Performance Work Statement-GSA R1 Elevator Inspections.pdf

Performance Work Statement – GSA R1 Elevator Inspections

Performance Work Statement

1. BACKGROUND

General Services Administration (GSA), Public Buildings Service (PBS) is a national US government agency organized into 11 geographic regional areas. This contract pertains to the Code required semi-annual, annual, and 5-year load / tests and inspections, as well as all other services that would required a Qualified Elevator Inspector (QEI) for elevators throughout the PBS New England Region. The New England region includes Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont.

2. WORK BY OTHERS

The Government reserves the right to undertake by another contract and contractor, by Government employees, or by other means, the same type or similar work as contracted for herein and to do so shall not be a violation of the terms of this contract nor be considered as a termination in whole or in part of work contracted for hereunder.

3. SCOPE OF WORK

General Services Administration (GSA), Public Buildings Service (PBS) requires contractor support to provide elevator inspection and testing services throughout New England. Services may include other additional services, including but not limited to, Consulting Services, Additional Inspections, and Due Diligence Inspections.

4. TASK DESCRIPTION

The Offeror will be responsible for managing a complete “GSA Maintenance Contract Compliance Inspection” and “Code Compliance Inspection” including semi-annual inspections, annual inspections and 5-year full load full speed test/inspections on each elevator listed in this request for proposal. Test weights for 5 year safety tests shall be provided by the elevator maintenance contractor. The Offeror shall act as the “Government’s Representative” when managing the conduct of the required inspections/tests, and use its experience, expertise, and professional judgment to ensure against any unnecessary equipment damage prior to the accomplishment of the inspection/tests. The contractor shall provide all management, supervision, labor, QEI inspection equipment, reports and travel necessary to complete the specified semi-annual and annual inspections/tests and periodic testing as scheduled in GSA New England Region.

The inspections and tests shall include but are not limited to the following systems, equipment, and components:

• All maintenance practices, cleanliness, and maintenance compliance

• Hoistway and car doors, hangers, guides, and operating devices

• Hoisting machines, sheaves, and brakes

• Motors and motor generator sets.

• Hoisting, governor, safety, compensation, and operating cables

• Controllers (including contacts, switches, etc.)

• Signal systems, controls, and traveling cables.

• Governors, safeties, interlocks, and contacts

• Guide rails and oiling devices

• Terminal, slowdown and leveling devices.

• Elevator cars, counterweights, and buffers

• Machine rooms, hoistways and pits

• Automatic and manual emergency fire services (Phase I & Phase II)

• Emergency Power Operations

• Pit Flood Monitoring Device (if applicable)

• Emergency Phones and Intercoms.

4.1 Reference Criteria – Inspections and tests shall conform to the requirements, industry practices/procedures and regulations contained in the most recent edition of the following guides:

ASME A17.1, Safety Code for Elevators and Escalators with published supplements.

ASME A17.2, Inspector’s Manual for Elevators and Escalators with published supplements.

ASME A120.1, Safety Requirements for Powered Platforms for Exterior Building Maintenance

4.2 Schedule of Work – Work shall consist of inspection services and tests as specified in this section and shall cover, at the minimum, the following:

(a) Inspect maintenance practices, including pictures for non-compliance with the Multi- Regional Elevator Maintenance and Repair Contract and report the condition for each elevator equipment under the Exhibit 1 – Building List.

(b) Perform semi-annual inspections and manage the conduct of all tests as required in referenced criteria.

(c) Perform annual inspections and manage conduct of all tests as required in referenced criteria.

(d) Manage the conduct of all five-year full-load, full-speed safety tests, governor and buffer tests as required and referenced to in the most current edition of the ASME A-17-1. All inspection and test intervals shall be scheduled through the Contracting Officers Representative (COR).

(e) Perform any other inspections, tests, and manage the conduct of all tests by elevator mechanics.

4.3 Scheduling of Work

It will be necessary to coordinate all inspections or tests with the Contracting Officer’s Representative (COR) and Contract Specialist (CS) to facilitate effective use of time in conjunction with the elevator maintenance contractor or mechanic; this is especially applicable for the 5-year governor, safety and buffer tests. The COR shall be notified in writing no less than 60 business days before scheduled inspection.

