Chamberlain Ramp Solicitation.pdf

Ramp Removal & Granite Step Repair PBS-REG-5 Chamberlain Federal Building

INDEX

Project title: Ramp Removal & Granite Step Repair

Location: Chamberlain Federal Building Lansing, Michigan

Contract number: GS-05P-09-SP-P-0043

TABLE OF CONTENTS

NOTE: THIS TABLE OF CONTENTS IS FOR CONVENIENCE ONLY. ITS ACCURACY IS NOT GUARANTEED AND IT IS NOT TO BE CONSIDERED AS PART OF THE SPECIFICATIONS. IN CASE OF DISCREPANCY BETWEEN THE

TABLE OF CONTENTS AND THE SPECIFICATION, THE SPECIFICATION SHALL GOVERN.

Section 1: Notice of Solicitation Section 2: Standard Form 1442 Section 3: Original Scope of Work Section 4: Original Clauses Section 5: Supplementary Instructions Section 6: Past Performance Reference Section 7: Wage Determinations Section 8: Original Drawings Section 9: Original Provisions

END OF INDEX

THIS PAGE INTENTIONALLY LEFT BLANK.

SOLICITATION: GS-05P-09-SP-P-0043

ATTENTION OFFEROR: You are cautioned to carefully read the entire solicitation in order to be fully aware of all requirements, provisions, and clauses. Fill-ins should be properly completed and verified. All copies should contain the same information. Verify calculations before signing your offer.

Negotiated Procurement This is a negotiated procurement. There will NOT be a public opening. The number of offers received the identity of offerors, the amount of any offer or relative standing of any offer will not be disclosed.

Site Visit Site visit is scheduled for Tuesday, July 28, 2009 at 10:00 AM Eastern. Please contact Steven Byker at 313-226-5010 to confirm.

Central Contractor Registration You must be registered to receive award. If you are not registered, please visit www.ccr.gov and register before submitting quote. If you are already registered, please make sure your information is accurate and up to date before submitting quote.

Offer Submission The following documents must be submitted with your offer:

1. Standard Form 1442 – Solicitation, Offer and Award (Construction, Alteration, or Repair)

2. Annual Representations and Certification – last page of package

Bid Guarantee No bid guarantee is required.

Submission Information Submit offers to:

U.S. General Services Administration Office of Tenant Operations Michigan Procurement Team 477 Michigan Ave., Ste. 1540R Detroit, MI 48226

Attn: Malcolm Lewis

Offer Due Date Offers are due Monday, August 17, 2009 at 2:00 PM Eastern Time.

Late bids may be considered non-responsive.

24th June, 2009

SCOPE OF WORK

Remove Handicap Ramp and Replace with Steps

Charles Chamberlain Federal Building 315 West Allegan Lansing, Michigan

PURPOSE

The purpose of this Scope of Work is to provide all labor, supervision, materials and equipment to remove all granite for government storage, remove railings and concrete associated with the handicap ramp, replace broken concrete, replace the ramp with granite steps to match the other building entrances, and restore the landscaping to match the existing landscaping.

CONTRACT REQUIREMENTS

A. CONTRACTOR RESPONSIBILITY

The contractor shall provide all management, supervision, labor, materials, supplies and equipment and shall plan, schedule, coordinate, and assure effective completion of all work described herein. Contractor to provide all materials and equipment necessary to provide a complete project even if not specifically mentioned or listed within these documents. Insufficient information or description of materials or labor, which prevent the acceptance of these drawings and specifications as adequate to complete the work, must be reported to the government representative, in writing, prior to submitting a bid. Listing an exclusion in the bid response does not meet this criteria. The contractor’s bid shall be construed as an offer to complete all work without additional cost to the government.

B. CONTRACTOR ON-SITE REPRESENTATION

On-Site Representative. The contractor shall provide in writing to the Contracting Officer’s Technical Representative (COTR) the name, telephone number and address of the contractor’s on-site representative (working supervisor ). The term “on-site representative” means a person designated in writing by the contractor who has the authority to act for the contractor on a day-to-day basis at the work site and to accept and sign for notices of deductions, inspection reports and all other correspondence on behalf of the contractor. The on-site representative must be available at all times when the contract work is in progress. The contractor must provide the name of qualified substitute on-site representatives that will fill in when the primary on-site representative is not available. All on-site representative personnel engaged in directing the work to be accomplished under this contract shall possess an acceptable level of experience and knowledge to carry out the terms of this contract. GSA will not supervise contractor’s employees directly or indirectly.

