5PSSE-10-0157.pdf

5PSSE-10-0157 - RECOVERY – VFD and AHU Control Upgrades R. W. Kastenmeier Federal Courthouse Madison, WI 53705

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U.S. GENERAL SERVICES

ADMINISTRATION

Public Buildings Service Property Management Service Center Minnesota / Wisconsin Service Center

230 S. Dearborn St., Ste. 3800 Chicago, IL 60604

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CCOONNCCEERRNNSS UUNNDDEERR NNAAIICCSS 223388222200

PPRROOJJEECCTT:: RECOVERY- VFD and AHU Control Upgrades

Robert W. Kastenmeier Federal Courthouse 120 N. Henry Street Madison, WI

SSOOLLIICCIITTAATTIIOONN NNOO:: 5PSSE-10-0157 – VOLUME I

IISSSSUUEE DDAATTEE:: March 8, 2010

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U.S. General Services Administration Public Buildings Service Property Management Service Center Minnesota / Wisconsin Service Center 230 S. Dearborn St., Ste. 3800 Chicago, IL 60604

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ATTENTION OFFERORS: This notice has been prepared to point out some of the important sections or requirements of this solicitation or to provide you with additional information related to this proposed contract.

Please note that it is not inclusive - you are cautioned to carefully read the entire solicitation in order to be fully aware of all requirements, provisions, and clauses.

SSOOLLIICCIITTAATTIIOONN NNOO.. 55PPSSSSEE--1100--00115577

GENERAL SERVICES ADMINISTRATION’S MISSION

To provide quality services required by our clients in a timely manner and to ensure the best value to the Federal Government and the public thereby enhancing our clients’ ability to accomplish their mission.

AMERICAN RECEOVERY AND REINVESTMENT ACT OF 2009 (ARRA)

This procurement is funded by the ARRA. Please refer to GSA Form 3506, Construction Clauses for additional contract requirements related to the ARRA.

AFFIRMATIVE PROCUREMENT PROGRAM (APP)

GSA has implemented an Affirmative Procurement Program intended to maximize the use of recovered materials, environmentally preferable, and bio-based products. Offerors should familiarize themselves with the requirements for using and reporting on the use of such materials in performance under any resultant contract.

FAR 23.7 requires consideration of environmental factors when purchasing products and services. FAR

4.303 and FAR 52.204-4 require double sided printing on recycled paper for all reports required by this contract. FAR 52.223-10 encourages vendors to practice waste reduction.

SAFEGUARDING DOCUMENTS

Associated plans, drawings, or specifications provided under this solicitation are intended for use by prospective bidders/offerors (and their subcontractors and suppliers). In support of this requirement, GSA requires bidders/offerors to exercise reasonable care when handling documents relating to building drawings/plans, security equipment, security equipment installations, and contract guard service, to include:

1) Limiting reproduction and/or dissemination of covered materials only to persons/parties related to this acquisition or otherwise authorized to receive such information;

2) Making every possible effort that is reasonable and prudent to prevent unauthorized disclosure of this information;

3) Upon award and completion of any appeals process, unsuccessful bidders/offerors making every reasonable and prudent effort to destroy or render useless all information/documentation received during the solicitation and/or appeals process; and

4) The awardee continuing the efforts required above throughout the entire term of contract and for what specific time thereafter as may be necessary, as determined by the awardee.

PERFORMANCE BASED SPECIFICATIONS

Note that the service specifications included in this solicitation are performance-based specifications.

These specifications express the Government’s requirements in the form of minimum quality standards.

Madison, WI 53705

Work schedule, frequencies, resources utilized, and methods of performance are to be determined by offerors.

A-76 REQUIREMENT

Note paragraph entitled FAR 52.207-3, Right of First Refusal of Employment in Section I.

GSAR 552.219-72 PREPARATION, SUBMISSION, AND NEGOTIATION OF SUBCONTRACTING

PLANS (JUNE 2005)

(a) An offeror, other than a small business concern, submitting an offer that exceeds $500,000 ($1,000,000 for construction) shall submit a subcontracting plan with its initial offer. The subcontracting plan will be negotiated concurrently with price and any required technical and management proposals, unless the offeror submits a previously-approved commercial plan.

