800.doc

SECTION 00800 - SUPPLEMENTARY CONDITIONS

1. GENERAL:

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

1.02 CLAUSES AND PROVISIONS: The designation 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 Regulations and GSAM refers to the General Services Administration Acquisition Regulations. 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 which appears in the FAR or GSAM.

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 within one (1) calendar day after the date the Contractor receives notice to proceed.

B.

Prosecute the work diligently, and:

C. Complete the contract work ready for use not later than _365 calendar days) after effective notice to proceed. The time stated for completion shall include final cleanup of the premises.

2.02 FAR 52.211-12 - LIQUIDATED DAMAGES - CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of _$3,000_ [Contracting Officer insert amount] 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. (End of clause)

3. INSURANCE:

3.01

INSURANCE:

The contractor must refer to the clauses "Insurance Work on Government Installation" and "Insurance" of the Construction Contract Clauses (Fixed-Price). The coverages specified below, pursuant to subpart 28.307 of the Federal Acquisition Regulation (FAR), are the minimum insurance required. NOTE: The clause "Insurance" requires that "the United States of America, acting by and through the General Services Administration" be named as an additional insured.

A.

Workers' Compensation and Employers' Liability. Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employers' liability section of the insurance policy, except when contract operations are so commingled with a contractors' commercial operations that it would not be practical to require this coverage. Employers' liability coverage of at least $100,000 shall be required, except in the States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

B.

General Liability.

(1) The contractor shall provide bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property Damage liability insurance shall be required only in special circumstances as determined by the agency.

C.

Automobile Liability. The contractor shall provide automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

4.

Resource Conservation and Recovery Act (RCRA) and “Greening the Government Through Waste Prevention, Recycling and Federal Acquisitions (E.O. 13101)

GSA’s policy is to procure and use products containing post-consumer content (recycled material). In order to promote the utilization of recovered materials in the manufacture of building products to the maximum extent practicable, the minimum content standards in Tables, below, have been established by EPA. If this solicitation provides for the use of building products for which a minimum content standard is not contained in the table, the contractor shall use its best efforts to provide building products with the maximum percentage of recovered materials. The Environmental Protection Agency (EPA) has published Comprehensive Procurement Guidelines (CPG) items and their associated Recovered Materials Advisory Notices (RMANs) on the internet at http;://www.epa.gov/cpg. The following CPG items have been identified associated with this solicitation.

TABLE 1. -- MINIMUM CONTENT STANDARDS FOR RECOVERED MATERIALS IN BUILDING INSULATION PRODUCTS

Plastic rigid foam, polyisocyanurate/

Polyurethane: Rigid Foam Insulation

Plastic 90-100

90-100

Plastic or Plastic Blends 90-100

90-100

Latex Paint

- Consolidated

- Reprocessed

-White, Off-White, Pastel Colors

-Grey, Brown, Earthtones and other dark colors

Recovered Material

Recovered Material

Recovered Material

50-99

50-99

Steel (BOF)

Steel (EAF) 20-100

20-100

25-30

Carpet Cushion:

--Bonded Polyurethane

--Jute

--Synthetic Fibers

--Rubber Old Carpet Cushion

Burlap

Carpet Fabrication Scrap

Tire Rubber 15-50

60-90 15-50

60-90

Railroad Grade Crossing Surfaces

--Concrete

--Rubber

--Steel

Coal Fly Ash

Tire Rubber

Steel (BOF)

Steel (EAF)

15-20

85-95

25-30

5. SITE CONDITIONS:

5.01

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 used by the Contractor.

The indications of physical conditions on the drawings and in the specifications are the result of site investigations by others. All field dimensions and conditions must by verified by the Contractor prior to commencing work.

(End of clause)

6. EMPLOYMENT PRACTICES:

6.01 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.

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

Goals for minority Goals for female participation participation for each trade for each trade

36% 8%

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 National Capitol Region.

