Revised R8 MACC IDIQ Agreement.docx

Sol. Reference No. 47PJ0020R0064 GSA Contract No:

Multi-Award Indefinite-Delivery, Indefinite-Quantity Construction Contract for Projects in Region 8 (Colorado, Utah, Wyoming, North Dakota, South Dakota, and Montana).

The Agreement Notice to Offerors of Total Small Business Set-Aside

The General Services Administration (GSA) is setting aside the contract under the following clause found in the Agreement:

FAR 52.219-6, Notice of Total Small Business Set Aside

Table of Contents I. Project Information A. Project Summary B. The Contract C. Statement of Work, Specifications, Drawings 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 Representatives K. Buy American Exceptions

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

III. Terms and Conditions A. Commencement, Prosecutions and Completion of Work B. Contractor Responsibilities C. Contractor Management and Personnel D. Extension of Time E. Interpretation of Specifications and Drawings F. Submittals G. Substantial Completion and Contract Completion H. Use and Possession 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. Options and Allowances T. Additional Terms and Conditions

i. GSAR 552.236-74, Evaluation of Options

ii. GSAR 552.236-75, Evaluation Exclusive of Options

iii. GSAR552.236-76, Basis of Award – Sealed Bidding Construction

iv. GSAR 552.236-77, Government’s Right to Exercise Options IV. Contract Clauses A. Clauses Incorporated in Full Text

1. FAR 52.222-99 Establishing a Minimum Wage for Contractor (JUL 2014) (DEVIATION)

2. FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

3. FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 08)

4. GSAR 552.204-9 Personal Identity Verification Requirements (OCT 2012)

5. GSAR 552.211-10 Commencement, Prosecution and Completion of Work (Mar 2019)

6. GSAR 552.211-12 Liquidated Damages-Construction (Mar 2019)

7. GSAR 552.211-13 Time Extensions (Mar 2019)

8. GSAR 552.211-70 Substantial Completion (Mar 2019)

9. GSAR 552.232-5 Payments Under Fixed-Price Construction Contracts (Mar 2019)

10. GSAR 552.236-6 Superintendence by the Contractor (Mar 2019)

11. GSAR 552.236-11 Use and Possession Prior to Completion (Mar 2019)

12. GSAR 552.236-15 Schedules for Construction Contracts (Mar 2019)

13. GSAR 552.236-21 Specifications and Drawings for Construction (Mar 2019)

14. GSAR 552.236-71 Contractor Responsibilities (Mar 2019)

15. GSAR 552.236-72 Submittals (Mar 2019)

16. GSAR 552.252-6 Authorized Deviations in Clauses (Deviation FAR 52.252-6) (Sep 99)

17. FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

18. GSAR 552.204-70, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (DEVIATION I) (AUG 2019)

19. Buy American Requirements

20. Additional Clauses

i. GSAR 552.236-70 Authorities and Limitations (Mar 2019)

ii. GSAR 552.236-73 Subcontracts (Mar 2019)

iii. GSAR 552.243-71 Equitable Adjustments (Mar 2019)

21. Special 8(a) Requirements

22. FAR 52.222-62, Paid Sick Leave under Executive Order 13706 (Jan 2017) B. 23. FAR 52.223-21, FOAMS (Jun 2016)Clauses Incorporated by Reference C. Subcontract Requirements

I. Project Information I.A. Project Summary This is an Indefinite Delivery/Indefinite Quantity Multi Award Construction Contract for one (1) multi - award. One award will be made for the entire Region 8 (which includes):

(1) Colorado

(2) Utah

(3) Wyoming

(4) Montana

(5) North Dakota

(6) South Dakota

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 of the contract (total of the base and all optional periods) is $250,000,000.

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 The Contract consists of the SF1442, 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.

I.C. Statement of Work, Specifications, Drawings The following documents are incorporated by reference into this Contract.

1. The Agreement

2. SF 1442 and Supplement to SF 1442

3. Wage Determinations – Attachment “A” to the Agreement 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.E. Contract Values The maximum value of each contract awarded as a result of this solicitation is $5,000,000. 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 values, the event shall not constitute the basis for an equitable price adjustment under any resultant Contract.