(b) Maximum practicable utilization of small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors is a matter of national interest with both social and economic benefits. The General Services Administration (GSA) expects that an offeror’s subcontracting plan will reflect a commitment to assuring that small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns are provided the maximum practicable opportunity, consistent with efficient contract performance, to participate as subcontractors in the performance of the resulting contract. An offeror submitting a commercial plan can reflect this commitment through subcontracting opportunities it provides that relate to the offeror’s production generally; i.e., for both its commercial and Government business.

(c) GSA believes that this potential contract provides significant opportunities for the use of small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors. Consequently, in addressing the eleven elements described at FAR 52.219-9(d) of the clause in this contract entitled Small Business Subcontracting Plan, the offeror shall:

(1) Demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns in performing the contract.

(2) Include a description of the offeror’s subcontracting strategies used in any previous contracts, significant achievements, and how this plan will build upon those earlier achievements.

(3) Demonstrate through its plan that it understands the small business subcontracting program’s objectives and GSA’s expectations, and it is committed to taking those actions necessary to meet these goals or objectives.

(d) In determining the acceptability of any subcontracting plan, the Contracting Officer will take each of the following actions:

(1) Review the plan to verify that the offeror demonstrates an understanding of the small business subcontracting program’s objectives and GSA’s expectations with respect to the program and has included all the information, goals, and assurances required by FAR 52.219-9.

(2) Consider previous goals and achievements of contractors in the same industry.

(3) Consider information and potential sources obtained from agencies administering national and local preference programs and other advocacy groups in evaluating whether the goals stated in the plan adequately reflect the anticipated potential for subcontracting to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns.

(4) Review the offeror’s description of its strategies, historical performance and significant achievements in placing subcontracts for the same or similar products or services with small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns. The offeror’s description can apply to commercial as well as previous Government contracts.

(e) Failure to submit an acceptable subcontracting plan and/or correct deficiencies in a plan within the time specified by the Contracting Officer shall make the offeror ineligible for award.

Madison, WI 53705

NAICS CODE

For your information, the North American Industry Classification System (NAICS) code for this procurement is 238220. The Small Business Size Standard is $14 Million

NOTICE CONCERNING COMPLETION OF SOLICITATIONS

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

Offerors shall submit with their offer the following documents:

? Standard Form 1442 – Solicitation Offer and Award (Construction, Alteration or Repair) ? GSA Form 527 – Contractor’s Qualification and Financial Information ? Standard Form 24 – Bid Guarantee

BOND REQUIREMENTS

BID GUARANTEE AND BOND ARE REQUIRED [X]

If a bid guarantee is required to be submitted with your offer, any contract awarded will require a performance bond as specified in this solicitation. Offerors who utilize individual sureties should note (1) the requirement for a certified, audited, financial statement for each person acting as an individual surety (see Section L, clause entitled FAR 52.228-1 Bid Guarantee) and (2) the requirements of the clause entitled FAR 52.228-11 Pledge of Assets in Section I.

If bonds are required, also note the requirements of the various bid guarantee and bond clauses in Section I. For example, a new performance bond is required if a contract option for an additional performance period is exercised.

SITE VISIT

Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

CONTRACTOR DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER.

Enter your DUNS number in Block 14 on the GSA Form 1442 next to the contractor’s name and address.

If you do not know or do not have a DUNS number please contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to you. For information on obtaining a DUNS number, you should call Dun and Bradstreet at 1-800-333-0505. Be prepared to provide the following information: (1) Company name, (2) Company address, (3) Company telephone number, (4) Line of business, (5) Chief executive officer/key manager, (6) Date the company was started,

(7) Number of people employed by the company, (8) Company affiliation.

FREEDOM OF INFORMATION ACT (FOIA) REQUESTS

It is not necessary to reference the FOIA when requesting procurement history, such as the name of the current contractor, contract amount, contract copies, or abstracts of bids. For this information, you may contact the Contract Specialist shown in Block 10 on the first page of the solicitation.

