R6 FY20 AE IDIQ Contract-The Agreement.pdf

Region 6

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CONTRACT/AGREEMENT

General Services Administration (GSA) Region 6 Architect/Engineer (A-E) Indefinite Delivery/Indefinite Quantity (IDIQ) Contract For The States of

Missouri, Nebraska, Kansas, and Iowa

Primary Geographical Areas of the State of Iowa; State of Kansas, Including the City of Kansas City, Missouri, the City of

Columbia, Missouri and the Area of Missouri West of Columbia, Missouri; State of Missouri East of Columbia, Missouri, Including City of St. Louis, Missouri; State of Nebraska, Including the cities of Council Bluffs and Sioux City, Iowa

Solicitation: 47PG0220R0002 NAICS: 541310 (Architectural Services)

Size Standard: $8,000,000.00

PSC/FSC: C211

FAR 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) (a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation. (b) Applicability. This clause applies only to- (1) Contracts that have been totally set aside or reserved for small business concerns; and (2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F). (c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected. (2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts. (End of clause)

Property of the United States Government For Official Use Only. Copying, Dissemination, Or Distribution Of These Plans or Specifications To Unauthorized Personnel, Is Prohibited. Do Not Remove This Notice. Properly Destroy Documents When No Longer Needed.

TABLE OF CONTENTS

PART I: THE SCHEDULE

Section A –Solicitation/Contract Form

SF252 Architect – Engineer Contract Procurement Integrity Certification of GSA Contractor Procurement Officials Authority to Bind Contractual Relationships and Authorized Officials

Section B – Price / Costs

Certificate of Current Cost or Pricing Fee Schedule

Section C – Description of Work

General Scope of Work Authority and Limitations

Section D – Packaging and Marking

Document Security Notice to Federal, State, and Local Government Agencies Document Security Notice Sensitive But Unclassified Marking Information

Section E – Inspection and Acceptance

Standard Management and Inspection (M & I)

Section F – Deliveries or Performance

Special Provisions for Indefinite Quantity Architect – Engineer Contracts

Section G – Contract Administration Data (Reserved)

Section H – Special Contract Requirements

Fire Protection Services Interior Space Planning Services Interior Design Services Furniture Services Green Product Requirements

PART II: CONTRACT CLAUSES

Section I – Contract Clauses

PART III: DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

Section J – List of Attachments

6% Fee Limitation Guidance Green Products - Example Task Order Statement of Work - Example Order for Supplies and Services GSA300 – Example Finding of Fact – 2437 Standard Form 330 (Part I and Part II) as submitted by A-E with Original Proposal

Property of the United States Government For Official Use Only. Copying, Dissemination, Or Distribution Of These Plans or Specifications To Unauthorized Personnel, Is Prohibited. Do Not Remove This Notice. Properly Destroy Documents When No Longer Needed.

Part I: The Schedule

Property of the United States Government For Official Use Only. Copying, Dissemination, Or Distribution Of These Plans or Specifications To Unauthorized Personnel, Is Prohibited. Do Not Remove This Notice. Properly Destroy Documents When No Longer Needed.

Section A: Solicitation/Contract Form

GSA/PBS Heartland Region 6: A-E IDIQ Contract for the States of Missouri, Nebraska, Kansas, and Iowa

SECTION A: AUTHORITY TO BIND 1

AUTHORITY TO BIND

This is to certify that the name(s) and signature(s) of all officers are listed below and the person signing the contract has authority to actually bind the corporation pursuant to its corporate agreement. Each of the officers individually has full authority to enter into and execute contractual instruments on behalf of said corporation with the United States Government as follows: (State "name" or describe limitation, if any).

Name (typed) Signature

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to, and acknowledged by the Contracting Officer.

Names and signatures of all officers:

Nothing contained in this contract shall be construed as establishing or creating a relationship of master or servant, or principal or agent; it is being agreed that the position of the Architect-Engineer is that of an independent contractor.

SECTION A: CONTRACTUAL RELATIONSHIPS AND AUTHORIZED OFFICIALS 1

CONTRACTUAL RELATIONSHIPS AND AUTHORIZED OFFICIALS

1. For the purposes of this contract, contractual relationships will be with the following:

General Services Administration, on behalf of the U.S. Government delegates the following agents as authorized representatives of the Government:

Any warranted Contracting Officer in GSA, Region 6, with the authority to bind the Government in Architect-Engineer contracts. Contract/Task Order values may not exceed the warrant level of the Contracting Officer.

