SOLICITATION, OFFER, 1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES AND AWARD SEALED BID (IFB) NEGOTIATED (RFP) (Construction, Alteration, or Repair) GS-07-P-17-HT-C-0010 6/23/2017 1 103 IMPORTANT - The "offer" section on the reverse must be fully completed by offeror. 4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER EQ7PMD-17-0038 7. ISSUED BY CODE 7PQD 8. ADDRESS OFFER TO ACQUISITION MANAGEMENT DIVISION 7PQD ACQUISITION ENERGY & ACQUISITION SUPPORT ACQUISITION MANAGEMENT DIVISION BRANCH ACQUISITION ENERGY & ACQUISITION SUPPORT 819 TAYLOR ST RM 12B01 BRANCH FORT WORTH, TX 76102 819 TAYLOR ST RM 12B01 FORT WORTH, TX 76102
9. FOR INFORMATION a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS) CALL: Shawna Villarreal (817) 850-5541 SOLICITATION NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder". 10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) SOW dated 6/21/2017
11. The contractor shall begin performance within 10 calendar days and complete it within45 calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? 12b. CALENDAR DAYS (If "YES", indicate within how many calendar days after award in Item 12b.) YES NO 10 13. ADDITIONAL SOLICITATION REQUIREMENTS: a. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 2:00 PM (CST) (hour) local time 7/25/2017 (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due. b. An offer guarantee is, is not required. c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference. d. Offers providing less than 120 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
STANDARD FORM 1442 (REV. 8/2014) Prescribed by GSA - FAR (48 CFR) 53.236-1(d) OFFER (Must be fully completed by offeror) 14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
CODE FACILITY CODE 17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) AMENDMENT NUMBER
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government) 21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO (4 copies unless otherwise specified) 7 10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( ) 26. ADMINISTERED BY 7PQD 27. PAYMENT WILL BE MADE BY ACQUISITION MANAGEMENT DIVISION PBS PAYMENTS BRANCH ACQUISITION ENERGY & ACQUISITION SUPPORT BRANCH P.O. BOX 17181 819 TAYLOR ST RM 12B01 FORT WORTH, TX 76102-0181 FORT WORTH, TX 76102
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE 28. NEGOTIATED AGREEMENT (Contractor is required to sign this document 29. AWARD (Contractor is not required to sign this document.) Your offer on this and return 1 copies to issuing office.) Contractor agrees to furnish solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) and deliver all items or perform all work requirements identified on this form and this contract award. No further contractual document is necessary. any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract. 30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN 31a. NAME OF CONTRACTING OFFICER (Type or print) (Type or print) Shawna Villarreal 30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE
BY STANDARD FORM 1442 (REV. 8/2014) BACK PAGE OF 3 103
UNIT ITEM NO., FORM OR QUAN- UNIT DESCRIPTION OF ARTICLES OR SERVICES OF AMOUNT STOCK NUMBER TITY PRICE ISSUE
0001 Muskogee Courthouse - 1 UN ______Replacement of 188 Ton Magnetic Bearing Frictionless Centrifugal Chiller The contractor shall provide all materials, supplies, labor, equipment and supervision, necessary to complete the removal of one (1) 175 ton chiller and install one (1) 188 ton nominal capacity two compressor water cooled chiller. Upon completion of the project, the chiller shall be connected to the common building chilled water loop and Building Automation System (BAS). Work is to be performed at the Ed Edmondson U.S. Courthouse in Muskogee, OK. Contractor shall provide payment bond, performance bond and insurance documents within 10 calendar days after contract award. Notice to Proceed will not be issued until all bonding and insurance are accepted. All contract employees working on premises at GSA owned and operated buildings are required to pass a security background check conducted by the Office of Personnel Management (OPM). The
GENERAL SERVICES ADMINISTRATION PAGE OF 4 103
UNIT ITEM NO., FORM OR QUAN- UNIT DESCRIPTION OF ARTICLES OR SERVICES OF AMOUNT STOCK NUMBER TITY PRICE ISSUE
contractor shall provide the Contractor Information Worksheet (CIW) for each employee to GSA Zone B (Regions 4 and 7) Security Office at [email protected] within 10 calendar days after contract award. The employee will receive detailed instructions and access to the online application from [email protected] within a couple of days after they submit the CIW. Final payment will not be authorized until all badges are returned. PoP: 09/15/2017 - 03/30/2018
GENERAL SERVICES ADMINISTRATION Volume 1 - RFP Page 5
GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD
Construction Contract for Chiller Removal & Installation at the Ed Edmondson U.S. Courthouse
The Agreement
Table of Contents
I. Project Information A. Project Summary B. The Contract C. Period of Performance D. Work Conditions/Site Requirements E. Authorized Representative F. Liquidated Damages Rate G. Buy American Exceptions H. Statement of Work, Specifications, Drawings, Exhibits and Other Attachments
II. Prices A. Basis of Pricing B. Contract Price Form
III.Terms and Conditions A. Commencement, Prosecution, and Completion of Work B. Contractor Responsibilities C. Contractor Management and Personnel D. Project Schedule E. Extensions of Time F. Interpretation of Specifications and Drawings G. Submittals H. Substantial Completion and Contract Completion I. Use and Possession Prior to Substantial Completion J. Finality of Contract Modifications K. Liquidated Damages L. Insurance Requirements M. Order of Precedence N. Administrative Matters O. Non-Compliance with Contract Requirements P. Safeguarding Sensitive Data and Information Technology Resources
IV. Contract Clauses A. Clauses Incorporated in Full Text B. Clauses Incorporated by Reference C. Subcontract Requirements
Document: C101-SB / DEC 2016 (The Agreement) Pages 1 of 33 Volume 1 - RFP Page 6
GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD
I. Project Information
I.A. Project Summary The contractor shall provide all materials, supplies, labor, equipment and supervision, necessary to complete the removal of one (1) 175 ton chiller and install one (1) 188 ton nominal capacity two compressor water cooled chiller. Upon completion of the project, the chiller shall be connected to the common building chilled water loop and Building Automation System (BAS). Work is to be performed at the Ed Edmondson U.S. Courthouse in Muskogee, OK.
I.B. The Contract (1) The Contract consists of the SF 1442, the Agreement, the Statement of Work, Specifications, Drawings, Exhibits, Amendments, Modifications, and other Attachments identified herein (collectively, the Contract Documents). The Contract contains the entire agreement of the Parties, and no prior written or oral agreement, express or implied, shall be admissible to contradict or modify any part of the Contract. (2) The Contractor shall provide and pay for all labor, materials, equipment, tools, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution of the work described in and reasonably inferable from the Contract Documents (the Work), whether temporary or permanent. In consideration for, and upon condition of, the Contractor's completion of the Work, GSA shall pay the Contractor the price or prices established in Section II, subject to the terms and conditions set forth in this Contract.
I.C. Period of Performance (1) Commencement. The Contractor shall commence performance of the Work within 10 days after the Contractor receives the Notice to Proceed (NTP). A Limited Notice to Proceed (NTP) will be issued after bonds and insurance are accepted to authorize the contractor to order the equipment upon approved submittals. (2) Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, no later than 35 calendar days from issuance of Notice to Proceed (NTP). (3) Contract Completion. The Contractor shall achieve Contract Completion, as the term is defined in this Agreement, within 10 calendar days of Substantial Completion.
I.D. Work Conditions/Site Requirements Not applicable
I.E. Authorized Representative (1) This Contract is between the United States of America, acting by and through the Administrator of General Services (GSA), and the Contractor (the Parties). References in this Contract to "the Owner" or "the Government" shall be understood to refer to GSA. The following individual is designated as the only authorized GSA representative under this Contract, unless other warranted contracting officers are designated in writing:
Document: C101-SB / DEC 2016 (The Agreement) Pages 2 of 33 Volume 1 - RFP Page 7
GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD
Contracting Officer Name: Shawna Villarreal Address: 819 Taylor St Rm 12B01, Fort Worth, TX 76102 Telephone: 817-850-5541 Email: [email protected] (2) GSAR 552.236-71, Authorities and Limitations, is incorporated by reference in this Contract.
I.F. Liquidated Damages Rate In accordance with the “Liquidated Damages” clause in Section III (Terms and Conditions), liquidated damages shall be calculated at the rate of $158.00 per calendar day.
I.G. Buy American Exceptions For the applicable Buy American clause and any exceptions, see Section IV of this Agreement.
I.H. Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments The following documents are incorporated by reference into this Contract. (1) Statement of Work, Dated 06/21/2017 (2) Exhibit A – DDC Controls Requirements_vers 20170417 (3) Exhibit B – Sequence of Operations (4) Wage Determination OK170061 05/05/2017
II. Prices
II.A. Basis of Pricing (1) Contract Prices. All Contract prices set forth in this Section include all costs necessary to complete the work for which the price is established (e.g., Base Contract, Unit Price, Options) in accordance with the Contract Documents, including, but not limited to, the cost of work performed by subcontractors and consultants, indirect costs, fees, expenses, taxes, and profit. (2) Knowledge of Conditions Affecting Price. FAR 52.236-3, Site Investigations and Conditions Affecting the Work, is incorporated by reference in this Contract. The Contractor shall be presumed to have established all prices with knowledge of general and local conditions that may affect the cost of Contract performance at the site where the Work is to be performed, to the extent that such information is reasonably obtainable. (3) Unit Prices and Allowances. If any portion of the Work is to be performed on a unit price basis, the Unit Price shall include all costs of coordinating and incorporating the unit-priced portion of the Work into the Base Contract Work. The Contractor shall only be obligated to perform unit-priced work to the extent that an Allowance has been established. The Contractor shall be obligated to perform such work in excess of a unit quantity for which an Allowance is established only if directed by the Contracting Officer in writing. The Contractor shall be bound to the unit price or prices set forth herein in all equitable adjustments for changes including unit priced work, and no markups shall be applied to such unit prices.
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GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD (4) Options. If any portion of the Work is to be performed upon the timely exercise of an Option, the Option Price shall include all costs of coordinating and incorporating the Option- priced portion of the Work into the Base Contract Work. An adjustment to the Contract price for such additional work shall be computed solely on the basis of the Option price or prices set forth herein. Unless otherwise specified, all options may be exercised within 90 days of Contract award. (5) Bid Rates. If this Contract includes Bid Rates to be used in determination of equitable adjustments (e.g., overhead, profit, daily rates for time-related costs), such rates shall be deemed to include all costs recoverable as components of an equitable adjustment consistent with the requirements, definitions, and exclusions applicable to equitable adjustments set forth in this Contract, and consistent with the Contractor's cost accounting practices. Unless otherwise specified, the bid rates shall be deemed to include only the Contractor's costs, and not the costs of any subcontractors.
II.B. Contract Price Form Please see SF 1442.
III. Terms and Conditions
III.A. Commencement, Prosecution, and Completion of Work FAR 52.211-10, Commencement, Prosecution, and Completion of Work, is supplemented as follows: The Contractor shall not commence the Work until the Contracting Officer has issued NTP. The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of the Work, as defined in Section III (Terms and Conditions), “Substantial Completion and Contract Completion” clause, within the time specified in Section I (Project Information), “Period of Performance” clause. If the Contract specifies different completion dates for different phases or portions of the Work, the Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of such phases or portions of the Work within the times specified.
III.B. Contractor Responsibilities (1) Unless otherwise expressly stated in the Contract, the Contractor shall be responsible for all means and methods employed in the performance of the Contract. (2) The Contractor shall be responsible for providing professional design services in connection with performance of the Work or portions of the Work only if this responsibility is expressly stated and the Contract Documents provide the performance and design criteria that such services will be required to satisfy. In the performance of such work, the Contractor shall be responsible for retaining licensed design professionals, who shall sign and seal all drawings, calculations, specifications and other submittals that the licensed professional prepares. The Contractor shall be responsible for, and GSA shall be entitled to rely upon, the adequacy and completeness of all professional design services provided under this Contract. (3) The Contractor shall be responsible for coordinating all activities of subcontractors. This responsibility includes coordination of: preparation of shop drawings produced by different subcontractors where their work interfaces or may potentially conflict or interfere and the
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GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD installation of such work; scheduling of work by subcontractors; and use of the Project site for staging and logistics. (4) Where installation of separate Work components as shown in the Contract Documents will result in conflict or interference between such components or with existing conditions, including allowable tolerances, it is the Contractor's responsibility to bring such conflict or interference to the attention of the Contracting Officer and seek direction before fabrication, construction, or installation of any affected work. If the Contractor fabricates, constructs, or installs any work prior to receiving such direction, the Contractor shall be responsible for all cost and time incurred to resolve or mitigate such conflict or interference. (5) Where drawings show work without specific routing, dimensions, locations, or position relative to other work or existing conditions, and such information is not specifically defined by reference to specifications or other information supplied in the Contract Documents, the Contractor is responsible for routing, dimensioning, and locating such work in coordination with other work or existing conditions in a manner consistent with Contract requirements. (6) It is not the Contractor's responsibility to ensure that the Contract Documents comply with applicable laws, statutes, building codes and regulations. If it comes to the attention of the Contractor that any of the Contract Documents do not comply with such requirements, the Contractor shall promptly notify the Contracting Officer in writing. If the Contractor performs any of the Work prior to notifying and receiving direction from the Contracting Officer, the Contractor shall assume full responsibility for correction of such work, and any fees or penalties that may be assessed for non-compliance. (7) The Contractor shall immediately bring to the Contracting Officer's attention any hazardous materials or conditions not disclosed in the Contract Documents discovered by or made known to the Contractor during the performance of the Contract. (8) The Contractor must submit a safety plan before commencing work.
III.C. Contractor Management and Personnel FAR 52.236-6, Superintendence by the Contractor, is supplemented as follows: (1) The Contractor shall employ sufficient management and contract administration resources, including personnel responsible for project management, field superintendence, change order administration, estimating, coordination, inspection, and quality control, to ensure the proper execution and timely completion of the Work. The Contractor shall designate a principal of the firm or other senior management official to provide executive oversight and problem resolution resources to the Project for the life of the Contract. (2) The Contractor shall employ, and require its subcontractors to employ, qualified personnel to perform the Work. The Government reserves the right to exclude, or remove from the site or building, any personnel for reasons of incompetence, carelessness, or insubordination, who violate rules and regulations concerning conduct on federal property, or whose continued employment on the site is otherwise deemed by the Government to be contrary to the public interest. (3) Repeated failure or excessive delay by the Contractor to provide qualified personnel shall be deemed a default for the purposes of the Termination for Default clause.
