Solicitation Package 47PK0524R0004 2023 10 27.pdf
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- Solicitation number
- 47PK0524R0004
About this file
This solicitation package seeks proposals to reupholster all ten benches in Courtroom 8 of the Robert F. Peckham Federal Building and Courthouse located at 280 S. First St. in San Jose, California. Proposals are due no later than December 1, 2023 by 4:00pm Pacific time and must include a signed SF1449 form, detailed price breakout, and certifications and representations. Pricing will be the basis for awarding a firm fixed price contract scheduled to run from December 15, 2023 to May 15, 2024. A mandatory site walk is scheduled for November 6, 2023. Questions are due by November 9, 2023 and must be submitted to the identified contracting and project personnel.
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PROJECT TITLE: Courtroom 8 Reupholster All Benches
SOLICITATION NUMBER: 47PK0524R0004
SOLICITATION CLOSES ON: December 1, 2023, 4pm (Pacific).
Offers must be submitted by this date and time.
SUBMIT BIDS/OFFERS TO: David White Contracting Officer david2.white@gsa.gov
(916) 947-3052
FOR INFORMATION ON THIS PROCUREMENT, CONTACT:
Ignacio Lopez ignacio.lopez@gsa.gov
(408) 343 4682
ITEMS OR SERVICES TO BE PURCHASED:
Reupholstering all ten (10) courtroom benches in Court room 8 in accordance with the attached Scope of Work.
Basis of Award: Price
SIGNIFICANT EVENTS/DATES:
SITE WALK IS MANDATORY FOR THIS CONTRACT; is scheduled for November 6, 2023, 10am (Pacific). Contact Ignacio Lopez at ignacio.lopez@gsa.gov to RSVP for the site walk and with questions about the project. The site walk is mandatory in order to submit a proposal for this project.
SUBMISSION OF QUESTIONS/ RFIs: questions must be submitted by November 9, 2023. Submit all questions to: David White (david2.white@gsa.gov), Ignacio Lopez
(ignacio.lopez@gsa.gov) and Michaelene Kyler (michaelene.kyler@gsa.gov).
PROPOSALS: Proposals are due on December 1, 2023, at 4pm (Pacific). Proposals must include:
● Signed SF1449
● Detailed price breakout
● Certifications and Representations
CONTRACT AWARD DATE: estimated to be on or about December 15th, 2023.
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
RFQ IFB RFP
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NAICS:
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8 (A)
EDWOSB
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
STANDARD FORM 1449 (REV. 2/2012) BACK
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
PAGE
GENERAL SERVICES ADMINISTRATION
OF
ITEM NO.
(a)
SUPPLIES OR SERVICES
(b)
QUANTITY
ORDERED
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
0001 __________
95113-3002
8 in accordance with the attached Scope of Work
Place of Performance: 280 SOUTH 1ST STREET SAN JOSE, CA
Reupholstering all ten (10) courtroom benches in Court room
PoP: 12/15/2023 - 05/15/2024
Reupholster All Benches
Contract Type: Firm Fixed Price
PSC: J071 -- MAINT/REPAIR/REBUILD OF EQUIPMENT- FURNITURE
LS
Deliverable
General Services Administration, Pacific Rim Region Central California Office
280 South First Street, Suite 378
SENSITIVE BUT UNCLASSIFIED (SBU)
PROPERTY OF THE UNITED STATES GOVERNMENT
FOR OFFICIAL USE ONLY
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SCOPE OF WORK
US USDC Courtroom Reupholster of Benches
Date: August 14, 2023 POC: Ignacio Lopez, Location: 280 S, First Street, GSA Project Manager
San Jose, CA 95113 ignacio.lopez@gsa.gov,
(415) 713-1408
PROJECT GOAL
The goal of this project is reupholstering all ten (10) courtroom benches as well using movers blankets and protective materials to protect courtroom furniture and or equipment.
Project location: First Floor, 280 S, First Street, San Jose, CA 95113.