(End of provision)

PROMPT PAYMENT: (Payments under this contract will be made in accordance with the terms of the Prompt Payment Clause listed in the Construction Contract Clauses (Fixed Priced).)

A.

The Contractor shall attend payment meetings each month scheduled herein, with the designated Government representative, prior to the submission of the contractor's progress payment invoice (payment request). These may be held in conjunction with the progress meetings held pursuant to Section 00120, Progress Meetings, or the coordination meetings held under Section 01205, Procedures and Controls or Section 01040, Project Coordination, as 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 contract. The purpose of the payment meetings is to enable the contractor and the Government representatives 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 paying amounts. The schedule for payment meetings is as follows:

A schedule will be determined at the pre-construction conference.

B.

The contractor shall submit the original invoice to the Contracting Officer's representative (COR) or, if a contract is being administered with the assistance of a CQM or CM contractor, a copy to such contractor as follows (separate payment request shall be submitted for progress payments, payments of retainage, and partial or final payments):

To be determined at the pre-construction meeting

C.

Payment request 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 the 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.

D. 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 552.232-72, Invoice Requirements), it will be returned to the contractor for appropriate action. If there is any disagreement over the payment amount, the Contracting Officer may pay the portion of the requested payment that is not in dispute.

8. INVOICE REQUIREMENTS:

When an invoice is required to be submitted under this contract, the Contractor shall submit it in accordance with the following clause:

8.01 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 provided below or on the order.

ACT Number (Contracting Officer insert number)

(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. Name of the business concern and invoice date.

2. Contract number.

3. Delivery order number or other authorization for delivery of property or services.

4. Item number, national stock number (NSN) or other product identification number, description, price, and quantity or services actually delivered or rendered.

5. Shipping and payment terms.

6. Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent. The “remit to” address must correspond to the remittance address in the contract.

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

8. A certification of payment form (GSA Form 2419). (See the Construction Contract Clauses).

9. For final payment, a release of claims. (See the Construction Contract Clauses).

10. Information necessary to enable the Government to make payment by wire transfer shall be furnished in accordance with the Method of Payment clause of this contract.

To assist the Government in making timely payments, the Contractor is requested to furnish the following additional information either on the invoice or on an attachment to the invoice. Revised construction schedule showing actual progress to date. For purposes of the Invoice Requirements Clause (GSAM 552.232-70)‚ the term “office designated to receive invoices” shall be the Contracting Officer’s Representative (COR). (End of Clause)

9. SECURITY REQUIREMENTS

1 September 2006

General Services Administration

National Capital Region

Public Building Services

Contract Suitability Program

HSPD-12 Implementation and Process

PURPOSE

Consistent with the Homeland Security Presidential Directive – 12 (HSPD), and the Memorandum of Agreement (MOA) between the General Services Administration (GSA) and the Department of Homeland Security (DHS), Federal Protective Service (FPS) the procedures for processing Contractor Employee (CE) background investigation (BI) packages under the Contract Suitability Adjudication (CSA) Program have been revised. This document provides the new requirements and procedures to be followed for initiating investigation within the National Capital Region. When a favorable suitability determination is rendered by the FPS, it may result in eligibility to be issued a Personal identity Verification (PIV) credential used as an access “badge” for Federal Employees and contractor personnel within the National Capital Region (NCR)

SCOPE

These policies and procedures provide guidance for initiating and submitting BI for CE personnel working in federal facilities under GSA jurisdiction in NCR.

BACKGROUND

In accordance with the changes in the MOA, GSA NCR no longer submits investigative packages for contractor personnel through Central Office.

PROCESS

1. INVESTIGATIVE GUIDELINES

A. Every CE requiring unescorted physical access to GSA owned or leased facilities and/or logical access to federal Information Technology (IT) systems, will receive an appropriate BI. The scope of the BI will depend on the risk level of the contractor position.

B. The DHS FPS CSA Regional staff has overall responsibility for processing investigations consistent with HSPD-12 requirements and standards.

