R6GSAIDIQMATOC2019_Agreement_20190403.pdf

GSA Solicitation No. R6GSAIDIQMATOC2019

April 03, 2019 Pages 1 of 72

Region 6 Indefinite Delivery/Indefinite Quantity (IDIQ), Multiple Award Task Order Contracts (MATOC), for Construction Services in the States of Missouri, Kansas, Nebraska and Iowa

The Agreement

Notice to Offerors of Total Small Business Set-Aside

The General Services Administration (GSA) is setting aside the contract under the following:

52.219-6, Notice of Total Small Business Set Aside

April 03, 2019 Pages 2 of 72

Table of Contents

I. Project Information A. Contract and Project Summary B. The Contract C. Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments D. Period of Performance E. Contract Values F. Geographic Areas G. Task Orders H. Payment and Performance Bonds I. Work Conditions/Site Requirements J. Authorized Representative K. Buy American Exceptions

II. Prices A. Basis of Pricing B. Contract Price Form

III.Terms and Conditions A. Commencement, Prosecution, and Completion of Work B. Contractor Responsibilities C. Contractor Management and Personnel D. Extensions of Time E. Interpretation of Specifications and Drawings F. Submittals G. Substantial Completion and Contract Completion H. Use and Possession Prior to Substantial Completion I. Finality of Contract Modifications J. Liquidated Damages K. Insurance Requirements L. Order of Precedence M. Administrative Matters N. Non-Compliance with Contract Requirements O. Safeguarding Sensitive Data and Information Technology Resources P. Working Hours Q. Electronic Project Management (ePM) R. Vendor Past Performance System S. Additional Terms and Conditions

IV. Contract Clauses

A. Clauses Incorporated in Full Text B. Clauses Incorporated by Reference

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I. Project Information

I.A. Contract and Project Summary

This is an Indefinite Delivery/Indefinite Quantity (IDIQ), Multiple Award Task Order Contracts (MATOC), for Construction Services in the following geographic areas:

(1) Kansas City, Missouri and the State of Missouri West of and including Jefferson City and Columbia, Missouri.

(2) St Louis, Missouri and the State of Missouri East of Jefferson City and Columbia, Missouri.

(3) State of Iowa (excluding Council Bluffs, IA)

(4) State of Nebraska (including Council Bluffs, IA)

(5) State of Kansas (including Kansas City, KS)

The work will be performed when authorized by properly executed Task Orders (GSA300)’s which will be issued from time to time for various quantities and types of work provided for in this contract. This authorized work shall be performed only at Government-owned buildings and/ or Government-leased space where GSA has either repair responsibility or authority. This Contract involves a Base Year and Four (4) One (1) Year Options. The North American Industry Classification (NAICS) Code for this project is: 236220, size standard $36.5 million. The maximum value (total of the base and all optional periods) is $75,000,000 per contract.

The scope of work for the projects executed by Task Orders under the Contract include various construction improvements requiring the contractor to furnish all the necessary supervision, labor, parts, tools, materials, equipment, etc., (except as may otherwise be provided for in the specifications).

I.B. The Contract

(1) The Contract consists of the SF 1442 & Supplement, the Agreement, the Statement of Work, Specifications, Drawings, Exhibits, Amendments, Modifications, and other Attachments identified herein (collectively, the Contract Documents). The Contract contains the entire agreement of the Parties, and no prior written or oral agreement, express or implied, shall be admissible to contradict or modify any part of the Contract.

(2) The Contractor shall provide and pay for all labor, materials, equipment, tools, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution of the work described in and reasonably inferable from the Contract Documents (the Work), whether temporary or permanent. In consideration for, and upon condition of, the Contractor's completion of the Work, GSA shall pay the Contractor the price or prices established in Section II, subject to the terms and conditions set forth in this Contract. Award of task orders will be on a firm fixed price basis.

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

The following documents are incorporated by reference into this Contract.

(1) The Solicitation

(2) The Agreement

(3) SF 1442 and Supplement to SF 1442

I.D. Period of Performance

The Initial Contract period shall be for a period of twelve (12) months from the date of contract award. Task Orders may be placed under this Contract from the date of award through the expiration date of said Contract.