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GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD III.D. Project Schedule (1) The Contractor shall use a Critical Path Method ("CPM") Project Schedule to plan, coordinate, and perform the Work. The Project Schedule shall be produced using widely used, commercially available computer software that is capable of generating and monitoring a CPM schedule and is compatible with Meridian Proliance.® For example, compatible software includes Microsoft Project,® Primavera SureTrak,® and Primavera Project Planner.® (2) The Project Schedule shall be a rational, reasonable and realistic plan for completing the Work, and conform to requirements specified in this clause and elsewhere in this Contract. (3) The Contractor understands and acknowledges that the preparation and proper management of the Project Schedule is a material component of the Work, and that the Contract price includes all costs of compliance with Project Schedule requirements. (4) The Project Schedule shall depict all activities necessary to complete the Work, including, as applicable, all submittal and submittal review activities, all procurement activities, and all field activities, including mobilization, construction, start-up, testing, balancing, commissioning, and punchlist. Activities shall be sufficiently detailed and limited in duration to enable proper planning and coordination of the Work, effective evaluation of the reasonableness and realism of the Project Schedule, accurate monitoring of progress, and reliable analysis of schedule impacts. (5) Within thirty (30) days of NTP, or such other time as may be specified herein, the Contractor shall submit its Project Schedule to the Contracting Officer, together with a written narrative describing the major work activities, activities on the critical path, and major constraints underlying the sequence and logic of the Project Schedule. The Contractor shall submit the Project Schedule in both electronic and hardcopy print format. (6) The Contractor should anticipate that its initial submittal of the Project Schedule shall be subject to review and revision as contemplated by Paragraph (11) of this clause, and the Contractor shall devote sufficient resources for meetings, revisions, and resubmissions of the Project Schedule to address exceptions taken by the Contracting Officer to the initial submittal. The Contractor understands and acknowledges that the purpose of the initial review and resolution of exceptions is to maximize the usefulness of the Project Schedule for the Parties during Contract performance. (7) Activity durations shall be based upon reasonable and realistic allocation of the resources required to complete each activity, given physical and logistical constraints on the performance of the Work. All logic shall validly reflect physical or logistical constraints on relationships between activities. Except for the first and last activities in the Project Schedule, each activity shall have at least one predecessor and one successor relationship to form a logically connected network plan from NTP to the Contract Completion date. (8) The Project Schedule shall incorporate milestone events specified in the Contract, including, as applicable, NTP, Substantial Completion, and milestones related to specified work phases and site restrictions. The Project Schedule shall also include Contractor-defined milestones to identify target dates for critical events, based upon the Contractor's chosen sequence of work. (9) Unless a shorter period for updates is specified elsewhere, the Contractor shall update the Project Schedule monthly to reflect its actual progress in completing the Work, and submit the
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GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD updated Project Schedule to the Contracting Officer within five (5) working days of the end of each month or other specified period. (10) If the Contractor revises the Project Schedule after initial submission, the Contractor shall provide in writing to the Contracting Officer a narrative describing the substance of the revision, the rationale for the revision, and the impact of the revision on the projected Substantial Completion date and the available float for all activities. The Contractor shall only revise prospective activities, durations and logic, but addition of detail to prospective activities shall not be deemed a revision if the overall duration of the detailed activity does not change. (11) If at any time the Contracting Officer finds that the Project Schedule does not comply with any Contract requirement, the Contractor shall, upon written notice of exceptions taken by the Contracting Officer, revise the Project Schedule, adjust activity progress, or provide sufficient information demonstrating compliance. Regardless of whether the Contracting Officer takes any such exception, the Contractor shall not be relieved of its responsibility for the rationality, reasonableness or realism of the Project Schedule, or its responsibility to achieve Substantial Completion within the time specified by this Contract. (12) If the Contractor fails to sufficiently address the Contracting Officer's exceptions to the Project Schedule within thirty (30) calendar days of written notice of same, the Contracting Officer may withhold retainage until the Project is Substantially Complete or until such time as the Contractor has complied with Project Schedule requirements. (13) The Contracting Officer shall be entitled, but not required, to rely upon the Project Schedule to evaluate the Contractor's progress, evaluate entitlement to extensions of time and determine the criticality or float of any activities described in such Project Schedule.
III.E. Extensions of Time FAR 52.211-13, Time Extensions, is supplemented as follows: (1) If the Contractor requests an extension of the time for Substantial Completion, the Contractor shall base its request on analysis of time impact using the Project Schedule as its baseline, and shall propose as a new Substantial Completion date to account for the impact. The Contractor shall submit a written request to the Contracting Officer setting forth facts and analysis in sufficient detail to enable the Contracting Officer to evaluate the Contractor's entitlement to an extension of time. (2) The Contractor shall only be entitled to an extension of time to the extent that (a) Substantial Completion of the Work is delayed by causes for which the Contractor is not responsible under this Contract, and (b) the actual or projected Substantial Completion date is later than the date required by this Contract for Substantial Completion. (3) The Contractor shall not be entitled to an extension of time if the Contractor has not updated the Project Schedule in accordance with this Contract. (4) The Government shall not be liable for any costs to mitigate time impacts incurred by the Contractor that occur less than 30 calendar days after the date the Contractor submits a request for extension of time in compliance with this clause.
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GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD III.F. Interpretation of Specifications and Drawings FAR 52.236-21, Specifications and Drawings for Construction, and GSAR 552.236-77, Specifications and Drawings, are supplemented as follows: (1) Different requirements within the Contract Documents shall be deemed inconsistent only if compliance with both cannot be achieved. (2) Unless otherwise noted, the drawings shall be interpreted to provide for a complete construction, assembly, or installation of the Work, without regard to the detail with which material components are shown in the drawings.
III.G. Submittals FAR 52.236-21, Specifications and Drawings for Construction, GSAR 552.236-78, Shop Drawings, Coordination Drawings, and Schedules, and GSAR 552.236-79, Samples are supplemented as follows: (1) The Contractor shall prepare and submit to the Contracting Officer shop drawings, samples, calculations, product information, mockups, and other submittals (collectively, "submittals") demonstrating compliance with Contract requirements for all Work components as specified elsewhere in this Contract. If particular submittal requirements are not specified for a component of the Work, the Contractor shall prepare submittals for such Work as directed by the Contracting Officer. (2) The Contractor shall not proceed with work or procure products or materials described or shown in submittals until the Contracting Officer has indicated approval of the submittal. Any work or activity undertaken prior to approval shall be at the Contractor’s risk; should the Contracting Officer subsequently determine that the work or activity does not comply with the Contract, the Contractor shall be responsible for all cost and time required to comply with the Contracting Officer's determination. The Contracting Officer shall have the right to order the Contractor to cease execution of work for which submittals have not been approved. The Government shall not be liable for any cost or delay incurred by the Contractor attributable to the proper exercise of this right. (3) The Contractor shall be entitled to receive notice of action on submittals within a reasonable time, given the volume or complexity of the submittals and the criticality of the affected activities to Substantial Completion as may be indicated in the Project Schedule. The Contractor shall not be entitled to receive notice of action on submittals containing variations from Contract requirements in less than twenty (20) working days.
III.H. Substantial Completion and Contract Completion FAR 52.211-10, Commencement, Prosecution, and Completion of Work, FAR 52.211-12, Liquidated Damages (Construction), and GSAR 552.246-72, Final Inspection and Tests, are supplemented as follows: (1) For the purposes of FAR 52.211-10, Commencement, Prosecution and Completion of Work, and FAR 52.211-12, Liquidated Damages (Construction), the Work shall be deemed complete when it is “Substantially Complete.” The Work shall be deemed "Substantially Complete" if and only if the Contractor has completed the Work and related Contract obligations in accordance with the Contract Documents, such that the Government may enjoy the intended access, occupancy, possession, and use of the entire Work without impairment due to incomplete or
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GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD deficient work, and without interference from the Contractor's completion of remaining work or correction of deficiencies in completed work. In no event shall the Work be deemed Substantially Complete if all fire and life safety systems are not tested and accepted by the Authority Having Jurisdiction, where such acceptance is required under the Contract. (2) With reasonable advance notice, the Contractor shall submit to the Contracting Officer a written proposal recommending a Substantial Completion date (Notice of Substantial Completion). The Contracting Officer shall conduct inspections and make a determination of Substantial Completion within a reasonable time. If the Contracting Officer takes exception to the Notice of Substantial Completion, the Contractor shall be entitled to a written notice of conditions precluding determination of Substantial Completion. (3) The Contractor shall only be entitled to an extension of time to address such conditions if, and to the extent that, the Contracting Officer provides notice of such conditions more than thirty (30) calendar days after receipt of the Notice of Substantial Completion. (4) Substantial Completion shall be established by the Contracting Officer's issuance of a written determination specifying the date upon which the Work is Substantially Complete. (5) The Contract is complete (Contract Completion) if and only if the Contractor has completed all Work and related Contract obligations, corrected all deficiencies and all punch list items, and complied with all conditions for final payment. (6) Unless otherwise specifically noted, or otherwise clear from context, all references in this Contract to "acceptance" shall refer to issuance of a written determination of Substantial Completion. (7) The Contractor shall not be entitled to final payment or release of any retainage held by the Government until after Contract Completion. If the Contractor does not achieve Contract Completion within the time required by this Contract, the Government shall be entitled, after providing notice to the Contractor, to complete any work remaining unfinished. The Contractor shall be liable to the Government for all costs incurred by the Government to complete such work.
III.I. Use and Possession Prior to Substantial Completion FAR 52.236-11, Use and Possession Prior to Completion, is supplemented as follows: Exercise by the Government of the right conferred by FAR 52.236-11 shall not relieve the Contractor of responsibility for completing any unfinished components of the Work.
III.J. Finality of Contract Modifications As set forth elsewhere in this Contract, the Contractor is entitled to additional consideration under certain conditions, including the issuance of change orders. It is the Contractor's duty to include in proposals for equitable adjustment or other consideration all compensation to which it may be entitled, including cost and time. Unless otherwise explicitly stated in a modification to the Contract providing such consideration, adjustments to the Contract price or time agreed upon therein shall be deemed to provide all compensation to which the Contractor is entitled, and shall constitute final settlement of the Contractor's entitlement to compensation on account of the change or other condition giving rise to the modification.
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GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD III.K. Liquidated Damages FAR 52.211-12, Liquidated Damages is supplemented as follows: (1) The Contractor acknowledges that time is of the essence for the performance of the Work, and that determining actual damages from delay would be extremely difficult and impractical. If the Contractor fails to achieve Substantial Completion of the Work within the time specified in this Contract, the Contractor shall be liable to the Government for liquidated damages at the rate specified in Section I (Project Information), paragraph entitled, “Liquidated Damages Rate,” for each calendar day following the required completion date that the Work is not Substantially Complete. (2) If the Contract requires different completion dates for different phases or portions of the Work, the Contractor shall be liable for liquidated damages at the specified rate for each calendar day following the required completion date that the phase or portion of Work is not Substantially Complete. If a single rate is specified, the specified rate shall be apportioned between the different phases or portions of the Work. (3) If the Government elects to accept any portion of the Work not specifically designated as a phase or portion of Work with its own required completion date, the liquidated damage rate shall be apportioned between accepted work and uncompleted work, and the Contractor's liability for liquidated damages shall be computed accordingly.
III.L. Insurance Requirements (1) The Contractor shall obtain and maintain for the entire life of the Contract, in addition to any insurance required by law, the following minimum kinds and amounts of insurance required pursuant to FAR clause 52.228-5, Insurance – Work on a Government Installation, and GSAR 552.228-5, Government as Additional Insured. (a) Workers' compensation insurance in the amount required by the jurisdiction in which the Contract is performed. The Contractor shall obtain Employers' liability coverage of at least $2,000,000. If occupational diseases are not covered by workers' compensation insurance, Employers' liability coverage shall include occupational diseases. (b) Broad form comprehensive commercial general liability insurance in the amount of at least $5,000,000 per occurrence. Such insurance shall include, but not be limited to, contractual liability, bodily injury and property damage. (c) Comprehensive automobile liability covering the operation of all automobiles used in connection with performing the Contract in the amount of at least $1,000,000 per person and $2,500,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage. (2) The Contractor shall promptly provide to the Contracting Officer proof that it has obtained insurance required by the Contract in the form of certificates of insurance. The Contractor shall submit to the Contracting Officer all renewal certificates issued during the life of this Contract immediately upon issuance.
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GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD III.M. Order of Precedence Different requirements within this Contract shall be deemed inconsistent only if compliance with both cannot be achieved. In case of inconsistency between Contract Documents, the following order of precedence shall apply: (1) Section IV of the Agreement (2) Sections I, II, and III of the Agreement (3) The Statement of Work (4) The Specifications (5) The Drawings (6) Exhibits and Other Attachments
III.N. Administrative Matters (1) Project Meetings. The Contractor shall attend a preconstruction conference and shall participate in regularly scheduled Project meetings. (2) Schedule of Values. The Contractor shall prepare and submit for approval a detailed cost breakdown of the Contract price, to be referred to as the Schedule of Values, assigning values to each component of the Work. Values must include all direct and indirect costs, although a separate value for bond costs may be established. The Schedule of Values must contain sufficient detail to enable the Contracting Officer to evaluate applications for payment. If this Contract requires that the Project Schedule be cost loaded, the Schedule of Values will be derived from the Project Schedule. (3) Payments. FAR clause 52.232-5, Payments under Fixed-Price Construction Contracts, is supplemented as follows: (a) Before submitting a request for payment, the Contractor shall attend preinvoice payment meetings each month, as scheduled, with the designated Government representative for the purpose of facilitating review and approval of payment requests. Payment meetings may be conducted in person or by telephone. The Contractor shall provide documentation to support the prospective payment request. (b) The Contractor shall submit its invoices to the Contracting Officer. Separate payment requests shall be submitted for progress payments, payments of retainage, and partial or final payments. (c) If the invoice does not meet the requirements of FAR Clause 52.232-27 (a)(2) and the requirements specified in Subparagraphs (3)(a),(d),(e),and(f) of the Administrative Matters clause, the Contracting Officer may return the invoice to the Contractor without payment for correction. If the Contracting Officer disputes the requested payment amount, the Government may pay the portion of the requested payment that is undisputed. (d) Invoices shall be submitted in an original and two (2) copies to the designated billing office specified in this Contract or in individual delivery/work orders. (e) Invoices must include the Account Document Number (ADN) assigned at award. (f) The Contractor shall submit the following information or documentation with each invoice:
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GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD (i) GSA Form 184A and/or 184B - Construction Progress Report (Construction Phases Only) or AIA Form G702, including the updated Schedule of Values upon which the payment request is based; (ii) GSA Form 2419 - Certification of Progress Payments Under Fixed-Price Construction Contract; (iii) The payment terms that apply for the particular services rendered; (iv) Additional documentation: Certified payrolls (g) GSA will not be obligated to issue final payment unless the Contractor has furnished to the Contracting Officer a release of claims against the Government relating to this Contract, and submitted all required product warranties, as-built drawings, operating manuals, and other items as specified in the Contract. The Contractor may reserve from the release specific claims only if such claims are explicitly identified with stated claim amounts. All release forms must bear the original signature of the signer and must be affixed with the Contractor’s corporate seal or the seal of a Notary Public. (4) Prompt Payment. In accordance with FAR clause 52.232-27, the period for payments is as follows: (a) Progress Payments: 14 days (b) Subsequent Subcontractor Payments: 7 days (5) Payment Information. 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. (6) Security Clearances. Contractor shall comply with the following requirements pertaining to security clearances: (a) All personnel performing work under the Contract on the Project site must obtain an Enter on Duty (EOD) determination before they will be granted access to the site. (b) To obtain an EOD determination, Contractor shall submit for all such personnel fingerprints on Form SF87 and a completed Contractor Information Worksheet (CIW). Detailed information is available at http://www.gsa.gov/portal/category/107203 . USAccess Credentialing Centers can be located at http://www.fedidcard.gov/centerlist.aspx . (c) In addition, all such personnel who will be on site 6 months or longer must apply for and receive clearance in accordance with Homeland Security Presidential Directive 12 (HSPD- 12). See Section IV, Contract Clauses, GSAR 552.204-9. (7) Safeguarding and Dissemination of Sensitive But Unclassified (SBU) Building Information. This clause applies to all recipients of SBU building information, including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers and manufacturers. (a) Marking SBU. Contractor-generated documents that contain building information must be reviewed by GSA to identify any SBU content, before the original or any copies are disseminated to any other parties. If SBU content is identified, the Contracting Officer (CO) may direct the contractor, as specified elsewhere in this contract, to imprint or affix SBU document markings to the original documents and all copies, before any dissemination. (b) Authorized recipients. Document: C101-SB / DEC 2016 (The Agreement) Pages 12 of 33 Volume 1 - RFP Page 17
GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD (i) Building information designated SBU must be protected with access strictly controlled and limited to those individuals having a legitimate business need to know such information. Those with a need to know may include Federal, State and local government entities, and nongovernment entities engaged in the conduct of business on behalf of or with GSA. Nongovernment entities may include architects, engineers, consultants, contractors, subcontractors, suppliers, utilities, and others submitting an offer or bid to GSA, or performing work under a GSA contract or subcontract. Recipient contractors must be registered as “active” in the System for Award Management (SAM) database at www.sam.gov and have a legitimate business need to know such information. If a subcontractor is not registered in the SAM and has a need to possess SBU building information, the subcontractor shall provide to the contractor its DUNS number or its tax ID number and a copy of its business license. The contractor shall keep this information related to the subcontractor for the duration of the contract and subcontract. (ii) All GSA personnel and Contractors must be provided SBU building information when needed for the performance of official Federal, State, and local government functions, such as for code compliance reviews and for the issuance of building permits. Public safety entities such as fire and utility departments may require access to SBU building information on a need to know basis. This clause must not prevent or encumber the dissemination of SBU building information to public safety entities. c. Dissemination of SBU building information: (i) By electronic transmission. Electronic transmission of SBU information outside of the GSA network must use session encryption (or alternatively, file encryption). Encryption must be via an approved NIST algorithm with a valid certification, such as Advanced Encryption Standard (AES) or Triple Data Encryption Standard (3DES), in accordance with Federal Information Processing Standards Publication (FIPS PUB) 140-2, Security Requirements for Cryptographic Modules per GSA policy. (ii) By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include, but are not limited to CDs, DVDs, and USB drives. Nonelectronic forms of SBU building information include paper documents, among other formats. 1) By mail. Contractors must utilize only methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt. 2) In person. Contractors must provide SBU building information only to authorized recipients with a need to know such information. Further information on authorized recipients is found in Section 2 of this clause. d. Record keeping. Contractors must maintain a list of all entities to which SBU is disseminated, in accordance with sections 2 and 3 of this clause. This list must include at a minimum: (1) the name of the State, Federal, or local government entity, utility, or firm to which SBU has been disseminated; (2) the name of the individual at the entity or firm who is responsible for protecting the SBU building information, with access strictly controlled and limited to those individuals having a legitimate business need to know such information; (3) contact information for the named individual; and (4) a description of the SBU building information provided. Once “as built” drawings are submitted, the contractor must collect all lists maintained in accordance with this clause, including those maintained by any subcontractors
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GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD and/or suppliers, and submit them to the CO. For Federal buildings, final payment may be withheld until the lists are received. e. Safeguarding SBU documents. SBU building information (both electronic and paper formats) must be protected, with access strictly controlled and limited to those individuals having a legitimate business need to know such information. GSA contractors and subcontractors must not take SBU building information outside of GSA or their own facilities or network, except as necessary for the performance of that contract. Access to the information must be limited to those with a legitimate business need to know. f. Destroying SBU building information. When no longer needed, SBU building information must be destroyed so that marked information is rendered unreadable and incapable of being restored, in accordance with guidelines provided for media sanitization within GSA CIO IT Security 06-32, Media Sanitization Guide and Appendix A of NIST Special Publication 800-88, Guidelines for Media Sanitization. Alternatively, SBU building information may be returned to the CO. g. Notice of disposal. The contractor must notify the CO that all SBU building information has been returned or destroyed by the contractor and its subcontractors or suppliers in accordance with paragraphs 4 and 6 of this clause, with the exception of the contractor's record copy. This notice must be submitted to the CO at the completion of the contract to receive final payment. For leases, this notice must be submitted to the CO at the completion of the lease term. The contractor may return the SBU documents to the CO rather than destroying them. h. Incidents. All improper disclosures of SBU building information must be immediately reported to the CO at
III.O. Non-Compliance with Contract Requirements In the event the Contractor, after receiving written notice from the Contracting Officer of non- compliance with any requirement of this Contract, fails to initiate promptly such action as may be appropriate to comply with the specified requirement within a reasonable period of time, the Contracting Officer shall have the right to order the Contractor to stop any or all work under the Contract until the Contractor has complied or has initiated such action as may be appropriate to comply within a reasonable period of time. The Contractor will not be entitled to any extension of Contract time or payment for any costs incurred as a result of being ordered to stop work for such cause.
