The Agreement NCRPBSCSD2IDIQJOC 2020 08 10.pdf

Sol. Reference No. GSANCRPBSOOACSD2IDIQJOCC

August 10, 2020

(The Agreement)

National Capital Region 11 Indefinite Delivery/Indefinite Quantity (IDIQ) Two Single Award Job Order Construction Contracts (JOCC) for projects under the Simplified Acquisition Threshold (SAT) for the Department of Education and FDA White Oak Federal Research Campus

The Agreement

Notice to Offerors of Competition Limited to Eligible 8(a) Participants

The General Services Administration (GSA) is setting aside the contract under the following clause found in the Agreement 52.219-18, Notification of Competition Limited to Eligible 8(a) Concerns

Table of Contents

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

II. Prices A. Contract Price 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. Working Hours L. Additional Terms and Conditions

1. Contractor Use of Premises

2. Key Sustainable Products

3. Waste Diversion Requirements

4. Safety and Heath

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. FAR 52.216-18 Ordering (OCT 1995)

21. FAR 52.216-19 Ordering Limitation (OCT 1995)

22. FAR 52.216-22 Indefinite Quantity (OCT 1995)

23. FAT 52-217-9 Option to Extend the term of the contract (MAR 2000)

24. Additional Clauses

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

ii. GSAR 552.236-73 Subcontracts (MAR 2019)

iii. GSAR 552.236-77 Government Right to Exercise the Option (MAR 2019)

iv. GSAR 552.243-71 Equitable Adjustments (MAR 2019)

25. Special 8(a) Requirements

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

B. Clauses Incorporated by Reference C. Subcontract Requirements

I. Project Information

I.A. Project Summary

This is a two (2) Single Awards Indefinite Delivery/Indefinite Quantity (IDIQ) Job Order Construction Contract (JOCC) for projects under the Simplified Acquisition Threshold (SAT). One award will be made for each of the following geographic locations below:

(1) FDA White Oak Federal Research Campus, 10903 New Hampshire Avenue, Silver Spring, MD 20903

(2) Department of Education, 400 Maryland Avenue, SW, Washington, DC

20024

The work will be performed when authorized by properly executed Task Orders (GSA300)’s which will be issued from time to time for various quantities and types of work provided for in this contract. This authorized work shall be performed only at Government-owned buildings and/ or Government-leased space where GSA has either repair responsibility or authority. This Contract involves a Base Year and Four (4) One (1) Year Options. The North American Industry Classification (NAICS) Code for this project is: 236220 Repair or Alterations of Other Administrative Facilities & Service Buildings, size standard $39.5 million. The maximum value (total of the base and all optional periods) is $5,000,000.00 per contract.

Offerors will propose individual bid factors (one per year) to be applied to the base year and each option period, which would then be multiplied by the applicable priced line items for each order.

The field office will procure construction services by utilizing priced line items from the RSMeans data book.

The scope of work for project executed by Task Orders under this Contract include various minor construction, repair and alteration, exterior or interior improvements for the GSA and other government agencies in occupied federally owned buildings. The contractor will be furnishing all the necessary supervision, labor, parts, tools, materials, equipment, etc., (except as may otherwise be provided for in the specifications).

I.B. The Contract The Contract consists of the SF1442 with the supplement of the 1442, the Solicitation, the Agreement 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. Specifications and Other Attachments

The following documents are incorporated by reference into this Contract.

(1) The Solicitation

(2) SF 1442 Solicitation, Offer and Award with Supplement to SF 1442

(3) Wage Determinations – (For Each Location)

(4) The Agreement

(5) Certification and Representation

(6) GSA 527 Contractor’s Qualification and Financial Information

(7) Staffing and Subcontractor Relationship form

(8) Project Past Performance Questionnaire Form

(9) Contract Past Experience Past Performance Questionnaire Form

I.D. Period of Performance

The Initial Contract period shall be for a period of twelve (12) months from the date of contract award. This will be a base contract with four (4) options year periods. Task Orders may be placed under this Contract from the date of award through the expiration date of said Contract.