I.D.1. Optional Contract Periods

GSAR 552.217-71, Notice Regarding Option(s) (Nov 1992)

The GSA has included an option to extend the term of this contract in order to demonstrate the value it places on quality performance by providing a mechanism for continuing a contractual relationship with a successful Offeror that performs at a level which meets or exceeds GSA’s quality performance expectations as communicated to the Contractor, in writing, by the Contracting Officer or designated representative. When deciding whether to exercise the option, the Contracting Officer will consider the quality of the Contractor’s past performance under this contract in accordance with 48 CFR 517.207.

In accordance with GSAR 517.203, solicitations that include an option to extend should inform Offeror that the contract could result in a long term contractual relationship subject to both of the following conditions: Continuing need by GSA, and level of contract performance that at least meets GSA’s quality performance expectations.

The Government reserves the unilateral right to exercise the options to extend the term of the Contract. This Contract contains options that allow the government to extend the Contract for four (4) one-year option periods.

I.D.2. Option to Extend the Contract

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

The Government may extend the term of this contract by written notice to the contractor within the term of the contract; provided that the Government gives the contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. If the Government exercises this option, the extended contract shall be considered to include this option clause. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 years.

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I.D.3. On-Boarding

This is an IDIQ Contract with a limited number of contract holders. Consequently, participation from the contract holders is critical to the legitimacy of the IDIQ Contract. Thus, one component of evaluating contract performance is contract participation. If a contractor does not respond with a COMPETITIVE proposal to at least 50% of the competitive Task Order opportunities, contract performance will be impacted negatively. Additionally, a contractor that has met the maximum contract value is ineligible for award of future Task Orders, and thus would not be able to satisfy any continuing needs of GSA. GSA's continuing need and contractor performance (including contractor participation) form the basis for exercise of an option, and will be evaluated for each of the respective geographic areas represented by a contract holder. In accordance with the Agreement and GSAR 517.203, if there is not a continuing need by GSA that can be satisfied by the contractor, or if the level of contract performance does not meet GSA’s quality performance expectations, the Government may determine not to exercise a contract option. The Government may determine to exercise an option to extend the term in one geographic area for a contract holder, but determine not to exercise an option to extend the term in another geographic area for the same contract holder. In the event one or more contract options are not exercised, all parties to the GSA Region 6 Multiple Award Indefinite Delivery Indefinite Quantity (IDIQ) Task Order Contract for Construction Services for the states of Iowa, Kansas, Missouri, and Nebraska mutually agree that the original solicitation, revised as necessary, will be used as a basis to add additional contractors to the pool of existing contract holders to compete on future task orders (On-Boarding). In any event, the maximum number of IDIQ contract holders per geographic area will not exceed twelve (12) at any point in time. The decision to add additional contract holders shall be at GSA’s sole discretion and will occur in accordance with all regulations and policy for new procurements. This may allow for both new offerors and existing contract holders to submit proposals in response to such a Request For Proposal (RFP). Existing contract holders may elect not to respond to the On-Boarding RFP.

Upon award of any additional, replacement contract(s), GSA shall notify all existing contract holders of the award(s), and the new contract holders shall henceforth be eligible to compete with the existing contract holders for Task Order awards.

I.E. Contract Values

The awarded Contractor will be guaranteed a minimum of $1,000.00 for the entire contract duration (maximum potential of five (5) years) to be executed ONLY during the base year, which can be satisfied by the award of one or more Task Orders during the respective Contract period.

In the event a firm receives awards of less than this guaranteed minimum, the Government will reimburse the Contractor for the difference between the actual obligation and the guaranteed minimum. The maximum value (total of the base and all optional periods) of a contract awarded as a result of this solicitation is $75,000,000.00. Refer to Section IV.A. FAR 52.216-19 (Order Limitations) which specifies Task Order limitations.

If the Government’s requirements for construction set forth in the Contract do not result in Task Orders in the amounts described throughout the Contract as estimated or maximum dollar

April 03, 2019 Pages 6 of 72 values, the event shall not constitute the basis for an equitable price adjustment under any resultant Contract.

I.F. Geographic Areas

The initial geographic areas will be as follows:

(1) Kansas City, Missouri and the State of Missouri West of and including Jefferson City and Columbia, Missouri.

