Award_GS-10P-09-LT-C-0052.pdf

4.0 SCOPE OF SERVICES

4.1 GSA proposes to use a Construction Manager as Constructor (CMc) project delivery method. This method results in the construction contractor being brought on-board during the design process. By involving the contractor early, it is expected that potential design problems will be identified and resolved during this phase rather than during construction, and that economy, value and schedule enhancements can be built into the design.

4.2 DESIGN PHASE SERVICES (Representative List)

4.2.1 Attend bi-weekly design review meetings.

4.2.2 Perform ongoing Constructability Reviews. The purpose is to determine if the design is actually buildable within budget and if the sequencing of construction can be improved.

4.2.3 Based on the results of the Constructability Reviews, the construction contractor and the A/E may need to work together to resolve problems. This is referred to as Design Resolution. The primary method of accomplishing Design Resolution is through a series of meetings, which may include major subcontractors and initial interviews with the subcontractors to discuss the technical assumptions made in pricing. If possible, an early submittal process during the Design Phase will also aid both parties in developing a more specific set of Construction Documents and in finalizing the design through the production of working drawings.

4.2.3.1 Develop a Construction Schedule current with the Design Resolution process.

4.2.4 Develop Value Engineering proposals, which will provide savings to the Government.

4.2.5 Identify subcontract bid packages and material procurement packages that could be advertised prior to the completion of construction documents. If GSA concurs that the project will benefit and if funds are available, GSA may elect to authorize the contractor to advertise and award subcontracts or material procurements for long lead-time items in advance of completion of Construction Documents.

4.2.6 Prepare construction cost estimate for the entire work in CSI modified Uniformat (verify format with Architect) based upon the final design development submission. If the estimate exceeds the Estimated Cost of Construction (ECC), the contractor shall take whatever actions may be necessary in conjunction with the Architect and GSA to reduce the cost of the work to within the ECC.

4.2.7 Revise the construction schedule, as required, to reflect changes that have occurred during design, building occupancy changes, and/or to reflect a more refined schedule for procurement of materials, subcontract buyout or construction. Provide updates at the Design Review meetings.

4.2.8 Prepare and process the application(s) for all necessary building permits. Monitor and expedite the permitting process as necessary to ensure that the construction permits are received in a timely fashion.

4.2.9 Monitor the development of the Construction Documents. Continue to provide Value Engineering and Constructability Reviews when requested by the design team and approved by GSA.

4.2.10 Verify that the Construction Documents reflect the existing conditions of the site.

4.2.11 Assist the Design Team and GSA with LEED Certification. The goal for this project is to achieve a LEED rating of Silver.

4.2.12 Participate in GSA Peer Review processes.

4.2.13 Develop shared project team management processes and protocols. Formulate recommendations on the cost benefit of project labor agreements.

4.3 CONSTRUCTION PHASE SERVICES (Representative List)

4.3.1 During construction the Contractor shall provide all services required of a general contractor and construction manager. Specific details of the work are provided below but they shall in no way limit the contractor's overall duty to provide CMc services.

4.3.2 The contractor shall conduct weekly progress meeting(s) and weekly subcontractor meeting(s) and maintain minutes for them. The contractor shall also be required to attend construction oversight meetings with representatives from GSA and the Design Team on a monthly basis. The contractor shall conduct site tours for GSA and other officials as required.

4.3.3 The contractor shall be responsible for: superintendence, ongoing coordination between crafts, job site safety, quality control, settling disputes between subcontractors, negotiating any Change Orders with the subcontractors (GSA expects the CMc to negotiate with subcontractors, but reserves the right to reject any subcontractor proposal), negotiating Change Orders with GSA, reviewing, coordinating and forwarding submittals and RFIs to GSA's Representative for action and for responding to all correspondence related to a subcontractor's inability or unwillingness to perform.

4.3.4 The contractor shall be responsible for general building layout, and for the coordination of layout work provided by separate trades for their own work, to insure that no conflict exists with the work of other trades. This work shall include the layout of all partitions and door openings, electrical panels, and fixed casework outlines (including knee spaces) on the floor slab prior to mechanical, plumbing, and electrical rough-in work.

4.3.5 The contractor shall provide sufficient staff of project managers, field engineers, superintendents, engineers, contractor Quality Control representatives, testing engineers, scheduling engineers, cost engineers, clerical and accounting personnel, etc. to ensure that change order proposals, RFIs, submittals, and correspondence are handled appropriately. Processes and time constraints will be negotiated by after award.

