Solicitation Pembina Commercial gate replacement FY25.pdf

Sol. Reference No: 47PJ0025R0073 GSA Contract No:

Document: C101-SAT-GC/MAY 2025 (The Agreement)

Simplified Acquisition Construction Contract for: Replacing the commercial lane gate system at the Pembina LPOE.

The Agreement

Table of Contents

I. Project Information A. Project Summary B. The Contract C. Period Of Performance D. Work Conditions/Site Requirements E. Authorized Representatives F. Contract Liquidated Damages Rate G. Buy American Exceptions H. Statement of Work, Specifications, Drawings

II. Prices

A. Basis of Pricing B. Contract Price Form

III. General Provisions

A. Commencement, Prosecutions and Completion of Work B. Contractor Responsibilities C. Material and Workmanship D. Project Schedule E. Interpretation of Specifications and Drawings F. Submittals G. Government’s Right to Stop Work for Non-Compliance H. Other Contracts I. Use and Possession Prior to Substantial Completion J. Finality of Contract Modifications K. Liquidated Damages L. Administrative Matters M. Requirements for GSA Information Systems

IV. Contract Clauses

A. Clauses Incorporated in Full Text

1. FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders-

Prohibition, Alternate I

2. FAR 52.223-2 Reporting of Biobased Products Under Service and

Construction Contracts

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

4. FAR 52.225-9 Buy American—Construction Materials

5. GSAR 552.204-9 Personal Identity Verification Requirements

6. GSAR 552.252-6 Authorized Deviations in Clauses

7. FAR 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment

8. FAR 52.232-40, Providing Accelerated Payments to Small Business

Subcontractors B. Clauses Incorporated by Reference

I. Project Information

I.A. Project Summary

Replacing the concrete stairs and landing at the Pembina LPOE.

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. Period of Performance

(1) Commencement. The Contractor shall commence performance of the Work within 15 days after the Contractor receives the Notice to Proceed (NTP).

(2) Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, no later than _110_ calendar days from issuance of Notice to Proceed (NTP).

(3) Contract Completion. The Contractor shall achieve Contract Completion, as the term is defined in this Agreement, within 10 calendar days of Substantial Completion.

I.D. Work Conditions/Site Requirements

Exterior Work

I.E. Authorized Representatives

(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: Cody Lee

Address: 657 2nd Ave N Fargo, ND 58102

Telephone: 701-566-6124

Email: cody.lee@gsa.gov

(2) For the applicable authorities and limitations see Section IV of this Agreement, GSAR 552.236-70.

I.F. Contract Liquidated Damages Rate

In accordance GSAR 552.211-12, Liquidated Damages – Construction, in Section IV of this Agreement, liquidated damages shall be calculated at the rate of $ 0 per calendar day

I.G. Buy American Exceptions

For the applicable Buy American clause and any exceptions, see Section IV of this Agreement.

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

The following documents are incorporated by reference into this Contract.

(1) Statement of Work for GSA Contract No. 47PJ0025R0073, Dated 06/12/2025

(2) Specifications for GSA Contract No. 47PJ0025R0073, Dated 06/10/2025

(3) Wage Determination ND20250026, 08/29/2025

CONSTRUCTION SCOPE OF WORK

U.S. GENERAL SERVICES ADMINISTRATION, ROCKY MOUNTAIN REGION 8

Date: 6/10/2025 Revision:

Section 1: Project Title

Replace Commercial Lane Gate System

Section 2: Project Location, Building Name, & Building Number

Pembina Boarder Station, Building C, 10980 I29 Pembina, ND 58271 Building Number: ND0546AO

Section 3: Contact List

Contracting Officer (CO)

Name: Cody Lee

Email: cody.lee@gsa.gov

Address: 657 2nd Ave North

Fargo, ND 58102

Phone (O): 701 566-6124

Development Project Manager

Name: Jim Boisjolie

Email: james.boisjolie@gsa.gov

Address: 657 2nd Ave North

Fargo, ND 58102

Phone (O): 701 541-2368

Property Manager

Name: Theuns Steyn

Email: theuns.steyn@gsa.gov

Address: Pembina Border Station

10980 I29

Pembina, ND 58271

Phone (O): 701-270-2632

Section 4: Project Background & Project Description The purpose of this project is to replace the existing gate arm controller and gate arm.