2. Principals and authorized representatives including all consultants of the Architect-Engineer providing services under this contract. No substitutions will be made without the advance written approval of the Contracting Officer after he/she has reviewed the proposed replacement’s experience and qualifications submitted by the A-E with explanation of the necessity of the change.

a. Architect-Engineer’s Principals & Authorized Representatives

See Exhibit C, Authority to Bind, and Exhibit E, Standard Form 330

b. Consultants

Exhibit E, Standard Form 330

Due to the nature of this A-E Contract, specific projects and Scope of Services will not be defined until work orders are issued by General Services Administration.

Therefore, if, upon receipt of a work order, the A-E determines a need to secure the services of a Consultant, it will notify the Contracting Officer and submit information about the Consultant, consistent with the requirements of this Paragraph 2.

No Consultant selection will be finalized, by the A-E, without the advance written approval of the Contracting Officer after he/she has reviewed the proposed Consultant's experience and qualifications.

SECTION A: PROCUREMENT INTEGRITY CERTIFICATION 1

PROCUREMENT INTEGRITY CERTIFICATION

OF GSA CONTRACTOR PROCUREMENT OFFICIALS

As a condition of serving as a procurement official, I, _________________________________, hereby (please print or type) certify that I am familiar with the provisions of subsection 27(b) of the Federal Procurement Policy Act

(41 U.S.C. 423), concerning prohibited conduct by procurement officials. I further certify that I will not engage in any conduct prohibited by such subsection, and will report immediately to the Contracting

Officer any information concerning a violation or possible violation of subsections 27(a), (b), (c), or (e) of the Act and applicable implementing regulations. These subsections are:

27(a) Prohibited Conduct by Competing Contractors 27(b) Prohibited Conduct by Procurement Officials 27(c) Disclosure to Unauthorized Persons 27(e) Restrictions on Government Officials and Employees

The terms of these subsections have been made available to me. I understand the continuing obligation under Section 27 not to disclose proprietary or source selection information relating to any procurement for which I have served as a procurement official, as well as the requirements to so certify upon leaving the employment of ____________________________ during any such (name of employer) procurement.

DATE SIGNATURE OF PROCUREMENT OFFICIAL

TELEPHONE NUMBER POSITION

This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001 as well as administrative, civil and criminal prosecution under Title 41, United States Code, Section 423.

ARCHITECT-ENGINEER CONTRACT

1. CONTRACT NUMBER

2. DATE OF CONTRACT

3a. NAME OF ARCHITECT-ENGINEER 3b. TELEPHONE NUMBER (Include Area Code)

3c. ADDRESS OF ARCHITECT-ENGINEER (Include ZIP Code)

4a. DEPARTMENT OR AGENCY AND ADDRESS (Include ZIP Code)

General Services Administration, Public Building Services Acquisition Management Division, Construction Acquisition Branch (6P1QW) 2300 Main Street, Kansas City, MO 64108

5. PROJECT TITLE AND LOCATION

6. CONTRACT FOR (General description of services to be provided)

The major function of this contract will be for professional services, including, but not limited to, design and the preparation of construction documents for repair and alterations, and tenant finish projects for the General Services Administration and other government agencies in occupied federally owned or leased buildings. Typical projects may include repair, improvement, remodeling of building interior space, and building systems and features, including but not limited to interior and exterior finishes, landscaping, civil, mechanical, plumbing, electrical, structural, fire safety, elevators, environmental, and roofing components/system.

See Section A through J for additional details and requirements.

7. CONTRACT AMOUNT (Express in words and figures)

The maximum amount payable under this contract shall not exceed the limits set forth in the contract, reference Section C. General Contract Information and Scope of Work, and Section F. Special Provision for IDIQ A-E Contracts.

8. NEGOTIATION AUTHORITY

Deleted per FAR 53.236-2(a)

9. ADMINISTRATIVE, APPROPRIATION, AND ACCOUNTING DATA

Additional funding shall be presented on individual Delivery Orders that are issued under this contract.

PREVIOUS EDITION NOT USABLE STANDARD FORM 252 (REV. 10-83)

Prescribed by GSA - FAR (48 CFR) 53.236-2(a)

Contracting Officer

10. The United States of America (called the Government) represented by the Contracting Officer executing this contract, and the Architect-Engineer agree to perform this contract in strict accordance with the clauses and the documents identified as follows, all of which are made a part of this contract:

Section A – Solicitation / Contract Forms Section B – Price / Costs Section C – Description of Work Section D – Packaging and Marking Section E – Inspection and Acceptance Section F – Deliveries or Performance Section G – Contract Administration Data (Reserved) Section H – Special Contract Requirements Section I – Contract Clauses Section J – List of Attachments

If the parties to this contract are comprised of more than one legal entity, each entity shall be jointly and severally liable under this contract.

The parties hereto have executed this contract as of the date recorded in Item 2.