C. GSA PERSONNEL

Contracting Officer’s Technical Representative (COT R). The COTR is the individual designated by the Contracting Officer at the time of award to be responsible for the day-to-day administration of the contract. The COTR for this project is Jeffrey Carpenter, who can be reached at (313) 226-5974. Mr.

Carpenter’s on-site representative is Steve Byker who can be reached at (313) 226-5010.

Coordination: All work is to be coordinated with the General Services Administration, Gerald R. Ford Federal Building, 110 Michigan St. NW, Room 293. The Property Manager, Fred McWain, is the contact person for scheduling, coordination and general information regarding tenant requirements, and can be reached at (313) 226-2628.

D. QUALITY ASSURANCE

Safety Meeting . The Contractor’s on-site Rep and Project Manager shall meet with the CO or his/her representative(s) prior to the start of work under this contract for the purpose of reviewing the Contractor's safety and environmental programs and discussing implementation of all safety and environmental provisions pertinent to the work to be performed under the contract. The Contractor shall be prepared to discuss, in detail, the measures he/she intends to take in order to control any unsafe or unhealthy conditions, disposal of waste, and control releases to the environment associated with the work to be performed under the contract. The level of detail for the safety meeting is dependent upon the nature of the work and the potential inherent hazards. This meeting shall be held in conjunction with the Pre- Construction meeting.

Compliance with Regulations. All work, including contact with and handling of hazardous materials/wastes, the disturbance or dismantling of structures containing hazardous materials and/or the disposal of hazardous materials/wastes shall comply with the applicable requirements of 29 CFR 1926, 40 CFR 260-265, and 40 CFR 61. All work shall comply with applicable state and municipal safety and environmental requirements. Where there is a conflict between applicable regulations, the most stringent shall apply.

Contractor Responsibility . The Contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel and environmental management during the execution of work, and shall hold the Government harmless for any action on his/her part or that of his/her employees or subcontractors, which results in illness, injury or death.

E. EMERGENCY REPORTING

The contractor is responsible to notify the COTR whenever the contractor becomes aware that building equipment or systems, including elevators, are non-operational. Fire alarm system malfunctions must be reported immediately to the COTR. In the case of fire alarm activation or a safety emergency the contractor shall immediately report the incident to the GSA Federal Protective Service / Security Control Center. The guard on duty or the Federal Protective Service Control Center shall be notified when an unauthorized or suspicious person is seen on the premises.

THE GSA FEDERAL PROTECTIVE SERVICE / SECURITY CONTR OL CENTER EMERGENCY

TELEPHONE NUMBER IS: 877-437-7411

F. PROTECTION TO PUBLIC AND PROPERTY

The Contractor shall take all necessary precautions to prevent injury to the public, building occupants, or damage to property of others. For the purposes of this contract, the public or building occupants shall include all persons not employed by the Contractor or a subcontractor working under his/her direction.

a. Storing, positioning or use of equipment, tools, materials, scraps, trash, and furniture in a manner likely to present a hazard to the public or building Occupants by its accidental shifting, ignition, or other hazardous qualities is prohibited.

b. No corridor, aisle, stairway, door, or exit shall be obstructed or used in such a manner as to encroach upon routes of ingress or egress utilized by the public or building occupants, or to present unsafe or unhealthy conditions to the public or building occupants.

c. Work shall not be performed in any area occupied by the public or building occupants unless specifically permitted by the contract or the COR and unless adequate steps are taken for the protection of the public or Federal employees.

d. Wherever practicable, the work area shall be fenced, barricaded, or otherwise blocked off from the public or building occupants to prevent unauthorized entry into the work area.

e. When the nature of the work prevents isolation of the work area-and the public or building occupants may be in or pass through, under, or over the work area, alternate precautions such as the posting of signs, the use of signal persons, the erection of barricades or similar protection around particularly hazardous operations shall be used as appropriate.

f. When work is to be performed over a public thoroughfare such as a sidewalk, lobby, or corridor, the thoroughfare shall be closed, if possible, or other precautions taken such as the installation of screens or barricades. When the exposure to heavy falling objects exists, as during the erection of building walls or during demolition, special protection of the type detailed in 29 CFR 1910/1926 shall be provided. Fences and barricades shall be removed upon completion of the project, in accordance with local ordinances and to the satisfaction of the COR or his/her representative(s).

