CHAPTER 1 – TERMS OF THE SOLICITATION, OFFER AND AWARD · “Agency Protest Official for GSA”...

Armed Forces Retirement Home Design Build Services Request for Proposal Gulfport, Mississippi 21 May 2007

General Services Administration 1 Public Buildings Service Southeast Sunbelt Region Chapter 1 Real Estate Design and Construction

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CHAPTER 1 – TERMS OF THE SOLICITATION, OFFER AND AWARD

Section Title 00100 Solicitation, Offer and Award (GSA Standard Form 1442)

00120 Supplementary Instructions to Offerors

Supplementary Instruction to Offerors

Solicitation Provisions

00200 Instructions to Offerors

Introduction

Overview of the Procurement Process

Evaluation Factors

Relative Importance of the Evaluation Factors

Format of the Proposal

Submitting the Proposal

00300 Information Available to Offerors

00600 Bonds, Representations and Certifications

Bid Bond, Standard Form 24

Performance Bond, Standard Form 25

Payment Bond, Standard Form 25A

Representations and Certifications

00700 Construction Contract Clauses

Construction Contract Clauses

00800 Supplementary Conditions

00900 Labor Standards Provisions

Labor Standards Provisions

Wage General Decision

Armed Forces Retirement Home Design Build Services Request for Proposal Gulfport, Mississippi 21 May 2007

General Services Administration 2 Public Buildings Service Southeast Sunbelt Region Chapter 1 Real Estate Design and Construction

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Armed Forces Retirement Home Design Build Services Request for Proposal Gulfport, Mississippi May 21, 2007

General Services Administration 1 Public Buildings Service Southeast Sunbelt Region Section 00100 Real Estate Design and Construction

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SECTION 00100

• Standard Form 1442 END OF SECTION 00100



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GS-04P-07-MKC-00?? X 21 May 20071 3

4PFA-07-0170 N0097530

GSA, Southeast Sunbelt Region, PBS, 4PFAReal Estated Design and Construction401 W. Peachtree Street, NW, Suite 2500Atlanta, GA 30308-3510

Lawrence Hales (ID ???)[email protected]

See attached RFP # GS04P07MKC00??

15 854X X

X 15

0 1600 7/9/07

X

60


General Services Administration 1 Public Buildings Service Southeast Sunbelt Region Section 00100 SF 1442a Real Estate Design and Construction

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Supplies and Services Prices/Costs

Item No. Supplies/Services Quantity Unit Unit Price Amount

0001 Design-Build Construction complete, commissioned and ready for occupancy 1 EA

0002

Allowances: 1. Interior Building Signage 2. Window Treatments 3. Hall of Honor Finishes

1

1

1

EA EA EA

0003

Option #1 Additional 170 rooms of Independent Living and 24 rooms of Long Term Care Living resident Units, including all associated space per Program of Requirements

1 EA

0004 Option #2: Add new swimming pool, changing rooms and associated equipment and demolish, re-grade and landscape existing pool area

1 EA

Total


General Services Administration 2 Public Buildings Service Southeast Sunbelt Region Section 00100 SF 1442a Real Estate Design and Construction

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SECTION 00120

• Supplementary Instruction to Offerors • Solicitation Provisions

END OF SECTION 00120



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SECTION 00120 - SUPPLEMENTARY INSTRUCTIONS TO OFFERORS PART 1. GENERAL

1.01 PROPOSAL DOCUMENTS: We request your cooperation in returning the proposal

documents to the Technical Advisor to the GSA Contracting Officer, Thomas Milos, c/o Jacobs 1100 North Glebe Road, Suite 500, Arlington, VA 22201 within 30 calendar days after proposal opening date.

1.02 EXPLANATION TO OFFEROR: Requests for clarification or interpretation of proposal

documents must be submitted not less than 10 calendar days prior to date for receipt of proposals and in accordance with the requirements of the clause Explanation to Prospective Offerors as contained in "Solicitation Provisions (Negotiated)".

PART 2. SMALL BUSINESS

2.01 NOTICE TO SMALL BUSINESS FIRMS: A program for the purpose of assisting qualified small business concerns in obtaining certain bids, payment, or performance bonds that are other wise not obtainable is available through the Small Business Administration (SBA). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.

2.02 NAICS CODE AND SMALL BUSINESS SIZE STANDARD:

a. The NAICS code for this acquisition is 236220 b. The small business size standard is $ 28.5 million.

PART 3. PROPOSALS

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PART 4. PRE-PROPOSAL REQUIREMENTS AND NOTICES

4.01 FAR 52.236-27 Site Visit (Construction). (Feb 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed. (b) Site visits may be arranged during normal duty hours by contacting: Name: Thomas Milos Address: c/o Jacobs

1100 North Glebe Road, Suite 500 Arlington, VA 22201

Telephone: 571-218-1396

(End of provision)

Alternate I (Feb 1995). If an organized site visit will be conducted, substitute a paragraph substantially the same as the following for paragraph (b) of the basic provision:



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(b) A mandatory Pre-proposal Conference is scheduled for 19 June 2007. See Section 00300 for further information.

PART 5. AVAILABILITY OF REFERENCE DOCUMENTS:

5.01 FAR 52.211-1 - AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR Part 101-29. (AUG 1998): (a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-- GSA Federal Supply Service Specifications Section, Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978. (b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee. (End of provision)

5.02 AVAILABILITY OF OTHER REFERENCE DOCUMENTS: Other reference documents cited in this solicitation may be obtained from the organizations responsible for their preparation, maintenance, and publication. These are listed in the section, DEFINITIONS AND STANDARDS, of the technical specifications.

PART 6. FAR 52.233-2 SERVICE OF PROTEST (AUG 1996):

6.01 (a) Protests as defined in Section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

General Services Administration, R4, 401 W. Peachtree Street, NW Suite 2500, 4PGB Atlanta, GA 30308-3510

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (END OF PROVISION)



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PART 7. GSAM 552.233-70 PROTESTS FILED DIRECTLY WITH THE GENERAL SERVICES ADMINISTRATION (MAR 2000): (a) The following definitions apply in this provision:

“Agency Protest Official for GSA” means the official in the Office of Acquisition Policy designated to review and decide procurement protests filed with GSA.

“Deciding official” means the person chosen by the protester to decide the agency protest. The deciding official may be either the Contracting Officer or the Agency Protest Official.

(b) The filing time frames in FAR 33.103(e) apply. An agency protest is filed when the protest complaint is received at the location the solicitation designates for serving protests. GSA’s hours of operation are 8:00 a.m. to 4:30 p.m. Protests delivered after 4:30 p.m. will be considered received and filed the following business day.

(c) A protest filed directly with the General Services Administration (GSA) must:

(1) Indicate that it is a protest to the agency.

(2) Be filed with the Contracting Officer.

(3) State whether the protester chooses to have the Contracting Officer or the Agency Protest Official for GSA decide the protest. If the protest is silent on this matter, the Contracting Officer will decide the protest.

(4) Indicate whether the protester prefers to make an oral presentation, a written presentation, or an oral presentation confirmed in writing, of arguments in support of the protest to the deciding official.

(5) Include the information required by FAR 33.103(d)(2):

(i) Name, address, fax number, and telephone number of the protester.

(ii) Solicitation or contract number.

(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protester.

(iv) Copies of relevant documents.

(v) Request for a ruling by the agency.

(vi) Statement as to the form of relief requested.

(vii) All information establishing that the protester is an interested party for the purpose of filing a protest.

(viii) All information establishing the timeliness of the protest (see paragraph (b) of this provision).



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(d) An interested party filing a protest with GSA has the choice of requesting either that the Contracting Officer or the Agency Protest Official for GSA decide the protest.

(e) The decision by the Agency Protest Official for GSA is an alternative to a decision by the Contracting Officer. The Agency Protest Official for GSA will not consider appeals from the Contracting Officer’s decision on an agency protest.

(f) The deciding official must conduct a scheduling conference with the protester within three (3) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.

(g) Oral conferences may take place either by telephone or in person. Other parties (e.g., representatives of the program office) may attend at the discretion of the deciding official.

(h) The following procedures apply to information submitted in support of or in response to an agency protest:

(1) The protester and the agency have only one opportunity to support or explain the substance of the protest (either orally, in writing, or orally confirmed in writing).

(2) GSA procedures do not provide for any discovery.

(3) The deciding official has discretion to request additional information from either the agency or the protester. However, the deciding official will normally decide protests on the basis of information provided by the protester and the agency.

(4) Except as provided in paragraph (5)(ii) below, the parties are encouraged, but not required, to exchange information submitted to the Agency Protest Official for GSA.

(5) If the agency makes a written response to the protest, the following filing requirements apply:

(i) The agency must file its response to the protest with the deciding official within five (5) days after the filing of the protest.

(ii) The agency must also provide the protester with a copy of the response on the same day it files the response with the deciding official. If the agency believes it needs to redact or withhold any information in the response from the protester, it must obtain the approval of the deciding official.

(i) The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable.

(j) An interested party may represent itself or be represented by legal counsel. GSA will not reimburse the party for any legal fees related to the agency protest.



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(k) GSA will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.

(l) The deciding official will make a best effort to issue a decision on the protest within twenty-eight (28) days after the filing date. The decision may be oral or written. If the decision is communicated orally to the protester, the deciding official will confirm in writing within three (3) days after the decision.

(m) GSA may dismiss or stay proceedings on an agency protest if a protest on the same or similar basis is filed with a protest forum outside of GSA.

(End of provision)

PART 8. RELEASE OF DRAWINGS AND SPECIFICATIONS

8.01 (a) The drawings and specifications pertaining to this contract are for the sole use of the contractor and/or to the extent necessary, subcontractors, in preparing a bid/offer on this solicitation and/or in performing this contract. Any other use is prohibited. In addition to the restrictions on disclosure contained in section 27 of the Office of Federal Procurement Policy Act, 41 U.S.C. Sec. 423, for national security reasons, the bidder/contractor shall not further disseminate the drawings and specifications for any purpose beyond that stated in this paragraph. By submission of the bid/offer, the bidder/Offeror warrants that no disclosure of the specifications and/or drawings for an unauthorized purpose has occurred.

(b). The contractor shall be responsible for developing procedures relative to handling, storage, reproduction, safeguarding, and disposition of the drawings and specifications. These procedures shall be designed to prevent unauthorized disclosure of the information throughout the course of contract performance.

PART 9. FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

9.01 (a) Any data required to be submitted on a Standard or Optional Form prescribed by the Federal Acquisition Regulation (FAR) may be submitted on a computer generated version of the form, provided there is no change to the name, content, or sequence of the data elements on the form, and provided the form carries the Standard or Optional Form number and edition date.

(b) Unless prohibited by agency regulations, any data required to be submitted on an agency unique form prescribed by an agency supplement to the FAR may be submitted on a computer generated version of the form provided there is no change to the name, content, or sequence of the data elements on the form and provided the form carries the agency form number and edition date.

(c) If the Contractor submits a computer generated version of a form that is different than the required form, then the rights and obligations of the parties will be determined based on the content of the required form. (End of clause)

PART 10. FAR 52.236-7 PERMITS AND RESPONSIILITY (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and



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municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract. (End of clause)

PART 11. GSAM 552.232-73 Availability of Funds. (SEP 1999)

The authorization of performance of work under this contract during the initial contract period and any option or extension period(s) is contingent upon the appropriation of funds to procure this service. If the contract is awarded, extended, or option(s) exercised, the Government's obligation beyond the end of the fiscal year (September 30), in which the award or extension is made or option(s) exercised, is contingent upon the availability of funds from which payment for the contract services can be made. No legal liability on the part of the Government for payment of any money beyond the end of each fiscal year (September 30) shall arise unless or until funds are made available to the Contracting Officer for this procurement and written notice of such availability is given to the Contractor. (End of clause)



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General Services Administration 1 Public Buildings Service Southeast Sunbelt Region Section 00120 SOL PROV Real Estate Design and Construction

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SOLICITATION PROVISIONS (Negotiated)

1. FAR 52.215-1 INSTRUCTIONS TO OFFERORS-

-COMPETITIVE ACQUISITION (FEB 2000) (a) Definitions. As used in this provision-- "Discussions" are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal. "In writing" or "written" means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information. "Proposal modification" is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award. "Proposal revision" is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations. "Time," if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day. (b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s). (c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision. (2) The first page of the proposal must show-- (i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available); (iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item; (iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and (v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office. (3) Submission, modification, revision, and withdrawal of proposals. (i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due. (ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-- (1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or (2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (3) It is the only proposal received.



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(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award. (4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items. (5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation. (6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award. (7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer. (8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer. (d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days

specified on the solicitation cover sheet (unless a different period is proposed by the offeror). (e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall-- (1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with--the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and (2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. (f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation. (2) The Government may reject any or all proposals if such action is in the Government's interest. (3) The Government may waive informalities and minor irregularities in proposals received. (4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.



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(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal. (6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so. (7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government. (8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government. (9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk. (10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party. (11) The Government may disclose the following information in postaward debriefings to other offerors: (i) The overall evaluated cost or price and technical rating of the successful offeror; (ii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection; (iii) A summary of the rationale for award; and (iv) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(End of provision) Alternate I (Oct 1997). As prescribed in 15.209(a)(1), substitute the following paragraph (f)(4) for paragraph (f)(4) of the basic provision: (f)(4) The Government intends to evaluate proposals and award a contract after conducting discussions with offerors whose proposals have been determined to be within the competitive range. If the Contracting Officer determines that the number of proposals that

would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint. Alternate II (Oct 1997). As prescribed in 15.209(a)(2), add a paragraph (c)(9) substantially the same as the following to the basic clause: (c)(9) Offerors may submit proposals that depart from stated requirements. Such proposals shall clearly identify why the acceptance of the proposal would be advantageous to the Government. Any deviations from the terms and conditions of the solicitation, as well as the comparative advantage to the Government, shall be clearly identified and explicitly defined. The Government reserves the right to amend the solicitation to allow all offerors an opportunity to submit revised proposals based on the revised requirements. 2. FAR 52.222-24 PRE-AWARD ON-SITE EQUAL

OPPORTUNITY COMPLIANCE REVIEW. (FEB 1999)

If a contract in the amount of $10 million or more will result from this solicitation, the prospective Contractor and its known first-tier subcontractors with anticipated subcontracts of $10 million or more shall be subject to a preaward compliance evaluation by the Office of Federal Contract Compliance Programs (OFCCP), unless, within the preceding 24 months, OFCCP has conducted an evaluation and found the prospective Contractor and subcontractors to be in compliance with Executive Order 11246.

(End of provision) 3. FAR 52.237-1 SITE VISIT. (APR 1984) (Applies when services other than construction are to be performed on Government installations.) Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.



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4. FAR 52.247-6 FINANCIAL STATEMENT. (APR 1984)

The offeror shall, upon request, promptly furnish the Government with a current certified statement of the offeror's financial condition and such data as the Government may request with respect to the offeror's operations. The Government will use this information to determine the offeror's financial responsibility and ability to perform under the contract. Failure of an offeror to comply with a request for information will subject the offer to possible rejection on responsibility grounds. 5. FAR 52.222-46 EVALUATION OF

COMPENSATION FOR PROFESSIONAL EMPLOYEES. (FEB 1993)

(a) Recompetition of service contracts may in some cases result in lowering the compensation (salaries and fringe benefits) paid or furnished professional employees. This lowering can be detrimental in obtaining the quality of professional services needed for adequate contract performance. It is therefore in the Government's best interest that professional employees, as defined in 29 CFR 541, be properly and fairly compensated. As part of their proposals, offerors will submit a total compensation plan setting forth salaries and fringe benefits proposed for the professional employees who will work under the contract. The Government will evaluate the plan to assure that it reflects a sound management approach and understanding of the contract requirements. This evaluation will include an assessment of the offeror's ability to provide uninterrupted high-quality work. The professional compensation proposed will be considered in terms of its impact upon recruiting and retention, its realism, and its consistency with a total plan for compensation. Supporting information will include data, such as recognized national and regional compensation surveys and studies of professional, public and private organizations, used in establishing the total compensation structure. (b) The compensation levels proposed should reflect a clear understanding of work to be performed and should indicate the capability of the proposed compensation structure to obtain and keep suitably qualified personnel to meet mission objectives. The salary rates or ranges must take into account differences in skills, the complexity of various disciplines, and professional job difficulty. Additionally, proposals envisioning compensation levels lower than those of predecessor contractors for the same work will be evaluated on the basis of maintaining program continuity, uninterrupted high-quality work, and availability of required competent professional service employees. Offerors are cautioned that lowered compensation for essentially the same professional work may indicate lack of sound management judgment and lack of understanding of the requirement. (c) The Government is concerned with the quality and stability of the work force to be employed on this contract.

