Tab 10 Agreement 2020 04 17.pdf

Sol. Reference No. 47PD0120R0027 GSA Contract No:

Document: C101-SB-GC/AUGUST 2019 (The Agreement)

Construction Contract for: Nix Federal Building Renovation Project

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. Terms and Conditions

A. Commencement, Prosecutions and Completion of Work B. Contractor Responsibilities C. Submittals D. Finality of Contract Modifications E. Liquidated Damages F. Insurance Requirements G. Order of Precedence H. Administrative Matters I. Non-Compliance with Contract Requirements J. Safeguarding Sensitive Data and Information Technology Resources K. Options and Allowances L. Additional Terms and Conditions

i. GSAR 552.236-74, Evaluation of Options

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

iii. GSAR 552.236-77, Government’s Right to Exercise Options

iv. 48 CFR § 52.249-14 - Excusable Delays

IV. Contract Clauses A. Clauses Incorporated in Full Text

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

(DEVIATION)

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

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

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

5. GSAR 552.211-10 Commencement, Prosecution and Completion of Work

(Mar 2019)

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

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

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

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

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

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

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

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

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

15. GSAR 552.236-72 Submittals (Mar 2019)

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

(Sep 99)

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

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

19. Buy American Requirements

20. Additional Clauses

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

ii. GSAR 552.236-73 Subcontracts (Mar 2019)

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

21. Special 8(a) Requirements

22. FAR 52.222-62, Paid Sick Leave under Executive Order 13706 (Jan 2017)

B. 23. FAR 52.223-21, FOAMS (Jun 2016)Clauses Incorporated by Reference C. Subcontract Requirements

I. Project Information

I.A. Project Summary

The Nix Federal Building Renovation Project

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 1 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 17 Months from issuance of Notice to Proceed (NTP, which date will be specifically described in the formal NTP).

(3) Contract Completion. The Contractor shall achieve Contract Completion, as the term is defined in this Agreement, within 60 calendar days of Substantial Completion.

I.D. Work Conditions/Site Requirements

See the Applicable Plans and Specifications prepared by the Project Architect (A/E).

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

Authorized Representative Information:

Name: Michelle Donnelly, Supervising Contracting Officer

Address: 100 S. Independence Mall West, Philadelphia, PA 19106

Telephone: 215 446 4498

Email: Michelle.Donnelly@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 $1,124.29 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) Specifications for this GSA Contract #xx, Solicitation Number 47PD0120R0027, Dated April 10, 2020 prepared by Mills & Schnoering Architects;

(2) Construction Drawings for this GSA Contract, Solicitation No. 47PD0120R0027, Dated April 10, 2020 prepared by Mills & Schnoering Architects

(3) Wage Determination XXXX, Dated XX (current wage rate as of the date of award).

(4) Refer to Sf1442 for Additional Incorporated Documents

II. Prices

II.A. Basis of Pricing

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

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

(3) Unit Prices and Allowances. If any portion of the Work is to be performed on a unit price basis, the Unit Price shall include all costs of coordinating and incorporating the unit-priced portion of the Work into the Base Contract Work. The Contractor shall only be obligated to perform unit-priced work to the extent that an Allowance has been established. The Contractor shall be obligated to perform such work in excess of a unit quantity for which an Allowance is established only if directed by the Contracting Officer in writing. The Contractor shall be bound to the unit price or prices set forth herein in all equitable adjustments for changes including unit priced work, and no markups shall be applied to such unit prices.

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

(5) Bid Rates. If this Contract includes Bid Rates to be used in determination of equitable adjustments (e.g., overhead, profit, daily rates for time-related costs), such rates shall be deemed to include all costs recoverable as components of an equitable adjustment consistent with the requirements, definitions, and exclusions applicable to equitable adjustments set forth in this Contract, and consistent with the Contractor's cost accounting practices. Unless otherwise specified, the bid rates shall be deemed to include only the Contractor's costs, and not the costs of any subcontractors.

II.B. Contract Price Form

Refer to the SF1442

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. Submittals

FAR 52.236-21, Specifications and Drawings for Construction, GSAR 552.236-73, Submittals located in Section IV.A. of the Agreement is supplemented as follows:

(1) The Contractor shall prepare and submit to the Contracting Officer shop drawings, samples, calculations, product information, mockups, GSA Form 184 (associated 184A and 184B as necessary), and other submittals (collectively, "submittals") demonstrating compliance with Contract requirements for all Work components as specified elsewhere in this Contract.