I.F. Geographic Area

The geographic area will be as follows (one (1) Multi Award IDIQ Construction Contract):

(1) Colorado

(2) Utah

(3) Wyoming

(4) Montana

(5) North Dakota

(6) South Dakota

I.G. Task Orders

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

(a) Date of order;

Sol. Reference No. 47PJ0020R0064 GSA Contract No:

(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.

I.G.1. Task Order Performance Period

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:

The Liquidated Damages will not be addressed in the solicitation. This section of the solicitation will be omitted. Liquidated Damages will be addressed at the task order level only.

I.G.3. Additional Task Order Terms and Conditions

I.G.1.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.

GSA, PBS, R8 awarded and administered the base MACC. The MACC contracting officer automatically delegates rights to order to any GSA, PBS contracting officer with a warrant that would cover the amount of the task.

In addition, the MACC contracting officer may delegate ordering authority to other Government Ordering Officials. Ordering Officials seeking authority to place an order against the MACC must submit their request to the MACC contracting officer. This request should include a copy of the ordering authority made available to an individual by the agency that has granted it (most often seen as an 1102 contracting officer’s warrant), the estimated dollar value of the order and anticipated performance dates. Orders may not be placed until a delegation letter is received from Len Wilson.

The ordering officials will be responsible for placing the orders in the applicable contract writing system. When publishing to FPDS-NG, the ordering official is responsible to identify the base contract award for proper reporting to congress. Additionally, the ordering official is responsible for accomplishing necessary administration, final close out, and the settlement of any claims or disputes which arise from the order subject to the regulations and limitations set forth in the FAR, GSAM, and provisions of the subject contract.

I.G.1.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.1.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.1.d. The Davis-Bacon wage rates are issued annually, with the base and each/any option, and will apply to each Task Order issued within that respective one-year period. Refer to FAR 52.222-30. No adjustment will be allowed to the proposed bid factors for each period (base and each/any option).

I.G.1.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 the 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.

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.

I.H. Payment and Performance Bonds

I.H.1. Performance and Payment Bonds are required in accordance with FAR 52.228-15 at a task order level.

I.H.2. Offerors are instructed to provide, in a percentage, what the rate of bonding will be. The percentage will be applied to any task orders that meet bonding requirements.

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. Working Conditions

Knowledge of Conditions Affecting Price. Clauses FAR 52.236-27, Site Visit - Construction, FAR 52.236-3, Site Investigations and Conditions Affecting the Work, and 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 bid factor 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 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:

Authorized Representative Information:

Contracting Officer’s Information

Name: Len Wilson

Address: One Denver Federal Center Building 41, Rm. 240 PO Box 25546

Telephone: 303.594.9195

Email: len.wilson@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

Bid Factors 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) Contract Prices. All Contract prices set forth in this Section include all costs necessary to complete the work for which the price is established (e.g., Base Contract, Unit Price, Options) in accordance with the Contract 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 prices 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.

(3) Unit Prices and Allowances. If any portion of the Work is to be performed on a unit price basis, the Unit Price shall include all costs of coordinating and incorporating the unit-priced portion of the Work into the Base Contract 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, the Option Price shall include all costs of coordinating and incorporating the Option-priced portion of the Work into the Base Contract Work. An adjustment to the Contract price for such additional work shall be computed solely on the basis of the Option price or prices set forth herein. Unless otherwise specified, all options may be exercised within 90 days of Contract award.

(5) Bid Rates. If this Contract includes Bid Rates to be used in determination of equitable adjustments (e.g., overhead, profit, daily rates for time-related costs), such rates shall be deemed to include all costs recoverable as components of an equitable adjustment consistent with the requirements, definitions, and exclusions applicable to equitable adjustments set forth in this Contract, 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

III.A. Commencement, Prosecution, and Completion of Work FAR 52.211-10, Commencement, Prosecution, and Completion of Work and GSAR 552.211-10, Commencement, Prosecution and Completion of Work is supplemented as follows:

The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of the Work, as defined in GSAR 552.211-70 Substantial Completion (Mar 2019) and 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 GSAR 552.236-71, Contractor Responsibilities is located in Section IV.A. of this Agreement and is supplemented as follows:

(1) The Contractor shall secure and pay for all necessary permits and governmental fees, licenses, and inspections that are customarily secured after award of the Contract and that are legally required at the time of award. The Contractor shall provide a copy of the permits required for execution of the work to the Contracting Officer prior to commencement of any related work.

