FINALSt. Es CM RFP - Section H.rev.Final 0715.doc

Issued under Amendment Three (3)

GS11P09MKD0053, Construction Management Support Services, US Department of Homeland Security (DHS) Headquarters Program – St. Elizabeths Campus, Wash., DC

PART I

Section H

Special Contract Requirements Part I

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1. CONTRACTOR’S STAFF

The CM shall utilize the personnel named and/or otherwise identified in its technical proposal to perform the services required under this contract.

For the performance of any services contained in this RFP, the Contractor shall make available all of its professionally qualified permanent staff members unless otherwise authorized by the Contracting Officer. For the purposes of this provision, an individual shall be deemed as a member of the Contractor’s permanent staff:

(a) On the effective date of the contract, he/she is a full-time principal, partner, officer or employee of the Contractor, or

(b) After the effective date of the contract, the Contractor employs the individual on a salary basis.

H.2. PERSONNEL QUALIFICATIONS

Qualifications of personnel assigned to work under this contract are as follows.

H.2.1. Key Personnel The CM shall assign and dedicate Key Personnel to this Project sufficient to perform the Work. Proposals shall include all requirements set forth in Section L.9.3. of this RFP. The minimum required Key personnel by discipline are:

1. Principal-in-Charge (PIC) (H.2.2.a)

2. Principal Project Manager (H.2.2.b)

3. Lead Design Manager (H.2.2.c)

4. Mechanical/Electrical/Plumbing (MEP) Project Manager (H.2.2.c)

5. Architectural/Structural (A/S) Project Manager (H.2.2.c) H.2.1.a. Other Personnel Required Proposal shall include a brief description of the below listed personnel's qualifications.

1. Historic Preservationist Architect and Historic Landscape Architect. (H.2.3.a.)

2. Administrative Office Manager (H.2.3.b.)

3. Lead MEP Inspector (H.2.3.c.)

4. Lead Architectural/Structural/General Construction Inspector (H.2.3.c.)

5. Lead Estimator/Scheduler (H.2.3.b.)

6. Public Relations/Community Liaison Specialist (H.2.3.b.)

7. Commissioning Agent (H.2.3.d.)

8. Control/Change Order Project Manager (H.2.3.f.)

Unless otherwise noted, All Personnel must have:

· At least ten (10) years specialized experience in their discipline.

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

· The project shall be at least 500,000 GSF or at least $50 million construction contract amount at award, and

· The project is “similarly complex” (as defined in Section L) to the Project described in this solicitation.

· Experience and familiarity with federal and local government office building projects and with procedural, review, and approval requirements.

· It is preferred, but not required, that the PIC, architects, engineers and project managers, be graduates of an accredited college/university with a degree in architecture, engineering, or construction management and be LEED® certified. In addition, professional certifications (e.g., CMAA certification) will result in a more favorable consideration.

· To the extent that the proposed Key Personnel have previously worked together on “similarly complex” projects before will result in more favorable consideration.

· Professional registrations and/or certifications by nationally recognized organizations (e.g., CMAA certification) will result in a more favorable consideration.

The key personnel of the CM, who will be directly assigned to this project, must have the education, experience, knowledge and expertise as outlined below. The minimum required respective experience levels are:

H.2.2 KEY PERSONNEL: DESCRIPTIONS

H.2.2.a Principal-In-Charge (PIC)

The PIC is responsible for the overall administration and coordination of this contract, general direction, and accomplishment of contractual functions on the project. At a minimum, the PPM must commit 70% of a standard 40-hour workweek (28-manhours) to the Project until this contract is completed The PIC shall work closely and cooperatively with the COR during all phases of the projects. The PIC shall be responsible for negotiating this contract, any such modifications thereto, and for the timeliness and quality of the services. The PIC must be an officer in the firm with at least 15 years experience in the design and construction industry. The PIC shall have the ability to make legal/project commitments on behalf of the CM.