III.P. Safeguarding Sensitive Data and Information Technology Resources In accordance with FAR 39.105, this section is included in the contract. This section applies to all users of sensitive data and information technology (IT) resources, including awardees, contractors,
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GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD subcontractors, lessors, suppliers and manufacturers. The following GSA policies must be followed. These policies can be found at http://www.gsa.gov/directives. 1. CIO P 2100.1 GSA Information Technology (IT) Security Policy 2. CIO P 2100.2B GSA Wireless Local Area Network (LAN) Security 3. CIO 2100.3B Mandatory Information Technology (IT) Security Training Requirement for Agency and Contractor Employees with Significant Security Responsibilities 4. CIO 2104.1A GSA Information Technology IT General Rules of Behavior 5. CIO 2105.1 B GSA Section 508: Managing Electronic and Information Technology for Individuals with Disabilities 6. CIO 2106.1 GSA Social Media Policy 7. CIO 2107.1 Implementation of the Online Resource Reservation Software 8. CIO 2160.4 Provisioning of Information Technology (IT) Devices 9. CIO 2162.1 Digital Signatures 10. CIO P 2165.2 GSA Telecommunications Policy 11. CIO P 2180.1 GSA Rules of Behavior for Handling Personally Identifiable Information (Pll) 12. CIO 2182.2 Mandatory Use of Personal Identity Verification (PIV) Credentials 13. CIO P 1878.2A Conducting Privacy Impact Assessments (PIAs) in GSA 14. CIO IL-13-01 Mobile Devices and Applications 15. CIO IL-14-03 Information Technology (IT) Integration Policy 16. HCO 9297.1 GSA Data Release Policy 17. HCO 9297.2B GSA Information Breach Notification Policy 18. ADM P 9732.1 D Suitability and Personnel Security The contractor and subcontractors must insert the substance of this section in all subcontracts.
IV. Contract Clauses
IV.A. Clauses Incorporated In Full Text (1) FAR 52.222-99 Establishing a Minimum Wage for Contractor (JUL 2014) (DEVIATION) This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, Implementation of the President's Executive Order Establishing a Minimum Wage for Contractors, dated June 12, 2014. (a) Each service employee, laborer, or mechanic employed in the United States (the 50 states and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour. (b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor's annual determination of the applicable minimum wage under section
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GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract. (c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment. (d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act). (e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts. (2) FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (JUL 2012) (a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless— (1) The product cannot be acquired— (i) Competitively within a time frame providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following: (i) Spacecraft system and launch support equipment. (ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions. (b) Information about this requirement and these products is available at http://www.biopreferred.gov. (c) In the performance of this contract, the Contractor shall— (1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
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GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD (2) Submit this report no later than— (i) October 31 of each year during contract performance; and (ii) At the end of contract performance.
(3) FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 08) (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. (b) The Contractor, on completion of this Contract, shall— (1) Estimate the percentage of the total recovered material content for EPA- designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and (2) Submit this estimate to the Contracting Officer.
(4) GSAR 552.204-9 Personal Identity Verification Requirements (OCT 2012) (a) The contractor shall comply with GSA personal identity verification requirements, identified at http://www.gsa.gov/hspd12, if contractor employees require access to GSA controlled facilities or information systems to perform contract requirements. (b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have access to a GSA-controlled facility or access to a GSA-controlled information system. (5) GSAR 552.252-6 Authorized Deviations in Clauses (Deviation FAR 52.252-6) (SEP 99) (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.
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GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD (6) Buy American Requirements 52.225-9 -- Buy American–Construction Materials.
As prescribed in 25.1102(a), insert the following clause:
Buy American–Construction Materials (May 2014)
(a) Definitions. As used in this clause--
“Commercially available off-the-shelf (COTS) item”—
(1) Means any item of supply (including construction material) that is—
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
“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
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GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD components does not include any costs associated with the manufacture of the construction material.
“Domestic construction material” means—
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if—
(i) 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; or
(ii) The construction material is a COTS item.
“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 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). 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 information technology that is a commercial item or to the construction materials 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 statute 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 statute to a particular construction material would be impracticable or inconsistent with the public interest; or
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GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD (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 statute.
(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 statute 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
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GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD 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 statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(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 Foreign construction material Domestic construction material
[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)
(7) FAR 52.222-62, Paid Sick Leave under Executive Order 13706
As prescribed at 22.2110, insert the following clause: Paid Sick Leave Under Executive Order 13706 (Jan 2017) (a) Definitions. As used in this clause (in accordance with 29 CFR 13.2)– “Child”, “domestic partner”, and “domestic violence” have the meaning given in 29 CFR 13.2. “Employee”– (1)(i) Means any person engaged in performing work on or in connection with a contract covered by Executive Order (E.O.) 13706, and (A) Whose wages under such contract are governed by the Service Contract Labor Standards statute (41 U.S.C. chapter 67), the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), or the Fair Labor Standards Act (29 U.S.C. chapter 8), (B) Including employees who qualify for an exemption from the Fair Labor Standards Act's minimum wage and overtime provisions,
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GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD (C) Regardless of the contractual relationship alleged to exist between the individual and the employer; and (ii) Includes any person performing work on or in connection with the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. (2)(i) An employee performs “on” a contract if the employee directly performs the specific services called for by the contract; and (ii) An employee performs “in connection with” a contract if the employee’s work activities are necessary to the performance of a contract but are not the specific services called for by the contract. “Individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship” has the meaning given in 29 CFR 13.2. “Multiemployer” plan means a plan to which more than one employer is required to contribute and which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer. “Paid sick leave” means compensated absence from employment that is required by E.O. 13706 and 29 CFR part 13. “Parent”, “sexual assault”, “spouse”, and “stalking” have the meaning given in 29 CFR 13.2. “United States” means the 50 States and the District of Columbia. (b) Executive Order 13706. (1) This contract is subject to E.O. 13706 and the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the E.O. (2) If this contract is not performed wholly within the United States, this clause only applies with respect to that part of the contract that is performed within the United States. (c) Paid sick leave. The Contractor shall– (1) Permit each employee engaged in performing work on or in connection with this contract to earn not less than 1 hour of paid sick leave for every 30 hours worked; (2) Allow accrual and use of paid sick leave as required by E.O. 13706 and 29 CFR part 13; (3) Comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and 13.6, which are incorporated by reference in this contract; (4) Provide paid sick leave to all employees when due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 13.24), rebate, or kickback on any account; (5) Provide pay and benefits for paid sick leave used no later than one pay period following the end of the regular pay period in which the paid sick leave was taken; and (6) Be responsible for the compliance by any subcontractor with the requirements of E.O. 13706, 29 CFR part 13, and this clause. (d) Contractors may fulfill their obligations under E.O. 13706 and 29 CFR part 13 jointly with other contractors through a multiemployer plan, or may fulfill their obligations through an individual fund, plan, or program (see 29 CFR 13.8). (e) Withholding. The Contracting Officer will, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this or any other Federal contract with the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay employees the full amount owed to compensate for any violation of the requirements of E.O. 13706, 29 CFR part 13, or this clause, including– (1) Any pay and/or benefits denied or lost by reason of the violation; (2) Other actual monetary losses sustained as a direct result of the violation; and (3) Liquidated damages. Document: C101-SB / DEC 2016 (The Agreement) Pages 22 of 33 Volume 1 - RFP Page 27
GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD (f) Payment suspension/contract termination/contractor debarment. (1) In the event of a failure to comply with E.O. 13706, 29 CFR part 13, or this clause, the contracting agency may, on its own action or after authorization or by direction of the Department of Labor and written notification to the Contractor take action to cause suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (2) Any failure to comply with the requirements of this clause may be grounds for termination for default or cause. (3) A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 13.52. (g) The paid sick leave required by E.O. 13706, 29 CFR part 13, and this clause is in addition to the Contractor's obligations under the Service Contract Labor Standards statute and Wage Rate Requirements (Construction) statute, and the Contractor may not receive credit toward its prevailing wage or fringe benefit obligations under those Acts for any paid sick leave provided in satisfaction of the requirements of E.O. 13706 and 29 CFR part 13. (h) Nothing in E.O. 13706 or 29 CFR part 13 shall excuse noncompliance with or supersede any applicable Federal or State law, any applicable law or municipal ordinance, or a collective bargaining agreement requiring greater paid sick leave or leave rights than those established under E.O. 13706 and 29 CFR part 13. (i) Recordkeeping (1) The Contractor shall make and maintain, for no less than three (3) years from the completion of the work on the contract, records containing the following information for each employee, which the Contractor shall make available upon request for inspection, copying, and transcription by authorized representatives of the Administrator of the Wage and Hour Division of the Department of Labor: (i) Name, address, and social security number of each employee. (ii) The employee’s occupation(s) or classification(s). (iii) The rate or rates of wages paid (including all pay and benefits provided). (iv) The number of daily and weekly hours worked. (v) Any deductions made. (vi) The total wages paid (including all pay and benefits provided) each pay period. (vii) A copy of notifications to employees of the amount of paid sick leave the employee has accrued, as required under 29 CFR 13.5(a)(2). (viii) A copy of employees’ requests to use paid sick leave, if in writing, or, if not in writing, any other records reflecting such employee requests. (ix) Dates and amounts of paid sick leave taken by employees (unless the Contractor’s paid time off policy satisfies the requirements of E.O. 13706 and 29 CFR part 13 as described in 29 CFR 13.5(f)(5), leave shall be designated in records as paid sick leave pursuant to E.O. 13706). (x) A copy of any written responses to employees’ requests to use paid sick leave, including explanations for any denials of such requests, as required under 29 CFR 13.5(d)(3). (xi) Any records reflecting the certification and documentation the Contractor may require an employee to provide under 29 CFR 13.5(e), including copies of any certification or documentation provided by an employee. (xii) Any other records showing any tracking of or calculations related to an employee's accrual or use of paid sick leave. (xiii) The relevant contract. (xiv) The regular pay and benefits provided to an employee for each use of paid sick leave. (xv) Any financial payment made for unused paid sick leave upon a separation from employment intended, pursuant to 29 CFR 13.5(b)(5), to relieve the Contractor from the obligation to reinstate such paid sick leave as otherwise required by 29 CFR 13.5(b)(4). Document: C101-SB / DEC 2016 (The Agreement) Pages 23 of 33 Volume 1 - RFP Page 28
GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD (2)(i) If the Contractor wishes to distinguish between an employee's covered and noncovered work, the Contractor shall keep records or other proof reflecting such distinctions. Only if the Contractor adequately segregates the employee’s time will time spent on noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. Similarly, only if the Contractor adequately segregates the employee’s time may the Contractor properly refuse an employee’s request to use paid sick leave on the ground that the employee was scheduled to perform noncovered work during the time he or she asked to use paid sick leave. (ii) If the Contractor estimates covered hours worked by an employee who performs work in connection with contracts covered by the E.O. pursuant to 29 CFR 13.5(a)(i) or (iii), the Contractor shall keep records or other proof of the verifiable information on which such estimates are reasonably based. Only if the Contractor relies on an estimate that is reasonable and based on verifiable information will an employee's time spent in connection with noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. If the Contractor estimates the amount of time an employee spends performing in connection with contracts covered by the E.O., the Contractor shall permit the employee to use his or her paid sick leave during any work time for the Contractor. (3) In the event the Contractor is not obligated by the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, or the Fair Labor Standards Act to keep records of an employee’s hours worked, such as because the employee is exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements, and the Contractor chooses to use the assumption permitted by 29 CFR 13.5(a)(1)(iii), the Contractor is excused from the requirement in paragraph (i)(1)(iv) of this clause and 29 CFR 13.25(a)(4) to keep records of the employee’s number of daily and weekly hours worked. (4)(i) Records relating to medical histories or domestic violence, sexual assault, or stalking, created for purposes of E.O. 13706, whether of an employee or an employee’s child, parent, spouse, domestic partner, or other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, shall be maintained as confidential records in separate files/records from the usual personnel files. (ii) If the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA), section 503 of the Rehabilitation Act of 1973, and/or the Americans with Disabilities Act (ADA) apply to records or documents created to comply with the recordkeeping requirements in this contract clause, the records and documents shall also be maintained in compliance with the confidentiality requirements of the GINA, section 503 of the Rehabilitation Act of 1973, and/or ADA as described in 29 CFR 1635.9, 41 CFR 60-741.23(d), and 29 CFR 1630.14(c)(1), respectively. (iii) The Contractor shall not disclose any documentation used to verify the need to use 3 or more consecutive days of paid sick leave for the purposes listed in 29 CFR 13.5(c)(1)(iv) (as described in 29 CFR 13.5(e)(1)(ii)) and shall maintain confidentiality about any domestic abuse, sexual assault, or stalking, unless the employee consents or when disclosure is required by law. (5) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours. (6) Nothing in this contract clause limits or otherwise modifies the Contractor’s recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, the Family and Medical Leave Act, E.O. 13658, their respective implementing regulations, or any other applicable law. (j) Interference/discrimination. (1) The Contractor shall not in any manner interfere with an employee’s accrual or use of paid sick leave as required by E.O. 13706 or 29 CFR part 13. Interference includes, but is not limited to– Document: C101-SB / DEC 2016 (The Agreement) Pages 24 of 33 Volume 1 - RFP Page 29
GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD (i) Miscalculating the amount of paid sick leave an employee has accrued; (ii) Denying or unreasonably delaying a response to a proper request to use paid sick leave; (iii) Discouraging an employee from using paid sick leave; (iv) Reducing an employee’s accrued paid sick leave by more than the amount of such leave used; (v) Transferring an employee to work on contracts not covered by the E.O. to prevent the accrual or use of paid sick leave; (vi) Disclosing confidential information contained in certification or other documentation provided to verify the need to use paid sick leave; or (vii) Making the use of paid sick leave contingent on the employee’s finding a replacement worker or the fulfillment of the Contractor’s operational needs. (2) The Contractor shall not discharge or in any other manner discriminate against any employee for– (i) Using, or attempting to use, paid sick leave as provided for under E.O. 13706 and 29 CFR part 13; (ii) Filing any complaint, initiating any proceeding, or otherwise asserting any right or claim under E.O. 13706 and 29 CFR part 13; (iii) Cooperating in any investigation or testifying in any proceeding under E.O. 13706 and 29 CFR part 13; or (iv) Informing any other person about his or her rights under E.O. 13706 and 29 CFR part 13. (k) Notice. The Contractor shall notify all employees performing work on or in connection with a contract covered by the E.O. of the paid sick leave requirements of E.O. 13706, 29 CFR part 13, and this clause by posting a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by employees. Contractors that customarily post notices to employees electronically may post the notice electronically, provided such electronic posting is displayed prominently on any website that is maintained by the Contractor, whether external or internal, and customarily used for notices to employees about terms and conditions of employment. (l) Disputes concerning labor standards. Disputes related to the application of E.O. 13706 to this contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 13. Disputes within the meaning of this contract clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the employees or their representatives. (m) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (m), in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States. (End of clause)
Document: C101-SB / DEC 2016 (The Agreement) Pages 25 of 33 Volume 1 - RFP Page 30
GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD
IV.B. Clauses Incorporated by Reference The following FAR/GSAR clauses are supplemented in Section III, Terms and Conditions: 52.211-10, 52.211-12, 52.211-13, 52.228-5, 52.232-5, 52.232-27, 52.236-6, 52.236-11, 52.236- 21, 552.228-5, 552.236-77, 552.236-78, 552.236-79 and 552.246-72. (1) 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. The full text of a clause may also be accessed electronically at this address: http://www.acquisition.gov/comp/far/index.html (2) Federal Acquisition Regulation (FAR) Clauses:
NUMBER TITLE DATE 52.202-1 Definitions NOV 13 52.203-3 Gratuities APR 84 52.203-5 Covenant Against Contingent Fees JUN 14 52.203-6 Restrictions on Subcontractor Sales to the Government SEP 06 52.203-7 Anti-Kickback Procedures MAY 14 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper MAY 14 Activity
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 14 52.203-12 Limitation on Payments to Influence Certain Federal Transactions OCT 10 52.203-13 Contractor Code of Business Ethics and Conduct APR 10 52.203-14 Display of Hotline Poster(s) (Applies if Contract is Greater than $5 Million DEC 07 or Performance Period is Greater than 120 Days)
52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform APR 14 Employees of Whistleblower Rights
52.204-2 Security Requirements AUG 96
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 11 52.204-7 System for Award Management JUL 13 52.204-9 Personal Identity Verification of Contractor Personnel JAN 11 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUL 13 52.204-13 System for Award Management Maintenance JUL 13
Document: C101-SB / DEC 2016 (The Agreement) Pages 26 of 33 Volume 1 - RFP Page 31
GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD 52.204-14 Service Contract Reporting Requirements (Applies to contracts estimated JAN 14 total value of $500,000 or greater)
52.204-18 Commercial and Government Entity Code Maintenance NOV 14 52.204-19 Incorporation by Reference of Representations and Certifications DEC 14 52.209-6 Protecting the Government’s Interest When Subcontracting with AUG 13 Contractors Debarred, Suspended, or Proposed for Debarment
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters JUL 13
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations DEC 14 52.211-10 Commencement, Prosecution, and Completion of Work APR 84 52.211-12 Liquidated Damages—Construction (If Applicable) SEP 00 52.211-13 Time Extensions SEP 00 52.211-18 Variation in Estimated Quantity APR 84 52.215-2 Audit and Records-Negotiation OCT10 52.215-10 Price Reduction for Defective Cost or Pricing Data AUG 11 52.215-11 Price Reduction for Defective Cost or Pricing Data—Modifications AUG 11 52.215-12 Subcontractor Cost or Pricing Data OCT 10 52.215-13 Subcontractor Cost or Pricing Data—Modifications OCT 10 52.215-15 Pension Adjustments and Asset Reversions OCT 10 52.215-17 Waiver of Facilities Capital Cost of Money OCT 97 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other JUL 05 Than Pensions
52.219-8 Utilization of Small Business Concerns OCT 14 52.219-14 Limitations on Subcontracting NOV 11 52.219-28 Post-Award Small Business Program Rerepresentation JUL 13 52.222-3 Convict Labor JUN 03 52.222-4 Contract Work Hours and Safety Standards—Overtime Compensation MAY 14
52.222-6 Construction Wage Rate Requirements MAY 14 52.222-7 Withholding of Funds MAY 14 52.222-8 Payrolls and Basic Records MAY 14
Document: C101-SB / DEC 2016 (The Agreement) Pages 27 of 33 Volume 1 - RFP Page 32
GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD 52.222-9 Apprentices and Trainees JUL 05 52.222-10 Compliance with Copeland Act Requirements FEB 88 52.222-11 Subcontracts (Labor Standards) MAY 14 52.222-12 Contract Termination—Debarment MAY 14 52.222-13 Compliance with Construction Wage Rate Requirements and Related MAY 14 Regulations
52.222-14 Disputes Concerning Labor Standards FEB 88 52.222-15 Certification of Eligibility MAY 14 52.222-21 Prohibition of Segregated Facilities APR 15 52.222-26 Equal Opportunity APR 15 52.222-27 Affirmative Action Compliance Requirements for Construction APR 15 52.222-35 Equal Opportunity for Veterans JUL 14
52.222-36 Equal Opportunity for Workers with Disabilities JUL 14 52.222-37 Employment Reports on Veterans JUL 14
52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 10 52.222-50 Combating Trafficking in Persons MAR 15 52.222-54 Employment Eligibility Verification AUG 13 52.222-55 Minimum Wages Under Executive Order 13658 DEC 14 52.223-3 Hazardous Material Identification and Material Safety Data JAN 97
Alternate I JUL 95
52.223-5 Pollution Prevention and Right-to-Know Information MAY 11 52.223-6 Drug-Free Workplace MAY 01 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 07 52.223-17 Affirmative Procurement of EPA-designated Items in Service and MAY 08 Construction Contracts
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving AUG 11
52.224-1 Privacy Act Notification APR 84 52.224-2 Privacy Act APR 84
Document: C101-SB / DEC 2016 (The Agreement) Pages 28 of 33 Volume 1 - RFP Page 33
GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD 52.223-19 Compliance with Environmental Management Systems MAY 11 52.225-13 Restrictions on Certain Foreign Purchases JUN 08 52.227-1 Authorization and Consent DEC 07 52.227-2 Notice and Assistance Regarding Patent and Copyright DEC 07 52.227-4 Patent Indemnity—Construction Contracts DEC 07 52.228-2 Additional Bond Security OCT 97 52.228-5 Insurance—Work on a Government Installation JAN 97 52.228-11 Pledges of Assets JAN 12 52.228-12 Prospective Subcontractor Requests for Bonds MAY 14 52.228-14 Irrevocable Letter of Credit NOV 14 52.228-15 Performance and Payment Bonds—Construction OCT 10 52.229-3 Federal, State, and Local Taxes FEB 13 52.232-5 Payments under Fixed-Price Construction Contracts MAY 14 52.232-17 Interest MAY 14 52.232-23 Assignment of Claims MAY 14 52.232-27 Prompt Payment for Construction Contracts MAY 14 52.232-33 Payment by Electronic Funds Transfer—System for Award Management JUL 13
52.232-39 Unenforceability of Unauthorized Obligations JUN 13 52.232-40 Provide Accelerated Payments to Small Business Subcontractors DEC 13 52.233-1 Disputes MAY 14 Alternate I DEC 91 52.233-3 Protest after Award AUG 96 52.233-4 Applicable Law for Breach of Contract Claim OCT 04 52.236-2 Differing Site Conditions APR 84 52.236-3 Site Investigation and Conditions Affecting the Work APR 84
52.236-5 Material and Workmanship APR 84 52.236-6 Superintendence by the Contractor APR 84 52.236-7 Permits and Responsibilities NOV 91 52.236-8 Other Contracts APR 84
Document: C101-SB / DEC 2016 (The Agreement) Pages 29 of 33 Volume 1 - RFP Page 34
GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and APR 84 Improvements
52.236-10 Operations and Storage Areas APR 84 52.236-11 Use and Possession Prior to Completion APR 84 52.236-12 Cleaning Up APR 84 52.236-13 Accident Prevention Alternate I NOV 91 52.236-14 Availability and Use of Utility Services APR 84 52.236-17 Layout of Work APR 84 52.236-21 Specifications and Drawings for Construction FEB 97 52.242-13 Bankruptcy JUL 95 52.242-14 Suspension of Work APR 84 52.243-4 Changes JUN 07 52.244-6 Subcontracts for Commercial Items APR 15 52.245-1 Government Property Alternate 1 APR 12
52.245-9 Use and Charges APR 12 52.246-12 Inspection of Construction AUG 96 52.246-21 Warranty of Construction MAR 94 52.248-3 Value Engineering—Construction OCT 10 52.249-2 Termination for Convenience of the Government (Fixed-Price) APR 12 Alternate I SEP 96 52.249-10 Default (Fixed-Price Construction) APR 84 52.253-1 Computer Generated Forms JAN 91
(3) GSA Acquisition Regulation (GSAR) Clauses:
NUMBER TITLE DATE
552.203-71 Restriction on Advertising SEP 99 552.211-72 References to Specifications in Drawings FEB 96 552.215-70 Examination of Records by GSA FEB 96 552.227-70 Government Rights (Unlimited) MAY 89
Document: C101-SB / DEC 2016 (The Agreement) Pages 30 of 33 Volume 1 - RFP Page 35
GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD 552.228-5 Government as Additional Insured MAY 09 552.229-70 Federal, State, and Local Taxes APR 84 552.236-70 Definitions APR 84 552.236-71 Authorities and Limitations APR 84 552.236-74 Working Hours APR 84 552.236-75 Use of Premises APR 84 552.236-76 Measurements APR 84 552.236-77 Specifications and Drawings SEP 99 552.236-78 Shop Drawings, Coordination Drawings, and Schedules SEP 99 552.236-79 Samples APR 84 552.236-80 Heat APR 84 552.236-82 Subcontracts APR 84 552.243-71 Equitable Adjustments JAN 09 552.246-72 Final Inspection and Tests SEP 99
(4) Total Small Business Set-Aside This contract is Total Small Business Set-Aside; the following clause is incorporated by reference: 52.219-6 Notice of Total Small Business Set-Aside NOV 11
IV.C. Subcontract Requirements The Contractor is advised that many FAR, GSAR and other Agreement clauses are required to be flowed down to subcontracts. Clauses containing flow down requirements include, but may not be limited to, those listed below. The Contractor is responsible for ensuring that all necessary flow-down clauses are included in all subcontracts. (1) FAR Clauses:
NUMBER TITLE DATE Applicable Buy American Clause (See Buy American Requirements under “Clauses Incorporated in Full Text” in Section IV)
52.203-7 Anti-Kickback Procedures MAY 14 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 14 52.203-12 Limitation on Payments to Influence Certain Federal Transactions OCT 10
Document: C101-SB / DEC 2016 (The Agreement) Pages 31 of 33 Volume 1 - RFP Page 36
GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD 52.203-13 Contractor Code of Business Ethics and Conduct APR 10 52.203-14 Display of Hotline Poster(s) (Applies if Contract is Greater than $5 DEC 07 Million or Performance Period is Greater than 120 Days)
52.204-9 Personal Identity Verification of Contractor Personnel JAN 11
52.204-10 Reporting Executive Compensation and First-Tier Subcontract JUL 13 Awards 52.204-14 Service Contract Reporting Requirements (Applies to contracts JAN 14 estimated total value of $500,000 or greater)
52.215-2 Audit and Records-Negotiation OCT 10 52.215-12 Subcontractor Cost or Pricing Data OCT 10 52.215-13 Subcontractor Cost or Pricing Data—Modifications OCT 10 52.215-15 Pension Adjustments and Asset Reversions OCT 10 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) JUL 05 Other Than Pensions
52.222-4 Contract Work Hours and Safety Standards—Overtime MAY 14 Compensation
52.222-6 Construction Wage Rate Requirements MAY 14 52.222-7 Withholding of Funds MAY 14
52.222-8 Payrolls and Basic Records MAY 14 52.222-9 Apprentices and Trainees JUL 05
52.222-10 Compliance with Copeland Act Requirements FEB 88 52.222-11 Subcontracts (Labor Standards) MAY 14 52.222-12 Contract Termination—Debarment MAY 14 52.222-13 Compliance with Construction Wage Rate Requirements and MAY 14 Related Regulations
52.222-14 Disputes Concerning Labor Standards FEB 88 52.222-15 Certification of Eligibility MAY 14 52.222-21 Prohibition of Segregated Facilities APR 15 52.222-26 Equal Opportunity APR 15 52.222-27 Affirmative Action Compliance Requirements for Construction APR 15
Document: C101-SB / DEC 2016 (The Agreement) Pages 32 of 33 Volume 1 - RFP Page 37
GSA Solicitation No. GS-07-P-17-HT-C-0010 GSA Contract No. TBD 52.222-35 Equal Opportunity for Veterans JUL 14
52.222-36 Equal Opportunity for Workers with Disabilities JUL 14 52.222-37 Employment Reports on Veterans JUL 14
52.222-40 Notification of Employee Rights Under the National Labor Relations DEC 10 Act 52.222-50 Combating Trafficking in Persons FEB 09 52.222-54 Employment Eligibility Verification AUG 13 52.222-55 Minimum Wages Under Executive Order 13658 DEC 14 52.223-6 Drug-Free Workplace MAY 01 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 07 52.223-17 Affirmative Procurement of EPA-designated Items in Service and MAY 08 Construction Contracts
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While AUG 11 Driving
52.223-19 Compliance with Environmental Management Systems MAY 11 52.225-13 Restrictions on Certain Foreign Purchases JUN 08
52.227-1 Authorization and Consent DEC 07 52.228-5 Insurance—Work on a Government Installation JAN 97 52.236-13 Accident Prevention Alternate I NOV 91
(2) GSA Acquisition Regulation (GSAR) Clauses:
NUMBER TITLE DATE 552.215-70 Examination of Records by GSA FEB 96
(3) Agreement Clauses: In Section III of this contract, Sensitive But Unclassified (SBU) Building Information and Safeguarding Sensitive Date and information Technology Resources. (Terms and Conditions)
Document: C101-SB / DEC 2016 (The Agreement) Pages 33 of 33 Volume 1 - RFP Page 38
GSA Solicitation No. GS-07-P-17-HT-C-0010
Construction Contract for Chiller Removal & Installation at the Ed Edmondson U.S. Courthouse
The Solicitation Notice to Offerors of Total Small Business Set-Aside
The General Services Administration (GSA) is setting aside the contract under the following clause found in the Agreement:
52.219-6, Notice of Total Small Business Set Aside
Table of Contents
I. General Information A. The Solicitation and Contract B. List of Solicitation Documents C. Authorized Representatives D. Pre-Proposal Conference E. Estimated Price Range F. FAR 52.228-1 Bid Guarantee G. FAR 52.236-27 Site Visit - Construction H. Receipt of Offers
II. Proposals A. Proposal Contents B. Proposal Format C. Price Proposal D. Technical Proposal E. Other Information to be Submitted with Proposal F. Requirements for Joint Venture Offerors
III. General Provisions A. Availability of Funds B. Requests for Clarification or Interpretation C. Notice to Small Business Firms D. Information Concerning the Disclosure of Solicitation Results E. Affirmative Procurement Program F. Notice Concerning Preparation of Proposals G. Contractor Performance Information H. Safeguarding Documents Designated as Sensitive But Unclassified
Document: C201-SB LPTA / DEC 2016 (The Solicitation) Pages 1 of 27 Volume 1 - RFP Page 39
GSA Solicitation No. GS-07-P-17-HT-C-0010
IV. FAR/GSAR Solicitation Provisions A. FAR 52.215-1 Instructions to Offerors—Competitive Acquisition B. FAR 52.216-1 Type of Contract C. FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction E. FAR 52.233-2 Service of Protest F. Buy American G. Buy American Exceptions H. FAR 52.252-1 Solicitation Provisions Incorporated by Reference I. GSAR 552.102 Incorporating Provisions and Clauses by Reference
V. Additional Solicitation Provisions and Instructions A. FAR 52.222-38 Compliance with Veterans’ Employment Reporting Requirements B. FAR 52.223-21 FOAMS C. FAR 52.222-62 Paid Sick Leave
VI. Method of Award A. Evaluation of Offers – Lowest Price Technically Acceptable B. Lowest Price Technically Acceptable Process C. Determination of Responsibility D. Price Reasonableness E. Unbalanced Prices F. Total Evaluated Price G. Non-Price Factors H. Evaluation of Joint Venture Offerors
Document: C201-SB LPTA / DEC 2016 (The Solicitation) Pages 2 of 27 Volume 1 - RFP Page 40
GSA Solicitation No. GS-07-P-17-HT-C-0010 I. General Information
I.A. The Solicitation and Contract
(1) This Solicitation is set-aside for Small Businesses in accordance with FAR 19. This Solicitation sets forth requirements for proposals for a Contract to construct the Project described in the attached Agreement. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror, subject to the conditions set forth herein. (2) Neither the Solicitation nor any part of an Offeror's proposal shall be part of the Contract except to the extent expressly incorporated therein by the Contracting Officer. (3) The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer. No contract shall be formed unless and until the Contracting Officer has countersigned the SF 1442 submitted by an Offeror, and delivered to the Contractor a copy of the SF 1442 with original signatures together with the Agreement reflecting the Offeror's proposed prices.