C. CE fingerprints may be taken by DHS law enforcement personnel, other law enforcement personnel, contractor company security staff or other government employee or in some cases a cleared company, contractor security staff.

D. The FD 258 fingerprint form is used. All FBI Form: FD 258 – Applicant fingerprint Card (white/Blue ink) require the signature of the person fingerprinted, and the signature of the individual taking the fingerprints.

a. CE or applicant shall appear in person and provide two forms of identity source documents in original form to individual or agency taking fingerprints to prove identity.

b. The identity source documents must come from the list of acceptable documents listed on the DHS US Citizenship and Immigrations Services (CIS) Employment Eligibility Verification I-9. (Attachment 2) At least one document whall be a valid State or Federal government issued picture identification (ID).

The FPS Contract Suitability Adjudication Program has procedures in place to accept the GSA position sensitivity determinations and the risk level of each CE position. These procedures are consistent with the definition under HSPD-12 guidance and the GSA/DHS FPS MOA. Provided below are guidelines and additional information to assist in determining appropriate risk classification:

2. RISK ASSESSMENT

Guideline

IDs

- SF 85P (e-QIP)

- FD 258

- Credit Authorization Release (GSA Form 3665)

- Contractor Information Sheet

Background Investigation

Full, Minimum (MBI) or Limited (LBI) Favorable Review of Forms

Favorable FBI fingerprint, CIS and Law Enforcement Checks

Scheduling of BI, MBI or LBI

(Examples)

Contractors and IT personnel requiring access to classified areas or information

MODERATE

National Agency Checks with Law Enforcement and Credit Agencies checks

(NACLC/NACIC)

Favorable Review of Forms

Favorable FBI fingerprint, CIS and Law Enforcement Checks

Scheduling of NACLC/NACIC (Examples)

IT-help desk, In-house Admin staff and contractors requiring a higher level of security clearance

IDs

- SF 85P (e-QIP)

- FD-258

- Contractor Information Sheet National Agency Checks with Written Inquires

(NACI)

Favorable Review of Forms

Favorable FBI Fingerprint, CIS and Law Enforcement Checks

Scheduling of the NACI

(Examples)

Contractors working outside that do not require credentials: Landscapers, Trash/Recycle, Some Construction (determined by project), and window washers. ALSO temp. contractors without an escort NOTE: Only if they don’t get HSPD-12 credentials

3. Position Sensitivity - (High, Moderate & Low) – Federal Agency determines by the position potential for adverse impact to the efficiency and integrity of the service.

High Risk: Those sensitive positions that have the potential for exceptionally serious impact on duties especially critical to the agency mission with broad scope of policy or program authority.

Moderate Risk: Those sensitive positions that have the potential for moderate to serious impact on duties very important to the agency mission with significant program responsibilities and delivery of customer services to the public.

Low Risk: Those non-sensitive positions include those positions with potential for impact on duties of limited relations to the agency mission.

4. Contracting Officer/Contracting Officer Technical Representative (CO/COTR):

The Contracting Officer (CO) or Contracting Officer’s Technical Representative (COTR) must furnish to FPS Contract Suitability Adjudication Program staff the CE’s background investigation information using the FPS HSPD-12 PSI Contractors Info Worksheet (Attachment 1)

After the background investigation package is received, it will be checked for accuracy. The following is a brief summary of the CE background processing steps:

5. Step by Step Procedures

2.02.1.1.1.1 Contractor Personnel – Background Investigation Processing Procedures

1. CE/COR/COTR/ will complete the FPS HSPD-12 PSI CONTRACT INFO WORKSHEET (Attachment 1) and review for accuracy and completeness. COTR/Coordinator will send the completed worksheet to the GSA NCR BID room (Room 1065) security processing section for further review. The GSA security processing section will validate completeness of the form prior to transfer to DHS FPS Regional CSA Section. Incomplete forms will be returned to COTR/Coordinators for correction.