PROJECT REQUIREMENTS
General
Contractor shall be responsible for verifying all measurements. All benches, as specified by the government. Contractor shall carefully and professionally move, lift, cover and/or relocate all furniture, equipment, materials, floor/wall/ceiling plates and fixtures and miscellaneous items as appropriate to scope of work as specified. Contractor shall be liable for any damages to aforementioned items. Contractor shall follow the conceptual new flooring layout on the attached for spacial references. Contractor shall provide and gain approval of new flooring and wall finish plans in PDF format from the Contracting Officer prior to ordering materials.
Contractor shall perform all work herein without impeding current operations of the surrounding personnel. Performance of work will be done in (one (1) phase. All specifications provided herein shall only be substituted if approved by the Contracting Officer.
If required for city permitting or building management purposes, Contractor shall provide all applicable design services including applicable structural, demo, install, electrical, low voltage, fire protection/annunciation, flooring finish and mechanical plan sheets for review by the Government. Government acceptance is required prior to starting construction.
In addition to the GSA Scope of Work (SOW) Contractor shall comply with the attached floorplan Exhibit A, this document is conceptual and all dimensions shall be validated by the
Contractor prior to proposal. All areas involved in this scope of work shall be cleaned on a daily basis and include an in-depth, thorough clean for a proper reveal and turnover to the
Government.
mailto:ignacio.lopez@gsa.gov
FOR OFFICIAL USE ONLY
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Benches
Contractor shall demolish existing bench finishes (bolted to the ground). Prep benches for new upholstery, install new covering and cushions and clean up and disposal of old hostelry.
Upholster procedures must meet PBS P-100
GENERAL REQUIREMENTS
a. Contractor shall provide all labor, material, equipment, coordination, supervision and quality control to satisfy all contract components provided herein.
b. Unless otherwise stated, all materials and components provided by the Contractor shall be brand new, void of any defects, provided by the contractor and covered by the standard industry warranty periods and terms.
c. Contractor shall submit and gain approval on all materials prior to application.
d. Contractor shall properly install all materials, components and equipment per manufacturer standards and any and all applicable federal, state or local building codes. The most stringent criteria shall apply unless otherwise approved by the
Contracting Officer. All services shall be performed with the skill, care and diligence of generally accepted professional practices.
e. Contractor shall verify all existing conditions including all accurate and appropriate dimensions prior to submitting their bid proposal.
f. Contractor shall provide daily updates as requested.
g. Deviations from the scope, regulations and/or material substitutions are unauthorized unless otherwise approved by the Contracting Officer.
h. The contractor shall ensure construction dust does not migrate from the immediate work area to other parts of the building, including access routes. Use sticky mats and plastic barriers as applicable. The work site shall be cleaned (trash removed, floors swept and mopped or vacuumed, etc.) daily.
i. Contractor shall clean the site of all debris and materials on a daily basis and provide an overall final cleaning of all areas affected by the work for a professional reveal.
j. Contractor shall provide protection for all existing site conditions.
k. Contractor shall provide and properly install all materials and mechanisms required to maintain the fire rating of all walls, doors, door frames and any other building materials affected as part of this project.
l. Contractor shall complete all necessary requirements to obtain the proper security clearance for access as required by GSA and the tenant agency including, but not limited to, documentation, fingerprinting, paying fees, etc. prior to starting work.
FOR OFFICIAL USE ONLY
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m. Contractor shall coordinate and gain approval on scheduling of work with GSA prior to making any affected commitments and mobilization.
SUBMITTALS
a. Work schedule prior to start of the project, Contractor will be required to setup a job walk and provide a job schedule once we have confirmed delivery of the
Upholstery materials.
b. Product Specifications are required for this project.
c. Daily updates at scheduled meeting
d. Closeout package.
COST PROPOSAL
Contractor shall submit a bid proposal on the requested date to the Contracting Officer.
