Solicitation_GS-01P-13-BZ-D-0003.pdf

General Services Administration Public Building Service Boston Service Center

Solicitation GS-01P-13-BZ-D-0003 IDIQ Construction Services for GSA-Owned and -Leased

Federal Facilities in the Boston Metropolitan Area

SOLICITATION NUMBER: GS-01P-13-BZ-D-0003

SERVICE: Multiple Award, Indefinite Delivery/Indefinite Quantity (IDIQ) Contract for Construction Services for GSA-Owned and -Leased Federal Facilities in the Boston Metropolitan Area

LOCATION(S): Multiple

PERIOD OF PERFORMANCE: One (1) Base and Four (4) Option Years

SOLICITATION ISSUE DATE: January 25th, 2013

PRE-PROPOSAL MEETING: February 7th, 2013, 2:00 PM, Local Time

Pre-Proposal Conference at the Thomas P. O’Neill, Jr.

Federal Building, Auditorium, First Floor, Boston, Massachusetts, 02222

PRE-REGISTRATION REQUIRED

QUESTIONS: The final submission date for questions is February

13th, 2013. Questions must be sent via email to Simeon Berry at Simeon.Berry@gsa.gov.

OFFER RECEIPT DATE/TIME: February 26th, 2013, 2:00 PM, Local Time

THIS PROCUREMENT IS A 100% SMALL BUSINESS SET-ASIDE

The General Services Administration (GSA) is setting aside this contract under the following clause found in the Agreement: FAR 52.219-6 (“Notice of Total Small Business Set Aside”)

Table of Contents

THE INFORMATION COLLECTION REQUIREMENTS CONTAINED IN THIS SOLICITATION /

CONTRACT THAT ARE NOT REQUIRED BY REGULATION HAVE BEEN APPROVED BY

THE OFFICE OF MANAGEMENT AND BUDGET PURSUANT TO THE PAPERWORK

REDUCTION ACT AND ASSIGNED OMB CONTROL NO. 3990-0163.

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 mailto:Simeon.Berry@gsa.gov

Boston Service Center

Solicitation GS-01P-13-BZ-D-0003

Table of Contents

VOLUME I: THE AGREEMENT

I. PROJECT INFORMATION

I.A PROJECT SUMMARY

I.B THE CONTRACT

I.C CONTRACT LIMITATIONS

I.C.1 Maximum Contract Value I.C.2 Minimum Guarantee I.C.3 Number of Awards

I.D REPRESENTATIVE PROJECT

I.D.1 Period of Performance (APPLIES TO REPRESENTATIVE PROJECT ONLY)

I.E AUTHORIZED REPRESENTATIVES

I.F CONTRACT LIQUIDATED DAMAGES RATE

I.G BUY AMERICAN EXCEPTIONS

I.H STATEMENT OF WORK, SPECIFICATIONS, DRAWINGS, EXHIBITS, AND OTHER ATTACHMENTS

II. PRICES

II.A BASIS OF PRICING

II.A.1 Knowledge of Conditions Affecting Price II.A.2 Unit Prices and Allowances II.A.3 Options II.A.4 Bid Rates

II.B CONTRACT PRICE FORM

III. TERMS AND CONDITIONS

III.A COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

III.B CONTRACTOR RESPONSIBILITIES

III.B.1 Performance of Work by the Contractor III.B.2 Means and Methods

III.B.3 RESERVED

III.B.4 Subcontractor Coordination III.B.5 Work Components III.B.6 Coordination with Contract Requirements III.B.7 Non-Compliance of Contract Documents III.B.8 Hazardous Materials or Conditions III.B.9 Safety Plan

III.C CONTRACTOR MANAGEMENT AND PERSONNEL

III.C.1 Contractor Management and Administration III.C.2 Subcontractor Personnel Qualifications and Contractor Personnel Conduct III.C.3 Termination of Default due to Failure or Delay

III.D PROJECT SCHEDULE

III.E EXTENSIONS OF TIME

III.F INTERPRETATION OF SPECIFICATIONS AND DRAWINGS

III.G SUBMITTALS

III.H SUBSTANTIAL COMPLETION AND CONTRACT COMPLETION

III.I USE AND POSSESSION PRIOR TO SUBSTANTIAL COMPLETION

III.J FINALITY OF CONTRACT MODIFICATIONS

III.K LIQUIDATED DAMAGES

III.L INSURANCE REQUIREMENTS

III.M ORDER OF PRECEDENCE

III.N ADMINISTRATIVE MATTERS

III.N.1 Project Meetings III.N.2 Schedule of Values

Boston Service Center

Solicitation GS-01P-13-BZ-D-0003

III.N.3 Payments III.N.4 Prompt Payment III.N.5 Payment Information III.N.6 Security Clearances III.N.7 Sensitive But Unclassified (SBU) Building Information

III.O NON-COMPLIANCE WITH CONTRACT REQUIREMENTS

III.P OPTIONS AND ALLOWANCES

III.Q DELIVERY ORDER TERMS AND CONDITIONS

III.Q.1 Delivery Order Authority III.Q.2 Nature of Delivery Orders III.Q.3 Fair Opportunity for Delivery Orders III.Q.4 Prohibition against Subcontracting to another Awardee III.Q.5 Requests for Proposal Contents III.Q.6 Pre-Proposal Activities III.Q.7 Proposal Submission Methods III.Q.8 Contents of Delivery Order Proposals III.Q.9 Proposal Evaluation III.Q.10 Delivery Order Award III.Q.11 Delivery Order Submittals III.Q.12 Pre-Construction Meetings III.Q.13 Invoicing Requirements (Firm Fixed Price)