USE OF FEDERAL EXPRESS AND OTHER EXPRESS PACKAGE CARRIERS

Because of increased security standards and building renovations, “next-day” express package carriers may experience delays in making deliveries within the Chicago Loop Federal Center. Offerors should take this fact into consideration when determining when to submit their offers.

Madison, WI 53705

SOLICITATION COPIES

Note that Block 13 on the first page of the solicitation specifies the number of copies of the offer that must be returned by offerors.

SPECIAL NOTICE

N/A

PROMPT PAYMENT DISCOUNT

Block 13 on the first page of the solicitation and possibly the solicitation pricing page(s), is to be used to offer prompt payment discounts. Payment terms are set forth in the Prompt Payment clause in this solicitation. Offerors are cautioned against inserting any statement that indicates that payment is due sooner that the time stipulated in the Prompt Payment clause. EXAMPLE: Inserting "Net 20" may cause the offer to be rejected as unacceptable, because the entry would be contrary to the 30-day payment terms specified in the Prompt Payment clause.

PRE-BID/PRE-PROPOSAL CONFERENCE

A pre-bid/pre-proposal meeting or walk through is currently not scheduled. Interested Parties should notify Richard Oswald, Property Manager, at (608) 441-5452 to arrange a site visit if desired. All site visits are requested to be scheduled no less than 48 hours in advance.

NOTICE TO PROCEED (NTP)

Notice to Proceed (NTP) will NOT be issued until the COR has officially notified the CO that approved clearances for proposed employees have been received and approved by the Department of Homeland security, Bureau of Immigration and Customs Enforcement, Federal Protective Service (DHS, BICE, FPS).

SHALL vs MUST Throughout this solicitation, the terms “shall” and “must “ are used. “Shall” and “must” denote the imperative. They indicate an obligation to act. In this solicitation, and any resulting contract, “shall” and “must” have the same meaning.

CENTRAL CONTRACTOR REGISTRATION (CCR)

In accordance with FAR Parts 1, 2, 4, 13, 32, and 52 and effective October 1, 2003 contractors must be registered in the Central Contractor Registration (CCR) database prior to award of any contract, basic agreement, basic ordering agreement, or blanket purchase agreement. No award will be made to any contractor not registered in CCR. This is one of the steps the Federal Government is taking to streamline the acquisition process. In an effort to broaden use and reliance upon e-business applications, the CCR was established to eliminate the need to maintain paper-based sources of contractor information.

The Central Contractor Registration (CCR) System is a centrally located, searchable database, accessible via the Internet to develop, maintain, and provide sources for future procurements. The CCR data is the most up to date and complete data available. As a single validated source of data on contractors doing business with the Government, the CCR database enables prospective contractors to update their information in one place via a website (http://www.ccr.gov). The information is then available via the Internet. Following agency procedures, Contracting Officers will now be able to access contractor data and industry information less expensively, and more efficiently identify sources for contracting opportunities. The CCR will not create a total electronic commerce environment, but will help provide a basic framework or foundation that will allow migration to a total electronic commerce environment.

Registration with CCR is valuable to you as a prospective contractor since it will be used for market research by thousands of government buyers and program personnel searching for potential providers of specific goods and services. You will be required to complete a one-time business registration, with annual updates. As a part of the registration process you will need to provide your DUNS identification number. If you do not have a DUNS number you may contact Dun and Bradstreet, Inc. at (800) 333- 0505. You may register in the CCR via the World Wide Web at http://www.ccr.gov. There is a CCR

Madison, WI 53705 handbook available at this site to assist you with your registration. Additionally, if further assistance is needed during the registration process, you may contact the CCR Assistance Center toll free at 888-227- 2423.