Cost proposal must be submitted in Construction Specification Institute (CSI) Master Format
2004 format and clearly show unit cost breakdowns.
a. General conditions shall be listed and itemized separately in Division – 1 rather than combined with work features.
b. Ensure work is listed in the appropriate category.
c. List units, quantities, material, equipment and labor costs for standard work features
(carpet, paint, etc.). Lump sum costs will not be accepted.
d. List separate line items for discrete work features. Example: list carpet and base cove separately.
e. Overhead, profit, bonds and taxes shall be separate line items listed at the end of the breakdown, usually expressed as a percentage of the project total.
PERIOD OF PERFORMANCE
The period of performance is 180 calendar days from the Notice to Proceed. This project include one (1) phases, understanding that performance of work will NOT be allowed during
“business hours 7:00 am to 5:00 pm Monday to Friday, with the understanding that if noise and or smells transmits to upper floors becomes excessive, these activities will be have to be done on weekends no exceptions from 6:00 6am to 5:00 pm Saturday’s and Sunday’s.
PROJECT TEAM
The GSA management team for this project will be:
Contracting Officer: David Furukawa
COR: Ignacio Lopez
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Project Manager: Ignacio Lopez
Procurement Technician: Michaelene Kyler
WORK AREA ACCESS
Prior to start of work, the contractor shall comply with GSA Building Security requirements. Contractor shall verify site access requirements and locations prior to start of work.
All work shall be performed outside of normal business hours which are Mon-Fri 8:00am to 5:00pm unless otherwise approved by the Contracting Officer.
PERMITS / DRAWINGS
The contractor shall be responsible for all permits/drawings for all work related to lease facilities and or federal/court buildings in accordance with, local, city, state and federal building requirements.
The Public Buildings Amendments of 1988, 40 U.S.C. 3312 (formerly section 21 of the
Public Buildings Act of 1959, 40 U.S.C. 619), require that each building constructed or altered by GSA or any other federal agency shall, to the maximum extent feasible, be in compliance with one of the nationally recognized model building codes and with other applicable nationally recognized codes.
WARRANTY
The Contractor shall guarantee that the work performed in this scope of work conforms to the general conditions and contract requirements for a period of no less than 1 year for
Contractor(s) and Subcontractor(s) labor and workmanship and no less than the manufacturers’ standard warranty period on materials. The manufacturer’s standard warranty period on materials shall meet or exceed the applicable periods detailed in the latest GSA PBS P-100
Standards. Such guarantee period(s) shall begin upon project completion acceptance during which the Contractor shall remedy any such failure or defect at Contractor’s own expense.
The Government will notify the Contractor in writing within a reasonable time after discovery of any failure or defect. Should the Contractor fail to remedy any failure or defect described within 10 working days after receipt of notice thereof, the Government has the right to repair or otherwise remedy such failure or defect at the Contractor’s expense.
STANDARDS AND CRITERIA
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All work shall comply with the latest version of the documents listed below. In the event of a discrepancy between any listed documents, plans, specifications or scope of work, the greater quality or greater quantity shall prevail unless otherwise approved by the Contracting
Officer.
a. Facilities Standards for the Public Buildings Service, PBS P-100, 2018 (available at https://www.gsa.gov/cdnstatic/2018%20P100%20Final%20Updated%207-26-18.pdf
b. Whole Building Design Guide, (available at http://www.wbdg.org/references/docs_refs.php)
c. Architectural Barriers Act Accessibility Standard (ABAAS) (available at http://www.access-board.gov/guidelines-and-standards)
d. Energy Prices and Discount Factors for Life-Cycle Cost Analysis, Annual
Supplement to NIST Handbook 135 and NBS Special Publication 709 (available at http://www1.eere.energy.gov/femp/pdfs/ashb08.pdf)
e. PBS Order 3490.1A “Document security for sensitive but unclassified paper and electronic building information”, March 8, 2002 (available at https://insite.gsa.gov/portal/content/582850)
f. GSA Building Commissioning Guide, 2013, (available at http://www.gsa.gov/portal/category/210645)
SAFETY
The contractor will provide a hazard free work site, complying with all Occupational
Safety and Health Administration (OSHA), National Electrical Code, and all other applicable safety standards.