Contractor’s must provide suggested schedule to COR and CS using the Attachment 2 – Schedule Template. The contractor may use other methods confirming schedule if approved by CO and COR. The COR will review the schedule for realism to ensure a reasonable amount of time is estimated for each inspection at each building. The COR will be scheduling the inspections with the buildings Elevator O&M contractor. The inspections are not confirmed until COR has confirmed the scheduled inspection.

All work shall be performed during regular working hours of the regular working week of the trade.

Exceptions to this are all 5 year tests, all prisoner elevator tests, testing and inspection of the firefighter’s service operation, and the testing of the emergency control systems will be conducted after hours. These exceptions, when scheduled after regular working hours will require the prior approval of the COR and shall be performed as part of this contract at no additional cost to the Government.

Coordination with the elevator maintenance contractor shall be scheduled by the Offeror performing under this contract with communication to the COR on ALL scheduling so the COR may monitor and confirm the scheduling process. The Offeror shall not proceed to the inspection site until coordination of an agreed date and time has been verified.

If the contract schedule is not met, or any operation is omitted when scheduled for performance, the Offeror will be notified of this failure or omission, and he will be requested by the Contracting Officer (CO) to perform the omitted service. If the Offeror does not comply with the request within such time as the CO deems to be reasonable, employees of the Government or other contractors may complete the work. The cost thereof will be deducted from any money due the Offeror under the Contract.

4.4 Inspections

Inspections shall include an inspection of maintenance practices and cleanliness. A copy of the Multi- Regional Elevator Maintenance and Repair scope of work shall be made available for use to check for compliance. Include with inspection reports any pictures as necessary for proof of deficient maintenance/repair practices.

It is the responsibility of the Offeror to determine that the equipment is in a safe operating condition, that it has not been altered except in conformity to the applicable codes or regulations, and that it performs in accordance with test requirements. Inspections shall be made in accordance with the current ASME A17 Codes as applicable.

NOTE: No elevator will be taken out of service during rush hours for the purpose of routine maintenance inspections or tests unless it has been determined that the removal of the car from service will not affect the overall service. If, in an unavoidable event, a car must be taken from service, approval must first be obtained from the Service Center Manager.

4.5 Periodic Safety Tests

The required test tags (which shall indicate name of the company performing the test, type of test, and date of test) shall be attached to each device tested. Verification that this information is attached to each device tested is considered a requirement of this contract. It shall be noted during inspections for safety and included on the report of inspections and tests.

All full load safety tests shall be performed in accordance with ASME A17.1 Code; where applicable, including rated load and speed tests. Inspections and tests of hydraulic elevator shall be performed in accordance with the ASME A17.1 Code, where applicable.

4.6 Annual Safety Tests

The Offeror shall manage the conduct of the annual tests of fire and emergency control system, safety mechanisms, devices, controls, equipment and systems relevant to the units. Offeror shall test the operation of elevators under emergency conditions and shall test the emergency power where applicable.

The Offeror shall act as government agent and supervise and manage the conduct of the safety tests under the guidelines and procedures contained within ASME A17.1, A17.2 Codes, and all applicable parts. The Offeror shall be liable for all damages resulting in failure to follow safety test procedures contained within A17.1, A17.2, A17.3, A129.1 and A39.1 Codes.

(a)Annual no-load safety tests of elevators, dumbwaiters and powered platforms shall be made in accordance with the ASME A17.1 Code, as applicable. Surface damage to the steel guide rails as a result of tests shall be corrected by the maintenance contractor by hand filing after each test and verified complete as part of the work under this contract.

(b) If the governor seal has been broken, damaged or removed, the Offeror shall test the governors including checking the governor switch and tripping speed settings with a tachometer by disconnecting the governor cable from the sheave and spinning the governor by mechanical means. All governors shall be reset where necessary to meet the requirements of ASME A17.1 Code. The governor shall be sealed and metal tagged in accordance with ASME A17.1 Code, with name of company making the test, the date of the test, and the set tripping speeds.

Hydraulic inspections shall comply with Part VIII of the A17.1 Code, and Part II of the Inspector’s Manual.