[THIS NOTICE SHOULD BE REMOVED BEFORE OFFER IS SUBMITTED TO GSA]

TABLE OF CONTENTS

VOLUME I-CONTRACT CLAUSES

STANDARD AND GSA FORMS AND WAGE RATES

Notice Notice Concerning Solicitation

GSA FORM 3508 for ARRA SAP Construction Contract Clauses

General Wage Determination WI20070005 Applicable Wage Determinations

Section 00800 Supplementary Conditions

VOLUME II – TECHNICAL SPECIFICATIONS

GENERAL REQUIREMENTS SUBGROUP

DIVISION 01 - GENERAL REQUIREMENTS

Section Title

PROCUREMENT AND CONTRACTION REQUIREMENTS GROUP

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

INTRODUCTORY INFORMATION

00 01 10 Table of Contents

SPECIFICATIONS GROUP

GENERAL REQUIREMENTS SUBGROUP

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00 Summary 01 14 00 Work Restrictions 01 26 00 Options 01 31 00 Project Management and Coordination 01 32 00 Construction Progress Documentation 01 33 00 Submittal Procedures 01 35 26 Safety and Health 01 42 00 References 01 45 00 Quality Control 01 50 00 Temporary Facilities and Controls 01 59 30 Security Requirements 01 60 00 Product Requirements 01 70 00 Execution Requirements 01 74 00 Cleaning 01 77 00 Closeout Procedures 01 78 23 Operation and Maintenance Documentation 01 78 43 Spare Parts and Maintenance Materials 01 79 00 Demonstration and Training

FACILITY CONSTRUCTION SUBGROUP

DIVISION 02 TO 19 – NOT USED

FACILITY SERVICES SUBGROUP

DIVISION 20 – Mechanical

20 0000 General Electrical Requirements 20 0513 Motors 20 0514 Variable Frequency Drive (VFD) System 20 0529 Mechanical Supporting Devices 20 0553 Mechanical Systems Identification 20 0700 Lighting Fixtures

DIVISION 23 – Heating, Ventilating and Air Conditioning 23 0000 General HVAC Requirements 23 0594 Water Systems Test Adjust Balance 23 0595 Air System Test Adjust Balance 23 0901 Control System Integration 23 0902 Control Valves and Dampers 23 0993 Control Sequences 23 2116 Pipe and Pipe Fittings 23 2118 Valves 23 2120 Piping Specialties

DIVISION 26 – Electrical 26 0000 General Electrical Requirements 26 0519 Conductors 26 0529 Hangers and Supports for Electrical Systems 26 0533 Raceways and Fittings

DRAWINGS

VOLUME III – PROPOSAL FORMS

Standard Form 1442 Solicitation, Offer, and Award

Section 00120 Supplementary Instructions to Bidders

GSA Form 3502 Solicitation Provisions (Negotiated)