4.4 Construction Substantial Completion is defined as a level of construction, which allows the Government to occupy and operate the entire building or portions of the building according to a phased occupancy schedule. The only remaining work in the building shall not restrict occupancy or the normal business operations of the building tenants. Such remaining work is normally cited on a punchlist, which is included in the documentation of Substantial Completion.

SECTION 00700 - CLAUSES

00700.1 RESERVED

00700.2 52.203-3 GRATUITIES (APR 1984)

(Reference 3.202)

00700.3 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

(Reference 3.404)

00700.4 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)

(Reference 3.502-3)

00700.5 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

(Reference 3.104-9)

00700.6 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

ACTIVITY (JAN 1997)

(Reference 3.104-9)

00700.7 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JUN 1997)

(Reference 3.808)

00700.7.1 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT

(DEC 2008)

(Reference 3.1004(a))

00700.7.2 52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)

(Reference 3.1004(b))

00700.7.3 52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN

RECOVERY AND REINVESTMENT ACT OF 2009 (MAR 2009)

(Reference 3.907-7)

00700.8 552.203-70 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY

(SEP 1999)

(Reference 503.104-9)

00700.9 552.203-71 RESTRICTION ON ADVERTISING (SEP 1999)

(Reference 503.570-2 )

00700.10 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER

(AUG 2000)

(Reference 4.303)

00700.11 52.204-7 CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

(Reference 4.1104)

00700.12 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT (JUL 1995)

(Reference 9.409)

00700.12.1 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (SEPT 2007)

(Reference 4.1303)

00700.12.2 52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT—REPORTING

REQUIREMENTS (MAR 2009)

(Reference 4.1502)

00700.12.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984)

(Also see Clause No. 00800.1)

(a) commence work within __ calendar days after notice to proceed

(c) complete the entire work ready for use not later than __

00700.12.3 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEPT 2000)

(Also see Clause No. 00800.1)

(a) liquidated damages are $_________ for each calendar day

00700.13 52.211-13 TIME EXTENSIONS (SEP 2000)

(Reference 11.503)

00700.14 552.211-71 STANDARD REFERENCES (SEP 1999)

(Reference 511.204)

00700.15 552.211-72 REFERENCES TO SPECIFICATIONS IN DRAWINGS (FEB

1996) (Reference 511.204)

00700.16 552.211-84 NON-COMPLIANCE WITH CONTRACT REQUIREMENTS (FEB

1996) (Reference 511.404)

00700.17 52.215-2 AUDIT AND RECORDS--NEGOTIATION (JUNE 1999)

(Reference 15.209)

00700.17 52.215-2 I AUDIT AND RECORDS--NEGOTIATION – ALTERNATE I

(MARCH 2009)

(Reference 15.209(b)(2))

00700.18 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA

(OCT 1997)

(Reference 15.408(b))

00700.19 52.215-11 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA—

MODIFICATIONS (OCT 1997)

(Reference 15.408(c))

00700.20 52.215-12 SUBCONTRACTOR COST OR PRICING DATA (OCT 1997)

(Reference 15.408(d))

00700.21 52.215-13 SUBCONTRACTOR COST OR PRICING DATA-MODIFICATONS

(OCT 1997)

(Reference 15.408(e))

00700.22 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (DEC

1998) (Reference 15.408(g))

00700.23 52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT

1997) (Reference 15.408(i))

00700.24 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR

POSTRETIREMENT BENEFITS (PRB) OTHER THAN PENSIONS (OCT 1997)

(Reference 15.408(j))

00700.25 52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR

INFORMATION OTHER THAN COST OR PRICING DATA--MODIFICATIONS (OCT 1997)

(Reference 15.408(m))

00700.26 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE

SMALL BUSINESS CONCERNS (JAN 1999)

(Reference 19.1308)

00700.27 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2000)

(Reference 19.708(a))

00700.28 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (Jan 2002) (Reference 19.708(b))

00700.28.1 52.219-9 II SMALL BUSINESS SUBCONTRACTING PLAN – Alternate II (Oct 2001) (Reference 19.708(b)(1))

00700.29 52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999)

(Reference 19.708(b)(2))

00700.29.1 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (APR 2009)

(Reference 19.308(d))

00700.30 52.222-3 CONVICT LABOR (AUG 1996)

(Reference 22.202)

00700.31 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--

OVERTIME COMPENSATION (SEPT 2000)