SIGNATURES NAMES AND TITLES (Typed)

11. ARCHITECT-ENGINEER OR OTHER PROFESSIONAL SERVICES CONTRACTOR

A

B

C

D

12. THE UNITED STATES OF AMERICA

STANDARD FORM 252 (REV. 10-83) BACK

Property of the United States Government For Official Use Only. Copying, Dissemination, Or Distribution Of These Plans or Specifications To Unauthorized Personnel, Is Prohibited. Do Not Remove This Notice. Properly Destroy Documents When No Longer Needed.

Section B: Prices / Cost

SECTION B: CERT OF COST AND PRICING DATA & FEE SCHEDULE 1

CERTIFICATE OF CURRENT COST OR PRICING DATA

This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section

2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of ________* are accurate, complete, and current as of ________**. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal.

Firm _____________________________________________

Signature _________________________________________

Name ____________________________________________

Title _____________________________________________

Date of execution***________________________________

* Identify the proposal, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g.,RFP No.).

** Insert the day, month, and year when price negotiations were concluded and price agreement was reached or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of agreement on price.

***Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to.

SECTION B: CERT OF COST AND PRICING DATA & FEE SCHEDULE 2

FEE SCHEDULE

ESCALATION RATE (applied to Option Years below):

OVERHEAD RATE:

PROFIT RATE:

COMMISSION RATE ON CONSULTANTS:

Discipline Base Year

Hourly Rate Option No. 1 Hourly Rate

Option No. 2 Hourly Rate

Option No. 3 Hourly Rate

Option No. 4 Hourly Rate

Property of the United States Government For Official Use Only. Copying, Dissemination, Or Distribution Of These Plans or Specifications To Unauthorized Personnel, Is Prohibited. Do Not Remove This Notice. Properly Destroy Documents When No Longer Needed.

Section C: Description of Work

SECTION C: GENERAL CONTRACT INFO & SCOPE OF WORK 1

GENERAL CONTRACT INFORMATION AND SCOPE OF WORK

The Indefinite Delivery/Indefinite Quantity (IDIQ) contract for A-E services will be for a period of one (1) year with four (4) additional 1-year option periods. Prior to exercising each option, the Government will review the A-E firm's/joint venture's performance to date, and award options consistent with applicable portions of FAR Part 17.

A minimum guarantee amount of $1,000 is to be awarded for the base year only. If the minimum guarantee is not met during the base year, the government reserves the right to unilaterally issue a task order to satisfy this guarantee. If the contractor does not accept this task order, all claims to the minimum guarantee will be waived by the contractor.

There is no yearly maximum. The sum of all task orders issued against the contract cannot exceed the maximum contract value of $25,000,000.00.

Services identified are consistent with the North American Industry Classification System (NAICS) Code 541310.

The services under this contract include Architect-Engineer Design and related A-E services in support of the GSA in Region 6.

The major function of this contract will be for professional services, including but not limited to, design and the preparation of construction documents for repair and alteration, and tenant finish projects for the General Services Administration and other government agencies in occupied federally owned or leased buildings. Typical projects may include repair, improvement, remodeling of building interior space, and building systems and features, including but not limited to: interior and exterior finishes, landscaping, civil, mechanical, plumbing, electrical, structural, fire safety, elevators, environmental, and roofing components/systems.

Evaluation, Testing, and Design Services include the following:

Architectural, landscape design, civil, structural, mechanical, electrical, and cost estimating. Professional disciplines, registrants, and expertise for related services to be provided include: assisting GSA staff engaged in scope development, master planning, feasibility studies, interior design, design review, construction administration and inspection, elevator evaluation/design, roofing analysis and design, envelope system integrity analysis, commissioning of building systems, code compliance reviews, signage design, boundary and topographic surveying, space planning, and various technical studies including, but not limited to: Building Engineering Reports, Historic Building Preservation Plans, seismic and structural evaluations, energy studies for design of energy upgrades including investigations to capture energy rebates available through local utility rebate programs , basic engineering estimates of increases or decreases in building energy or water usage that would result from proposed project changes, roof evaluations, fire safety reviews/building surveys, pre-alteration assessments for hazards and handicapped accessibility (ABAAS) reviews.

Contract Administration (CA) Services include the following:

Constructability reviews, construction shop drawing and submittal reviews, construction observations and inspections, forensic reports, pavement rehabilitation, design clarifications, scheduling, risk assessments, BIM services, use of recycled materials, LEED, Life cycle cost analysis, real estate market analysis, record drawings and other services not identified herein.