Integrate the new gate arm controller into the existing card readers and controls. This project also involves adding approximately 40’ of concrete curbing.

Section 5: Project Objectives The contractor shall provide labor, materials, equipment and supervision necessary to perform:

1) Option Bid 1: The contractor shall remove and dispose of the old manual gate arm and pedestal located on the west side of the roadway.

2) The contractor shall remove and dispose of the old barrier gate operator.

3) The contractor shall remove and dispose of both the existing high- and low-ticket readers.

4) The contractor shall purchase and install a LiftMaster MAT Heavy Duty DC barrier gate operator or approved equal.

a. The contractor shall install the equipment per the manufacture’s specifications.

b. Features are to include:

i. Motor shall be rated for at least 6,000 cycles per day.

ii. Unit shall have an operator speed of under 5 seconds to open or close.

iii. Instant Reverse Device (IRD) motion senses obstructions during motion.

iv. Battery Fail Safe during power loss

v. Dynamic motor braking to preserve arm positioning

vi. Direct Drive Gear reducer eliminates many parts that might otherwise fail

vii. Soft start and stop

viii. No limit switches to fail

ix. Maximum run timer

x. LED diagnostics

xi. Transient Voltage protection

xii. New high and low gate arm operators shall be accessed with a 6 digit codes printed from 7 ticket readers. Ticket printers shall be located in all 4 booths, VACIS building, APHIS building and at the supervisor’s desk. Ticket codes shall be time stamped and only valid for 1 hour (adjustable).

xiii. The gate arm operator and printers shall be on a standalone system. Verify system integration with the existing standalone system.

c. Operator shall be powered from the electrical panel in the corresponding guard shack. The existing power, switch and CAT 5 cabling can be reused.

d. The gate arm operator shall include a 12’ break away 3” tubular aluminum barrier arm

e. The gate arm operator shall also include a heater made available for 120 VAC operators. The heater shall provide operation to at least -40˚F.

f. The gate arm operator and high and low scanner covers shall be rust proof with white powder coat bakes on enamel

5) The contractor shall purchase and install a new 24’ (verify) manual gate.

a. The gates must comply with the CBP 2018 LPOE Design Standard.

b. The gates must securely lock their intended location during non-operating hours.

c. In areas where snow and ice are expected, the gates and operable devices shall function in adverse conditions. They should also allow for snow and ice removal without damage.

d. All perimeter gates must accommodate the largest vehicle expected to pass through the LPOE, as confirmed by the port director and local authorities.

e. Swing gate construction:

i. 5” steel pipe for cross arms

ii. 4” steel pipe for verticals

iii. 6” Safety yellow concrete-filled steel bollards, properly mounted

f. The gate shall have a steel bearing plate with a padlock eye and a tamper-proof key padlock. The bearing plate shall also be removable to accommodate oversized vehicles.

i. Bearing plate shall be twist in type and easily removable from the ground sleeve by one person via lift handles or a lift bar.

ii. Provide a cover plate that is flush with the road surface when the bearing plate is removed.

iii. Provide a removeable and lockable storage rack for the bearing plate when removed.

iv. The gate, bollard and bearing plate shall be painted yellow.

v. Provide a aluminum “Lane Closed” sign on the gate that is reflective. The sign shall be no smaller then 12”x12”.

vi. The distance between the 12’ gate arm and the manual swing gate shall not exceed 1’-0”.

