Section H.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 H

SPECIAL CONTRACT REQUIREMENTS

SECTION H ‑ SPECIAL CONTRACT REQUIREMENTS

H.1.

Minimum Personnel Qualifications.

Qualifications of personnel who may be assigned to work under this contract are as follows:

H.1.1 Senior Professionals/Design Reviewers. All senior professionals/design reviewers must be Engineering or Architectural graduates of an accredited Engineering or Architectural college curriculum (four (4) year degree minimum), possess professional registration in Maryland, Virginia, or the District of Columbia, have a minimum of 7 years specialized experience in their disciplines, and possess the below listed skills and abilities:

H.1.1.1 Ability to communicate effectively both orally and in writing. Experience in preparing correspondence, written reports, and in briefing clients and management personnel.

H.1.1.2 Knowledge of local and national codes.

H.1.1.3 Knowledge of construction methods and techniques.

H.1.1.4 Ability to perform and evaluate engineering economic analyses, and evaluate proper systems to meet scope requirements. Ability to verify the adequacy of all building systems.

H.1.1.5 Ability to interpret Architectural/Engineering plans and specifications, and coordinate them.

H.1.1.6 Familiarity with modern construction products (i.e., quality, uses, and applications).

H.1.1.7 Familiarity with removal/disposal of hazardous materials such as asbestos, PCB's, etc.

H.1.2 Professional Support Staff. Architects, engineers, and other professionals performing in a support capacity shall have at least 5 years specialized experience in the work to be performed under this contract, and possess the following minimum knowledge, skills and abilities:

H.1.2.1 Graduate of an Architectural or Engineering college curriculum with a Bachelor of Architecture or Bachelor of Science degree. Professional registration in the project jurisdiction is not required, but is preferred.

H.1.2.2 Ability to communicate orally and in writing.

(i) Experience in preparing correspondence, written reports, and maintaining official project records.

(ii) Experience in conducting meetings, and briefing clients and management personnel.

H.1.2.3 Knowledge of construction, codes, practices and techniques, e.g., proper applications of construction materials and methods of installation in the Architect's or Engineer's area of expertise.

H.1.2.4 Ability to interpret Architectural and Engineering plans and specifications, fluent skills in the use of all required software.

H.1.2.5 Ability to accurately calculate construction costs for changes, price the value of needed work, and negotiate equitable adjustments.

H.1.2.6 Ability to inspect materials, workmanship, and construction and installation of various systems in the Architect's or Engineer's area of expertise.

H.1.2.7 Knowledge of safety practices in the construction industry, including specifically, a background that indicates familiarity with Occupational Safety and Health Administration (OSHA) safety requirements on construction projects.

H.1.3 Key Personnel

H.1.3.1 Key personnel are defined as the contractor's management level people who oversee technical and administrative activities for the project(s), approve and/or certify drawings as senior design reviewers, direct and control construction phase activities, manage the inspections of physical work performance and installations of materials/components. "Management level" includes persons vested with authority for decision‑making, establishing commitments for the firm, documentation approvals, manpower and equipment assignments, etc. It is preferred, but not required, that anyone serving in this capacity be professionally registered in the District of Columbia, the State of Maryland, or the Commonwealth of Virginia. CMAA certification is a plus. At a minimum, the Government considers the Construction Executive (CEx) and Quality Control Superintendent (QCS), Project Manager (if different that the CEx), Lead Construction Inspector, and Commissioning Agent to be Key Personnel.

H.1.3.2 Key Personnel must have:

A.

At least 5 years specialized experience performing the work that such key personnel are proposed to perform under this contract, and

B.

Acquired architecture, engineering, construction management, and/or construction experience of at least 5 years on at least 2 construction projects, completed no more than ten (10) years prior to the date of the RFP’s issuance, meeting the following two characteristics:

(i)

The project shall be at least $40 million construction contract amount at award, and

(ii) The project is “similarly complex” to the Phase 1B & IC Modernization Project at the Harry S Truman Building, as defined in Section C.13.1.(a).

H.1.3.3 The CEx and QCS also must possess the following minimum knowledge, skills, and abilities:

(i) Ability to communicate effectively, orally and in writing.

(ii) Experience in preparing correspondence, written reports, presentations, and in briefing clients and management personnel.