G. GENERAL

a. The attached construction drawings are representati onal and contractors are encouraged to visit the project site to determine work conditions and measurements prior to submitting a bid.

b. All work shall be completed and performed in accordance with the best practices of the trade and in compliance with all-applicable state and local codes.

c. All surfaces adversely affected by the contractor shall be repaired to match the existing finishes.

d. All demolition debris to be removed from the premises daily. A construction debris dumpster will not be made available for the Contractors’ use.

e. All work areas shall be kept neat and clean. Sweep and/or vacuum upon completion of work as needed to leave a clean work area. Utilize plastic sheeting to control dust.

f. All work in these areas shall be completed promptly to limit the disruption to our tenants.

g. Provide accessories and miscellaneous items as requ ired to provide a complete project, even though each item is not specifically shown on drawi ngs, mentioned or described.

H. SECURITY REQUIREMENTS & BADGES

All contractors are required to display a GSA issued Building pass while on Federal Building properties.

The badge must be visibly worn between the shoulders and the waistline. Contractors are required to pass security and go through a metal detector at the beginning of each workday.

A. These procedures implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

B. GSA requires prospective long term (recurring, daily) PBS contract (including subcontract when identified and required by the Government) employees (i.e., custodians, elevator and mechanical maintenance mechanics, guards, child care employees, construction workers, etc.) to undergo a pre-employment criminal history check and wanted person check prior to being employed under the contract and/or granted access to GSA-controlled buildings. A determination for suitability for Federal employment will be made on these applicants to determine eligibility to function in a position of trust, and to identify potential risk or threats to the safety and security of personnel and property. The Property Manager, Contracting Officer’s Technical Representative (COTR) and Contracting Officer (CO) will determine the level of risk for contract employees employed under this contract.

C. The Security Risk Level for this contract is: Low Risk - those non-sensitive positions whose job functions have minimal impact on the agency mission. This level requires a National Agency Check with Inquiries (NACI).

D. After award, the COTR will contact the contractor to review the particular security clearance process and procedures for the covered facility that will involve paper and/or electronic methods of documenting employee background history and fingerprints. Occupant agencies may require separate special clearances for access to certain areas covered under this contract. Once the COTR has completed the review, the Contractor shall accurately and thoroughly complete (submit) the necessary clearances within 10 calendar days. Failure to do so may result in the contract being terminated for default.

E. Notice to proceed with the contract will not be issued to the Contractor until an adequate number of applicable employee clearances have been granted by the Government.

F. No employee shall be allowed to perform any on-site work under this contract without receiving prior clearance from GSA and/or authorization of the COTR or Property Manager.

G. It is the Contractor’s responsibility to ensure that employee security clearances are current and that any recertification is completed within required time frames. Any employee with an expired clearance may be removed from the facility and the Government will not be party to the “employment” status of the employee due to an expired clearance.

H. Once contract performance has begun and the Contractor has a need to add new and/or replacement employees, the Contractor shall contact the COTR to verify the current security clearance process. This shall be accomplished at least 45 days in advance of when the Contractor would require the employee to start work under the contract.

I. The Government shall have, and exercise, full and complete control over granting, denying, withholding, and terminating clearances for any employee.

I. SPECIFICATIONS

The purpose of this Scope of Work is to provide all labor, supervision, materials and equipment to remove selected granite for government storage, remove railings and concrete associated with the handicap ramp, replace broken concrete, replace the ramp with granite steps to match the other building entrances as shown on the attached pictures and drawings, and restore the landscaping to match the existing landscaping.

1. Demolition of the existing Ramp:

a. The contractor shall remove all granite slabs that are attached to the concrete walls of the handicap ramp.