Professional compensation that is unrealistically low or not in reasonable relationship to the various job categories, since it may impair the Contractor's ability to attract and retain competent professional service employees, may be viewed as evidence of failure to comprehend the complexity of the contract requirements. (d) Failure to comply with these provisions may constitute sufficient cause to justify rejection of a proposal. 6. GSAM 552.252-5 – AUTHORIZED DEVIATIONS

OR VARIATIONS IN PROVISIONS (SEP 1999) (DEVIATION FAR 52.252-5)

(a) Deviations to FAR provisions.

(1) This solicitation indicates any authorized deviation to a Federal Acquisition Regulation (48 CFR Chapter 1) provision by the addition of "(DEVIATION)" after the date of the provision, if the provision is not published in the General Services Administration Acquisition Regulation (48 CFR Chapter 5).

(2) This solicitation indicates any authorized deviation to a Federal Acquisition Regulation (FAR) provision that is published in the General Services Administration Acquisition Regulation by the addition of "(DEVIATION

(FAR provision no.))" after the date of the provision.

(b) Deviations to GSAR provisions. This solicitation indicates any authorized deviation to a General Services Administration Acquisition Regulation provision by the addition of "(DEVIATION)" after the date of the provision.

(c) "Substantially the same as" provisions. Changes in wording of provisions prescribed for use on a "substantially the same as" basis are not considered deviations. (End of provision)



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SECTION 00200 – INSTRUCTION TO OFFERORS PART1-GENERAL 1.1 Introduction

A. Description of the Project: The project includes but is not limited to, the design and construction of a new retirement home facility, secured parking garage, support facilities and the demolition of selected existing structures vacated at the completion of the project. The new building will replace the existing facilities and provide similar, though greatly improved and expanded functionality. This will be a dedicated campus facility for the Armed Forces Retirement Home. The Chapel restoration project will be managed by the Government under separate contract. However the Chapel will be included as part of the master planning of the Armed Forces Retirement Home. For the project, conduct an engineering investigation and site survey, as needed; design the new structure; clear and excavate the site, relocate and connect various utilities; construct site improvements, and construct new building complete with all related support systems per the requirements of this specification. The new building is to be built on the site in accordance with the limitations of the site plan included in the RFP. The building systems shall provide a dedicated, 24-hour Heating, Ventilation and Air Conditioning (HVAC) system. The dedicated system shall be flexible to accommodate changes to meet future requirements without causing major disruptions to the tenant’s operations. The tenant requires distinct electrical distribution systems. Back-up generator will be provided to serve most building systems with capacity to operate seven (7) continuous days. The main facility shall accommodate increased floor load capacity in designated areas.

B. Rules of Contact

1. Any questions, comments, and correspondence related to this procurement shall be directed to the Contracting Officer as identified in the Procurement Team Directory.

2. Upon receipt of this RFP, no Offeror, any of its team members, or proxy thereof, shall contact or communicate with any member of the MWEOD staff regarding this project. Any such contact will be deemed improper and may result in the disqualification of the Offeror.

3. The Contracting Officer will disseminate official information regarding this project in writing. No oral comments by a member of the Procurement Team or the MWEOD Staff shall change the terms of this RFP, or the resulting contract, in any way.

C. Procurement Team Directory

1. Contracting Officer:

Lawrence Hales Tel: 404-224-2314 Contracting Officer Fax: GSA, Public Buildings Service Email: [email protected] Real Estate Design and Construction, 4PGB Suite 2500 401 W. Peachtree Street, NW Atlanta, GA 30308-3510

2. Contracting Officer’s Representative:

Steven C. Smith Tel: 404-331-0895 Project Executive Fax:



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GSA, Public Buildings Service Email: [email protected] Real Estate Design and Construction, 4PGB Suite 2500 401 W. Peachtree Street, NW Atlanta, GA 30308-3510

1. Technical Advisor/Construction Manager:

Thomas Milos Tel: 571-218-1396 Senior Project Manager Fax: 571-218-1300 Jacobs Email: [email protected] 1100 North Glebe Road, Suite 500 Arlington, VA 22201

D. Pre-proposal inquiry

1. Questions about the technical or contractual details of this procurement may arise during preparation of a proposal. Offerors may submit questions to the Contracting Officer by completing the Pre-Proposal Inquiry form included at the end of this section. If the Contracting Officer finds that a Pre-Proposal inquiry reveals the need to clarify the RFP then the answer to the inquiry may be provided on a non-attribution basis to all other Offerors via an amendment to the RFP.

2. Pre-proposal Inquiries shall be delivered to the address shown on the form.

1.2 Overview of the Procurement Process: A. The procurement process for this project is following a one-step source selection process as

authorized in the Federal Acquisition Regulations, Part 15 and Sub-part 36.3.

B. Proposal Evaluation and Award: Proposals submitted in response to this RFP will consist of a Technical Proposal and a Price Proposal as described later in this section. Those proposals will be evaluated on a combination of quality and price factors.

C. As there is some uncertainty about how much money will be made available for award of this

contract, the pricing for proposals has been structured with a Base Bid and two additive bid items Bid Item 0003 and Bid Item 0004 covering additional scope. See Section 01260 Options for further discussion of the scope for the Base Bid, and Bid Items 0003 and 0004. Technical proposals are to include conceptual designs with, and without, the additive bid items. The Technical Evaluation Board will evaluate the relative merits of each technical proposal using the conceptual design(s) in the proposal. This evaluation will be conducted separately from, and without knowledge of, the actual pricing of each proposal. A Price Evaluation Board will then be convened to evaluate the reasonableness and relative merits of each price proposal. Quality factors and total price (Items 0001, 0002, 0003, and 0004), will then be considered together to determine the best overall value to the Government. Offerors are advised to carefully follow the directions in this section regarding the segregation of price and technical information in the proposal format.

D. Government's Reservation of Rights in Evaluation and Award of the Contract

1. The Government reserves the right to eliminate from consideration for award any or all

Offerors at any time prior to award of the contract; to negotiate with a subset of Offerors judged to be the most competitive (i.e., within a competitive range); to award the contract to other than the Offeror submitting the lowest total price; and to award the contract to the



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Offeror submitting the proposal determined to be the most advantageous to the Government.

2. The Government intends to evaluate and award the contract without discussions with the Offerors if possible. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be advisable. Therefore, each initial proposal should contain the Offeror's best terms for quality and price.

3. Proposals will be evaluated to determine which proposal provides the best value to the Government. Source selection procedures will be used that allow for price/quality tradeoffs to achieve best value. Under this solicitation all evaluation factors other than cost or price, when combined, are approximately equal in importance to cost or price. The Government is concerned with striking the most advantageous balance between technical merit and cost to the Government. No specific numerical weight will be assigned to price for evaluation purposes. Award will be made to that Offeror whose proposal conforming to the solicitation is determined to offer the best trade-off to the Government considering both quality and price factors.

E. Design-Build Execution: The successful Offeror will be a design-build entity contractually responsible for delivering both the project design and construction. The design and construction shall satisfy the functionality and architectural considerations discussed in the RFP not limited to the program for building, the quality, technical features and performance requirements; and all other requirements of this RFP for the awarded scope. The completed building will be delivered per the schedule specified later in this section. Quality control will be the responsibility of the design-build entity. The Government will have an on-site representative to oversee the design-builder's work and evaluate the effectiveness of its quality assurance and quality control procedures. The presence of this on-site representative will not relieve the design-build entity of any responsibility for the conduct or quality of the design or construction.

1.3 NOT USED:

1.4 The Evaluation Factors:

Proposals will be evaluated according to the following quality and price factors:

A. Quality

1. Factor 1 - Conceptual Design a. Information Required: Provide a conceptual design package. Please note that

after the submittal of the Design Concept, no supplemental drawings or information will be evaluated. The Design Concept must be complete at submission that includes at a minimum:

1) Contextual Site/Master Plan 2) Floor plan for each floor of the building 3) Front and Side Elevations 4) Roof Plan 5) An alternate set of floor plans, elevations and roof plans illustrating the design

solution incorporating Additive item 1A 6) Sections: Provide two (2) sections one longitudinal and one latitudinal. 7) Renderings: Renderings shall include interior and exterior perspective view(s). 8) A design narrative that discusses how the proposed designs satisfy the

functionality, performance, and quality requirements of the RFP. The narrative



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should also highlight any features of the proposed designs that improve quality and functionality of the building, campus, shortens the overall project schedule, improves the constructability and maintainability of the buildings, and reduces project risk related to site development. The narrative will also address the philosophy of creating architecture that relates to its surroundings and presents a professional and impressive appearance for its intended use; approach to smoothly incorporating the project requirements into the design while still reflecting the respect for the Armed Forces; demonstrate an understanding of the Government’s requirements for health facilities, senior living community, and design for aging; how the building shall be designed to withstand the effects of a Level Category V (5) Hurricane; and indicate what the contractual relationship will be between the A/E and Lead Designer.

9) Basis of Evaluation: The General Building Requirements, Program Goals, Space Requirements and Systems sections convey the functionality, quality, and performance desired by the Government. Schedule and price, however, are also a consideration in this procurement. Offerors are thus encouraged to propose conceptual designs that are responsive to the prescriptive and performance specifications, affordable, and constructible within the allotted time. Conceptual designs that are judged to meet or exceed the requirements of and presenting an architectural character as described in Systems section will be rated higher than proposals offering less functionality, lower quality, and fewer or simpler architecture features.

10) Format: The Design Narrative. The Design Narrative will be not greater than 10 typewritten pages having uniform 1” margins. Concept Drawings: Renderings shall be in color.

2. Factor 2 - Prior Experience on Similar Projects

a. Information Required: Provide a narrative that discusses the Offeror's experience on

five projects that most closely represent project elements of similar scope, size and complexity. Describe why the submitted project is comparable in nature, type and complexity to the project described under this solicitation. The narrative shall clearly state in what capacity the Offeror worked on the project- as design-builder, designer, or builder, and also highlight whether those projects involved the same design and builder resources as are being proposed for this project. All projects submitted in response to this factor must have been substantially completed within the past five years.

b. Basis of Evaluation: This evaluation factor measures the extent and relevance of the

Offeror's prior experience related to the requirements of this project. The evaluation of experience, may utilize information provided by the Offeror, from Government databases, from queries of previous customers, and other publicly available sources. Failure to provide the requested data could result in a lower rating. The evaluation of experience will consider the depth and extent of the Offeror's experience as a design-builder on projects of similar size, scope and complexity. If the design and builder resources are from different companies, then the extent to which the proposed design-build team has worked together on previous projects will be considered. A more favorable evaluation will be given to each Team Member who, based on a review of the information submitted in accordance with the RFP, demonstrates experience in performing projects of the size, nature and complexity required by the RFP. Projects completed within the last eight (8) years will be more favorably evaluated. All projects must be completed in the last ten (10) years and best



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represent the abilities and past experience of the team member. At least one submitted project must be a design-build project. At least one submitted project must be 75% of the RFP project’s square feet or larger. Submitted projects may satisfy more than one of the criteria stated above and can be used in other categories if that team member worked on that project in the capacity they are proposed for this project. Projects demonstrating knowledge that enhances the built environment and quality of life for an aging society including characteristics, planning, and costs associated with innovative design for aging will receive a more favorable evaluation. A project that possesses more of the similar characteristics listed will receive a more favorable evaluation. Submissions must include photographs of the projects and narratives including budget and schedule information. “Similar” or “similarly complex” is defined as follows: • The project involved design/build new construction of a comparably sized

structure(s); • Scope included development of a multi-use facility that included health facilities

and senior living community and design for aging; • The project involved all of the following disciplines - architectural, civil,

landscaping, structural, HVAC, plumbing, electrical, fire protection, elevator, and telecommunications;

• The project was located within a similar geographic area such as Gulfport, MS or a major metropolitan area along the coast.

3. Factor 3 - Quality of Past Performance

a. Information Required:

1) References: As a minimum, for each project listed under Evaluation Factor III, Prior Experience on Similar Projects, above, provide references that may be contacted regarding the quality of the prime contractor's and subcontractors' performance (name, title, current address and telephone number for each). Offerors must address instances of performance problems in the referenced projects and explain how these problems were resolved. Failure to satisfactorily explain past performance problems may have an adverse effect on the evaluation.

2) Safety: For the preceding five years, provide the following safety- related information: Experience modification rate (EMR) data from the Offeror's insurance company OSHA Form 200, and from OSHA Form 300, the Mishap Injury/Illness Rate (annual recordable mishaps x 200,000/total annual hours worked, including overtime).

3) Other Information: Offerors may also submit information on any awards or commendations received on these referenced projects.

4) Small Business Concerns: Under the Small Business Act (15 U.S.C. 631) it is the declared policy of the Congress that the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small business concerns in order to preserve free competitive enterprise, to insure that a fair proportion of the total purchases and contracts or subcontracts for property and services for the Government (including but not limited to contracts or subcontracts for maintenance, repair, and construction) be placed with small business enterprises, to insure that a fair proportion of the total sales of Government property be made to such enterprises, and to maintain and strengthen the overall economy of the Nation. a) As an indicator of past performance in the utilization of small businesses, the

Offeror shall list for three recently completed projects:



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i) The dollar value of the project ii) The names of the small businesses that the Offeror engaged in the project. iii) The value of the work performed by each small business, expressed as a

percentage of the dollar value of the project. b) To show consistency between the declared policy, past performance, and the

project, Offerors shall indicate as part of their offer their intent for subcontracting with small business concerns, taking into account the local labor market, the security classification of the work, and the efficient performance of the specific construction elements of this project.

b. Basis of Evaluation: This evaluation factor measures the quality of the Offeror's past performance on similar projects as defined herein. 1) Quality shall be evaluated through reference checks provided by the Offeror and

on projects completed or in progress not identified by the Offeror in its proposal as well as the information provided by the Offeror. The evaluation of past performance will consider whether the Offeror has consistently delivered high quality work in a positive and professional partnership with the client. Information such as the design-builder's record of conforming to specifications and standards of good workmanship, history of satisfying clients' budget and schedule expectations, and proven track record of cooperative behavior and genuine commitment to customer satisfaction will be considered in the evaluation. The extent to which the Offeror has delivered on commitments made in previous proposals, such as project staffing, will also be considered. Higher ratings may be given where above average past performance is evident on projects that are similar in size, scope and complexity.

2) Safety information will be evaluated to determine the design-builder's success in establishing and implementing an effective safety program. Higher ratings will be given to those firms with an EMR less than 1.0 and Mishap Incidence Rate less than 3.0.

3) Quality will be judged with respect to the Offeror's record of subcontracting with small business concerns and its proposed subcontracting with such concerns for this project. This sub-factor is considered less important than the evaluation of the other specific past performance criteria, but it is considered an important element of the overall past performance for evaluation purposes. Offers which indicate a history of meeting the expressed policy of Congress, and which propose having a greater number of subcontracts with various small business concerns and a higher dollar percentage of such subcontracts in relation to the total price will be viewed more favorably than offers proposing a lower number of such subcontracts and a lower dollar percentage of such subcontracts in relation to the total price. In the case of offers that are deemed technically equivalent under this factor, offers, which are viewed more favorably, based upon the small business sub-factor, will be considered technically superior.

4. Factor 4 - Understanding of the Project


1) Provide a not to exceed 20-page narrative describing the Offeror’s approach to planning, organizing and controlling the execution of the design and construction on the project. The plan should identify how the Offeror plans to implement management techniques to ensure the success and quality of the design and construction of this project. Provide a project schedule in Gantt chart format for execution of the design-build project from award of the contract to completion of testing, acceptance and commissioning of the buildings. Sometimes called a



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Level 2 schedule, the proposed schedule should provide sufficient detail to illustrate the proposed flow of design and construction activities for the project and the duration and coordination of major construction activities at all three building sites. It is anticipated that a schedule with nominally 75-100 activities should provide sufficient detail for evaluation purposes.

