RFP Section H.doc

General Construction Services

Harry S Truman Building Modernization

Phase 1B Bid Package 3& 4 Washington, DC

HARRY S TRUMAN (HST) MODERNIZATION

PHASE 1B-BID PACKAGE 3 AND 4

PART I – THE SCHEDULE

SECTION H

SPECIAL CONTRACT REQUIREMENTS

SECTION H ‑ SPECIAL CONTRACT REQUIREMENTS

H.1 Personnel Qualifications.

H.2 Key Personnel

H.2.1 At a minimum, the Government considers the Construction Executive (CEx), Project Manager, and General Superintendent to be Key Personnel.

H.2.2 All Key Personnel must have:

H.2.2.1 At least five (5) years experience performing the work that such key personnel are proposed to perform under this contract number and

H.2.2.2 Acquired architecture, engineering, construction management, and/or construction experience of at least five (5) years on two (2) but no more than four (4) construction projects, completed within ten (10) years prior to the date of the RFP’s issuance, meeting the following two (2) characteristics:

H.2.2.2.A For at least two (2) projects, each project shall be at least $30 million construction contract amount at award, and

H.2.2.2.B For at least two (2) projects, each project is “similarly complex” to the Harry S Truman Building Modernization. Projects shall be considered “similarly complex” if they include at least two (2) of the following three (3) characteristics:

H.2.2.2.B.i The project involved a renovation or modernization to an existing, occupied office building, laboratory, hospital, or municipal building that included work on architectural, structural, electrical, mechanical, plumbing, and fire protection systems.

H.2.2.2.B.ii The project involved continuity of operation of existing mechanical, electrical and other building systems for occupied portions of the building during construction.

H.2.2.2.B.iii The project involved: a restricted site with limited space for material staging; maintaining pedestrian and vehicular traffic flow around the site; and minimizing disruption to the ongoing business operations of adjacent facilities or occupied spaces.

NOTE: (The five (5) years experience may be cumulative on the two (2) or more construction projects), H.2.3 The Construction Executive and the Project Manager must also possess the following:

H.2.3.1 Ability to communicate effectively, orally and in writing.

H.2.3.2 Experience in preparing correspondence, written reports, presentations, and in briefing clients and management personnel.

H.2.3.3 Experience in developing and maintaining complex, long term/multi‑year project management activities, including but not limited to:.

H.2.3.4 Experience in developing and controlling budgets:

H.2.3.4.A Experience in scheduling and coordination of project interactions among existing and newly occupied facilities.

H.2.3.4.B Ability to manage inter‑disciplinary teams of professionals and supporting labor categories.

H.2.3.4.C Ability to integrate competing and/or conflicting elements into the planning and execution processes so that project requirements flow smoothly.

H.2.3.4.D Experience and familiarity with Federal and Local Government office building projects, and with procedural, review, and approval requirements.

H.2.4 It is preferred, but not required, that the Construction Executive and Project Manager be graduates of an accredited four (4) year college/university with a degree in architecture, engineering, or construction management. It is preferred, but not required, that anyone serving in the capacity of key personnel be professionally registered in Maryland, Virginia, or the District of Columbia. Professional registration and/or CMAA Certification may result in a more favorable evaluation and/or be CMAA certified.

H.3 Contract Insurance Requirements.

The Contractor shall provide insurance coverage for all risks associated with performing this contract. Liability insurance coverages, written on the comprehensive form of policy, are required as follows:

H.3.1 Workers' Compensation and Employers' Liability

Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employers' liability section of the insurance policy, except when contract operations are so commingled with a contractors' commercial operations that it would not be practical to require this coverage. Employers' liability coverage of at least $2,000,000 shall be required, except in the United States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

H.3.2 General Liability

The Contractor shall provide bodily injury liability insurance coverage written on the comprehensive form of policy of at least $2,000,000 per occurrence. (2) Property damage liability insurance shall be written on a comprehensive policy of at least $2,000,000 per occurrence.