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.

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. DELETED

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.C. Contractor Management and Personnel

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

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.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. Insurance Requirements

(1) The Contractor shall obtain and maintain for the entire life of the Contract, in addition to any insurance required by law, the following minimum kinds and amounts of insurance required pursuant to FAR clause 52.228-5, Insurance – Work on a Government Installation, and GSAR 552.228-5, Government as Additional Insured.

(a) Workers' compensation insurance in the amount required by the jurisdiction in which the Contract is performed. The Contractor shall obtain Employers' liability coverage of at least $2,000,000. If occupational diseases are not covered by workers' compensation insurance, Employers' liability coverage shall include occupational diseases.

(b) Broad form comprehensive commercial general liability insurance in the amount of at least $5,000,000 per occurrence. Such insurance shall include, but not be limited to, contractual liability, bodily injury and property damage.

(c) Comprehensive automobile liability covering the operation of all automobiles used in connection with performing the Contract in the amount of at least $1,000,000 per person and $2,500,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage.

(2) The Contractor shall promptly provide to the Contracting Officer proof that it has obtained insurance required by the Contract in the form of certificates of insurance. The Contractor shall submit to the Contracting Officer all renewal certificates issued during the life of this Contract immediately upon issuance.

III.G. Order of Precedence Different requirements within this Contract shall be deemed inconsistent only if compliance with both cannot be achieved. In case of inconsistency between Contract Documents, the following order of precedence shall apply:

(1) Section IV of the Agreement

(2) Sections I, II, and III of the Agreement

(3) The Statement of Work

(4) The Specifications

(5) The Drawings

(6) Exhibits and Other Attachments

III.H. Administrative Matters

(1) Project Meetings. The Contractor shall attend a preconstruction conference and shall participate in regularly scheduled Project meetings.

(2) Payments. FAR clause 52.232-5, Payments under Fixed-Price Construction Contracts, is supplemented by GSAR 552.232-5 Payments under Fixed-Price Construction Contracts located in Section IV.A. of this Agreement. In accordance with the relevant FAR and GSAR clauses, GSA requires the following data be included with each invoice:

(a) Invoices shall be submitted in an original and two (2) copies to the designated billing office specified in this Contract or in individual delivery/work orders.

(b) Invoices must include the Account Document Number (ADN) assigned at award.

(c) The Contractor shall submit the following information or documentation with each invoice:

(i) GSA Form 184A and/or 184B - Construction Progress Report (Construction Phases Only), including the updated Schedule of Values upon which the payment request is based;

(ii) GSA Form 2419 - Certification of Progress Payments Under Fixed-Price Construction Contract;

(iii) The payment terms that apply for the particular services rendered

(iv) Updated project schedule that complies with Contract Documents

(v) Additional documentation:

N/A

(3) Prompt Payment. In accordance with FAR clause 52.232-27, the period for payments is as follows:

(a) Progress Payments: 14 days

(b) Subsequent Subcontractor Payments: 7 days

(4) Payment Information. The General Services Administration (GSA) makes information on contract payments available electronically at Office of the Chief Financial Officer. The Contractor may register at the site and review its record of payments. This site provides information only on payments made by GSA, not by other agencies.

(5) Security Clearances. Contractor shall comply with the following requirements pertaining to security clearances.

(a) All personnel performing work under the Contract on the Project site must obtain an Enter on Duty (EOD) determination before they will be granted access to the site.

(b) To obtain an EOD determination, Contractor shall submit for all such personnel fingerprints on Form SF87 and a completed Contractor Information Worksheet (CIW). Detailed information is available at GSA Access Card . USAccess Credentialing Centers can be located at US Access Centers .

(c) In addition, all such personnel who will be on site 6 months or longer must apply for and receive clearance in accordance with Homeland Security Presidential Directive 12 (HSPD-12). See Section IV, Contract Clauses, GSAR 552.204-9.