6) Manual gate arm footing

a. The Contractor shall provide and install gate concrete islands in accordance with the 2018 LPOE CBP Design Standards.

b. The concrete islands shall be:

i. (9 sq. ft.) in size

ii. 4" high

iii. Raised

iv. Reinforced concrete with curb and lip

v. Designed to accommodate the new swing gate static weight load

c. The concrete island shall extend 3 ft all around the gate.

d. The islands will assist in:

i. Properly channeling traffic

ii. Guarding against possible contact with the gate if a vehicle needs to make a tight turn.

e. Footings for the gate arms shall be installed with a minimum 28-day strength of 3,000 psi.

f. Concrete shall contain:

i. ≥ 15% fly ash or

ii. ≥ 25% ground granulated blast-furnace (GGBF) slag

g. The footing should be continuous for maximum resistance.

h. Minimum size for the continuous footing: 36" wide x 72" deep.

7) Option Bid 2 - Concrete curbing and gutter

a. Provide approximately 40LF for concrete curbing and gutter. Coordinate curbing locations with the GSA and the Port for exact locations prior to pouring.

b. All concrete shall be 4000 psi at a minimum with 6% - 8% air entrainment and have no more than a 4” slump.

c. Concrete shall contain:

i. ≥ 15% fly ash or

ii. ≥ 25% ground granulated blast-furnace (GGBF) slag

d. All concrete shall be finished with a medium broom finish perpendicular to traffic to prevent slipping.

e. Spray curing compound immediately after finishing. Curing compounds shall have “fugitive” pigments that dissolve over time to provide non-tinted/non-stained concrete.

f. If weather conditions cause rapid drying of the pavement surface, use a fogger to apply a fine mist to the concrete surface for interim curing. Fog immediately behind the tinning float and maintain fogging to produce a sheen on the surface until the curing is applied, do not apply with brushes.

g. If ambient temperature falls below 40ºF, maintain the concrete surface temperature between 40ºF and 90ºF for the duration of the curing process.

If High-early strength concrete is used maintain the surface temperature between 50ºF and 90ºF. Conduct heating operations to avoid sudden temperature changes in the concrete, before removing any enclosures, decrease the concrete’s surface temperature to the air temperature at a rate not to exceed 15ºF per hour.

Section 6: Proposal Pricing & Site Walk

1) Pre-proposal Site Visit Meeting:

a) The site visit shall consist of a meeting to review construction requirements followed by a walk-thru of the project site. The meeting shall be attended by the contractor and GSA project personnel, and appropriate sub-contractors.

b) Review existing conditions of the project area including any field verification.

c) Review the solicitation/evaluation requirements.

2) Cost Proposal Requirements:

a) When submitting a proposal, provide a cost breakdown for each task into the following categories: Materials, equipment, labor hours, subcontractor's quotes, overhead, profit, and bond broken down into shell, tenant improvement (TI) (by tenant), Building- Specific Amortized Capital (BSAC), and environmental (as applicable). Follow P120 guidelines for tier level 3 based on project triage tool. Pricing shall be broken down by Construction Specification Institute (CSI) divisions.

b) Base Bid-

c) Option Bid 1 – Removal of the old manual gate

d) Option Bid 2 – Curb and Gutter

Section 7: Period of Performance

Once notice to proceed has been issued, the contractor has 120 calendar days to complete the project. The contractor must also promptly begin the badging process at the time of notice to proceed. Please allow a minimum of 30 days to complete the badging process. Extensions will be granted for unforeseen conditions and other factors outside of the contractor’s control at the Contracting Officer’s discretion.