1. The contractor will remove all excess caulk from the granite prior to storing it.

2. The contractor will haul selected pieces of the granite into the basement for storage.

3. The contractor will use some pieces of the demolished concrete to rebuild the steps.

b. The contractor shall remove the concrete wall, footings, and all anchors holding the granite slabs.

c. The Contractor shall remove the handicap ramp.

d. The contractor shall remove and dispose of the existing railing in the ramp.

e. The contractor shall remove and replace the concrete sidewalk as shown on the attached drawings.

2. Granite Steps:

a. Furnish and Install new granite slabs in order to rebuild the steps.

b. Furnish and Install new railings to match the railings in both style and color.

3. Landscape Restoration:

a. The contractor shall restore the landscaping to match the existing building conditions.

1. The contractor shall provide and install all necessary topsoil and grass seed to restore the affected area to grass.

2. The contractor shall provide and install all necessary landscape edging to restore the affected planting areas.

J. SUBMITTALS FOR APPROVAL PRIOR TO COMMENCEMENT OF WORK

1. Project Schedule, as discussed in Paragraph “P” below.

2. Granite Samples.

3. Product Data Sheets for railings.

K. QUALITY CONTROL SERVICES

The quality control services include tests, inspections and related actions, including reports performed by the Contractor, independent agencies or governing authorities.

L. MATERIALS (Note: All materials shall have a recy cled content where available) Affirmative Procurement Program GSA, as a Federal procurement agency, is required to procure and use products containing recovered materials, environmentally preferable materials, and biobased products. These items will be used to the maximum extent feasible unless the item is not available competitively within a reasonable time frame, does not meet appropriate performance standards, or is only available at an unreasonable price.

In support of this program, products that meet the following criteria are considered acceptable:

(1) Products specified by the U.S. Environmental Protection Agency (EPA) as Comprehensive Procurement Guideline (CPG) items and their associated Recovered Materials Advisory Notices (RMANs). The list of CPG items is available at http://www.epa.gov/cpg.

(2) Products designated as environmentally oriented in the GSA Federal Supply Service "Environmental Products and Services Guide." This guide is available at http://www.fedcenter.gov/Documents/index.cfm?id=517&pge_id=1606.

(3) Information regarding the United States Department of Agriculture’s (USDA) Federal Biobased Products Preferred Procurement Program is available on the Internet at http://www.biobased.oce.usda.gov.

In accordance with FAR 52.223-9, Certification and Estimate of Percentage of Recovered Material Content for EPA-Designated Items, the contractor must provide the required certification and estimate at contract completion. In addition, interim annual reports, estimating the percentage of total recovered materials use in contract performance, including, if applicable, the percentage of post consumer material content, shall be provided by the contractor no later than November 1 of each year, with data for the preceding twelve month period ending September 30th.

In support of the Governments goal to promote recycling of construction material, a searchable database of construction and demolition debris recycling firms nationwide is available at http://www.wbdg.org/tools/cwm.php?c=6.

Where applicable, Cement and fly ash: Supplier shall certify that no hazardous waste is used in the mix.

Where applicable, concrete: High early strength so that no more than 14 days of curing time is required in order to use the entrance ramp.

M. SPECIAL NOTE TO CONTRACTOR :

A. A pre-construction meeting may be held at the job site with the following in attendance:

1. Contractor,

2. GSA’s Contracting Officers Rep, and

3. Agency(s) representative(s).

B. Work shall not begin until a pre-construction meeting (if necessary) has been held and/or all questions and clarification raised have been addressed and/or resolved.

C The Contractor shall take note that only the GSA Contracting Office is authorized to make changes to this contract. If the contractor makes changes without authorization from GSA, they will be held liable for any increase in costs.

D. Due to ongoing contracts, GSA will not provide any parking to contractor vehicles. They will only be allowed to use the dock area to load or unload materials to be taken from or delivered to the job site. Contractor will be responsible to get their own parking, absolutely no exceptions.

E. Failure by the contractor to visit the site and ver ify actual site conditions will not be grounds for increased contract cost after award

N. WARRANTY ON MATERIALS AND EQUIPMENT :

Unless otherwise provided in the specifications for specific items, the contractor agrees to guarantee all material (Excluding Government furnished equipment/Government furnished material) and labor for a period of one year. The warranty shall begin on the date the Government accepts the project.

Acceptance will be made in writing.

O. SCHEDULING

All work shall be conducted outside of normal building hours. Scheduling shall be coordinated with the designated Property Manager and COTR.