(6) Safeguarding and Dissemination of Sensitive But Unclassified (SBU) Building Information. This clause applies to all recipients of SBU building information, including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers and manufacturers.

(a) Marking SBU. Contractor-generated documents that contain building information must be reviewed by GSA to identify any SBU content, before the original or any copies are disseminated to any other parties. If SBU content is identified, the Contracting Officer (CO) may direct the contractor, as specified elsewhere in this contract, to imprint or affix SBU document markings to the original documents and all copies, before any dissemination.

(b) Authorized recipients.

(i) Building information designated SBU must be protected with access strictly controlled and limited to those individuals having a legitimate business need to know such information. Those with a need to know may include Federal, State and local government entities, and nongovernment entities engaged in the conduct of business on behalf of or with GSA. Nongovernment entities may include architects, engineers, consultants, contractors, subcontractors, suppliers, utilities, and others submitting an offer or bid to GSA, or performing work under a GSA contract or subcontract. Recipient contractors must be registered as “active” in the System for Award Management (SAM) database at www.sam.gov and have a legitimate business need to know such information. If a subcontractor is not registered in the SAM and has a need to possess SBU building information, the subcontractor shall provide to the contractor its DUNS number or its tax ID number and a copy of its business license. The contractor shall keep this information related to the subcontractor for the duration of the contract and subcontract.

(ii) All GSA personnel and Contractors must be provided SBU building information when needed for the performance of official Federal, State, and local government functions, such as for code compliance reviews and for the issuance of building permits. Public safety entities such as fire and utility departments may require access to SBU building information on a need to know basis. This clause must not prevent or encumber the dissemination of SBU building information to public safety entities.

c. Dissemination of SBU building information:

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

(ii) By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include, but are not limited to CDs, DVDs, and USB drives. Nonelectronic forms of SBU building information include paper documents, among other formats.

1) By mail. Contractors must utilize only methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt.

2) In person. Contractors must provide SBU building information only to authorized recipients with a need to know such information. Further information on authorized recipients is found in Section 2 of this clause.

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

e. Safeguarding SBU documents. SBU building information (both electronic and paper formats) must be protected, with access strictly controlled and limited to those individuals having a legitimate business need to know such information. GSA contractors and subcontractors must not take SBU building information outside of GSA or their own facilities or network, except as necessary for the performance of that contract. Access to the information must be limited to those with a legitimate business need to know.

f. Destroying SBU building information. When no longer needed, SBU building information must be destroyed so that marked information is rendered unreadable and incapable of being restored, in accordance with guidelines provided for media sanitization within GSA CIO IT Security 06-32, Media Sanitization Guide and Appendix A of NIST Special Publication 800-88, Guidelines for Media Sanitization. Alternatively, SBU building information may be returned to the CO.

g. Notice of disposal. The contractor must notify the CO that all SBU building information has been returned or destroyed by the contractor and its subcontractors or suppliers in accordance with paragraphs 4 and 6 of this clause, with the exception of the contractor's record copy. This notice must be submitted to the CO at the completion of the contract to receive final payment. For leases, this notice must be submitted to the CO at the completion of the lease term. The contractor may return the SBU documents to the CO rather than destroying them.

h. Incidents. All improper disclosures of SBU building information must be immediately reported to the CO at <insert address and contact information> . If the contract provides for progress payments, the CO may withhold approval of progress payments until the contractor provides a corrective action plan explaining how the contractor will prevent future improper disclosures of SBU building information. Progress payments may also be withheld for failure to comply with any provision in this clause until the contractor provides a corrective action plan explaining how the contractor will rectify any noncompliance and comply with the clause in the future.

i. Subcontracts. The contractor and subcontractors must insert the substance of this clause in all subcontracts.

III.I. Non-Compliance with Contract Requirements In the event the Contractor, after receiving written notice from the Contracting Officer of non-compliance with any requirement of this Contract, fails to initiate promptly such action as may be appropriate to comply with the specified requirement within a reasonable period of time, the Contracting Officer shall have the right to order the Contractor to stop any or all work under the Contract until the Contractor has complied or has initiated such action as may be appropriate to comply within a reasonable period of time. The Contractor will not be entitled to any extension of Contract time or payment for any costs incurred as a result of being ordered to stop work for such cause.