Section 8: Universal Scope Requirements

a. Safety and Health Program

b. Asbestos Containing Materials. To comply with federal and state regulations as well as GSA policy, an asbestos pre-alteration assessment is required for all construction projects as outlined in Section B of the Universal Scope Requirements.

c. Lead Containing Paint / Lead Based Paint

d. Accessibility

e. Green Purchasing

f. Construction Indoor Air Quality (IAQ) Management Plan

g. Construction Waste Diversion

Section 9: Submittals

1) Contractor shall submit a Method of Procedures (MOP) to the GSA Delivery Project Manager (PM) for approval prior to commencement of work. At a minimum, the MOP shall include:

a) Brief narrative describing method of accomplishment, construction techniques, etc

b) Project schedule (to include critical path, major milestones, long lead time items, mob & de-mob, inspection dates, substantial completion, and occupancy dates)

c) Service/Utility Outages (if necessary)

d) Phasing schedule (if necessary)

e) Any building infrastructure/BAS equipment that may be impacted

2) Manufacturer's specifications, instructions and material specification sheets in original form

3) Submittal register/ log for all products specified to establish a standard of quality to include. Submittal register response by the government shall be (14) calendar days or less.

a) For pricing purposed please assume 2 hard copies of submittals and 2 electronic copies to be sent to the project manager. Distribution list including final quantities will be finalized after receipt of the submittal log/ register by GSA project manager.

4) If product samples are not submitted in a timely fashion, any delays caused by the contractor will not warrant a time extension. After completion of all work, the Contractor shall submit to the project manager the manufacturer's specifications, instructions and material specification sheets in original form. Additionally, the Contractor shall submit all inventory changes (removals, additions, upgrades, etc., and new condition codes) to the COR.

5) Submittal response by the government shall be (14) calendar days or less.

Section 10: General Requirements

1) Contractor Use of the Premises

a) During the period of the project, the contractor will have access to the site only during business hours of 6:00 am 6:00 pm. No on-site work shall be performed outside these hours or on holidays unless otherwise directed by the Contracting Officer. The contractor will need to coordinate with the Contracting Officer to arrange access to the parking lot. The contractor shall make every effort to cause a minimum of damage to parking lots, any other paved areas, any items that need to be moved during the course of the project, and any areas not included in this scope of work. Any damage caused will be repaired at the contractor’s expense.

2) Progress Meetings

a) Progress meetings are not required for this project. The project manager and building team representative shall make daily inspections of the work progress.

The contractor shall provide all equipment associated with the entire project, operate in a safe manner and adhere to all OSHA and GSA standards.

3) Equipment and Material Storage The contractor shall provide and store all equipment, the materials specified above, and any other materials required completing the project. The materials are required to be kept clean and dry throughout the duration of the project.

Contractor to coordinate with building manager for location of storage sheds.

4) Sanitary Facilities Provide and maintain temporary toilet facilities in accordance with State Health Department and GSA requirements.

5) Electricity, Water, and Gas GSA will pay for electricity, water, and gas during the course of this project.

The contractor is responsible for making connections to the existing systems.

Temporary electrical work shall meet the requirements of NFPA 70-1996 (NEC), Article 305. When temporary connections are removed, restore existing utility services to their original condition.

6) Contractor’s Field Office The contractor may provide an office for their own use. Size, location, and construction shall be subject to approval.

7) Fire Watch Contractor shall be responsible for providing fire watch if required per attached GSA fire watch guidelines.

8) Fire Alarm Impairment and Hot Work When a fire suppression or alarm system impairment is required, contractor shall provide written outage request to GSA for approval in advance of impairing any systems. Contractor shall be responsible for having a GSA approved NICET certified fire alarm contractor perform all system impairments. During fire alarm/suppression impairments or hot work procedures, contractor shall provide a fire watch per the GSA Regional Fire Watch Guidelines.

9) Protection of Public The building site will continue to be used by tenants. The contractor shall fence, barricade, or otherwise block off the immediate work area to prevent unauthorized entry. The contractor shall illuminate barricades and obstructions at night and maintain safe building access and egress for tenants.

10) Housekeeping The project site shall be kept in a neat, orderly, and safe condition at all times.

The contractor shall provide enough containers for collecting construction debris and construction materials to be recycled. The contractor shall wet down dry materials and rubbish to prevent blowing dust and keep volatile wastes in covered containers.