(2) St Louis, Missouri and the State of Missouri East of Jefferson City and Columbia, Missouri.

(3) State of Iowa (excluding Council Bluffs, IA)

(4) State of Nebraska (including Council Bluffs, IA)

(5) State of Kansas (including Kansas City, KS)

However, the GSA reserves the right to add additional geographic areas to any of the awarded contracts within the four (4) state region of Missouri, Iowa, Kansas, and Nebraska and any states bordering the previously listed states.

I.G. Task Orders

Task Order Methods Available

Method 1: Scope of Work will be provided to the contractors. Contractors submit a firm fixed price for Construction Services.

Method 2: Scope of Work will be provided to the contractors. Scope of Work drives design concept. Design shall be completed by the contractors. Contractors submit a firm fixed price for Design and Construction Services.

Task Order issued shall include, but not be limited to the following information:

(a) Date of order;

(b) Contract and delivery order number;

(c) Appropriation and accounting data;

(d) Description of the services to be performed;

(e) Place of performance;

(f) Period of time in which the services are to be performed;

(g) List of Government-furnished material and the estimated value thereof, if applicable;

(h) Description of Project and/or Building Specific Conditions (if any)

(i) Other pertinent information such as drawings, sketches, and scope of work as appropriate; and,

(j) Inspection/Acceptance

(k) Invoice/Payment Information

(l) Signature of warranted ordering official.

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I.G.1. Task Order Performance Periods

The time for completion for each Task Order shall be determined under each individual Task Order. Task Orders under this contract may be awarded by the designated, warranted ordering officials at any time within the Contract period. The actual performance of the work may extend beyond the Contract period.

Each task order shall specify dates for starting work and completing work at the job site. The starting date shall not be less than two (2) calendar days (except as may be otherwise agreed upon and between the Ordering Official and the contractor) after issuance of the task order.

Time shall be computed starting with the date the task order was received by the contractor.

I.G.2. Liquidated Damages Rate Liquidated Damages are established at a rate of $100.00 per day for Task Orders under $250,000.00 issued under the Contract. If this rate is adjusted the contractor will be notified at the Task Order level. For Task Orders exceeding $250,000.00, the liquidated damage rate will be determined at the Task Order level. These amounts will be deducted from the respective Task Order value for each day a contractor has not reached substantial completion beyond the established completion date.

I.G.3. Additional Task Order Terms and Conditions I.G.3.a. Task Orders under this Contract shall be ordered on GSA Form 300 by a designated warranted ordering official, for various quantities and types of work provided for in this contract.

I.G.3.b. For each task order the contractor or the contractor’s designated representative shall respond in writing or in person to the Ordering Official within 24 hours. Time shall be computed starting with the date and time the task order is received by the contractor, as evidenced by fax, or email.

I.G.3.c. Any Task Order issued during the effective period of this Contract, and not completed within the period, shall be completed by the Contractor within the time specified in the Task Order. The Contract shall govern the Contractor and Government’s rights and obligations with respect to that order as if the order were completed during the Contract period.

I.G.3.d. The Davis-Bacon wage rates will be issued with each resulting Task Order. Refer to

FAR 52.222-30.

I.G.3.e. Tax Exempt Status

Each contract is subject to its respective Tax Exempt Status, as it varies by state:

Tax Exemption letters and certificates will be furnished to each awarded contractor by the Contracting Officer/Ordering Official upon request from the Contractor.

Invoices should be retained by the purchasing contractor/subcontractor as required by law.

Invoices shall be furnished to the Ordering Official upon request for supplies purchased, used and consumed in fulfilling the project.

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Issuance of the exemption letters and exemption certificates does not relieve the contractor for responsibility for payment for materials or supplies, nor does it create a contractual relationship between GSA and any subcontractor.

Kansas Sales and Use Tax Notwithstanding any other provisions of this contract, the contract price excludes the Kansas Retailers’ Sales Tax and Compensating (Use) Tax on all sales of tangible personal property or services purchased for the performance of the contract. In accordance with K.S.A. 79-3606, subsection (e) as provided April 9, 1971, the contracting office will obtain from the State and furnish to the contractor an Exemption Certificate for subcontractors in the purchase of materials for incorporation in the project. The number of such certificate shall be furnished to all suppliers from whom such purchases are made, and such suppliers shall execute invoices covering the same, bearing the number of such certificate. The contractor shall furnish copies of all such invoices to the Contracting Officer, who, upon completion of the project shall certify to the State that upon information provided and belief all purchases so made were entitled to exemption under said subsection (e).