(Reference 22.305)

00700.32 52.222-6 DAVIS-BACON ACT (FEB 1995)

(Reference 22.407)

00700.33 52.222-7 WITHHOLDING OF FUNDS (FEB 1988)

(Reference 22.407)

00700.34 52.222-8 PAYROLLS AND BASIC RECORDS (FEB 1988)

(Reference 22.407)

00700.35 52.222-9 APPRENTICES AND TRAINEES (FEB 1988)

(Reference 22.407)

00700.36 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB

1988) (Reference 22.407)

00700.37 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (FEB 1988)

(Reference 22.407)

00700.38 52.222-12 CONTRACT TERMINATION--DEBARMENT (FEB 1988)

(Reference 22.407)

00700.39 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT

REGULATIONS (FEB 1988)

(Reference 22.407)

00700.40 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

(Reference 22.407)

00700.41 52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988)

(Reference 22.407)

00700.42 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

(Reference 22.810)

00700.43 52.222-26 EQUAL OPPORTUNITY (APR 2002)

(Reference 22.810)

00700.44 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR

CONSTRUCTION (FEB 1999)

(Reference 22.810)

00700.45 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS,

VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS. (DEC 2001)

(Reference 22.1308)

00700.46 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES

(JUN 98)

(Reference 22.1408)

00700.47 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS,

VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (DEC 2001)

(Reference 22.1308)

00700.48 52.223-3 HAZARDOUS MATERIAL IDENTIFICTION AND MATERIAL

SAFTY DATA (JAN 1997)

(Reference 23.303)

00700.49 52.223-3 I HAZARDOUS MATERIAL IDENTIFICTION AND MATERIAL

SAFTY DATA—ALTERNATE I (JUL 1995)

(Reference 23.303)

00700.50 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION

(APR 1998)

(Reference 23.1005)

00700.51 52.223-6 DRUG-FREE WORKPLACE (MAR 2001)

(Reference 23.505)

00700.52 52.223-14 TOXIC CHEMICAL RELEASE REPORTING (OCT 2000)

(Reference 23.907)

00700.52.1 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS

(DEC 2007)

(Reference 23.206)

00700.52.2 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS

IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)

(Reference 23.406(e)

00700.53 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JULY

2000) (Reference 25.1103)

00700.54 52.227-1 AUTHORIZATION AND CONSENT (JUL 1995)

(Reference 27.201-2)

00700.55 52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (APR 1984)

(Reference 27.203-5)

00700.56 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

(Reference 28.106-4)

00700.57 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN

1997) (Reference 28.310)

MINIMUM INSURANCE -- EMPLOYERS LIABILITY: $100,000; BODILY INJURY:

$500,000 PER OCCURANCE; PROPERTY DAMAGE: $50,000; AUTOMOBILE BODILY

INJURY: $200,000 PER PERSON, $500,000 PER OCCURANCE; AUTOMOBILE

PROPERTY DAMAGE: $20,000; IF HAZARDOUS MATERIAL HANDLED, THEN POLLUTION

LIABILITY: $1,000,000

00700.58 52.228-11 PLEDGES OF ASSETS (FEB 1992)

(Reference 28.203-6)

00700.59 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (OCT

1995) (Reference 28.106-4)

00700.60 52.228-14 IRREVOCABLE LETTER OF CREDIT (DEC 1999)

(Reference 28.204-4)

00700.61 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (JULY

2000) (Reference 28.102-3)

00700.62 552.228-70 WORKERS'COMPENSATION LAWS (SEP 1999)

(Reference 528.310)

00700.63 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (JAN 1991)

(Reference 29.401-3)

00700.64 RESERVED

00700.65 RESERVED

00700.66 RESERVED

00700.67 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

(SEP 2002)

(Reference 32.111)

00700.68 52.232-17 INTEREST (JUNE 1996)

(Reference 32.617)

00700.69 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

(Reference 32.806)

00700.70 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JUN

1997) (Reference 32.908)

00700.71 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – CENTRAL

CONTRACTOR REGISTRATION (Oct 2003) (Reference 32.1110(a)(1)

00700.72 552.232-78 PAYMENT INFORMATION (JUL 2000)

(Reference 532.908)

00700.73 52.233-1 DISPUTES (JUL 2002)

(Reference 33.215)

00700.74 52.233-3 PROTEST AFTER AWARD (AUG 1996)

(Reference 33.106(b))

00700.74.1 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT

2004) (Reference 33.215(b))