III.D. 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.E. 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.

III.F. Insurance Requirements

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

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

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

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

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

III.G. Order of Precedence

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

(1) Section IV of the Agreement

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

(3) The Statement of Work

(4) The Specifications

(5) The Drawings

(6) Exhibits and Other Attachments

III.H. Administrative Matters

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

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

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

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

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

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

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

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

(iv) Updated project schedule that complies with Contract Documents

(v) Additional documentation:

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

(a) Progress Payments: 14 days

(b) Subsequent Subcontractor Payments: 7 days

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

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

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

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

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

(6) Safeguarding and Dissemination of Sensitive But Unclassified (SBU) Building Information.

This clause applies to all recipients of SBU building information, including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers and manufacturers.

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

(b) Authorized recipients.

(i) Building information designated SBU must be protected with access strictly controlled and limited to those individuals having a legitimate business need to know such information.

Those with a need to know may include Federal, State and local government entities, and nongovernment entities engaged in the conduct of business on behalf of or with GSA.

Nongovernment entities may include architects, engineers, consultants, contractors, subcontractors, suppliers, utilities, and others submitting an offer or bid to GSA, or performing work under a GSA contract or subcontract. Recipient contractors must be registered as “active” in the System for Award Management (SAM) database at www.sam.gov and have a legitimate business need to know such information. If a subcontractor is not registered in the SAM and has a need to possess SBU building information, the subcontractor shall provide to the contractor its DUNS number or its tax ID number and a copy of its business license. The contractor shall keep this information related to the subcontractor for the duration of the contract and subcontract.

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

c. Dissemination of SBU building information:

(i) By electronic transmission. Electronic transmission of SBU information outside of the

GSA network must use session encryption (or alternatively, file encryption). Encryption must be via an approved NIST algorithm with a valid certification, such as Advanced Encryption Standard (AES) or Triple Data Encryption Standard (3DES), in accordance with Federal

Information Processing Standards Publication (FIPS PUB) 140-2, Security Requirements for Cryptographic Modules per GSA policy.

(ii) By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include, but are not limited to CDs, DVDs, and USB drives.

Nonelectronic forms of SBU building information include paper documents, among other formats.

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

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

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

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

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

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

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

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

III.I. Non-Compliance with Contract Requirements

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

III.J. Safeguarding Sensitive Data and Information Technology Resources

In accordance with FAR 39.105, this section is included in the contract. This section applies to all users of sensitive data and information technology (IT) resources, including awardees, contractors, subcontractors, lessors, suppliers and manufacturers. The following GSA policies must be followed.

These policies can be found at Directives Library.

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

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

3. CIO 2100.3C Mandatory Information Technology (IT) Security Training Requirement for

Agency and Contractor Employees with Significant Security Responsibilities

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

5. CIO 2105.1 C CHGE 1 GSA Section 508: Managing Electronic and Information

Technology for Individuals with Disabilities

6. CIO 2106.1 GSA Social Media Policy

7. CIO 2107.1 Implementation of the Online Resource Reservation Software

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

9. CIO 2162.1 Digital Signatures

10. CIO P 2165.2 GSA Telecommunications Policy

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

(Pll)

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

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

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

15. CIO 2102 Information Technology (IT) Integration Policy

16. HCO 9297.1 GSA Data Release Policy

17. HCO 9297.2B GSA Information Breach Notification Policy

18. ADM P 9732.1 D Suitability and Personnel Security

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

III.K. Options and Allowances

See III.L. Below

III.L. Additional Terms and Conditions

[(i) GSAR 552.236-74, Evaluation of Options (MAR 2019)

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

(iii 48 CFR § 52.249-14 - Excusable Delays

IV. Contract Clauses The information following shall supplement the language found in Section III.G Submittals:

(4) Sustainable Purchasing Submittals

To simplify compliance with the Federal sustainable purchasing requirements set forth in FAR Parts 11 and 23, PBS has identified those products (“Key Sustainable Products” or “KSPs”) that are used most frequently in its contracts and developed sustainability standards for those products that meet all Federal requirements. The Contractor must show compliance with the KSP standards, where KSPs are furnished by the Contractor in performance of the work.