Normal building hours are Monday - Friday 7:00 am - 5:00 p.m., except those days designated as federal holidays. The Contractor shall propose a schedule, which shall be discussed with the Property Manager and COTR. The final schedule shall be approved by the COR prior to the commencement of the actual work.

All work shall be completed within 60 days of the N otice to Proceed. Liquidated damages in the amount of $250 per day shall be assessed for in excusable delays beyond the contract completion date.

NO work on-site shall begin prior to the Notice to Proceed being issued in writing by the Contracting Officer.

3508SAP

CONSTRUCTION CONTRACT CLAUSES

SIMPLIFIED ACQUISITION PROCEDURES

CATEGORY CLAUSE REFERENCE TITLE

GENERAL

1.1 FAR 52.202-1 Definitions

1.2 FAR 52.204-7 Central Contractor Registration (CCR)

1.3 FAR 52.233-3 Protest After Award

1.4 FAR 52.236-7 Permits and Responsibilities

1.5 FAR 52.236-8 Other Contracts

1.6 FAR 52.253-1 Computer Generated Forms

1.7 GSAR 552.211-72 Reference to Specifications in Drawings

1.8 GSAR 552.236-70 Definitions

1.9 GSAR 552.236-71 Authorities and Limitations

1.10 GSAR 552.236-72 Specialist

1.11 GSAR 552.236-82 Subcontracts

1.12 GSAR 552.252-6 Authorized Deviations in Clauses (Deviations FAR

52.252-6)