11) Transportation and Deliveries The contractor shall arrange deliveries of materials in accordance with construction schedules; coordinate with COR to avoid conflict with other tenants and other work conditions at the site. Contractor must make GSA PM & CO aware of any lead times that may affect the project schedule.

12) Cleaning Before scheduling the final inspection, the Contractor shall accomplish six items: (1) Remove all tools, equipment, surplus material, and rubbish; (2) Restore or refinish, to original condition, surfaces that are damaged due to the work of this contract; (3) Remove grease, dirt, stains, foreign materials, and labels from finished surfaces; (4) Thoroughly clean building interiors; (5) Pickup all construction debris from the site; and (6) At time of final inspection, project shall be thoroughly cleaned and ready for use.

13) Disruptive Work All painting, staining, or other activity which may cause noxious or undesirable fumes and/ or any noisy work that may be disruptive to the tenants/ public must be performed after normal working hours. The use of paint or stain that does not generate odors is preferred and may be required if the space will be occupied the following day with prior written approval from

GSA.

Section 11: Badging & Security

1) Contractor is responsible to follow GSA’s security and badging requirements as detailed in the attached Badging & Security Requirements (Vendor Fitness Determination Training Manual).

2) US Access shared enrollment centers can be found at fedidcard.gov. Travel distances to the nearest center should be accounted for during the badging process.

Section 12: Payments

1) Information regarding payment requests and payment is in the solicitation/ contract. Please contact the CO if you have any questions regarding payments.

Section 13: Substantial Completion & Final Inspection

1) When project, or designated portion of project is complete, request a final inspection. Upon receipt of request that project is substantially complete, the Contracting Officer will proceed with the inspection within ten days of receipt of request or will advise the contractor of items that prevent the project from being designated substantially complete.

2) Red-lined drawings and CAD and/or BIM as-built drawings, and field training for Operations and Maintenance (O&M) personnel shall be provided at completion of project. Maintain one complete set of contract drawings. Clearly mark changes, deletions, and additions using GSA CAD Standards to show actual construction conditions. Show additions in red, deletions in green, and special instructions in blue print. Provide to GSA within timeframe negotiated at time of award.

3) The contractor shall provide O&M manuals. The O&M manuals shall contain the following:

o Executed Warranties (at project completion) o Maintenance and operation manuals

Section 14: Attachments

1) Universal Scope requirements http://fedidcard.gov/

2) Badging & Security requirements (Vendor Fitness Determination & Training Manual)

Pictures

Manual Gate Detail

Curbing Detail

Add New Curbing

"General Decision Number: ND20250026 08/29/2025

Superseded General Decision Number: ND20240026

State: North Dakota

Construction Type: Building

County: Pembina County in North Dakota.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order

13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).

|If the contract is entered |. Executive Order 14026

|into on or after January 30, | generally applies to the

|2022, or the contract is | contract.

|renewed or extended (e.g., an |. The contractor must pay

|option is exercised) on or | all covered workers at

|after January 30, 2022: | least $17.75 per hour (or

| | the applicable wage rate

| | listed on this wage

| | determination, if it is

| | higher) for all hours

| | spent performing on the

| | contract in 2025.

|If the contract was awarded on|. Executive Order 13658

|or between January 1, 2015 and| generally applies to the

|January 29, 2022, and the | contract.

|contract is not renewed or |. The contractor must pay all|

|extended on or after January | covered workers at least

|30, 2022: | $13.30 per hour (or the

| | applicable wage rate listed|

| | on this wage determination,|

| | if it is higher) for all

| | hours spent performing on

| | that contract in 2025.