Where KSPs are provided by the Contractor, the Contractor must submit specific documentation of compliance with all applicable sustainable attributes. Acceptable documentation includes manufacturer specification sheets; technical data sheets; product data sheets; environmental product declarations; manufacturer submittal sheets; and manufacturer letters. Key Sustainable Products listed in the Green Procurement Compilation at https://sftool.gov/green-products/1037/key-sustainable-products?agency=9 have been pre-certified; for these products, correctly-dated screenshots showing each applicable product on the list are sufficient.

The Contractor must submit compliance documentation to the Contracting Officer at the time designated in this

Contract for submittals generally. If no other submittals are required as part of this Contract, the Contractor shall submit proof of KSP compliance at least 10 business days before the start of work. The Contractor shall send KSP submittals electronically where possible and the words “KSP product submittal” included in filenames.

The Key Sustainable Products and associated standards are listed in the table below.

PBS Key Sustainable Products and Standards

Construction Materials

Product Sustainability Standard

Nylon carpet NSF 140 Gold certification and

≥ 10% post-consumer recovered content

Interior latex paint ≤ 50 grams per liter (g/L) VOCs post-tint

(i.e. SCAQMD Rule 1113 standard)

Gypsum board Greenguard Gold certification

Acoustical ceiling tiles Meets the California Section 01350 standard for low-VOC materials and Total recycled content ≥ 20% and

Recyclable in a closed loop process and

USDA Certified BioPreferred and

Environmental Product Declaration (EPD) available

Concrete (ready-mix and site-mix) ≥ 15% fly ash or

≥ 25% ground granulated blast-furnace

(GGBF) slag

Compliance with the KSP standards does not relieve the Contractor from compliance with any other sustainability requirement of this Contract.

SECURITY REQUIREMENTS

PART 1 - SECURITY REQUIREMENTS AND PERSONAL IDENTITY VERIFICATION AND CREDENTIALING PROCEDURES

FOR CONTRACTORS AND SPECIFIC REQUIREMENTS

(NON-CLASSIFIED CONTRACT)

1.1 The General Services Administration (GSA) reserves the right to verify the identities of personnel with routine, unaccompanied access to GSA space, or Information Technology (IT) systems. The term Contractor used throughout this section shall refer to General/Prime Contractor, Subcontractor(s) and all their personnel. The

Contractor shall comply with the GSA personal identity verification procedures outlined below, that implement

Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-

24, and the Federal Information Processing Standards Publication (FIPS PUB) Number 201, as amended. All

Contractor personnel performing work on a GSA contract may be required to have a background investigation conducted and the results favorably adjudicated (HSPD-12 compliant suitability determinations) for all contract personnel requiring routine unescorted access to Federally-controlled facilities and/or IT systems for more than 6 months before identification cards may be issued.

1.2 Based on the building type (leased or owned) and the Facility Security Level (FSL) the GSA reserves the right to conduct background checks on Contractor personnel who support GSA contracts and require routine access to GSA facilities and IT systems. . Contractors unable to obtain a favorable security determination or meet security requirements will be removed from the project and denied official access to federal facilities and IT systems.

A. The Government has full and complete control over granting, denying, withholding or terminating suitability determinations for Contractor personnel. The Government may authorize and grant temporary suitability to personnel of the Contractor. However, the granting of a preliminary suitability determination shall not be considered as a guarantee; that the employee will receive a favorable final suitability determination. The granting of either a preliminary or final suitability determination shall not prevent, preclude, or bar the withdrawal or termination of any such suitability determination by the Government.

B. Contract personnel working less than 6 months may be considered “temporary”. GSA may require low risk suitability determinations be completed for temporary contract employees, or have the option of granting unescorted access to temporary contractors based on the preliminary favorable results, a National Agency Check (NAC) consisting of NCIC and NLETS checks, an FBI fingerprint check, and a Citizenship and Immigration Services check. Short-term access based on the favorable results of a NAC for temporary access is only good for six months and cannot be extended or redone. Those requiring unescorted access greater than six months may have to undergo an HSPD-12 compliant suitability determination. Temporary contract personnel that are not required to receive a favorable suitability determination may be required to be escorted at all times while in non-public space.

1.3. The Contractor shall account for all GSA credentials issued to Contractor personnel in connection with the performance under this contract. The Contractor shall immediately return credentials issued by GSA under any of the following conditions:

A. When the employees is no longer required for contract performance.

B. Upon completion of the Contractor employee’s employment.

C. Upon contract completion or termination.

D. In the event a previously issued preliminary Enter on Duty (EOD) determination is revoked.

1.4. The Contracting Officer may delay final payment or execute an equitable adjustment under the contract, if the

Contractor fails to comply with these requirements.