2) Provide a narrative on the project schedule that highlights key assumptions on which the schedule is based, and discusses the Offeror's strategy for sequencing the work across the three building sites. The narrative should specifically discuss the feasibility of completing the Building by March 5, 2010, and identify any extraordinary actions that might be required to achieve that date. If achieving that date introduces cost premiums in pricing the project, identify those premiums and propose an alternate schedule not requiring any cost premiums. The narrative should also discuss any significant contingency issues that could potentially delay overall progress on the project, and what actions the Offeror would propose to mitigate the impact on project completion.

3) Provide a narrative outlining how the Offeror intends to manage the responsibilities of its subcontractors and comply with its subcontracting plan.

b. Basis of Evaluation: The Government's objective is to have the facility substantially complete within 854 calendar days of award. For planning purposes, assume the contract is awarded on September 21, 2007. Proposed schedules that meet the objective and deliver the completed buildings within 854 calendar days of award will be judged more favorably than schedules that do not meet the objective, or require a longer overall completion time. Schedules that contain unusual assumptions or place greater responsibility on the Government for timely completion will be judged less favorably than schedules in which the design-builder anticipates plans and accepts responsibility for reasonable contingencies.

5. Factor 5 - Organization and Staffing


1) Provide a project organization chart identifying how the design-builder will organize and staff the project from project award and inception of design through construction completion. The chart should identify the title of key positions in the organization, and the names of the persons proposed to fill those positions. At a minimum, the chart should address design management, project management, project superintendence, quality assurance/control (both design and construction), and project controls. The reporting relationships between these functions and the company's senior management should also be defined. By including this information in this proposal, the Offeror is making a commitment to assign specific individuals to specific roles in this project, and that commitment is a consideration in the evaluation of the proposal. No changes may be made to those assignments following award of this project without written approval of the Contracting Officer.

2) Provide a narrative on the project organization. It should define the roles, responsibilities and authority to be delegated to the incumbent of each position, and discuss how work flows through the organization.

3) Provide a one-page resume for each person shown in the organization chart. The resume should highlight previous work experience relevant to this project.

4) Provide a staffing summary for the design-builder that identifies, by engineering discipline and construction trade. The summary should include the number of people employed, the number that would be available for this project, and the



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estimated number required for this project. If design and construction are being provided by separate companies, provide a staffing summary for each company.

b. Basis of Evaluation: Project organizations, staffed with personnel experienced on projects of similar size, scope and complexity, designed to facilitate the integration of design and construction activities will be judged more favorably than proposals reflecting less experience and less understanding of the design-build process. Staffing summaries will be judged less favorably if it is not evident that a sufficient number of people (with reasonable contingency) in the right trades/disciplines are directly available to complete the project on time. Ample numbers will not be judged more favorably than sufficient numbers.

B. Price

2. Factor 6 - Price (To be submitted in Book 2 separate from the technical proposal. See

paragraph 1.5, Format of the Proposal, below for further guidance). a. Information Required: Complete and provide the price schedule on Page 3 of

Standard Form 1442. Complete and provide the Price Breakdown Sheet attached at the end of this section. The Offeror may include a brief narrative discussing the methodology used in pricing the work, and any additional information that would be useful in fully understanding the price proposal and assessing its reasonableness.

b. Basis of Evaluation: Pricing will be analyzed for fairness and reasonableness through comparisons with other price proposals and independent Government estimates. Price proposals reflecting significant imbalances between price and scope between the Base Bid 0001, and Bid Items: 0002, 0003, and 0004 will be judged less favorably than proposals reflecting more balanced pricing. Trade-off analyses may be conducted to assess the value of differing technical proposals.

1.5 Relative Importance of Evaluation Factors

A. Best Value: Proposals will be evaluated to determine which offer provides the best value to the Government. Optimally, best value will be reflected in conceptual designs with functionality and features that meet or exceed the requirements of this specification, offered by an experienced design-builder with the most successful record of constructive and professional client relationships, with a realistic plan for delivering the buildings on or ahead of the target date, appropriately staffed and organized, and offering the most favorable price. Other than Factor 6, the evaluation process involves professional judgment of the relative quality of offers and value to the Government. The Government is concerned with striking the most advantageous balance between technical merit and cost to the Government. Trade-off analyses between Quality Factors and Price will be used to determine the best overall value to the Government.

B. Relative Weights: Quality Factors 1 - 6 are listed in descending order of importance, and Factor 1 is significantly more important than Factors 2, 3, 4, and 5. Quality Factors 1 - 5, when combined, are approximately equal in importance to Price, Factor 6.

1.6 Format of the Proposal:

A. To make preparation, reading and evaluation of proposals more efficient and effective, Offerors are encouraged to adhere to the following guidelines. These are guidelines, not mandatory requirements -except that Book 3, the Price Proposal, shall be sealed in a separate envelope from the Technical Proposal. No proposal will be rejected for failure to follow these guidelines -except for the mandatory requirements for Book 3.

B. Page Format



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Paper: In general, the proposal should be printed on 8.5"x11" paper, single or double-sided, with text in portrait orientation. Where graphics, charts, tables or schedules require greater width, pages may be printed in landscape orientation. If even greater width is required, please print on 11 "x17" and then tri-fold the paper to an 8.5"x11" format for inclusion in the binder as a fold-out page.

C. Font: Please use a font that is reasonably easy to read such as Microsoft TrueType@

Arial11pt, or Times New Roman 12pt. D. Concept drawings: Offerors are encouraged to submit drawings on paper that is nominally

15"x21", the half-scale size of an E1 drawing (30"x42"), for ease of packaging and handling in the evaluation process. The concepts may be CAD- based drawings, or architectural sketches, as long as the plans and details are clearly presented and readable.

E. Title or Cover Pages: Please include the company name, address and telephone number of the

Offeror on the title or cover page of each Book. Please also include the GSA solicitation number from Block 1 of the Standard Form 1442 somewhere on the page.

F. Book Format: The term, Book, is used here as a convenient reference to a specific set of

information that is to be bound together by staple, binder, booklet or whatever means the Offeror finds most effective. There are two books in the Technical and Price Proposals as described below.

1. Technical Proposal a. Book 1: This book includes all of the information required for Factors 1, 2, 3, 4, 5 and

6. Absolutely no pricing information should be revealed in this book. If the Offeror is presenting alternatives -such as in schedule or design, then any discussion of those alternatives should refer to pricing only in a relative sense. For example, "This alternative is less expensive than our base proposal. ” Present the detailed pricing of alternatives in the Price Proposal.”

b. Book 2: This book includes all concept drawings included in the Offeror's proposal, including those related to any alternatives. This "book" can simply be all of the drawings bound together by staples on the left edge as is typically done with drawings.

2. Price Proposal a. Book 3: This book includes all references to pricing information. It shall include any

narrative for Factor VII, the properly completed and signed Standard Form 1442, the Price Breakdown Sheet, and the Offeror's bid bonds.

1.7 Submitting the Proposal

A. Number of Copies: Offerors shall submit one original and eight copies of the technical proposal consisting of Book 1 (which covers Factors 1 - 5) and Book 2 (which includes the concept drawings). Two originals and four copies of Book 3 (which covers Factor 6 and all pricing information) shall be submitted separately as discussed below.

B. Deliver Proposals to: GSA, Contracting Officer

c/o Thomas Milos Senior Project Manager Jacobs 1100 North Glebe Road, Suite 500



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Arlington, VA 22201 Tel: 571-218-1396

C. Proposal Due Date: • Technical Proposals must be delivered not later than 4:00 PM EST (1600) Tuesday, July 17,

2007. • Price Proposals must be delivered not later than 4:00 PM EST (1600) Tuesday, July 24, 2007.

PART 2- PRODUCTS (Not applicable) PART 3- EXECUTION (Not applicable) Attachments:

Price Breakdown Sheet END OF SECTION 00200



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PRICE BREAKDOWN SHEET

PROVIDED BY: JACOBS (SEPARATE COVER)



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THIS PAGE NOT USED



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SECTION 00300 – INFORMATION AVAILABLE TO OFFERORS PART1-GENERAL 1.1 Introduction: As a design-build project, the information available to Offerors is generally limited to

the description of the space and functional requirements for the facilities, the prescriptive and performance specifications contained herein, and the reference documents. A mandatory pre-proposal conference will be conducted in Gulfport at the site so that Offerors can inspect the sites, learn about the conditions affecting work, and ask questions to the Contracting Officer and the Armed Forces Retirement Home staff. Offerors must develop sufficient planning and design information from these sources to prepare an effective and responsive proposal.

1.2 Mandatory Pre-Proposal Conference

A. Date, Time and Place: The mandatory pre-proposal conference will be held at the Armed Forces Retirement Home Site located at 1800 Beach Drive, Gulfport, Mississippi, on June 19, 2007 in Building 13, AFRH's Conference Room. The meeting will start at 9:00AM CST.

1. Meeting Participation and Visit Authorization: Participation in the meeting must be pre-

arranged with the Contracting Officer. If a change in participants is required, contact the Technical Advisor to the GSA Contracting Officer immediately. It may not be possible to accommodate changes following the release of this RFP. Contact information for the Technical Advisor is:

Thomas Milos Tel: 571-218-1396 Senior Project Manager Fax: 571-218-1300 Jacobs Email: [email protected] 1100 North Glebe Road, Suite 500 Arlington, VA 22201

2. Parking and Gathering Point: Upon arriving at AFRH site, each vehicle will check-in at the

gate located along west side of site, Anniston Avenue Street. Meeting participants should park in the large parking lot west of the Main Building. Building 13 is located along the northwest corner of the site. Please arrive at the Gate not later than 8:40AM CST.

3. NOTE: Cameras are allowed on the AFRH campus, and photographs may be taken of

the project sites.

B. Number of Participants: Each Offeror may have up to three people attend the meeting. C. Agenda: The meeting agenda will be approximately as follows: meeting is anticipated to be

about three hours. Introductions Security Requirements Project Overview Procurement Process Questions & Answers Campus and Building Site Tour Questions, Answers and Offeror Feedback Close Meeting



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D. Minutes: The Contracting Officer will provide one copy of the meeting minutes to each Offeror.

PART 2- PRODUCTS (Not applicable) PART 3- EXECUTION (Not applicable) END OF SECTION 00200



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SECTION 00600

• Bid Bond, Standard Form 24 • Performance Bond, Standard Form 25 • Payment Bond, Standard Form 25A • Representations and Certifications Representation and Certifications




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THIS PAGE NOT USED


General Services Administration 1 Public Buildings Service Southeast Sunbelt Region Section 00600 R&C Real Estate Design and Construction

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. REPRESENTATIONS AND CERTIFICATIONS Reference: GS-04P-07-MKC-00__ Name and Address of Offeror Date of Offer (Name, Street, City, State and Zip Code) DUNS Number: “SOLICITATION” means “INVITATION FOR BIDS” in Sealed Bidding, and “REQUEST FOR PROPOSAL” or “REQUEST FOR QUOTATION” in Negotiations. “OFFER” means “BID” in Sealed Bidding, and “PROPOSAL” in Negotiation. “OFFEROR” means the person or firm submitting the offer.

1. 52.219-1, Small Business Program Representations (Apr 2002)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220 .

(2) The small business size standard is $28.5 million. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) Representations. (1) The offeror represents as part of its offer that it ____ is, ____ is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, for general statistical purposes, that it ____ is, ____ is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it ____ is, ____ is not a women-owned small business concern. (4) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it ____ is, ____ is not a veteran-owned small business concern. (5) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.] The offeror represents as part of its offer that it ____ is, ____ is not a service-disabled veteran-owned small business concern. (6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It ____ is, ____ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and (ii) It ____ is, ____ is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:___________________________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

THE OFFEROR MAKES THE FOLLOWING REPRESENTATIONS AND CERTIFICATIONS AS A PART OF THE OFFER IDENTIFIED ABOVE. (Check the appropriate boxes and fill in the blanks.)



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(c) Definitions. As used in this provision- "Service-disabled veteran-owned small business concern"-

(1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (a) of this provision. "Veteran-owned small business concern" means a small business concern-

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern" means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women.

(d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall- (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. (End of provision)

2. FAR 52.219-19 Small Business Concern Representation for the Small Business Competitiveness Demonstration Program (Oct 2000) (a) Definition. "Emerging small business" as used in this solicitation, means a small business concern whose size is no greater than 50 percent of the numerical size standard applicable to the North American Industry Classification System (NAICS) code assigned to a contracting opportunity. (b) [Complete only if the Offeror has represented itself under the provision at 52.219-1 as a small business concern under the size standards of this solicitation.] The Offeror ___ is, ___ is not an emerging small business. (c) [Complete only if the Offeror is a small business or an emerging small business, indicating its size range.] Offeror's number of employees for the past 12 months [check this column if size standard stated in solicitation is expressed in terms of number of employees] or Offeror's average annual gross revenue for the last 3 fiscal years [check this column if size standard stated in solicitation is expressed in terms of annual receipts]. [Check one of the following.]



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No. of Employees Avg. Annual Gross Revenues ____ 50 or fewer ____ $1 million or less ____ 51 - 100 ____ $1,000,001 - $2 million ____ 101 - 250 ____ $2,000,001 - $3.5 million ____ 251 - 500 ____ $3,500,001 - $5 million ____ 501 - 750 ____ $5,000,001 - $10 million ____ 751 - 1,000 ____ $10,000,001 - $17 million

____ ____ $17,000,001 - $27.5 million ____ Over 1,000 ____ Over $27.5 million

(End of provision) 3. FAR 52.204-3 -- TAXPAYER IDENTIFICATION (OCT. 1998)

(a) Definitions. "Common parent," as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. "Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number. (b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract. (c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (d) Taxpayer Identification Number (TIN). __ TIN: _____________________. __ TIN has been applied for. __ TIN is not required because: __ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; __ Offeror is an agency or instrumentality of a foreign government; __ Offeror is an agency or instrumentality of the Federal Government. (e) Type of organization. __ Sole proprietorship; __ Partnership; __ Corporate entity (not tax-exempt); __ Corporate entity (tax-exempt); __ Government entity (Federal, State, or local); __ Foreign government; __ International organization per 26 CFR 1.6049-4; __ Other _________________________. (f) Common parent.



UNCLASSIFIED

__ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision. __ Name and TIN of common parent: Name _____________________________ TIN ______________________________

4. FAR 52.222-22 -- PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) The offeror represents that-- (a) has, has not participated in a previous contract or subcontract subject the Equal Opportunity clause of this solicitation; (b) It has, has not not filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

5. FAR 52.222-25 -- AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

The offeror represents that -- (a) It has developed and has on file, has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

6. FAR 52.222-21 -- PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

(a) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes.

(b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract.

(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract.

NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES. A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract under which the subcontractor will be subject to the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e. quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

7. FAR 52.203-2 -- CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

The offeror certifies that --

The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered;



UNCLASSIFIED

The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

No attempt has been made or will be made by the offeror to induce any other concern to submit or not submit an offer for the purpose of restricting competition.

Each signature on the offer is considered to be a certification by the signatory that the signatory --

Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or

Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above ________________________________________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above.

If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. 8. FAR 52.209-5, CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT,

AND OTHER RESPONSIBILITY MATTERS (DEC 2001) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that- (i) The Offeror and/or any of its Principals-

(A) Are ____ are not ____presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have ____ have not ____, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and (C) Are ____ are not ____ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision. (ii) The Offeror has ____ has not ____, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a



UNCLASSIFIED

determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of provision)

9. FAR 223.13 Certification of Toxic Chemical Release Reporting (August 2003)

(a) Executive Order 13148, of April 21, 2000, Greening the Government through Leadership in Environmental Management, requires submission of this certification as a prerequisite for contract award. (b) By signing this offer, the offeror certifies that- (1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or (2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: [Check each block that is applicable.] [ ] (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed in 40 CFR 372.65; [ ] (ii) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A); [ ] (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA); [ ] (iv) The facility does not fall within the following Standard Industrial Classification (SIC) codes or their corresponding North American Industry Classification System sectors: (A) Major group code 10 (except 1011, 1081, and 1094. (B) Major group code 12 (except 1241). (C) Major group codes 20 through 39. (D) Industry code 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce). (E) Industry code 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et seq.), or 5169, or 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); or [ ] (v) The facility is not located in the United States or its outlying areas..

