St. Es CM RFP - Section J.Final.doc

PART III

Section J List of Documents, Exhibits and Other

Attachments

J.1

HANDBOOKS, GUIDELINES, AND REFERENCE DOCUMENTS

In performing the Work, the CM shall possess the requisite knowledge and expertise of the subject matters, topics, standards, policies, and procedures as set forth in the handbooks guidelines, and references listed below. The CM shall ensure that all Work conforms to the standards, policies, and procedures set forth in all such handbooks, guidelines, and references. (All documents listed shall be as noted or the latest version. The CM shall advise the Government of, and remain current on, all updates.). In the event of any conflicts, ambiguities, or inconsistencies, the CM shall promptly notify the Government for resolution.

i. GSA Handbooks, Guidelines, and References

a. Public Buildings Service (“PBS”) P-100;

b. PBS P-120, Project Estimating Requirements for the Public Buildings Service;

c. PBS P-3440.5 – Project Estimating Requirements, August 24, 1981;

d. PBS P-3440.7 – Estimating Construction Modifications, July 1983;

e. PBS P-5900.2C, Safety and Environmental Management;

f. PBS P-8000.1A, Value Management;

g. PBS PQ-251, Value Engineering Program Guide for Design and Construction, Volume 2, Contracting Officers and Professional Services Contractors;

h. PBS PQ 260 – Metric Design Guide;

i. PBS BIM Guide Series 02 Spatial Program Validation;

j. PBS Building Commissioning Guide;

k. General Guide for Editing Specifications, April 1988;

l. PBS Pricing Desk Guide;

m. The Program Manager’s Review Guide for Integrated Baseline Review Process – April 2003;

n. PBS Business Assignment Guide Space Boundary Placement Clarification (A supplement to the Business Assignment Guide);

o. Integrated Master Plan and Integrated Master Schedule Preparation and use Guide – October 21, 2005;

p. The DHS Headquarter Consolidation at St. Elizabeths, Final Master Plan – November 10, 2008;

q. Programmatic Agreement – December 9, 2008;

r. Record of Decision for DHS Consolidation at St. Elizabeths at Southeast Washington – December 16, 2008.

ii. Other Government Handbooks, Guidelines, and References

a. U.S. Department of Defense Earned Value Management Implementation Guide – October 2006;

b. National Defense Industrial Association Program Management Systems Committee (ANSI/EIA 748 A Standard for Earned Value Management Systems Intent Guide – January 2005);

c. U.S. Department of Energy Federal Energy Management Program Building Life Cycle Cost Programs;

d. Life-Cycle Costing Manual for the Federal Energy Management Program, (NIST Handbook 135), 1987;

e. Energy Efficiency Standards for the Design and Construction of New Federal Commercial and Multi-Family High-Rise Residential Buildings (Chapter II of Title 10 of the Code of Federal Regulations, Part 433);

f. FED 6.0;

g. Interagency Security Committee Security Design Criteria, September 29, 2004;

h. The Site Security Design Guide, June 2007;

i. U.S. Department of Housing and Urban Development, “Lead Based Paint Interim Guidelines for Hazard Identification and Abatement,” June 1995;

j. Preferred Metric Units for General use by the Federal Government, Federal Standard 376B, January 27, 1993;

k. Occupational Safety and Health Administration (OSHA) standards;

l. OMB Circular A-11, Part 7;

m. Uniform Federal Accessibility Standards (UFAS), Architectural Barriers Act Accessibility Standard (ABAAS), American Disabilities Act Standards (ADA);

n. Energy Policy Act (EPACT) of 2005;

o. Renewable Energy Requirement Guidance for EPACT 2005;

p. Energy Independence and Security Act of 2007;

q. Executive Order 13423 – Strengthening Federal Environmental Energy and Transportation Management, January 28, 2008;

r. American Recovery and Reinvestment Act of 2009.