H.2.2.b. Principal Project Manager (PPM)

The CM shall designate a key senior level on-site as the PPM who shall have the primary responsibility of assisting the COR by coordinating and pro-actively managing and administering all of the day-to-day work for which the CM is responsible for through the duration of the project in all phase. The PPM must be a team player; able to work in a multidisciplinary environment; shall be energetic; detail oriented; and possess excellent communication and written skills. For this contract, the PPM duties will include all aspects of project management for design and construction, which includes activities such as: leadership and team working skills; business management (i.e., process management, stakeholder management, strategic planning, coordination, etc.); understand and possess ability to communicate technical concepts to staff and clients; management of subcontractors; knowledge of and experience in the power and energy generation market; knowledge of and experience in design and construction; knowledge of and experience in procurement, commissioning and O&M services; developing and tracking schedules, managing quality control, interaction with other disciplines (i.e., engineers, estimators, etc.), ensuring continuity with project team, brokering information to all project participants, preparing reports, letters, conducting meetings, etc.

The PPM shall demonstrate the following:

· 10-15 years of experience in design and construction industry of which at least five (5) of those 10-15 years must have been at a senior level position; and

· Four-year degree from an accredited institution of higher learning preferably in engineering, business administration/management, power plant planning, project management, finance, or related experience. In place of a 4-year degree, a total of ten (10) years experience in the power and energy fields, which include the scope of work described, will be acceptable.

In addition, it is preferred for the PPM to be a:

· Registered professional engineer;

· LEED® certified; and/or

· CMAA certification.

H.2.2.c. 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) and have a minimum of ten (10) years specialized experience in their disciplines, and possess some or all of the below listed knowledge, skills and abilities:

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

· Knowledge of local and national codes.

· Knowledge of construction methods and techniques.

· 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.

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

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

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

· Professional registration in Maryland, Virginia, or the District of Columbia is preferred.

H.2.3 Other Personnel Required: Descriptions

H.2.3.a. Historic Preservationist Architect and Historic Landscape Architect.

The CM shall provide a resume for a Historic Preservationist Architect and Historic Landscape Architect. For the Historic Landscape Architect and the Historic Preservation Architect, the CM shall provide the following information for at least one (1), but no more than four (4), projects. More favorable consideration will be given if these Key Personnel have worked on historic sites, particularly including National Historic Landmarks or sites listed in or eligible for listing in the National Register of Historic Places, of the magnitude and complexity as the St. Es Program. More favorable consideration will be given if these key personnel demonstrate competency under the proposed Secretary of the Interior’s Historic Preservation Professional Qualification Standards for these professions as outlined in the Federal Register, vol. 62, no. 119, June 20, 1997.

· Project details, including name, location, date of award, and date of completion;

· Title while serving on the project and length of time spent on the project in that capacity;

· Describe the area(s) of responsibility and how that prior experience relates to the position that the person will perform on the Program;

· Describe any unusual or unique capabilities and how those attributes relate to the position that the person will perform on the Program

· List of all applicable licenses, degrees, certifications, awards, or other noteworthy professional achievements, accolades, or recognitions.

H.2.3.b. Administrative Office Manager, Public Relations and support staff

Office personnel and architects, engineers, estimators and other professionals performing in a support capacity shall have at least seven (7) years specialized experience in the work to be performed under this contract, and possess some or all of the below listed knowledge, skills and abilities:

· 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.

· Experience in preparing correspondence, written reports, and maintaining official project records.

· Experience in conducting meetings, and briefing clients and management personnel.

· 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.

· Ability to interpret architectural and engineering plans and specifications, fluent skills in the use of all required software.

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

· Ability to inspect materials, workmanship, and construction and installation of various systems in the architect's or engineer's area of expertise.

· 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.2.3.c. Construction Inspectors (Technician Level)

Architectural, structural, mechanical, electrical, and general inspectors must have at least seven (7) years specialized experience in the work to be performed under this contract, and possess some or all of the below listed knowledge, skills and abilities:

· Ability to communicate effectively, orally and in writing.

· Experience in preparing correspondence, and maintaining official construction site records.

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

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

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

· 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.

· 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.

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

H.2.3.d. Commissioning Agent

The individuals(s) designated as the site Commissioning Agent shall possess some or all of the below listed knowledge, skills and abilities:

· Acted as the principal Commissioning Agent for at least three projects of comparable size, type and scope

· Extensive experience in the operation and troubleshooting of Heating Ventilating and Air Conditioning (HVAC) systems and energy management control systems.