(iii) Experience in developing and maintaining complex, long term/multi‑year project management activities, including but not limited to:

Developing and controlling budgets and funding strategies.

Scheduling and coordination of project interactions among existing and newly occupied facilities.

Ability to manage inter‑disciplinary teams of professionals and supporting labor categories.

Ability to integrate competing and/or conflicting elements into the planning and execution processes so that project requirements flow smoothly.

H.1.3.4 Experience and familiarity with Federal and Local Government office building projects, and with procedural, review, and approval requirements.

H.1.3.5 It is preferred, but not required, that the CEx and/or QCS be graduates of an accredited college/university with a degree in architecture, engineering, or construction management. CMAA certification of the CEx and/or QCS is a plus.

H.1.4 Construction Inspection (Technician Level). (architectural, structural, mechanical, electrical, and general) Inspectors must have at least 5 years specialized experience in the work to be performed under this contract, and possess the following minimum knowledge, skills and abilities:

H.1.4.1 Ability to communicate effectively, orally and in writing.

(i) Experience in preparing correspondence, and maintaining official construction site records.

(ii) Experience in conducting meetings to resolve problems on construction projects, and briefing clients and management personnel.

H.1.4.2 In‑depth knowledge of construction practices and workmanship, including experience in proper uses of construction materials and installation methods.

H.1.4.3 In‑depth experience in interpreting construction drawings and specifications on construction projects.

H.1.4.4 Ability to accurately calculate construction costs for changes. Experience in making materials take‑offs for construction work, pricing the value of needed work, and negotiating equitable contract adjustments.

H.1.4.5 Ability and experience in the inspection of materials, workmanship, and construction and installation of various systems (such as fire alarm systems) within the inspector's area of expertise.

H.1.4.6 Knowledge of safety practices in the construction industry, including a background of familiarity with OSHA safety requirements on construction projects.

H.1.5 Testing Staff and/or Consultants. Testing Engineers and technicians must have at least 3 years experience in the field of testing in which they are engaged. They must be able to accurately and correctly perform tests and interpret test results.

H.1.6 Financial/Budget Control Officer. Financial/Budget Control Officer must have a minimum of 10 years experience in construction finance/budget operations.

H.1.7 Level of Expertise. The level of expertise required for construction inspection (architect, engineer, technician, licensed inspector, etc.) and all other services to be provided shall be identified by the CM in the Master Project Management Plan to be submitted and/or the Technical Proposal. It is the Government's intention that the CM will use the proper level of expertise required for all contract services. All levels of expertise included in the Master Project Management Plan are subject to approval by the COR.

H.2.

Contract Insurance Requirements.

H.2.1 The CM shall provide insurance coverage for all risks associated with performing this contract. Liability insurance coverage, written on the comprehensive form of policy, are required in the following minimum amounts:

H.2.1.1 Workers' compensation and employer's liability

$100,000 or per statute

H.2.1.2 General liability:

(1) Bodily injury

$500,000 per occurrence

(2) Property damage

$100,000 per occurrence

H.2.1.3 Automobile liability:

(1) Bodily injury

$200,000 per person

$500,000 per occurrence

(2) Property damage

$20,000 per occurrence.

H.2.1.4 Commercial/contractual general liabilities:

$1,000,000 per occurrence

H.2.2 In addition, the CM must provide coverage for any other risks as deemed appropriate, since the Government is not indemnifying the CM against any risks under the contract. A current duplicate (not machine reproduced) certificate of insurance must be submitted to the Contracting Officer for approval before the CM begins work under this contract; duplicates of renewal certificates (not machine reproduced) obtained by the CM during the life of this contract must immediately be provided to the Contracting Officer. Also see the clause, "Insurance ‑ Additional Named Insured" below.

H.2.3 The insurance policy must contain an endorsement that any cancellations or material decreases in the coverage shall not be effective, unless the insurer or the CM gives advance written notices of cancellations or changes in accordance with the Contracting Officer's instructions.

H.2.4 All premiums or costs incurred to comply with these insurance requirements will be paid by the CM.

H.2.5 If the CM already has an organizational policy in effect, the Contracting Officer requires evidence that it satisfies all of the above stated requirements. The CM is required to provide such evidence as deemed necessary by the Contracting Officer before a notice to proceed with contract performance is issued. The Government reserves the right to disapprove the purchase of any insurance coverage not in the Government’s interest.