4.7 Unsafe Equipment

If the equipment fails to meet the requirements, the inspector shall note the failure on the inspection report and not issue a new inspection certificate. If a condition exists which may cause an accident or serious mechanical failure, the inspector shall shut down the equipment and “lock out / tag out” the equipment.

He/she shall immediately notify the Customer Service Center Manager, the Property Manager, or their designated official and the COR of the action taken. Service may not be resumed until the deficiencies have been corrected and a Qualified Elevator Inspector (QEI) has made an inspection of the equipment and the certificate reissued.

4.8 Emergency Conditions

Any condition found which may jeopardize the safety of the passengers, the pubic or the equipment itself shall be verbally reported to the GSA Property Manager and the COR immediately. Within 24 hours a written report with a complete description of the condition shall be submitted in writing to the GSA Property Manager & COR. The report shall clearly list the emergency condition found, the corrective action recommended and the time required for the corrective action recommended.

4.9 Certificate of Inspection

Upon completion of inspection, if the unit meets the safety requirements and there are no serious maintenance deficiencies, the inspector shall, ensure the appropriate signatures and dates are entered on the Certificate of Elevator Inspection (GSA Form 55) (Exhibit 4 – GSA55-02). The Certificates of Elevator Inspection are to be kept in the Offeror’s office files and furnished to the GSA Customer Service Center office whenever requested. Certificates for units other than elevators are to be kept and handled in the same manner.

When all spaces are filled or if the certificate becomes soiled or unsightly, it should be replaced.

5. Sharing of Inspections

Upon completion of each inspection, the inspector shall complete an Elevator Inspection Report (Exhibit 3 - GSA Elevator Inspection Report Template) for each unit. The Offeror will be provided with an electronic copy of the form in Microsoft Excel format along with instructions for processing of the form. Each unit report shall identify any violations/deficiencies by the elevator maintenance contractor in Section II-A of the form and each violation/deficiencies by GSA inserted into Section II-B of the report.

References are to be cited for each nonstandard item noted. Within ten (10) business days after the performance of the inspection, the Offeror shall submit reports as follows:

The Offeror shall maintain a complete file of inspection reports and inspection certificates at his office for a minimum of five (5) years.

One electronic copy (each) e-mailed to the COR, regional Elevator SME, and Contract Specialist. The Government may also require the contractor to create a GSA Affiliated Customer Account (GACA) in order to upload documentation to a shared Google Folder.

How to Create a GSA Affiliated Customer Account (GACA)

1. Create a Gmail account at http://mail.google.com/mail/signup o Enter the first name and last name o Enter the username: must start with “GSA.” then first name, last name -example: GSA.johnsmith@gmail.com o Complete all required fields

2. Accept the Terms of Service and submit the request.

3. Set up 2-Step Verification (also known as two-factor authentication) using a smartphone that can receive simple messages.

o Click on the account profile picture (top right) o Click “Manage your Google Account” o Select “Security” on the left side navigation panel o In the “Signing in to Google” section, turn “2-Step Verification” to “On”

Copy of the GSA Affiliated Customer Accounts (GACA) Process, Feb 2023 [PDF - 176 KB] instructional letter for additional reference.

Monitoring of Shared Collaborative Data

The GSA IT Security Staff monitors all shares within Google Drive.

• GSA users will be notified if it appears that they are not complying with GSA sharing rules, or our GACA process.

• If we notify you of a possible sharing violation, but then determine that the share is with a worker whose government agency uses Google, no further action is required from you.

6. WORKMANSHIP

All inspections, workmanship, or equipment shall be subject to re-inspection, examination, and test by Government inspectors at any and all times during the course of the work and at any and all places where such work is being carried on. The Government shall have the right to reject defective inspections or reports. Rejected items shall be satisfactorily corrected and/or replaced without additional expense to the Government.

7. DEFINITIONS

http://mail.google.com/mail/signup mailto:GSA.johnsmith@gmail.com https://insite.gsa.gov/system/files/insite/GACA__GSAAffiliatedCustomerAccounts_FEB_2023-v3.pdf https://insite.gsa.gov/system/files/insite/GACA__GSAAffiliatedCustomerAccounts_FEB_2023-v3.pdf

7.1 Imminent Danger – Description of condition for a unit, which, in the professional judgment of a qualified inspector, poses a threat of accident or failure in such a manner that, could cause death or serious injury to persons or sizable damage to property.

NOTE: If an “imminent danger” condition exists or the equipment is unsafe, circumstances must be reviewed by the Customer Service Center Manger. The unit shall not be placed back in service until written certification is provided to that Manager assuring that the unit is safe for operation.

7.2 Unit - Any individual type of vertical transportation equipment such as passenger, service or freight elevators, escalators, lifts, dumbwaiters, window washers, and wall gliders.

7.3 Elevator Maintenance Personal- A GSA representative or other GSA contracted entity performing elevator maintenance service.

8. INSPECTORS

Critical to performance of this Scope of Work (SOW) are the positions identified as inspectors or inspection personnel and the experience of the people in those positions. The proposed inspection personnel will reflect and understand the different skill sets necessary as well as the different functions to be performed.

ASME A17.1, Sections 8.10.1.1 and 8.11.1.1, requires inspectors and inspection supervisors to be certified by an organization accredited by ASME in accordance with the requirements contained in the most recent edition of the ASME QEI “Standard for the Qualification of Elevator Inspectors".

The Offeror shall identify and provide resumes and copies of required QEI Certificates of those personnel in inspector positions. New copies of “Re-Certified” QEI Certificates shall be provided annually, after the recertification of the credential, to the CO & COR for verification of QEI-1 requirements.

9. Personnel Changes/Additions

Should it become necessary to replace or add inspection personnel, the Offeror shall submit to the Contracting Officer (CO), the resume and copies of required certificates. No changes shall be made until written approval is granted by the CO. No increase in the cost of this contract will be allowed when such addition or change of personnel is authorized.

10. Security Requirements and Personal Identity Verification Procedures (Non-Classified Contract)

This contract incorporates once or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available..

• FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (JAN 2011)

• GSAR 552.237-71 QUALIFICATION OF EMPLOYEES (MAY 1989)

Fitness Determinations

• All contractors requiring routine unescorted access to Federally controlled facilities for more than 6 months (defined as long-term contractors) and/or information systems will be required to undergo a fitness determination before that contractor can work on a GSA contract. The long-term contractor must have an initial fit determination and have a Tier 1 or higher background investigation initiated in order to obtain a GSA Access Card. Long-term contractors cannot begin work on a GSA contract without at least an initial fit determination and cannot be escorted prior to obtaining an initial fit determination. After the initial fit determination and prior to the time that a GSA Access Card is issued, such long-term contractor will be required to comply with normal facility access control procedures, including sign-in, temporary badging, and escorted entry, as applicable.

• Failure of a long-term contractor to receive a favorable fitness determination shall be cause for removal of the contractor from the work site and from other work in connection with the contract.

• Long-term Non-United States citizen contractors (resident in the United States or its territories for less than three consecutive years) will complete the Special Agreement Check (SAC) if they need routine physical access and cannot start work or be escorted on a contract prior to a favorable SAC determination. A long-term non-US citizen contractor must apply for a long-term investigation and must receive a favorable fitness determination before the expiration of the prior SAC or the contractor must be removed from the GSA contract. After receiving a favorable SAC determination, short-term contractor will be required to comply with normal facility access control procedures, including sign-in, temporary badging, and escorted entry, as applicable.

• Contract employees working greater than 15 days but less than 6 months (short-term contractors) must go through a Special Agreement Check (SAC) if they need routine physical access and cannot start work or be escorted on a contract prior to a favorable SAC determination. After receiving a favorable SAC determination, short-term contractor will be required to comply with normal facility access control procedures, including sign-in, temporary badging, and escorted entry, as applicable.

• The Government, at its sole discretion, may grant initial fitness determinations to long-term contractors. However, the granting of an initial fitness determination to long-term contractors shall not be considered as assurance that a final favorable fitness determination will follow.

• The Contracting Officer or their designated representative shall provide the Contractor with required forms for obtaining necessary fitness determination. The Contractor shall be required to cause such forms to be returned to the Government for processing not later than 14 days following being provided by the Government.

