Section G.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 G

CONTRACT ADMINISTRATION DATA

SECTION G ‑ CONTRACT ADMINISTRATION DATA

G.1.

FAR 52.243-1 – Changes - Fixed-Price - Alternate I (See Section I).

G.2.

Commencement of Change Orders Against This Contract.

G.2.1 The CM Contractor shall, within three (3) working days after receipt of a change order, initiate the actions necessary for responding to the requirements specified.

G.2.2 All initial fee proposals relative to any change orders must be prepared by the Contractor, and submitted to the ordering official within five (5) working days after receipt of the change order, unless a longer period is specified for certain tasks in Section C of this contract or otherwise specified by the Government. Any revisions to initial fee proposals must be submitted by the Contractor and received by the Contracting Officer within three (3) working days after the date on which discussions were held with the ordering official.

G.2.3 Each Project Phase and its related change orders will be considered separately as to work requirements, time for completion, payments, etc.

G.3.

Changes or Revisions.

G.3.1 The Government shall not be liable for any costs due to changes or revisions in the scope of services for this contract, from the requirements originally negotiated and agreed to, unless such changes or revisions are authorized and approved by the Contracting Officer in writing.

G.3.2 Any requests for changes or revisions received from the Contractor shall be referred to the Contracting Officer for review and approval before acceptance by the Government.

G.4.

Requirements for Prompt Payment Meetings and Submission of Invoices.

G.4.1 The Contractor shall attend pre-invoice payment meetings each month, as scheduled herein, with the designated Government representative, before the Contractor submits progress or other payment invoices (payment requests). These payment meetings may be conducted in person or by telephone. Under no circumstances may any payment meetings be waived; the CM or its authorized representatives shall always participate. The meetings/discussions will enable the making of payments promptly and within the schedule established in the Contract or contract Work Orders. The purpose of the payment meetings/ discussions is to provide a forum for the CM and Government representatives to discuss the amounts of prospective payments and the supporting documentation required, and to reach agreements on the amounts payable. Inspections by all parties will be completed before or during face-to-face meetings (not by telephone), thus ensuring timely substantiation and agreements on payment amounts. The schedule for payment meetings/discussions is as follows:

NOTE: A schedule will be determined individually for each contract Work Order, requiring not less than monthly meetings/discussions, before they are awarded.

G.4.2 The CM Contractor shall submit its invoices to the COR [in the form specified in paragraph-7 below, GSAR 552.232-70], and if the Contract or contract Work Orders are administered with the assistance of a higher tier contractor, also submit copies to such contractor. In the case of procurements administered with the assistance of higher tier contractors, the higher tier contractor will inform the COR by telephone of the results of its inspection and determination of the payment amount to which the CM is entitled, and follow this telephone communication immediately with written confirmation and any associated documentation, conveyed by overnight air or other carrier, if necessary. Separate payment requests must be submitted for progress payments, payments of retainage, and partial or final payments. Direct payment requests to the COR as follows:

__Mr. Jag Bhargava

__Project Executive (WPC)

__Room 2040 (202) 708-6944

G.4.3 Payment requests shall not be submitted by the CM Contractor until after the scheduled pre-invoice payment meetings are held. If the CM fails to attend a payment meeting or participate in the telephone discussion, the Government will make payment on the CM's payment request based upon the results of the Government inspection, in an amount of no more than the Government's estimate of the amount due. The balance of the CM's payment request will remain in dispute and will not be subject to any late penalty, until such time that an invoice including the disputed amount is resubmitted and agreement is reached with the COR on any payment amount being due.

G.4.4 Payment due dates are based upon the date of receipt of a proper invoice by the COR. If the invoice is defective (see FAR Clause 52.232-25, Prompt Payment and GSAR Clause 552.232-70, Invoice Requirements), it will be returned to the CM Contractor for appropriate action. If there is a disagreement over the payment amount, the COR may pay the portion of the requested payment that is not in question.

G.4.5 The making of payments by wire transfer should not be expected by the CM unless authorized by the COR.

G.4.6 Any inquiries on payments are to be directed to the Contracting Officer or designated representative (COR).

G.5.

Payment Increments.

G.5.1 Payments for Design, Procurement, and Construction Phase services, Claims Services, Additional Services, Testing Services, and Miscellaneous Services and Support Items will be made by the Government in periodic installments on the basis of, or in proportion to, the following:

G.5.1.1 Completion of design phase submissions completed by the AE, or as mutually scheduled by the COR and the CM.

G.5.1.2 Completion of Construction Contractor Procurement Phase services, or as mutually scheduled by the COR and the CM.

G.5.1.3 Completion of Construction Phase services as construction increments are completed by the construction contractor during the Construction Phase, or as mutually scheduled by the COR and the CM.

G.5.1.4 Completion of inspections after construction of building components, or as mutually scheduled by the COR and the CM.

G.5.1.5 Completion of Claims, Additional, Testing or Miscellaneous Services and Support Items as mutually scheduled by the COR and the CM.

G.5.2 The Government may require, in a format chosen by the COR documentation such as timesheets, invoices, etc. before the issuance of any progress payments.

G.5.3 The Government may require, in a format chosen by the COR, cost breakdowns of pricing related to performance of each project phase and/or its change orders for the purpose of arranging the most appropriate schedule of progress payments.

G.5.4 Prior to final payment under each Project Phase or as required by the COR, the CM must furnish a release of claims against the Government under the task order, other than such claims as the CM may specifically except. The CM must describe, justify, and state the amount of each such claim.

G.6.

Payments (Apr 1984).

G.6.1 The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if:

G.6.1.1 The amount due on the deliveries warrants it; or

G.6.1.2 The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.

G.6.1.3. Progress Payments (APR 2003) FAR 52.232-16(l). The designated payment office will make progress payments on the 30th day after the designated billing office receives a proper progress payment request. In the event that the Government requires an audit or other review of a specific progress payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date. Progress payments are considered contract financing and are not subject to the interest penalty provisions of the Prompt Payment Act.

G.7

Invoice Requirements

G.7.1 Invoices shall be submitted in an original and two (2) copies to the designated billing office specified in this contract or in individual contract Work Orders.

G.7.2 Invoices must include the Accounting Control Transaction (ACT) number provided below or entered on the individual contract Work Orders.

ACT Number: Use only the ACT Number assigned to the individual contract Work Order.

G.7.3 In addition to the requirements for a proper invoice specified in the Prompt Payment clause of this contract and/or the terms of each contract Work Order, the following information or documentation must be submitted with each invoice:

(1) Proper invoice date.

(2) Only one type of payment requested.

(3) Name and street address of the firm, and the name and telephone number of the responsible person in the Contractor's firm. The remittance address must be as specified in this contract.

(4) Correct ACT Number.

(5) Contract and contract Work Order numbers.

(6) Actual professional services rendered.

(7) Prompt payment discount that applies.

(8) Proper rates, man-hours, and dollar extensions.

(9) The payment terms that apply for the particular services rendered.

(10) Information necessary to enable the Government to make payment by wire transfer in accordance with FAR clause 52.232-28, Electronic Funds Transfer Payment Methods, if authorized by the COR.

(11) Proper enclosures/attachments, such as a release of claims, etc.

G.8.

Adjusting Payments (May 1989)

G.8.1 Under the Inspection of Services clause of this contract, payments may be adjusted if any services do not conform with contract requirements. The Contracting Officer or a designated representative will inform the Contractor, in writing, of the type and dollar amount of proposed deductions by the 10th workday of the month following the performance period for which the deductions are to be made.

G.8.2 The Contractor may, within 10 working days of receipt of the notification of the proposed deductions, present to the Contracting Officer specific reasons why any or all of the proposed deductions are not justified. Reasons must be solidly based and must provide specific facts that justify reconsideration and/or adjustment of the amount to be deducted. Failure to respond within the 10 day period will be interpreted to mean that the Contractor accepts the deductions proposed.

G.8.3 All or a portion of the final payment may be delayed or withheld until the Contracting Officer makes a final decision that any or all of the proposed deductions are warranted, the Contracting Officer shall so notify the Contractor, and adjust payments under the contract accordingly.

G.9.

Final Payment (Apr 1986)

Before final payment is made, the Contractor shall furnish the Contracting Officer with a release of all claims against the Government relating to this contract, other than claims in stated amounts that are specifically expected by the Contractor from release. If the Contractor's claim to amount payable under the contract has been assigned under the Assignment of Claims Act of 1940, as amended (31 U.S.C. 3727, 41 U.S.C. 15), a release may also be required of the assignee.

G.10.

Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999)

G.10.1 Method of payment. (1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT) except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer. (2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either- (i) Accept payment by check or some other mutually agreeable method of payment; or (ii) Request the Government to extend payment due dates until such time as the Government makes payment by EFT (but see paragraph (d) of this clause).

G.10.2 Mandatory submission of Contractor's EFT information. (1) The Contractor is required to provide the Government with the information required to make payment by EFT (see paragraph (j) of this clause). The Contractor shall provide this information directly to the office designated in this contract to receive that information (hereafter: "designated office") no later than 15 days prior to submission of the first request for payment. If not otherwise specified in this contract, the payment office is the designated office for receipt of the Contractor's EFT information. If more than one designated office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the designated office(s). (2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information in terms acceptable to the designated office. However, EFT information supplied to a designated office shall be applicable only to contracts that identify that designated office as the office to receive EFT information for that contract.

G.10.3 Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

G.10.4 Suspension of payment. (1) The Government is not required to make any payment under this contract until after receipt, by the designated office, of the correct EFT payment information from the Contractor. Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply. (2) If the EFT information changes after submission of correct EFT information, the Government shall begin using the changed EFT information no later than 30 days after its receipt by the designated office to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the updated EFT information is implemented by the payment office. If such suspension would result in a late payment under the prompt payment terms of this contract, the Contractor's request for suspension shall extend the due date for payment by the number of days of the suspension.

G.10.5 Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for- (i) Making a correct payment; (ii) Paying any prompt payment penalty due; and (iii) Recovering any erroneously directed funds. (2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and- (i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or (ii) If the funds remain under the control of the payment office, the Government shall not make payment and the provisions of paragraph (d) shall apply.

G.10.6 EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

G.10.7 EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall provide the EFT information required by paragraph (j) of this clause to the designated office, and shall be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

G.10.8 Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information provided by the Contractor's financial agent.

G.10.9 Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address in the contract.

G.10.10 EFT information. The Contractor shall provide the following information to the designated office. The Contractor may supply this data for this or multiple contracts (see paragraph (b) of this clause). The Contractor shall designate a single financial agent per contract capable of receiving and processing the EFT information using the EFT methods described in paragraph (c) of this clause. (1) The contract number (or other procurement identification number). (2) The Contractor's name and remittance address, as stated in the contract(s). (3) The signature (manual or electronic, as appropriate), title, and telephone number of the Contractor official authorized to provide this information. (4) The name, address, and 9-digit Routing Transit Number of the Contractor's financial agent. (5) The Contractor's account number and the type of account (checking, saving, or lockbox). (6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the Contractor's financial agent. (7) If applicable, the Contractor shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the Contractor's financial agent is not directly on-line to the Fedwire Transfer System; and, therefore, not the receiver of the wire transfer payment.

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GS11P08MKC0038