1.13 GSAR 552.203-71 Restriction on Advertising

STANDARDS OF CONDUCT

2.1 FAR 52.203-3 Gratuities

2.2 FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity

2.3 FAR 52.203-12 Limitation on Payments to Influence Certain Federal

Transactions

BONDS AND INSURANCE

3.1 FAR 52.228-1 Bid Guarantee

3.2 FAR 52.228-2 Additional Bond Security

3.3 FAR 52.228-5 Insurance—Work on a Government Installation

3.4 FAR 52.228-11 Pledge of Assets

3.5 FAR 52.228-13 Alternative Payment Protections

3.6 FAR 52.228-14 Irrevocable Letter of Credit

3.7 FAR 52.228-15 Performance and Payment Bonds—Construction

SITE CONDITIONS

4.1 FAR 52.236-2 Differing Site Conditions

4.2 FAR 52.236-3 Site Investigation and Conditions Affecting the Work

4.3 GSAR 552.236-76 Measurements

SPECIFICATIONS AND DRAWING

5.1 FAR 52.236-21 Specifications and Drawings for Construction

5.2 GSAR 552.236-77 Specifications and Drawings

5.3 GSAR 552.236-78 Shop Drawings, Coordination Drawings, and Sched-ules

PERFORMANCE

6.1 FAR 52.236-15 Schedules for Construction Contracts

6.2 FAR 52.236-1 Performance of Work by Contractor

6.3 FAR 52.236-5 Material and Workmanship

6.4 FAR 52.236-6 Superintendence by the Contractor

6.5 FAR 52.236-9 Protection of Existing Vegetation, Structures, Equip-ment, Utilities, and Improvements

6.6 FAR 52.236-10 Operations and Storage Areas

6.7 FAR 52.236-12 Cleaning Up

6.8 FAR 52.236-13 Accident Prevention

6.9 FAR 52.236-14 Availability and Use of Utility Services

6.10 FAR 52.236-17 Layout of Work

6.11 FAR 52.236-26 Preconstruction Conference

6.12 GSAR 552.236-74 Working Hours

6.13 GSAR 552.236-75 Use of Premises

6.14 GSAR 552.236-79 Samples

6.15 GSAR 552.236-80 Heat

USE AND POSSESSION

7.1 FAR 52.236-11 Use and Possession Prior to Completion

7.2 GSAR 552.236-81 Use of Equipment by the Government

INSPECTION

8.1 FAR 52.246-12 Inspection of Construction

8.2 GSAR 552.246-72 Final Inspection and Tests

WARRANTY AND GUARANTEES

9.1 FAR 52.246-21 Warranty of Construction

9.2 GSAR 552.246-75 Guarantees

BUY AMERICAN AND TRADE AGREEMENTS

10.1 FAR 52.225-9 Buy American Act—Construction Materials

10.2 FAR 52.233-4 Applicable Law for Breach of Contract Claim

EMPLOYMENT PRACTICES AND LABOR STANDARDS

11.1 FAR 52.222-1 Notice to the Government of Labor Disputes

11.2 FAR 52.222-3 Convict Labor

11.3 FAR 52.222-6 Davis-Bacon Act

11.4 FAR 52.222-7 Withholding of Funds

11.5 FAR 52.222-8 Payrolls and Basic Records

11.6 FAR 52.222-9 Apprentices and Trainees

11.7 FAR 52.222-10 Compliance with Copeland Act Requirements

11.8 FAR 52.222-11 Subcontracts (Labor Standards)

11.9 FAR 52.222-12 Contract Termination—Debarment

11.10 FAR 52.222-13 Compliance with Davis-Bacon and Related Act Regu-lations

11.11 FAR 52.222-14 Disputes Concerning Labor Standards

11.12 FAR 52.222-15 Certification of Eligibility

11.13 FAR 52.222-21 Prohibition of Segregated Facilities

11.14 FAR 52.222-26 Equal Opportunity

11.15 FAR 52.222-27 Affirmative Action Compliance Requirements for Con-struction

11.16 FAR 52.222-35 Equal Opportunity for Special Disabled Veterans, Vet-erans of the Vietnam Era, and Other Eligible Veterans

11.17 FAR 52.222-36 Affirmative Action for Workers with Disabilities

11.18 FAR 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era

SUBCONTRACTING

12.1 FAR 52.209-6 Protecting the Government’s Interests when Subcon-tracting

12.2 FAR 52.219-8 Utilization of Small Business Concerns

PAYMENT

13.1 FAR 52.232-5 Payments Under Fixed-Price Construction Contracts

13.2 FAR 52.232-23 Assignment of Claims

13.3 FAR 52.232-27 Prompt Payment for Construction

13.4 FAR 52.232-33 Payment by Electronic Funds Transfer—Central Con-tractor Registration (CCR)

13.5 GSAR 552.232-70 Invoice Requirements

13.6 GSAR 552.232-78 Payment Information

STOP WORK AND TERMINATION

14.1 FAR 52.249-1 Termination for Convenience of the Government

(Fixed Price) (Short Form)

14.2 FAR 52.249-10 Default (Fixed Price Construction)

14.3 FAR 52.249-14 Excusable Delays

DISPUTES

15.1 FAR 52.233-1 Disputes (Alt I)

OTHER

16.1 FAR 52.223-2 Affirmative Procurement of Biobased Products Under

Service and Construction Contracts

16.2 FAR 52.223-5 Pollution Prevention and Right-to-Know Information

16.3 FAR 52.223-15 Energy Efficiency in Energy-Consuming Products

16.4 FAR 52.225-13 Restrictions on Certain Foreign Purchases

16.5 FAR 52.242-14 Suspension of Work

16.6 FAR 52.243-5 Changes and Changed Conditions

16.7 FAR 52.219-28 Post Award Small Business Representation

16.8 FAR 52.204-9 Personal Identity Verification of Contractor Personnel

16.9 FAR 52.213-4 Terms and Conditions

16.10 GSAR 552.229-70 Federal, State, and Local Taxes

16.11 FAR 52.223-17 Affirmative Procurement of EPA-designated items in service and construction contracts

GENERAL

1.1. FAR 52.202-1 DEFINITIONS (JUL 2004)

(a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Ac-quisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless—

(1) The solicitation, or amended solicitation, provides a different definition;

(2) The contracting parties agree to a different definition;

(3) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a dif-ferent meaning; or

(4) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is lo-cated. The FAR Index is available via the Internet at http:// www.acqnet.gov at the end of the FAR, af-ter the FAR Appendix.

1.2. FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (AUG 2008)

(a) Definitions. As used in this clause— “Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the

Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and

(C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the

Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

1.3 FAR 52.233-3 PROTEST AFTER AWARD (AUG 1996)

(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Con-tractor to stop performance of the work called for by this contract. The order shall be specifically identi-fied as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall im-mediately comply with its terms and take all reasonable steps to minimize the incurrence of costs al-locable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Conven-ience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accord-ingly, if—

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost prop-erly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its rights to an adjustment within 30 days after the end of the period of work stoppage; provided that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under the contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the conven-ience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the

Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(e) The Government’s rights to terminate this contract at any time are not affected by action taken under this clause.