iii. Industry Handbooks, Guidelines, and References

a. LEED® 2.2 and 3 – Green Design and Construction Reference Guide – 2009

b. “Streetscape Manual” Architectural/ Engineering Subgroup (August 1992), Photoluminscent Guide Specification;

c. Building Officials and Code Administrators Codes;

d. American National Standards Institute publications, including but not limited to;

i. ANSI/ASME A17.1 Safety Code for Elevators and Escalators, & supplements;

ii. ANSI/EIA/TIA 568 B.1-2201, B.2-2001, B.3-2001, 560ª;

iii. ANSI/EIA Standard 748, Earned Value Management System (EVMS);

iv. ANSI/EIA 748-A-1998 (R2002), Earned Value Management Systems;

e. Building Industry Consulting Service International Telecommunications Distribution Methods publications;

f. National Fire Protection Association publications;

g. National Electrical Code publications;

h. National Electrical Manufacturer Association publications;

i. MIL-HNBK-881, Work Breakdown Structure (WBS) Guide, January 1998

j. Risk Management AS/NZS 4360:2004 and Risk Management Guidelines Companion to AS/NZS 4360:200;

k. Construction Specification Institute MasterFormat 2004.

ATTACHMENT 1

Name of Procurement Official

Social Security Number

PRIVACY ACT NOTICE TO EMPLOYEES AND OFFICIALS

In accordance with Privacy Act of 1974, as amended (5 U.S.C.552a), the following notice is provided:

AUTHORITY FOR COLLECTION OF INFORMATION; 41 U.S.C. 423 and Executive Order 9397.

Your signature on the original Form 333, Procurement Integrity Certification for Procurement Officials, and disclosure of Social Security Number on this page, are voluntary. However, you should realize that if the certification is not signed and the Social Security Number is not provided, you may be disqualified from particular work or duty assignments, or from the position for which you have applied or which you currently hold. Further, other appropriate action, or administrative delay in processing your certification may be taken.

Principle purpose for collection of this information;

To obtain and maintain a completed certification from any person designated as a “Procurement Official,” as defined by 41 U.S.C. 423 and applicable procurement regulations.

Routine uses which may be made of the collected information:

Transfers to Federal, state, local, or foreign agencies when relevant civil, criminal, administrative, or regulatory investigations or proceedings, including transfer to the Office of GOVERNMENT Ethics in connection with its program oversight responsibilities, or pursuant to a request by any appropriate Federal agency in connection with hiring, retention, or grievance of an employee or applicant, the issuance of a license, grant, or other benefit, to committees of the Congress, or any other use specified by the Office of Personnel Management (OPM) in the system of records entitled “OPM/GOVT-1, General Personnel Records,” as published in the Federal Register periodically by OPM.

ATTACHMENT 2

PROCUREMENT INTEGRITY CERTIFICATION FOR PROCUREMENT OFFICIALS

As a condition of serving as a Procurement Official, I ____________________________ hereby certify that I am familiar with the provisions of subsections 27(b), (c) and (e) of the Office of Federal Procurement Policy Act (41 USC 423 as amended by section 814 of Public Law 101-189. I further certify that I will not engage in any conduct prohibited by such subsections and will report immediately to the Contracting Officer any information concerning a violation or possible violation of subsections 27(a), (b), (d) or (f) of the Act and applicable implementing regulations. A written explanation of subsections 27(a) through (f) has been made available to me. I understand that, should I leave the Government during the contract of a procurement for which I have served as a Procurement Official, I have a continuing obligation under section 27 not to disclose proprietary or source selection information relating to that procurement and requirement do so certify.

SIGNATURE OF PROCUREMENT OFFICIAL

DATE

DEPARTMENT OR AGENCY

OFFICE TELEPHONE NUMBER

OPTIONAL FORM 333

ATTACHMENT 3

PROPOSAL CERTIFICATION STATEMENT

The undersigned hereby: a) acknowledges he/she has read and understands all requirements and specifications of the RFP (including attachments); b) agrees to all requirements, specifications, terms and conditions contained in this RFP; and c) offers and agrees to perform the services with the staffing identified.

(Company Name)

(Address)

(City)

(State)

(Zip)

(Telephone No.)

(Fax No.)

(Authorized Signature)

(Date)

ATTACHMENT 4

CONFLICT OF INTEREST CERTIFICATION

THIS CONFLICT OF INTEREST CERTIFICATION is made this ______ day of _______________, 2009 by ___________________________________ (“Contract No.) for the benefit of the UNITED STATES OF AMERICA (“GOVERNMENT”), as a condition to its employment by the GOVERNMENT as a consultant in any and all matters related to the U.S. Department of Homeland Security headquarters procurement (“DHS Procurement”).

The Contractor hereby certifies to the GOVERNMENT as follows:

(a) General. Subpart 9.5 of the Federal Acquisition Regulation, 48 C.F.R. 9.5, prescribes responsibilities, general rules, and procedures for identifying, evaluating, and resolving organizational conflicts of interest. Additional guidance is contained in Office of Federal Procurement Policy Letter 89-1, Conflict of Interest Policies Applicable to Consultants.

(b) Purpose. The purpose of this certification is to avoid, neutralize, or otherwise mitigate organizational conflicts of interest that might exist related to the Contractor’s performance of work required by the GOVERNMENT prior to and pursuant to a contract (“Contract”) to be negotiated in good faith between the Contractor and the GOVERNMENT for the employment of the Contractor as a consultant in connection with the DHS Procurement. Such conflicts may arise in situations including, but not limited to: the Contractor’s participation, as an Offeror or representative of an Offeror, in a procurement in which it has provided assistance in the preparation of the GOVERNMENT’s requirements and specifications; a Contractor’s providing advisory assistance to the GOVERNMENT in a procurement in which the Contractor’s firm, or one which the Contractor represents, is an actual or potential Offeror in the DHS Procurement; and a Contractor’s participation, as an Offeror or representative of an Offeror, in a procurement where the Contractor has obtained confidential or proprietary information relating to competing Offerors as a result of the Contractor’s work on prior GOVERNMENT contracts.

(c) Definition. For purposes of this clause, the term “Contractor” means: the Contractor; any of the Contractor’s parents, affiliates or other entities in which the Contractor or such parents or affiliates have a financial interest; successors in interest to the Contractor or any of its parents or affiliates; proposed consultants or subcontractors at any tier; and employees thereof.

(d) Restrictions. The Contractor agrees:

(1) To remain ineligible to participate in any capacity (including participation as a prime contractor, subcontractor, or as the representative of another party) in contracts, subcontracts, or proposals therefore (whether solicited or unsolicited) which relates, either directly or indirectly, to the Contractor’s performance of work prior to and under the Contract.

(2) To execute such Confidentiality Agreements, Statements of Non-Disclosure, or other documents which the Contracting Officer may, in his/her sole discretion, require in order to protect the proprietary nature or confidentiality of information provided by the GOVERNMENT or otherwise received by the Contractor in connection with its work prior to and under the Contract.

(3) To immediately notify the Contracting Officer of any offer of compensations, other form of payment, or thing of value, made by any source other than the GOVERNMENT to the Contractor related to services rendered prior to or under the Contract, regardless of whether such offer was made during the Contractor’s performance of work prior to or under the Contract or subsequent to its completion.

(4) To immediately notify the Contracting Officer of any conflict of interest discovered during Contractor’s performance of work; provided that the Contracting Officer shall have the right to impose such restrictions as he/she deems appropriate on Contractor’s performance based on the existence of such a conflict or, if the Contracting Officer determines that such restrictions would not adequately address the conflict of interest at issue, to terminate the Contractor’s performance of work under the task order at no additional cost to the GOVERNMENT.

(5) That in the event that Contractor knowingly withholds the existence of conflict of interest from the GOVERNMENT, that the Contracting Officer may terminate Contractor’s work under the Contract or otherwise at no cost to the GOVERNMENT and, in his/her sole discretion, demand repayment to the GOVERNMENT of all fees paid to the Contractor from the date on which it is determined that the conflict of interest arose; provided, that the foregoing shall be in addition to all other remedies and causes of action which the GOVERNMENT may have against the Contractor, including the suspension and/or debarment of the Contractor.

(6) To include this Conflict of Interest Certification, in all of the Contractor’s subcontracts at all tiers (appropriately modified to preserve the GOVERNMENT’s rights hereunder) which involve the performance of work by subcontractors or consultants I support of the Contract.

(7) That, in addition to the remedies enumerated above, the GOVERNMENT may terminate the Contract or any work performed prior to the Contract for cause in the event of the Contractor’s breach of any of the above restrictions.

(8) The Contractor hereby discloses the potential conflicts of interest as set forth in “Exhibit A” which is attached hereto and is made a part of the contract.

(9) The parties hereto have executed this Certification pursuant to due and proper authority.

(Company Name)

By:______________________________

(Authorized Representative)

(Authorized Signature)

(Date)

ATTACHMENT 5

CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT

U.S. Department of Homeland Security Headquarters Project St. Elizabeths Campus, Southeast, Washington, DC

______________________ (the “Party”), will be providing services to the United States General Services Administration’s (“GSA”) Public Buildings Service in support of the United States Department of Homeland Security’s (“DHS”) Headquarters Project to be located on the St. Elizabeths (“St. Es”) Campus, Southeast, Washington, DC.

Pursuant to such effort, the Party will be receiving and/or creating certain design and construction drawings, criteria, standards, documents and other information, including, but not limited to, certain Sensitive but Unclassified (“SBU”) information as defined in GSA Order PBS 3490.1 (whether labeled in accordance with that order or otherwise) (see Attachment A), source selection information, as that term is defined in FAR § 2.101, contractor bid or proposal information, as that term is defined in FAR § 3.104-1, information exempt from disclosure under the Freedom of Information Act, along with other information designated as “Protected Material” by the GSA St. Es Program Office (“GSA PMO”). For purposes of this Confidentiality and Non-Disclosure Agreement, the information described in this paragraph is collectively referred to as “Protected Material.”

The Party understands and acknowledges that it is responsible for the overall custody of, protection of, and access to Protected Material and that any disclosure of the Protected Material not permitted by this Confidentiality and Non-Disclosure Agreement may compromise the security of the DHS Headquarters Facility, its occupants, and the American public.

Accordingly, the Party promises to:

1.

Limit dissemination to authorized users;

Dissemination of Protected Material shall only be made upon determination that the recipient is authorized to receive it. The criterion to determine authorization with respect to SBU information is need-to-know. Other criterion may apply to other types of Protected Material, as required by Federal law. Those with a need-to-know are those who are specifically granted access for the conduct of business on behalf of or with GSA. This includes all persons or firms necessary to do work at the request of the Government, such as architects and engineers, consultants, contractors, sub-contractors, suppliers, and others that the contractor deems necessary in order to submit an offer/bid or to complete the work or contract, as well as maintenance and repair contractors and equipment service contractors.

Note: It is the responsibility of the person or firm disseminating the information to assure that the recipient is an authorized user and to keep records of recipients.

2.

Verify the identity of authorized users;

Authorized non-Government users shall provide valid identification to receive SBU information or other Protected Materials. The identification shall be presented and verified for each dissemination. Valid identification shall be all items (a) through (c) below, and including item (d), as necessary:

(a) A copy of a valid business license or other documentation granted by the state or local jurisdiction to conduct business. The license at a minimum shall provide the name, address, phone number of the company, state of incorporation, and the name of the individual legally authorized to act for the company. The business must be of the type required to do the work. A general contractor’s license may be substituted for the business license in states that issue such licenses. In the rare cases where a business license is not available from the jurisdiction, the information shall be provided and testified to by the submitter;

(b) Verification of a valid DUNS number against the company name listed don the business license or certification. Verification may be obtained through http://www.fpdc.gov, or by calling Dun & Bradstreet at 703-807-5078 to set up an account;

(c) A Valid IRS Tax ID Number of the company requesting the information; and, as necessary,

(d) A Valid picture state driver’s license shall be required of person(s) picking up SBU documents or other Protected Materials. The Party must verify with a previously validated authorized user that the individual(s) picking up the documentation is authorized to do so by the company obtaining the documents. SBU documents and other Protected Material will not be released to any individual or firm who has not, either previously or at the time of pickup, supplied the required documentation as outlined in paragraphs (a) through (c), above.

3.

Utilize the Protected Materials solely for the purposes justifying the Party’s authorization to receive Protected Materials;

4.

Prior to disclosure of any Protected Materials, require the execution of a Confidentiality and Non-Disclosure Agreement by any person or entity obtaining access to the Protected Material;

5.

Prior to disclosure of any Protected Materials, require evidence of recipient’s HSPD-12 clearance, if such clearance was required by any agency of the United States Government for work associated with the St. Es Campus;

6.

Retain hard copies of Protected Materials under lock and key at all times that Protected Materials are not being used;

7.

Retain electronic copies of Protected Materials on encrypted, password-protected hardware; and

8. Refrain from taking photographs on site, unless expressly authorized by contract or if granted written permission from the GSA PMO.

9.

Take all other necessary or prudent precautions or steps required to safeguard and control access to and distribution of the Protected Material.

Further, if the Party is not an individual, the Party promises to:

10.

Maintain a log of all persons or entities granted access to Protected Material; and

11.

Maintain a log of any reproductions of the Protected Material.

Term of Effectiveness. The above promises shall continue throughout the entire term of the applicable contract and until such promises are determined by the GSA PMO (in writing) to be no longer necessary.

Record Copies. Necessary record copies for legal purposes (such as those retained by the architect, engineer, or contractor) may be allowed by the GSA PMO (in writing) on a case-by-case basis, and must be safeguarded against unauthorized use for the term of retention.

Document Destruction. Documents shall be destroyed as directed by the GSA PMO. Destruction shall be accomplished by burning or shredding hardcopies, and/or physically destroying CDs, deleting and removing files from the electronic recycling bins, and removing material from computer hard drives using a permanent erase utility or similar software.

Disposal Certification. Within two weeks of being directed to destroy documents, the Party shall provide a written certification, signed under penalty of perjury, that it has properly disposed of the Protected Materials. I the Party is not an individual, it shall further certify that any individual or entity listed on the log required by item (9), above, has properly disposed of the SBU building documents, with the exception of the contractor’s record copy (if authorized in writing by the GSA PMO), at the time of Release of Claims to final payment.

General Requirement. The recipient acknowledges the requirement to use reasonable care, as outlined above, to safeguard the documents and, if not awarded the contract (and at the completion of any protect/appeal process) will make every reasonable and prudent effort to destroy or render useless all Protected Materials received.

Penalties. The Party acknowledges that disclosure of Protected Material is governed by several Federal statutes and regulations and that unauthorized disclosure may subject the Party, the discloser and the disclosee to criminal, civil and/or administrative penalties. These statutes include, but are not limited to, 41 U.S.C. § 423, 41 U.S.C. 253b, and 41 U.S.C. 254b.

Incorporation by Reference. This Confidentiality and Non-Disclosure Agreement shall be contractually “flowed down” to any entity or individual receiving Protected Materials. Accordingly, the Party agrees that this Confidentiality and Non-Disclosure Agreement is incorporated into the Party’s contract with GSA (the “Prime Contract”), the Party’s contract with an entity performing the Prime Contract or an entity performing under the Prime Contract (each a “Subcontract”), or the Party’s employment contract with a company performing a Prime Contract or Subcontract, as applicable.

Signed this ____day of ____, 20__, Signature

Name:

Title:

Signature of Employer or Entity performing Prime Contract or Subcontract (if required under Incorporation by Reference provision)

Signed this ____ day of ____, 200__, Signature

Name:

Title:

ATTACHMENT 6

WBS DICTIONARY

ATTACHMENT 7 – St. Es East and West Campuses Site Plan