(Approximate time frame within 24 hours)

2. Upon receipt of the FPS HSPD-12 Form, the FPS staff will conduct the appropriate BI, (i.e.: NAC, Law Enforcement and CIS Checks as well as inquiry into the Office of Personnel Management (OPM) Personnel Investigations Processing System (PIPS) for any previous completed background investigation(s). If the OPM PIPS check reveals a previous favorable investigation, it will be ordered. If there is no previous and current within scope BI, FPS staff will then enter the CE information required for the OPM Electronic Questionnaires for Investigations Processing, (e-QIP) system access and provide an email notification to the CE to access the internet e-QIP Portal and complete the indicated security forms.

(Approximate time frame 48 Hours after receipt from GSA)

3. CE has 7 working days to enter e-QIP and enter and re-enter to complete the security forms after receipt of E-Mail invitation. Any requirement for extensions should be brought to the DHS FPS CSA staff who sent the e-QIP invitation.

(Approximate time frame up to 7 Working Days)

4. Upon CE completion of the forms and e-QIP acceptance of the security questioner form, the system will generate a general release form, a medical release form and an e-QIP Investigation Request # attached. The CE will sign the release form and [together with two (2) copies of completed fingerprint card, a copy of two (2) picture ID’s (approved list of acceptable ID’s, Attachment 2) and if categorized Moderate or High Risk a signed Credit Check waiver form (Attachment 4) supply all forms to the GSABID room security processing staff. (All forms will contain the e-QIP Investigation request number) (Approximate time frame 48 hours)

5. The CE will present a copy of the two(2) acceptable ID’s (See Attachment 2) to accompany the hard copy forms and two (2) completed fingerprint cards unless a live scan type device is used with results going to FPS. Upon receipt of forms identified above FPS will submit Fingerprint cards to the FBI for processing and initiate preliminary background and credit checks. Fingerprint results should take from 3-5 days to be completed and results provided to Credentialing Official at NCR.

(Approximate time frame 3-5 days) Approximate possible time for the entire process depending on completion times is 15-25 working days.

6. If the CE fails to submit security documents or respond completely to inquires made by the DHS FPS CS Adjudication staff member within 15 calendar days, the CE will no longer be considered for an “Enter-On-Duty” determination by the COTR, and the Vendor and the CE will be notified of this decision in writing.

7. When requested and the DHS PFS CSA staff is in receipt of favorable NAC results, the CO/COTR will be notified of a Pre-Favorable Determination.

8. The CO/COTR will complete the credentialing application form, submit it to Credentialing Office (Rm 1912 ROB), and schedule and notify CE for appointment to process for a PIV Credential

9. FPS CS Adjudication Staff will schedule the background investigation case to OPM – Boyers, PA for investigation processing.

10. If the final suitability decision made based on the results from OPM investigation and under 5 CFR 731 criteria for suitability is favorable the CE’s case is completed.

11. The PBS coordinator and the CE are notified of the final suitability decision by email or letter.

12. When any and all suitability issues are resolved, the CE should be approved for entry on duty. The final favorable contract Employment Suitability Letter from FPS will be forwarded to the COTR and should be filed in the CE’s Personnel Security file.

13. In cases of “Unfavorable” Final Suitability decision letter, the CE will be removed from GSA controlled space immediately. The CE is provided appeal rights from the FPS Headquarters Specialist.

14. The CE has 30 days to appeal after receiving any unfavorable notice... CE has no appeal rights after the date stamped on the unfavorable letter.

15. The COTR is required to provide a list of any action changes regarding sponsorship of vendor personnel staff to FPS CS Adjudication staff. This will included any resignations, terminations or other offers of federal employment.

16. A copy of the “Certificate of Investigations” and the “Results of Investigation” letter will be sent to the COTR and filed in the CE’s Personnel Security file.

The appropriate investigation must be initiated and a favorable NAC (including fingerprint and name check completed), prior to the issuance of a Badge (Credential).

GSA Child Care Workers background investigation criteria under HSPD-12 are under review as of July 2006. GSA/FPS agreement is to continue current investigation status until further notice.

6. Administrative Information

CE Background Investigation packages to FPS/Contract Suitability Adjudication Staff – Regional Offices:

A. All CE background investigation packages will be delivered to BID Security processing section Room 1065 ROB for processing.

B. BID room security processing section will review investigative packages for completeness prior to forwarding to FPS NCR for processing. Incomplete forms will be returned to CO/COTR.

C. HSPD-12 Coordinators at each division shall be the focal point for coordination of all aspects of HSPD-12 processing and notifications of favorable fingerprint checks and completed investigations for their division.

D. Coordinators for each division are listed in Attachment 3.

7. RESPONSIBILITIES

Contracting Officers/Contracting Officer Technical Representatives (CO/COTR)

Quality check, complete as necessary and submit the FPS HSPD-12 PSI Contractors Info Worksheet (Attachment 1) to the HSPD-12 processing office in the BID Room (RM 1065), Regional Office Building. Forms should be reviewed for completeness and accuracy prior to submission. CO/COTR will also submit (upon completion of security form in e-QIP) the CE’s signed waiver form, two completed fingerprint cards, and a copy of two forms of ID of the applicant, along with a credit check waiver (Attachment 4) if the applicant is being processed for a moderate or high risk investigation. (e-QIP Investigation Request # is required on all submitted forms). Upon receipt of notification of favorable fingerprint check, the CO/COTR will complete credentialing application and schedule CE for credential (Badge) processing.

CE (Contractor Employee)

The CE is responsible for providing CO/COTR accurate information necessary to complete the FPS HSPD-12 PSI Contractors Info Worksheet (Attachment 1). Upon receipt of notification of an invitation to enter the e-QIP system, CE will enter the e-QIP system and complete the computer based security investigation form (Completion required within seven working days of notification). Upon successful completion and acceptance the system will generate a (1) general release form (2) medical release form and (3) a Investigation Request #. The CE will sign the waiver form, have two fingerprint cards completed (FD 258), make a copy of two different forms of a photo ID (acceptable ID see attachment 2) along with any additional requirements identified and provide all forms and information to the CO/COTR. CE will make sure that the Investigation Request # from the e-QIP registration form is annotated on all the above forms prior to providing them to the CO/COTR. When GSA is notified of a Prefavorable or final Favorable determination has been, the CE will be scheduled by their CO/COTR to be processed for their credentials/Badge.

GSA ROB Credentialing Office

Upon receipt of notification of either a Pre-favorable or completed Favorable investigation the credentialing officials will notify either the CO/COTR or the Division HSPD-12 coordinator (Attachment 3) of the notification and the requirement to schedule the individual for credential or ID Badge processing. The credentialing office will notify on a weekly basis the HSPD-12 processing office (BID Room) or Program Manager of the names and numbers of individuals processed during the week. (Report due by COB each Friday) HSPD-12 Processing Office The Processing office acts as the focal point for coordination for all aspects of the HSPD-12 BI processing. Provides advice, guidance, and assistance on the HSPD-12 investigation process. Coordinates with GSA ROB Credentialing Office on all aspects of credentialing processing. Coordinates with DHS FPS CSA on the submission of BI packages and assists in fulfilling their requirements. Maintains statistical data regarding submitted investigations and responds to management on questions and concerns involving the program.