(f) If, as the result of the Contractor’s intentional or negligent misstatement, misrepresentation, or miscer-tification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2)or 33.104(h)(1), the Government may require the Contractor to reimburse the Gov-ernment the amount of such costs. In addition to any other remedy available, and pursuant to the re-quirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government.

1.4 FAR 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any nec-essary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. 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. The Con-tractor shall also be responsible for all materials delivered and work performed until completion and ac-ceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

1.5 FAR 52.236-8 OTHER CONTRACTS (APR 1984)

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with Govern-ment employees and shall carefully adapt scheduling and performing the work under this contract to ac-commodate the additional work, heeding any direction that may be provided by the Contracting Officer.

The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

1.6 FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

(a) Any data required to be submitted on a Standard or Optional Form prescribed by the Federal Acquisi-tion Regulation (FAR) may be submitted on a computer generated version of the form, provided, there is no change to the name, content, or sequence of the data elements on the form, and provided the form carries the Standard or Optional Form number and edition date.

(b) Unless prohibited by agency regulations, any data required to be submitted on an agency unique form prescribed by an agency supplement to the FAR may be submitted on a computer generated version of the form provided there is no change to the name, content, or sequence of the data elements on the form and provided the form carries the agency form number and edition date.

(c) If the Contractor submits a computer generated version of a form that is different than the required form, then the rights and obligations of the parties will be determined based on the content of the re-quired form.

1.7 GSAR 552.211-72 REFERENCES TO SPECIFICATIONS IN DRAWINGS (FEB 1996)

If military or other drawings are made a part of this contract, any reference in the drawings to Federal specifications or standards will be considered to be a reference to the date of such Federal specification or standard identified in the contract. If the date of the Federal specification or standard is not identified in the contract, the edition, including revisions thereto, in effect on the date the solicitation is issued will ap-ply.

1.8 GSAR 552.236-70 DEFINITIONS (APR 1984)

The terms “Administration” and “Service” as used in this contract shall mean the General Services Ad-ministration (GSA) and the Public Buildings Service (PBS), respectively.

1.9 GSAR 552.236-71 AUTHORITIES AND LIMITATIONS (APR 1984)

(a) All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested in him by the contract documents, except that he shall have the right to designate authorized representatives to act for him. Wherever any provision in this contract specifies an individual (such as, but not limited to, Construction Engineer, Resident Engineer, Inspector or Custodian) or organization, whether Governmental or private, to perform any act on behalf of or in the interests of the Government, that individual or organization shall be deemed to be the Contracting Officer's authorized representa-tive under this contract but only to the extent so specified. The Contracting Officer may, at any time during the performance of this contract, vest in any such authorized representatives additional power and authority to act for him or designate additional representatives, specifying the extent of their au-thority to act for him; a copy of each document vesting additional authority in an authorized representa-tive or designating an additional authorized representative shall be furnished to the Contractor.

(b) The Contractor shall perform the contract in accordance with any order (including but not limited to instruction, direction, interpretation, or determination) issued by an authorized representative in accor-dance with his authority to act for the Contracting Officer; but the Contractor assumes all the risk and consequences of performing the contract in accordance with any order (including but not limited to in-struction, direction, interpretation, or determination) of anyone not authorized to issue such order.

1.10 GSAR 552.236-72 SPECIALIST (APR 1984)

The term “Specialist,” as used in the contract specification, shall mean an individual or firm of established reputation (or, if newly organized, whose personnel have previously established a reputation in the same field), which is regularly engaged in, and which maintains a regular force of workmen skilled in either (as applicable) manufacturing or fabricating items required by the contract, installing items required by the contract, or otherwise performing work required by the contract. Where the contract specification requires installation by a specialist, that term shall also be deemed to mean either the manufacturer of the item, an individual or firm licensed by the manufacturer, or an individual or firm who will perform the work under the manufacturer's direct supervision.