H.3.3 Automobile Liability

The Contractor shall provide automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $1,000,000 per person and $1,000,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H.3.4 Commercial/Contractual General Liabilities

The contractor shall provide commercial/contractual general liability insurance written on the comprehensive form of policy of at least $10,000,000 aggregate from any one incident.

H.3.5 Certificate of Insurance

A current duplicate (not machine reproduced) certificate of insurance must be submitted to the Contracting Officer for approval before the Contractor begins work under this contract; duplicates of renewal certificates (not machine reproduced) obtained by the Contractor during the life of this contract must immediately be provided to the Contracting Officer. Also see the clause, "Insurance ‑ Additional Named Insured" below.

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

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

If the Contractor already has an organizational policy in effect, the Contracting Officer requires evidence that it satisfies all of the above stated requirements. The Contractor 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 reject insurance coverage that fails to meet contract requirements.

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

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

H.3.6 Insurance ‑ Additional Named Insure.

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 Security Identification Standards - HSPD-12 not needed for this contract. Identification Cards requirements noted in Security Specification Section 1541.

H.6 FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2006) H.6.1. HSPD-12 not needed for this contract

H.7 FACILITY SECURITY CLEARANCE REQUIREMENTS FOR CONTRACTOR

In order to be eligible to perform under this contract, the successful offeror must possess or be able to obtain a Department of Defense (DoD) Secret facility clearance (FCL), issued in accordance with the National Industrial Security Program Operating Manual (NISPOM), DOD 5220.22-M. Contractor personnel requiring access to classified information or areas requiring a security clearance must also possess Secret personnel security clearances. Subcontractors who will require access to classified information or areas must also possess a DoD Secret FCL and provide specific personnel with personnel security clearances. If a selected offeror does not possess the necessary FCL, the Department of State will sponsor the firm for an FCL. Sponsorship does not guarantee that the firm will receive the clearance. A period of 90 days from the date of final selection of the successful offeror will be allowed for the selected firm to obtain the necessary FCL. After this period, the Government may, at its discretion, consider awarding the contract to another qualified firm. These requirements apply to joint ventures as well; each entity comprising a qualified joint venture, as well as the joint venture itself, must possess or be able to obtain a Department of Defense (DoD) Secret facility clearance (FCL).

H.8 Unsuitable Employee

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 them take action to remove the employee from the facility and the GSA contract.

H.9 Site Access The Government retains the right to deny any Contractor personnel, including subcontractor personnel, access to the project for failure to obtain the proper security clearance. Further, the Government reserves the right to exclude or remove from the site or building any Contractor or subcontractor employee whom the Government deems incompetent, careless, insubordinate, or otherwise objectionable or whose continued employment on the work is deemed by the Government to be contrary to the public interests. In addition, the Government reserves the right to close down the job site and order contract personnel off the premises in the event of a national emergency or a shut-down.

H.10 FAR 52.236-7 Permits and Responsibilities (Nov 1991)

The Contractor, without additional expense to the Government, shall secure and pay for the building permit and for all other permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required at the time the bids are received

H.10.1 The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work.

H.10.2 It is not the responsibility of the Contractor to make certain that the Contract Documents are in accordance with applicable laws, statutes, building codes and regulations. If the Contractor observes that any of the Contract Documents are at variance therewith in any respect, he shall promptly notify the Contracting Officer in writing, and any necessary changes shall be accomplished by appropriate Modification.

H.10.3 If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Contracting Officer, he shall assume full responsibility therefore and shall bear all costs attributable thereto.

H.10.4 The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence, and shall take proper safety and health precautions to protect the work, workers, the public and the property of others.

H.10.5 The Contractor shall be responsible for dumpster location or bridging over dumpsters to perform the work.

H.11 Construction Staging Area Prior to establishing a staging area for use during construction, the Contractor shall contact the PM for approval. Limited storage is available within the zone of the building under construction. All materials entering the site will be subject to inspection and clearance by the DoS. Approximately 5% of materials entering the site will be stored in the secure storage area. The secure storage area is controlled by the DoS and all materials entering and leaving will be escorted by representatives of Diplomatic Security.