(End of provision)

10. FAR 52.203-11, CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (APR 1991)

(a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification. (b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989,--

(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any



UNCLASSIFIED

Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement;

(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and

(3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly.

(c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

11. AUTHORIZED NEGOTIATORS (Applicable to negotiated acquisitions) The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations: [list names, titles, and telephone numbers of the authorized negotiators] ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 12. FAR 52.223-4, RECOVERED MATERIAL CERTIFICATION (Oct 1997) As required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, by signing this offer, that the percentage of recovered materials to be used in the performance of the contract will be at least the amount required by the applicable contract specifications. 13. 52.225-2 Buy American Act Certificate. (JUNE 2003) (a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to be mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. The terms "component" "domestic end product" "foreign end product" and "United States" are defined in the clause of this solicitation titled "Buy American Act - Supplies". (b) Foreign End Products: Line Item No.

Country of Origin

______________

_________________

______________

_________________

______________

_________________

[List as necessary] (c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. (End of provision) 14. FAR 52.230-1, Cost Accounting Standards Notices and Certification (June 2000)



UNCLASSIFIED

Note: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I through III. Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract. If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively. I. DISCLOSURE STATEMENT --COST ACCOUNTING PRACTICES AND CERTIFICATION (a) Any contract in excess of $500,000 resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48 CFR 9903.201-1. (b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror's proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision. Caution: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data. (c) Check the appropriate box below: (1) Certificate of Concurrent Submission of Disclosure Statement. The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows: (i) Original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable; and (ii) One copy to the cognizant Federal auditor. (Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.) Date of Disclosure Statement: __________________ Name and Address of Cognizant ACO or Federal Official Where Filed: _________________________ The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement. (2) Certificate of Previously Submitted Disclosure Statement. The offeror hereby certifies that the required Disclosure Statement was filed as follows: Date of Disclosure Statement: __________________ Name and Address of Cognizant ACO or Federal Official Where Filed: ________________________ The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement. (3) Certificate of Monetary Exemption.



UNCLASSIFIED

The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling $50 million or more in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately. (4) Certificate of Interim Exemption. The offeror hereby certifies that (i) the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and (ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under subparagraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement. Caution: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded.

II. COST ACCOUNTING STANDARDS--ELIGIBILITY FOR MODIFIED CONTRACT COVERAGE If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause.

The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $50 million in awards of CAS-covered prime contracts and subcontracts. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately. Caution: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $50 million or more or if, during its current cost accounting period, the offeror has been awarded a single CAS-covered prime contract or subcontract of $50 million or more.

III. ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO EXISTING CONTRACTS The offeror shall indicate below whether award of the contemplated contract would, in accordance with subparagraph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting practices affecting existing contracts and subcontracts.

yes no (End of provision)

15. FAR 52.204-5, WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999)

(a) Definition. "Women-owned business concern," as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a

small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it is, is not a women-owned business concern.



UNCLASSIFIED

16. FAR 52.204-6, DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (OCT 2003)

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS number or "DUNS+4" that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same parent concern. (b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number- (i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (2) The offeror should be prepared to provide the following information: (i) Company legal business name. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company physical street address, city, state and Zip Code. (iv) Company mailing address, city, state and Zip Code (if separate from physical). (v) Company telephone number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (End of provision)

17. FAR 204-7 CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

(a) Definitions. As used in this clause- "Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government. "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern. "Registered in the CCR database" means that-



UNCLASSIFIED

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and (2) The Government has validated all mandatory data fields and has marked the record "Active". (b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database. (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number- (i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (2) The offeror should be prepared to provide the following information: (i) Company legal business. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company Physical Street Address, City, State, and Zip Code. (iv) Company Mailing Address, City, State and Zip Code (if separate from physical). (v) Company Telephone Number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. (e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. (f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g) (1) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's



UNCLASSIFIED

CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

(End of clause)

18. FAR 52.219-22 SMALL DISADVANTAGED BUSINESS STATUS. (OCT 1999) (a) General. This provision is used to assess an offeror's small disadvantaged business status for the purpose of obtaining a benefit

on this solicitation. Status as a small business and status as a small disadvantaged business for general statistical purposes is covered by the provision at FAR 52.219-1, Small Business Program Representation.

(b) Representations. (1) General. The offeror represents, as part of its offer, that it is a small business under the size standard

applicable to this acquisition; and either—

(i) It has received certification by the Small Business Administration as a small disadvantaged business concern consistent with 13 CFR 124, Subpart B; and

(A) No material change in disadvantaged ownership and control has occurred since its certification; (B) Where the concern is owned by one or more disadvantaged individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (C) It is identified, on the date of its representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net); or

(ii) It has submitted a completed application to the Small Business Administration or a Private Certifier to be

certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(2) For Joint Ventures. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements at 13 CFR 124.1002(f) and that the representation in paragraph (b)(1) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture:_________________________.] (c) Penalties and Remedies. Anyone who misrepresents any aspects of the disadvantaged status of a concern for the purposes of

securing a contract or subcontract shall—

(1) Be punished by imposition of a fine, imprisonment, or both; (2) Be subject to administrative remedies, including suspension and debarment; and (3) Be ineligible for participation in programs conducted under the authority of the Small Business Act.

(End of provision)

Alternate I (Oct 1998). As prescribed in 19.307(b), add the following paragraph (b)(3) to the basic provision: (3) Address. The offeror represents that its address is, is not in a region for which a small disadvantaged business procurement mechanism is authorized and its address has not changed since its certification as a small disadvantaged business concern or submission of its application for certification. The list of authorized small disadvantaged business procurement mechanisms and regions is posted at http://www.arnet.gov/References/sdbadjustments.htm. The offeror shall use the list in effect on the date of this solicitation. "Address," as used in this provision, means the address of the offeror as listed on the Small Business Administration's register of small disadvantaged business concerns or the address on the completed application that the concern has submitted to the Small Business Administration or a Private Certifier in accordance with 13 CFR part 124, subpart B. For joint ventures, "address" refers to the address of the small disadvantaged business concern that is participating in the joint venture.



UNCLASSIFIED

19. FAR 52.219-23 NOTICE OF PRICE EVALUATION ADJUSTMENT FOR SMALL DISADVANTAGED BUSINESS CONCERNS. (May 2002)

(a) Definitions. As used in this clause- "Small disadvantaged business concern" means an offeror that represents, as part of its offer, that it is a small business under the size standard applicable to this acquisition; and either- (1) It has received certification by the Small Business Administration as a small disadvantaged business concern consistent with 13 CFR part 124, subpart B; and (i) No material change in disadvantaged ownership and control has occurred since its certification; (ii) Where the concern is owned by one or more disadvantaged individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (iii) It is identified, on the date of its representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net). (2) It has submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR part 124, subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. In this case, in order to receive the benefit of a price evaluation adjustment, an offeror must receive certification as a small disadvantaged business concern by the Small Business Administration prior to contract award; or (3) Is a joint venture as defined in 13 CFR 124.1002(f). "Historically black college or university" means an institution determined by the Secretary of Education to meet the requirements of 34 CFR 608.2. For the Department of Defense (DoD), the National Aeronautics and Space Administration (NASA), and the Coast Guard, the term also includes any nonprofit research institution that was an integral part of such a college or university before November 14, 1986. "Minority institution" means an institution of higher education meeting the requirements of Section 1046(3) of the Higher Education Act of 1965 (20 U.S.C. 1067k, including a Hispanic-serving institution of higher education, as defined in Section 316(b)(1) of the Act (20 U.S.C. 1101a)). "United States" means the United States, its territories and possessions, the Commonwealth of Puerto Rico, the U.S. Trust Territory of the Pacific Islands, and the District of Columbia. (b) Evaluation adjustment. (1) The Contracting Officer will evaluate offers by adding a factor of ____ [Contracting Officer insert the percentage] percent to the price of all offers, except- (i) Offers from small disadvantaged business concerns that have not waived the adjustment; (ii) An otherwise successful offer of eligible products under the Trade Agreements Act when the dollar threshold for application of the Act is equaled or exceeded (see section 25.402 of the Federal Acquisition Regulation (FAR)); (iii) An otherwise successful offer where application of the factor would be inconsistent with a Memorandum of Understanding or other international agreement with a foreign government; (iv) For DoD, NASA, and Coast Guard acquisitions, an otherwise successful offer from a historically black college or university or minority institution; and (v) For DoD acquisitions, an otherwise successful offer of qualifying country end products (see sections 225.000-70 and 252.225-7001 of the Defense FAR Supplement). (2) The Contracting Officer will apply the factor to a line item or a group of line items on which award may be made. The Contracting Officer will apply other evaluation factors described in the solicitation before application of the factor. The factor may not be applied if using the adjustment would cause the contract award to be made at a price that exceeds the fair market price by more than the factor in paragraph (b)(1) of this clause. (c) Waiver of evaluation adjustment. A small disadvantaged business concern may elect to waive the adjustment, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply to offers that waive the adjustment. ______ Offeror elects to waive the adjustment. (d) Agreements. (1) A small disadvantaged business concern, that did not waive the adjustment, agrees that in performance of the contract, in the case of a contract for- (i) Services, except construction, at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern; (ii) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern; (iii) General construction, at least 15 percent of the cost of the contract, excluding the cost of materials, will be performed by employees of the concern; or (iv) Construction by special trade contractors, at least 25 percent of the cost of the contract, excluding the cost of materials, will be performed by employees of the concern. (2) A small disadvantaged business concern submitting an offer in its own name agrees to furnish in performing this contract only end items manufactured or produced by small disadvantaged business concerns in the United States. This paragraph does not apply in connection with construction or service contracts. (End of clause) Alternate I (Oct 1998). As prescribed in 19.1104, substitute the following paragraph (d)(2) for paragraph (d)(2) of the basic clause:



UNCLASSIFIED

(2) A small disadvantaged business concern submitting an offer in its own name agrees to furnish in performing this contract only end items manufactured or produced by small business concerns in the United States. This paragraph does not apply in connection with construction or service contracts. Alternate II (Oct 1998) As prescribed in 19.1104, substitute the following paragraph (b)(1)(i) for paragraph (b)(1)(i) of the basic clause: (i) Offers from small disadvantaged business concerns, that have not waived the adjustment, whose address is in a region for which an evaluation adjustment is authorized;

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1. This form is authorized for use when a bid guaranty is required. Any deviation from this form will require the written approval of theAdministrator of General Services.

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4. (a) Corporations executing the bond as sureties must appear on the Department of the Treasury's list of approved sureties and must actwithin the limitation listed therein. where more than one corporate surety is involved, their names and addresses shall appear in the spaces(Surety A, Surety B, etc.) headed "CORPORATE SURETY(IES)." In the space designed "SURETY(IES)" on the face of the form, insert onlythe letter identification of the sureties.

(b) Where individual sureties are involved, a completed Affidavit of Individual surety (Standard Form 28), for each individual surety, shallaccompany the bond. The Government may require the surety to furnish additional substantiating information concerning its financialcapability.

5. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word "Corporate Seal";and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdiction requiring adhesive seals.

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7. In its application to negotiated contracts, the terms "bid" and "bidder" shall include "proposal" and "offeror."

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1. This form is authorized for use in connection with Governmentcontracts. Any deviation from this form will require the writtenapproval of the Administrator of General Services.

2. Insert the full legal name and business address of the Principal inthe space designated "Principal" on the face of the form. Anauthorized person shall sign the bond. Any person signing in arepresentative capacity (e.g., an attorney-in-fact) must furnishevidence of authority if that representative is not a member of the firm,partnership, or joint venture, or an officer of the corporation involved.

3. (a) Corporations executing the bond as sureties must appear onthe Department of the Treasury's list of approved sureties and mustact within the limitation listed therein. Where more than one corporatesurety is involved, their names and addresses shall appear in the spaces (Surety A, Surety B, etc.) headed "CORPORATE

SURETY(IES)." In the space designated "SURETY(IES)" on theface of the form, insert only the letter identification of the sureties.

(b) Where individual sureties are involved, a completed Affidavitof Individual Surety (Standard Form 28) for each individual surety,shall accompany the bond. The Government may require the suretyto furnish additional substantiating information concerning theirfinancial capability.

4. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word "CorporateSeal", and shall affix an adhesive seal if executed in Maine, NewHampshire, or any other jurisdiction requiring adhesive seals.

5. Type the name and title of each person signing this bond in thespace provided.

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UNCLASSIFIED

SECTION 00700

• Construction Contract Clauses




UNCLASSIFIED

THIS PAGE NOT USED



UNCLASSIFIED

CONSTRUCTION CONTRACT CLAUSES (FIXED PRICE)

CONTENTS A. INCORPORATED BY REFERENCE CATEGORY REFERENCE TITLE GENERAL FAR 52.202-1 1. Definitions (Alt. I) (12-01) FAR 52.236-7 2. Permits and Responsibilities (11-91) FAR 52.236-8 3. Other Contracts (4-84) FAR 52.253-1 4. Computer Generated Forms (1-91) FAR 52.213-4 5. Terms and Conditions - Simplified Acquisitions (Other than Commercial Items)

(10-03) STANDARDS OF CONDUCT FAR 52.203-3 6. Gratuities (4-84) FAR 52.203-5 7. Covenant Against Contingent Fees (4-84) FAR 52.203-7 8. Anti-Kickback Procedures (7-95) FAR 52.203-8 9. Cancellation, Recession and Recovery of Funds for Illegal or Improper Activity (1-97) FAR 52.203-10 10. Price or Fee Adjustments for Illegal or Improper Activity (1-97) FAR 52.203-12 11. Limitation on Payments to Influence Certain Federal Transactions (6-03) BONDS AND FAR 52.228-1 12. Bid Guarantee (9-96) INSURANCE FAR 52.228-11 13. Pledges of Assets (2-92) FAR 52.228-14 14. Irrevocable Letter of Credit (12/99) FAR 52.228-15 15. Performance and Payment Bonds - Construction (7-00) FAR 52.228-12 16. Prospective Subcontractor Requests for Bonds (10-95) FAR 52.228-2 17. Additional Bond Security (10-97) FAR 52.228-5 18. Insurance -- Work on a Government Installation (1-97) SITE FAR 52.236-2 19. Differing Site Conditions (4-84) CONDITIONS FAR 52.236-3 20. Site Investigations and Conditions Affecting the Work (4-84) SPECIFICATIONS FAR 52.236-21 21. Specifications and Drawings for Construction (Alt. I and Alt. II) (2-97) SCHEDULES FAR 52.211-13 22. Time Extensions (9-00) FAR 52.236-15 23. Schedules for Construction Contracts (4-84) PERFORMANCE FAR 52.236-1 24. Performance of Work by Contractor (4-84) FAR 52.236-6 25. Superintendence by the Contractor (4-84) FAR 52.236-5 26. Material and Workmanship (4-84) FAR 52.236-17 27. Layout of Work (4-84) FAR 52.236-14 28. Availability and Use of Utility Services (4-84) FAR 52.236-10 29. Operations and Storage Areas FAR 52.236-9 30. Protection of Existing Vegetation, Structure, Equipment, Utilities and Improvements (4-84) FAR 52.236-13 31. Accident Prevention (11-91) FAR 52.236-12 32. Cleaning Up (4-84) FAR 52.236-16 33. Quantity Surveys (4-84) FAR 52.236-26 34. Preconstruction Conference (2-95) GOVERNMENT FAR 52.245-2 35. Government Property - Fixed Price Contracts (6-03) FURNISHED FAR 52.245-3 36. Identification of Government-Furnished Property (8-84) PROPERTY FAR 52.245-4 37. Government Furnished Property (Short Form) (6-03) GOVERNMENT FAR 52.251-1 38. Government Supply Sources (4/84) SUPPLY SOURCES USE AND FAR 52.236-11 39. Use and Possession Prior to Completion (4-84) POSSESSION