a. Briefings: Prior to any worker for the Prime or subcontractors beginning work, they shall undergo a safety briefing provided by the Prime Contractor’s Competent Person per OSHA requirements. This briefing shall include information on the construction limits, safety guidelines, means of egress, etc.
b. Site and Building Access: Maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces.
c. Means of Egress: Do not block building exits, including paths from exits to roads.
d. Fire Extinguishers: Provide and maintain extinguishers in construction and Storage areas in accordance with 29 CFR 1926.
e. Flammable and Combustible Liquids: Store, dispense and use liquids in accordance with 29 CFR 1926.
https://www.gsa.gov/cdnstatic/2018%20P100%20Final%20Updated%207-26-18.pdf http://www.wbdg.org/references/docs_refs.php http://www.access-board.gov/guidelines-and-standards http://www1.eere.energy.gov/femp/pdfs/ashb08.pdf https://insite.gsa.gov/portal/content/582850 http://www.gsa.gov/portal/category/210645
FOR OFFICIAL USE ONLY
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f. Existing Fire Protection: Do not impair automatic sprinklers, smoke and heat detection, and fire alarm systems without prior approval of the Contracting
Officer/GSA Project Manager.
g. Smoking: Smoking is prohibited except in designated smoking areas. Smoking is prohibited in and adjacent to construction sites.
SUSTAINABLE PRODUCT REQUIREMENTS
Contractor shall comply with the latest version of the sustainable product regulations listed below. Upon the Government’s request, Contractor shall provide sufficient documentation confirming that all applicable products provided have met the required sustainable criteria.
a. GSA PBS-P100, Facilities Standards for the Public Buildings Service
b. Environmental Protection Agency (EPA) Comprehensive Procurement Guideline
(CPG) designated products.
c. 10 B. ENERGY STAR® or Federal Energy Management Program (FEMP) designated products.
d. Electronic Product Environmental Assessment Tool (EPEAT) registered products2.
e. US Department of Agriculture (USDA) designated BioPreferred/Biobased products.
f. EPA WaterSense or other water efficient products.
g. Non-ozone-depleting products or alternatives listed under the EPA Significant New
Alternatives Policy (SNAP).
HAZARDOUS MATERIALS
The Contractor shall submit Material Safety Data Sheets (MSDS) for all provided hazardous materials meeting the requirements of 29 CFR 1910.1200(g) and the latest version of
Federal Standard No. 313 to the Contracting Officer/GSA Project Manager and maintain a copy on site.
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 http://www.gsa.gov/directives or https://insite.gsa.gov/directives.
1. CIO P 2100.1 GSA Information Technology (IT) Security Policy
2. CIO P 21 00.2B GSA Wireless Local Area Network (LAN) Security https://insite.gsa.gov/directives
FOR OFFICIAL USE ONLY
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3. CIO 21 00.3B Mandatory Information Technology (IT) Security Training Requirement for Agency and Contractor Employees with Significant Security Responsibilities
4. CIO 2104.1A GSA Information Technology IT General Rules of Behavior
5. CIO 2105.1B 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 2160.4 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 (PII)
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 IL-14-03 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
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.
1. 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.
2. Authorized recipients.
a. 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
FOR OFFICIAL USE ONLY
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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.
b. 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.
3. Dissemination of SBU building information:
a. 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.
b. 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.
i. 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.
ii. 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.
FOR OFFICIAL USE ONLY
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4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
FOR OFFICIAL USE ONLY
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9. Subcontracts. The contractor and subcontractors must insert the substance of this clause in all subcontracts.
The contractor and subcontractors must insert the substance of this section in all subcontracts.