FAR 52.204-8 Annual Representations and Certifications

GSA Form 527 Contractor’s Qualifications & Financial Information

Standard Form 24 Bid Bond

GSA Form 1903 Notice to Bidders

Last Modified Jan, 2010

CONSTRUCTION CONTRACT CLAUSES

SIMPLIFIED ACQUISITION PROCEDURES for

AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009

CATEGORY CLAUSE REFERENCE TITLE

GENERAL

1.1 FAR 52.202-1 Definitions

1.2 FAR 52.204-7 Central Contractor Registration (CCR)

1.3 FAR 52.233-3 Protest After Award

1.4 FAR 52.236-7 Permits and Responsibilities

1.5 FAR 52.236-8 Other Contracts

1.6 FAR 52.253-1 Computer Generated Forms

1.7 GSAR 552.211-

Reference to Specifications in Drawings

1.8 GSAR 552.236-

Definitions

1.9 GSAR 552.236-

Authorities and Limitations

1.10 GSAR 552.236-

Specialist

1.11 GSAR 552.236-

Subcontracts

1.12 GSAR 552.252-6 Authorized Deviations in Clauses (Deviations FAR 52.252-6)

1.13 GSAR 552.203-

Restriction on Advertising

STANDARDS OF CONDUCT

2.1 FAR 52.203-3 Gratuities

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

Activity

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

Transactions

BONDS AND INSURANCE

3.1 FAR 52.228-1 Bid Guarantee

3.2 FAR 52.228-2 Additional Bond Security

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

3.4 FAR 52.228-11 Pledge of Assets

3.5 FAR 52.228-13 Alternative Payment Protections

3.6 FAR 52.228-14 Irrevocable Letter of Credit

3.7 FAR 52.228-15 Performance and Payment Bonds—Construction

SITE CONDITIONS

4.1 FAR 52.236-2 Differing Site Conditions

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

4.3 GSAR 552.236-

Measurements

SPECIFICATIONS AND DRAWING

5.1 FAR 52.236-21 Specifications and Drawings for Construction

Madison, WI 53705

CATEGORY CLAUSE REFERENCE TITLE

5.2 GSAR 552.236-

Specifications and Drawings

5.3 GSAR 552.236-

Shop Drawings, Coordination Drawings, and Schedules

PERFORMANCE

6.1 FAR 52.236-15 Schedules for Construction Contracts

6.2 FAR 52.236-1 Performance of Work by Contractor

6.3 FAR 52.236-5 Material and Workmanship

6.4 FAR 52.236-6 Superintendence by the Contractor

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

6.6 FAR 52.236-10 Operations and Storage Areas

6.7 FAR 52.236-12 Cleaning Up

6.8 FAR 52.236-13 Accident Prevention

6.9 FAR 52.236-14 Availability and Use of Utility Services

6.10 FAR 52.236-17 Layout of Work

6.11 FAR 52.236-26 Preconstruction Conference

6.12 GSAR 552.236-

Working Hours

6.13 GSAR 552.236-

Use of Premises

6.14 GSAR 552.236-

Samples

6.15 GSAR 552.236-

Heat

USE AND POSSESSION

7.1 FAR 52.236-11 Use and Possession Prior to Completion

7.2 GSAR 552.236-

Use of Equipment by the Government

INSPECTION

8.1 FAR 52.246-12 Inspection of Construction

8.2 GSAR 552.246-

Final Inspection and Tests

WARRANTY AND GUARANTEES

9.1 FAR 52.246-21 Warranty of Construction

9.2 GSAR 552.246-

Guarantees

BUY AMERICAN AND TRADE AGREEMENTS

10.1 FAR 52.225-9 Buy American Act—Construction Materials

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

EMPLOYMENT PRACTICES AND LABOR STANDARDS

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

11.2 FAR 52.222-3 Convict Labor

11.3 FAR 52.222-6 Davis-Bacon Act

11.4 FAR 52.222-7 Withholding of Funds

11.5 FAR 52.222-8 Payrolls and Basic Records

11.6 FAR 52.222-9 Apprentices and Trainees

Madison, WI 53705

CATEGORY CLAUSE REFERENCE TITLE

11.7 FAR 52.222-10 Compliance with Copeland Act Requirements

11.8 FAR 52.222-11 Subcontracts (Labor Standards)

11.9 FAR 52.222-12 Contract Termination—Debarment

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

Regulations

11.11 FAR 52.222-14 Disputes Concerning Labor Standards

11.12 FAR 52.222-15 Certification of Eligibility

11.13 FAR 52.222-21 Prohibition of Segregated Facilities

11.14 FAR 52.222-26 Equal Opportunity

11.15 FAR 52.222-27 Affirmative Action Compliance Requirements for

Construction

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

11.17 FAR 52.222-36 Affirmative Action for Workers with Disabilities

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

SUBCONTRACTING

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

Subcontracting

12.2 FAR 52.219-8 Utilization of Small Business Concerns

PAYMENT

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

13.2 FAR 52.232-23 Assignment of Claims

13.3 FAR 52.232-27 Prompt Payment for Construction

13.4 FAR 52.232-33 Payment by Electronic Funds Transfer—Central

Contractor Registration (CCR)

13.5 GSAR 552.232-

Invoice Requirements

13.6 GSAR 552.232-

Payment Information

STOP WORK AND TERMINATION

14.1 FAR 52.249-1 Termination for Convenience of the Government

(Fixed Price) (Short Form)