Missouri Sales Tax Sales of supplies and materials to the contractor and subcontractors for use in this project are exempt from Missouri sales tax. Notwithstanding any other provisions of this contract, the contract price is based upon exemption for Missouri Sales Tax for sales at retail of tangible personal property and materials for use in this project.

Sales to the contractor and subcontractors of construction materials and supplies for this project are exempt from Missouri sales tax provided the contractor and/or subcontractors provide to their suppliers a project exemption certificate authorizing purchases for the project.

An exemption letter and certificates will be furnished to the contractor by the Contracting Officer upon request of the contractor. Contractors/subcontractors must provide a copy of the exemption letter and certificate to suppliers when purchasing materials and supplies to be used in the project. (Purchases of machinery, equipment or tools used in fulfilling the contract are not exempt from sales tax). Suppliers are to include on their invoices the name of the exempt organization (GSA) and the project identification number. NOTE: Tax Exemption letters and certificates will not be issued until the required schedule of values and progress schedule have been submitted and approved.

Invoices should be retained by the purchasing contractor/subcontractor as required by law.

Invoices shall be furnished to the Contracting Officer upon request for supplies purchased, used and consumed in fulfilling the project. All offerors are referred to the Missouri Revised Statutes for the specific requirements and provisions of the law.

Issuance of the exemption letters and exemption certificates does not relieve the contractor for responsibility for payment for materials or supplies, nor does it create a contractual relationship between GSA and any subcontractor.

Iowa Sales Tax Sales of construction materials to the contractor and subcontractors for use in this project are exempt from Iowa sales tax. Notwithstanding any other provisions of this contract, the contract

April 03, 2019 Pages 9 of 72 price is based upon exemption for Iowa Sales Tax for sales of tangible personal property consisting of building materials, supplies, or equipment for use in this construction project.

In order to utilize this exemption for Iowa sales tax the contractor and/or subcontractors is required to provide their suppliers a project exemption certificate authorizing purchases for the project.

Upon request of the contractor, the Contracting Officer will furnish an authorization letter and exemption certificates for the contractor/subcontractors. Contractors/subcontractors must provide a copy of the exemption certificates to suppliers when purchasing construction materials to be used in the project. (Complete information on qualifying materials can be found at www.state.ia.us/tx, the Iowa Department of Revenues website). Suppliers are to include on their invoices the name of the exempt organization (GSA) and the project identification number.

Invoices should be retained by the purchasing contractor/subcontractor, as required by law.

Invoices shall be furnished to the Contracting Officer upon request for construction materials purchased, used and consumed in fulfilling the project.

All offerors are referred to the Iowa Code Sections 422.42(15) & (16), and 422.47 (5) for the specific requirements and provisions of the law.

Issuance of the authorization letter and exemption certificates does not relieve the contractor of the responsibility for payment for construction materials, nor does it create a contractual relationship between GSA and any subcontractor.

Nebraska Sales Tax All contractors, both resident and nonresident, have three options from which to choose regarding how they will satisfy their sales and use tax liability on building materials and fixtures.

The choice of an option is made by the Nebraska Department of Labor’s online Contractor/Subcontractor Registration Application located at www.dol.nebraska.gov. The contractor/subcontractor registration information, including the contractor option elected, is displayed in the Contractor Registration Database. Before performing any construction work in Nebraska, a contractor must be registered in the Contractor Registration Database.

To make tax-exempt purchases of building materials and fixtures, Option 1 or Option 3 contractors must complete Nebraska Resale or Exempt Sale Certificate for Sales Tax Exemption Form 13, Section C, Part 1.

To make tax-exempt purchases of building materials and fixtures pursuant to a construction project for an exempt governmental unit or an exempt nonprofit organization, Option 2 contractors must complete Nebraska Resale or Exempt Sale Certificate for Sales Tax Exemption Form 13, Section C, Part 2. The contractor must also attach a copy of a properly completed Purchasing Agent Appointment and Delegation of Authority for Sales and Use Tax, Form 17, to the Form 13, and both documents must be given to the supplier when purchasing building materials.