I.B. List of Solicitation Documents The Solicitation Documents are comprised of: (1) The Solicitation (2) Offeror Representations and Certifications Form (3) Other Forms Required For Submission with Proposals (4) Standard Form (SF) 1442 – Solicitation Offer and Award (5) The Agreement and Attachments to the Agreement (6) Exhibits
I.C. Authorized Representatives The following individuals are designated as the authorized GSA representatives under this Solicitation: (1) Contracting Officer Name: Shawna Villarreal Address: 819 Taylor Street Rm 12B01, Fort Worth, TX 76102 Telephone: 817-850-5541 Email: [email protected]
I.D. Pre-Proposal Conference
(1) A pre-proposal conference regarding this Solicitation is scheduled as follows:
Date: July 7, 2017 Time: 9:00 AM CDT Location: Ed Edmondson USCH, Room 210 101 N 5th ST Muskogee, OK 74401
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GSA Solicitation No. GS-07-P-17-HT-C-0010 (2) Interested parties must notify the Contracting Officer for further information about attendance and to confirm location, time, and date. Only those parties who have notified the Contracting Officer and provided necessary information in advance of the meeting will be allowed to attend. To request a reasonable accommodation due to a disability, contact the Contracting Officer. I.E. Estimated Price Range The estimated price range for the Project is between $500,000 and $1,000,000.
I.F. FAR 52.228-1 Bid Guarantee (SEP 96)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid. (b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds— (1) To unsuccessful bidders as soon as practicable after the opening of bids; and (2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted. (c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less. (d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default. (e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference. I.G. FAR 52.236-27 Site Visit - Construction (FEB 95) (1) The clauses at FAR 52.236-2, Differing Site Conditions, and FAR 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation and are in the attached Agreement. Accordingly, Offerors are urged and expected to inspect the site where the work will be performed.
(2) A site visit will be held on the following dates and times:
Date: July 7, 2017 Time: 9:00 AM CDT
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GSA Solicitation No. GS-07-P-17-HT-C-0010 (3) Pre-registration is required for all attendees to the pre-proposal Site Visit. The Site Visit shall be limited to not more than three (3) representatives from each Offeror. Offerors shall submit an Attendee Registration Form identifying all attendees from their respective team. Notification of the location of entry, where attendees are required to meet, and all other requirements for the Site Visit will be issued to the Offerors. Submit the Attendee Registration Form to the point of contact listed below by 2:00 PM CDT on July 6, 2017.
For further information about the site visit or access requirements, please contact:
Name: Shawna Villarreal Email: [email protected]
(4) The pre-proposal site visit is not mandatory. Contractors are encouraged to attend the pre- proposal walk-through and to verify all existing conditions at the job site prior to proposing on the project. Failure to do so will not relieve contractor of his/her responsibility to properly estimate the cost of this project. This is the only opportunity contractors will get to visit the site to conduct a walk-through and ask questions. GSA will not have anyone available to accompany contractors or their representatives (sub-contractors) after the scheduled pre-proposal conference and site visit.
I.H. Receipt of Offers (1) In order to be considered for award, offers conforming to the requirements of the Solicitation must be received at the following office no later than 2:00 pm local time on the following date and at the following address:
Date: July 25, 2017 Address: Shawna Villarreal, 7PQD Fritz G. Lanham Federal Building GSA-PBS Acquisition Services 819 Taylor Street 12-B01 Fort Worth, TX 76102
Solicitation GS-07-P-17-HT-C-0010
(2) Offers sent by commercial package delivery and hand delivery shall be deemed received as of the date and time of delivery to the office designated for receipt of offers.
(3) Offers sent by United States Mail shall be deemed timely if delivered to the address of the government installation designated for receipt of offers on or before the date established for receipt of offers.
(4) Offers may also be submitted by email to the following address: [email protected]. Complete offers must be received by the due date and time stated in (1) above. An original copy of the bid bond must be received at the address provided in (1) above no later than COB three days after the proposal due date.
(5) Any portion of a proposal (with the exception of the bid bond) received after the due date and time will be handled in accordance with FAR Provision 52.215-1 Instructions to Offerors— Competitive Acquisition (JAN 04) which can be found in section IV.A. of this document. Document: C201-SB LPTA / DEC 2016 (The Solicitation) Pages 5 of 27 Volume 1 - RFP Page 43
GSA Solicitation No. GS-07-P-17-HT-C-0010
II. Proposals
II.A. Proposal Contents Proposals shall consist of the following documents, completed and executed in accordance with this Solicitation:
(1) Price Proposal (2) Technical Proposal (3) Representations and Certifications (C301) (4) Bid Guarantee, using Standard Form 24 (5) Other Documents as Required
II.B. Proposal Format Offerors are required to submit one (1) original and two (2) copies of their technical proposal. All materials submitted shall be in typeface Times New Roman, 12 point, single spaced on 8- 1/2” X 11” white paper with half inch margins all around, and printed on both sides (exclusive of resumes, certificate copies, etc.). The technical proposal shall not exceed 35 pages (double sided). Offerors are also required to submit a separate pricing proposal – one (1) original and one (1) copy. The Contractor shall provide a base quote (page 3 of the SF1442) with a detailed cost breakout. Cost breakout shall be formatted per the Construction Specification Institute (CSI) divisions of work breakdown. The cost breakout shall sum to the total construction cost of the quote.
Electronic proposals are required to be submitted in two volumes: Technical and Price.
II.C. Price Proposal (1) Contents The Price Proposal shall consist of the SF 1442 and the Agreement, with prices and/or rates indicated for each price element shown on the pricing form included in Section II of the Agreement. Indicate the Base Contract Price, or if no such distinction is made, the Contract Price, in Block 17 of the SF 1442, which must be fully executed by the Offeror. (2) Qualifications, Exclusions and Conditions If the Offeror communicates in its proposal any qualifications, exclusions, or conditions to the proposed prices not provided for in the Contract Documents, the Contracting Officer may reject the proposal and exclude the Offeror from further discussions. (3) Additional Price Proposal Requirements Offerors shall submit proposal with a detailed cost breakdown. Cost Breakdown shall be submitted in CSI Master Format 2010.
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GSA Solicitation No. GS-07-P-17-HT-C-0010
II.D. Technical Proposal The Technical Proposal shall include the information requested below for the non-price factors described in Section VI. (1) Management/Technical Approach and Installation Schedule This factor considers the Offeror’s plan to perform the work as described in the scope of work/specifications. The Offeror shall submit a Management/Technical Approach that demonstrates an understanding of the management/technical skills and equipment required to perform all contract requirements, including quality control, safety, testing, training, and timeliness of installation. The technical approach shall include the offeror’s proposed chiller (equipment) submittal for evaluation. Energy efficiency (IPLV) of proposed equipment shall be equal to or better than energy efficiency identified within the specifications/solicitation or proposal will be deemed unacceptable. Pressure drop on the evaporator and condenser of proposed equipment shall be equal to or less than the pressure drop identified in the specifications/solicitation or proposal will be deemed unacceptable. This factor also considers the contractor’s understanding of the requirements outlined in the RFP by developing and submitting an estimated Installation Schedule, including the critical path required to furnish a satisfactory installation within the performance period stated. Both the Management/Technical Approach and the Installation Schedule will be evaluated as an indicator of the Offeror’s ability to perform the Contract contemplated by this Solicitation. If the Offeror’s proposal does not demonstrate the management/technical skills and understanding of the requirements supporting satisfactory performance, the proposal will be deemed unacceptable.
(2) Experience on Similar Projects This factor considers the extent of the Offeror’s past experience as a firm in providing similar construction services to determine the firm’s experience in completing the project requirements detailed in the specifications.
The Offeror must demonstrate successful experience as a General Construction (GC) Contractor and/or as Plumbing, Heating, and Air Conditioning contractor responsible for the construction of at least three (3) but no more than five (5) “similarly complex” projects substantially completed within the past six (6) years from the date of the issuance of this solicitation. A similarly complex project is defined as a project that is comparable in size, nature, type, and complexity as defined by all of the following characteristics: • The project involved the installation of a comparably sized structure (water cooled chillers and cooling towers); • The project was performed in an occupied and functioning office building; • The project involved all of the following disciplines: HVAC, mechanical, plumbing, electrical, and controls. • The project included requirements for noise control. • The total project construction cost at award of the construction contract(s) was not less than $325,000.00. • Project required close coordination with occupants/owners security regulations. • Project involved night and/or weekend work.
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GSA Solicitation No. GS-07-P-17-HT-C-0010 For each project presented in relation to this factor, the Offeror must provide detailed summaries that clearly demonstrate how the characteristics of the project relate to the characteristics of this proposed project. Attachment A shall be used for each project.
The provided references may be contacted for additional information. Failure of the Offeror to provide accurate contact information for the references given for any of the factors will negate the reference. GSA is not required to search for current/correct contact information including phone numbers or email addresses.
This factor will be evaluated based upon the written response to the RFP by the Offeror and the past experience demonstrated by the presented projects.
(3) Past Performance of Offeror This factor considers the past performance of the Offeror, and will be evaluated as part of the responsibility determination. The Offeror’s past performance record demonstrates satisfactory performance on at least three (3) similar projects substantially completed within the last six (6) years from the issuance of this solicitation. Any proposal which does not demonstrate satisfactory performance on at least three (3) similar projects substantially completed within the last six (6) years from the issuance of this solicitation will not be considered technically acceptable. The Offeror shall provide at least three (3) but no more than five (5) completed past performance questionnaires filled out and signed by references. CPARS may be submitted by the Offeror in lieu of the Past Performance Questionnaires. It is the sole responsibility of the contractor to ensure three completed past performance sheets are received by the proposal due date and time. The name, title, company name, current address, current phone number, and email for each reference must appear on the form. The provided references may be contacted for additional information. Failure of the Offeror to provide accurate contact information for the references given for any of the factors will negate the reference. GSA is not required to search for current/correct contact information including phone numbers or email addresses. Additional references may be contacted. Evaluators may consider performance on contracts which are not submitted by the Offeror if they have knowledge of contracts not listed or if contracts not listed are discovered during interviews. The Government may use data obtained from other sources such as Past Performance Information Retrieval System (PPIRS); Federal Awardee Performance and Integrity Information System (FAPIIS); Contractor Performance Assessment Reporting System (CPARS); and Excluded Parties List system (EPLS) that it considers current, accurate and relevant. The Government reserves the right to use other government data available in its assessment of the offeror. The quality of the reference information supplied will be considered. In accordance with FAR 15.306, the offeror will be given the opportunity to respond to adverse past performance information.
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GSA Solicitation No. GS-07-P-17-HT-C-0010 II.E. Other Information to Submit with Proposal (1) Representations and Certifications Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in the System for Award Management (SAM), accessed via https://www.sam.gov. Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8), using the attached Offeror’s Representations and Certifications (C301). (2) VETS 4212 FAR 22.1302(b) Except for contracts for commercial items or contracts that do not exceed the simplified acquisition threshold, contracting officers must not obligate or expend funds appropriated for the agency for a fiscal year to enter into a contract for the procurement of personal property and nonpersonal services (including construction) with a contractor that has not submitted the required annual VETS-4212, Federal Contractor Veterans' Employment Report (VETS-4212 Report), with respect to the preceding fiscal year if the contractor was subject to the reporting requirements of 38 U.S.C. 4212(d) for that fiscal year. See provision 52.222-38 in Section V.
(3) Proposal shall include make and model of all proposed equipment.
(4) The Contractor shall provide with their proposal the integration technician’s resume and certification documentation. The integration technician performing installation shall be certified on the Niagara AX JACE for both installation and maintenance of the system and shall have a minimum of three (3) years’ experience performing the required tasks.
II.F. Requirements for Joint Venture Offerors (1) All offers submitted by joint ventures must include a copy of an executed joint venture agreement (with original signatures) which fully discloses the legal identity of each member of the joint venture, the relationship between the members, the form of ownership of each member, and any limitations on liability or authority for each member. (2) An authorized representative of each member of the joint venture must sign the SF 1442 accompanying an offer regardless of any agency relationship established between the members. (3) In the case of corporations that are joint venture members, the corporation secretary must certify that the corporation is authorized to participate in the joint venture, either by so certifying in the joint venture agreement, or by submitting a separate certification to the Government. The joint venture must also provide a certificate that identifies a principal representative of the joint venture with full authority to bind the joint venture. (4) Representations and certifications, financial information, and past performance information must be submitted for each member of the joint venture.