H.2.6 This contract requires that all insurance coverage be kept in full force and effect until all contract work is completed; the insurance requirements also apply to subcontractors.

H.2.7 The Government will not be responsible for any losses, damages, or liabilities beyond the amounts, limits, and conditions of the above required insurance.

H.3.

Insurance ‑ Additional Named Insured.

The requirement of the "Insurance‑Work on a Government Installation" Clause prescribed in FAR 52.228‑5 is supplemented to provide that the general liability policy shall name "The United States of America, acting by and through the General Services Administration" as an additional insured with respect to operations performed under this contract.

H.4.

FAR 52.228‑5 ‑ Insurance ‑ Work on a Government Installation (Jan 1997).

See Part II, Section I, Contract Clauses

H.5.

FAR 52.246‑25 ‑ Limitation of Liability‑Services (Feb 1997).

H.5.1 Except as provided in paragraphs (H.5.2.) and (H.5.3.) below, and except to the extent that the Contractor is expressly responsible under this contract for deficiencies in the services required to be performed under it (including any materials furnished in conjunction with those services), the Contractor shall not be liable for loss of or damage to property of the Government that (1) occurs after Government acceptance of services performed under this contract, and (2) results from any defects or deficiencies in the services performed or materials furnished.

H.5.2.

The limitation of liability under paragraph (a) above shall not apply when a defect or deficiency in, or the Government's acceptance of, services performed or materials furnished results from willful misconduct or lack of good faith on the part of any of the Contractor's managerial personnel. The term "Contractor's managerial personnel," as used in this clause, means the Contractor's directors, officers, and any of the Contractor's managers, superintendents, or equivalent representatives who have supervision or direction of--

H.5.2.1 All or substantially all of the Contractor's business;

H.5.2.2 All or substantially all of the Contractor's operations at any one plant, laboratory, or separate location at which the contract is being performed; or

H.5.2.3 A separate and complete major industrial operation connected with the performance of this contract.

H.5.3 If the Contractor carries insurance, or has established a reserve for self-insurance, covering liability for loss or damage suffered by the Government through the Contractor's performance of services or furnishing of materials under this contract, the Contractor shall be liable to the Government, to the extent of such insurance or reserve, for loss of or damage to property of the Government occurring after Government acceptance of, and resulting from any defects and deficiencies in, services performed or materials furnished under this contract.

H.6. Security Requirements

H.6.1 This contract includes security provisions that require a DD Form 254, issued by the Bureau of Diplomatic Security, DS/IS/IND. Issuance of the DD Form 254 is contingent on the Contractor obtaining and maintaining a Defense Security Services (DSS) Secret facility clearance. This clause applies to the extent that this contract involves access to information classified "Confidential," "Secret," or "Top Secret."

H.6.2 The Contractor must possess a SECRET facility security clearance issued by the DSS in accordance with the National Industrial Security Program Operating Manual (NISPOM); and any revisions to that manual, notice of which has been furnished to the Contractor.

H.6.3 If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

H.6.4 The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (H.6.4) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

H.6.5 The Contractor personnel specifically designated to work on this contract shall have been issued a SECRET personnel security clearances issued by DSS prior to commencing contract performance on the contract. Visit authorization requests for these individuals must be submitted to DS/IS/IND via fax at 571-345-3000 prior to badging/contract performance. Letter of Consent (LOCs) issued by DSS must be attached to all visit authorization requests. Individuals who will perform only on unclassified portions of the contract and who will not require access to restricted spaces must be approved by DS/PSP/FSD. The Contractor shall be responsible for furnishing to each employee and for requiring each employee engaged on the work to display such identification as may be approved and directed by the Contracting Officer. All prescribed identification shall immediately be delivered to the Contracting Officer, for cancellation upon the release of any employee. When required by the Contracting Officer, the Contractor shall obtain and submit fingerprints of all persons employed or to be employed on the project.

H.7.

Permits and Licenses.

In performance of work under this contract, the CM is responsible for obtaining all necessary permits and licenses as part of the fixed contract price, and for complying with all applicable Federal, State, and municipal laws and ordinances.

H.8 Buy American Act - Supplies

H.8.1 The Buy American Act (41 U.S.C. 10) provides that the Government give preference to domestic end products.

H.8.1(a) “Components,” as used in this article, means those articles, materials, and supplies incorporated directly into the end products.

H.8.1(b) “Domestic end product,” as used in this article, means (1) an unmanufactured end product mined or produced in the United States, or (2) an end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as the products referred to in Paragraphs .2.2 or -.3 of this article shall be treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic.

H.8.1(c) “End products,” as used in this article, means those articles, materials, and supplies to be acquired for public use under this contract.

H.8.2

The Contractor shall deliver only domestic end products, except those--

H.8.2(a) For use outside the United States;

H.8.2(b) That the Government determines are not mined, produced , or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality;

H.8.2(c) For which the agency determines that domestic preference would be inconsistent with the public interest; or H.8.2(d) For which the agency determines the cost to be unreasonable (see FAR 25.105).

H.9 Dissemination, Storage and Disposal of Sensitive but Unclassified (SBU) Paper and Electronic Building Information

H.9.1 PURPOSE.

This bulletin is issued to revise Procurement Bulletin WPP-2002-24 and implement PBS Order PBS 3490.1, Document security for sensitive but unclassified paper and electronic building information. This bulletin establishes regional policy for the dissemination, storage and disposal of sensitive but unclassified (SBU) paper and electronic building information.

H.9.2 BACKGROUND.

Background: PBS Order 3490.1 sets forth PBS policy on the dissemination, storage and disposal of SBU paper and electronic building information of GSA controlled spaces, including owned, leased or delegated Federal facilities. This bulletin identifies the responsibilities of NCR employees, including but not limited to, building managers, project managers, contracting officers, realty specialists and contract specialists. The primary principles of PBS Order 3490.1 are:

· Only give information to those who have a "need to know";

· Keep records of who got the information, and

· Safeguard the information during use and destroy it properly after use.

PBS 3490.1 defines what is SBU building information. The order is published electronically on NCR's Insite (http://insite.ncr.gsa.gov/) under PBS Resources with the title "PBS Security Order Sensitive but Unclassified Information.”

H.9.3. LABELING OF INFORMATION:

All SBU building information will have imprinted on each page:

PROPERTY OF THE UNITED STATES GOVERNMENT

FOR OFFICIAL USE ONLY

DO NOT REMOVE THIS NOTICE.

PROPERLY DESTROY DOCUMENTS WHEN NO LONGER NEEDED.

The cover page of the SBU information or label of all magnetic media (Disks, CDs) will include:

PROPERTY OF THE UNITED STATES GOVERNMENT

COPYING, DISSEMINATION, OR DISTRIBUTION OF THESE DRAWINGS,

PLANS OR SPECIFICATIONS TO UNAUTHORIZED USERS IS PROHIBITED.

DO NOT REMOVE THIS NOTICE.

PROPERLY DESTROY DOCUMENTS WHEN NO LONGER NEEDED.

These labels will appear prominently on the documents in bold type and in a size appropriate for the document. On construction drawings, the statements should be in a minimum of 14pt. bold type.

Documents such as guard post exhibits, building statistical information, and building equipment inventory (including fire alarm equipment), floor plans, diagrams of building property lines or equipment, diagrams of location of equipment or utilities, renovation/alteration plans, and construction specifications and drawings will be labeled properly.

H.9.4. DISSEMINATION OF SBU DOCUMENTS:

a) Procurements

For procurements, the synopsis should include the following notice (or similar):

The subject solicitation includes Sensitive but Unclassified (SBU) building information. Before release of SBU information, the requestor must complete and sign a "Document Security Notice to Prospective Bidders/Offerors.” The following information must also be submitted and/or provided by the requestor with the completed Notice: 1) copy of business license; 2) company's Dun & Bradstreet number; 3) valid tax identification number; and 4) valid picture state driver’s license (of person picking up SBU documents). The Notice can be obtained from and will be submitted to the point of contact cited herein. No e-mail copies will be accepted, (however facsimiles can be submitted). Authorization to receive the SBU information will be granted upon verification of submitted information. Please read the Notice carefully regarding requirements for receipt, storage and disposal of the SBU information.

All solicitations will be labeled if they contain SBU information. The Bid Room will only release the drawings to contractors who have been authorized by the Contracting Officer. The Contracting Officer will notify the Bid Room by telephone or e-mail the date when the drawings will be picked up, the firm's name and the name of the person who will collect the documents.