I.E. Contract Value

The awarded Contractor will be guaranteed a minimum of $1,000.00 for the entire contract duration (maximum potential of five (5) years) to be executed ONLY during the base year, which can be satisfied by the award of one Task Orders during the respective Contract period. In the event a firm does not receive an award under this contract, the Government will reimburse the Contractor for the difference between the actual obligation and the guaranteed minimum. The maximum value (total of the base and all optional periods) of a contract awarded as a result of this solicitation is $5,000,000.00. Refer to Section IV.A. FAR 52.216-19 (Order Limitations) which specifies Task Order limitations.

If the Government’s requirements for construction set forth in the Contract do not result in Task Orders in the amounts described throughout the Contract as estimated or maximum dollar values, the event shall not constitute the basis for an equitable price adjustment under any resultant Contract.

I.F. Task Orders

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

(a) Date of order;

(b) Contract and delivery order number;

(c) Appropriation and accounting data;

(d) Description of the services to be performed;

(e) Period of time in which the services are to be performed;

(f) List of Government-furnished material and the estimated value thereof, if applicable;

(g) Description of Project and/or Building Specific Conditions (if any)

(h) Other pertinent information such as drawings, sketches, and scope of work as appropriate; and,

(i) Inspection/Acceptance

(j) Invoice/Payment Information

(k) Signature of warranted ordering official.

I.G.1. Task Order Performance Periods

The time for completion for each Task Order shall be determined under each individual Task Order. Task Orders under this contract may be awarded by the designated, warranted ordering officials at any time within the Contract period. The actual performance of the work may extend beyond the Contract period.

Each task order shall specify dates for starting work and completing work at the job site. The starting date shall not be less than two (2) calendar days (except as may be otherwise agreed upon and between the Ordering Official and the contractor) after issuance of the task order. Time shall be computed starting with the date the task order was received by the contractor.

I.G.2. Liquidated Damages Rate

Liquidated Damages are established at a rate of $100.00 per day for Task Orders issued under the Contract. This amount will be deducted from the respective Task Order value for each day a contractor has not reached substantial completion beyond the established completion date.

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

I.G.3.a. Task Orders under this Contract shall be ordered on GSA Form 300 by a designated warranted ordering official, for various quantities and types of work provided for in this contract.

I.G.3.b. For each task order the contractor or the contractor’s designated representative shall respond in writing or in person to the Ordering Official within 24 hours. Time shall be computed starting with the date and time the task order is received by the contractor by email.

I.G.3.c. Any Task Order issued during the effective period of this Contract, and not completed within the period, shall be completed by the Contractor within the time specified in the Task Order.

The Contract shall govern the Contractor and Government’s rights and obligations with respect to that order as if the order were completed during the Contract period.

I.G.3.d. The Davis-Bacon wage rates are issued annually, with the base and each/any option, and will apply to each Task Order issued within that respective one-year period. Refer to FAR 52.222-

30. No adjustment will be allowed to the proposed bid factors for each period (base and each/any option).

I.G. Work Conditions/Site Requirements

Knowledge of Conditions Affecting Price. Clauses FAR 52.236-27, Site Visit - Construction, FAR 52.236-3, Site Investigations and Conditions Affecting the Work, and FAR 52.236-3, Site Investigations and Conditions Affecting the Work, are incorporated by reference in this Contract and any Task Orders resulting from this contract.

The Contractor shall be presumed to have established its bid factor and task order proposal with knowledge of general and local conditions that may affect the cost of Contract performance at the site where the Work is to be performed, to the extent that such information is reasonably obtainable.

Contractors are urged and expected to inspect the site where the work will be performed and Tasks Orders will provide instructions on how and when visits can be conducted.

No oral statement made by a Government representative during any site visit or preproposal conference, nor any written record of such oral statements as may be made and subsequently furnished to the offeror, will be deemed to have the effect of adding to, modifying, or otherwise varying from the written provisions of the request for proposals (including, but not limited to specifications, drawings and written amendments to the solicitation). In the event the discussion or questions raised during the site visit or preproposal conference indicate a need to modify the request for proposals, an amendment to the solicitation will be issued in writing.

Each individual Task Order will specify any known, unique site requirements.