III. General Provisions
III.A . Availability of Funds Issuance of this Solicitation does not warrant that funds are presently available for award of a Contract. Award of the contract shall be subject to the availability of appropriated funds, and the Document: C201-SB LPTA / DEC 2016 (The Solicitation) Pages 9 of 27 Volume 1 - RFP Page 47
GSA Solicitation No. GS-07-P-17-HT-C-0010 Government shall incur no obligation under this Solicitation in advance of such time as funds are made available to the Contracting Officer for the purpose of contract award.
III.B. Requests for Clarification or Interpretation The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers, but does not warrant that all such requests will be answered within 5 calendar days. Prospective Offerors should make such requests not less than 10 calendar days prior to the date set for receipt of offers.
III.C. Notice to Small Business Firms A program for the purpose of assisting qualified small business concerns in obtaining certain bid, payment, or performance bonds that are otherwise not obtainable is available through the Small Business Administration (SBA) (www.sba.gov). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.
III.D. Information Concerning the Disclosure of Solicitation Results This acquisition is being conducted under the provisions of FAR Part 15 as a negotiated procurement. In accordance with FAR 3.104 and FAR 15.207, after receipt of proposals, no information regarding the identity of those submitting offers, the number of offers received, or the information contained in such offers will be made available until after award except as provided by FAR 15.503.
III.E. Affirmative Procurement Program GSA has implemented an Affirmative Procurement Program (APP) intended to maximize the use of recovered materials, environmentally preferable, and bio-based products. Offerors should familiarize themselves with the requirements for using and reporting on the use of such materials in performance as set forth in the Agreement. Refer to clauses FAR 52.204-4 requiring double sided printing on recycled paper for all reports and FAR 52.223-10 encouraging vendors to practice waste reduction.
III.F. Notice Concerning Preparation of Proposals Offerors are cautioned to carefully read the entire Solicitation and the Agreement to be included in the Contract contemplated by the Solicitation in order to be fully aware of all requirements and clauses in the contemplated Contract. Verify that all blanks requiring information to be supplied in an Offer have been properly filled out, that all pricing and other numerical data is accurately calculated, and that all copies of the Offer contain the same information.
III.G. Contractor Performance Information (1) Evaluating Contractor Performance: The General Services Administration is using the Contractor Performance Assessment Reporting System (CPARS) module as the secure, confidential, information management tool to facilitate the performance evaluation process. CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is http://www.cpars.gov Completed CPARS evaluations are sent to the Past Performance Information Retrieval System (PPIRS) which may then be used by Federal acquisition community for use in making source
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GSA Solicitation No. GS-07-P-17-HT-C-0010 selection decisions. PPIRS assists acquisition officials by serving as the single source for contractor past performance data. (2) CPARS Registration: Each award requiring an evaluation must be registered in CPARS. The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an e-mail that contains user account information, as well as the applicable contract and order number(s) assigned. Contractors will be granted one user account to access all evaluations. (3) Contractor CPARS Training: Contractors may sign up for CPARS training. A schedule of classes will be posted to the CPARS training site (http://www.cpars.gov/allapps/cpcbtdlf.htm) and updated as needed. (4) Contractor Representative (CR) Role: All evaluations will be sent the Contractor Representative (CR) named on your award. The CR will be able to access CPARS to review and comment on the evaluation. If your CR is not already in the CPARS system, the contracting officer will request the name and email address of the person that will be responsible for the CR role on your award. Once an evaluation is ready to be released the CR will receive an email alerting them the evaluation is ready for their review and comment. The email will indicate the time frame the CR has to respond to the evaluation; however, the CR may return the evaluation earlier than this date. GSA shall provide for review at a level above the contracting officer (i.e., contracting director) to consider any disagreement between GSA and the contractor regarding GSA’s evaluation of the contractor. Based on the review, the individual at a level above the contracting officer will issue the ultimate conclusion on the performance evaluation. Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file.
III.H. Safeguarding Documents Designated as Sensitive But Unclassified Certain information contained in the Solicitation Documents may have been designated as Sensitive but Unclassified (SBU) building information. With respect to such information, Offerors shall agree to the terms for receipt of such information, as set forth in the provision “Administrative Matters” in Section III of the Agreement, as a condition of receipt of such information.
IV. FAR/GSAR Solicitation Provisions IV.A. FAR 52.215-1 Instructions to Offerors—Competitive Acquisition (JAN 04) (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,” “writing,” or “written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.
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GSA Solicitation No. GS-07-P-17-HT-C-0010 “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
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GSA Solicitation No. GS-07-P-17-HT-C-0010 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. (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 Document: C201-SB LPTA / DEC 2016 (The Solicitation) Pages 13 of 27 Volume 1 - RFP Page 51
GSA Solicitation No. GS-07-P-17-HT-C-0010 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. (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. (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. (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.
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GSA Solicitation No. GS-07-P-17-HT-C-0010 (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) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (i) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer. (ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (iv) A summary of the rationale for award. (v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
IV.B. FAR 52.216-1 Type of Contract (APR 84) The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.
IV.C. FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (MAY 14) (a) (1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation. (2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b) (1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer. (2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.
IV.D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999) (Applicable to solicitations resulting in construction contracts in excess of $10,000.) (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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GSA Solicitation No. GS-07-P-17-HT-C-0010 Goals for Minority Participation for Each Trade Goals for Female Participation for Each Trade 10% 6.9%
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: City of Muskogee, County of Muskogee, State of Oklahoma
IV.E. FAR 52.233-2 Service of Protest (SEP 06) (a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer at the address provided in the provision “Receipt of Offers” in Section I (General Information). (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
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GSA Solicitation No. GS-07-P-17-HT-C-0010 IV.F. Buy American FAR 52.225-10 Notice of Buy American Requirement-Construction Materials. As prescribed in 25.1102(b)(1), insert the following provision:
Notice of Buy American Requirement--Construction Materials (May 2014)
(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “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--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 statute 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 statute 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 statute, 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. (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)
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GSA Solicitation No. GS-07-P-17-HT-C-0010 IV.G. Buy American Exceptions For Buy American exceptions, if any, see the applicable Buy American clause in Section IV of the Agreement.
IV.H. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 98) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://www.acquisition.gov/comp/far/index.html
NUMBER TITLE DATE
52.214-34 Submission of Offers in the English Language APR 1991
52.215-16 Facilities Capital Cost of Money JUN 2003
52.236-28 Preparation of Proposals—Construction OCT 1997
IV.J. GSAR Clause 552.102 Incorporating Provisions and Clauses This solicitation incorporates one or more solicitation provisions 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.
NUMBER TITLE DATE 552.236-75 Use of Premises APR 1984
V. Additional Solicitation Provisions and Instructions
V.A. 52.222-38 -- Compliance with Veterans’ Employment Reporting Requirements. As prescribed in 22.1310(c), insert the following provision:
Compliance With Veterans’ Employment Reporting Requirements (Feb 2016)
By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C. 4212(d) (i.e., if it has any contract containing Federal Acquisition Regulation clause 52.222-37, Employment Reports on Veterans), it has filed the most recent VETS-4212 Report required by that clause.
(End of provision)
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GSA Solicitation No. GS-07-P-17-HT-C-0010 V.B. Additional Clauses FAR 52.223-21, FOAMS (Jun 2016) As prescribed in 23.804(a)(4), insert the following clause:
FOAMS (JUN 2016)
(a) Definitions. As used in this clause– “Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0. “High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82 subpart G with supplemental tables of alternatives available at http://www.epa.gov/snap/. “Hydrofluorocarbons” means compounds that contain only hydrogen, fluorine, and carbon. (b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, and emissions of high global warming potential hydrofluorocarbons and refrigerant blends containing hydrofluorocarbons, when feasible, from foam blowing agents, under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as– (1) In-use emission rates, energy efficiency, and safety; (2) Ability to meet performance requirements; and (3) Commercial availability at a reasonable cost. (c) The Contractor shall refer to EPA’s SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82 subpart G with supplemental tables available at http://www.epa.gov/snap/.
(End of clause)
V.C. FAR 52.222-62, Paid Sick Leave under Executive Order 13706 As prescribed at 22.2110, insert the following clause: Paid Sick Leave Under Executive Order 13706 (Jan 2017) (a) Definitions. As used in this clause (in accordance with 29 CFR 13.2)– “Child”, “domestic partner”, and “domestic violence” have the meaning given in 29 CFR 13.2. “Employee”– (1)(i) Means any person engaged in performing work on or in connection with a contract covered by Executive Order (E.O.) 13706, and (A) Whose wages under such contract are governed by the Service Contract Labor Standards statute (41 U.S.C. chapter 67), the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), or the Fair Labor Standards Act (29 U.S.C. chapter 8), (B) Including employees who qualify for an exemption from the Fair Labor Standards Act's minimum wage and overtime provisions,
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GSA Solicitation No. GS-07-P-17-HT-C-0010 (C) Regardless of the contractual relationship alleged to exist between the individual and the employer; and (ii) Includes any person performing work on or in connection with the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. (2)(i) An employee performs “on” a contract if the employee directly performs the specific services called for by the contract; and (ii) An employee performs “in connection with” a contract if the employee’s work activities are necessary to the performance of a contract but are not the specific services called for by the contract. “Individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship” has the meaning given in 29 CFR 13.2. “Multiemployer” plan means a plan to which more than one employer is required to contribute and which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer. “Paid sick leave” means compensated absence from employment that is required by E.O. 13706 and 29 CFR part 13. “Parent”, “sexual assault”, “spouse”, and “stalking” have the meaning given in 29 CFR 13.2. “United States” means the 50 States and the District of Columbia. (b) Executive Order 13706. (1) This contract is subject to E.O. 13706 and the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the E.O. (2) If this contract is not performed wholly within the United States, this clause only applies with respect to that part of the contract that is performed within the United States. (c) Paid sick leave. The Contractor shall– (1) Permit each employee engaged in performing work on or in connection with this contract to earn not less than 1 hour of paid sick leave for every 30 hours worked; (2) Allow accrual and use of paid sick leave as required by E.O. 13706 and 29 CFR part 13; (3) Comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and 13.6, which are incorporated by reference in this contract; (4) Provide paid sick leave to all employees when due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 13.24), rebate, or kickback on any account; (5) Provide pay and benefits for paid sick leave used no later than one pay period following the end of the regular pay period in which the paid sick leave was taken; and (6) Be responsible for the compliance by any subcontractor with the requirements of E.O. 13706, 29 CFR part 13, and this clause. (d) Contractors may fulfill their obligations under E.O. 13706 and 29 CFR part 13 jointly with other contractors through a multiemployer plan, or may fulfill their obligations through an individual fund, plan, or program (see 29 CFR 13.8). (e) Withholding. The Contracting Officer will, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this or any other Federal contract with the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay employees the full amount owed to compensate for any violation of the requirements of E.O. 13706, 29 CFR part 13, or this clause, including– (1) Any pay and/or benefits denied or lost by reason of the violation; (2) Other actual monetary losses sustained as a direct result of the violation; and (3) Liquidated damages.
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GSA Solicitation No. GS-07-P-17-HT-C-0010 (f) Payment suspension/contract termination/contractor debarment. (1) In the event of a failure to comply with E.O. 13706, 29 CFR part 13, or this clause, the contracting agency may, on its own action or after authorization or by direction of the Department of Labor and written notification to the Contractor take action to cause suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (2) Any failure to comply with the requirements of this clause may be grounds for termination for default or cause. (3) A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 13.52. (g) The paid sick leave required by E.O. 13706, 29 CFR part 13, and this clause is in addition to the Contractor's obligations under the Service Contract Labor Standards statute and Wage Rate Requirements (Construction) statute, and the Contractor may not receive credit toward its prevailing wage or fringe benefit obligations under those Acts for any paid sick leave provided in satisfaction of the requirements of E.O. 13706 and 29 CFR part 13. (h) Nothing in E.O. 13706 or 29 CFR part 13 shall excuse noncompliance with or supersede any applicable Federal or State law, any applicable law or municipal ordinance, or a collective bargaining agreement requiring greater paid sick leave or leave rights than those established under E.O. 13706 and 29 CFR part 13. (i) Recordkeeping (1) The Contractor shall make and maintain, for no less than three (3) years from the completion of the work on the contract, records containing the following information for each employee, which the Contractor shall make available upon request for inspection, copying, and transcription by authorized representatives of the Administrator of the Wage and Hour Division of the Department of Labor: (i) Name, address, and social security number of each employee. (ii) The employee’s occupation(s) or classification(s). (iii) The rate or rates of wages paid (including all pay and benefits provided). (iv) The number of daily and weekly hours worked. (v) Any deductions made. (vi) The total wages paid (including all pay and benefits provided) each pay period. (vii) A copy of notifications to employees of the amount of paid sick leave the employee has accrued, as required under 29 CFR 13.5(a)(2). (viii) A copy of employees’ requests to use paid sick leave, if in writing, or, if not in writing, any other records reflecting such employee requests. (ix) Dates and amounts of paid sick leave taken by employees (unless the Contractor’s paid time off policy satisfies the requirements of E.O. 13706 and 29 CFR part 13 as described in 29 CFR 13.5(f)(5), leave shall be designated in records as paid sick leave pursuant to E.O. 13706). (x) A copy of any written responses to employees’ requests to use paid sick leave, including explanations for any denials of such requests, as required under 29 CFR 13.5(d)(3). (xi) Any records reflecting the certification and documentation the Contractor may require an employee to provide under 29 CFR 13.5(e), including copies of any certification or documentation provided by an employee. (xii) Any other records showing any tracking of or calculations related to an employee's accrual or use of paid sick leave. (xiii) The relevant contract. (xiv) The regular pay and benefits provided to an employee for each use of paid sick leave. (xv) Any financial payment made for unused paid sick leave upon a separation from employment intended, pursuant to 29 CFR 13.5(b)(5), to relieve the Contractor from the obligation to reinstate such paid sick leave as otherwise required by 29 CFR 13.5(b)(4).