III.J. Safeguarding Sensitive Data and Information Technology Resources In accordance with FAR 39.105, this section is included in the contract. This section applies to all users of sensitive data and information technology (IT) resources, including awardees, contractors, subcontractors, lessors, suppliers and manufacturers. The following GSA policies must be followed. These policies can be found at Directives Library.

1. CIO P 2100.1K GSA Information Technology (IT) Security Policy

2. CIO P 2100.2B GSA Wireless Local Area Network (LAN) Security

3. CIO 2100.3C Mandatory Information Technology (IT) Security Training Requirement for Agency and Contractor Employees with Significant Security Responsibilities

4. CIO 2104.1A CIO CHGE 1 GSA Information Technology IT General Rules of Behavior

5. CIO 2105.1 C CHGE 1 GSA Section 508: Managing Electronic and Information Technology for Individuals with Disabilities

6. CIO 2106.1 GSA Social Media Policy

7. CIO 2107.1 Implementation of the Online Resource Reservation Software

8. CIO 2160.4A Provisioning of Information Technology (IT) Devices

9. CIO 2162.1 Digital Signatures

10. CIO P 2165.2 GSA Telecommunications Policy

11. CIO P 2180.1 GSA Rules of Behavior for Handling Personally Identifiable Information (Pll)

12. CIO 2182.2 Mandatory Use of Personal Identity Verification (PIV) Credentials

13. CIO P 1878.2A Conducting Privacy Impact Assessments (PIAs) in GSA

14. CIO IL-13-01 Mobile Devices and Applications

15. CIO 2102 Information Technology (IT) Integration Policy

16. HCO 9297.1 GSA Data Release Policy

17. HCO 9297.2B GSA Information Breach Notification Policy

18. ADM P 9732.1 D Suitability and Personnel Security

The contractor and subcontractors must insert the substance of this section in all subcontracts.

III.K. Options and Allowances

FAR 52.219-13 Notice of Set – Aside of Orders (Nov 2011) The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).

GSAM 552-217.71 Notice Regarding Options(s) (Nov1992) The General Services Administration (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.

III.L. Additional Terms and Conditions

(i) GSAR 552.236-77, Government’s Right to Exercise Options (MAR 2019)

(a) The Government may exercise any option in writing in accordance with the terms and conditions of the contract within _____ [insert the period of time within which the Contracting Officer may exercise the option]. Unless otherwise specified, options may be exercised within 90 calendar days of contract award.

(b) If the Government exercises the option, the contract shall be considered to include this option clause.

IV. Contract Clauses

N/A IV.A. Clauses Incorporated in Full Text

(1) FAR 52.222-99 Establishing a Minimum Wage for Contractor (JUL 2014) (DEVIATION) This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, Implementation of the President's Executive Order Establishing a Minimum Wage for Contractors, dated June 12, 2014.

(a) Each service employee, laborer, or mechanic employed in the United States (the 50 states and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour.

(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor's annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.

(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.

(d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).

(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.

(2) FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at BioPreferred.

(c) In the performance of this contract, the Contractor shall—

(1) Report to System Award Management, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

(3) FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 08)

(a) Definitions. As used in this clause— “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this Contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to the Contracting Officer.

(4) GSAR 552.204-9 Personal Identity Verification Requirements (OCT 2012)

(a) The contractor shall comply with GSA personal identity verification requirements, identified at HSP12, if contractor employees require access to GSA controlled facilities or information systems to perform contract requirements.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have access to a GSA-controlled facility or access to a GSA-controlled information system.

(5) GSAR 552.211-10 Commencement, Prosecution and Completion of Work (MAR 2019) FAR 52.211-10, Commencement, Prosecution, and Completion of Work, is supplemented as follows:

(6) GSAR 552.211-12 Liquidated Damages-Construction (MAR 2019) FAR 52.211-12, Liquidated Damages-Construction, is supplemented as follows: