Section F.doc

Phase 1B & 1C Modernization

REQUEST FOR PROPOSALS

CONSTRUCTION MANANGEMENT SERVICES FOR

PHASE 1B & 1C MODERNIZATION OF THE

HARRY S TRUMAN BUILDING, WASHINGTON, DC

SOLICITATION NO. GS11P08MKC0038

PART I – THE SCHEDULE

SECTION F

DELIVERIES OR PERFORMANCE

SECTION F‑ DELIVERIES OR PERFORMANCE

F.1.

Place of Performance.

F.1.1.

Professional services will be rendered under this contract within the GSA National Capital Region. The Base Contract - Design Phase Services (Bid Packages 3&4), Procurement Phase Services, and Commissioning Phase Services (Design Phase - Bid Packages 3 & 4 with Cafeteria, Kitchen and Security Pavilion) will be performed either at the CM’s local office or at GSA office space. Construction Phase Services (Options) and Post Construction Contract Services (Options), will primarily be performed at the construction site located at the Harry S Truman Building, Washington, DC, if these options are exercised.

F.2.

Initial Term of Contract.

F.2.1.

After award, the successful contractor will be given a written Notice To Proceed on the Base Contract services. Work under this contract is expected to commence on or about November 2008.

F.3.

Options.

F.3.1.

The Government shall have the right to unilaterally modify the contract to exercise the options contained herein. All terms and conditions contained in this contract shall apply to each option exercised. The Government intends to exercise an option 30 days prior to completion of the proceeding phase.

F.3.2.

The exercise of options is a Government prerogative, not a contractual right on the part of the CM. If the Government exercises the option(s) within the prescribed time frames, the CM shall be bound to perform the services for the option period(s) or be subject to the default provisions of this contract.

F.4.

Period of Performance.

F. 4.1 The contract will remain in effect from award until settlement of the construction contract(s).

F.5.

Work by Others.

F.5.1 The Government reserves the right to undertake by contract, by Government personnel, or by other means, the same or similar kinds of work as contracted for in this contract, depending on the availability of resources. Such actions shall not be violations of this contract, and shall not be considered as terminations in whole or in part of any work procured through this contract.

F.6 Suspension of Work.

F.6.1 The Contracting Officer may order the CM, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

F.6.2 If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the CM, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

F.6.3 A claim under this clause shall not be allowed (1) For any costs incurred more than 20 days before the CM shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and (2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

F.7.

Stop-Work Order.

F.7.1 The Contracting Officer may, at any time, by written order to the CM, require the CM to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the CM Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the CM shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the CM Firm, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

F.7.2 If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the CM shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if (1) The stop-work order results in an increase in the time required for, or in the CM Firm’s cost properly allocable to, the performance of any part of this contract; and (2) The CM asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

F.7.3 If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

F.8 Government Delay of Work.

F.8.1 If the performance of all or any part of the work of this contract is delayed or interrupted (1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the CM, or for which an adjustment is provided or excluded under any other term or condition of this contract.

F.8.2 A claim under this clause shall not be allowed (1) For any costs incurred more than 20 days before the CM shall have notified the Contracting Officer in writing of the act or failure to act involved; and (2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

F9.

Other Contracts.

F.9.1.

The Government may undertake or award other contracts related to the projects including, but not limited to, A/E services, other consulting contract services, and construction contractor work. The CM shall cooperate fully with all such other contractors, Government employees or officials involved, and as necessary must carefully adapt the scheduling and performance of work under this contract to accommodate the other work, heeding any instructions which may be provided by the COR. The CM shall not commit or permit any acts that will interfere with the performance of work by any other contractor or by Government personnel.

F.10. Deliverables.

F.10.1.

The deliverables required under this contract are specified in Section C and include, but are not limited to, monthly reports, schedules, Master Project Management Plan, Design Review annotated plans (REDICHECK or similar system) and specifications, Design Review Reports, and budgets.

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GS11P08MKC0038