FPS HSPD-12 PSI CONTRACT INFO WORKSHEET

2.02.1.2 Applicant Information

Name: {Last, First, Middle, Suffix}

Place of Birth {City, State}

Position Title:

Forms submitted to FPS CSA Staff on: ___/___/___ by: _________________

2.02.1.3 Type of Contractor: (Select one)

Type of Contractor Position

[ ] In-house Administrative staff

[ ] Temporary {Less than 6 months} Or outside worker

Building Name Duty Location or Post:

2.02.2.1.1.1.1.1.1 GSA Point of Contact

2.02.2.2 Contract/Lease Information

2.03 Contract Number:

2.04 Purchase/Task Order or R/SWA #:

2.04.1.1 Contractor Information

2.04.1.1.1.1.1.1.1 Company Name:

2.04.1.1.1.2 Address

2.04.1.1.1.2.1 City, ST Zip

Contractor Company Point of Contact

Primary or Sub-Contractor

If Sub – Name of Primary [ ] P [ ] Sub

2.05 DHS Federal Protective Service CSA (Staff use only)

2.05.1.1.1.1.1.1 Personal Security Investigation

e-QIP Invitation # Release Form Recd: ___/___/___ Reject 1: ___/___/___

2nd e-QIP Invitation # 2nd Release Form Recd: ___/___/___ Reject 2: ___/___/___

2.05.1.2 [ ] Initiator [ ] Reviewer [ ] Approver Released: ___/___/___

Comments/Notes:

All Blanks require information: No N/A – everything is applicable. If CE has no email use Contractors.

ATTACHMENT 1

HSPD-12

LIST OF ACCEPTABLE

IDENTIFICATION DOCUMENTS

NOTE: ONE FORM OF IDENTIFICATION MUST HAVE A PICTURE AND BE ISSUED BY A STATE OR FEDERAL AGENCY

(Form I-197)

School record or report card Clinic, doctor or hospital record Day-care or nursery school record

ATTACHMENT 2

GSA Form 3665 Credit Check Authorization

ATTACHMENT 4

10. GSAM 552.219-73 Goals for Subcontracting Plan (JUNE 2005)

(a) Maximum practicable utilization of small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors is a matter of national interest with both social and economic benefits.

(1) The General Services Administration’s (GSA’s) commitment to ensuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns to participate as subcontractors in the performance of this contract, consistent with its efficient performance, must be reflected in the offeror’s subcontracting plan submitted pursuant to the clause of this contract at FAR 52.219-9, Small Business Subcontracting Plan.

(2) In addressing the eleven elements described at FAR 52.219-9(d), the offeror shall demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns in performing this contract. An offeror submitting a commercial plan can demonstrate its commitment in providing maximum practicable opportunities through subcontracting opportunities it provides to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns that relate to the offeror’s production generally; i.e., for both its commercial and Government business.

(3) The subcontracting plan shall include a description of the offeror’s subcontracting strategies used in previous contracts and significant achievements, with an explanation of how this plan will build upon those earlier achievements. Additionally, the offeror shall demonstrate through its plan that it understands the small business subcontracting program’s objectives, GSA’s expectations, and is committed to taking those actions necessary to meet these goals or objectives.

(b) GSA believes that this contract provides significant opportunities for the use of small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors. Accordingly, it is anticipated that an acceptable subcontracting plan will contain at least the following goals:

NOTE: Target goals are expressed as a percentage of planned subcontracting dollars.

(c) In determining the acceptability of any subcontracting plan, the Contracting Officer will—

(1) Review the plan to verify that the offeror has demonstrated an understanding of the small business subcontracting program’s objectives and GSA’s expectations with respect to the programs and has included all the information, goals, and assurances required by FAR 52.219-9;

(2) Consider previous goals and achievements of contractors in the same industry;

(3) Consider information and potential sources obtained from agencies administering national and local preference programs and other advocacy groups in evaluating whether the goals stated in the plan adequately reflect the anticipated potential for subcontracting to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns; and

(4) Review the offeror’s description of its strategies, historical performance and significant achievements in placing subcontracts for the same or similar products or services with small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns. The offeror’s description can apply to commercial as well as previous Government contracts.

(d) Failure to submit an acceptable subcontracting plan and/or correct deficiencies in a plan within the time specified by the Contracting Officer shall make the offeror ineligible for award.

(End of provision)

Alternate I (Sep 1999). As prescribed in 519.705-7(c)(2), delete paragraph (b) of the basic provision and redesignate paragraphs (c) and (d) as paragraphs (b) and (c).