III.R CONTRACT ADMINISTRATION/CORRESPONDENCE

III.S ANNUAL MEETINGS

III.T NOTICE OF DAVIS-BACON ACT WAGE DETERMINATIONS

III.U PERFORMANCE AND PAYMENT BONDS FOR DELIVERY ORDERS

III.V CONTRACTING OFFICER’S REPRESENTATIVE (COR)

III.U.1 COR Appointment III.U.2 COR Authority III.U.3 COR Responsibilities

III.W OCCUPYING AGENCY SECURITY REQUIREMENTS

III.X COMPLETION TERM OF DELIVERY ORDERS

III.Y OUTSIDE PERFORMANCE OF WORK

III.Z CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT REQUIREMENTS

IV. CONSTRUCTION CONTRACT CLAUSES

IV.A CLAUSES INCORPORATED BY REFERENCE

IV.A.1 FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998) IV.A.2 Federal Acquisition Regulation (FAR) Clauses IV.A.3 GSA Acquisition Regulation (GSAR) Clauses IV.A.4 Total Small Business Set-Aside

IV.B CLAUSES IN FULL TEXT

IV.C SUBCONTRACT FLOW-DOWN REQUIREMENTS

IV.C.1 Subcontract Flow-Down Agreement Clauses IV.C.2 Subcontract Flow-Down FAR Clauses IV.C.3 Subcontract Flow-Down GSA Acquisition Regulation (GSAR) clauses:

VOLUME II: THE ATTACHMENTS

I.A LIST OF ATTACHMENTS

Attachment A – Standard Form SF-1442 (“Solicitation Offer and Award”) Attachment B – Contract Price Form (Agreement Section I.B.2(a)) Attachment C – Delivery Order Bid Sheet Attachment D – Standard Form 527 (“Contractor’s Qualifications and Financial Information”) Attachment E – Construction Contractor Appraisal Support System (CCASS) Form Attachment F – Document Security Notice

Boston Service Center

Solicitation GS-01P-13-BZ-D-0003

Attachment G – Standard Form 24 (“Bid Bond”) Attachment H – Standard Form 25 (“Performance Bond”) Attachment I – Standard Form 25A (“Payment Bond”) Attachment J – General Wage-Rate Decision MA130001 01/04/2013 (Applicable to the Representative Project

Only) Attachment K – Representative Project Specifications for O’Neill CPB Renovation Project, dated November 30th, Attachment L – Representative Project Drawings for O’Neill CPB Renovation Project, dated November 30th, VOLUME III: THE SOLICITATION

I. GENERAL INFORMATION

I.A THE SOLICITATION AND CONTRACT

I.B LIST OF SOLICITATION DOCUMENTS

I.C AUTHORIZED REPRESENTATIVES

I.D PRE-PROPOSAL CONFERENCE (APPLIES TO REPRESENTATIVE PROJECT)

I.E ESTIMATED PRICE RANGE (APPLIES TO REPRESENTATIVE PROJECT)

I.F FAR 52.228-1 BID GUARANTEE (SEP 96)

I.G FAR 52.236-27 SITE VISIT - CONSTRUCTION (FEB 95)

I.H RECEIPT OF OFFERS

II. PROPOSALS

II.A PROPOSAL CONTENTS

II.B PROPOSAL FORMATTING

II.C PRICE PROPOSAL

II.D BUSINESS PROPOSAL

II.E TECHNICAL PROPOSAL

III. GENERAL PROVISIONS

IV. FAR/GSAR SOLICITATION PROVISIONS

V. ADDITIONAL SOLICITATION PROVISIONS AND INSTRUCTIONS

VI. METHOD OF AWARD

VI.A EVALUATION OF OFFERS

VI.B DETERMINATION OF RESPONSIBILITY

VI.C PRICE REASONABLENESS

VI.D UNBALANCED PRICES

VI.E NON-PRICE FACTORS

VI.F EVALUATION OF JOINT VENTURE OFFERORS

VOLUME IV: REPRESENTATIONS AND CERTIFICATIONS

I. OFFEROR REPRESENTATIONS AND CERTIFICATIONS

I.A FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2012)

I.B FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

I.C GSAR 552.203-72 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT FEDERAL TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION) (APR 2012)

Boston Service Center

Solicitation GS-01P-13-BZ-D-0003

SOLICITATION NUMBER: GS-01P-13-BZ-D-0003

SERVICE: Multiple Award, Indefinite Delivery/Indefinite Quantity (IDIQ) Contract for Construction Services for GSA-Owned and -Leased Federal Facilities in the Boston Metropolitan Area

LOCATION(S): Multiple

PERIOD OF PERFORMANCE: One (1) Base and Four (4) Option Years

SOLICITATION ISSUE DATE: January 25th, 2013

PRE-PROPOSAL MEETING: February 7th, 2013, 2:00 PM, Local Time

Pre-Proposal Conference at the Thomas P. O’Neill, Jr.

Federal Building, Auditorium, First Floor, Boston, Massachusetts, 02222

PRE-REGISTRATION REQUIRED

QUESTIONS: The final submission date for questions is February 13th, 2013. Questions must be sent via email to Simeon Berry at Simeon.Berry@gsa.gov.