UNCLASSIFIED

INSPECTION FAR 52.246-12 40. Inspection of Construction (8-96) WARRANTY & FAR 52.246-21 41. Warranty of Construction (Alt I) (3-94) GUARANTEES BUY AMERICAN FAR 52.225-5 42. Trade Agreements (6-03) FAR 52.225-15 43. Sanctioned European Union Country End Products (2-00) CATEGORY REFERENCE TITLE ENVIRONMENTAL PROTECTION FAR 52.204-4 44. Printing or Copying Double-Sided on Recycled Paper (8-2000) FAR 52.223-3 45. Hazardous Material Identification and Material Safety Data (Alt I) (1-97) FAR 52.223-5 46. Pollution Prevention and Right-to-know Information (8-03) FAR 52.223-6 47. Drug-Free Workplace (5-01) FAR 52.223-12 48. Refrigeration Equipment and Air Conditioners (5-95) FAR 52.223-14 49. Toxic Chemical Release Reporting (8-03) EMPLOYMENT FAR 52.222-1 50. Notice to the Government of Labor Disputes (2-97) FAR 52.222-3 51. Convict Labor (6-03) FAR 52.222-26 52. Equal Opportunity (4-02) FAR 52.222-35 53. Affirmative Action for Special Disabled and Vietnam Era Veterans (12-01) FAR 52.222-36 54. Affirmative Action for Workers with Disabilities (6-98)

FAR 52.222-37 55. Vietnam Era (12-01) FAR 52.222-38 56. Compliance with Veteran's Employment Reporting Requirements (12-01) FAR 52.222-27 57. Affirmative Action Compliance Requirements for Construction (2-99) SUBCONTRACTING FAR 52.209-6 58. Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (7-95) FAR 52.219-8 59. Utilization of Small, Business Concerns (10-2000) FAR 52.219-9 60. Small Business Subcontracting Plan (1-02) FAR 52.219-16 61. Liquidated Damages - Subcontracting Plan (1-99) FAR 52.244-2 62. Subcontracts (8-98) PATENTS, DATA FAR 52.227-1 63. Authorization and Consent (7-95) AND COPYRIGHTS FAR 52.227-2 64. Notice and Assistance Regarding Patent and Copyright Infringement (8-96) FAR 52.227-4 65. Patent Indemnity--Construction Contracts (4-84) TAXES FAR 52.229-3 66. Federal, State, and Local Taxes (4-03) FAR 52.229-4 67. Federal, State, and Local Taxes (State and Local Adjustments)(4-03) FAR 52.229-5 68. Taxes -- Contracts Performed in U.S. Possessions or Puerto Rico (4-84) ADJUSTMENTS FAR 52.243-4 69. Changes (8-87) FAR 52.243-5 70. Changes and Changed Conditions (Simplified Acquisition) (4-84) FAR 52.248-3 71. Value Engineering - Construction (2-2000) AUDITS/COST & FAR 52.214-26 72. Audit and Records -- Sealed Bidding (10-97) PRICING DATA FAR 52.214-27 73. Price Reduction for Defective Cost or Pricing Data Modifications -- Sealed Bidding (10-97) FAR 52.214-28 74. Subcontractor Cost or Pricing Data -- Modifications -- Sealed Bidding (10-97) FAR 52.215-2 75. Audit and Records -- Negotiation (6-99) FAR 52.215-10 76. Price Reduction for Defective Cost or Pricing Data (10-97) FAR 52.215-12 77. Subcontractor Cost or Pricing Data (10-97) FAR 52.215-15 78. Pension Adjustments and Asset Revisions (12-98) FAR 52.215-16 79. Facilities Capital Cost of Money (6-03) FAR 52.215-17 80. Waiver of Facilities Capital Cost of Money (10-97) FAR 52.215-18 81. Reversion or Adjustment of Plans for Post-Retirement Benefits (PRB) other than Pensions (10-97) COST FAR 52.230-2 82. Cost Accounting Standards (4-98) ACCOUNTING FAR 52.230-3 83. Disclosure and Consistency of Cost Accounting Practices (4-98) STANDARDS FAR 52.230-6 84. Administration of Cost Accounting Standards (11-99 )



UNCLASSIFIED

PAYMENT FAR 52.232-5 85. Payments under Fixed-Price Construction Contracts (9-02) FAR 52.232-17 86. Interest (6-96) FAR 52.232-23 87. Assignment of Claims (1-86) FAR 52.232-33 88. Payment by Electronic Funds Transfer - Central Contractor Registration (10-03) UNIT PRICES FAR 52.211-18 89. Variation in Estimated Quantity (4-84) STOP WORK/ FAR 52.242-14 90. Suspension of Work (4-84) TERMINATION FAR 52.249-2 91. Termination for Convenience of the Government (Alt I) (9-96) FAR 52.249-10 92. Default (Fixed-Price Construction)(4-84) DISPUTES/ FAR 52.233-1 93. Disputes - Alternate I (7-02) PROTESTS FAR 52.233-3 94. Protest after Award (8-96) BANKRUPTCY FAR 52.242-13 95. Bankruptcy (7-95) CATEGORY REFERENCE TITLE PRICE EVALUATION FAR 52.219-23 96. Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns. (6-03) FAR 52.219-4 97. Notice of Price Evaluation Preference for HUBZone Small Business Concerns (1-99)



UNCLASSIFIED

CONSTRUCTION CONTRACT CLAUSES (FIXED PRICE)

CONTENTS B. Clauses in full text CATEGORY REFERENCE CLAUSE NO. AND TITLE GENERAL GSAM 552.236-70 1. Definitions (4-84) GSAM 552.236-71 2. Authorities and Limitations (4-84) GSAM 552.203-71 3. Restriction on Advertising (9-99) GSAM 552.252-6 4. Authorized Deviation in Clauses (9-99) (Deviation FAR 52.252-6) GSAM 552.236-72 5. Specialist 4-84) GSAM 552.236-82 6. Subcontracts (4-84) GSAM 552.211-71 7. Standard References (9-99) FAR 52.252-2 8. Clauses Incorporated by Reference (2-98) BONDS AND INSURANCE GSAM 552.228-70 9. Workman's Compensation Laws (9-99) SITE CONDITIONS GSAM 552.236-76 10. Measurements (4-84) SPECIFICATIONS FAR 52.211-1 11. Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Descriptions (9-99) GSAM 552.236-77 12. Specifications and Drawings (9-99) GSAM 552.236-78 13. Shop Drawings, Coordination Drawings and Schedules (9-99) PERFORMANCE GSAM 552.236-79 14. Samples (4-84) GSAM 552.236-75 15. Use of Premises (4-84) GSAM 552.236-80 16. Heat (4-84) GSAM 552.236-74 17. Working Hours (4-84) USE AND POSSESSION GSAM 552.236-81 18.. Use of Equipment by Government (4-84) INSPECTION GSAM 552.246-72 19. Final Inspection and Tests (9-99) WARRANTY & GUARANTEES GSAM 552.246-75 20. Guarantees (5-89) BUY AMERICAN FAR 52.225-9 21. Buy American Act - Construction Materials (6-03)

FAR 52.225-10 22. Notice of Buy American Act Requirement - Construction Materials (5-02) FAR 52.225-11 23. Construction Materials under Trade Agreements (6-03)

FAR 52.225-12 24. Notice of Buy American Act Requirement - Construction Materials under Trade Agreements (5-02)

FAR 52.225-13 25. Restrictions on Certain Foreign Purchases (6-03) SUBCONTRACTING FAR 52.244-6 26. Subcontracts for Commercial Items and Commercial Components (5-02) ADJUSTMENTS GSAM 552.243-71 27. Equitable Adjustments (4-84) 28. Equitable Adjustments: Waiver & Release of Claims GSAM 552.243-70 29. Pricing of Adjustments (4-89) AUDITS/COST & PRICING DATA FAR 52.215-19 30. Notification of Ownership Changes (10-97) GSAM 552.215-70 31. Examination of Records by GSA (2-96) PAYMENT FAR 52.232-27 32. Prompt Payment for Construction Contracts (5-02)

FAR 52.232-35 33. Designation of Office for Government Receipt of Electronic Funds Transfer Information (5-99)

GSAM 552.232-78 34. Payment Information (6-00) STOP WORK/ TERMINATION GSAM 552.211-84 35. Noncompliance with Contract Requirements (2-96)



UNCLASSIFIED

GENERAL 1. GSAM 552.236-70 - DEFINITIONS (APR 1984) The terms "Administration" and "Service" as used in this contract shall mean the General Services Administration (GSA) and the Public Buildings Service (PBS), respectively. (End of Clause) 2. GSAM 552.236-71 - AUTHORITIES AND LIMITATIONS (APR 1984) (a) All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested in him by the contract documents, except that he shall have the right to designate authorized representatives to act for him. Wherever any provision in this contract specifies an individual (such as, but not limited to, Construction Engineer, Resident Engineer, Inspector or Custodian) or organization, whether Governmental or private, to perform any act on behalf of or in the interests of the Government, that individual or organization shall be deemed to be the Contracting Officer's authorized representative under this contract but only to the extent so specified. The Contracting Officer may, at any time during the performance of this contract, vest in any such authorized representatives additional power and authority to act for him or designate additional representatives, specifying the extent of their authority to act for him; a copy of each document vesting additional authority in an authorized representative or designating an additional authorized representative shall be furnished to the Contractor. (b) The Contractor shall perform the contract in accordance with any order (including but not limited to instruction, direction, interpretation, or determination) issued by an authorized representative in accordance with his authority to act for the Contracting Officer; but the Contractor assumes all the risk and consequences of performing the contract in accordance with any order (including but not limited to instruction, direction, interpretation, or determination) of anyone not authorized to issue such order. (End of Clause) 3. GSAM 552.203-71 Restriction on Advertising. (SEP 1999) The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the White House, the Executive Office of the President, or any other element of the Federal Government, or is considered by these entities to be superior to other products or services. Any advertisement by the Contractor, including price-off coupons, that refers to a military resale activity shall contain the following statement: "This advertisement is neither paid for nor sponsored, in whole or in part, by any element of the United States Government." (End of clause)

4. GSAM 552.252-6 Authorized Deviations in Clauses. (DEVIATION FAR 52.252-6) (SEP 1999)

(a) Deviations to FAR clauses.

(1) This solicitation or contract indicates any authorized deviation to a Federal Acquisition Regulation (48 CFR Chapter 1) clause by the addition of "(DEVIATION)" after the date of the clause, if the clause is not published in the General Services Administration Acquisition Regulation (48 CFR Chapter 5).

(2) This solicitation indicates any authorized deviation to a Federal Acquisition Regulation (FAR) clause that is published in the General Services Administration Acquisition Regulation by the addition of "(DEVIATION (FAR clause no.))" after the date of the clause.

(b) Deviations to GSAR clauses. This solicitation indicates any authorized deviation to a General Services Administration Acquisition Regulation clause by the addition of "(DEVIATION)" after the date of the clause.

(c) "Substantially the same as" clauses. Changes in wording of clauses prescribed for use on a "substantially the same as" basis are not considered deviations. (End of Clause)



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5. GSAM 552.236-72 - SPECIALIST (APR 1984) The term "Specialist," as used in the contract specification, shall mean an individual or firm of established reputation (or, if newly organized, whose personnel have previously established a reputation in the same field), which is regularly engaged in, and which maintains a regular force of workmen skilled in either (as applicable) manufacturing or fabricating items required by the contract, installing items required by the contract, or otherwise performing work required by the contract. Where the contract specification requires installation by a specialist, that term shall also be deemed to mean either the manufacturer of the item, an individual or firm licensed by the manufacturer, or an individual or firm who will perform the work under the manufacturer's direct supervision. (End of Clause) 6. GSAM 552.236-82 - SUBCONTRACTS (APR 1984) (a) Nothing contained in the contract shall be construed as creating any contractual relationship between any subcontractor and the Government. The divisions or sections of the specifications are not intended to control the Contractor in dividing the work among subcontractors, or to limit the work performed by any trade. (b) The Contractor shall be responsible to the Government for acts and omissions of his own employees and of subcontractors and their employees. He shall also be responsible for the coordination of the work of the trades, subcontractors and suppliers. (c) The Government will not undertake to settle any differences between or among the Contractor, subcontractors, or suppliers. (End of Clause) 7. GSAM 552.211-71 STANDARD REFERENCES (SEP 1999)

(a) All documents and publications (such as, but not limited to, manuals, handbooks, codes, standards and specifications) cited in this contract for the purpose of establishing requirements applicable to equipment, materials, or workmanship under this contract, shall be deemed to be incorporated herein as fully as if printed and bound with the specifications of this contract, in accordance with the following:

(1) Wherever reference is made to Standard Specifications of the Public Buildings Service, Interim Federal Specifications, Interim Amendments to Federal Specifications, Interim Federal Standards, or Interim Amendments to Federal Standards, the Contractor shall comply with the requirements set out in the issue or edition identified in this contract.

(2) Wherever reference is made to any such document other than those specified in subparagraph (1) above, the Contractor shall comply with the requirements set out in the edition specified in this contract, or if not specified, the latest edition or revision thereof, as well as the latest amendment or supplement thereto, in effect on the date of the solicitation on this project, except as modified by, as otherwise provided in, or as limited to type, class or grade, by the specifications of this contract.

(b) Upon request the Contractor shall make available at the job site within a reasonable time, a copy of each trade manual and standard which is incorporated by reference in this contract and which governs quality BONDS AND INSURANCE 8. GSAM 552.228-70 Workers' Compensation Laws. (SEP 1999)

The Act of June 25, 1936, 49 Stat. 1938 (40 U.S.C. 290) authorizes the constituted authority of the several States to apply their workers' compensation laws to all lands and premises owned or held by the United States. (End of clause)

9. FAR 52.252-2 Clauses Incorporated by Reference. (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):



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www.arnet.gov/gsam www.arnet.gov/far

(End of clause)

SITE CONDITIONS 10. GSAM 552.236-76 - MEASUREMENTS (APR 1984) All dimensions shown of existing work and all dimensions required for work that is to connect with work now in place, shall be verified by the Contractor by actual measurement of the existing work. Any discrepancies between the contract requirements and the existing conditions shall be referred to the Contracting Officer before any work affected thereby has been performed. (End of Clause) SPECIFICATIONS AND DRAWINGS 11. FAR 52.211-1 - AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS, AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29 (AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section, Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978. (b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this

solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

(End of provision)

AVAILABILITY OF OTHER REFERENCE DOCUMENTS: Other reference documents cited in this solicitation may be obtained from the organizations responsible for their preparation, maintenance, and publication. These are listed in the section, DEFINITIONS AND STANDARDS, of the technical specifications. 12. GSAM 552.236-77 Specifications and Drawings. (SEP 1999)

The requirements of the clause entitled "Specifications and Drawings for Construction" at FAR 52.236-21, are supplemented as follows:

(a) In case of difference between small and large-scale drawings, the large-scale drawings shall govern. Schedules on any contract drawing shall take precedence over conflicting information on that or any other contract drawing. On any of the drawings where a portion of the work is detailed or drawn out and the remainder is shown in outline, the parts detailed or drawn out shall apply also to all other like portions of the work.

(b) Where the word "similar" occurs on the drawings, it shall have a general meaning and not be interpreted as being identical, and all details shall be worked out in relation to their location and their connection with other parts of the work.



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(c) Standard Details or Specification Drawings are applicable when listed, bound with the specifications, noted on the drawings or referenced elsewhere in the specifications. Where the notes on the drawings indicate modifications, such modifications shall govern.

(d) In case of difference between Standard Details or Specification Drawings and the specifications, the specifications will govern. In case of difference between the Standard Details or Specification Drawings and the drawings prepared specifically for this contract, the later shall govern. (End of clause)

13. GSAM 552.236-78 Shop Drawings, Coordination Drawings, and Schedules (SEP 1999)

The requirements, of the clause entitled "Specifications and Drawings for Construction" at FAR 52.236-21, are supplemented as follows:

(a) The Contractor shall submit shop drawings, coordination drawings, and schedules for approval as required by the specifications or requested by the Contracting Officer as follows:

(b) Shop drawings shall include fabrication, erection and setting drawings, schedule drawings, manufacturers' scale drawings, wiring and control diagrams, cuts or entire catalogs, pamphlets, descriptive literature, and performance and test data.

(c) Drawings and schedules, other than catalogs, pamphlets and similar printed material, shall be submitted in reproducible form with two prints made by a process approved by the Contracting Officer. Upon approval, the reproducible form will be returned to the Contractor who shall then furnish the number of additional prints, not to exceed 10, required by the specifications. The Contractor shall submit shop drawings in catalog, pamphlet and similar printed form in a minimum of four copies plus as many additional copies as the Contractor may desire or need for his use or use by subcontractors.