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the

Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/03/2025

1 02/14/2025

2 05/30/2025

3 08/29/2025

BOIL0647-006 01/01/2025

Rates Fringes

BOILERMAKER......................$ 48.00 31.14

* ELEC1426-007 06/01/2025

ELECTRICIAN......................$ 37.41 11.5%+14.32

ENGI0049-008 05/01/2025

POWER EQUIPMENT OPERATOR:

GROUP 1.....................$ 40.20 25.25

GROUP 2.....................$ 40.20 25.25

GROUP 3.....................$ 39.60 25.25

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1: Crane Operator 180' boom or jib and over any combination, all types, Crane Operator 150 tons & over, Overhead Cranes 250 tons & over, Tower Cranes 200' and up, an jib configuration 160' and over.

GROUP 2: All cranes up to 149 tons, Crane Operator up to

179' of Boom or Jib, any combination all types, Gentry

Crane operator, Overhead Cranes up to 249 tons, Tower

Cranes up to 199' and any jib configuration 159' and under.

GROUP 3: Forklift

IRON0512-010 05/01/2022

IRONWORKER, REINFORCING..........$ 35.95 33.11

PLAS0633-001 05/01/2023

CEMENT MASON/CONCRETE FINISHER...$ 35.33 18.40

* PLUM0300-020 06/01/2025

PIPEFITTER.......................$ 40.53 20.60

* SUND2012-015 08/18/2014

BRICKLAYER.......................$ 24.60 10.28

CARPENTER........................$ 19.40 0.00

INSULATOR - MECHANICAL

(Duct, Pipe & Mechanical

System Insulation)...............$ 16.68 ** 2.17

IRONWORKER, STRUCTURAL...........$ 28.02 15.21

LABORER: Common or General......$ 13.50 ** 0.00

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 22.48 4.00

OPERATOR: Bobcat/Skid

Steer/Skid Loader................$ 21.23 12.65

OPERATOR: Loader................$ 21.00 12.45

PAINTER (Brush and Roller).......$ 20.46 0.00

PLUMBER..........................$ 20.06 4.45

SHEET METAL WORKER (HVAC Duct

Installation Only)...............$ 26.80 8.52

SHEET METAL WORKER (HVAC Unit

Installation Only)...............$ 28.88 8.20

TRUCK DRIVER: Dump Truck........$ 20.95 0.00

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.75) or 13658

($13.30). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party.

Note: Executive Order (EO) 13706, Establishing Paid Sick

Leave for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the

EO

is available at https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (iii)).

The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.

Union Rate Identifiers

A four-letter identifier beginning with characters other than

""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be

Plumbers.

0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.

Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification.

Union Average Rate Identifiers

The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE:

UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of

Ohio.

The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate.

A UAVG rate will be updated once a year, usually in

January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based.

Survey Rate Identifiers

The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-

6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier.

?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has discretion to update such rates under 29 CFR 1.6(c)(1).

State Adopted Rate Identifiers

The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007

01/03/2024. SA reflects that the rates are state adopted.

ME

refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.

The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.

WAGE DETERMINATION APPEALS PROCESS

1) Has there been an initial decision in the matter? This can be:

a) a survey underlying a wage determination

b) an existing published wage determination

c) an initial WHD letter setting forth a position on a wage determination matter

d) an initial conformance (additional classification and rate) determination

On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD

Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to:

Branch of Wage Surveys

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage

Determinations.

Requests can be submitted via email to BCWD-Office@dol.gov or by mail to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with decision can request review and reconsideration from the

Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part

7).

Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to:

Wage and Hour Administrator

U.S. Department of Labor

The request should be accompanied by a full statement of interested party's position and any information (wage payment data, project description, area practice material, etc.)

that the requestor considers relevant to the issue.

3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

U.S. Department of Labor

Washington, DC 20210.

END OF GENERAL DECISION"

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.

II.B. Contract Price Form

Please use SF1442 for offer.

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.C. Material and Workmanship

All equipment, material, and articles incorporated into the Work shall be new and of the most suitable grade for the purpose intended, unless otherwise specified in this Contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number shall be regarded as establishing a standard of quality and performance and shall not be construed as limiting competition.