11. ORGANIZATIONAL CONFLICT OF INTEREST CLAUSE:

It is understood and agreed, pursuant to Subpart 9.505 of the Federal Acquisition Regulation that:

a. An offeror (or any part of the offeror’s team) that is affiliated with the Architectural/Engineering firm of record (Kling/Stubbins) or the Construction Management firm of record (a Joint Venture between Heery International, Inc. and Tishman Construction Corporation of Maryland) is expressly prohibited from and shall not submit bids or offers or otherwise participate directly or indirectly in the preparation of any bids or offers to any solicitation issued by the Government or perform any portion of a contract awarded by the Government regarding or relating to the Food and Drug Administration Consolidation Program.

b. This restriction is limited to initial solicitation(s) issued by the Governments which results in an award of a contract under the Food and Drug Administration Consolidation Program.

A. Purpose

The purpose of this Clause is to ensure that the Contractor (1) is not biased because of its financial, contractual, organizational, or other interests that relate to the work under this Contract, and (2) does not obtain any unfair competitive advantage.

B. Scope

As indicated in FAR 9.505 – General Rules, significant potential organizational conflicts of interest are normally resolved by imposing some restraint, appropriate to the nature of the conflict, upon the contractor’s eligibility for future contracts or subcontracts. The restrictions described herein shall apply to performance or participation by the Contractor and any of its affiliates or their successors in interest (hereinafter collectively referred to as "Contractor") in the activities covered by this Clause as a prime contractor, subcontractor, cosponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this Clause, affiliation has the same meaning as that set forth in FAR 2.101.

C. Disclosure after award.

1. The Contractor agrees that, if changes, including additions, to the facts disclosed by it prior to award of this Contract, occur during the performance of this Contract, it shall make an immediate and full disclosure of such changes in writing to the Government. Such disclosure may include a description of any action which the Contractor has taken or proposes to take to avoid, neutralize, or mitigate any resulting conflict of interest.

The Government may, however, terminate the Contract for convenience in accordance with the terminations clause governing this solicitation.

2. In the event that the Contractor was aware of facts required to be disclosed or the existence of an actual or potential organizational conflict of interest and did not disclose such facts or such conflict of interest to the Government, such failure shall constitute grounds for termination by default.

D. Remedies.

For breach of any of the above restrictions or for nondisclosure or misrepresentation of any facts required to be disclosed concerning this Contract, including the existence of an actual or potential organizational conflict of interest at the time of or after award, Government may terminate the Contract for default, disqualify the Contractor from subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this Contract.

E. Waiver.

The terms of this Organizational Conflicts of Interest clause and its application are not subject to negotiation. However, requests for waiver under this Clause shall be directed in writing to the Government and shall include a full description of the requested waiver and the reasons in support thereof. If it is determined to be in the best interests of the Government, the Contracting Officer may grant such a waiver in writing.

F. Subcontracts.

The Contractor shall include a clause, substantially similar to this Clause in subcontracts expected to exceed the simplified acquisition threshold. The terms "Contract," and "Contractor," shall be appropriately modified to preserve the rights of the Government.

� Consolidated Latex Paint used for covering graffiti, where color and consistency of performance are not primary concerns.

� Reprocessed latex paint used for interior and exterior architectural applications such as wallboard, ceilings and trim; gutterboards; and concrete, stucco, masonry, wood and metal surfaces.

� The recommended recovered materials content for rubber railroad grade crossing surfaces are based on the weight of the raw materials exclusive of any additive such as binders or additives.

� The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured from either a Basic Oxygen Furnace (BOF) or and Electric Arc Furnace (EAF). Steel from the BOF process contains 25-30% total recovered materials, of which 16% is postconsumer steel. Steel from the EAR process contains a total of 100% recovered steel, of which 67% is postconsumer.

Section 00800

FAC 05-22 GSAM 00-18