I.H. 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:

Contract Specialist’s Information Georgia Robinson 1800 F Street, NW, Washington, DC 202-710-5427 Email: georgia.robinson@gsa.gov

Contracting Officer’s Information Ingrid J. Blair 1800 F Street, NW, Washington, DC 202-379-8333 Email: Ingrid.blair@gsa.gov

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

(3) The Contracting Officer identified in I.I.1 will provide awardee with the warranted GSA ordering officials for this Contract at time of award.

I.I. Buy American Exceptions

Bid Factors submitted by Contractors shall assume no exceptions to Buy American Requirements.

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

mailto:georgia.robinson@gsa.gov mailto:Ingrid.blair@gsa.gov

II. Prices

II.A. Contract Pricing

Pricing for this contract will be based upon the 2020 Facilities Construction Cost with RS Means Data Book (hereafter referred to as the RS Means Book). The RS Means Book will be used for the duration of this Contract. The version of RS Means Book that is current on the date of contract award shall be utilized until each option period is exercised. Thereafter, the calendar year edition/version of the RS Means Book that is current on the date that each option is exercised shall be utilized. This book may be purchased through:

RS Means 1099 Hingham Street, Suite 201 Rockland, MA 02370 1-800-334-3509 https://www.rsmeans.com/products/books.aspx

The “Total Includes O&P” Cost from the RS Means Book, when multiplied by the Offeror’s proposed Bid Factor, will establish Task Order pricing. The “Total Includes O&P” Cost of a unit of work will be determined by the RS Means column entitled “Total Includes O&P”, NOT the column entitled “Bare Cost”.

NOTES:

The City Cost Index from the RS Means Book will NOT be applied to the “Total Includes O&P” Costs. Any adjustment for location must be included in the offeror’s Bid Factor. Additionally the Division 1 – General Requirements section from the RS Means Book will NOT be allowed when pricing task orders under the contract. Any consideration for Division 1 – General Requirements must be included in the offerors bid factor.

EXAMPLE: A Bid Factor of 0.85 would result in 85 percent of the listed “Total Includes O&P” Cost when establishing pricing within the Task Order; and 1.00 would leave the actual “Total Includes O&P” Cost values as your proposed pricing.

Firm-Fixed Price Job Order Example: The following sample calculations illustrate how Task Order pricing will be established using the RS Means Book and contractor’s Bid Factor. All Bid Factors, “Total Include O&P” Costs, and dollar figures are fictitious.

“Total Includes O&P” Cost (Labor, Material and Equipment) $10,000.00 Bid Factor (Base Year) – Zone 1 @ 85% X 0.85

TOTAL JOB ORDER PRICE $8,500.00

The Bid Factors are proposed as a percentage (in decimal format) increase or decrease to the RS Means Book. The offeror shall limit the Bid Factors to two (2) decimal places. The offeror shall propose a Base Year Bid Factor and an Option Year Bid Factor for each Option Year.

The offeror’s Bid Factors must be ALL INCLUSIVE and shall include, but is not limited to, the following costs:

1. Labor (During Normal Work Hours)

2. Materials

3. Equipment

4. Subcontractor costs

5. Subcontractor mark-ups

6. General / Prime Contractor Overhead

7. General / Prime Contractor Profit and risk

8. Bond premiums

9. Social security contributions

10. General insurances

11. Workman’s compensations insurance

12. State unemployment insurance

13. Federal unemployment insurance

14. Mobilization and demobilization costs

15. Site cleanup

16. Labor adjustments between the RS Means given labor rates and the Davis/Bacon

Labor Rates included in the contract

17. Supervision

18. Quality control

19. Transportation of contractor’s personnel to, from, and within the job site

20. Shipping of all materials to the jobsite

21. Adjustment factors to account for small jobs

22. Incidental tools and equipment

23. Submittals

24. Job Order preparation costs

25. All contingencies

26. All Division 1 - General Requirements

27. All Division 2-52 requirements of the Contract

II.B. Contract Price Form

See the attached SF 1442 and Supplement to SF 1442.

III. Terms and Conditions

III.A. Commencement, Prosecution, and Completion of Work

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

The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of the Work, as defined in GSAR 552.211-70 Substantial Completion (Mar 2019) and the time specified in Section I (Project Information), “Period of Performance” clause. If the Contract specifies different completion dates for different phases or portions of the Work, the Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of such phases or portions of the Work within the times specified.

III.B. Contractor Responsibilities

GSAR 552.236-71, Contractor Responsibilities is located in Section IV.A. of this Agreement and is supplemented as follows:

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

III.B.1. For the purposes of FAR 52.236-1 Performance of Work by the Contractor, the Contractor shall perform at least fifteen percent (15%) of the work.

Unless otherwise expressly stated in the Contract, the Contractor shall be responsible for all means and methods employed in the performance of the Contract.

III.B.2. The Contractor shall be responsible for coordinating all activities of subcontractors. This responsibility includes coordination of: preparation of shop drawings produced by different subcontractors where their work interfaces or may potentially conflict or interfere and the installation of such work; scheduling of work by subcontractors; and use of the Project site for staging and logistics.

III.B.3. Where installation of separate Work components as shown in the Contract Documents will result in conflict or interference between such components or with existing conditions, including allowable tolerances, it is the Contractor's responsibility to bring such conflict or interference to the attention of the Contracting Officer and seek direction before fabrication, construction, or installation of any affected work. If the Contractor fabricates, constructs, or installs any work prior to receiving such direction, the Contractor shall be responsible for all cost and time incurred to resolve or mitigate such conflict or interference.

III.B.4. Where drawings show work without specific routing, dimensions, locations, or position relative to other work or existing conditions, and such information is not specifically defined by reference to specifications or other information supplied in the Contract Documents, the Contractor is responsible for routing, dimensioning, and locating such work in coordination with other work or existing conditions in a manner consistent with Contract requirements.

III.B.5. It is not the Contractor's responsibility to ensure that the Contract Documents comply with applicable laws, statutes, building codes and regulations. If it comes to the attention of the Contractor that any of the Contract Documents do not comply with such requirements, the Contractor shall promptly notify the Contracting Officer in writing. If the Contractor performs any of the Work prior to notifying and receiving direction from the Contracting Officer, the Contractor shall assume full responsibility for correction of such work, and any fees or penalties that may be assessed for non-compliance.

III.B.6. The Contractor shall immediately bring to the Contracting Officer's attention any hazardous materials or conditions not disclosed in the Contract Documents discovered by or made known to the Contractor during the performance of the Contract.

III.B.7. The Contractor must submit a safety plan before commencing work.

III.B.8. The Contractor assumes the risk of, and shall be responsible for, any loss, damage, destruction, or theft of Government property upon its delivery to the Contractor as Government-furnished property. However, the Contractor is not responsible for reasonable wear and tear to Government property or for Government property properly consumed in performing this Contract.

III.B.9. Contract authority must be vested within the contractor’s designated on-site key personnel. During the execution of each task order one of the contractor’s designated people with contract authority must respond within 24 hours of being contacted by the owner representative.

III.B.10. The contractor will not be provided office space and limited (if any) storage space for materials under this contract, and thus shall be responsible for providing it themselves.

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 $250,000. 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 $500,000 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 $250,000 per person and $1,000,000 per occurrence for bodily injury and $50,000 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) Construction Contract Clauses (Section IV of the Agreement)

(2) Other Provisions of the Agreement (Sections I, II, and III.A of the Agreement)

(3) Specifications and Other Attachments (Section I.B.1 of the Agreement)

(4) The Task Orders Contract

All Task Orders are subject to the Contract requirements. In case of inconsistency between a Task Order and the Contract, the Contract shall control due to Order of Precedence.

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:

"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. 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.

(d) Break In Service - GSA will not require a new personnel security investigation for new employees and contractors provided:

a. The individual has undergone the same level or higher investigation than the one required for the new job.

b. The investigation was completed and the adjudication results were favorable.

c. It has been less than 2 years since the end of their last contract at GSA.

d. Contractor will submit new CIW if working on different contract.

In general, HSPD-12 guidelines specify that GSA shall not re-adjudicate contractors with previous personnel investigations.

(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 non-electronic form or on portable electronic data storage devices. Portable electronic data storage devices include, but are not limited to CDs, DVDs, and USB drives.

Non-electronic 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 http://www.sam.gov/ may be returned to the CO.

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

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

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

III.I. Non-Compliance with Contract Requirements

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

III.J. Safeguarding Sensitive Data and Information Technology Resources

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

These policies can be found at Directives Library.

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

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

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

Agency and Contractor Employees with Significant Security Responsibilities

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

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

Technology for Individuals with Disabilities

6. CIO 2106.1 GSA Social Media Policy

7. CIO 2107.1 Implementation of the Online Resource Reservation Software

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

9. CIO 2162.1 Digital Signatures

10. CIO P 2165.2 GSA Telecommunications Policy

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

(Pll)

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

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

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

15. CIO 2102 Information Technology (IT) Integration Policy

16. HCO 9297.1 GSA Data Release Policy

17. HCO 9297.2B GSA Information Breach Notification Policy

18. ADM P 9732.1 D Suitability and Personnel Security

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

III.K. Working Hours

For the purposes of the Contract Pricing and establishing a Bid Factor, normal work hours shall mean 6:00 a.m. through 6:00 p.m. Monday through Friday and exclude Federal Holidays. For Task Orders, normal work hours are To Be Determined because they are unique to each building. However, normal work hours will still be within the range of 6:00 a.m. to 6:00 p.m.

It is estimated that up to 50 percent of the work performed under this contract could be performed during other than normal working hours or days.

If the Government’s estimates for working hours, or any other contract provision, set forth in the Contract do not result in the amounts described throughout the Contract as estimated, the event shall not constitute the basis for an equitable price adjustment under any resultant Contract.

The following Federal Holidays are observed;

New Year’s Day (January 1) Martin Luther King’s Birthday (3rd Monday in January) President’s Day (3rd Monday in February) Memorial Day (Last Monday in May) Independence Day (July 4) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11) Thanksgiving Day (4th Thursday in November) Christmas Day (December 25)

If a Federal Holiday falls on a Saturday, the holiday will be observed on the proceeding Friday, if the Federal holiday falls on a Sunday, the holiday will be observed on the following Monday.

III.L. Additional Terms and Conditions

III.L.1 Contractor Use of Premises

The Contractor will review and document the existing conditions surrounding the project premises.

Provide documentation to the Government prior to the commencement of any construction activity.

The Contractor shall limit use of the premises to the work in areas indicated, and to allow for Government occupancy and public use.

Confine operations at the site to areas indicated. Do not disturb portions of the site beyond the areas in which Work is indicated.

- Keep driveways and entrances serving the premises clear and available at all times to the Government, Government employees and to visitors. Do not use these areas for parking or storage of materials.

- Schedule deliveries to minimize space and time requirements for storage of material and equipment on site.

- Maintain existing building in a safe and weather-tight condition throughout the construction period. Repair damage caused by construction operations to the satisfaction of the government. Take precautions to protect the building, its occupants and the public during the construction period. A representative of the Contractor shall be available to arrive on site within one (1) hour of notice should an emergency occur.

- Keep public areas, such as hallways, stairs, lobbies and toilet rooms, free from accumulation of waste material, rubbish, construction debris and construction materials.

- Space on the premises will be made available for the Contractor's storage and related activities, provided that its use will not interfere with operations of the Government. Arrange and gain approval for use of this space through the Contracting Officer Representative.

- Use of the existing loading dock facilities will be shared with Government activities on a first-come-first-served, wait-your-turn basis.

- Existing materials and equipment that are removed as part of the construction operations, and that are not reused or designated to be salvaged as Government property, shall become the property of the Contractor and shall be removed from the site. Storage or sale of excess salvageable materials and equipment is not permitted on site.

- Pollution producing equipment shall not be located near air intakes where airborne smoke or fumes could be drawn into the building. When not required for powering unloading operations, turn off engines when docked.

- Smoking is not permitted in or around the building.

- No parking will be available on site during normal hours. The Contractor and Contractor's employees shall make their own arrangements for vehicle parking off site.

- No apparatus with an open flame is allowed to be used within the facility without the prior receipt of a burn permit. Contact the Field Office to obtain burn permits. Burn permits are required for each separate occurrence.

- The work shall be sequenced to minimize disruption to building occupants, visitors, and maintenance activities. To the greatest extent feasible, demolition work should not take place until supplies are on hand to perform new work.

- Coordinate with the GSA Building Manager and the COR for site access.