1.5. The General/Prime Contractor shall insert these requirements in all subcontracts. It shall be the responsibility of the General/Prime Contractor to return all credentials issued by the GSA and any other sources in association with this contract and in accordance with the terms set forth in paragraph 1.3, above.

PART 2 - FEDERAL DEBT REDUCTION AND OVERSIGHT OF FEDERAL FUNDS

2.1 The GSA has a fiduciary responsibility to provide oversight of federal funding. The Contractor will work with the GSA to reduce expenditures, and assure oversight of federal tax dollars when requesting background checks. In order to reduce expenses and ensure prudent use of federal funds, the Contractor will make every effort to pre-screen, or interview prospective personnel to help ensure they are suitable for employment, and are able to pass a background check prior to submitting employee applications to GSA.

2.2 After the Contactor submits a request for background investigations to the GSA, the Contractor must monitor the employee’s progress through completion of the process. The Contractor must provide follow-up and monitoring, ensure the requested individual(s) responds to requested information, and completes all required forms within the prescribed times allowed. The Contractor must ensure the Contracting Officer or their Designated Representative has all of the requested documentation to ensure the completion of the application. The Contractor shall assign and dedicate a single Point of Contact (POC) for the overall control, management, and oversight of all employee suitability investigation applications. This POC will be responsible for following up when requested to ensure timely and accurate document submissions for background investigations.

2.3 The Adjudicating Office reviewing the employees application may forward a written notification to contractor personnel for clarification information that pertains to the background investigation requesting additional information or supporting documentation. The POC shall ensure this inquiry is responded to in a timely manner.

PART 3 - ADJUDICATION AUTHORITY

3.1 GSA and its Authorized Agent, the Office of Personnel Management (OPM) or any other named designee, will be responsible for conducting the HSPD-12 background investigations, and credentialing of Contractor’s personnel.

GSA has the over arching authority to process the HSPD-12 background investigations, as directed by the Office of Personnel Management (OPM).

PART 4 -PROCESSING OF HSPD-12 INVESTIGATIONS AND CREDENTIIAL PROCEDURES

4.1 Submission of Forms: All Contractor personnel requiring facility or IT system access, may be responsible to fill out and complete security HSPD-12 forms and fingerprint cards prior to being allowed access. GSA will provide detailed instructions on the HSPD-12 process, the forms to be submitted, and the handling of the forms after the contract has been awarded. Depending on the level of responsiveness and timeliness of individual Contractor personnel, a maximum of seven (7) days is expected for the completion and submission of all forms by the applicant for review through the GSA. More importantly, however, the Contractor and the single Point of Contact (POC) managing all employees has the responsibility to submit applications in a timely fashion so as not to delay any project activities or the overall project schedule. Initiation of the suitability investigation forms are required to be provided for all applicants a minimum of thirty (30) days prior to access being required without the need for a HSPD-12 credential, or sixty (60) days prior to access being required when a HSPD-12 credential is required. Access requirements by

Contractor personnel shall be based on the contract time performance requirements, and the planned activities on the approved project schedule. The Contracting Officer or their Designated Representative will notify the Contractor in writing if any Contractor personnel receive an unfavorable decision on their background investigation, and effective immediately; the individual will no longer be allowed to work on the project. The Contractor shall be responsible for planning and scheduling its work in such a manner as to account for the facility or IT access investigation requirement time frames. Difficulties encountered by the Contractor’s personnel in gaining access when required by not fulfilling application requirements in a timely manner shall not be an excuse for Contractor non performance under the contract, or the granting of any time extensions.

A. Throughout the life of the contract, the Contractor shall be responsible to follow these same procedures for any new Contractor personnel, who will require access to GSA’s space or IT systems.

B. Also throughout the life of the contract, the Contractor shall maintain a listing of current/active personnel that have received a favorable suitability investigation and/or have a credential.

The Contractor shall provide the Contracting Officer or their Designated Representative, an updated listing of current/active personnel when requested. The Contractor is also responsible to show on that same list when personnel are no longer working on the project for whatever reason. The Contractor shall immediately return the credential of any individuals that are no longer requiring access.

4.2. Unsuitable Personnel: If the Contracting Officer receives an unsuitable report on any contract personnel after the processing their application, or if the GSA finds a prospective contract employee to be unsuitable or unfit for their assigned duties; the Contractor shall be advised immediately by the Contracting Officer or their Designated

Representative that such personnel cannot continue to work or be assigned to work under the contract. The

Contractor must then take action to remove the employee from the GSA contract.