H.12 Working Hours

All work will be performed during customary working hours of the trades, unless otherwise specified in the construction documents. All demolition, material hoisting over occupied areas, and Phase 1 elevator-related structural work shall occur between the hours of 6:30 PM and 6:30 AM. Any work that generates noise above 70dB shall occur between the hours of 6:30 PM and 6:00 AM, unless prior approval is obtained from the PM and the tenant agency.

H.13 Site Security The GC shall provide security services to maintain access supervision and complete control of the construction site at all times in accordance with Security Specification Section 1541. Material and personnel access stations shall be separated and independently manned on an as-needed basis. The site shall be secured at all times.

Diplomatic Security shall provide, maintain, and implement access control procedures surveillance methods, and transit security techniques to ensure the secure integrity of the construction site is maintained at all times. All personnel and material shall be screened prior to admittance to the construction site; and are subjected to screening upon departure. Admittance to and exiting from the project site shall be in strict accordance with Section 01541 (Security Specifications) of the project contraction specification. Upon approval, contractor personnel requiring access to the facility are subject to all security rules and regulations that pertain to the facility. The site shall be secured at all times.

H.14 Inspections and Tests H.14.1 General

The GC shall perform inspections and tests throughout the design and construction process, including construction installation (placement-qualification measurements), and final inspections/tests (commissioning/performance certification).

H.14.2 Government Witness All inspections and tests called for in this Contract and/or required to verify documented contract assumptions, to establish work accomplishment, or to certify performance attainment shall be witnessed by the Government or its representative and coordinated through the Quality Control Plan and Commissioning Plan. When required, local code officials and municipal inspection personnel shall also witness inspections and tests and the GC shall be responsible for such coordination meetings/testing.

H.14.3 Site Investigations The GC shall conduct site condition inspections/tests to validate the Contract directions and the Government’s 100% Construction Documents. The Government is not responsible for any costs incurred if the GC relies on information (studies, reports, surveys, etc) provided by the Government. If the Government provides the GC with any material, the GC must verify the information before completion of Design Phase services.

H.14.4 Government Site Investigation The GC shall be responsible for verifying all site investigation data supplied by the Government. The Government does not warrant the accuracy, validity, completeness or relevance of anything contained in any report that is not factual in nature. The Government shall not be liable for any cost incurred by the GC as a result of its election to rely upon non-factual elements of the site information, such as recommendations and engineering judgments.

H.14.5 Utilities

The GC shall verify through inspection and testing; location, elevation, capacity and condition of all utilities, including electric, gas, telephone, domestic water, sanitary/storm sewers, etc. These inspections and tests shall be conducted immediately after contract award.

H.14.6 Connection to Existing Work

The GC shall verify location, available capacity, sizing, clearances and material conditions prior to construction start.

H.15 Not Used H.16 Employment Practices FAR 52.222-23 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB. 1999):

H.16.1. The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

H.16.2. The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

· Goals for minority Goals for female

· participation participation

· for each trade for each trade

36% 8%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

H.16.3. The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

H.16.4. The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--

H.16.4.ii Name, address, and telephone number of the subcontractor;

H.16.4.iii Employer's identification number of the subcontractor;

H.16.4.iv Estimated dollar amount of the subcontract;

H.16.4.v Estimated starting and completion dates of the subcontract; and

H.16.4.vi Geographical area in which the subcontract is to be performed.

H.16.5. As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is National Capitol Region.

H.17 Contractor Performance System (VPP) The General Services Administration, Public Buildings Service will be using the Vendor Past Performance (VPP) Module in Comprizon Suite to document contractor performance information. This system collects and maintains contractor performance information as required by Federal Acquisition Regulation, Subpart 42.15. The VPP module in Comprizon replaces the National Institute of Health (NIH) Contractor Performance System (CPS). The vendors past performance evaluation will be initiated in the Comprizon Suite VPP Module by the contracting officer and project manager. The Comprizon Suite system will then automatically generate an email containing an external weblink providing the vendor with access to that evaluation.

H.18.1 Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. Interim evaluations will be prepared every 6 months and may be done at any time when there is a significant change in performance. A final performance evaluation will be prepared at the time of contract completion.