Design expertise may include:

SECTION C: GENERAL CONTRACT INFO & SCOPE OF WORK 2

Acoustical design and analysis, security system design, blast resistance and progressive collapse engineering, geotechnical testing, surveying (boundary & topographical), quality control testing, asbestos sampling, air monitoring, hazard material assessment, abatement design, preparation of environmental impact assessments, as well as, identification of acceptable design based solutions available for regulated items such as asbestos, PCBs, CFCs, radon, lead-based paint, underground storage tanks, mold investigations, and other various types of testing, monitoring, and quality checks as required to support services provided under this contract. The Government will not indemnify the firm against liability involving asbestos or other hazardous materials, that is, no clause holding the firm harmless will be included in the contract.

Additional Services may include:

Project scope development, master/feasibility planning, the preparation of construction drawings and specifications, pre-design, interior design, design, design concepts, design reviews, cost estimating, pre-award construction contract award services, close-out documentation preparation, post construction contract award services, construction administration/inspection services, shop drawing review, asbestos abatement design/inspection services, polychlorinated biphenyls (PCB) design/inspection services, other hazardous material design/inspection services, hazard assessments in support of construction, roof design/inspection services, seismic analysis/design services, blast analysis/design services, materials testing services, curtain wall consultant services, accessibility studies/reviews, elevator design/inspection services, geotechnical services, acoustic design, fire safety consultant services, technical studies, reports, planning and programming services, site selection services, sustainable design, on-site surveys, investigations, building code compliance reviews, high performance workplace, various types of testing common to the building construction industry, other design and construction related services and may also include assisting the GSA staff engaged with in-house design.

END OF SECTION C: GENERAL CONTRACT INFO & SCOPE OF WORK

Property of the United States Government For Official Use Only. Copying, Dissemination, Or Distribution Of These Plans or Specifications To Unauthorized Personnel, Is Prohibited. Do Not Remove This Notice. Properly Destroy Documents When No Longer Needed.

Section D: Packaging and Marking

SECTION D: DOCUMENT SECURITY NOTICE 1

DOCUMENT SECURITY NOTICE

This work order includes Sensitive But Unclassified (SBU) building information. SBU documents provided under this work order are intended for use by authorized users only. In support of this requirement, GSA requires users to exercise reasonable care when handling documents relating to SBU building information in conjunction with the work order.

REASONABLE CARE:

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

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

Authorized users shall provide identification as set forth below:

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

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

(b) Verification of a valid DUNS Number against the company name listed on the business license or certification. Verification may be obtained by calling Dun & Bradstreet at 703-807-5078 to set up an account; and

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

(d) A valid picture state driver's license shall be required.

2. Retaining and destroying documents. The efforts required above shall continue throughout the entire term of the work order and for whatever specific time thereafter as may be necessary. Necessary record copies for legal purposes (such as those retained by the architect, engineer, or contractor) must be safeguarded against unauthorized use for the term of retention. Documents no longer needed shall be destroyed (such as after contract award, after completion of any appeals process or completion of the work). Destruction shall be done by burning or shredding hardcopy, and/or physically destroying CD's, deleting and removing files from the electronic recycling bins, and removing material from computer hard drives using a permanent erase utility or similar software.

3. Term of Effectiveness. The efforts required above shall continue throughout the entire term of the work order and for what specific time thereafter as may be necessary, as determined by the Government.

Necessary record copies for legal purposes (such as those retained by the architect, engineer, or contractor) must be safeguarded against unauthorized use for the term of retention.

SECTION D: DOCUMENT SECURITY NOTICE 2

4. Written agreement of disposal. For all work orders using SBU building information, the contractor shall provide a written statement that he and his subcontractors have properly disposed of the SBU building documents, with the exception of the contractor's record copy, at the time of Release of Claims to obtain final payment. Documents no longer needed shall be destroyed (such as after contract award, after completion of any appeals process or completion of the work). Destruction shall be done by burning or shredding hardcopy, and/or physically destroying CDs, deleting and removing files from the electronic recycling bins, and removing material from computer hard drives using permanent erase utility or similar software.

The recipient acknowledges the requirement to use reasonable care, as outlined above, to safeguard the documents and, the recipient will make every reasonable and prudent effort to destroy or render useless all SBU information received during the work order.

I agree that I will abide by this agreement and will only disseminate Sensitive But Unclassified (SBU) building information to other authorized users under the conditions set forth above.

Signature:______________________________________________

Title:__________________________________________________

Date:__________________________________________________

Copy of business license attached

DUNS Number:_________________________________________

Verified: Yes No

IRS Tax ID Number______________________________________

END OF SECTION D: DOCUMENT SECURITY NOTICE

SECTION D: DOCUMENT SECURITY NOTICE 1

Date:

Building/Project/Work Order Number:

Document Security Notice to Federal, State, and Local Government Agencies

The referenced documents contain Sensitive But Unclassified building (SBU) information. SBU documents provided to you are intended for use by authorized users only. In support of this requirement, GSA requires recipients to exercise reasonable care when handling documents containing/relating to SBU building information.

NOTICE TO STATE AND LOCAL GOVERNMENTS:

Documents provided to State and local governments or for public safety needs remain SBU information and public access to these documents is restricted.

REASONABLE CARE:

Limiting dissemination to authorized users. Dissemination of information shall only be made upon determination that the recipient is authorized to receive it. The criterion to determine authorization is need-to-know. Those with need-to-know are those who are specifically granted access for the conduct of business on behalf of your agency.

RETAINING AND DESTROYING DOCUMENTS:

All SBU documents will be destroyed by burning, shredding or retiring to a restricted access archive facility when no longer needed.

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

Project Number:

Agency:

Attached Documents:

Project Description:

Please provide the following information if this is a leased location:

Lease Number: Lessor:

I agree that I will abide by this agreement and will only disseminate Sensitive But Unclassified (SBU) building information to other authorized users under the conditions set forth above.

SECTION D: DOCUMENT SECURITY NOTICE 2

Agency Representative:

Print Name Signature

Title Date

Contractor Representative:

Print Name Signature

Title Date

END OF SECTION D: DOCUMENT SECURITY NOTICE

SECTION D: SBU MARKING INFORMATION 1

Sensitive But Unclassified Marking Information

1. Any electronic or printed document, pages containing SBU building information must have the following marking.

SENSITIVE BUT UNCLASSIFIED (SBU)

PROPERTY OF THE UNITED STATES GOVERNMENT

FOR OFFICIAL USE ONLY

Do not remove this notice

Properly destroy or return documents when no longer needed

2. The following mark must be affixed to the cover or first page of any document (sub as the cover page on a set of construction drawings.

SENSITIVE BUT UNCLASSIFIED (SBU)

PROPERTY OF THE UNITED STATES GOVERNMENT

COPYING, DISSEMINATION, OR DISTRIBUTION OF THIS DOCUMENT

TO UNAUTHORIZED RECIPIENTS IS PROHIBITED

Do not remove this notice Properly destroy or return documents when no longer needed

3. The previous two markings must be prominently labeled in bold type in a size appropriate for the document or portable electronic data storage device or both, if applicable. On a set of construction drawings, for example, the statements must in a minimum of 14 points bold type or equivalent.

4. The SBU markings must be used regardless of the medium through which the information appears or is conveyed.

END OF SECTION D: SBU MARKING INFORMATION

Property of the United States Government For Official Use Only. Copying, Dissemination, Or Distribution Of These Plans or Specifications To Unauthorized Personnel, Is Prohibited. Do Not Remove This Notice. Properly Destroy Documents When No Longer Needed.

Section E: Inspection and Acceptance

SECTION E: M AND I & COMMISSIONING 1

STANDARD MANAGEMENT AND INSPECTION (M & I)

AND COMMISSIONING SERVICES

1. STANDARD MANAGEMENT AND INSPECTION SERVICES:

The Government may request the A-E to submit a fee proposal for M & I and/or commissioning services. Services shall be provided in accordance with this section. Variations, if applicable, from the standard M & I or commissioning services listed shall be described on the delivery order. All or part of M & I or commissioning services listed below may be included/excluded for each delivery order. Each delivery order shall define the scope and level of service.

2. HANDBOOKS AND GUIDELINES

All M & I Services shall comply with current guidelines established by The General Services Administration, Heartland Region.

3. SCOPE OF STANDARD M & I SERVICES TO BE PROVIDED:

A. M & I services may include the following:

(1) Maintain a filing system for all correspondence, submittals, shop drawings, reports, payments, contract changes, etc.

(2) Maintain a record of every critical event such as strikes, material delivery to job site, contract change negotiation delay, start and completion of events, work delays, poor performance and timely actions, delays due to the Government, etc.

(3) Coordinate, schedule, and conduct the pre-construction conference.

(4) Coordinate the project with the CO, PM, GSA COR, GSA Field Office, and the tenants who will occupy or maintain the space.

(5) Coordinate, schedule, and oversee the relocation of tenants in accordance with the phasing plan, if applicable.

(6) Insist on prompt submission of construction progress schedule and schedule of estimates. Check for proper preparation and accuracy and recommend approval or rejection to the GSA COR.

Work items and the values thereof shall be identical to the work branch breakdown on the schedule of estimates. The start and completion times shall be depicted by bar graph and the estimated percentage completion at the end of each pay period shall be shown. Work shall be scheduled in an acceptable sequence. All bar graph data shall be shown in summation as a single line progress curve with the vertical scale representing in-place dollar value of work and the horizontal scale representing contract time. Examine the schedule to ensure that it is not front-end loaded; that the work is broken down sufficiently to determine progress payments, and that the work item values are realistic. The original estimate shall be used if available to verify that the values are realistic. After approval, the schedule shall be used as a tool to monitor progress. When major changes are made in the contract requirements or when time extensions are granted, the construction contractor shall immediately revise the schedule based on the

SECTION E: M AND I & COMMISSIONING 2

changed conditions. Progress payments may be withheld or retainage held if the construction contractor has not furnished an acceptable schedule or revision to a schedule.

B. Review the contract requirements as soon as a project is awarded and advise the GSA COR of any long lead items or materials that are to be Government furnished. The GSA COR will monitor the ordering of the materials and have them delivered to the job site.

C. Review any Value Engineering change proposal submitted by the construction contractor under the Value Engineering clause of the construction contract and recommend acceptance or rejection to the GSA COR. Prepare all related correspondence, including letters to the construction contractor, findings justification, and contract modification forms.

D. Prepare and sign general correspondence pertaining to the construction contract such as letters to the construction contractor and tenants. A copy of all such correspondence (including any enclosures or correspondence that is being answered) shall be promptly forwarded to the GSA COR and CO. The Government contract file shall be the official file for all contract correspondence.

(1) If correspondence from a judicial office or congressman is received, advise the GSA COR, PM, and CO IMMEDIATELY.

E. Insist that the construction contractor provides material submittals and shop drawings within a time frame that shall permit appropriate review and action without delaying the project work. Check all submittals for completeness, technical accuracy, and compliance with contract requirements, and recommend approval or rejection to the GSA COR on form 2402 as required.

Approved and rejected submittals will be transmitted with form 2402 directly to the construction contractor & distributed to others by the GSA COR. Maintain an accurate log of submittals received and action taken.

F. Assure that the construction contractor pursues the work with such diligence that completion shall occur within the specified time. Observe all construction work of the general construction contractor and the subcontractor(s) to ensure compliance with contract requirements. Promptly list defects and omissions as they occur (on form 2480), and forward a copy to the construction contractor and GSA COR and CO. Unsatisfactory work by the construction contractor is that work performed not in compliance with the plans and specifications and deemed unacceptable.

(1) Promptly notify the GSA COR in writing of any work of the construction contractor that does not meet contract requirements. Advise the GSA COR if the construction contractor fails to promptly correct D&O’s or to promptly remove, replace, or correct unsatisfactory work.

Prepare construction engineer’s daily diaries each time the construction site is visited. Submit a weekly inspection report (form 220) with daily construction engineer’s diaries (form 1524). Prior to invoicing, contractor will submit a pencil copy for review. Review and coordinate request with GSA COR. This requires establishing the extent of acceptable in-place work, determining the amount of installed and non-installed materials, keeping track of current contract amount as may be modified by contract modifications, keeping records of prior payments, and determining retainage to be withheld. The construction contractor’s invoice for payment shall not be assumed as being a valid amount to recommend for payment. The recommendations shall be arrived at by independent analysis.

(2) Construction work of the general construction contractor and the subcontractor(s) shall be observed to ensure substantial compliance with contract requirements. Unsatisfactory

SECTION E: M AND I & COMMISSIONING 3

workmanship that does not comply with contract requirements shall be promptly reported to the GSA COR orally and in writing. If the construction contractor fails to remove, correct, or replace unsatisfactory construction work promptly, further action shall be taken immediately. A letter to the construction contractor (with copy to the surety) directing attention to the problem and requesting a schedule of corrective action would be appropriate. In more severe cases, a suspension of work on certain items or a stop work order for the CO’s signature might be required. Frequency of inspection may need to be increased. The important point is that unacceptable workmanship shall be identified early and cannot be allowed to continue.

(3) In the case of unsatisfactory performance, if it appears that the work is not progressing such that the project can be completed within the specified time, a “cure” letter shall be drafted and forwarded to the GSA COR for processing. If the project is beyond the completion date and still not complete, a “show cause” letter shall be prepared. Formats for these letters shall be provided by the Government.

(4) Payment for in-place work shall be made only for satisfactory in-place work.