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I.H. Payment and Performance Bonds

I.H.1. Payment and performance bonds must be furnished with each task order when applicable. Performance and payment bonds will be required upon award of task orders, prior to issuance of the NTP for construction or design, if applicable, as prescribed by FAR 28.102-2(b) and FAR 52.228-15, Performance and Payment Bonds – Construction, the following bonds will be required:

(a) A Performance Bond with a penal amount of 100% of the original task order price. If the task order price increases, an additional amount equal to 100% of the increase may be required.

(b) A Payment Bond with an amount equal to 100% of the original task order price. If the task order price increases, an additional amount equal to 100% of the increase may be required. The amount of the Payment Bond must be no less than the amount of the Performance Bond.

I.H.2 Bid Guarantees are required to be submitted with task order offers when applicable in accordance with FAR 52.228-1 Bid Guarantee

I.H.3. Notice to prospective offerors on the use of individual sureties (if applicable – only if not using a corporate surety)

In addition to the information required under the above referenced FAR and GSAR clauses, the following information is required in support of Standard Form (SF 28), "AFFIDAVIT OF

INDIVIDUAL SURETY":

(1) A current list of all other bonds on which the individual is a surety and bonds for which the individual is requesting to be a surety.

(2) CPA - certified balance sheet(s) and income statements(s) with a signed opinion for each individual surety.

The above referenced information will be utilized by the Contracting Officer to determine the acceptability of individuals proposed as sureties.

I.I. Work Conditions/Site Requirements

FAR 52.236-27, Site Visit - Construction, FAR 52.236-3, Site Investigations and Conditions Affecting the Work, are incorporated by reference in this Contract and any Task Orders resulting from this contract.

The Contractor shall be presumed to have established its rates/prices and task order proposal with knowledge of general and local conditions that may affect the cost of Contract performance at the site where the Work is to be performed, to the extent that such information is reasonably obtainable.

Contractors are urged and expected to inspect the site where the work will be performed and Tasks Orders will provide instructions on how and when visits can be conducted.

No oral statement made by a Government representative during any site visit or preproposal conference, nor any written record of such oral statements as may be made and subsequently furnished to the offeror, will be deemed to have the effect of adding to, modifying, or otherwise varying from the written provisions of the request for proposals (including, but not limited to

April 03, 2019 Pages 11 of 72 specifications, drawings and written amendments to the solicitation). In the event the discussion or questions raised during the site visit or preproposal conference indicate a need to modify the request for proposals, an amendment to the solicitation will be issued in writing.

Each individual Task Order will specify any known, unique site requirements.

I.J. Authorized Representative

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

Name: Daniel Talbert - Contracting Officer Address: 2300 Main Street – 7th Floor, Kansas City, Missouri 64108 Telephone: 816-527-3777 Email: daniel.talbert@gsa.gov

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

(3) The Contracting Officer identified in I.J.1 will provide awardee with the warranted GSA ordering officials for this Contract at time of award.

I.K. Buy American Exceptions

Maximum Overhead and Profit Rates submitted by Contractors shall assume no exceptions to Buy American Requirements.

See Section IV.A. 52.225-9 Buy American—Construction Materials (May 2014).

II. Prices

II.A. Basis of Pricing

(1) Task Order Prices. All task order prices set forth in each task order shall include all costs necessary to complete the work for which the price is established (e.g., Base task order, Unit Price, Options) in accordance with the task order Documents, including, but not limited to, the cost of work performed by subcontractors and consultants, indirect costs, fees, expenses, taxes, and profit.

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

(3) Unit Prices and Allowances. If any portion of the task order Work is to be performed on a unit price basis, the Unit Price shall include all costs of coordinating and incorporating the unit-

April 03, 2019 Pages 12 of 72 priced portion of the Work into the task order Work. The Contractor shall only be obligated to perform unit-priced work to the extent that an Allowance has been established. The Contractor shall be obligated to perform such work in excess of a unit quantity for which an Allowance is established only if directed by the Contracting Officer in writing. The Contractor shall be bound to the unit price or prices set forth herein in all equitable adjustments for changes including unit priced work, and no markups shall be applied to such unit prices.