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GSA Solicitation No. GS-07-P-17-HT-C-0010 (2)(i) If the Contractor wishes to distinguish between an employee's covered and noncovered work, the Contractor shall keep records or other proof reflecting such distinctions. Only if the Contractor adequately segregates the employee’s time will time spent on noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. Similarly, only if the Contractor adequately segregates the employee’s time may the Contractor properly refuse an employee’s request to use paid sick leave on the ground that the employee was scheduled to perform noncovered work during the time he or she asked to use paid sick leave. (ii) If the Contractor estimates covered hours worked by an employee who performs work in connection with contracts covered by the E.O. pursuant to 29 CFR 13.5(a)(i) or (iii), the Contractor shall keep records or other proof of the verifiable information on which such estimates are reasonably based. Only if the Contractor relies on an estimate that is reasonable and based on verifiable information will an employee's time spent in connection with noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. If the Contractor estimates the amount of time an employee spends performing in connection with contracts covered by the E.O., the Contractor shall permit the employee to use his or her paid sick leave during any work time for the Contractor. (3) In the event the Contractor is not obligated by the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, or the Fair Labor Standards Act to keep records of an employee’s hours worked, such as because the employee is exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements, and the Contractor chooses to use the assumption permitted by 29 CFR 13.5(a)(1)(iii), the Contractor is excused from the requirement in paragraph (i)(1)(iv) of this clause and 29 CFR 13.25(a)(4) to keep records of the employee’s number of daily and weekly hours worked. (4)(i) Records relating to medical histories or domestic violence, sexual assault, or stalking, created for purposes of E.O. 13706, whether of an employee or an employee’s child, parent, spouse, domestic partner, or other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, shall be maintained as confidential records in separate files/records from the usual personnel files. (ii) If the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA), section 503 of the Rehabilitation Act of 1973, and/or the Americans with Disabilities Act (ADA) apply to records or documents created to comply with the recordkeeping requirements in this contract clause, the records and documents shall also be maintained in compliance with the confidentiality requirements of the GINA, section 503 of the Rehabilitation Act of 1973, and/or ADA as described in 29 CFR 1635.9, 41 CFR 60-741.23(d), and 29 CFR 1630.14(c)(1), respectively. (iii) The Contractor shall not disclose any documentation used to verify the need to use 3 or more consecutive days of paid sick leave for the purposes listed in 29 CFR 13.5(c)(1)(iv) (as described in 29 CFR 13.5(e)(1)(ii)) and shall maintain confidentiality about any domestic abuse, sexual assault, or stalking, unless the employee consents or when disclosure is required by law. (5) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours. (6) Nothing in this contract clause limits or otherwise modifies the Contractor’s recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, the Family and Medical Leave Act, E.O. 13658, their respective implementing regulations, or any other applicable law. (j) Interference/discrimination. (1) The Contractor shall not in any manner interfere with an employee’s accrual or use of paid sick leave as required by E.O. 13706 or 29 CFR part 13. Interference includes, but is not limited to–
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GSA Solicitation No. GS-07-P-17-HT-C-0010 (i) Miscalculating the amount of paid sick leave an employee has accrued; (ii) Denying or unreasonably delaying a response to a proper request to use paid sick leave; (iii) Discouraging an employee from using paid sick leave; (iv) Reducing an employee’s accrued paid sick leave by more than the amount of such leave used; (v) Transferring an employee to work on contracts not covered by the E.O. to prevent the accrual or use of paid sick leave; (vi) Disclosing confidential information contained in certification or other documentation provided to verify the need to use paid sick leave; or (vii) Making the use of paid sick leave contingent on the employee’s finding a replacement worker or the fulfillment of the Contractor’s operational needs. (2) The Contractor shall not discharge or in any other manner discriminate against any employee for– (i) Using, or attempting to use, paid sick leave as provided for under E.O. 13706 and 29 CFR part 13; (ii) Filing any complaint, initiating any proceeding, or otherwise asserting any right or claim under E.O. 13706 and 29 CFR part 13; (iii) Cooperating in any investigation or testifying in any proceeding under E.O. 13706 and 29 CFR part 13; or (iv) Informing any other person about his or her rights under E.O. 13706 and 29 CFR part 13. (k) Notice. The Contractor shall notify all employees performing work on or in connection with a contract covered by the E.O. of the paid sick leave requirements of E.O. 13706, 29 CFR part 13, and this clause by posting a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by employees. Contractors that customarily post notices to employees electronically may post the notice electronically, provided such electronic posting is displayed prominently on any website that is maintained by the Contractor, whether external or internal, and customarily used for notices to employees about terms and conditions of employment. (l) Disputes concerning labor standards. Disputes related to the application of E.O. 13706 to this contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 13. Disputes within the meaning of this contract clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the employees or their representatives. (m) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (m), in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.
(End of clause)
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GSA Solicitation No. GS-07-P-17-HT-C-0010
VI. Method of Award
VI.A. Evaluation of Offers – Lowest Price Technically Acceptable (1) The Government intends to award a contract resulting from this solicitation to the responsible offeror whose proposal represents the best value from the selection of the technically acceptable proposal with the lowest evaluated price. Award will be made on the basis of the lowest evaluated price of proposals meeting the acceptability standards for non- price factors. Proposals will be evaluated for acceptability but will not be ranked using the non- price factors. (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 on initial proposals. Therefore, the offeror’s initial proposal shall contain the offeror’s best price. If multiple line items are priced, each line item will be evaluated to ensure that balanced pricing exists. If the line items are determined to be unbalanced for the offeror that presents the lowest priced technically acceptable proposal, the Government will allow that offeror the opportunity to balance the line items prior to award. If the offeror cannot, or chooses not to, balance the line items, the Government shall deem the offeror’s proposal as unacceptable. (5) 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. (6) Unsuccessful offerors will be notified in accordance with FAR 15.503.
VI.B. Lowest Price Technically Acceptable Evaluation Process (1) The Government will evaluate technical proposals on an acceptable/unacceptable (pass/fail) basis to determine whether an offer meets the minimum technically acceptable requirements. Failure to meet a requirement may result in an offer being determined technically unacceptable. An unacceptable rating for any one factor makes the entire proposal unacceptable. Any costs incurred by offerors in preparing or submitting offers are the offerors' sole responsibility; the United States will not reimburse any offeror for any proposal preparation costs. (2) Award will be made on the basis of the lowest evaluated price of proposals meeting the acceptability standards for non-price factors. The Government will evaluate the lowest evaluated priced proposal to determine whether it meets the minimum technically acceptable requirements. If the lowest evaluated priced proposal meets the minimum technically acceptable requirements, the Government will not evaluate the remaining technical proposal(s). If the lowest evaluated priced proposal does not meet the minimum technically acceptable requirements, the Government will evaluate the next lowest evaluated priced proposal until a proposal meets the minimum technically acceptable requirements. (3) The following non-price factors will be evaluated for acceptability:
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GSA Solicitation No. GS-07-P-17-HT-C-0010 (a) Factor 1 - Management/Technical Approach and Installation Schedule Evaluation Criteria: This factor evaluates the offeror’s management/technical approach as well as installation schedule to perform the work as described in the scope of work/specifications. Acceptability Standard: The offeror must demonstrate a satisfactory understanding of the management/technical skills, equipment, planning, and execution required to perform all contract requirements, including quality control, safety, testing, training, and timeliness of installation. The offeror’s proposed chiller (equipment) submittal must demonstrate energy efficiency that is equal to or better than the energy efficiency (IPLV) requirements identified within the specifications/solicitation or proposal will be deemed unacceptable. Pressure drop on the evaporator and condenser of proposed equipment in submittal shall be equal to or less than the pressure drop identified in the specifications/solicitation or proposal will be deemed unacceptable. The offeror’s Installation Schedule including the critical path must also demonstrate a satisfactory installation within the contract performance period as well as an understanding of the requirements to complete the project. Both the Management/Technical Approach and the Installation Schedule will be evaluated as an indicator of the offeror’s ability to perform the Contract contemplated by this Solicitation.
(b) Factor 2 - Experience on Similar Projects Evaluation Criteria: This factor evaluates the extent of the offeror’s past experience as a firm in providing similar construction services to determine the firm’s experience in completing the project requirements detailed in the specifications. Acceptability Standard: The offeror must demonstrate successful experience as a General Construction (GC) Contractor and/or as Plumbing, Heating, and Air Conditioning contractor responsible for the construction of at least three (3) but no more than five (5) “similarly complex” projects substantially completed within the past six (6) years from the date of the issuance of this solicitation. A similarly complex project is defined as a project that is comparable in size, nature, type, and complexity as defined by all of the following characteristics: • The project involved the installation of a comparably sized structure (water cooled chillers and cooling towers); • The project was performed in an occupied and functioning office building; • The project involved all of the following disciplines: HVAC, mechanical, plumbing, electrical, and controls; • The project included requirements for noise control; • The total project construction cost at award of the construction contract(s) was not less than $325,000.00; • Project required close coordination with occupants/owners security regulations; • Project involved night and/or weekend work. For each project presented in relation to this factor, the offeror must provide detailed summaries that clearly demonstrate how the characteristics of the project relate to the characteristics of this proposed project. Attachment A shall be used for each project.
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GSA Solicitation No. GS-07-P-17-HT-C-0010 The provided references may be contacted for additional information. Failure of the offeror to provide accurate contact information for the references given for any of the factors will negate the reference. GSA is not required to search for current/correct contact information including phone numbers or email addresses.
(c) Factor 3 - Past Performance of Offeror Evaluation Criteria: This factor evaluates the past performance of the offeror to determine responsibility. Acceptability Standard: The offeror’s past performance record demonstrates satisfactory performance on at least three (3) similar projects substantially completed within the last six (6) years from the issuance of this solicitation. Any proposal which does not demonstrate satisfactory performance on at least three (3) similar projects substantially completed within the last six (6) years from the issuance of this solicitation will not be considered technically acceptable. The offeror shall provide at least three (3) but no more than five (5) completed past performance questionnaires filled out and signed by references. CPARS may be submitted by the offeror in lieu of the Past Performance Questionnaires. It is the sole responsibility of the contractor to ensure three completed past performance sheets are received by the proposal due date and time. The name, title, company name, current address, current phone number, and email for each reference must appear on the form. The provided references may be contacted for additional information. Failure of the offeror to provide accurate contact information for the references given for any of the factors will negate the reference. GSA is not required to search for current/correct contact information including phone numbers or email addresses. Additional references may be contacted. Evaluators may consider performance on contracts which are not submitted by the offeror if they have knowledge of contracts not listed or if contracts not listed are discovered during interviews. The Government may use data obtained from other sources such as Past Performance Information Retrieval System (PPIRS); Federal Awardee Performance and Integrity Information System (FAPIIS); Contractor Performance Assessment Reporting System (CPARS); and Excluded Parties List system (EPLS) that it considers current, accurate and relevant. The Government reserves the right to use other government data available in its assessment of the offeror. The quality of the reference information supplied will be considered. In accordance with FAR 15.306, the offeror will be given the opportunity to respond to adverse past performance information.
VI.C. Determination of Responsibility In order to be considered responsible, an offeror must demonstrate that it meets the requirements of FAR 9.104-1. The Contracting Officer's determination of an offeror's responsibility or non-responsibility may be based upon any information obtained by the Contracting Officer, and is independent of the evaluation of offers set forth herein.
VI.D. Price Reasonableness The proposed prices will be evaluated for reasonableness. Price reasonableness determines whether an offeror’s price is too high. Analysis of price proposals will be performed using one or more of the techniques defined in FAR 15.404 in order to determine price reasonableness. Document: C201-SB LPTA / DEC 2016 (The Solicitation) Pages 26 of 27 Volume 1 - RFP Page 64
GSA Solicitation No. GS-07-P-17-HT-C-0010 Normally, price reasonableness is established through adequate price competition, but may also be determined through price analysis techniques as described in FAR 15.404-1. Notwithstanding anything to the contrary in this solicitation and for the avoidance of doubt, the Government will not perform a price realism analysis of the offeror’s proposal.
VI.E. Unbalanced Prices Offers must include balanced prices. Unbalanced pricing may increase performance risk and could result in payment of unreasonably high prices. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of price analysis techniques. All offers with separately priced line items or subline items shall be analyzed to determine if the prices are unbalanced. If price analysis techniques indicate that an offer is unbalanced, the contracting officer shall: (i) Consider the risks to the Government associated with the unbalanced pricing in determining the competitive range and in making the source selection decision; and (ii) Consider whether award of the contract will result in paying unreasonably high prices for contract performance. An offer may be rejected if the contracting officer determines that the lack of balance poses an unacceptable risk to the Government.
VI.F. Total Evaluated Price The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). Total Evaluated Price shall be calculated using the prices indicated in the Price Proposal, using the following formula: CLIN 0001
VI.G. Non-Price Factors The below listed non-price factors will be evaluated as further described in Section II ‘Technical Proposal’ and in Section VI. (1) Management/Technical Approach and Installation Schedule (acceptable/unacceptable) (2) Experience on Similar Projects (acceptable/unacceptable) (3) Past Performance (Evaluated as part of the offeror’s responsibility determination).
VI.H. Evaluation of Joint Venture Offerors In the evaluation of responsibility and non-price factors, information submitted for a party to the joint venture will only be evaluated to the extent that the terms of the joint venture agreement do not limit such party's performance or financial obligations as a party to the Contract contemplated by this Solicitation.
Document: C201-SB LPTA / DEC 2016 (The Solicitation) Pages 27 of 27 Volume 1 - RFP Page 65
Attachment A ([SHULHQFHRQ6LPLODU3URMHFWV *63+7&1&KLOOHU5HPRYDO ,QVWDOODWLRQ Ed Edmondson U.S. Courthouse, Muskogee, OK U.S. General Services Administration (QHUJ\DQG6XVWDLQDELOLW\%UDQFK 3XEOLF%XLOGLQJV6HUYLFH*UHDWHU6RXWKZHVW5HJLRQ If your company has worked on a minimum of three successful relevant projects (similar in size and scope) in the past five years, please complete this form for each project. Make additional copies as necessary and complete one form for each project (Min. = 3; Max. = 5).
1. COMPANY NAME 2. REFERENCE NO. OF
3. CONTRACT STATUS CURRENT COMPLETED
4. CONTRACT TYPE GOVERNMENT NON-GOVERNMENT
5. TYPE OF CONTRACT (e.g., Firm Fixed Price, Design-Build)
6. COMPANY’S ROLE PRIME CONTRACTOR SUBCONTRACTOR
7. CONTRACT NO. (If Fed. Gov’t. Contract)
8. CUSTOMER (Name of Company or Agency)
9. NAME OF 1st CONTACT PERSON
9A. ROLE IN PROJECT
9B. PHONE NO.
10. NAME OF 2nd CONTACT PERSON
10A. ROLE IN PROJECT
10B. PHONE NO.
11. TYPE OF FACILITY
12. SIZE OF PROJECT (Approx. GSF)
13. VALUE OF THE PROJECT
14. IS THE PROJECT SIMILAR IN SIZE AND SCOPE TO OUR PROJECT?
YES NO (If ’No’, explain in Item 17 below)
15. WAS THE PROJECT COMPLETED IN THE PAST FIVE YEARS?
YES NO (If ’No’, explain in Item 20 below)
15A. START DATE
15B. COMPLETION DATE
15C. NUMBER OF DAYS
16. IF THIS IS A CURRENT PROJECT, IS IT AT LEAST 90% COMPLETE?
YES NO (If ’No’, explain in Item 20 below)
16A. START DATE
16B. ESTIMATED COMPLETION DATE
16C. ESTIMATED PERCENT COMPLETE Volume 1 - RFP Page 66
$WWDFKPHQW$([SHULHQFHRQ6LPLODU3URMHFWV Company Name *63+7&1&KLOOHU5HPRYDO ,QVWDOODWLRQ Ed Edmondson U.S. Courthouse, Muskogee, OK 86*HQHUDO6HUYLFHV$GPLQLVWUDWLRQ Reference No. of (QHUJ\DQG6XVWDLQDELOLW\%UDQFK 3XEOLF%XLOGLQJV6HUYLFH*UHDWHU6RXWKZHVW5HJLRQ
17. DESCRIPTION OF PROJECT AND COMPLEXITY
18. LIST ELEMENTS OF THE PROJECT THAT WERE SUBCONTRACTED
19. LIST PROBLEMS ENCOUNTERED AND DESCRIBE CORRECTIVE ACTIONS TAKEN
20. ADDITIONAL INFORMATION
If more space is needed, attach additional pages. THIS IS THE END OF THE ATTACHMENT
Page 2 of 2 Volume 1 - RFP Page 67
PBS PAST PERFORMANCE QUESTIONNAIRE CONTRACT INFORMATION (Contractor/Offeror to complete Blocks 1-4) 1. CONTRACTOR/OFFEROR INFORMATION Firm Name: Address: Phone Number: DUNs Number: Contact Name Email Address: : Contact Phone Number:
2. GENERAL WORK INFORMATION Work performed as: Prime Contractor Sub Contractor Joint Venture Other (Please explain): Percent (%) of project work performed: If a subcontractor, who was the prime (Name/Phone #):
3. CONTRACT INFORMATION Contract Number: Delivery/Task Order Number (if applicable): Contract Type: Firm Fixed Price Cost Reimbursement Other (Please explain) Contract Title: Contract Location:
Award Date (mm/dd/yy): Contract Completion Date (mm/dd/yy): Actual Completion Date (mm/dd/yy): Explain Differences:
Original Contract Price (Award Amount): Final Contract Price (to include all modifications, if applicable): Explain Differences:
4. PROJECT DESCRIPTION Complexity of Work: High Med Routine How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, etc.)