00700.75 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

(Reference 36.501)

00700.76 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

(Reference 36.502)

00700.77 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE

WORK (APR 1984)

(Reference 36.503)

00700.78 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

(Reference 36.505)

00700.79 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

(Reference 36.506)

00700.80 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

(Reference 36.507)

00700.81 52.236-8 OTHER CONTRACTS (APR 1984)

(Reference 36.508)

00700.82 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

(Reference 36.509)

00700.83 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

(Reference 36.510)

00700.84 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

(Reference 36.511)

00700.85 52.236-12 CLEANING UP (APR 1984)

(Reference 36.512)

00700.86 52.236-13 ACCIDENT PREVENTION (NOV 1991)

(Reference 36.513)

00700.87 52.236-13 I ACCIDENT PREVENTION—ALTERNATE I (NOV 1991)

(Reference 36.513)

00700.88 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR

1984) (Reference 36.514)

00700.88.1 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

(Reference 36.515)

00700.89 52.236-17 LAYOUT OF WORK (APR 1984)

(Reference 36.517)

00700.90 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB

1997) (Reference 36.521)

00700.90.1 52.236-21 I SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION -

ALTERNATE I (APR 1984).

(Reference 36.521)

00700.90.2 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

(Reference 36.522)

00700.91 552.236-70 DEFINITIONS (APR 1984)

(Reference 536.570-1)

00700.92 552.236-71 AUTHORITIES AND LIMITATIONS (APR 1984)

(Reference 536.570-2)

00700.93 552.236-72 SPECIALIST (APR 1984)

(Reference 536.570-3)

00700.94 552.236-74 WORKING HOURS (APR 1984)

(Reference 536.570-5)

00700.95 552.236-75 USE OF PREMISES (APR 1984)

(Reference 536.570-6)

00700.96 552.236-76 MEASUREMENTS (APR 1984)

(Reference 536.570-7)

00700.97 552.236-77 SPECIFICATIONS AND DRAWINGS (SEP 1999)

(Reference 536.570-8)

00700.98 552.236-78 SHOP DRAWINGS, COORDINATION DRAWINGS, AND

SCHEDULES (SEP 1999)

(Reference 536.570-9)

00700.99 552.236-79 SAMPLES (APR 1984)

(Reference 536.570-10)

00700.100 552.236-80 HEAT (APR 1984)

(Reference 536.570-11)

00700.101 552.236-81 USE OF EQUIPMENT BY THE GOVERNMENT (APR 1984)

(Reference 536.570-12)

00700.102 552.236-82 SUBCONTRACTS (APR 1984)

(Reference 536.570-13)

00700.103 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)

(Reference 42.802)

00700.104 52.242-13 BANKRUPTCY (JUL 1995)

(Reference 42.903)

00700.105 52.242-14 SUSPENSION OF WORK (APR 1984)

(Reference 42.1305)

00700.106 52.243-4 CHANGES (AUG 1987)

(Reference 43.205)

00700.107 552.243-70 PRICING OF ADJUSTMENTS (APR 1989)

(Reference 543.205)

00700.108 552.243-71 EQUITABLE ADJUSTMENTS (APR 1984)

(Reference 543.205)

00700.109 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(Reference 46.312)

00700.110 52.246-21 WARRANTY OF CONSTRUCTION (APR 1984)

(Reference 46.710(e)(1))

00700.111 552.246-72 FINAL INSPECTION AND TESTS (SEP 1999)

(Reference 546.312)

00700.112 552.246-75 GUARANTEES (MAY 1989)

(Reference 546.710)

00700.113 RESERVED

00700.114 52.249-2 I TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(FIXED-PRICE)—ALTERNATE I (SEP 1996)

(Reference 49.502(b)(1)(ii)

00700.115 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

(Reference 49.504)

00700.116 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

(Reference 53-111)

00700.117 RESERVED

00700.118 RESERVED

00700.119 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 its ownership has occurred, or is certain to occur, that 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 that meet the applicability requirement of FAR 15.408(k).

(End of clause)

00700.120 52.225-23 Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials Under Trade Agreements (Mar 2009) (Reference 25.1102(e))

(a) Definitions. As used in this clause— “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.

“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.

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

“Free trade agreement (FTA) country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of an 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 an 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.

“Manufactured construction material” means any construction material that is not unmanufactured construction material.

“Recovery Act designated country” means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) 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 (FTA)(Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore); or

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, 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).