OFFER RECEIPT DATE/TIME: February 26th, 2013, 2:00 PM, Local Time

THIS PROCUREMENT IS A 100% SMALL BUSINESS SET-ASIDE

The General Services Administration (GSA) is setting aside this contract under the following clause found in the Agreement: FAR 52.219-6 (“Notice of Total Small Business Set Aside”)

Volume 1 of 4: The Agreement

THE INFORMATION COLLECTION REQUIREMENTS CONTAINED IN THIS SOLICITATION /

CONTRACT THAT ARE NOT REQUIRED BY REGULATION HAVE BEEN APPROVED BY

THE OFFICE OF MANAGEMENT AND BUDGET PURSUANT TO THE PAPERWORK

REDUCTION ACT AND ASSIGNED OMB CONTROL NO. 3990-0163.

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 mailto:Simeon.Berry@gsa.gov

Boston Service Center

Solicitation GS-01P-13-BZ-D-0003

VOLUME I: THE AGREEMENT

I. PROJECT INFORMATION

I.A Project Summary

This is a multiple award, Indefinite Delivery-Indefinite Quantity (IDIQ) contract for General Construction, Demolition, Carpentry, Electrical, Plumbing, HVAC and Mechanical, Roofing, Fire Suppression, etc., throughout the Boston metropolitan area (including, but not limited to, Andover, Waltham, and Haverhill, Massachusetts), issued by Region 1 of the General Services Administration, Public Buildings Service. The term of the IDIQ contracts is one (1) Base Year with four (4) Option Years.

The Government anticipates making approximately five (5) multiple awards of IDIQ construction contracts for various repairs, alterations and renovations to federally owned and leased facilities serviced by the Boston Service Center of Region 1 of the General Services Administration (GSA) and located throughout the Boston metropolitan area (including, but not limited to, Andover, Waltham, and Haverhill, Massachusetts). At a minimum, the following buildings are covered under this contract:

John F. Kennedy Federal Building (JFK)

Thomas P. O’Neill, Jr. Federal Building (O’Neill)

John W. McCormack Federal Building (McCormack)

John F. Williams Coast Guard Federal Building (Williams)

John J. Moakley Federal Courthouse (Moakley)

Fredrick C. Murphy Federal Center (Murphy)

Haverhill Social Security Administration (SSA) Building (Haverhill)

IRS Service Center (Andover)

This contract provides the Government a means to contract for construction, alteration, and repair, as well as a means for expedited procurement, and should maximize the use of commercial requirement definition and commercial practices of construction. The Contractor will be expected to handle multiple projects simultaneously without compromising timeliness of delivery and quality of service.

All awards are firm-fixed-price and contain fixed percentages for profit, overhead, bond, insurance, and general conditions, and fixed hourly rates for Project Management and Site Supervision. All other costs, such non-supervisory labor and materials, shall be priced under individual Delivery Orders. A separate, current Davis-Bacon wage determination will be issued for each Delivery Order.

The contract provides for the award of individual firm-fixed-price Delivery Orders under competitive procedures for the execution of various construction projects throughout the Boston metropolitan area (including, but not limited to, Andover, Waltham, and Haverhill, Massachusetts). The Contractor shall provide all labor, material, equipment, transportation, supervision, disposal and all other costs necessary to fulfill the requirements of each individual Delivery Order. Delivery Orders will be awarded by the Contracting Officer based on price alone or best value (considering such factors as past performance, quality of deliverables, ability to meet schedule requirements, relevant experience, cost control and price or cost, etc.).

Boston Service Center

Solicitation GS-01P-13-BZ-D-0003

The immediate requirement is for renovation of the Custom and Border Protection (CBP) / Office of Field Operations, located in 6th floor of the Thomas P. O’Neill Federal Building, Boston, Massachusetts (see Section I.D).

I.B The Contract

I.B.1 The Contract is an IDIQ, multiple award Contract with the ability to award firm-fixed-price Delivery Orders. The Contract term will be one (1) Base Year and four (4) Option Years.

I.B.2 The Contract consists of the SF-1442 and the Agreement (including the Contract Price Form) and all Attachments, which contains all applicable terms, conditions, and special and general provisions that will be applicable to all Delivery Orders issued under the Contract. Individual Delivery Orders will contain the Statement of Work, Specifications, Drawings, Exhibits, and other Attachments. The Contract contains the entire agreement of the Parties, and no prior written or oral agreement, express or implied, shall be admissible to contradict or modify any part of the Contract.

I.B.3 The Contractor shall provide and pay for all labor, materials, equipment, tools, transportation, and other facilities and services necessary for the proper execution of the work described in Delivery Orders and reasonably inferable from the Contract Documents (the Work), whether temporary or permanent. In consideration for, and upon condition of, the Contractor's completion of the Work, GSA shall pay the Contractor the price or prices agreed to for the Delivery Order, subject to the terms and conditions set forth in the Contract.

I.B.4 As the needs exist for performance under this contract, the Contracting Officer will notify the Contractors of requirements by issuing a Request for Proposal (RFP), including a scope of work, applicable wage determination, design documents and/or specifications that will include, but not be limited to, the following: (1) the nature of the work to be performed, (2) the location of the project, and (3) the project duration in calendar days. Individual Delivery Orders will be competed amongst all successful awardees, unless an exception to fair opportunity exists.

I.C Contract Limitations

I.C.1 Maximum Contract Value: The total amount of all Delivery Orders issued under the individual base contracts combined will not exceed $30,000,000.00 over the potential 5-year term of the Contract. As more Orders are issued under one Contract, the value of Orders which can be issued under the remaining Contracts drops by an equal amount. Individual Delivery Orders will range from $100,000.00 to $2,790,000.00. However, in accordance with FAR 52.216-19 (“Order Limitations”), the successful awardees will not be required (but may elect) to honor any Requests for Proposal below or above the stated limits.

I.C.2 Minimum Guarantee: The minimum guarantee will be $1,000.00 per individual contract.