4.3 Criteria for Eligibility: Refer to GSA Order 9732.1 or 5 CFR 731 which outlines the disqualifying and mitigating factors for personnel acceptance.

4.4 Prior Background Investigation: Contract personnel background investigations obtained through this process may be acceptable if the it can be validated equal to or higher level than required of the contract, and there is no break in service from which that favorable suitability was provided. The employee still needs to be vetted through the GSA

HSPD-12 process to consider the applicant’s claim to possessing an active suitability, and being granted access under this GSA contract.

4.5. Identification Credential: When GSA initiates a National Agency Check with Written Inquiries (NACI) suitability investigation and the applicant receive a favorable initial suitability Enter on Duty (EOD) determination, access to the facility or IT system is typically granted at that time. If there is a requirement that in addition, a credential is to also be issued, the Contract employee will need to enroll, and then activate that credential prior to being granted access to the facility or IT system. Credentialing requirements, when applicable, are describe later in this section.

A. Contractor personnel with credentials shall be required to comply with all applicable access security screening procedures applicable to Government or other personnel possessing similar credentials, or as determined by the building practices as defined by the Facility Security Committee.

B. All Contractor personnel possessing credentials (PIV or otherwise) shall visibly display their credentials at all times while in the building(s) where work is being performed.

C. The Contractor shall be responsible for ensuring that all identification credentials are returned to the GSA when Contactor personnel are no longer employed, providing service under the contract, the contract ends or the employee preliminary access is revoked.

D. The Contractor shall notify the GSA when credentials are lost. If the Contractor is determined to be negligent, the Contractor may be responsible for reimbursing the Government for its cost in issuing a replacement credential.

4.6 Contractor personnel may be required to submit additional personnel information to other Government

Agencies affected by the contract work and based on working within that Agency’s space.

PART 5 - GSA FINGERPRINTING CREDENTIAL CARD: CONTRACTOR’S TRAVEL COSTS

5.1. Contractor personnel who require routine access to GSA-controlled facilities and/or access to GSA IT systems must receive a preliminary favorable HSPD-12 security background investigation, before receiving a GSA credential card. Fingerprinting, however, is required for all applicants to receive an investigations. Therefore, all applicants will be required to visit a credentialing center as described below to enroll and be fingerprinted. Not all contractors, however, will receive a HSPD-12 credential and need to return for pick-up and activation of that credential.

5.2. Following a favorable HSPD-12 security background investigation, Contractor personnel may be required activate a GSA credential card at a designated location. The credential card is also a photo Identification card, which includes biometric information. The following information is provided to assist the Contractor in estimating the costs that may be associated with this requirement. The Contractor will be expected to utilize the nearest credentialing site to their offices, closest the applicant’s residence or place of contract performance. The credentialing station may be a mobile station in the area, or as a fixed open station whose location(s) can be located through the following source: http://www.fedidcard.gov/centerlocator.aspx. Credentialing centers that are listed as “Open to all Agency personnel” are open to all customer agencies including GSA Contractors.

Credentialing centers that are listed as “For use by personnel from this Agency only” mean that they are only open to personnel of that specific agency that is hosting that credentialing center. Currently a minimum of two visits to a credentialing center may be required to enroll and activate the GSA credential. The first visit is to enroll for the credential, and the second visit may be required to pick-up and activate the credential. Travel distance to a credentialing center will vary based on availability of enrollment and activation stations identified in the link above. Additional visits to a credentialing center may also be required if the card holder needs to recertify their credential certificate (every 3 years), or when the employee will need to renew their GSA credential that has expired (every 5 years). Additional visits may also be required for lost or damaged credentials needing replacement.

5.3. If a GSA credential card is required, the Contractor would be responsible for all travel and labor costs associated with fingerprinting to meet the background investigation along with the credential card enrollment and activation steps to meet HSPD-12 requirements. Travel costs may be comprised of mileage, vehicle rental, or other modes of transportation, per diem, and lodging. These costs are considered reasonable to the extent that they do not exceed, on a daily basis, the maximum rates in effect at the time of travel, as set forth in the Federal Travel

Regulation, Chapter 301 – Temporary Duty (TDY) Travel Allowances, which can be accessed at the following website: http://www.gsa.gov/ftr. Information on Privately Owned Vehicle (POV) Mileage Reimbursement Rates can be accessed at the following website: http://www.gsa.gov/travelpolicy.