(d) Before submitting shop drawings on the mechanical and electrical work, the Contractor shall submit and obtain the Contracting Officer's approval of such lists of mechanical and electrical equipment and materials as may be required by the specifications.

(e) Each shop drawing or coordination drawing shall have a blank area 5 by 5 inches, located adjacent to the title block. The title block shall display the following:

Number and title of drawing Date of drawing or revision Name of project building or facility Name of Contractor and (if appropriate) name of subcontractor submitting drawing Clear identity of contents and location on the work Project title and contract number

(f) Unless otherwise provided in this contract, or otherwise directed by the Contracting Officer, shop drawings, coordination drawings and schedules shall be submitted to the Contracting Officer, with a letter in triplicate, sufficiently in advance of construction requirements to permit no less than 10 working days for checking and appropriate action.

(g) Approval of drawings and schedules will be general and shall not be construed as permitting any departure from the contract requirements, or as approving departures from full-size details furnished by the Contracting Officer. (End of clause)

PERFORMANCE 14. GSAM 552.236-79 - SAMPLES (APR 1984) (a) After the award of the contract, the Contractor shall furnish for the approval of the Contracting Officer samples required by the specifications or by the Contracting Officer. Samples shall be delivered to the Contracting Officer or to the Architect as



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specified or as directed. The Contractor shall prepay all shipping charges on samples. Materials or equipment for which samples are required shall not be used in the work until approved in writing by the Contracting Officer. (b) Each sample shall have a label indicating: (i) Name of project building or facility, project title and contract number (ii) Name of Contractor and, if appropriate, name of subcontractor (iii) Identification of material or equipment with specification requirement (iv) Place of origin (v) Name of producer and brand (if any). Samples of finished materials shall have additional markings that will identify them under the finish schedules. (c) The Contractor shall mail under separate cover a letter in triplicate submitting each shipment of samples and containing the information required in paragraph (b) above. He shall enclose a copy of this letter with the shipment and send a copy to the Government representative on the project. Approval of a sample shall be only for the characteristics or use named in such approval and shall not be construed to change or modify any contract requirement. Substitutions will not be permitted unless they are approved in writing by the Contracting Officer. (d) Approved samples not destroyed in testing will be sent to the Government representative at the project. Approved samples of hardware in good condition will be marked for identification and may be used in the work. Materials and equipment, incorporated in the work shall match the approved samples. Other samples not destroyed in testing or not approved will be returned to the Contractor at his expense if so requested at time of submission. (e) Failure of any material to pass the specified tests will be sufficient cause for refusal to consider, under this contract, any further samples of the same brand or make of that material or equipment which previously has proved unsatisfactory in service. (f) Samples of various materials or equipment delivered on the site or in place may be taken by the Government representative for testing. Samples failing to meet contract requirements will automatically void previous approvals of the items tested. The Contractor shall replace such materials or equipment found not to have met contract requirements, or there shall be a proper adjustment of the contract price as determined by the Contracting Officer. (g) Unless otherwise specified, when tests are required only one test of each sample proposed for use will be made at the expense of the Government. Samples which do not meet specification requirements will be rejected. Testing of additional samples will be made by the Government at the expense of the Contractor. (End of Clause) 15. GSAM 552.236-75 - USE OF PREMISES (APR 1984) (a) If the premises are occupied, the Contractor, his subcontractors, and their employees shall comply with the regulations governing access to, operation of, and conduct while in or on the premises and shall perform the work required under this contract in such a manner as not to unreasonably interrupt or interfere with the conduct of Government business. (b) Any request received by the Contractor from occupants of existing buildings to change the sequence of work shall be referred to the Contracting Officer for determination. (c) If the premises are occupied, the Contractor, his subcontractors and their employees shall not have access to or be admitted into any building outside the scope of this contract except with official permission. (End of Clause) 16. GSAM 552.236-80 - HEAT (APR 1984) Unless otherwise specified or unless already provided by the Government the Contractor shall; (a) Provide heat, as necessary to protect all work, materials, and equipment against injury from dampness and cold; (b) Protect, cover and/or heat as may be necessary, to produce and maintain a temperature of not less than 50 degrees Fahrenheit (1) in the concrete during the placing, setting and curing of concrete, and (2) in the plaster during the application, setting and curing of plaster; and (c) Provide heat as necessary in the area where work is to be done to provide the minimum temperature recommended by the supplier or manufacturer of the material, but in no case less than 50 degrees Fahrenheit, for a period beginning 10 days before placing of interior finishes and finish materials and continuing until completion or beneficial occupancy of the area, whichever is earlier. (End of Clause) 17. GSAM 552.236-74 - WORKING HOURS (APR 1984) (a) It is contemplated that all work will be performed during the customary working hours of the trades involved unless otherwise specified in this contract. Work performed by the Contractor at his own volition outside such customary working hours shall be at no additional expense to the Government.



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(b) Any requests received by the Contractor from occupants of existing buildings to change the hours of work shall be referred to the Contracting Officer for determination. (End of Clause) USE AND POSSESSION 18. GSAM 552.236-81 - USE OF EQUIPMENT BY THE GOVERNMENT (APR 1984) (a) The Government may take over and operate, with Government employees, such equipment as is necessary for heating or cooling such areas of the building as require the service, as soon as the installation is sufficiently complete. (b) The Contracting Officer will advise the Contractor by letter, prior to the use of equipment, which items of equipment will be operated, and the date and time such operation will begin. (c) Government operation of equipment will not relieve the Contractor of the one-year guarantee on materials and workmanship elsewhere provided for in this contract. (d) The guarantee period, elsewhere provided for in this contract, for each piece of equipment shall be in accordance with the "Guarantees" clause of this contract. (End of Clause) INSPECTION 19. GSAM 552.246-72 Final Inspection and Tests (SEP 1999)

The Contractor shall give written notice to the Contracting Officer at least 10 calendar days before the date the work will be completed and ready for final inspection and tests. Final inspection and tests will begin within 10 calendar days after the date specified in the Contractor's notice unless the Contracting Officer determines that the work is not ready for final inspection and so informs the Contractor. (End of clause)

WARRANTY AND GUARANTEES 20. GSAM 552.246-75 - GUARANTEES (MAY 1989) (a) Unless otherwise provided in the specifications, the Contractor guarantees all work to be in accordance with contract requirements and free from defective or inferior materials, equipment, and workmanship for 1 year after the date of final acceptance or the date the equipment or work was placed in use by the Government, whichever occurs first. (b)(1) If, within any guarantee period, the Contracting Officer finds that guaranteed work requires repairs or change because of defective or inferior materials, equipment, or workmanship or is not in accordance with contract requirements, the Contracting Officer shall notify the Contractor in writing. The Contractor shall promptly, and without additional expense to the Government, correct: (i) All guaranteed work; (ii) All damage to equipment, the site, the building or its contents resulting from the unsatisfactory guaranteed work; and (iii) Any work, materials, and equipment that are disturbed in fulfilling the guarantee, including any disturbed work, materials, and equipment that may have been guaranteed under another contract. (2) If the Contractor fails to proceed promptly in accordance with the guarantee, the Government may have such work performed at the expense of the Contractor. (c) Any special guarantees that may be required under the contract will be subject to paragraphs (a) and (b), insofar as they do not conflict with special guarantees. (d) The Contractor shall furnish to the Government: (1) Each transferable guarantee or warranty of equipment, materials, or installation furnished by any manufacturer, supplier, or installer in the ordinary course of business; (2) All information required to make such guarantee or warranty legally binding and effective; and (3) The information and the guarantee or warranty in sufficient time to permit the Government to meet any time limit specified in the guarantee or warranty or, if no time limit is specified, prior to completion and acceptance of all work under this contract. (End of Clause) BUY AMERICAN



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21. FAR 52.225-9 Buy American Act-Construction Materials (JUNE 2003) (a) Definitions. As used in this clause- "Component" means an article, material, or supply incorporated directly into a construction material. "Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material. "Cost of components" means- (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. "Domestic construction material" means- (1) An unmanufactured construction material mined or produced in the United States; or (2) A construction material manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. "Foreign construction material" means a construction material other than a domestic construction material. "United States" means the 50 States, the District of Columbia and outlying areas. (b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause. (2) This requirement does not apply to the construction material or components listed by the Government as follows: ________________________________________________ [Contracting Officer to list applicable excepted materials or indicate "none"] (3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that- (i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent; (ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or (iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. (c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including- (A) A description of the foreign and domestic construction materials; (B) Unit of measure; (C) Quantity; (D) Price; (E) Time of delivery or availability; (F) Location of the construction project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause. (iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued). (iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination. (2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause. (3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy



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American Act. (d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description

Unit of Measure

Quantity

Price (Dollars)*

Item 1:

Foreign construction material

_______

_______

_______

Domestic construction material

_______

_______

_______

Item 2:

_______

_______

_______


_______

_______

_______


22. FAR 52.225-10 Notice of Buy American Act Requirement-Construction Materials (May 2002) (Applies to contracts under $6,806,000) (a) Definitions. "Construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American Act-Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9). (b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer. (c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9. (2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost. (d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.



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(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations. (End of provision) Alternate I (May 2002). As prescribed in 25.1102(b)(2), substitute the following paragraph (b) for paragraph (b) of the basic provision: (b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9. 23. FAR 52.225-11 Buy American Act-Construction Materials under Trade Agreements (JUNE 2003) (Applies to contracts over $6,806,000) (a) Definitions. As used in this clause- "Component" means an article, material, or supply incorporated directly into a construction material. "Construction material" means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material. "Cost of components" means- (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. "Designated country" means any of the following countries: Aruba

Kiribati

Austria

Korea, Republic of

Bangladesh

Lesotho

Belgium

Liechtenstein

Benin

Luxembourg

Bhutan

Malawi

Botswana

Maldives

Burkina Faso

Mali

Burundi

Mozambique



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Canada Nepal Cape Verde

Netherlands

Central African Republic

Niger

Chad

Norway

Comoros

Portugal

Denmark

Rwanda

Djibouti

Sao Tome and Principe

Equatorial Guinea

Sierra Leone

Finland

Singapore

France

Somalia

Gambia

Spain

Germany

Sweden

Greece

Switzerland

Guinea

Tanzania U.R.

Guinea-Bissau

Togo

Haiti

Tuvalu

Hong Kong

Uganda

Iceland

United Kingdom

Ireland

Vanuatu

Israel

Western Samoa

Italy

Yemen

Japan

"Designated country construction material" means a construction material that- (1) Is wholly the growth, product, or manufacture of a designated country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a designated country into a new and



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different construction material distinct from the materials from which it was transformed. "Domestic construction material" means- (1) An unmanufactured construction material mined or produced in the United States; or (2) A construction material manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. "Foreign construction material" means a construction material other than a domestic construction material. "North American Free Trade Agreement country" means Canada or Mexico. "North American Free Trade Agreement country construction material" means a construction material that- (1) Is wholly the growth, product, or manufacture of a North American Free Trade Agreement (NAFTA) country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a NAFTA country into a new and different construction material distinct from the materials from which it was transformed. "United States" means the 50 States, the District of Columbia and outlying areas. (b) Construction materials. (1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In addition, the Contracting Officer has determined that the Trade Agreements Act and the North American Free Trade Agreement (NAFTA) apply to this acquisition. Therefore, the Buy American Act restrictions are waived for designated country and NAFTA country construction materials. (2) The Contractor shall use only domestic, designated country, or NAFTA country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause. (3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials or components listed by the Government as follows: ________________________________________________ [Contracting Officer to list applicable excepted materials or indicate "none"] (4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that- (i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent; (ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or (iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. (c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including- (A) A description of the foreign and domestic construction materials; (B) Unit of measure; (C) Quantity; (D) Price; (E) Time of delivery or availability; (F) Location of the construction project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause. (iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued). (iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination. (2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause. (3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act. (d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:



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Foreign and Domestic Construction Materials Price Comparison Construction Material Description

Unit of Measure

Quantity

Price (Dollars)*

Item 1:


_______

_______

_______


_______

_______

_______

Item 2:


_______

_______

_______


_______

_______

_______

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] (End of clause) Alternate I (May 2002). (Applies to contracts between $6,806,000 and $7,068,419) As prescribed in 25.1102(c)(3), delete the definitions of "North American Free Trade Agreement country" and "North American Free Trade Agreement country construction material" from the definitions in paragraph (a) of the basic clause and substitute the following paragraphs (b)(1) and (b)(2) for paragraphs (b)(1) and (b)(2) of the basic clause: (b) Construction materials. (1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In addition, the Contracting Officer has determined that the Trade Agreements Act applies to this acquisition. Therefore, the Buy American Act restrictions are waived for designated country construction materials. (2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause. 24. FAR 52.225-12 Notice of Buy American Act Requirement-Construction Materials under Trade Agreements (May 2002) (Applies to contracts over $6,806,000) (a) Definitions. "Construction material," "designated country construction material," "domestic construction material," "foreign construction material," and "NAFTA country construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American Act-Construction Materials under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11). (b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer. (c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction materials,



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by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11. (2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost. (d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country or NAFTA country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic, designated country, or NAFTA country construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic, designated country, or NAFTA country construction material, and the offeror shall be required to furnish such domestic, designated country, or NAFTA country construction material. An offer based on use of the foreign construction material for which an exception was requested- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations. (End of provision) Alternate I (May 2002). As prescribed in 25.1102(d)(2), substitute the following paragraph (b) for paragraph (b) of the basic provision: (b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11. Alternate II (May 2002). (Applies to contracts between $6,806,000 and $7,068,000) As prescribed in 25.1102(d)(3), substitute the following paragraphs (a) and (d) for paragraphs (a) and (d) of the basic provision: (a) Definitions. "Construction material," "designated country construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American Act-Construction Materials under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11). (d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations. 25. FAR 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2003) (a) The Contractor shall not acquire, for use in the performance of this contract, any supplies or services originating from sources within, or that were located in or transported from or through, countries whose products are banned from importation into the United States and its outlying areas under regulations of the Office of Foreign Assets Control, Department of the Treasury. Those countries are Cuba, Iran, Iraq, Libya, North Korea, Sudan, the territory of Afghanistan controlled by the Taliban, and Serbia (excluding the territory of Kosovo). (b) The Contractor shall not acquire for use in the performance of this contract any supplies or services from entities controlled by the government of Iraq. (c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts. (End of clause)



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SUBCONTRACTING 26. FAR 52.244-6 Subcontracts for Commercial Items (May 2002) (a) Definitions. As used in this clause- "Commercial item" has the meaning contained in the clause at 52.202-1, Definitions. "Subcontract" includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier. (b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract. (c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items: (i) 52.219-8, Utilization of Small Business Concerns (Oct 2000) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212(a)); (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (v) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (June 2000) (46 U.S.C. Appx 1241) (flowdown not required for subcontracts awarded beginning May 1, 1996). (2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract. (End of clause) ADJUSTMENTS 27. GSAM 552.243-71 - EQUITABLE ADJUSTMENTS (APR 1984) (a) The provisions of the "Changes" clause prescribed by FAR 52.243-4 are supplemented as follows: (1) Upon written request, the Contractor shall submit a proposal, in accordance with the requirements and limitations set forth in the "Equitable Adjustments" clause, for work involving contemplated changes covered by the request. The proposal shall be submitted within the time limit indicated in the request or any extension of such time limit as may be subsequently granted. The Contractor's written statement of the monetary extent of a claim for equitable adjustment shall be submitted in the following form: (i) Proposals totaling $5,000 or less shall be submitted in the form of a lump sum proposal with supporting information to clearly relate elements of cost with specific items of work involved to the satisfaction of the Contracting Officer, or his/her authorized representative. (ii) For proposals in excess of $5,000, the claim for equitable adjustment shall be submitted in the form of a lump sum proposal supported with an itemized breakdown of all increases and decreases in the contract in at least the following detail: Direct Costs Material quantities by trades and unit costs (Manufacturing burden associated with material fabrication performed will be considered to be part of the material costs of the fabricated item delivered to the job site) Labor breakdown by trades and unit costs (Identified with specific item of material to be placed or operation to be performed) Construction equipment exclusively necessary for the change Costs of preparation and/or revision to shop drawings resulting from the change Workmen's Compensation and Public Liability Insurance Employment taxes under FICA and FUTA Bond Costs - when size of change warrants revision Overhead, Profit and Commission (2) The allowable overhead shall be determined in accordance with the contract cost principles and procedures in Part 31 of the Federal Acquisition Regulation (48 CFR Part 31) in effect on the date of this contract. The percentages for profit and commission shall be negotiated and may vary according to the nature, extent and complexity of the work involved, but in no case shall exceed the following unless the contractor demonstrates entitlement to a higher percentage: Overhead Profit Commission To Contractor on work