I.C.3 Number of Awards: The Government anticipates making approximately five (5) multiple awards of Indefinite Delivery/Indefinite Quantity (IDIQ), construction contracts for performance of work in the Boston metropolitan area (including, but not limited to, Andover, Waltham, and Haverhill, Massachusetts). If there is insufficient qualified competition, the Government reserves the right to reduce the number of awards or make no award.

Boston Service Center

Solicitation GS-01P-13-BZ-D-0003

I.D Representative Project

Volume II, Section V of this solicitation lists the evaluation factors for award. One of these factors is “price.” For the purposes of this competition, a representative project has been chosen for which all prospective Offerors are required to submit a proposal. The price submitted for this project shall be one of the bases (along with the fixed percentages for profit, overhead, bond, insurance, and general conditions, and fixed hourly rates for Project Management and Site Supervision) for evaluation by the Government of the evaluation factor “price.”

Regarding the Representative Project, the Offeror must propose all costs necessary to complete the work in accordance with the Contract Documents, including, but not limited to, the cost of work performed by subcontractors and consultants, indirect costs, fees, expenses, taxes, and profit. This project may then become the first Delivery Order awarded under one of the successful IDIQ contracts. The representative project is as follows:

Contractor shall provide all labor, materials, equipment, transportation, supervision and disposal necessary to renovate the Custom and Border Protection (CBP) / Office of Field Operations, 6th floor of the Thomas P. O’Neill Federal Building, Boston, Massachusetts. The specification for this project is a design specification and award shall be based on price alone. All work for this Delivery Order shall be performed in strict accordance with Contract clauses, specifications, drawings, and applicable wage rate determinations as incorporated herein. The estimated price range for this Delivery Order is between $1,000,000.00 and 1,500,000.00. The period of performance for this work shall be one hundred and forty (140) calendar days from the date of Notice to Proceed.

I.D.1 Period of Performance (APPLIES TO REPRESENTATIVE PROJECT ONLY)

I.D.1(a) Commencement. The Contractor shall commence performance of the Work within 10 days after the Contractor receives the Notice to Proceed (NTP).

I.D.1(b) Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, no later than one hundred and forty (140) calendar days from issuance of Notice to Proceed (NTP).

I.D.1(c) Contract Completion. The Contractor shall achieve Contract Completion, as the term is defined in this Agreement, within 30 calendar days of Substantial Completion.

NOTE: Substantial Completion and Contract Completion will be specified separately for each Delivery Order.

I.E Authorized Representatives

I.E.1 This Contract is between the United States of America, acting by and through the Administrator of General Services (GSA), and the Contractor (the Parties). References in this Contract to “the Owner" or "the Government" shall be understood to refer to GSA. The following individual is designated as the authorized GSA representative under this Contract, unless other warranted Contracting Officers are designated in writing:

Contracting Officer

Boston Service Center

Solicitation GS-01P-13-BZ-D-0003

Name: James M. Adamo Address: 10 Causeway Street

9th Floor, 1PSA Telephone: (617) 565-8619 Email: James.Adamo@gsa.gov

See Section Volume I, III.Q.1, for individual Delivery Order authority.

Unless otherwise specified, all submissions and deliverables shall be submitted to the Contracting Officer.

I.E.2 GSAR 552.236-71, Authorities and Limitations, is incorporated by reference in this Contract.

I.F Contract Liquidated Damages Rate

Liquidated Damages for each individual Delivery Order, if required, shall be identified in the Requests for Proposal for each individual Delivery Order, as applicable. No Liquidated Damages for the Representative Project have been identified.

I.G Buy American Exceptions

For the purpose of determining Buy American requirements set forth in the Buy American Clause of the Agreement, the following construction materials and components are excepted:

NONE

I.H Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments

See Volume 2 of 4 for a complete list of Attachments, which are incorporated by reference into this Contract:

II. PRICES

II.A Basis of Pricing

The Indefinite Delivery/Indefinite Quantity (IDIQ), multiple award construction contracts contain fixed maximum percentages for profit, overhead, bond, insurance, and general conditions, and fixed maximum hourly rates for Project Management and Site Supervision. These maximum percentages and rates are contained on the Contract Price Form (Attachment B), and these ceiling rates shall apply to all Delivery Orders awarded under the contract, including the Representative Project. All other costs, such non-supervisory labor and materials, shall be priced under individual Delivery Orders, including the Representative Project, using the Delivery Order Bid Sheet (Attachment C). Applicable wage determinations will be issued for individual Delivery Orders. All work shall be accomplished in accordance with Contract clauses, applicable wage rates, and the specifications and drawings issued with each Delivery Orders.

Boston Service Center

Solicitation GS-01P-13-BZ-D-0003

All Delivery Order proposals (including the proposal for the Representative Project) shall be submitted using the attached Delivery Order Bid Sheet (see Attachment B). Any proposal not submitted using the referenced attachment may be rejected as non-responsive.

All proposals for Modification to Delivery Orders shall be submitted in accordance with GSAM Clause 552.243-71 (“Equitable Adjustments”), and shall not include costs for local travel.

As noted above, in regard to the Representative Project, the Offeror must propose all costs necessary to complete the work in accordance with the Contract Documents, including, but not limited to, the cost of work performed by subcontractors and consultants, indirect costs, fees, expenses, taxes, and profit. The same methodology shall be used for all Delivery Orders.

THE FOLLOWING SECTIONS ARE APPLICABLE TO THE REPRESENTATIVE PROJECT AND

ALL DELIVERY ORDERS UNLESS OTHERWISE INDICATED BY THE SPECIFIC DELIVERY

ORDER.