· Extensive field experience is required. A minimum of five full years in this type of work is required.

· Knowledgeable in building operation and maintenance and Operations & Maintenance (O&M) training.

· Technical training in fire protection engineering.

· Commissioning, field experience, and knowledge in national building & fire codes as well as egress systems, water-based fire extinguishing systems, fire detection systems, fire alarm systems, smoke management systems.

· Knowledgeable in national building & fire codes as well as water-based fire extinguishing systems, detection systems and alarms systems.

· Knowledgeable in test and balance of both air and water systems.

· Knowledgeable in Leadership in Energy and Environmental Design (LEED) and Sustainable design criteria.

· Experienced in energy-efficient equipment design and control strategy optimization.

· Specific experience with specialty systems relative to the particular facility type (i.e. federal blast and progressive collapse requirements, security systems, etc.)

· Demonstrate experience with total building commissioning approach including building envelope, data and communication systems and other specialty systems

· Direct experience in monitoring and analyzing system operation using energy management control system trending and stand-alone data logging equipment.

· Excellent verbal and writing communication skills. Highly organized and able to work with both management and trade contractors.

· Experienced in writing commissioning specifications.

· A bachelor’s degree in mechanical or electrical engineering is strongly preferred, and P.E. license is desired. However, other technical training, past commissioning, and field experience will be considered.

· Membership with the Building Commissioning Association is desired.

· Membership with the U.S. Green Building Council is desired.

· A LEED Accredited Professional.

H.2.3.e. 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.2.3.f. Cost Control/Change Order Project Manager

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

H.3 STAFF UTILIZATION/QUALIFICATIONS

H.3.1. Personnel Utilization In the event that any personnel are unable to perform their duties due to death, illness, resignation, removal, or similar reasons, the CM shall promptly submit to the CO, in writing, the name and qualifications of a proposed replacement. No substitution shall be made without prior approval of the CO. Any approved substitutions shall be made at no increase in the contract price. However, if the approved replacement provided is paid a lesser hourly wage or salary than the employee being replaced, a reduction shall be made in the contract price equivalent to the difference in the wage or salary multiplied by the full‑time equivalent work hours remaining in the contract for the affected position, plus overhead and profit. In addition, if core CM Staff positions are prematurely vacated, for whatever reason, a reduction shall be made in the contract price equivalent to the salary or wage of the departed employee, plus overhead and profit, for the period of vacancy.

H.3.2. Substitutions No substitution shall be allowed without the advance written approval of the CO. The proposed substitute must possess equal or better qualifications and experience than the originally submitted professional. All substitutions or replacements shall be at no additional cost to the Government. In addition, the CO shall have the right to require the CM to remove and replace any personnel for cause such as, but not limited to, carelessness or incompetence in executing their duties and responsibilities under this contract.

H.4. ACCEPTANCE OF QUALIFICATIONS

H.4.1. Acceptance

The CM shall submit for approval by the CO those professional employees proposed for this project. For each person, the CM shall submit the name, proposed position, and a detailed resume. The CO shall accept or reject personnel proposed by the CM. The CO shall have the right to ask for further evidence or documentation of ability or suitability of any employee by submission of additional work samples or evidence, oral interview, testing, or other appropriate means. Within one (1) week after rejection by the CO of any proposed personnel the CM shall submit complete resumes for the proposed substitutes.

H.4.2 Removal

The CM shall employ, and require its subcontractors to employ, qualified personnel to perform the Work. The Government reserves the right to exclude, or remove from the site or building, any personnel for reasons of incompetence, carelessness, or insubordination, who violate rules and regulations concerning conduct on federal property, or whose continued employment on the site is otherwise deemed by the Government to be contrary to the public interest.

H.4.3 Further Documentation

For any employee or potential employee submitted for approval, the Government shall have the right to require the CM to provide further evidence or documentation of suitability for the intended position by submission of additional work examples or evidence, oral interview or testing, or other appropriate means.

H.4.4 Failure to Provide Qualified Personnel

Repeated failure or excessive delay by the CM to provide qualified personnel shall be deemed a default for the purposes of the Termination for Default clause.