“Recovery Act designated country construction material” means a construction material that is a WTO GPA country construction material, an FTA country construction material, or a least developed country construction material.

“Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.

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

“Unmanufactured construction material” means raw material brought to the construction site for incorporation into the building or work that has not been—

(1) Processed into a specific form and shape; or

(2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.

“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) The restrictions of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) and the Buy American Act (41 U.S.C. 10a–10d) do not apply to Recovery Act designated country construction material. Consistent with U.S.

obligations under international agreements, this clause implements—

(i) Section 1605 of the Recovery Act by requiring, unless an exception applies, that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States;

and

(ii) The Buy American Act by providing a preference for unmanufactured domestic construction material.

(2) The Contractor shall use only domestic or Recovery Act 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:

[Contracting Officer to list applicable excepted materials or indicate “none”.]

(4) The Contracting Officer may add other 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.

(A) The cost of domestic iron, steel, or other manufactured goods used as construction material is unreasonable when the cumulative cost of such material will increase the overall cost of the contract by more than 25 percent;

(B) The cost of unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

(iii) The application of the restriction of section 1605 of the Recovery Act or the Buy American Act to a particular construction material would be inconsistent with the public interest.

(c) Request for determination of inapplicability of section 1605 of the Recovery Act or 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) Cost;

(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)(4) of this clause.

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

(iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty.

(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 section 1605 of the Recovery Act or 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 cost 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 section 1605 of the Recovery Act or the Buy American Act applies, use of foreign construction material other than that covered by trade agreements is noncompliant with the applicable 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:

Construction Material Description

Unit of Measure Quantity Cost (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.]

Foreign and Domes

(End of clause)

00700.121 552.232-70 INVOICE REQUIREMENTS (SEP 1999)

(Reference 532.111) (Also see Clause No. 00800.1)

(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 provided below or on the order.

ACT Number (Contracting Officer to insert number after award)

(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:

(Contracting Officer to list additional requirements.)

(End of clause)

00700.122 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 this/these address (es):

http://www.acqnet.gov/AcqNet/text/Library/Other/regs.html

(End of clause)

00700.123 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal

Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any GSA Acquisition

Regulation (48 CFR Chapter 5) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

00700.124 CONSTRUCTION MANAGER AS CONSTRUCTOR (CMC) GUARANTEED

MAXIMUM PRICE WITH CONSTRUCTION CONTINGENCY ALLOWANCE AND OPTIONAL

SHARED SAVINGS

(a) General. There are two components of work to be performed under this Contract: Design Phase Services and Construction Phase Work. The Construction Phase Work is an option. The Contractor shall complete the Design Phase Services for the firm fixed price set forth in the Contract Price Schedule, such services to be directed toward completion of the design and establishment of an Estimated Cost of the Work (ECW) agreed upon by the Contractor and the Contracting Officer based upon a target established at award and a Construction Contingency Allowance (CCA). The CCA shall be a percentage (as specified elsewhere in this Contract) of the ECW established in connection with the Design Phase Services. If the sum of the ECW, CCA and Fee is greater than the GMP, the Fee shall be adjusted to reduce that sum to the GMP. If the sum of the ECW, CCA and Fee is less than the GMP, the GMP shall be adjusted to that sum. If the Government exercises the Option for the Construction Phase Work, the Contractor shall complete the Construction Phase Work.

In consideration for the completion of the Construction Phase Work, the Contractor shall be entitled to the Cost of Performance not to exceed the GMP. If the Cost of Performance is less than the GMP, the Contractor additionally shall be entitled to the specified percentage, if any, of the difference between the Cost of Performance and the GMP, as shared savings. If the Cost of Performance is equal to or greater than the GMP, the Contractor shall not be entitled to additional compensation exceeding the GMP.

(b) Definitions. The following definitions shall apply to this clause:

1. “Construction Contingency Allowance” (CCA) is the component of the GMP intended to cover Construction Contingency Costs.

2. “Construction Contingency Costs” means Costs incurred by the Contractor in the performance of the Construction Phase Work in excess of the ECW.

3. “Construction Phase Work” means 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 final specifications and construction drawings reflecting the completed design, excluding Design Phase Services.

4. “Cost of Performance” means the final sum of Cost of the Work and Fee.

5. “Cost of the Work” means Costs actually incurred by the Contractor in the performance of the Construction Phase Work.