H.18.2 Access to interim and final evaluations will be provided by the Comprizon Suite system once the evaluation is completed by the project manager. The Comprizon.Suite system will automatically generate an email that will be sent to vendor containing an external weblink providing the vendor with access to that evaluation. The contractor will be permitted thirty (30) days to review the evaluation and to submit additional information, comments, or a rebutting statement. Any disagreement will be referred to an individual one level above the Contracting Officer, whose decision will be final.

H.18.3 Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used by all participating Federal Agencies to support future award decisions.

H.19 On-site Construction Sign Protect the existing two project construction signs from damage. These two project signs are attached to the construction fence near the gates to the construction area. The Contractor is not permitted to install signs with their company name or names of their subcontractors.

H.20 QUANTITIES

H.20.1 H.18.1

FAR 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the GC may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

H.20.2 H.18.2

FAR 52.236-16 QUANTITY SURVEYS (APR 1984)

H.20.2.i Quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.

H.20.2.ii The Government shall conduct the original and final surveys and make the computations based on them. The GC shall conduct the surveys for any periods for which progress payments are requested and shall make the computations based on these surveys. All surveys conducted by the GC shall be conducted under the direction of a representative of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific instance.

H.20.2.iii Promptly upon completing a survey, the GC shall furnish the originals of all field notes and all other records relating to the survey or to the layout of the work to the Contracting Officer, who shall use them as necessary to determine the amount of progress payments. The GC shall retain copies of all such material furnished to the Contracting Officer.

H.21 FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997) ALTERNATE 1 (JUL 1995) a “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

b The Offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material

(If none, insert “None”)

Identification No.

c This list must be updated during performance of the contract whenever the GC determines that any other material to be delivered under this contract is hazardous.

d The apparently successful Offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful Offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful Offeror being considered non-responsible and ineligible for award.

e If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the GC shall promptly notify the Contracting Officer and resubmit the data.

f Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the GC of any responsibility or liability for the safety of Government, GC, or subcontractor personnel or property.

g Nothing contained in this clause shall relieve the GC from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

h The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

h.1 To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to— h.1.i Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

h.1.ii Obtain medical treatment for those affected by the material; and h.1.iii Have others use, duplicate, and disclose the data for the Government for these purposes.

h.2 To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h.1) of this clause, in precedence over any other clause of this contract providing for rights in data.

h.3 The Government is not precluded from using similar or identical data acquired from other sources.

i Except as provided in paragraph (i)(2), the GC shall prepare and submit a sufficient number of Material Safety Data Sheets (MSDS’s), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous materials identified in paragraph (b) of this clause.

i.1 For items shipped to consignees, the GC shall include a copy of the MSDS’s with the packing list or other suitable shipping document which accompanies each shipment. Alternatively, the GC is permitted to transmit MSDS’s to consignees in advance of receipt of shipments by consignees, if authorized in writing by the Contracting Officer.

i.2 For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the GC shall provide one copy of the MSDS’s in or on each shipping container. If affixed to the outside of each container, the MSDS’s must be placed in a weather resistant envelope.

H.22 Davis Bacon Compliance.

The Contractor shall ensure that all subcontractors are informed and understand their obligation to comply with the labor standards included in this contract. This includes the submission of certified payrolls. The Contractor shall promptly notify the government of possible non-compliance issues of any subcontractor. See Section I, Contract Clauses, Labor Standards and Section J.

H.23 Apprenticeship Plan Requirements

H.23.1 The Apprenticeship Plan submitted with the Technical proposal shall be incorporated into this contract. GSA, in an effort to promote the growth of skilled craft labor, supports the use of registered apprenticeship programs. (As used herein, the term "registered apprenticeship program" is a program that is registered with the United States Department of Labor or State Apprenticeship Counsel.)

H.23.2 The contractor must submit written certification to the GSA that all registered apprenticeship programs to be utilized under this contract are registered with the United States Department of Labor or a State Apprenticeship Council under 29 CFR Part 29. Any registered apprenticeship programs utilized after contract award shall also require written certification be submitted to the GSA.