- Coordinate with the GSA Building Manager and the COR on correct response procedures for any building system alarms occurring during or resulting from the construction process.

- All building systems outside the immediate construction area shall be kept fully operational during normal working hours.

- Protect building site from flying debris

III.L.2. Key Sustainable Products

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. If the Contractor cannot meet the requirements of this section due to price, performance or availability, the Contractor must supply the Contracting Officer with justification and documentation and must have Contracting Officer’s approval prior to beginning work, i.e. using existing stock, cannot match product, etc.

Price is not a justification for non-compliance. The Contractor’s Bid Factor shall account for compliance with this and all other contract requirements.

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 are listed in the Green Procurement Compilation at https://sftool.gov/green-products/1037/key-sustainable-products?agency=9 and have been pre-certified. For these products, correctly-dated screenshots showing each applicable product on the list are sufficient. All non-KSP products must comply with baseline Federal standards, which are all listed in the “Green Procurement Compilation” at sftool.gov”.

The Contractor must submit compliance documentation to the Contracting Officer Representative and 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 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 Products

Product Category 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 BioPreferred, and Environmental Product Declaration (EPD) available

Concrete (ready-mix and site-mix)

15% fly ash, or 25% ground granulated blast-furnace (GGBF) slag

III.L.3. Waste Diversion Requirements

Unless state or local regulations require a higher percentage, it is required to achieve end-of-Project rates for diversion of fifty (50) percent by weight of total non-hazardous solid waste generated by the Work, unless additional rates are indicated. Practice efficient waste management in the use of materials in the course of the Work. Use all reasonable means to divert construction and demolition waste from landfills and incinerators.

For all Task Orders over $25,000 that are performed in Federal Space, the contractor is required to develop and submit to the GSA COR a Waste Management Plan to ensure that waste is diverted in https://sftool.gov/green-products/1037/key-sustainable-products?agency=9 https://sftool.gov/green-products/1037/key-sustainable-products?agency=9 https://sftool.gov/green-products/1037/key-sustainable-products?agency=9 https://sftool.gov/greenprocurement accordance with the requirements stated in the contract. Contractors are also required to submit a monthly Waste Management Report that details the amount of construction and demolition waste by material diverted and/or recycled as well as the amount sent to the landfill on the project. The Waste Management Reports must be accompanied with the Weight Records, Receipts, Disposal Records, Certificate of Reclamation/Recycling, etc. The Contractor’s Bid Factor shall account for compliance with this and all other contract requirements.

III.L.4. Safety and Health

In addition to publications referenced in the Construction Contract Clauses, the following Code of Federal Regulations (CFR), publications apply to conduct of the work. . State and local safety and health regulations that apply are not cited herein. Current editions at the date of the agreement apply. The more stringent requirements apply.

1. 29 CFR, Part 1910: Occupational Safety and Health Administration (OSHA) General

Industry and Health Standards.

2. 29 CFR, Part 1926 " Safety and Health Regulations for Construction"

3. 40 CFR 260, "Hazardous Waste Management System"

4. 40 CFR 261, "Identification and Listing of Hazardous Waste."

5. 40 CFR, Part 761, EPA Polychlorinated Biphenyls (PCBs), Manufacturing, Processing, Distribution in Commerce and Use Prohibitions. [GSA Project Team:

Check if any work involves sealant removal as PCBs may be present.]

6. National Fire Protection Association (NFPA) 70E Electrical Safety Requirements for Workplace Safety

7. U.S. Army Corps of Engineers (USCOE) Safety and Health Requirements Manual, EM 385-1-1, current edition.

8. Federal Standard: Fed. Std. 313A, Material Safety Data Sheets, Preparation and the Submission of.

The Contractor shall assume full responsibility and liability for compliance with applicable codes, standards and regulations pertaining to the health and safety of personnel during execution of the Work, and shall hold the Government harmless for any action on the Contractor's part, or that of the Contractor's employees or subcontractors, that results in illness, injury or death.

First Aid and Emergency Response Requirements: The Contractor shall provide for emergency first aid equipment. Additionally, a 20-pound ABC-rated fire extinguisher shall be maintained on-site as well as absorbent material of sufficient quantity to collect any spill which might occur…