make payment. Unless otherwise stated in the order, payments to an assignee of any amounts due or to become due under any order assigned may, to the extent specified in the Act, be subject to reduction or set-off.

4.04 CREDIT CARD PURCHASES:

GSAM 552.232-77 -- PAYMENT BY GOVERNMENTWIDE COMMERCIAL PURCHASE CARD (MAR

2000)

(a) Definitions. "Governmentwide commercial purchase card" means a uniquely numbered credit card issued by a contractor under GSA's Governmentwide Contract for Fleet, Travel, and Purchase Card Services to named individual Government employees or…