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performed by other than his --- ----- 10% own forces__________________________________________ To first tier subcontractor on work performed by his --- ----- 10% subcontractors______________________________________ To Contractor and/or the subcontractors for that portion of the work performed with their respec- To Be 10% --- tive forces Negotiated Not more than four percentages will be allowed regardless the number of tier subcontractors. The Contractor shall not be allowed a commission on the commission received by a first tier subcontractor. Equitable adjustments for deleted work shall include credits for overhead, profit and commission. On proposals covering both increases and decreases in the amount of the contract, the application of overhead and profit shall be on the net change in direct costs for the Contractor or subcontractor performing the work. (3) The Contractor shall submit with the proposal his request for time extension (if any), and shall include sufficient information and dates to demonstrate whether and to what extent the change will delay the contract in its entirety. (4) In considering a proposal, the Government shall make check estimates in detail, utilizing unit prices where specified or agreed upon, with a view to arriving at an equitable adjustment. (5) After receipt of a proposal the Contracting Officer shall act thereon, within 30 days; provided however, that when the necessity to proceed with a change does not allow time properly to check a proposal or in the event of failure to reach an agreement on a proposal, the Government may order the Contractor to proceed on the basis of price to be determined at the earliest practicable date. Such price shall not be more than the increase or less than the decrease proposed. (6) If a mutually acceptable agreement cannot be reached, the Contracting Officer may determine the price unilaterally. (b) The provisions of the "Differing Site Conditions" clause prescribed by FAR 52.236-2 are supplemented as follows: The Contractor shall submit all claims for equitable adjustment in accordance with, and subject to the requirements and limitations set out in paragraph (a) of this "Equitable Adjustments" clause. (End of Clause) 28. EQUITABLE ADJUSTMENTS: WAIVER AND RELEASE OF CLAIMS The “Equitable Adjustments” clause of the contract is supplemented as follows: (a) Whenever the Contractor, after receipt of notification of a change made pursuant to the clause of the contract entitled “Changes” or after affirmation of a constructive change thereunder, submits any claim for equitable adjustment under that clause, such claim shall include all types of adjustments in the total amounts to which that clause entitles the contractor, including but not limited to adjustments arising out of delays or disruptions or both caused by such change. Except as the parties may otherwise expressly agree, the Contractor shall be deemed to have waived (i) any adjustments to which it otherwise might be entitled under the aforesaid clause where such claim fails to request such adjustment, and (ii) any increase in the amount of equitable adjustments additional to those requested in its claim. (b) Further, the Contractor agrees that, if required by the Contracting Officer, he will execute a release, in form and substance satisfactory to the Contracting Officer, as part of the supplemental agreement setting forth the aforesaid adjustment, and that such release shall discharge the Government, its officers, agents and employees from any further claims, including but not limited to further claims arising out of delays or disruptions or both, caused by the aforesaid change.



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29. GSAR 552.243-70 - PRICING OF ADJUSTMENTS (APR 1989) When costs are a factor in any determination of a contract price adjustment, such costs shall be in accordance with the contract cost principles and procedures in Part 31 of the Federal Acquisition Regulation (48 CFR PART 31) in effect on the date of this contract. (End of Clause) AUDITS/COST & PRICING DATA 30. FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997) (a) The Contractor shall make the following notifications in writing: (1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days. (2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership. (b) The Contractor shall-- (1) Maintain current, accurate, and complete inventory records of assets and their costs; (2) Provide the ACO or designated representative ready access to the records upon request; (3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and (4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change. (c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k). (End of clause) 31. GSAM 552.215-70 - EXAMINATION OF RECORDS BY GSA (FEB 1996) The Contractor agrees that the Administrator of General Services or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under this contract, or of the time periods for the particular records specified in Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of the Contractor involving transactions related to this contract or compliance with any clauses thereunder. The Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Administrator of General Services or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under the subcontract, or of the time periods for the particular records specified in Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of such subcontractor, involving transactions related to the subcontract or compliance with any clauses thereunder. The term "subcontract" as used in this clause excludes (a) purchase orders not exceeding $100,000 and (b) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. (End of Clause) PAYMENT 32. FAR 52.232-27 Prompt Payment for Construction Contracts (Feb 2002) Notwithstanding any other payment terms in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a)(3) concerning payments due on Saturdays, Sundays, and legal holidays.) (a) Invoice payments- (1) Types of invoice payments. For purposes of this clause, there are several types of invoice payments that may occur under this contract, as follows: (i) Progress payments, if provided for elsewhere in this contract, based on Contracting Officer approval of the estimated amount and value of work or services performed, including payments for reaching milestones in any project. (A) The due date for making such payments is 30 days after the designated billing office receives a proper payment



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request. If the designated billing office fails to annotate the payment request with the actual date of receipt at the time of receipt, the payment due date is the 30th day after the date of the Contractor's payment request, provided the designated billing office receives a proper payment request and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. (B) The due date for payment of any amounts retained by the Contracting Officer in accordance with the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, is as specified in the contract or, if not specified, 30 days after approval by the Contracting Officer for release to the Contractor. (ii) Final payments based on completion and acceptance of all work and presentation of release of all claims against the Government arising by virtue of the contract, and payments for partial deliveries that have been accepted by the Government (e.g., each separate building, public work, or other division of the contract for which the price is stated separately in the contract). (A) The due date for making such payments is the later of the following two events: (1) The 30th day after the designated billing office receives a proper invoice from the Contractor. (2) The 30th day after Government acceptance of the work or services completed by the Contractor. For a final invoice when the payment amount is subject to contract settlement actions (e.g., release of claims), acceptance is deemed to occur on the effective date of the contract settlement. (B) If the designated billing office fails to annotate the invoice with the date of actual receipt at the time of receipt, the invoice payment due date is the 30th day after the date of the Contractor's invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. (2) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of this clause. If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt, with the reasons why it is not a proper invoice. When computing any interest penalty owed the Contractor, the Government will take into account if the Government notifies the Contractor of an improper invoice in an untimely manner. (i) Name and address of the Contractor. (ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of mailing or transmission.) (iii) Contract number or other authorization for work or services performed (including order number and contract line item number). (iv) Description of work or services performed. (v) Delivery and payment terms (e.g., discount for prompt payment terms). (vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). (vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice. (viii) For payments described in paragraph (a)(1)(i) of this clause, substantiation of the amounts requested and certification in accordance with the requirements of the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts. (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (xi) Any other information or documentation required by the contract. (3) Interest penalty. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(3)(i) through (a)(3)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty. (i) The designated billing office received a proper invoice. (ii) The Government processed a receiving report or other Government documentation authorizing payment and there was no disagreement over quantity, quality, Contractor compliance with any contract term or condition, or requested progress payment amount. (iii) In the case of a final invoice for any balance of funds due the Contractor for work or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor. (4) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR part 1315. (i) For the sole purpose of computing an interest penalty that might be due the Contractor for payments described in paragraph (a)(1)(ii) of this clause, Government acceptance or approval is deemed to occur constructively on the 7th day after the Contractor has completed the work or services in accordance with the terms and conditions of the contract. If actual acceptance or approval occurs within the constructive acceptance or approval period, the Government will base the determination of an interest penalty on the actual date of acceptance or approval. Constructive acceptance or constructive approval requirements do not apply if there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. These requirements also do not compel Government officials to accept work or services, approve Contractor estimates, perform contract administration functions, or make payment prior to



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fulfilling their responsibilities. (ii) The prompt payment regulations at 5 CFR 1315.10(c) do not require the Government to pay interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes, and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes. (5) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at 5 CFR part 1315. (6) Additional interest penalty. (i) The designated payment office will pay a penalty amount, calculated in accordance with the prompt payment regulations at 5 CFR part 1315 in addition to the interest penalty amount only if- (A) The Government owes an interest penalty of $1 or more; (B) The designated payment office does not pay the interest penalty within 10 days after the date the invoice amount is paid; and (C) The Contractor makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a)(6)(ii) of this clause, postmarked not later than 40 days after the date the invoice amount is paid. (ii)(A) The Contractor shall support written demands for additional penalty payments with the following data. The Government will not request any additional data. The Contractor shall- (1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required; (2) Attach a copy of the invoice on which the unpaid late payment interest was due; and (3) State that payment of the principal has been received, including the date of receipt. (B) If there is no postmark or the postmark is illegible- (1) The designated payment office that receives the demand will annotate it with the date of receipt provided the demand is received on or before the 40th day after payment was made; or (2) If the designated payment office fails to make the required annotation, the Government will determine the demand's validity based on the date the Contractor has placed on the demand, provided such date is no later than the 40th day after payment was made. (b) Contract financing payments. If this contract provides for contract financing, the Government will make contract financing payments in accordance with the applicable contract financing clause. (c) Subcontract clause requirements. The Contractor shall include in each subcontract for property or services (including a material supplier) for the purpose of performing this contract the following: (1) Prompt payment for subcontractors. A payment clause that obligates the Contractor to pay the subcontractor for satisfactory performance under its subcontract not later than 7 days from receipt of payment out of such amounts as are paid to the Contractor under this contract. (2) Interest for subcontractors. An interest penalty clause that obligates the Contractor to pay to the subcontractor an interest penalty for each payment not made in accordance with the payment clause- (i) For the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made; and (ii) Computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) in effect at the time the Contractor accrues the obligation to pay an interest penalty. (3) Subcontractor clause flowdown. A clause requiring each subcontractor to- (i) Include a payment clause and an interest penalty clause conforming to the standards set forth in paragraphs (c)(1) and (c)(2) of this clause in each of its subcontracts; and (ii) Require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier. (d) Subcontract clause interpretation. The clauses required by paragraph (c) of this clause shall not be construed to impair the right of the Contractor or a subcontractor at any tier to negotiate, and to include in their subcontract, provisions that- (1) Retainage permitted. Permit the Contractor or a subcontractor to retain (without cause) a specified percentage of each progress payment otherwise due to a subcontractor for satisfactory performance under the subcontract without incurring any obligation to pay a late payment interest penalty, in accordance with terms and conditions agreed to by the parties to the subcontract, giving such recognition as the parties deem appropriate to the ability of a subcontractor to furnish a performance bond and a payment bond; (2) Withholding permitted. Permit the Contractor or subcontractor to make a determination that part or all of the subcontractor's request for payment may be withheld in accordance with the subcontract agreement; and (3) Withholding requirements. Permit such withholding without incurring any obligation to pay a late payment penalty if- (i) A notice conforming to the standards of paragraph (g) of this clause previously has been furnished to the subcontractor; and (ii) The Contractor furnishes to the Contracting Officer a copy of any notice issued by a Contractor pursuant to paragraph (d)(3)(i) of this clause. (e) Subcontractor withholding procedures. If a Contractor, after making a request for payment to the Government but before making a payment to a subcontractor for the subcontractor's performance covered by the payment request, discovers that all or a portion of the payment otherwise due such subcontractor is subject to withholding from the subcontractor in accordance with the subcontract agreement, then the Contractor shall- (1) Subcontractor notice. Furnish to the subcontractor a notice conforming to the standards of paragraph (g) of this clause as soon as practicable upon ascertaining the cause giving rise to a withholding, but prior to the due date for subcontractor payment; (2) Contracting Officer notice. Furnish to the Contracting Officer, as soon as practicable, a copy of the notice furnished to the



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subcontractor pursuant to paragraph (e)(1) of this clause; (3) Subcontractor progress payment reduction. Reduce the subcontractor's progress payment by an amount not to exceed the amount specified in the notice of withholding furnished under paragraph (e)(1) of this clause; (4) Subsequent subcontractor payment. Pay the subcontractor as soon as practicable after the correction of the identified subcontract performance deficiency, and- (i) Make such payment within- (A) Seven days after correction of the identified subcontract performance deficiency (unless the funds therefor must be recovered from the Government because of a reduction under paragraph (e)(5)(i)) of this clause; or (B) Seven days after the Contractor recovers such funds from the Government; or (ii) Incur an obligation to pay a late payment interest penalty computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments under section 12 of the Contracts Disputes Act of 1978 (41 U.S.C. 611) in effect at the time the Contractor accrues the obligation to pay an interest penalty; (5) Notice to Contracting Officer. Notify the Contracting Officer upon- (i) Reduction of the amount of any subsequent certified application for payment; or (ii) Payment to the subcontractor of any withheld amounts of a progress payment, specifying- (A) The amounts withheld under paragraph (e)(1) of this clause; and (B) The dates that such withholding began and ended; and (6) Interest to Government. Be obligated to pay to the Government an amount equal to interest on the withheld payments (computed in the manner provided in 31 U.S.C. 3903(c)(1)), from the 8th day after receipt of the withheld amounts from the Government until- (i) The day the identified subcontractor performance deficiency is corrected; or (ii) The date that any subsequent payment is reduced under paragraph (e)(5)(i) of this clause. (f) Third-party deficiency reports- (1) Withholding from subcontractor. If a Contractor, after making payment to a first-tier subcontractor, receives from a supplier or subcontractor of the first-tier subcontractor (hereafter referred to as a "second-tier subcontractor") a written notice in accordance with section 2 of the Act of August 24, 1935 (40 U.S.C. 270b, Miller Act), asserting a deficiency in such first-tier subcontractor's performance under the contract for which the Contractor may be ultimately liable, and the Contractor determines that all or a portion of future payments otherwise due such first-tier subcontractor is subject to withholding in accordance with the subcontract agreement, the Contractor may, without incurring an obligation to pay an interest penalty under paragraph (e)(6) of this clause- (i) Furnish to the first-tier subcontractor a notice conforming to the standards of paragraph (g) of this clause as soon as practicable upon making such determination; and (ii) Withhold from the first-tier subcontractor's next available progress payment or payments an amount not to exceed the amount specified in the notice of withholding furnished under paragraph (f)(1)(i) of this clause. (2) Subsequent payment or interest charge. As soon as practicable, but not later than 7 days after receipt of satisfactory written notification that the identified subcontract performance deficiency has been corrected, the Contractor shall- (i) Pay the amount withheld under paragraph (f)(1)(ii) of this clause to such first-tier subcontractor; or (ii) Incur an obligation to pay a late payment interest penalty to such first-tier subcontractor computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments under section 12 of the Contracts Disputes Act of 1978 (41 U.S.C. 611) in effect at the time the Contractor accrues the obligation to pay an interest penalty. (g) Written notice of subcontractor withholding. The Contractor shall issue a written notice of any withholding to a subcontractor (with a copy furnished to the Contracting Officer), specifying- (1) The amount to be withheld; (2) The specific causes for the withholding under the terms of the subcontract; and (3) The remedial actions to be taken by the subcontractor in order to receive payment of the amounts withheld. (h) Subcontractor payment entitlement. The Contractor may not request payment from the Government of any amount withheld or retained in accordance with paragraph (d) of this clause until such time as the Contractor has determined and certified to the Contracting Officer that the subcontractor is entitled to the payment of such amount. (i) Prime-subcontractor disputes. A dispute between the Contractor and subcontractor relating to the amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to paragraph (c) of this clause does not constitute a dispute to which the Government is a party. The Government may not be interpleaded in any judicial or administrative proceeding involving such a dispute. (j) Preservation of prime-subcontractor rights. Except as provided in paragraph (i) of this clause, this clause shall not limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or a subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or nonperformance by a subcontractor. (k) Non-recourse for prime contractor interest penalty. The Contractor's obligation to pay an interest penalty to a subcontractor pursuant to the clauses included in a subcontract under paragraph (c) of this clause shall not be construed to be an obligation of the Government for such interest penalty. A cost-reimbursement claim may not include any amount for reimbursement of such interest penalty. (l) Overpayments. If the Contractor becomes aware of a duplicate payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment. (End of clause)



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33. 52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information (May 1999)

(a) As provided in paragraph (b) of the clause at 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration, the Government has designated the office cited in paragraph (c) of this clause as the office to receive the Contractor's electronic funds transfer (EFT) information, in lieu of the payment office of this contract. (b) The Contractor shall send all EFT information, and any changes to EFT information to the office designated in paragraph (c) of this clause. The Contractor shall not send EFT information to the payment office, or any other office than that designated in paragraph (c). The Government need not use any EFT information sent to any office other than that designated in paragraph (c). (c) Designated Office: General Services Administration, Region 7 Finance Division (7BCPC)

819 Taylor Street Fort Worth, TX 76102 Telephone: 817-978-2436

(End of clause)

34. GSAM 552.232-78 Payment Information (July 2000)

The General Services Administration (GSA) makes information on contract payments available electronically at http://www.finance.gsa.gov. 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.