DOCUMENT DISPOSITION INSTRUCTIONS FOR NON-BIDDING RECIPIENTS
a. If you are not intending to submit a price proposal, contractor shall return the solicitation packet, scope of work and all drawings to this office.
b. If you are not the intended recipient, you are hereby notified that any reading, copying, use or distribution (whether materially, verbally or electronically) of this document is strictly prohibited and illegal. Solicitation documents no longer needed by plan holder shall be destroyed or returned to the following address:
280 South First Street, Room 378
San Jose, CA 95113
EXHIBIT “A” CONCEPTUAL FLOORING PLAN (NOT TO SCALE)
IgnacioLopez Text Box 9 benches here
IgnacioLopez Line
IgnacioLopez Rectangle
IgnacioLopez Text Box One bench here
IgnacioLopez Line
IgnacioLopez Text Box Benches field dimensions: seat 16"x11'-6" back: 17"x11'-6" Contractor to verify exact dimenstions
IgnacioLopez Text Box
EXHIBIT "A"
Solicitation 47PK0524R0004, Provisions and Clauses
FAR CLAUSES INCORPORATED BY REFERENCE (IBR)
52.204-07 System for Award Management (SAM)
Oct 2018 52.204-13 System for Award Management Maintenance
Oct 2018 52.204-16 Commercial and Government Entity Code Reporting
Jul 2016 52.204-18 Commercial and Government Entity Code Maintenance
Jul 2016
52.212-1 Instructions to Offerors - Commercial items
Oct 2018
52.212-4 Contract Terms and Conditions - Commercial items
Oct 2018
52.223-4 Recovered Material Certification May 2008 May 2011 52.223-6 Drug-Free Workplace May 2001 52.223-7 Notice of Radioactive Materials Jan 1997
52.223-19 Compliance With Environmental Management Systems
May 2011 52.225-19 Contractor Personnel in a Designated Operation Area or Supporting a
Mar 2008 52.226-3 Disaster or Emergency Area Requirements
Nov 2007
GSAM CLAUSES INCORPORATED BY REFERENCE (IBR)
552.212-72 Contract Terms and Conditions Required to Implement Statutes or Executive May 2019 Orders Applicable to GSA Acquisitions of Commercial Items 552.237-73 Restriction on Disclosure of Information
FAR & GSAM CLAUSES INCORPORATED IN FULL TEXT
552.204-9 Personal Identity Verification Requirements
Oct 2012
(a) The contractor shall comply with GSA personal identity verification requirements, identified at http://www.gsa.gov/hspd12, 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.
(End of clause)
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. Dec
The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services- Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.
(a) Definitions. As used in this provision— “Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
Contractors are not prohibited from providing—
(1)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(d) Representation. The Offeror represents that it □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—
(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);
(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;
(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and
(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
(End of provision)
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance
Services or Equipment
Aug 2019
(a) Definitions. As used in this clause— “Covered foreign country” means The People’s Republic of China.
“Covered telecommunications equipment or services” means–
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
“Critical technology” means–
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
“Substantial or essential component” means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.
(c) Exceptions. This clause does not prohibit contractors from providing—
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement. (1)In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause
(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);
supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description;
and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:
any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
(End of clause)
552.204-70 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (DEVIATION I) Aug 2019
(a) Definitions. As used in this clause- “Covered telecommunications equipment or services”, “Critical technology”, and “Substantial or essential component” have the meanings provided in FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
Contractors are not prohibited from providing-
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Representation. [Contractor to complete and submit to the Contracting Officer] The Offeror or Contractor represents that it [ ] will or [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract, order, or other contractual instrument resulting from this contract. This representation shall be provided as part of the proposal and resubmitted on an annual basis from the date of award.
(d) Disclosures. If the Offeror or Contractor has responded affirmatively to the representation in paragraph (c) of this clause, the Offeror or Contractor shall provide the following additional information to the Contracting Officer--
(1) All covered telecommunications equipment and services offered or provided (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);
(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;
(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and
(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
(End of clause)
52.212-3 Offeror Representations and Certifications-Commercial Items. Dec 2019
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.
(a) Definitions. As used in this provision— “Covered telecommunications equipment or services” has the meaning provided in the clause
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000- 9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L.
110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.“Sensitive technology”— “Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically— (i)To restrict the free flow of unbiased information in Iran; or (ii)To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern”, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—
(1)Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—
(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at
13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation “Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through…
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