To obtain drawings from the Bid Room, the person must present the completed and signed Document Security Notice, sign the Bid Room log book, identify the information requested, and present a valid driver's license or state-issued ID card.

The Bid Room will maintain records of the signed Notice. At the completion (award) of the procurement, the Notices will be transferred to the Contracting Officer for inclusion in the permanent files.

The Bid Room is located in Room 1065 in the Regional Office Building. Points of Contact (P.O.C.) are Rochelle Pauling and Peggy Chapman at (202) 708-5961 or fax (202) 205-2808.

b) Dissemination through Technical Library

To obtain documents from the Technical Library, the contractor must request the information from the Project Manager or Contracting Officer. The contractor must complete a Document Security Notice if the Project Manager or Contracting Officer does not have one on file. If one is on file, the Project Manager will amend the existing one to include the information to be obtained from the Technical Library. The Project Manager will notify the Technical Library either by telephone or e-mail, and provide the firm's name, the person with authorized access, and the date when the documents will be obtained. The contractor must present the Document Security Notice, sign the Technical Library's logbook and present a valid driver's license or state-issued ID card.

The Technical Library is located in Room 2021 in the Regional Office Building. The P.O.C. are Diana Brooks and Mary Hitchcock at (202) 358-3086 or fax (202) 708-4925.

c) Other disseminations

All PBS employees are responsible for maintaining records of Document Security Notices for SBU documents released to other government agencies and other private entities with a bonafide "need to know.” Documents should not be released from GSA without proper documentation.

d) Dissemination via the Internet

It is no longer acceptable to transfer SBU documents over the Internet, including e-mail attachments or attachments to procurements posted on FedBizOpps, without proper security. Please be particularly vigilant in this area. If a procurement requires SBU documents be included, then the Contracting Officer must provide notification as required by the GSAM (504.430(d)).

Information that is provided in electronic format, i.e., via floppy disk or CD, must be encrypted. Information that is posted on project extranets will be in accordance with PBS Order 3490.1. For assistance in this area, please contact the Information Technology Division.

H.9.5. RETAINING AND DESTROYING SBU DOCUMENTS:

All SBU documents must be safeguarded against unauthorized use for the term of retention. Documents no longer needed shall be destroyed.

a) Procurement and Contracting

It is the Contracting Officer’s responsibility to obtain a Notice of Disposal from the architect-engineers, construction managers, and/or contractor. After contract award or completion of any appeals process this Notice of Disposal shall be obtained from unsuccessful offerors/bidders. The notice shall state that the firm and its subcontractors have properly disposed of the SBU documents. The notice shall be presented at the time of Release of Claims in order for the firm to receive final payment. (Contractors may keep a record set of documents.)

b) GSA NCR Disposal of SBU Documents

Paper SBU documents should not be recycled with the regular recycling. All paper SBU documents should be taken to Room 1626 in the Regional Office Building. The shredding contractor will properly destroy the documents. NCR personnel will take the following steps in disposal of SBU documents:

· Step 1. Contact the P.O.C. (see paragraph e. below) for access to Room 1626.

· Step 2. Obtain mobile carts or dumpsters from Room 1626 for transporting documents to the room and return the carts or dumpster to Room 1626 when complete.

· Step 3. Advise the P.O.C. regarding type and volume of documents being transported to Room 1626.

· Step 4. The P.O.C. will enter type and volume of documents into a log, and monitor volume in order to determine when to have the shredding contractor come to ROB for document destruction.

· Step 5. The P.O.C. will obtain certification from the shredding contractor regarding destruction and disposal, and will annotate the log.

c) Electronic files will be removed or deleted using permanent erase utility or similar software or physically destroying the CDs or disks. (The shredding contractor has the capability of physically destroying this electronic media.)

d) Other issues are addressed in PBS 3490.1 concerning SBU documents. All building managers, project managers, contract specialists and realty specialists should be cognizant of its contents.

e) If you have any questions or concerns, please contact the P.O.C.:

Points of Contact are Diana Brooks and Mary Hitchcock at (202) 358-3086 or fax (202) 708-4925, located in the Technical Library in Room 2021 in the Regional Office Building.

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GS11P08MKC0038