II.A.1 Knowledge of Conditions Affecting Price

FAR 52.236-3 (“Site Investigations and Conditions Affecting the Work”) is incorporated by reference in this Contract. The Contractor shall be presumed to have established all prices with knowledge of general and local conditions that may affect the cost of Contract performance at the site where the Work is to be performed, to the extent that such information is reasonably obtainable.

II.A.2 Unit Prices and Allowances

If any portion of the Work is to be performed on a unit price basis, the Unit Price shall include all costs of coordinating and incorporating the unit-priced portion of the Work into the Base Contract Work. The Contractor shall only be obligated to perform unit-priced work to the extent that an Allowance has been established in an amount sufficient to compensate the Contractor for such work at the established unit prices. The Contractor shall be obligated to perform such work in excess of a unit quantity for which an Allowance is sufficient only if directed by the Contracting Officer in writing. The Contractor shall be bound to the unit price or prices set forth herein in all equitable adjustments for changes including unit priced work, and no markups shall be applied to such unit prices.

II.A.3 Options

If any portion of the Work is to be performed upon the timely exercise of an Option, the Option Price shall include all costs of coordinating and incorporating the Option-priced portion of the Work into the Base Contract Work. An adjustment to the Contract price for such additional work shall be computed solely on the basis of the Option price or prices set forth herein. Unless otherwise specified, all options may be exercised within 90 days of Contract award.

For individual Delivery Orders, all Options will be included as individually priced line items.

II.A.4 Bid Rates

Boston Service Center

Solicitation GS-01P-13-BZ-D-0003

If this Contract includes Bid Rates to be used in determination of equitable adjustments (e.g., overhead, profit, daily rates for time-related costs), such rates shall be deemed to include all costs recoverable as components of an equitable adjustment consistent with the requirements, definitions, and exclusions applicable to equitable adjustments set forth in this Contract, and consistent with the Contractor's cost accounting practices. Unless otherwise specified, the bid rates shall be deemed to include only the Contractor's costs, and not the costs of any subcontractors.

II.B Contract Price Form

Reference SF 1442 – SOLICITATION, OFFER and AWARD (ATTACHMENT A) and the Contract Price Form (ATTACHMENT B)

III. TERMS AND CONDITIONS

[THE FOLLOWING SECTIONS ARE APPLICABLE TO THE REPRESENTATIVE PROJECT

AND ALL DELIVERY ORDERS UNLESS OTHERWISE INDICATED BY THE SPECIFIC

DELIVERY ORDER.]

III.A Commencement, Prosecution, and Completion of Work

FAR 52.211-10, Commencement, Prosecution, and Completion of Work, is supplemented as follows:

The Contractor shall not commence the Work until the Contracting Officer has issued NTP. The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion, as defined in III.H.1. If the Contract specifies different completion dates for different phases or portions of the Work, the Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of such phases or portions of the Work within the times specified.

* To be completed under individual Delivery Orders.

III.B Contractor Responsibilities

III.B.1 Performance of Work by the Contractor

For the purposes of FAR 52.236-1, Performance of Work by the Contractor, the Contractor shall perform at least fifteen (15) percent of the Work.

III.B.2 Means and Methods

Unless otherwise expressly stated in the Contract, the Contractor shall be responsible for all means and methods employed in the performance of the Contract.

III.B.3 RESERVED

III.B.4 Subcontractor Coordination

The Contractor shall be responsible for coordinating all activities of subcontractors. This responsibility includes, but not limited to, coordination of: preparation of shop drawings produced

Boston Service Center

Solicitation GS-01P-13-BZ-D-0003 by different subcontractors where their work interfaces or may potentially conflict or interfere and the installation of such work; scheduling of work by subcontractors; and use of the Project site for staging and logistics.

III.B.5 Work Components

Where installation of separate Work components as shown in the Contract Documents will result in conflict or interference between such components or with existing conditions, including allowable tolerances, it is the Contractor's responsibility to bring such conflict or interference to the attention of the Contracting Officer and seek direction before fabrication, construction, or installation of any affected work. If the Contractor fabricates, constructs, or installs any work prior to receiving such direction, the Contractor shall be assume full responsibility for all cost and time incurred to resolve or mitigate such conflict or interference.

III.B.6 Coordination with Contract Requirements

Where drawings show work without specific routing, dimensions, locations, or position relative to other work or existing conditions, and such information is not specifically defined by reference to specifications or other information supplied in the Contract Documents, the Contractor is responsible for routing, dimensioning, and locating such work in coordination with other work or existing conditions in a manner consistent with Contract requirements.

III.B.7 Non-Compliance of Contract Documents

It is not the Contractor's responsibility to ensure that the Contract Documents comply with applicable laws, statutes, building codes and regulations. If it comes to the attention of the Contractor that any of the Contract Documents do not comply with such requirements, the Contractor shall promptly notify the Contracting Officer in writing. If the Contractor performs any of the Work prior to notifying and receiving direction from the Contracting Officer, the Contractor shall assume full responsibility for correction of such work, and any fees or penalties that may be assessed for non-compliance.

III.B.8 Hazardous Materials or Conditions

The Contractor shall immediately bring to the Contracting Officer's attention any hazardous materials or conditions not disclosed in the Contract Documents discovered by or made known to the Contractor during the performance of the Contract

III.B.9 Safety Plan

The Contractor must submit a safety plan before commencing work.