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

(5) Maximum Bid Rates. Maximum bid rates may be set at a task order level (e.g., overhead, profit, daily rates for time-related costs), such rates shall be deemed to include all costs consistent with the requirements, definitions, and exclusions applicable to the task order, and consistent with the Contractor's cost accounting practices. Unless otherwise specified, the bid rates shall be deemed to include only the Contractor's costs, and not the costs of any subcontractors.

II.B. Contract Price Form

See the attached SF 1442 and Supplement to SF 1442.

III. Terms and Conditions

The requirements set forth in this Agreement are baseline requirements. Task orders may include additional requirements to address individual project needs. Refer to the task order for project specific requirements.

III.A. Commencement, Prosecution, and Completion of Work

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

The Contractor shall not commence the Work until the Contracting Officer has issued NTP. The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of the Work, as defined in Section III (Terms and Conditions), “Substantial Completion and Contract Completion” clause, within the time specified in Section I (Project Information), “Period of Performance” clause. If the Contract specifies different completion dates for different phases or portions of the Work, the Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of such phases or portions of the Work within the times specified.

III.B. Contractor Responsibilities

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

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

III.B.2. The Contractor shall be responsible for coordinating all activities of subcontractors.

This responsibility includes coordination of: preparation of shop drawings produced by different subcontractors where their work interfaces or may potentially conflict or interfere and the installation of such work; scheduling of work by subcontractors; and use of the Project site for staging and logistics.

III.B.3. The Contractor shall be responsible for providing professional design services unless task order Method 1 is used or this responsibility is expressly excluded from the Contract Documents. In the performance of such work, the Contractor shall be responsible for retaining licensed design professionals, who shall sign and seal all drawings, calculations, specifications and other submittals that the licensed professional prepares. The Contractor shall be responsible for, and GSA shall be entitled to rely upon, the adequacy and completeness of all professional design services provided under this Base IDIQ Contract.

III.B.4. Where installation of separate Work components as shown in the Contract Documents will result in conflict or interference between such components or with existing conditions, including allowable tolerances, it is the Contractor's responsibility to bring such conflict or interference to the attention of the Contracting Officer and seek direction before fabrication, construction, or installation of any affected work. If the Contractor fabricates, constructs, or installs any work prior to receiving such direction, the Contractor shall be responsible for all cost and time incurred to resolve or mitigate such conflict or interference.

III.B.5. Where drawings show work without specific routing, dimensions, locations, or position relative to other work or existing conditions, and such information is not specifically defined by reference to specifications or other information supplied in the Contract Documents, the Contractor is responsible for routing, dimensioning, and locating such work in coordination with other work or existing conditions in a manner consistent with Contract requirements.

III.B.6. It is not the Contractor's responsibility to ensure that the Contract Documents comply with applicable laws, statutes, building codes and regulations. If it comes to the attention of the Contractor that any of the Contract Documents do not comply with such requirements, the Contractor shall promptly notify the Contracting Officer in writing. If the Contractor performs any of the Work prior to notifying and receiving direction from the Contracting Officer, the Contractor shall assume full responsibility for correction of such work, and any fees or penalties that may be assessed for non-compliance.

III.B.7. The Contractor shall immediately bring to the Contracting Officer's attention any hazardous materials or conditions not disclosed in the Contract Documents discovered by or made known to the Contractor during the performance of the Contract.

III.B.8. Contractor is responsible for safety on the Project site and must submit a safety plan before commencing work.

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III.B.9. The Contractor assumes the risk of, and shall be responsible for, any loss, damage, destruction, or theft of Government property upon its delivery to the Contractor as Government-furnished property. However, the Contractor is not responsible for reasonable wear and tear to Government property or for Government property properly consumed in performing this Contract.

III.B.10. Contract authority must be vested within the contractor’s designated on-site key personnel. During the execution of each task order one of the contractor’s designated people with contract authority must respond within 24 hours of being contacted by the owner representative.

III.B.11. The contractor will not be provided office space and limited (if any) storage space for materials under this contract, and thus shall be responsible for providing it themselves.