• The Contractor shall be responsible for planning and scheduling its work in such a manner as to account for facility access issues. Difficulties encountered by the Contractor in gaining access to facilities by its employees and subcontractors shall not be an excuse to any Contractor performance under the contract.

Compliance with Security Requirements

• The Contractor shall comply with all GSA and tenant agency security requirements in the building(s) where work is being performed.

• When a physical access control system is used by a tenant agency at a site where work is performed, the tenant agency will be responsible for providing any required access credentials. Credentials shall be displayed at all times or as otherwise required by the tenant agency.

Identification Responsibility

• Upon receipt of an initial fit determination and have a Tier 1 or higher background investigation initiated, long-term contractor can be issued GSA Access Card permitting regular access to the building(s) where work is being performed.

• Long-term contractors with a GSA Access Card shall be required to comply with all applicable access security screening procedures, for initial and subsequent recertification, applicable to Government or other personnel possessing similar Credentials.

• All long-term contractors possessing GSA Access Cards shall visibly display their Credentials at all times while in the building(s) where work is being performed.

• Long-term contractor shall be responsible for ensuring that all GSA Access Cards are returned to the Government within 24 hours when a particular long-term contractor or subcontractor will no longer be providing service under the contract at the building(s) covered by the Credential.

• Long-term contractor will notify the Government when GSA Access Cards are lost and/or stolen.

In that event, the Contractor will be responsible for reimbursing the Government for its cost in issuing a replacement GSA Access Card.

Identification Credential

• Upon receipt of favorable suitability determination as indicated herein, each employee of the Contractor shall be issued an identification credential. At all times while working on the contract, Contract employees, including the sub-contractor employees, shall have in their possession the specific Government identification credential issued to them by the Government. The identification credential shall be displayed and be visible at all times while on Government property. The CO or their designee, Government law enforcement, or security personnel shall periodically verify that passes of Contractor employees match their personnel identification. The Contractor’s employees shall comply with security verification procedures at all times.

• The Contractor shall see that every contract employee has a Government-issued identification credential before the employee enters on duty. As required by the Government, the Contractor shall make their employees available for photo identification badges, on a schedule to be worked out with the Contracting Officer or their designee. The Government will make the identification credentials badges after a favorable security determination has been received for the Contractor’s employees. All credential identification shall have an expiration date and all Contractor employees shall sign their badges at the time of photographs are taken.

• The Contractor shall be responsible for ensuring that all identification credentials are returned to the Contracting Officer or their designee as their employees leave the contract (e.g., contract is completed, employees leave employment of the company, employees are dismissed or terminated). The Contractor shall notify the Contracting Officer or their designee when employee badges are lost.

• The Contractor shall be responsible for paying the Government for replacement credentials at the current cost per badge.

Escort Requirements

• Only temporary contractors (work duration of 15 days or less) can be escorted. Contractors summoned for an emergency service call can be escorted as they are considered a temporary contractor. All short-term and long-term contractors will need to obtain an appropriate favorable fitness determination before being allowed to work on a GSA contract and cannot be escorted prior to obtaining the appropriate favorable fitness determination. ALL temporary contractors shall be escorted in non-public spaces by a Government employee or another responsible cleared contract employee that is approved by the Contracting Officer or their designee. Other Government agencies may have specific agency security requirements for their own spaces that may only allow escort by Government employees or those designated by their agency.

Government employees or approved long-term contractors that provide escorts for temporary contractors must always be in close proximity and eyesight of the temporary contractor. The contract escort must watch temporary contractors and remain with temporary contractors for the entire time they are in the building and/or Federally-controlled spaces. A temporary contractor cannot be left alone or out of eyesight at any time when they are in non-public space. A long-term contractor that’s approved to escort may not bring temporary contractors into Federally-controlled space that is not within close proximity or eyesight at all times. A long-term contractor that’s approved to escort may not have multiple temporary contractors in non-public space on different parts of one floor or on different floors at the same time. Any security violation of escort requirements by a long-term contractor that's approved to escort temporary contractor will result in immediate removal from the contract of all contract employees involved, i.e., escorts and temporary contractors. Also, in accordance with security requirements, violations of escort requirements by any contractors may be grounds for termination of the contract.