Payment shall not be made for in-place work that is not acceptable. Bills of sale shall be furnished for materials stored off-site prior to payment for those materials. Such materials shall be stored in a bonded insured warehouse, and specifically set aside and identified for use in the project. With respect to on-site materials not installed, the construction contractor shall submit “proper” invoices when requesting payment. (A “proper” invoice is one, which clearly defines the materials for which payment is being made and shows the quantity and value of each separate material item). Invoices, which list many materials but give only a lump sum value, are not acceptable.) Invoices with a typed description of materials but with handwritten value shall not be accepted. On-site materials for which payment is being recommended shall be verified to be on-site. Payment shall not be made for any materials that have not met all the conditions for approval. For example, if a material is approved-as-noted and the noted condition is that a specified compliance certification be provided, payment shall not be made for that equipment, even if a proper invoice is submitted, until the certification is provided. Similarly, payment shall not be made for in-place work when the equipment is installed if it has not met all conditions for approval. When progress payments are prepared, special care shall be taken to ensure that the materials are correctly separated on form 184. Until materials are installed, their value shall remain in the “material” column of form 184A. The value of materials not installed does not contribute to the overall percent complete for the project.

(5) Retainage, if established by contract, shall be adequate to offset the estimated cost to correct defects and omissions and unsatisfactory work. Ten percent (10%) retainage may be applied when the construction contractor’s performance is unsatisfactory. It is important to note that retainage is calculated by applying the percentage to the amount of work completed during that progress period and then adding it to any previously withheld retainage. After substantial completion has been established, retainage shall be reduced to the amount necessary to accomplish correction of defects and omissions and to offset any liquidated damages. When estimating retainage after substantial completion, all administrative, engineering, re-procurement costs, and increased costs by separate contract, etc., shall be considered in the event the corrective work has to be accomplished by separate contract.

G. In conjunction with the project inspections, monitor contract labor compliance, perform on-site interviewing of selected employees, check for posting of wage rates and nondiscrimination notices, and fill out labor interview reports, Form 3017, and forward to the GSA COR. Immediately inform the GSA COR to any apparent labor violations.

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H. The construction contract documents require the construction contractor to comply with the safety requirements of OSHA Code of Federal Regulations (CFR) 1926 and GSA Handbooks. These requirements shall be discussed at the Pre-Construction conference. In the event a fire or accident occurs, promptly notify the GSA COR.

I. Review all Requests for Information (RFI) submitted by the construction contractor.

Review the construction documents and determine whether each RFI can be answered based upon information contained in the construction contract documents.

(1) When response to an RFI can be based on the construction contract documents, prepare a electronic response to the construction contractor. A copy of all such responses (including any enclosures and a copy of the RFI which is answered) shall be promptly forwarded to the GSA COR, PM, and CO.

(2) When response to a RFI requires minor information not contained in the construction contract documents, but such additional information has no impact on construction costs or construction time, prepare a electronic response to the construction contractor. A copy of all such responses (including any enclosures and a copy of the RFI which is being answered) shall be promptly forwarded to the GSA COR and PM.

(3) When response to an RFI requires information not contained in the construction contract documents, and when such additional information shall impact construction costs or construction time, notify the GSA COR promptly.

(4) When response to an RFI requires a contract modification, follow the procedures outlined below.

(5) Maintain an accurate log of all RFIs received from the construction contractor, action taken to resolve each RFI, and the source of the RFI (For example; changed field conditions design deficiency, unanticipated field conditions, or modification to the scope of the work for the construction contract.)

J. Prepare and process contract proposal requests (Form 30), Finding of Fact (Form 2437), an independent estimate (Form 3320), discuss funding availability with the GSA COR, forward a copy of the 30, 2437, and 3320 (official file copy) to the GSA COR, receive the construction contractor’s proposal, negotiate and settle final pricing, prepare a record of price negotiation and forward the modification package with the construction contractor’s signature to the GSA COR for final processing. Note that processing of contract modifications requires a thorough understanding of how the work is funded and very close coordination with the COR and PM, who are responsible for monitoring the funds.

(1) Note that the work shall not proceed on changed conditions, which increases the contract cost until funds are certified as available. On projects where tenants are reimbursing the Government for the work, when additional funds are needed they must be requested by the Government from the tenant. Since this process requires time, early identification of the need for the change and strong coordination with the GSA COR and the tenant are essential.

(2) Only the CO can approve a modification of the contract requirements, regardless of whether there is a change in contract price.

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(3) Determine when price-to-be-determined-later (PDL) modification directives are necessary to prevent delaying the construction contractor, recommend issuance of the PDL to the GSA COR, prepare an estimate (Form 3320) and Finding of Fact (Form 2437), obtain the construction contractor’s proposal, and forward to the GSA COR for processing. Monitor the progress on such modifications and make every effort to reach a firm fixed price settlement prior to 50% of the work being accomplished. Assure that the construction contractor is not paid more than 80% of the PDL amount or the value of the Government estimate (whichever is less) until the pricing is resolved.