III.B.12 This Contract is intended for the sole benefit of the Parties; no person shall be deemed a third party beneficiary of this Contract. Notwithstanding the foregoing, the Contractor shall include in all subcontracts that require professional design services express terms establishing GSA as a third party beneficiary.

III.B.13 The Contractor’s principal tasks may include, but are not limited to: field verification and site investigations, required testing, design services, reviewing designs, preparing cost estimates, reviewing cost estimates, providing schedules, keeping records, reporting on progress, resolving problems, conducting value engineering exercises, performing constructability reviews, submittals, coordination of all documents and requirements, promptly reporting to the Contracting Officer any ambiguities or discrepancies found in the project requirements or documents, coordination of all activities, coordination of all meetings, construction, maintaining daily logs, weekly and monthly reports, administration of all subcontracts, administration and execution of quality control plan, commissioning, performing administrative collection of sustainable design and construction-related materials and processes, construction waste recycling receipts, and other services as defined in the Contract Documents.

III.B.14 The Contractor will conduct or assist in conducting weekly construction progress meetings when applicable. The Contractor may be required to keep and distribute meeting minutes. The progress meetings should be held at or near the construction site.

III.B.15 The Contractor shall be responsible for maintaining satisfactory standards of employee conduct, competency, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to their employees or subcontractor’s employees as may be necessary. The Contractor is responsible for ensuring that their employees and subcontractor’s employees do not disturb papers on desks, open desk drawers or cabinets, or use Government telephones or any government equipment, (office tools, supplies, and/or materials), except as authorized by the Contracting Officers Representative or Contracting Officer.

III.B.16 The Contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of this contract and shall hold the Government harmless for any action or inaction on the

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Contractor’s part or that of his employees or subcontractors which result in illness, injury, or death. See project specific safety and health requirements in each task order.

III.B.17 The Contractor shall comply with all applicable environmental protection requirements including all federal, state, and local laws, regulations, and standards. All environmental protection matters shall be coordinated with the ordering official. Inspection of any of the facilities operated by the contractor or work sites at which the contractor is performing work under an individual task order may be accomplished by the ordering official or his/her designated representative on a no-notice basis during normal working hours. In the event that a regulatory agency assesses a monetary fine against the Government for violations caused by Contractor negligence, the contractor shall reimburse the Government for the amount of that fine and other costs. The Contractor shall also clean up any oil and environmentally hazardous spills which result from the Contractor’s operations.

III.B.18 The Contractor is required to have access to the Internet. All project managers or points of contact for the prime Contractor are required to have individual e-mail addresses, accessible through the Internet.

III.B.19 The Contractor agrees that all electronic and hard copy drawings, files, photographs, renderings, blueprints, specifications, and/or other materials generated within the contract shall belong at all times to the Government and the Government reserves the right to modify and/or distribute said electronic and hard copies.

III.B.20 The Contractor will review submittals to verify installation and use of energy-, water-, and resource-efficient systems and equipment, sustainable construction materials including renewable, bio-based content (EPA- and USDA-designated items), recyclable and recycled-content materials; materials that contribute to responsible indoor environmental quality practices; site work strategies, and demolition including recycling, salvage and reuse;

environmental remediation; the recycling process/disposal of construction waste.

III.B.21 Sustainability - GSA recognizes that it has a responsibility to increase the sustainability of the Federal government by reducing the environmental impact of its buildings, products, and services, as well as its processes and activities in its goal to achieve a Net Zero Environmental Footprint. Executive Order 13514, Federal Leadership in Environmental, Energy, and Economic Performance, requires Federal agencies to ensure that new construction, major renovations, and repairs and alterations of Federal buildings comply with the Guiding Principles for Federal Leadership in High Performance and Sustainable Buildings. In its Strategic Sustainability Performance Plan, GSA requires the incorporation of the Guiding Principles into 100% of its design, construction, renovation, repair and alteration project requirements and contract solicitations. The Guiding Principles include: I. Employ Integrated Design Principles; II. Optimize Energy Performance; III. Protect and Conserve Water; IV. Enhance Indoor Environmental Quality; and V. Reduce the Environmental Impact of Building Materials. For more information, go to: http://www.gsa.gov/portal/content/101230.