Removal From Contract Work Under the following conditions, the Contracting Officer or their designee may request the Contractor to immediately remove any employee(s) from the work site. When the Government determines an employee to be: incompetent, careless, insubordinate, unsuitable, or otherwise objectionable, or the Government deems an employee’s continued employment is contrary to the public interest, inconsistent with the best interests of security, or is identified as a potential threat to the health, safety, security, general well being, or operational mission of the facility and its population.

The Contracting Officer or their designee may also request the Contractor to immediately remove any employee(s) from the work site(s) when it is determined that individuals are being assigned to duty who have been disqualified for either an unfavorable background investigation or security reasons, or who are found to be unfit for performing duties during their tour(s) of duty.

The Contractor employees who are removed from contract work shall be required to leave the work site immediately.

The Contractor must comply with any removal request. For clarification, a determination to remove an employee will be made for, but is not limited to, incidents involving the most immediately identifiable types of misconduct or delinquency, as set forth below:

• Failure to receive a suitability determination, temporary clearance, or clearance from GSA or a tenant agency.

• Violation of Federal, State, or local laws

• Violation of the Rules and Regulations Governing Public Buildings and Grounds, 41 C.F.R. §

101-20.3. This includes the carrying or possession of explosives or items intended to be used to fabricate an explosive or incendiary device.

• Neglect of duty, including sleeping while on duty, unreasonable delays, failure to carry out assigned tasks, conducting personal affairs during official time, refusing to render assistance, or cooperate in upholding the integrity of the security program at the work site.

• Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records.

• Disorderly conduct, uses of abusive or offensive language, quarreling, intimidation by words or actions, fighting, or participation in disruptive activities that interfere with the normal efficient operations of the Government.

• Theft, vandalism, immoral conduct, or any other criminal action.

• Selling, consuming, or being under the influence of intoxicants, drugs, or substances which produce similar effects while in or on Federally-controlled property.

• Improper use of Government identification.

• Unauthorized use of communication equipment on Government property.

• Violation of security procedures or regulations.

• Violation of Title 18, U.S.C., Section 930, which prohibits the knowing possession or the causing to be present firearms or other dangerous weapons in Federal facilities and Court facilities.

The Contracting Officer or their designee shall make all determinations regarding the removal of any employee(s) from the work site(s), except under certain conditions. The Contractor shall ensure that all cards and keys are returned to the government within 24 hours. When a Contracting Officer or their designee is not available (either during the day or after hours), in situations where a delay would not be in the best interest of the Government, or the employee is identified as a potential threat to the health, safety, security, general well being, or operational mission of the facility and its population, Federal Law enforcement officers of the Department of Homeland Security (DHS) /Immigrations and Customs Service (ICE)/Federal Protective Service (FPS)/U.S. Marshals Service (USMS) will have the authority to immediately remove any contract employee from the work site. The Contracting Officer or their designee shall be notified as soon after the incident as practical or at the beginning of the next business day if an action happened after hours. The Contracting Officer or their designee shall make all official notifications to the Contractor. In the event of a dispute, the Contracting Officer or their designee shall make a final determination. Specific reasons for removal of an employee(s) will be provided to the Contractor in writing.

The Contractor is responsible for providing replacement employees in cases where contract employees are removed from working at the work site or on the contract.

M. STANDARDS OF CONDUCT: The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to his employees as may be necessary. The Contractor is responsible for ensuring that his employees do not disturb papers on desks, open desk drawers or cabinets, or use Government telephones, except as authorized. Each employee is expected to adhere to standards of behavior that reflect favorably on his/her employer, and the Federal Government. No smoking is allowed in the building.

N. Under the following conditions, the Contracting Officer or his/her representative may request the Contractor to immediately remove any employee(s) from the work site. When the Government determines such employee to be: incompetent, careless, insubordinate, unsuitable or otherwise objectionable; or whose continued employment the Government deems contrary to the public interest, inconsistent with the best interests of security, or is identified as a potential threat to the health, safety, security, general well-being or operational mission of the facility and its population.