III.C Contractor Management and Personnel

FAR 52.236-6, Superintendence by the Contractor, is supplemented as follows:

III.C.1 Contractor Management and Administration

Boston Service Center

Solicitation GS-01P-13-BZ-D-0003

The Contractor shall employ sufficient management and contract administration resources, including personnel responsible for project management, field superintendence, change order administration, estimating, coordination, inspection, and quality control, to ensure the proper execution and timely completion of the Work. The Contractor shall designate a principal of the firm or other senior management official to provide executive oversight and problem resolution resources to the Project for the life of the Contract.

III.C.2 Subcontractor Personnel Qualifications and Contractor Personnel Conduct

The Contractor 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.

The Contracting Officer or designee may deny the Contractor permission to assign replacement personnel to the contract if the qualifications of the replacement personnel indicate a material degradation from the skill levels indicated in the Contractor’s proposal for the contract, or if skills or reliability concerns are such that the Contracting Officer or designee believes the protection of building equipment may be jeopardized.

III.C.3 Termination of Default due to Failure or Delay

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

III.D Project Schedule

III.D.1 The Contractor shall use a Critical Path Method ("CPM") Project Schedule, or equivalent, to plan, coordinate, and perform the Work. The Project Schedule shall be produced using widely used, commercially available computer software that is capable of generating and monitoring a CPM schedule and is compatible with Meridian Proliance.® For example, compatible software includes Microsoft Project,® Primavera SureTrak,® and Primavera Project Planner.®

III.D.2 The Project Schedule shall be a rational, reasonable and realistic plan for completing the Work, and conform to requirements specified in this clause and elsewhere in this Contract.

III.D.3 The Contractor understands and acknowledges that the preparation and proper management of the Project Schedule is a material component of the Work, and that the Contract price includes all costs of compliance with Project Schedule requirements.

III.D.4. The Project Schedule shall depict all activities necessary to complete the Work, including, as applicable, all submittal and submittal review activities, all procurement activities, and all field activities, including mobilization, construction, start-up, testing, balancing, commissioning, and punch list. Activities shall be sufficiently detailed and limited in duration to enable proper planning and coordination of the Work, effective evaluation of the reasonableness and realism of the Project Schedule, accurate monitoring of progress, and reliable analysis of schedule impacts.

Boston Service Center

Solicitation GS-01P-13-BZ-D-0003

III.D.5 Within five (5) days of NTP, or such other time as may be specified for specific projects, the Contractor shall submit its Project Schedule to the Contracting Officer, together with a written narrative describing the major work activities, activities on the critical path, and major constraints underlying the sequence and logic of the Project Schedule. The Contractor shall submit the Project Schedule in both electronic and hardcopy print format.

III.D.6 The Contractor should anticipate that its initial submittal of the Project Schedule shall be subject to review and revision as contemplated by Paragraph III.D.4 and the Contractor shall devote sufficient resources for meetings, revisions, and resubmissions of the Project Schedule to address exceptions taken by the Contracting Officer to the initial submittal. The Contractor understands and acknowledges that the purpose of the initial review and resolution of exceptions is to maximize the usefulness of the Project Schedule for the Parties during Contract performance.

III.D.7 Activity durations shall be based upon reasonable and realistic allocation of the resources required to complete each activity, given physical and logistical constraints on the performance of the Work. All logic shall validly reflect physical or logistical constraints on relationships between activities. Except for the first and last activities in the Project Schedule, each activity shall have at least one predecessor and one successor relationship to form a logically connected network plan from NTP to the Contract Completion date.

III.D.8 The Project Schedule shall incorporate milestone events specified in the Contract, including, as applicable, NTP, Substantial Completion, and milestones related to specified work phases and site restrictions. The Project Schedule shall also include Contractor-defined milestones to identify target dates for critical events, based upon the Contractor's chosen sequence of work.

III.D.9 Unless a shorter period for updates is specified elsewhere, the Contractor shall update the Project Schedule monthly to reflect its actual progress in completing the Work, and submit the updated Project Schedule to the Contracting Officer within five (5) working days of the end of each month or other specified period.

III.D.10 If the Contractor revises the Project Schedule after initial submission, the Contractor shall provide in writing to the Contracting Officer a narrative describing the substance of the revision, the rationale for the revision, and the impact of the revision on the projected Substantial Completion date and the available float for all activities. The Contractor shall only revise prospective activities, durations and logic, but addition of detail to prospective activities shall not be deemed a revision if the overall duration of the detailed activity does not change.

III.D.11 If at any time the Contracting Officer finds that the Project Schedule does not comply with any Contract requirement, the Contractor shall, upon written notice of exceptions taken by the Contracting Officer, revise the Project Schedule, adjust activity progress, or provide sufficient information demonstrating compliance. Regardless of whether the Contracting Officer takes any such exception, the Contractor shall not be relieved of its responsibility for the rationality, reasonableness or realism of the Project Schedule, or its responsibility to achieve Substantial Completion within the time specified by this Contract.

III.D.12 If the Contractor fails to sufficiently address the Contracting Officer's exceptions to the Project Schedule within five (5) calendar days of written notice of same, the Contracting Officer may withhold retainage until the Project is Substantially Complete or until such time as the Contractor has complied with Project Schedule requirements.

Boston Service Center

Solicitation GS-01P-13-BZ-D-0003

III.D.13 The Contracting Officer shall be entitled, but not required, to rely upon the Project Schedule to evaluate the Contractor's progress, evaluate entitlement to extensions of time and determine the criticality or float of any activities described in such Project Schedule.