1.11 GSAR 552.236-82 SUBCONTRACTS (APR 1984)

(a) Nothing contained in the contract shall be construed as creating any contractual relationship between any subcontractor and the Government. The divisions or sections of the specifications are not intended to control the Contractor in dividing the work among subcontractors, or to limit the work performed by any trade.

(b) The Contractor shall be responsible to the Government for acts and omissions of his own employees and of subcontractors and their employees. He shall also be responsible for the coordination of the work of the trades, subcontractors and suppliers.

(c) The Government will not undertake to settle any differences between or among the Contractor, sub-contractors, or suppliers.

1.12. GSAR 552.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (DEVIATION FAR 52.252-6) (SEP 1999)

(a) Deviations to FAR clauses.

This solicitation or contract indicates any authorized deviation to a Federal Acquisition Regulation (48 CFR Chapter 1) clause by the addition of “(DEVIATION)” after the date of the clause, if the clause is not pub-lished in the General Services Administration Acquisition Regulation (48 CFR Chapter 5).

This solicitation indicates any authorized deviation to a Federal Acquisition Regulation (FAR) clause that is published in the General Services Administration Acquisition Regulation by the addition of “(DEVIATION (FAR clause no.))” after the date of the clause.

(b) Deviations to GSAR clauses. This solicitation indicates any authorized deviation to a General Services

Administration Acquisition Regulation clause by the addition of “(DEVIATION)” after the date of the clause.

(c) “Substantially the same as” clauses. Changes in wording of clauses prescribed for use on a “substan-tially the same as” basis are not considered deviations.

1.13. GSAR 552.203-71 RESTRICTION ON ADVERTISING (SEP 1999)

The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the White House, the Executive Office of the President, or any other element of the Federal Government, or is con-sidered by these entities to be superior to other products or services. Any advertisement by the Contrac-tor, including price-off coupons, that refers to a military resale activity shall contain the following statement:

“This advertisement is neither paid for nor sponsored, in whole or in part, by any element of the United States Government.”

STANDARDS OF CONDUCT

2.1. FAR 52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the

Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) above, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(e) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this con-tract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

2.2. FAR 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN

1997)

(a) The Government, at its election, may reduce the price of a fixed-price type contract and the total cost and fee under a cost-type contract by the amount of profit or fee determined as set forth in paragraph

(b) of this clause if the head of the contracting activity or designee determines that there was a viola-tion of subsection 27(a), (b), or (c) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423), as implemented in section 3.104 of the Federal Acquisition Regulation. In the case of a contract modification, the fee subject to reduction is the fee specified in the particular contract modifi-cation at the time of execution, except as provided in subparagraph (b)(5) of this clause.

(b) The price or fee reduction referred to in paragraph (a) of this clause shall be—

(1) For cost-plus-fixed-fee contracts, the amount of the fee specified in the contract at the time of award;

(2) For cost-plus-incentive-fee contracts, the target fee specified in the contract at the time of award, notwithstanding any minimum fee or 'fee floor' specified in the contract;

(3) For cost-plus-award-fee contracts—

(i) The base fee established in the contract at the time of contract award;

(ii) If no base fee is specified in the contract, 30 percent of the amount of each award fee otherwise payable to the Contractor for each award fee evaluation period or at each award fee determina-tion point.

(4) For fixed-price-incentive contracts, the Government may—

(i) Reduce the contract target price and contract target profit both by an amount equal to the initial target profit specified in the contract at the time of contract award; or

(ii) If an immediate adjustment to the contract target price and contract target profit would have a significant adverse impact on the incentive price revision relationship under the contract, or ad-versely affect the contract financing provisions, the Contracting Officer may defer such adjust-ment until establishment of the total final price of the contract. The total final price established in accordance with the incentive price revision provisions of the contract shall be reduced by an amount equal to the initial target profit specified in the contract at the time of contract award and such reduced price shall be the total final contract price.

(5) For firm-fixed-price contracts, by 10 percent of the initial contract price or a profit amount deter-mined by the Contracting Officer from records or documents in existence prior to the date of the contract award.

(c) The Government may, at its election, reduce a prime contractor's price or fee in accordance with the procedures of paragraph (b) of this clause for violations of the Act by its subcontractors by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was first definitively priced.

(d) In addition to the remedies in paragraphs (a) and (c) of this clause, the Government may terminate this contract for default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by…