The Contracting Officer may also request the Contractor to immediately remove any employee(s) from the work site(s) should it be determined that individuals are being assigned to duty who have been disqualified for either suitability or security reasons, or who are found to be unfit for performing duties during their tour(s) of duty.

Contractor employees who are removed from contract work shall be required to leave the work site immediately.

The Contractor must comply with any removal request. For clarification, a determination to remove an employee will be made for, but is not limited to, incidents involving the most immediately identifiable types of misconduct or delinquency as set forth below:

(1) Failure to receive a suitability determination, temporary clearance, or clearance from GSA or a tenant agency.

(2) Violation of Federal, State, or local law.

(3) Violation of the Rules and Regulations Governing Public Buildings and Grounds, 41 CFR 101-20.3. This includes the carrying or possession of explosives, or items intended to be used to fabricate an explosive or incendiary device.

(4) Neglect of duty, including sleeping while on duty, unreasonable delays, or failure to carry out assigned tasks, conducting personal affairs during official time, refusing to render assistance, or cooperate in upholding the integrity of the security program at the work site.

(5) Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records.

(6) Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, fighting, or participation in disruptive activities, which interferes with the normal efficient operations of the Government.

(7) Theft, vandalism, immoral conduct, or any other criminal actions.

(8) Selling, consuming, or being under the influence of intoxicants, drugs, or substances which produce similar effects while in or on Federally-controlled property.

(9) Improper use of Government identification.

(10) Unauthorized use of communication equipment on Government property.

(11) Violation of security procedures or regulations.

(12) Violation of Title 18, U.S.C., Section 930, which prohibits the knowing possession or the causing to be present of firearms or other dangerous weapons in Federal facilities and Court facilities.

The Contracting Officer will make all determinations regarding the removal of any employee(s) from work site(s), except under certain conditions. When a Contracting Officer is not available, either during the day or after hours, or in situations where a delay would not be in the best interest of the Government or is identified as a potential threat to the health, safety, security, general well-being or operational mission of the facility and its population, the Contracting Officer’s Representative will have the authority to immediately remove the contract employee from the work site.

Law enforcement officers of the DHS/ICE/Federal Protective Service will have the authority to immediately remove any contract employee from the work site who is found to be in violation of any of the items mentioned above and where a delay in removal would not be in the best interest of the Government, security, or is identified as a potential threat to the health, safety, security, general well-being or operational mission of the facility and its population. The Contracting Officer will be notified as soon after the incident as practical or at the beginning of the next business day if an action happened after hours. The Contracting Office will make all official notifications to the Contractor.

In the event of a dispute, the Contracting Officer will make a final determination.

Specific reasons for removal of an employee(s) will be provided to the Contractor in writing.

The Contractor is responsible for providing replacement employees in cases where contract employees are removed from working at the work site or on the contract.

O. Controlled Unclassified Information (CUI) Building Information

Safeguarding and Dissemination of Controlled Unclassified Information

General This subsection applies to all recipients of Controlled Unclassified Information (CUI), including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers and manufacturers. Dissemination of sensitive but unclassified paper and electronic building information shall be made on a need-to-know basis in accordance with GSA Order PBS P 3490.2, a copy of which shall be made available upon request.

Marking CUI Contractor-generated documents that contain building information shall be reviewed by the CO/COR to identify any CUI content, before the original or any copies are disseminated to any other parties. If CUI content is identified the CO or designee shall direct the Contractor, as specified elsewhere in this Contract, to imprint or affix CUI document markings to the original documents and all copies, before any dissemination.

Authorized Recipients Building information designated CUI shall be protected and controlled by strictly limiting access to those individuals having a legitimate business need to know such information.

Those with a need to know shall include Federal, state and local Government entities, and non-Government entities engaged in the conduct of business on behalf of or with GSA.

Non-Government entities shall include architects, engineers, consultants, contractors, subcontractors, suppliers, utilities, and others submitting an offer or bid to GSA, or performing work under a GSA contract or subcontract. Recipient Contractors shall be registered as “active” in the System for Award Management (SAM) database at the web site titled “Web Links” at: Operations and Maintenance Specification. If a subcontractor is not registered in the SAM and has a need to possess CUI building information, the subcontractor shall provide to the Contractor its DUNS number or its tax ID number, a copy of its business license and a valid state driver’s license with photograph or other valid IDs with photograph. The Contractor shall keep this information related to the subcontractor for the duration of the Contract and subcontract.

All GSA personnel and Contractors shall be provided CUI building information when needed for the performance of official Federal, state, and local Government functions, such as for code compliance reviews and for the issuance of building permits. Public safety entities such as fire and utility departments shall require access to CUI building information on a need-to-know basis. This clause shall not prevent or encumber the dissemination of CUI building information to public safety entities.

Dissemination of CUI Building Information

By Electronic Transmission Electronic transmission of CUI information outside of the GSA network shall use session encryption (or alternatively, file encryption). Encryption shall be via an approved NIST algorithm with a valid certification, such as Advanced Encryption Standard (AES) or Triple Data Encryption Standard (3DES), in accordance with Federal Information Processing Standards Publication (FIPS PUB) 140-2, Security Requirements for Cryptographic Modules per GSA policy.

https://www.gsa.gov/real-estate/facilities-management/facilities-operations/om-specification

By Non-electronic Form or on Portable Electronic Data Storage Devices Portable electronic data storage devices include CDs, DVD, and USB drives. Non-electronic forms of CUI building information include, among other formats, paper documents.

By Mail Contractors shall use only methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt.

In Person Contractors shall provide CUI building information only to authorized recipients with a need to know such information.

Record Keeping Contractor shall maintain a list of all entities to which CUI is disseminated. This list shall include at a minimum: (1) the name of the state, Federal, or local Government entity, utility, or firm to which CUI has been disseminated; (2) the name of the individual at the entity or firm who is responsible for protecting the CUI building information, with access strictly controlled and limited to those individuals having a legitimate business need to know such information; (3) contact information for the named individual; and (4) a description of the CUI building information provided. Once “as built” drawings are submitted, the Contractor shall collect all lists maintained in accordance with this clause, including those maintained by any subcontractors and suppliers, and submit them to the CO. For Federal buildings, final payment shall be withheld until the lists are received.

Safeguarding CUI Documents CUI building information (both electronic and paper formats) shall be protected. GSA Contractors and subcontractors shall not take CUI building information outside of GSA or their own facilities or network, except as necessary for the performance of that contract. Access to the information shall be limited to those with a legitimate business need to know.

Destroying CUI Building Information When no longer needed, CUI building information shall be destroyed so that marked information is rendered unreadable and incapable of being restored, in accordance with guidelines provided for media sanitization within GSA CIO 2103.1 Controlled Unclassified Information (CUI) Policy and Appendix A of NIST Special Publication 800- 88, Guidelines for Media Sanitization. Alternatively, CUI building information may be returned to the CO.

Notice of Disposal The Contractor shall notify the CO that all CUI building information has been returned or destroyed by the Contractor and its subcontractors or suppliers with the exception of the Contractor's record copy. This notice shall be submitted to the CO at the completion of the Contract to receive final payment. The Contractor may return the CUI documents to the CO rather than destroying them.

Incidents All improper disclosures of CUI building information must be reported immediately to the CO. If the Contract provides for progress payments, the CO shall withhold approval of progress payments until the Contractor provides a corrective action plan explaining how the Contractor shall prevent future improper disclosures of CUI building information. Progress payments shall also be withheld for failure to comply with any provision in this clause until the Contractor provides a corrective action plan explaining how the Contractor shall rectify any noncompliance and comply with the clause in the future.

Subcontracts The Contractor and subcontractors shall insert the substance of these subsections 1.6.2, Safeguarding and Dissemination of Controlled Unclassified Information Building Information through 1.6.2.9, Incidents, in all subcontracts.

11. Contracting Officer/Contracting Officer’s Representative

GSA PBS New England Region Contracting Officer (CO)

Contracting Officer

Huy Le General Services Administration Public Buildings Service New England Region 10 Causeway Street Boston, MA 02222

(617) 780-9672 Huy.le@gsa.gov

GSA PBS New England Region Contracting Officer’s Representative (COR)

COR Delegation Letters to be provided after award.