(4) Maintain a record of all proposal requests and contract modifications.

K. Assure the construction contractor maintains a set of hand-marked current, “as-built”, blue line contract drawing prints on the job site, and that the drawings are “red lined” or updated as changes occur. Upon completion of the project, the construction contractor shall furnish to the A-E of record the one set of these prints, legibly marked “red lines”, to indicate all changes, additions, deletions, etc., from the contract drawings. The “as-builts” shall be transcribed to the original contract drawings or CAD/BIM disk (provided by the Government) by the A-E of record.

The corrected drawings or CAD/BIM disk shall be marked “Record Drawings” and shall be delivered to the GSA COR along with the construction contractors “red line” drawings. A letter shall accompany these drawings certifying that all changes and work performed have been transferred to the Record Drawings.

L. Analyze requests for time extensions; prepare Findings of Fact (Form 2437) for extending or not extending time.

M. Prepare technical fact sheets on claims and terminations and forward to the GSA COR.

N. Establish the substantial completion date and recommend its acceptance to the GSA COR and CO.

O. Assist the GSA COR in the final inspection and testing. Provide the GSA COR with a complete list of all defects and omissions written throughout the project with the date of correction noted beside each item.

P. After the final inspection, insist that the construction contractor immediately correct the final defects and omissions within 30 days. Maintain strong follow-up until all items are resolved.

4. COMMISSIONING SERVICES

As required in the Work Order provide the services of a qualified Commissioning Agent (CxA) and, as required, other qualified commissioning personnel. Services shall be as stated in the work order, and may include any of the following: design, construction and/or post-construction stage services.

These services may include but are not limited to:

Design Stage

1. Assemble commissioning team, hold a scoping meeting and identify responsibilities.

2. Review the Preliminary Commissioning Plan developed by the GSA Project Manager during

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the Planning Phase and fill in additional detail including team member responsibilities and directory, communication structure, specific systems and equipment to be commissioned and tentative commissioning process schedule.

3. Schedule and lead commissioning meetings as needed with the Commissioning Team.

4. Coordinate the commissioning work during design.

5. Review Owner’s Project Requirements and Basis of Design documentation if available for clarity and completeness.

6. Perform focused reviews of the design, drawings and specifications at various stages of development.

7. Conduct/facilitate program review meetings at the beginning of the design phase, and before any design work is done.

8. Assist and review the development and updating of the Owner’s Project Requirements and

Basis of Design by design team members after each design review submission.

9. Update the Commissioning Plan in preparation for Construction Stage.

A. Develop full commissioning specifications for all commissioned equipment. Coordinate this with the architect and engineers and integrate the commissioning specifications into the overall project specification package. One or more of the following documents can be used as a guide for content, rigor and format: 1) Model Commissioning Plan and Guide Specifications, USDOE/ FEMP; Portland Energy Conservation, Inc. (PECI), 2) The HVAC Commissioning Process, ASHRAE Guideline 1-1996. The commissioning specification will include general commissioning requirements common to all systems and assemblies and a detailed description of the responsibilities of all parties, details of the commissioning process; reporting and documentation requirements, including formats; alerts to coordination issues, deficiency resolution; construction checklist and start-up requirements; the functional testing process; typical functional test require-ments, including testing conditions and acceptance criteria for each piece of equipment being commissioned.

B. The specifications will clearly indicate who is witnessing and documenting start-up of each commissioned system. The specifications will be clear as to who is writing, directing, conducting and documenting functional tests and regulatory-required tests.

This may vary between systems, especially between electrical and mechanical. Provide language to enhance current project specifications to ensure comprehensive controls submittals, full control contractor accountability for documented point-to-point checkout and commissioning participation, comprehensive test, adjusting and balancing, full contractor documentation of start-up and superior training and O&M manual documentation.

10. Review the project specifications and provide comments and additional language, as needed, to the contractor qualifications, submittal requirements, test, adjust and balance specifications, training requirements and operations and maintenance and system manual requirements.

11. Coordinate a controls integration meeting where the electrical engineers, fire protection engineers, mechanical engineers, GSA representative, and the CxA discuss integration issues between equipment, systems and disciplines to ensure that integration issues and responsibilities are clearly described in the specifications.

12. Participate in a value engineering / management workshop.

13. Review and make recommendations from the value engineering / management workshop for commissioning and O&M issues.

14. Review the recommendations from the constructability review for commissioning and O&M issues.

15. The final acceptance tests of all fire protection and life safety systems shall be witnessed by the GSA Fire Protection Engineer or their designated representative. Plan to assist the GSA

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Fire Protection Engineer or their designated representative in those tests.

Construction Stage

1. Coordinate and direct…