(End of clause)

STOP WORK/ TERMINATION 35. GSAM 552.211-84 - NON-COMPLIANCE WITH CONTRACT REQUIREMENTS (FEB 1996) 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. (End of Clause)



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SECTION 00800

• Supplementary Conditions END OF SECTION 00800



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General Services Administration 1 Public Buildings Service Southeast Sunbelt Region Section 00800 Clauses Real Estate Design and Construction

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SECTION 00800 - SUPPLEMENTARY CONDITIONS 1. GENERAL:

1.01 GENERAL CONDITIONS: Whenever the term "General Conditions" is used in the specification, it refers to the "Construction Contract Clauses (Fixed Price)."

1.02 CLAUSES AND PROVISIONS: The designation FAR and GSAM in the clauses and provisions refer to

the sources of the clauses which provide for their use. FAR refers to the Federal Acquisition Regulations and GSAM refers to the General Services Administration Acquisition Regulations. The FAR is published in Title 48 of the Code of Federal Regulations, Chapter 1 (48 CFR 1). The GSAM appears in Chapter 5 of Title 48 (48 CFR 5). Occasionally, the term "Alternate" appears in a title. This term reflects the selected alternate wording of the particular clause or provision which appears in the FAR or GSAM.

2. PERFORMANCE:

2.01 FAR 52.211-10 - COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984): The Contractor shall be required to: A. Commence work under this contract within one (1) calendar day after the date the Contractor

receives notice to proceed. B. Prosecute the work diligently, and: C. Performance Period. Complete the contract work ready for use not later than the proposed

Performance Period (not to exceed 854 calendar days) after effective notice to proceed. The time stated for completion shall include final cleanup of the premises.

2.02 FAR 52.211-12 - LIQUIDATED DAMAGES - CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract,

the Contractor shall pay liquidated damages to the Government in the amount of _$6,246_ [Contracting Officer insert amount] for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause. (End of clause)

3. INSURANCE:

3.01 INSURANCE:

The contractor must refer to the clauses "Insurance Work on Government Installation" and "Insurance" of the Construction Contract Clauses (Fixed-Price). The coverages specified below, pursuant to subpart 28.307 of the Federal Acquisition Regulation (FAR), are the minimum insurance required. NOTE: The clause "Insurance" requires that "the United States of America, acting by and through the General Services Administration" be named as an additional insured.



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A. Workers' Compensation and Employers' Liability. Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employers' liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employers' liability coverage of at least $100,000 shall be required, except in the States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

B. General Liability.

(1) The contractor shall provide bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property Damage liability insurance shall be required only in special circumstances as determined by the agency.

C. Automobile Liability. The contractor shall provide automobile liability insurance written on the

comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

4. Resource Conservation and Recovery Act (RCRA) and “Greening the Government Through Waste

Prevention, Recycling and Federal Acquisitions (E.O. 13101) GSA’s policy is to procure and use products containing post-consumer content (recycled material). In order to promote the utilization of recovered materials in the manufacture of building products to the maximum extent practicable, the minimum content standards in Tables, below, have been established by EPA. If this solicitation provides for the use of building products for which a minimum content standard is not contained in the table, the contractor shall use its best efforts to provide building products with the maximum percentage of recovered materials. The Environmental Protection Agency (EPA) has published Comprehensive Procurement Guidelines (CPG) items and their associated Recovered Materials Advisory Notices (RMANs) on the internet at http;://www.epa.gov/cpg. The following CPG items have been identified associated with this solicitation.

TABLE 1. -- MINIMUM CONTENT STANDARDS FOR RECOVERED MATERIALS IN

BUILDING INSULATION PRODUCTS



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Product Material Postconsumer Content (%)

Total Recovered Material Content

(%) Rock Wool Slag -- 75 Fiberglass Glass Cullet -- 20-25 Cellulose Loose-Fill and Spray On

Postconsumer Paper

75 75

Perlite Composite Board

Postconsumer Paper

23 23

Plastic rigid foam, polyisocyanurate/ polyurethane:

Rigid Foam

--

--

9

Foam-in-Place

--

--

5

Glass Fiber Reinforced

--

--

6

Phenolic Rigid Foam

--

--

5

Plastic, Non-Woven Batt

Recoverd and/or Postconsumer

Plastics

--

100

TABLE 2. -- MINIMUM CONTENT STANDARDS FOR RECOVERED MATERIALS IN

SHOWER & RESTROOM DIVIDERS/PARTITIONS

Material Postconsumer Content (%)

Total Recovered Materials Content (%)

Steel 16 67

25-30 100

Plastic 20-100 20-100

5. FAR 52.223-9 Certification and Estimate of Percentage of Recovered Material Content for EPA Designated Items. (Aug 2000) (Applies to contracts over $100,000 that are for, or specify the use of recovered materials) (a) Definitions. As used in this clause-

“Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.” “Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.



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(b) The Contractor, on completion of this contract shall – (1) Estimate the percentage of the total recovered material used in contract performance, including, if applicable, the percentage of postconsumer material content; and (2) Submit this estimate to _____________________ [Contracting Officer complete in accordance with agency procedures]. (End of clause)

Alternate I (Aug 2000). As prescribed in 23.406(b), redesignate paragraph (b) of the basic clause as paragraph (c) and add the following paragraph (b) to the basic clause:

(b) The Contractor shall execute the following certification required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(i)(2)(C)): Certification I, _______________ (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated products met the applicable contract specifications. ______________________________________________ [Signature of the Officer or Employee] ______________________________________________ [Typed Name of the Officer or Employee] ______________________________________________ [Title] ______________________________________________ [Name of Company, Firm, or Organization] ______________________________________________ [Date] (End of certification)

6. SITE CONDITIONS:

6.01 FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information used by the Contractor.

The indications of physical conditions on the drawings and in the specifications are the result of site investigations by others. All field dimensions and conditions must by verified by the Contractor prior to commencing work.

(End of clause) 7. EMPLOYMENT PRACTICES:

7.01 FAR 52.222-23 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB. 1999):

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the

Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:



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Goals for minority Goals for female participation participation for each trade for each trade ------------------------------------------------------- 36% 8%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41

CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal

Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--

(1) Name, address, and telephone number of the subcontractor; (2) Employer's identification number of the subcontractor; (3) Estimated dollar amount of the subcontract; (4) Estimated starting and completion dates of the subcontract; and (5) Geographical area in which the subcontract is to be performed. (e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

National Capitol Region.

(End of provision)

8.01 PROMPT PAYMENT: (Payments under this contract will be made in accordance with the terms of the

Prompt Payment Clause listed in the Construction Contract Clauses (Fixed Priced).)



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A. The Contractor shall attend payment meetings each month scheduled herein, with the designated Government representative, prior to the submission of the contractor's progress payment invoice (payment request). These may be held in conjunction with the progress meetings held pursuant to Section 00120, Progress Meetings, or the coordination meetings held under Section 01205, Procedures and Controls or Section 01040, Project Coordination, as applicable. The payment meetings may be conducted in person or by telephone. The meetings will enable payments to be made promptly and within the dates established in the contract. The purpose of the payment meetings is to enable the contractor and the Government representatives to discuss the amount of the prospective payment and the supporting documentation required, and to reach agreement on the amount thereof. Inspections by all parties will be completed prior to or during the meeting, thus ensuring timely substantiation and agreement on paying amounts. The schedule for payment meetings is as follows:

A schedule will be determined at the pre-construction conference.

B. The contractor shall submit the original invoice to the Contracting Officer's representative (COR) or, if a

contract is being administered with the assistance of a CQM or CM contractor, a copy to such contractor as follows (separate payment request shall be submitted for progress payments, payments of retainage, and partial or final payments):

To be determined at the pre-construction meeting

C. Payment request shall not be submitted until the scheduled payment meetings are held. If the contractor

fails to attend a payment meeting, the Government will make payment on the contractor's payment request based upon the results of the Government inspection, in the amount of no more than the Government's estimate of the amount due. The balance of the contractor's payment request will remain in dispute and will not be subject to any late payment penalty until such time that an invoice including the disputed amount is resubmitted and agreement is reached with the Contracting Officer on any payment amount being due.

D. Payment due dates are based upon the receipt of a proper invoice by the Contracting Officer. If the

invoice is defective (see FAR clause 52.232-27, Prompt Payment for Construction Contracts, and GSAM Clause 552.232-72, Invoice Requirements), it will be returned to the contractor for appropriate action. If there is any disagreement over the payment amount, the Contracting Officer may pay the portion of the requested payment that is not in dispute.

9. INVOICE REQUIREMENTS:

When an invoice is required to be submitted under this contract, the Contractor shall submit it in accordance with the following clause:

9.01 GSAM 552.232-70 Invoice Requirements (SEP 1999)

(a) Invoices shall be submitted in an original only, unless otherwise specified, to the designated billing office specified in this contract or order.

(b) Invoices must include the Accounting Control Transaction (ACT) number provided below or on the order.

ACT Number (Contracting Officer insert number)



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(c) In addition to the requirements for a proper invoice specified in the Prompt Payment clause of this contract or order, the following information or documentation must be submitted with each invoice:

1. Name of the business concern and invoice date. 2. Contract number. 3. Delivery order number or other authorization for delivery of property or services. 4. Item number, national stock number (NSN) or other product identification number, description,

price, and quantity or services actually delivered or rendered. 5. Shipping and payment terms. 6. Name (where practicable), title, phone number, and complete mailing address of responsible

official to whom payment is to be sent. The “remit to” address must correspond to the remittance address in the contract.

7. A complete estimate of the payment requested supported by a cost breakdown and satisfactory evidence of title to off-site materials. (See the Construction Contract Clauses)

8. A certification of payment form (GSA Form 2419). (See the Construction Contract Clauses). 9. For final payment, a release of claims. (See the Construction Contract Clauses). 10. Information necessary to enable the Government to make payment by wire transfer shall be

furnished in accordance with the Method of Payment clause of this contract.

To assist the Government in making timely payments, the Contractor is requested to furnish the following additional information either on the invoice or on an attachment to the invoice. Revised construction schedule showing actual progress to date. For purposes of the Invoice Requirements Clause (GSAM 552.232-70‚ the term “office designated to receive invoices” shall be the Contracting Officer’s Representative (COR).

-furnished property to the Contractor, the Contractor assumes the risk and responsibility for its loss or

damage, except-

(i) For reasonable wear and tear;

(ii) To the extent property is consumed in performing this contract; or

(iii) As otherwise provided for by the provisions of this contract.

D. Upon completing this contract, the Contractor shall follow the instructions of the Contracting Officer regarding the disposition of all Government- furnished property not consumed in performing this contract or previously delivered to the Government. The Contractor shall prepare for shipment, deliver f.o.b. origin, or dispose of the Government property, as may be directed or authorized by the Contracting Officer. The net proceeds of any such disposal shall be credited to the contract price or shall be paid to the Government as directed by the Contracting Officer.

E. If this contract is to be performed outside the United States of America, its territories, or possessions, the words “Government” and “Government-furnished” (wherever they appear in this clause) shall be construed as “United States Government” and “United States Government-furnished”, respectively.

(End of Clause)



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10. GSAM 552.219-73 -- GOALS FOR SUBCONTRACTING PLAN (SEP 1999) APPLICABLE ONLY IF CONTRACT IS OVER $1,000,000

APPLICABLE ONLY IF CONTRACTOR IS A LARGE BUSINESS: (a) Maximum practicable utilization of small, HUBZone small, small disadvantaged, and

women-owned small business concerns as subcontractors is a matter of national interest with both social and economic benefits.

(1) The General Services Administration's (GSA's) commitment to ensuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, and women-owned small business concerns to participate as subcontractors in the performance of this contract, consistent with its efficient performance, must be reflected in the offeror's subcontracting plan submitted pursuant to the clause of this contract at FAR 52.219-9, Small Business Subcontracting Plan.

(2) In addressing the eleven elements described at FAR 52.219-9(d), the offeror shall demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, and women-owned business concerns in performing this contract. An offeror submitting a commercial products plan can demonstrate its commitment in providing maximum practicable opportunities through subcontracting opportunities it provides to small, HUBZone small, small disadvantaged, and women-owned small business concerns that relate to the offeror's production generally; i.e., for both its commercial and Government business.

(3) The subcontracting plan shall include a description of the offeror's subcontracting strategies used in previous contracts and significant achievements, with an explanation of how this plan will build upon those earlier achievements. Additionally, the offeror shall demonstrate through its plan that it understands the small business subcontracting program's objectives, GSA's expectations, and is committed to taking those actions necessary to meet these goals or objectives.

(b) GSA believes that this contract provides significant opportunities for the use of small, HUBZone small, small disadvantaged, and women-owned small business concerns as subcontractors. Accordingly, it is anticipated that an acceptable subcontracting plan will contain at least the following goals:

Small Business _40_percent Small Disadvantaged Business _8 _percent Women-Owned Small Business _5 _percent HUBZone Small Business _3_percent

Veteran-Owned Small Business _3_ percent Service-Disabled Veteran-Owned Small Business _3_ percent



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NOTE: Target goals are expressed as a percentage of planned subcontracting dollars.

(c) In determining the acceptability of any subcontracting plan, the Contracting Officer will --

(1) Review the plan to verify that the offeror has demonstrated an understanding of the small business subcontracting program's objectives and GSA's expectations with respect to the programs and has included all the information, goals, and assurances required by FAR 52.219-9;

(2) Consider previous goals and achievements of contractors in the same industry;

(3) Consider information and potential sources obtained from agencies administering national and local preference programs and other advocacy groups in evaluating whether the goals stated in the plan adequately reflect the anticipated potential for subcontracting to small, HUBZone small, small disadvantaged, and women-owned small business concerns; and

(4) Review the offeror's description of its strategies, historical performance and significant achievements in placing subcontracts for the same or similar products or services with small, HUBZone small, small disadvantaged, veteran-owned and women-owned small business concerns. The offeror's description can apply to commercial as well as previous Government contracts.

(d) Failure to submit an acceptable subcontracting plan and/or correct deficiencies in a plan within the time specified by the Contracting Officer shall make the offeror ineligible for award. (End of Provision)



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SECTION 00900

• Labor Standard Provisions • Wage General Decision




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General Services Administration 1 Public Buildings Service Southeast Sunbelt Region Section 00900 Labor-IBR Real Estate Design and Construction

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LABOR STANDARDS (CONSTRUCTION CONTRACT) -INCORPORATED BY REFERENCE -

(Applicable to Contracts in Excess of $2,000)

1. FAR 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--OVERTIME COMPENSATION. (SEPT 2000) . 2. FAR 52.222-6 DAVIS-BACON ACT. (FEB 1995) 3. FAR 52.222-7 WITHHOLDING OF FUNDS. (FEB 1988) 4. FAR 52.222-8 PAYROLLS AND BASIC RECORDS. (FEB 1988) 5. FAR 52.222-9 APPRENTICES AND TRAINEES. (FEB 1988) 6. FAR 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS. (FEB 1988) 7. FAR 52.222-11 SUBCONTRACTS (LABOR STANDARDS). (FEB 1988) 8. FAR 52.222-12 CONTRACT TERMINATION--DEBARMENT. (FEB 1988) 9. FAR 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS. (FEB 1988) 10. FAR 52.222-14 DISPUTES CONCERNING LABOR STANDARDS. (FEB 1988) 11. FAR 52.222-15 CERTIFICATION OF ELIGIBILITY. (FEB 1988)


General Services Administration 2 Public Buildings Service Southeast Sunbelt Region Section 00900 Labor-IBR Real Estate Design and Construction

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CHAPTER 1 – TERMS OF THE SOLICITATION, OFFER AND AWARD · “Agency Protest Official for GSA”...

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