Unless specifically directed by the Contracting Officer, the Contractor may use any equipment, material, article, or process that is equal to that named in the specifications, so long as it is of comparable quality and meets specified characteristics, or, if no such characteristics are specified, the relevant performance characteristics of the specified item.

III.D. Project Schedule

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

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

(3) The Project Schedule shall depict all major activities necessary to complete the Work.

(4) Prior to NTP, the Contractor shall submit its Project Schedule to the Contracting Officer. The Contractor shall submit the Project Schedule in PDF and hardcopy print format.

(5) The Project Schedule shall incorporate both major tasks as well as milestone events specified in the Contract, including, as applicable, NTP, Substantial Completion, and milestones related to specified work phases and site restrictions. The Project Schedule shall also include Contractor-defined milestones to identify target dates for critical events, based upon the Contractor's chosen sequence of work and be linked to the tasks that drive those milestones.

(6) Unless a shorter period for updates is specified elsewhere, the Contractor shall update the Project Schedule weekly to reflect its actual progress in completing the Work and submit the updated Project Schedule to the Contracting Officer.

(7) If the Contractor revises the Project Schedule after initial submission, the Contractor shall provide in writing to the Contracting Officer a narrative describing the substance of the revision, the rationale for the revision, and the impact of the revision on the projected substantial completion date.

(8) If at any time the Contracting Officer finds that the Project Schedule does not comply with any Contract requirement, the Contractor shall, upon written notice of exceptions taken by the Contracting Officer, revise the Project Schedule, adjust activity progress, or provide sufficient information demonstrating compliance.

(9) If the Contractor fails to sufficiently address the Contracting Officer's exceptions to the Project Schedule within #10 calendar days of written notice of same, the Contracting Officer may withhold retainage until the Project is Substantially Complete or until such time as the Contractor has complied with Project Schedule requirements.

(10) The Contracting Officer shall be entitled, but not required, to rely upon the Project Schedule to evaluate the Contractor's progress, evaluate entitlement to extensions of time, and determine the criticality or float of any activities described in such Project Schedule.

III.E. Interpretation of Specifications and Drawings

(1) The specifications and drawings shall be interpreted to complement each other.

Requirements set forth in the specifications and not shown on the drawings, or shown on the drawings and not set forth in the specifications, shall be of like effect as if shown or set forth in both.

(2) Different requirements within the Contract Documents shall be deemed inconsistent only if compliance with both cannot be achieved.

(3) If a requirement set forth in one location is more restrictive than that set forth elsewhere in the Contract Documents, requirements set forth in specifications shall govern over requirements set forth in drawings; otherwise, the more restrictive shall govern.

(4) In case of inconsistent requirements within the drawings, the following order of precedence shall apply:

(a) Requirements indicated in large-scale drawings shall govern over inconsistent requirements indicated in small-scale drawings.

(b) Requirements indicated in schedules shall govern over inconsistent information shown in drawings.

(5) 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.

(6) If any inconsistency within the drawings or specifications cannot be reconciled by reference to this clause, the Contractor shall promptly request a determination from the Contracting Officer as to which requirement shall govern. Election by the Contractor to follow either requirement without a determination from the Contracting Officer shall be at the Contractor's risk; should the Contracting Officer subsequently determine that the requirement not followed by the Contractor governs, the Contractor shall be responsible for all cost and time required to comply with the Contracting Officer's determination.

III.F. Submittals

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

(2) Prior to submission, the Contractor shall review all submittals for accuracy, completeness, compliance with Contract requirements, and coordination between different trades and subcontractors. The Contractor shall indicate its approval on all submittals as evidence of such review and coordination. Submittals submitted to the Contracting Officer without evidence of the Contractor’s approval may be rejected without further review.

(3) The Contractor shall not proceed with work or procure products or materials described or shown in submittals until the Contracting Officer has indicated approval of the submittal. If the Contracting Officer disapproves of a submittal, the Contractor shall be entitled to an explanation of the reasons for disapproval.