6. "Costs" means allowable direct costs in accordance with Part 31 of the Federal Acquisition Regulation (FAR) in effect on the date of this Contract; marked up costs paid to subcontractors shall be deemed direct costs of the Contractor.

7. “Design Phase Services” means the design phase construction management services, constructability reviews and other related services as described in this Contract.

8. “Estimated Cost of the Work” (ECW) means the Costs estimated by the Contractor for the Construction Phase Work as agreed to by the Contracting Officer.

9. “Fee” means the fixed amount established in the Contract for all of the Contractor's indirect costs and profit for the Construction Phase Work to be included in the determination of the GMP.

10. “Guaranteed Maximum Price” (GMP) means the fixed amount established in the Contract limiting the Government's obligation to pay for the performance of the Construction Phase Work.

(c) Adjustment of ECW and GMP. After award of the Construction Phase Work Option, the ECW shall be subject to adjustment for changes and any other conditions giving rise to entitlement to an adjustment under this Contract. The GMP shall not be subject to a like adjustment, except to the extent that:

1. The Contractor is entitled to an adjustment under a Contract clause other than the Changes clause;

2. The Contracting Officer directs a change to the Construction Phase Work not related to the existence of design errors, omissions, or constructability issues, and characterization of such direction as a change is not predicated upon the existence of such issues;

3. Construction Contingency Costs attributable to Changes other than Changes described in subparagraph (c)2. cumulatively exceed the CCA established at award of the Construction Phase Option; or

4. The ECW is adjusted to account for deletion of work, and the adjusted ECW is less than the ECW established at the time of award of the Construction Phase Work Option.

(d) Conditions for Exercise of the Construction Phase Work Option.

The Construction Phase Work Option may be exercised upon acceptable completion of the Design Phase Services and establishment of the ECW.

The Government may exercise the Construction Phase Work Option within 120 days of the establishment of the ECW. In the event that the Government decides not to award the Construction Phase Work Option to the Contractor, for whatever reason, the Government may restrict the subsequent competition to those offerors (excluding the Contractor as an offeror or teamed with any other offeror) that submitted best and final offers in response to the original procurement. In the follow-on procurement, the Government may use, incorporate and/or make available any information, documents, and/or concepts derived, submitted or otherwise provided to the Government by the Contractor in connection with the Design Phase Services.

(e) Conversion to a Firm-Fixed-Price Contract Prior to Final Settlement. At any time prior to final settlement, the Contracting Officer may request that the Contractor provide a firm fixed price proposal for the Construction Phase Work. The price shall include all markups including profit. Within 60 calendar days, the Contractor shall provide such a proposal. Within 60 calendar days of receipt of the proposal, the Contracting Officer shall have the right to convert the Contract to a firm fixed price contract at the offered price or as otherwise negotiated by the parties to this Contract, so long as such price is less than or equal to the GMP. If the parties to this Contract negotiate and establish a firm fixed price prior to the exercise of the Construction Phase Work Option, then the Contracting Officer shall have the right, but not the obligation, to exercise the firm fixed price option within 120 calendar days of the establishment of that price. If the Contract is not converted to firm-fixed-price contract, then the Final Settlement of the Contractor’s compensation shall be determined in accordance with paragraph (f).

(f) Determination of Final Settlement.

1. Proposal for the Cost of the Work. The Contractor shall submit a Final Settlement Proposal within 120 days of substantial completion, to determine the Cost of the Work. That proposal shall consist of:

A. A detailed statement of all Costs incurred by the Contractor in performing the Construction Phase Work;

B. A firm fixed price proposal for the performance of the remaining work, if any, that may be necessary to complete performance of all work required under the Contract;

C. A list of inventory retained by the Contractor and its residual value;

D. An executed Release of Claims, which must describe any and all exceptions, including a description of any outstanding claims; and

E. Any other relevant data that the Contracting Officer may reasonably require.

2. Determination of the Cost of the Work. The Cost of the Work shall be the sum of all Costs incurred by the Contractor in performing the Construction Phase Work, the proposed fixed price for performance of remaining work, if any, less the residual value of any Contractor retained inventory. In order to determine the Cost of the Work, the Contracting Officer may require an audit of the Contractor’s records and/or the Contractor’s Proposal. Establishment of the Cost of the Work shall be subject to negotiation between the Government and the Contractor. In the event that the parties are unable to reach agreement, the Contracting Officer may unilaterally determine the Cost of the Work, and such determination shall be subject to the clause titled "Disputes."

3. Determination of the Shared Savings. The Cost of Performance shall be determined by adding the Cost of the Work and the Fee. If the Cost of Performance is equal to or greater than the GMP, the Contractor is not entitled to any additional compensation. If the cost of Performance is less than the GMP, the Contractor is entitled to the specified percentage, if any, of the difference between the GMP and the Cost of Performance, as Shared Savings.

4. Final Settlement. The Final Settlement amount shall consist of the Cost of Performance, if less than the GMP, together with the Contractor’s portion of shared savings, if any. This Final Settlement amount shall be the Contractor’s total compensation due under the Contract.

(g) Government Use of Shared Savings Prior to Completion of Construction Phase Work. In the event during the course of the performance of the Contract that both parties to the Contract agree that Shared Savings are available to fund additional work, the Government may add additional work to the Contract by funding it with its share of the anticipated savings. Use of such funds shall not diminish the Contractor’s entitlement to a percentage of the Shared Savings.

(h) Subcontracts. No subcontract placed under this Contract may provide for cost-plus-a-percentage of cost. Any costs incurred by the Contractor as a result of such a subcontract shall not be included in the Cost of the Work or the Final Settlement. Nothing herein prohibits or prevents the Contractor from using any contract type with its subcontractors otherwise allowable under Part 16 of the Federal Acquisition Regulation, including but not limited to Guaranteed Maximum Price contracts.

(i) Design Recommendations. The Contracting Officer’s decision to accept or reject all or part of any proposal by the Contractor related to design shall be final and not subject to the Disputes Clause.

(j) Termination. If this Contract is terminated, the Contractor is not entitled to Shared Savings.

(k) “Open Book” Access. At any time prior to converting the Contract to a firm-fixed-price contract, the Government and/or its representatives shall have the right, but not the obligation, to attend any and all project meetings. In addition, the Government and/or its designated auditors and/or accountants shall have access to any and all records maintained by the Contractor relating to the project. The Contractor shall additionally include this requirement for “Open Book” Access for the Government in its subcontracts.

(l) Payments. Progress payments for work performed under the Construction Phase Work Option shall be made as specified elsewhere in this Contract based upon a schedule of values allocating the ECW and Fee to the itemized work activities. If this Contract is converted to a firm fixed price contract, the Contractor shall revise the schedule of values allocating the unpaid balance of the fixed price to the itemized work activities remaining uncompleted, and the revised schedule of values shall be the basis for remaining progress payments.

00700.125 SCOPE OF CONSTRUCTION PHASE WORK, ESTABLISHMENT OF ECW, AND

CONSTRUCTION PHASE WORK OPTION.

(a) The final specifications and construction drawings developed during the Contractor's Design Phase Services shall be deemed incorporated into the Contract Documents upon completion of design, and shall supersede and replace all design information contained in the Contract Documents at award of the Contract. However, the Contractor's obligation to complete the Construction Phase Work shall be conditioned upon the Contracting Officer's exercise of the Construction Phase Work Option.

(b) The Contractor shall propose the ECW based upon the design information contained in the Contract Documents, but shall not be obligated to propose the ECW prior to completion of the final specifications and construction drawings.

(c) In its ECW proposal, the Contractor shall affirm in writing that:

(i) It has satisfied itself that the Project as described in the final specifications and construction drawings is constructible using commercially practicable means and methods;

(ii) It has satisfied itself that the Work has been sufficiently described to enable it to estimate the Cost of the Work with reasonable accuracy; and

(iii) It has disclosed to the Contracting Officer all of its actual knowledge relating to omissions of design information that may affect the Cost of the Work.

(iv) It acknowledges that the ECW and time established for completion shall not be adjusted on account of cost or time attributable to discovered omissions of design information required to be disclosed under paragraph III.A.2(b).

(d) The ECW shall be established upon the Contracting Officer's written acceptance of the Contractor's ECW, but the Contracting Officer shall not be under any obligation to accept the ECW if the Contractor has not furnished the written affirmation described in paragraph (c).

(e) The Government may exercise the Construction Phase Work Option if and only if the ECW has been established as set forth in this paragraph.

00700.126 ACCOUNTING RECORDS.

(a) The Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract; the accounting and control systems shall be satisfactory to the Government. The Government and the Government’s accountants or Government’s authorized representative shall be afforded access to and shall be permitted to audit and copy the Contractor’s records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and the Contractor shall preserve these for a period of three years after the final payment, or for such longer period as may be required by law.