H.5 Protection and Control of Government Records and Proprietary Information

(1) Safeguarding. The CM shall develop and utilize procedures for custody, use/handling, reproduction, preservation, storage, safeguarding, and disposition of all project records and procurement-sensitive documents and information as described in PBS 3490.1. These procedures must be designed and carried out so that there is no unauthorized disclosure of such documents and information throughout the course of Contract performance. The CM must ensure that these clauses are included in all tiers of subcontracts (if any).

(2) Disclosure. The CM and its subcontractors or consultants shall not disclose any information or data developed that is proprietary to the Government. All such information or data shall be reserved exclusively for use between the Government and the CM, including employees of the CM’s firm.

(3) Proprietary Information. In the event that performance of any work under this Contract causes the CM to gain access to proprietary and/or confidential information of other firms/contractors, the CM is required to immediately execute Technology Exchange Agreements with those firms/contractors, in order to protect the information from unauthorized uses. The CM is required to refrain from using any such information for any purposes other than for which it was furnished. The CM must immediately provide the CO with a copy of any such agreements with original dated signatures affixed.

H.6 OffiCE SPACE, EQUIPMENT, AND SUPPLIES There are no existing buildings on the campus that can be used. The CM shall provide on-site office facilities for both the CM and GSA staff consisting of two (2) triple wide trailers (one (1) of the trailers should contain a conference room), heat/cooling, plumbing, toilet facilities, telephones, janitorial services, physical security, furniture and supplies, etc. as required for the CM’s staff.

The CM shall provide on site private office space, with continuous adequate heating and cooling, for use by GSA personnel, equipped with two telephones, janitorial services, and physical security. The CM shall provide a conference room with table and chairs to accommodate up to 18 people which may be shared with the CM.

The CM shall fund and provide its own furniture, all equipment (including computers, modems, printers, fax, copiers, scanner, etc.) and supplies, telephone instruments with private service drinking water, janitorial services, and physical security for its facilities at the construction site adequate to accommodate its entire on-site staff. All equipment furnished by the CM must include replacement or maintenance service contracts and all supplies. (The CM’s own computers and equipment shall be the same quality/capacity level as the CM supplied GSA equipment listed below.) The CM shall provide, within its site office space for use by the Government (COR and Project Manager), the items described below. List of items shall include, but not be limited to, furniture, telephones and equipment, computers, software and equipment, photocopy machine, and furnished and equipped conference room. Included shall be weekly janitorial service. Please see suggested specifics below:

1. Furniture

· Desks (42” x 60”), with return, laminate or wood top, single pedestal at the desk and pedestal at the return, with lockable drawers including center drawer.

· Desk chairs with arms, height adjustment swivel tilt control, 5 span base with easy rolling casters.

· Side chairs with arms

· Drafting stool with built in foot rest, pneumatic height adjustment

· Letter size, 4 drawer lateral file cabinets, full suspension lockable drawers, laminate top, including hanging folders

· Plan tables, 37” x 72” with adjustable top and task lighting

· Mobile (on rollers) stands (vertical filing system for drawings) adjustable height for sheets up to 54”, 27” wide, 42” clamp length, free standing.

· Bookshelves, 36” wide, 3 shelves high, with laminate top

· Printer/fax tables

· Coat racks

· Storage cabinets, lockable, for office supplies

· Task lighting fixtures for desks

2. Fax Machines. New plain paper laser fax/scanner machines with state of the art operating features, and capable of faxing and receiving a minimum of 30 pages for each transmission.

3. Copiers. New plain paper laser copiers with state of the art operating features capable of automatic feed for a minimum of 50 pages for each printing job, coping standard, legal, and 11”x17” paper sizes, reduce/enlarge, collating, and stapling. All equipment shall be installed with cables, connections, telephone line for fax machine, and fully functioning. Provide next business day on site service and support for all equipment. Equipment must be equal to Xerox, Canon, and Savin.

4. Computers. New, full-featured, state of the art “IBM compatible” business desktop computers with mini-tower cases, keyboards, mice, and a minimum 3.0 GHz processors and 80GB hard drives. Computers to be network ready, compatible with GSA network (via Citrix), complying with software vendor’s recommendation (not minimum) for Micro-Station, Primavera, Prolog, Microsoft Office software with integrated graphics and sound, 19” color flat panel monitors , and latest version of Windows NT operating system. Each computer shall be capable of burning CD’s and DVD’s. New full featured lap top computers for BIM presentations to include: 2.0 GHertz, 1 GB RAM, 80 GB Hard drive, and DVD/CD-RW drive and a video card with 512 MB of dedicated RAM.

5. Printers. Full featured, state of the art printers with graphics quality; printing standard, legal, and 11”x17” paper sizes. Color printers and laser printers for black and white copies with minimum 6 pages per minute capabilities. Printers must be networked to the computers, compatible with GSA network (via Citrix), complying with software vendor's recommendation (not minimum) for Micro-Station, Primavera/SureTrak, Meridian®, and Microsoft Office software. All equipment shall be installed with cables, connections, be networked, and function fully. Provide next business day on site services and support for all computers, peripherals, and printers. Computers, peripherals, and printers shall be equal to Dell, IBM, HP, Xerox, or Cannon. Computers are to be replaced every four years for the project. Upon completion of project CM shall turn over two computer systems with electronic media capabilities that shall store, sort, and retrieve all project correspondence and design documentation.

6. Scanners. Full featured, state of the art digital flatbed scanners with automatic feed (up to 50 sheets, with 15 pages per minute), 4800 dpi optical resolution and 48 bit color with 8.5” x 14” maximum scan size and networked with the on site local network.

7. Other Equipment. 8MP+ digital cameras and a digital projector (1800+ lumens, XGA resolution) for presenting materials in meetings; laser color plotter for printing large drawings up to 36” x 48”; large color laser copier capable of copying large drawings 36” x 48”; high resolution networked mediacams (Earthcam® or equal) with MPEG capabilities, robotic/tilt/pan capabilities via a password protected web page, 20x optical, 5x digital lens, broadcasts 30fps NTSC video and streaming video. The mediacams shall be provided for all construction projects and the appropriate number and location of mediacams to capture construction all sides of buildings.

8. Signage. The CM shall be responsible for providing the signage and updating the signage for GSA construction projects that meets the latest criteria for federal GSA construction.

H.7 INSURANCE REQUIREMENT

Contract Insurance Requirements

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

· Workers' compensation and employer's liability – $100,000 or per statute

· General liability:

(1) Bodily injury – $500,000 per occurrence

(2) Property damage – $100,000 per occurrence

· Automobile liability (Automobile liability insurance written on the comprehensive form of policy):

(1) Bodily injury – $200,000 per person; and $500,000 per occurrence (2) Property damage – $20,000 per occurrence.

· Commercial/contractual general liabilities – $1,000,000 per occurrence

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.

Also see clause 52.228-5, Insurance - Work on a GOVERNMENT Installation, in Part II, Section I. Certificates of insurance shall be delivered to the CO within fifteen (15) days of the award of the contract and submitted yearly thereafter.

1. Insurance Policy. 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.

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

3. Organizational Policy. 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.

4. Insurance Coverage. 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.

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

6. FAR 52.228‑5 ‑ Insurance ‑ Work on a Government Installation (Jan 1997), See Part II, Section I, Contract Clauses

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

(a) Except as provided in paragraphs (b) and (c) of this clause, 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.

(b) The limitation of liability under paragraph (a) of this clause 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—

(1) All or substantially all of the Contractor’s business;

(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

(3) A separate and complete major industrial operation connected with the performance of this contract.

(c) 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.

(End of Clause) FAR Clause 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2006) (a) The Contractor shall comply with agency personal identity procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system.

(End of Clause) H.7 Clearance of contract employee personnel

H.7.1 Overview Homeland Security Presidential Directive-12 “Policy for a Common Identification Standard for Federal Employees and Contractors” (the Directive) became effective August 27, 2004. The CM shall comply with guidance concerning implementation of the Directive provided by the contracting officer. Notice-to Proceed shall not be issued until the clearance process described in paragraph (3) General Description of the Clearance Process below is complete.