Any work or activity undertaken prior to approval shall be at the Contractor’s risk;

should the Contracting Officer subsequently determine that the work or activity does not comply with the Contract, the Contractor shall be responsible for all cost and time required to comply with the Contracting Officer's determination. The Contracting Officer shall have the right to order the Contractor to cease execution of work for which submittals have not been approved. The Government shall not be liable for any cost or delay incurred by the Contractor attributable to the proper exercise of this right.

(4) Approval by the Contracting Officer of any submittal required under this Contract shall not relieve the Contractor from responsibility for any errors or omissions in such submittals, or from responsibility for complying with the requirements of this Contract, except with respect to variations described and approved as changes in accordance with the following Paragraph (5).

(5) The Contractor shall be entitled to rely upon approval of submittals containing variations from the requirements of the Contract as a change to the Contract only if the

Contractor separately requests approval of the variation at the time of submission and the Contracting Officer has approved the request for variation. Such requests shall fully describe the substance of the variation reflected in the Contractor's submittal. This provision shall not be interpreted as limiting the right of the Government to treat non-conforming work as a change where the Contractor has failed to request a variation in accordance with this paragraph.

(6) The Contractor shall be entitled to receive notice of action on submittals within a reasonable time, given the volume or complexity of the submittals and the criticality of the affected activities to Substantial Completion. The Contractor shall not be entitled to receive notice of action on submittals containing variations from Contract requirements in less than twenty working day.

III.G. Government’s Right to Stop Work for Non-Compliance

If the Contractor, after receiving written notice from the Contracting Officer of non-compliance with any requirement of this Contract, fails to promptly initiate action to achieve compliance within a reasonable time, the Contracting Officer shall have the right to order the Contractor to stop work under the Contract until the Contractor has complied. The Contractor shall 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.

Possession of this right by the Contracting Officer shall not relieve the Contractor of its obligation to comply with the Contract, regardless of whether this right is exercised.

III.H. Other Contracts

The Government may enter into other contracts to be performed at the Project site including, but not limited to, construction management services. The Contractor shall not impede site access for these other contractors and shall notify GSA immediately if the activities of other contractors interfere with performance of the Contract.

III.I. Use and Possession Prior to Substantial Completion

Upon notice by the Contracting Officer, the Government shall have the right to take possession of, use, or operate with Government employees or other contractors, any completed or partially completed part of the Work prior to Substantial Completion.

Exercise by the Government of the right shall not relieve the Contractor of responsibility for completing any unfinished components of the Work.

III.J. Finality of Contract Modifications

As set forth elsewhere in this Contract, the Contractor is entitled to additional consideration under certain conditions, including the issuance of change orders. It is the Contractor's duty to include in proposals for equitable adjustment or other consideration all compensation to which it may be entitled, including cost and time.

Unless otherwise explicitly stated in a modification to the Contract providing such consideration, adjustments to the Contract price or time agreed upon therein shall be deemed to provide all compensation to which the Contractor is entitled, and shall constitute final settlement of the Contractor's entitlement to compensation on account of the change or other condition giving rise to the modification.

III.K. Liquidated Damages The Contractor acknowledges that time is of the essence for the performance of the

Work, and that determining actual damages from delay would be extremely difficult and impractical. If the Contractor fails to achieve Substantial Completion of the Work in accordance with FAR 52.211-12, Liquidated Damages and GSAR 552.211-12, Liquidated Damages and the time specified in this Contract, the Contractor shall be liable to the Government for liquidated damages at the rate specified in Section I

(Project Information), paragraph entitled, “Liquidated Damages Rate,” for each calendar day following the required completion date that the Work is not Substantially Complete.

NA

III.L. 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 electronically to the designated billing office specified in this Contract or in individual delivery/work orders. An electronic copy of the invoice shall be sent to the CO and COR as designated after award.

(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) 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) Additional documentation:

NA

(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. Contractors 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…