(b) The records subject to audit, examination, and copying include, but are not limited to, accounting records, written policies and procedures, subcontract files (including all proposals from all bidders, and bid recaps, etc.), estimates and takeoff sheets, correspondence, change order files (including all proposals and estimates, supporting documentation, and documentation covering negotiated pricing regardless of whether the work was performed on a lump-sum, cost plus, or unit price basis), backcharge logs and related supporting documentation, general ledger entries detailing cash and trade discounts, insurance rebates, and discounts, purchase orders, leases, contracts, commitments, notes, daily diaries, superintendents reports, drawings, and all other documents and sources of information and matters which may, in the Governments sole discretion, have any bearing on, or pertain to any matters, rights, duties, obligations related to the Contract Documents (all of the above hereinafter referred to as “Records”). The foregoing Records shall be subject to inspection and audit by the Government or its authorized representative for, but limited to evaluating and verifying: (1) Contractor compliance with Contract requirements; (2) Compliance with pricing Change Orders, invoices, Applications for Payment, or claims submitted by the Contract Manager or any of its Subcontractors at any tier, vendors and suppliers. In addition, Records subject to audit and examination shall also include those records necessary to evaluate and verify all direct and indirect costs, including overhead and payroll tax and fringe benefit allocations, as they may apply to costs associated with the Contract.

(c) If requested by the Government, the Contractor shall promptly deliver to the Government or its designee copies of all Records related to the Project, in a form acceptable to the Government. The Contractor shall provide to the Government or its authorized representative such Records maintained in an electronic format in a computer readable format on data disks or suitable alternative computer data exchange formats.

(d) The Contractor shall include similar provisions in its Subcontractor Agreements which require the Subcontractor and Sub-subcontractor to keep Records and to permit audits by the Government as is required of the Contractor.

(e) The Government and its authorized representatives shall have access to the Contractor’s facilities, shall be allowed to interview all current and former employees to discuss matters pertinent to the Contract, and shall have access to all necessary Records and to be provided adequate work space, in order to conduct audits and examinations.

(f) If any audit or examination of the Contractor’s Records discloses total findings resulting in overpricing or overcharges by the Contractor to the Government in excess of one-quarter percent of the total contract billings, in addition to repayment of the overcharge, the actual cost of the audit shall be reimbursed to the Government by the Contractor, unless otherwise agreed to by the Government and the Contractor.

(g) The Government shall be entitled to audit all Change Orders, including lump-sum Change Orders, to determine whether the proposed costs as represented by the Contractor and any of its Subcontractors are in compliance with the Contract. If it is determined that the costs proposed under a Change Order, including lump-sum Change Orders, are not in compliance with the Contract, the Government reserves the right to adjust the amount previously approved and included in the Change Order.

(h) If the Contractor fails to comply with any conditions in the Accounting Records Clause, the Government is entitled to withhold up to 20% from each payment request submitted by the Contractor until such deficiencies are corrected.

(i) These requirements regarding accounting records shall not mitigate, lessen nor change any other requirements in the Contract regarding audits, payment submissions, records, or records retention.

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

00800.1 CLAUSE COMPLETIONS

Information needed to complete the following clauses will be furnished by the Contracting Officer before initiating negotiations of the price for Construction Phase Services:

00100.14 Goals for Subcontracting Plan

00700.57 Insurance – Work on a Government Installation

00700.117 Commencement, Prosecution, and Completion of Work

00700.118 Liquidated Damages--Construction

00700.121 Invoice Requirements

00800.9 Pricing Construction Phase Services

00800.2 BONDING, INSURANCE AND SUBCONTRACTING PLAN SUBMITTALS

The Contracting Officer will establish submission dates for Performance and Payment Bonds, Certificate of Insurance, and Subcontracting Plan before initiating negotiations for the price for Construction Phase Services.

00800.3 DESIGN PHASE SERVICES, LABOR EMPLOYED

Design Phase services are expected to employ persons that bona fide executive, administrative or professional capacity only. If the contractor elects to utilize employees that would be subject to either the Service Contract Act or Davis Bacon Act, in performing services required during the Pre-Construction Phase, the contractor shall provide written notice to the Contracting Officer.

00800.4 KEY PERSONNEL

The following individuals/positions are considered KEY PERSONNEL:

Senior Project Manager and/or Project Manager

Substitutions shall not be made without prior written approval by the Contracting Officer.

00800.5 PARTNERING

The Government is interested in formulating a cohesive partnership,…