H.7.2 Submission of Forms The CM shall submit after award the following forms and information for each contractor employee who will require access to Federally-controlled facilities and/or a Federal information system in performance of the contract.

· SF 85P, Questionnaire for Public Trust Positions (1 original and 1 copy) (SF 86A, Continuation Sheet for SF86, SF85 and SF85P, shall be used if additional space is needed)

· FD 258, Fingerprint Card (2 originals)

· OF 306, Declaration for Federal Employment (1 original) [The employee may omit answers to items 17 and 18, and signs the form in the applicant block].

· GSA Form 3665, Credit Release Authorization (1 original)

The CM shall furnish these forms to the contracting officer in a sealed envelope together with a cover letter for each applicant on the company’s letterhead. The letter shall be attached to the outside of the envelope and list the following:

· The applicant full name and the last four digits of his/her social security number

· The contract number

· The name, address and phone number of the individual who took each set of fingerprints.

H.7.3. General Description of the Clearance Process

a. FBI Name Check and FBI National Criminal History Fingerprint Check. Upon receipt of the sealed envelope containing the required forms, the Contracting Officer will forward each clearance package to the GSA Central Office for initial processing. A preliminary review will be conducted which consists of an FBI Name Check and an FBI National Criminal History Fingerprint Check. If the checks are favorable and upon initiation of the NCAIC, the contractor employee may be granted limited access to Federally-controlled facilities and Federal information systems. This process takes approximately two (2) weeks but could take longer.

b. National Agency Check with Written Inquiries and Credit (NACIC). For contractor employees who receive a favorable FBI check as described above, a National Agency Check with Written Inquiries and Credit (NACIC) will be initiated. The NACIC check includes record searches with selected sources covering specific areas of the employee’s background including credit, and written inquiries covering specific areas of the employee’s background during the past 5 years. This process takes approximately six months but could take longer.

H.7.4 Issuance of Identification Credential Upon receipt of a favorable FBI Background and NACIC checks, each contract employee may be issued an identification credential in accordance with the federally-controlled facility procedures and be granted full access to those Federal information systems necessary to accomplish the contract. The contractor shall ensure that all contract employees display their credentials in accordance with facility procedures. The contractor shall also ensure that such credentials are returned to the government as contract employees are dismissed or terminated, and upon expiration of the contract.

H.7.5 Unsuitable Employees If the Contracting Officer receives an unsuitable report on any prospective contractor employee, or if the CO finds a prospective employee to be otherwise unsuitable or unfit for his assigned duties, the contractor shall be advised immediately by the Contracting Officer that such employee will not be allowed to work under the contract. The contractor must then take action to remove the employee from the GSA contract.

H.8 PerMits and LicenseS In performance of work under this contract, the CM shall obtain 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.9 STANDARDS OF CONDUCT

The CM shall maintain satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to his employees as may be necessary. The Contractor shall ensuring that its employees do not disturb papers on desks, open desk drawers or cabinets, or use Government telephones, except as authorized. Further, the Contractor shall advise its personnel to comply with the rules set forth in the Standard of Conduct for Ethics of the Executive Branch, and other ethics rules and regulations of the federal Government.

The CM shall present itself with the highest degree of integrity and honesty andl have a written Code of Business Ethics and Conduct (CBEC). To promote compliance with such a code of business, the CM shall have an Employee Training Program and an internal control system that is:

· Suitable to the size of the company and extent of its involvement in Government contracting. This applies not only to the CM, but its subcontractors as well. The CM shall have a written CBEC within 30 days after contract award. The CM shall promote compliance by establishing an internal control system within 90 days after contract award. If the CM finds that it may not meet these milestone dates, it shall notify the CO in writing no later than two (2) weeks prior to due dates. To be granted an increase in time, the CM must give a detailed justification as to why they will not be able to meet the completion date, along with a detailed corrective action plan, e.g., narrative and a graphic timeline with activities and durations that demonstrates how they will meet the proposed extension. The CO reserves the right, at its sole discretion, to accept or reject the CM’s request, which it will do so in writing.

· Facilitate timely discover of improper conduct in connection with Government.

· Ensure corrective measures are promptly instituted and carried out.

· The CM does not need to display government fraud hotline posters if it has established a mechanism by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.