H.23.3 LABOR /TRADE APPRENTICESHIP AND TRAINING PROGRAMS:

The Labor/Trade Apprenticeship and Training Programs submitted with the Technical Proposal are incorporated into this contract. During the performance of this contract, the contractor must submit to the Contracting Officer quarterly a Labor/Trade Apprenticeship and Training Programs Report with the following information:

· Trades to be subcontracted and those to be self-performed. Indicate if trade is to be performed using approved registered apprenticeship programs.

· Percentage of trades (subcontractors) to be awarded to entities using registered apprenticeship programs (If the Offeror is self-performing trades, identify this information as it applies to such trades).

· Target number of apprentices (by trade) to be employed under this contract. Include plan regarding recruitment and training strategies.

· New registered apprenticeship programs to be initiated as a result of this contract.

· Describe the means used to recruit and employ registered apprentice labor.

· Safety/Training Program. The contractor shall submit a training plan that includes a complete list of specific training courses and requirements to be utilized by the contractor and major trade contractors or subcontractors. Identify the number of hours and the method used to provide apprenticeship training (on-the-job training, classroom training, etc.) Provide for each contractor or subcontractor the following information regarding any safety training provided for supervision and craft labor employees: (a) How much time approximately does each company devote to safety training? (b) What steps are taken to ensure that safety training is conducted in an efficient manner?

· Dollars invested in this program (to include informal and formal classroom training) to date.

A registered apprenticeship program is defined as a program that is registered with the U.S. Department of Labor or a State Apprenticeship Council, under 29 CFR Part 29.

H.23.4 Quarterly reports are due under this contract on the 30th calendar day following the end of each quarter. Each quarter under this contract will end on March 31, June 30, September 30, and December 31 of each calendar year. Quarterly reports must be submitted to and questions concerning this report should be referred to the Contracting Officer. See Section J, Attachment 4, Apprenticeship Reporting Form.

H.24 Security Requirements

H.24.1 This contract includes security provisions which are outlined in the Contract Security Classification Specification, 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 Service (DSS) Secret facility security clearance. This clause applies to the extent that this contract involves access to information classified up to the Secret level.

H.24.2 The Contractor must possess a SECRET facility security clearance issued by 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.24.3 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.24.4 The Contractor agrees to insert terms that conform substantially to the language of this clause including this paragraph (H.24.4) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

H.24.5 Designated Contractor personnel shall have been issued SECRET personnel security clearances 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. JCAVS person summaries 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 and meet the requirements for Identification Badges noted in Security Specification 1541. 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 for all persons employed or to be employed on the project.

H.25 Dissemination, Storage and Disposal of Sensitive but Unclassified (SBU) Paper and Electronic Building Information

H.25.1 PURPOSE.

This section will outline the security requirements for the handling of sensitive but unclassified paper and electronic building information. It will also address requirements regarding the dissemination, storage and disposal of sensitive but unclassified (SBU) paper and electronic building information. Similar, though less detailed instructions are contained in the Security Classification Guide (SCG), Harry S Truman Building Renovation dated May 14, 2007, as well.

H.25.2 BACKGROUND.

These sections apply to the dissemination, storage and disposal of SBU paper and electronic building information of GSA controlled spaces, including owned, leased or delegated Federal facilities. The primary principles are as follows::

· 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.

H.25.3. LABELING OF INFORMATION:

All SBU building information will have imprinted the following on each page. Each document should also contain the WARNING NOTICE found on page 4 of the above-noted Security Classification Guide:

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.25.4. 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 via the Internet

It is no longer acceptable to transfer SBU documents over the Internet, including e-mail attachments or attachments to procurements or documents posted on FedBizOpps, without proper security, i.e. via approved encrypted means.

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 applicable requirements.

H.25.5. 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) The contractor must provide the Contracting Officer with a Notice of Disposal when taking action to destroy SBU documents. After contract award or completion of any appeals process this Notice of Disposal shall be provided by all 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) Electronic files will be removed or deleted using permanent erase utility or similar software or physically destroying the CDs or disks.

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GS-11P-10-MKC-0004