14.2 FAR 52.249-10 Default (Fixed Price Construction)

14.3 FAR 52.249-14 Excusable Delays

DISPUTES

15.1 FAR 52.233-1 Disputes (Alt I)

OTHER

16.1 FAR 52.223-2 Affirmative Procurement of Biobased Products Under

Service and Construction Contracts

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

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

16.4 FAR 52.225-13 Restrictions on Certain Foreign Purchases

16.5 FAR 52.242-14 Suspension of Work

16.6 FAR 52.243-5 Changes and Changed Conditions

16.7 FAR 52.219-28 Post Award Small Business Representation

16.8 FAR 52.204-9 Personal Identity Verification of Contractor Personnel

Madison, WI 53705

CATEGORY CLAUSE REFERENCE TITLE

16.9 FAR 52.213-4 Terms and Conditions

16.10 GSAR 552.229-

Federal, State, and Local Taxes

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

AMERICAN RECOVERY AND REINVESTMENT ACT

17.1 FAR 52.225-21 Required use of American iron, steel, and other manufactured goods-buy American act-construction materials

17.2 FAR 52.225-23

N/A to this procurement

Required use of American iron, steel, and other manufactured goods-buy American act-construction materials under trade agreements

17.3 FAR 52.203-15 Whistleblower protections under the American recovery and reinvestment act of 2009

17.4 FAR 52.204-11 American recovery and reinvestment act of 2009— reporting requirements

DOCUMENT SECURITY FOR SENSITIVE BUT UNCLASSIFIED BUILDING INFORMATION

GENERAL

1.1. FAR 52.202-1 DEFINITIONS (JUL 2004)

(a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal

Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless—

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

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

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

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

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

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

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

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

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

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

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

(b)

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

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

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

(1) An offeror may obtain a DUNS number—

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

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

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

(i) Company legal business.

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

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

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

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

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

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

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

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

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

(g)

(1)

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

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims

(see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

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

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

(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely

(see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for

Convenience of the Government, clause of this contract.

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

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

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

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

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

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

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

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

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

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

1.5 FAR 52.236-8 OTHER CONTRACTS (APR 1984)

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

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

(a) Any data required to be submitted on a Standard or Optional Form prescribed by the Federal

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

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

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

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

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

1.8 GSAR 552.236-70 DEFINITIONS (APR 1984)

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

1.9 GSAR 552.236-72 SPECIALIST (APR 1984)

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

1.10 GSAR 552.236-82 SUBCONTRACTS (APR 1984)

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

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

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

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

(a) Deviations to FAR clauses.

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

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

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

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

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

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

The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the White House, the Executive Office of the President, or any other element of the Federal Government, or is considered by these entities to be superior to other products or services. Any advertisement by the Contractor, including price-off coupons, that refers to a military resale activity shall contain the following statement: “This advertisement is neither paid for nor sponsored, in whole or in part, by any element of the United States Government.”

STANDARDS OF CONDUCT

2.1. FAR 52.203-3 GRATUITIES (APR 1984)

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

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

Government; and

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

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

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

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

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

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

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

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

1997)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.3. FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSAC

TIONS (AUG 2007)

(a) Definitions.

“Agency,” as used in this clause, means executive agency as defined in 2.101.

“Covered Federal action,” as used in this clause, means any of the following Federal actions:

(1) The awarding of any Federal contract.

(2) The making of any Federal grant.

(3) The making of any Federal loan.

(4) The entering into of any cooperative agreement.

(5) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

“Indian tribe” and “tribal organization,” as used in this clause, have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B) and include Alaskan Natives.

“Influencing or attempting to influence,” as used in this clause, means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

“Local government,” as used in this clause, means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

“Officer or employee of an agency,” as used in this clause, includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States

Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal

Advisory Committee Act, Title 5, United States Code, appendix 2.

“Person,” as used in this clause, means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

“Reasonable compensation,” as used in this clause, means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

“Reasonable payment,” as used in this clause, means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

“Recipient,” as used in this clause, includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

“Regularly employed,” as used in this clause, means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

“State,” as used in this clause, means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibitions.

(1) Section 1352…