5.4 Any annual training requirements associated with IT access that may be required for continued use of the GSA credential is expected to be completed within a timely fashion. Otherwise, the employee’s access may be revoked and the credential taken away.

A. GENERAL INDUSTRY SAFETY AND HEALTH STANDARDS

The Department of Labor OSHA requires that all contractors involved in construction on Government owned or leased property comply with the Incorporation of General Industry Safety and Health Standards applicable to Construction Work and Technical Amendments, Final Rule 29 CFR Parts 1910 and 1926 as published in the Federal Register Volume 58, No. 124, June 30, 1993.

In addition, any Contractor that performs construction type work on any GSA project as defined by the

Scope of the referenced regulation is required to (1) provide and maintain his own protective equipment and devices, etc; and (2) require all subcontractors used on site to follow these same provisions in the regulation.

B. SAVE HARMLESS AND INDEMNITY AGREEMENT

The Contractor shall save and keep harmless and indemnify the Government against any and all liability claims, and cost of whatsoever kind and nature of injury to or death of any person or persons and for loss or damage to any property (Government or otherwise) occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work in connection with this contract, or in connection with his selling or offering to sell construction materials on the site, resulting in whole or in part from the negligent acts or fault of Contractor, any subcontractor, or any employee, agent, or representative of

Contractor or any subcontractor.

C. SUPPLEMENTAL INSURANCE REQUIRMENTS

The following information supplements Section III.L., Insurance Requirements if hazardous materials are removed, transported or disposed of as part of this contract:

POLLUTION LIABILITY INSURANCE

Hazardous Material shall mean any hazardous or toxic substance or waste as defined in any environmental law, regulation, rule, ordinance, by-law, order or determination of any governmental or judicial authority at the federal, state, or local level applicable to the relevant site. It includes, but is not limited to, any petroleum or petroleum product, asbestos, polychlorinated biphenyls (PCB's), contaminated equipment, and underground and aboveground storage tanks and the contents thereof.

The contractor shall provide to GSA the scheduled insurance coverage described below, without exclusion, for liabilities arising out of the removal and transportation of hazardous materials. All insurance shall be provided to GSA by the contractor or its subcontractor performing the work and name GSA as an additional insured and certificate holder.

The coverage shall be a minimum of $1,000,000.00 per occurrence for all projects. If the contractor provides sufficient written proof to the Contracting Officer that occurrence coverage is not available from the insurance industry for the required coverage but is available on a claims made basis, then such coverage shall begin on the date of the contract award and shall survive for a minimum of three (3) years following the date that the last of any hazardous materials were removed, transported, disposed of and/or deposited at an appropriate

EPA licensed facility. If insurance is available from the insurance industry on an occurrence basis, coverage shall survive the period of performance of this contract and beyond until such time as is reasonable that a claim might arise out of the work performed, such period of time being no less than seven (7) years. Additionally, all insurance coverage shall survive until all hazardous materials are disposed of in an ultimate EPA licensed disposal facility, including an incinerator, and until all federal, state and local environmental requirements have been complied with, whether such compliance is the obligation of the contractor, its subcontractor, GSA or other third parties. All disposal facilities shall provide GSA written evidence that they are licensed EPA disposal facilities and that they maintain pollution liability insurance of not less than $1,000,000.00, which covers all claims arising from the disposal facilities' handling and storage of the hazardous materials. Pollution liability insurance for the transportation of the hazardous material may be carried by the transporter with limits not less than $1,000,000.00 per occurrence and, unless otherwise waived in writing by the Contracting Officer, shall name GSA and the contractor as additional insured.

D. STANDARD OF CONDUCT

Contractor and contractor's representatives shall demonstrate a cooperative, positive, welcoming, respectful, professional, and businesslike demeanor and shall present a neat, job-appropriate (professional) appearance.

E. CPM PROJECT SCHEDULE – ADDITIONAL REQUIREMENTS

If the timeframes for submitting and updating a Project Schedule are different than the “standard” dates noted in

Section III.D., CPM Project Schedule, include them here.

F. PHOTOGRAPHY SERVICES

(Please read the information below to determine if Photography Services are required for your procurement)

The scope was written by the Office of Customer Service and is to be used on projects. The goal is to capture GSA successes on major renovation, new construction, First Impressions, child care, art-in-architecture, and historic preservation projects.