III.E Extensions of Time

FAR 52.211-13, Time Extensions, is supplemented as follows:

III.E.1 If the Contractor requests an extension of the time for Substantial Completion, the Contractor shall base its request on analysis of time impact using the Project Schedule as its baseline, and the new Substantial Completion date projected by the Project Schedule as revised to account for the impact. The Contractor's request must be submitted to the Contracting Officer in writing, and set forth facts and analysis in sufficient detail to enable the Contracting Officer to evaluate the Contractor's entitlement to an extension of time.

III.E.2 The Contractor shall only be entitled to an extension of time to the extent that Substantial Completion of the Work is delayed by causes for which the Contractor is not responsible under this Contract and to the extent that the actual or projected Substantial Completion date is later than the date required by this Contract for Substantial Completion.

III.E.3 The Contractor shall not be entitled to an extension of time if the Contractor has not updated the Project Schedule in accordance with this Contract.

III.E.4 The Government shall not be liable for any costs to mitigate time impacts incurred by the Contractor that occur less than thirty (30) calendar days after the date the Contractor submits a request for extension of time complying with this clause.

III.F Interpretation of Specifications and Drawings

FAR 52.236-21, Specifications and Drawings for Construction, and GSAR 552.236-77, Specifications and Drawings, are supplemented as follows:

III.F.1 Different requirements within the Contract Documents shall be deemed inconsistent only if compliance with both cannot be achieved.

III.F.2 Unless otherwise noted, the drawings shall be interpreted to provide for a complete construction, assembly, or installation of the Work, without regard to the detail with which material components are shown in the drawings.

III.G Submittals

FAR 52.236-21 (“Specifications and Drawings for Construction”), GSAR 552.236-78 (“Shop Drawings, Coordination Drawings, and Schedules”), and GSAR 552.236-79 (“Samples”) are supplemented as follows:

III.G.1 The Contractor shall prepare and submit to the Contracting Officer shop drawings, samples, calculations, product information, mockups, and other submittals (collectively, "submittals") demonstrating compliance with Contract requirements for all Work components as specified

Boston Service Center

Solicitation GS-01P-13-BZ-D-0003 elsewhere in this Contract. If particular submittal requirements are not specified for a component of the Work, the Contractor shall prepare submittals for such Work as directed by the Contracting Officer.

III.G.2 The Contractor shall not proceed with work or procure products or materials described or shown in submittals until the Contracting Officer has indicated approval of the submittal. Any work or activity undertaken prior to approval shall be at the Contractor’s risk; should the Contracting Officer subsequently determine that the work or activity does not comply with the Contract, the Contractor shall be responsible for all cost and time required to comply with the Contracting Officer's determination. The Contracting Officer shall have the right to order the Contractor to cease execution of work for which submittals have not been approved. The Government shall not be liable for any cost or delay incurred by the Contractor attributable to the proper exercise of this right.

III.G.3 The Contractor shall be entitled to receive notice of action on submittals within a reasonable time, given the volume or complexity of the submittals and the criticality of the affected activities to Substantial Completion as may be indicated in the Project Schedule. The Contractor shall not be entitled to receive notice of action on submittals containing variations from Contract requirements in less than twenty (20) working days.

III.H Substantial Completion and Contract Completion

FAR 52.211-10 (“Commencement, Prosecution, and Completion of Work”), FAR 52.211-12 (“Liquidated Damages [Construction]”), and GSAR 552.246-72 (“Final Inspection and Tests”) are supplemented as follows:

III.H.1 For the purposes of FAR 52.211-10, Commencement, Prosecution and Completion of Work, and FAR 52.211-12, Liquidated Damages (Construction), the Work shall be deemed complete when it is “Substantially Complete.” The Work shall be deemed "Substantially Complete" if and only if the Contractor has completed the Work and related Contract obligations in accordance with the Contract Documents, such that the Government may enjoy the intended access, occupancy, possession, and use of the entire Work without impairment due to incomplete or deficient work, and without interference from the Contractor's completion of remaining work or correction of deficiencies in completed work. In no event shall the Work be deemed Substantially Complete if all fire and life safety systems are not tested and accepted by the Authority Having Jurisdiction, where such acceptance is required under the Contract.

III.H.2 With reasonable advance notice, the Contractor shall submit to the Contracting Officer a written notice specifying a proposed Substantial Completion date (Notice of Substantial Completion). The Contracting Officer shall conduct inspections and make a determination of Substantial Completion within a reasonable time. If the Contracting Officer takes exception to the Notice of Substantial Completion, the Contractor shall be entitled to a written notice of conditions precluding determination of Substantial Completion.

III.H.3 The Contractor shall be entitled to an extension of time to address such conditions if, and to the extent that, the Contracting Officer provides notice of such conditions more than thirty (30) calendar days from receipt of the Notice of Substantial Completion.

Boston Service Center

Solicitation GS-01P-13-BZ-D-0003

III.H.4 Substantial Completion shall be established by the Contracting Officer's issuance of a written determination specifying the date upon which the Work is Substantially Complete.

III.H.5 The Contract is complete (Contract Completion) if and only if the Contractor has completed all Work and related Contract obligations, corrected all deficiencies, and complied with all conditions for final payment.

III.H.6 Unless otherwise specifically noted, or otherwise clear from context, all references in this Contract to "acceptance" shall refer to issuance of a written determination of Substantial Completion.

III.H.7 The Contractor shall not be entitled to final payment or release of any retainage held by the Government until after Contract Completion. If the Contractor does not achieve Contract Completion within the time required by this Contract, the Government shall be entitled, after providing notice to the Contractor, to complete any work remaining unfinished. The Contractor shall be liable to the Government for all costs incurred by the Government to complete such work.