III.C. Contractor Management and Personnel

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

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III.C.1. The Contractor shall employ sufficient management and contract administration resources, including personnel responsible for project management, field superintendence, change order administration, estimating, coordination, inspection, and quality control, to ensure the proper execution and timely completion of the Work. The Contractor shall designate a principal of the firm or other senior management official to provide executive oversight and problem resolution resources to the Project for the life of the Contract.

III.C.2. The Prime Contractor shall provide a full time superintendent while work under each task order is being performed and ensure that his superintendent and superintendence by his subcontractors is maintained on a full-time basis at the site until work required by each task order and the contract is completed including acceptable completion of all work necessary to correct deficiencies and omissions discovered during final inspection. No change in superintending personnel will be allowed without prior approval of the Contracting Officer.

During the execution of each task order, the designated superintendent shall respond appropriately within 24 hours of being contacted by the owner representative.

III.C.3. The Contractor shall employ, and require its subcontractors to employ, qualified personnel to perform the Work. The Government reserves the right to exclude, or remove from the site or building, any personnel for reasons of incompetence, carelessness, or insubordination, who violate rules and regulations concerning conduct on federal property, or whose continued employment on the site is otherwise deemed by the Government to be contrary to the public interest.

III.C.4. Repeated failure or excessive delay by the Contractor to provide qualified personnel shall be deemed a default for the purposes of the Termination for Default clause.

III.D. Extensions of Time

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

III.D.1. If the Contractor requests an extension of the time for Substantial Completion, the Contractor shall base its request on analysis of time impact using the Project Schedule as its baseline, and shall propose as a new Substantial Completion date to account for the impact.

The Contractor shall submit a written request to the Contracting Officer setting forth facts and analysis in sufficient detail to enable the Contracting Officer to evaluate the Contractor's entitlement to an extension of time.

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

III.D.3. The Contractor shall not be entitled to an extension of time if the Contractor has not effectively provided sufficient data to the Contracting Officer for evaluation in a timely manner.

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

III.E. Interpretation of Specifications and Drawings

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

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

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

III.F. Submittals

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

III.F.1. The Contractor shall prepare and submit to the Contracting Officer shop drawings, samples, calculations, product information, mockups, and other submittals (collectively, "submittals") demonstrating compliance with Contract requirements for all Work components as specified elsewhere in this Contract. If particular submittal requirements are not specified for a component of the Work, the Contractor shall prepare submittals for such Work as directed by the Contracting Officer.

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

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

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III.F.4 Project Schedule

(1) Unless otherwise specified in the individual task orders, the Contractor shall use a Critical Path Method ("CPM") Project Schedule to plan, coordinate, and perform the Work of each task.

The Project Schedule shall be produced using widely used, commercially available computer software that is capable of generating and monitoring a CPM schedule and is compatible with Meridian Proliance.® For example, compatible software includes Microsoft Project,® Primavera SureTrak,® and Primavera Project Planner.®

(2) The Project Schedule shall be a rational, reasonable and realistic plan for completing the Work, and conform to requirements specified in this clause and elsewhere in this Contract and any task order.

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

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

(5) Within fourteen (14) days of NTP, or such other time as may be specified herein, the Contractor shall submit its Project Schedule to the Contracting Officer, together with a written narrative describing the major work activities, activities on the critical path, and major constraints underlying the sequence and logic of the Project Schedule. The Contractor shall submit the Project Schedule in both electronic and hardcopy print format.

(6) The Contractor should anticipate that its initial submittal of the Project Schedule shall be subject to review and revision as contemplated by Paragraph (11) of this clause, and the Contractor shall devote sufficient resources for meetings, revisions, and resubmissions of the Project Schedule to address exceptions taken by the Contracting Officer to the initial submittal.

The Contractor understands and acknowledges that the purpose of the initial review and resolution of exceptions is to maximize the usefulness of the Project Schedule for the Parties during task order performance.

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

(8) The Project Schedule shall incorporate milestone events specified in the task order, including, as applicable, NTP, Substantial Completion, and milestones related to specified work phases and site restrictions. The Project Schedule shall also include Contractor-defined

April 03, 2019 Pages 19 of 72 milestones to identify target dates for critical events, based upon the Contractor's chosen sequence of work.

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

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

(11) If at any time the Contracting Officer finds that the Project Schedule does not comply with any task…