III.I Use and Possession Prior to Substantial Completion

FAR 52.236-11, Use and Possession Prior to Completion, is supplemented as follows:

Exercise of the right conferred by FAR 52.236-11 shall not relieve the Contractor of responsibility for completing any unfinished components of the Work.

III.J Finality of Contract Modifications

As set forth elsewhere in this Contract, the Contractor is entitled to additional consideration under certain conditions, including the issuance of change orders. It is the Contractor's duty to include in proposals for equitable adjustment or other consideration all compensation to which it may be entitled, including cost and time. Unless otherwise explicitly stated in a modification to the Contract providing such consideration, adjustments to the Contract price or time agreed upon therein shall be deemed to provide all compensation to which the Contractor is entitled, and shall constitute final settlement of the Contractor's entitlement to compensation on account of the change or other condition giving rise to the modification.

III.K Liquidated Damages

FAR 52.211-12 (“Liquidated Damages”) is supplemented as follows:

III.K.1 The Contractor acknowledges that time is of the essence for the performance of the Work, and that determining actual damages from delay would be extremely difficult and impractical. If the Contractor fails to achieve Substantial Completion of the Work within the time specified by each Delivery Order, or the Representative Project, the Contractor shall be liable to the Government for liquidated damages at the rate specified in Section I.F (“Liquidated Damages”), for each calendar day following the required completion date that the Work is not Substantially Complete.

III.K.2 If the Contract requires different completion dates for different phases or portions of the Work, the Contractor shall be liable for liquidated damages at the specified rate for each calendar day following the required completion date that the phase or portion of Work is not Substantially

Boston Service Center

Solicitation GS-01P-13-BZ-D-0003

Complete. If a single rate is specified, the specified rate shall be apportioned between the different phases or portions of the Work.

III.K.3 If the Government elects to accept any portion of the Work not specifically designated as a phase or portion of Work with its own required completion date, the liquidated damage rate shall be apportioned between accepted work and uncompleted work, and the Contractor's liability for liquidated damages shall be computed accordingly.

III.L Insurance Requirements

III.L.1 The Contractor shall obtain and maintain for the entire life of the Contract, in addition to any insurance required by law, the following minimum kinds and amounts of insurance required pursuant to FAR clause 52.228-5 (“Insurance – Work on a Government Installation”), and GSAR 552.228-5 (“Government as Additional Insured”):

III.L.1.a Workers' compensation insurance in the amount required by the jurisdiction in which the Contract is performed. The Contractor shall obtain Employers' liability coverage of at least $100,000. If occupational diseases are not covered by workers' compensation insurance, Employers' liability coverage shall include occupational diseases.

III.L.1.b Broad form comprehensive commercial general liability insurance in the amount of at least $500,000 per occurrence. Such insurance shall include, but not be limited to, contractual liability, bodily injury and property damage.

III.L.1.c Comprehensive automobile liability covering the operation of all automobiles used in connection with performing the Contract in the amount of at least $1,000,000 per person and $500,000 per occurrence for bodily injury and $20,000 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.

III.L.2 The Contractor shall provide to the Contracting Officer proof that it is has obtained insurance required by the Contract in the form of certificates of insurance. The Contractor shall submit to the Contracting Officer all renewal certificates issued during the life of this Contract immediately upon issuance.

III.L.3 All insurance policies shall provide for notice of cancellation and shall be given to the Contracting Officer not less than thirty (30) calendar days before the effective date of such cancellation, and the certificates of insurance shall indicate that the above provision has been included. A certificate of insurance must be presented to the Contracting Officer within ten (10) calendar days after award of the contract.

III.M Order of Precedence

Different requirements within this Contract shall be deemed inconsistent only if compliance with both cannot be achieved. In case of inconsistency between Contract Documents, the following order of precedence shall apply:

(1) Construction Contract Clauses (Section IV of the Agreement)

(2) Other Provisions of the Agreement (Sections I, II, and III of the Agreement)

Boston Service Center

Solicitation GS-01P-13-BZ-D-0003

(3) Delivery Order Statement of Work

(4) Delivery Order Specifications

(5) Delivery Order Drawings

(6) Exhibits and Other Attachments

The above Order of Precedence is supplemented as follows:

In case of conflict between the specification and the proposal, the specification will govern, unless the proposal exceeds the requirements of the specification, in which case, the proposal shall govern.

In case of conflict between the Contractor's Quality Control Outline and the Quality Control Plan, the Quality Control Outline will govern, unless the Quality Control Plan exceeds the requirements of the Quality Control Outline, in which case, the Quality Control Plan shall govern.

III.N Administrative Matters

III.N.1 Project Meetings

The Contractor shall attend a preconstruction conference and shall participate in regularly scheduled Project meetings as applicable. The frequency of progress meetings shall be determined by individual Delivery Orders.

III.N.2 Schedule of Values

The Contractor shall prepare and submit for approval a detailed cost breakdown of the Contract price, to be referred to as the Schedule of Values, assigning values to each component of the Work. Values must include all direct and indirect costs, although a separate value for bond costs may be established. The Schedule of Values must contain sufficient detail to enable the Contracting Officer to evaluate applications for payment. If this Contract requires that the Project Schedule be cost loaded, the Schedule of Values will be derived from the Project Schedule.

III.N.3 Payments

FAR clause 52.232-5 (“Payments under Fixed-Price Construction Contracts”) is supplemented as follows:

III.N.3(a) Before submitting a request for payment, the Contractor shall attend pre-invoice payment meetings each month, as scheduled, with the designated Government representative for the purpose of facilitating review and approval of payment requests. Payment meetings may be conducted in person or by telephone. The Contractor shall provide documentation to support the prospective payment request.

III.N.3(b) The Contractor shall…