INSTRUCTIONS FOR CLIENTS COMPLETING THIS QUESTIONNAIRE: PBS requests that the client completes this questionnaire and submits it directly back to the offeror. The offeror will submit the completed questionnaire to PBS with their proposal, and may duplicate this questionnaire for future submission on PBS solicitations. Clients are highly encouraged to submit questionnaires directly to the offeror. However, questionnaires may be submitted directly to PBS. Please contact the offeror for PBS POC information. The government reserves the right to verify any and all information on this form.
PBS Past Performance Questionnaire July 2014 Volume 1 - RFP Page 68
Use the following adjective ratings and definitions in your evaluation of the Contractor’s performance.
RATING DEFINITION NOTE (E) Exceptional Performance meets contractual requirements An Exceptional rating is appropriate when and exceeds many to the Government/Owner’s the Contractor successfully performed benefit. The contractual performance of the multiple significant events that were of element or sub-element being assessed was benefit to the Government/Owner. A accomplished with few minor problems for singular benefit, however, could be of such which corrective actions taken by the magnitude that it alone constitutes an contractor was highly effective. Exceptional rating. Also, there should have been NO significant weaknesses identified. (VG) Very Good Performance meets contractual requirements A Very Good rating is appropriate when the and exceeds some to the Contractor successfully performed a Government’s/Owner’s benefit. The contractual significant event that was a benefit to the performance of the element or sub-element Government/Owner. There should have being assessed was accomplished with some been no significant weaknesses identified. minor problems for which corrective actions taken by the contractor were effective. (S) Satisfactory Performance meets minimum contractual A Satisfactory rating is appropriate when requirements. The contractual performance of there were only minor problems, or major the element or sub-element contains some problems that the contractor recovered from minor problems for which corrective actions without impact to the contract. There should taken by the contractor appear or were have been NO significant weaknesses satisfactory. identified. Per DOD policy, a fundamental principle of assigning ratings is that contractors will not be assessed a rating lower than Satisfactory solely for not performing beyond the requirements of the contract. (M) Marginal Performance does not meet some contractual A Marginal is appropriate when a significant requirements. The contractual performance of event occurred that the contractor had the element or sub-element being assessed trouble overcoming which impacted the reflects a serious problem for which the Government/Owner. contractor has not yet identified corrective actions. The contractor's proposed actions appear only marginally effective or were not fully implemented. (U) Unsatisfactory Performance does not meet most contractual An Unsatisfactory rating is appropriate when requirements and recovery is not likely in a multiple significant events occurred that the timely manner. The contractual performance of contractor had trouble overcoming and the element or sub-element contains serious which impacted the Government/Owner. A problem(s) for which the contractor's corrective singular problem, however, could be of such actions appear or were ineffective. serious magnitude that it alone constitutes an unsatisfactory rating. (N) Not Applicable No information or did not apply to your contract Rating will be neither positive nor negative.
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TO BE COMPLETED BY CLIENT CLIENT INFORMATION Client Point of Contact Information Name: Title: Phone Number: Email Address:
Project Information Contract Type: Contract Title: Contract Location: Describe your role in the project: Date Questionnaire was completed (mm/dd/yy):
Client’s Signature:
Instructions: Please select the adjective rating that best reflects your evaluation of the contractor’s performance.
1. QUALITY: E VG S M U N (a) Quality of technical data/report preparation efforts. (b) Ability to meet quality standards specified for technical performance. (c) Timeliness/effectiveness of contract problem resolution without
extensive customer guidance. (d) Adequacy/effectiveness of quality control program and adherence to contract quality assurance requirements (without adverse effect on performance). 2. SCHEDULE/TIMELINESS OF PERFORMANCE: E VG S M U N (a) Compliance with contract delivery/completion schedules including any significant intermediate milestones. (If liquidated damages were assessed or the schedule was not met, please address below.) (b) Rate the contractor’s use of available resources to accomplish tasks
identified in the contract. 3. CUSTOMER SATISFACTION: E VG S M U N (a) To what extent were the end users satisfied with the project? (b) Contractor was reasonable and cooperative in dealing with your staff (including the ability to successfully resolve disagreements/disputes;
responsiveness to administrative reports, businesslike and communication). (c) To what extent was the contractor cooperative, businesslike, and
concerned with the interests of the customer? (d) Overall customer satisfaction. 4. MANAGEMENT/ PERSONNEL/LABOR E VG S M U N (a) Effectiveness of on-site management, including management of
subcontractors, suppliers, materials, and/or labor force? (b) Ability to hire, apply, and retain a qualified workforce to this effort. PBS Past Performance Questionnaire July 2014 Volume 1 - RFP Page 70
4. MANAGEMENT/ PERSONNEL/LABOR - Continued E VG S M U N (c) Government Property Control. (d) Knowledge/expertise demonstrated by contractor personnel. (e) Utilization of Small Business concerns. (f) Ability to simultaneously manage multiple projects with multiple
disciplines. (g) Ability to assimilate and incorporate changes in requirements and/or priority, including planning, execution and response to Government changes. (h) Effectiveness of overall management (including ability to effectively
lead, manage and control the program). 5. COST/FINANCIAL MANAGEMENT E VG S M U N (a) Ability to meet the terms and conditions within the contractually agreed
price(s)? (b) Contractor proposed innovative alternative methods/processes that reduced cost, improved maintainability or other factors that benefited the client. (c) If this is/was a Government cost type contract, or a CMc/CMc at Risk Contract, please rate the Contractor’s timeliness and accuracy in submitting monthly invoices with appropriate back-up documentation,
monthly status reports/budget variance reports, compliance with established budgets and avoidance of significant and/or unexplained variances (under runs or overruns). (d) Is the Contractor’s accounting system adequate for management and Yes No tracking of costs? (If no, please explain in comment section below.) (e) If this is/was a Government contract, has/was this contract been partially or completely terminated for default or convenience or are there Yes No any pending terminations? (Indicate if show cause or cure notices were issued, or any default action in comment section below.) (f) Have there been any indications that the contractor has had any Yes No financial problems? (If yes, please explain in the comment section below.) 6. SAFETY/SECURITY E VG S M U N (a) To what extent was the contractor able to maintain an environment of safety, adhere to its approved safety plan, and respond to safety issues?
(Includes: following the users rules, regulations, and requirements regarding housekeeping, safety, correction of noted deficiencies, etc.). (b) Contractor complied with all security requirements for the project and
personnel security requirements. 7. GENERAL E VG S M U N (a) Ability to successfully respond to emergency and/or surge situations (including notifying COR, PM or Contracting Officer in a timely manner regarding urgent contractual issues). (b) Compliance with contractual terms/provisions (If there were specific
issues, please explain in the comments sections below (c) In summary, provide an overall rating for the work performed by this
contractor.
PBS Past Performance Questionnaire July 2014 Volume 1 - RFP Page 71
8. SUSTAINABILITY Did this project include sustainable methods, materials, processes or certifications? (See Whole Building Design Guide for acceptable requirements. Link to guide WBDG Green Building Standards and Yes No Certification Systems.) (If yes, please explain in the comments section below.) 9. SUMMARY Would you hire or work with this firm again? (If no, please explain in the Yes No comments section below.)
COMMENTS SECTION Please provide additional information below, and attach additional pages if necessary. Please provide responses to the above questions (if applicable) and/or additional remarks. Also please provide a brief narrative addressing specific strengths, weaknesses, deficiencies, or other comments which may assist our office in evaluating performance risk (please attach additional pages if necessary):
PBS Past Performance Questionnaire July 2014 Volume 2 - Specifications Page 72
Statement of Work
Contract No: TBD
Construction Services for: Chiller Replacement
General Services Administration Ed Edmondson USCH
FY17 Program, Date of Last Revision:
June 21, 2017
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Table of Contents 1 Scope of Work ...... 3 1.1 Demolition ...... 3 1.2 Alterations: Chiller ...... 3 1.2.1 Refrigerant Monitoring System ...... 4 1.2.2 Thermometers/Gauges/Water Blow Down Meter ...... 4 1.2.3 Valves ...... 5 1.2.4 Insulation / Mechanical Identification ...... 5 1.2.5 Electrical ...... 5 1.2.6 Lighting ...... 6 1.2.7 Housekeeping Pad ...... 6 1.2.8 Building Automation System ...... 6 1.3 Equipment Access/Weekend Work ...... 7 1.4 Specifications, Requirements, and Exhibits ...... 7 2 General Construction Requirements ...... 8 3 Material Technical Specifications ...... 8 4 Product Data and Samples ...... 8 5 Period of Performance ...... 9 6 Working Hours ...... 9 7 Project Schedule ...... 9 8 Progress Meetings ...... 9 9 Extension of Time ...... 9 10 Liquidated Damages ...... 10 11 Special Instructions ...... 10 12 Pre-Proposal Conference ...... 10 13 Security Requirements: ...... 11 14 Performance Requirements ...... 11 15 Sustainability Requirements ...... 12 16 Construction Waste Management Plan Specifics (AFTER CONTRACT AWARD) ...... 12 17 Applicable Publications ...... 12 18 Disclosure of Information ...... 13 19 Warranty & Training ...... 13
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GSA Public Buildings Service Greater Southwest Region
SCOPE OF WORK Replacement of One (1) each 175 Ton Chiller OK0041 Ed Edmondson USCH 101 N 5th ST Muskogee, OK 74401-6205
Date: 21 June 2017 Prepared by: Dana Ulanoff/Ben Savage
1 Scope of Work The contractor shall provide all materials, supplies, labor, equipment and supervision, necessary to complete the demolition and replacement of one (1) 175 ton water cooled Trane chiller. Upon completion of the project, this chiller shall be connected to the common building chilled water loop and BAS. New Chiller Requirements: Minimum 188 tons of cooling .5775 KW/Ton @100% Full Load or better IPLV- .3434 or better Evaporator EWT/LWT (F) 54/44 Evaporator GPM- 448.4 Condenser EWT/LWT (F) 85/94.3 Condenser GPM- 566 Evaporator Pressure Drop (Not to exceed) 4.12 psi (2 pass heat exchanger) Condenser Pressure Drop (Not to exceed) 4.50 psi (2 pass heat exchanger Minimum two compressors
Chiller submittals shall be submitted with the proposal.
1.1 Demolition 1) Remove refrigerant from the existing 175 ton water cooled Trane chiller. 2) Disconnect all electrical, controls, piping and associated equipment to chiller. Remove all unused conduit/wiring back to panel boards and provide knock-out plugs at all unused openings. 3) Remove and dispose of properly one Trane 175 ton water cooled chillers located in the chiller mechanical room. 4) Replace refrigerant monitor, sensors, audible alarm and strobes. 5) Remove and dispose of existing mechanical room lighting.
1.2 Alterations: Chiller Provide and install one (1) each 188 ton nominal capacity maglev water cooled chillers with factory supplied evaporator/condenser marine water boxes and insulation option 1.5 inch. Installation shall be/have but not limited to: a. Equal to or better than magnetic bearing Frictionless Centrifugal Chiller b. Oil free, magnetic bearing, magnetic high-speed variable speed centrifugal compressor(s). c. 460 volts, 3 phase d. Compressor suction and discharge isolation valves.
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e. Step-less capacity control using multi-compressors, inlet guide vanes, and internal variable speed drives. f. R134A refrigerant. g. Cleanable flooded evaporator providing low temperature approach and built to ASME standard. h. Water cooled cleanable shell and tube condenser built to ASME standard. i. High resolution electronic expansion valve(s). j. 1.5” minimum closed cell insulation to prevent external condensation. k. Advanced Control System including integrated communication with compressor for precise capacity control and operational safeties. l. 12" color graphical interface with panel mounted touch-screen. m. BACnet MS/TP. n. Single point electrical entry. o. Full refrigerant charge. p. Partial Knock-down kit q. Chilled water: IFM – Thermal Dispersion Switch r. Condenser water: IFM – Thermal Dispersion Switch s. Dual pressure relief valves on evaporator and condenser t. Factory startup by a certified startup agent u. 5-year full chiller parts and labor warranty (including compressors & entire chiller) v. 5-year refrigerant warranty w. Corrosion resistance materials for condenser water boxes and tube sheets x. Marine water box required on the evaporator and condenser. The chillers will operate in a lead/lag configuration. They will alternate weekly on Tuesday at 2 A.M. If the lead chiller fails to start and the chilled water supply temperature rises above 3 degf above chilled water set point, the lag chiller shall start. The lead/lag shall have a manual override on the chiller BAS graphics page. Refer to the sequence of operation exhibit.
1.2.1 Refrigerant Monitoring System Remove and replace the existing refrigerant monitor system with a new monitor system compatible of monitoring refrigerant R134A Must be compliant with ASHRAE 15 2010 mechanical code. System shall be a Sherlock 404 Monitor (or equal) including the following components: Include programming and system testing. 1) 1 ea Horn/strobe 2) 1 ea Bacnet controller with 30 I/O’s mounted 3) 4 ea Solid state refrigerant sensor 4) 4 ea Remote horn/strobe at each door allowing access to the mechanical area 5) Beldon 8770 (or equal) wiring for sensors, BMS, and strobe 6) Installation hardware 7) Integrate the new refrigerant monitoring equipment into the BAS using BACnet communication protocol. Create or modify the Chiller Plant graphics to display the Refrigerant monitor. Create an alarm point within the BAS and link to the remote notification email configuration page. Note: If refrigerant monitor can be programed /modified to monitor refrigerant R134 and be connected to the BAS this would be acceptable instead of replacement.
1.2.2 Thermometers/Gauges/Water Blow Down Meter Provide and install all necessary water Thermowell connections and include new thermometers and liquid filled pressure gauges (4 thermometers/4 liquid filled gauges) with associated hardware to provide shut off and removal during gauge removal. Install water blow down meter and make up water meter for the existing cooling tower and connect to the
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BAS and AMS. Refer to BAS spec for additional details and mapping requirements Install BACnet MS/TP compatible water treatment loop controller Ex: Garratt Callahan Model SS GC Lumitrac System with Advantage Controls Megatron SS Controller (or equal) to replace existing controller to totalize, trend, and log water treatment system conductivity/fill/bleed on the local BAS JACE. The PVC water treatment manifold shall be modified in the proper locations and add one (1) pH Electrode Sensor, one (1) ORP Electrode Sensor, and one (1) Conductivity Electrode Sensor. The contractor shall hot tap one (1) Makeup Conductivity Sensor in the make-up water line. Contractor shall run low voltage sensor wire from the sensor to the water treatment controller. Develop Niagara Graphical representation mirroring that of other GSA JACE sites by reutilizing existing graphic .px file that has been developed of the water treatment system. Set up 14-day FIFO in the JACE history utility and as hyperlinks on the water treatment graphical representation page. Map 15-minute interval of 12 point histories (points listed below) for long term archive to existing Advanced Metering System Enterprise Niagara Web Supervisor Server located on the GSA Framework network: 1) System – pH 2) System – Conductivity 3) System – M. Conductivity 4) System – ORP 5) System – S. Temp 6) System – M. Temp 7) Water Meter - Total Value 8) System – M.Cycles 9) System – Cycles of Concentration 10) Flow Meter – Flow Rate (per MIN) 11) System – Conductivity Setpoint 12) System – Calibration Install gross water meter on facility main feed with the use of a hot tap. Use F-3500 Onicon Electo- magnetic (or equal) water meter and map points to the nearest BACnet MS/TP unitary BAS controller. Map water meter points to the Niagara JACE and develop graphical representation on the meter page and cooling tower graphic page and site metering page. Program 15-minute pulse interval as a 14-Day FIFO history hyperlink on both graphic pages and incorporate into the JACE history utility trend tool. Map 15-minute interval history as a long term history on the Niagara Advanced Metering System Regional Niagara AX Enterprise Web supervisor for long term archive.
1.2.3 Valves Provide and install new manual isolation valves (4 each) and properly sized expansion devices with restraint devices for the new chiller. (4 each) Install condenser water/ chilled water bypass piping with a manually operated butterfly valve on the discharge side of the pumps so that either pump(s) can discharge to either chiller. Prime and paint this new piping to match existing piping scheme. Piping size shall be the same as the existing pipe.
1.2.4 Insulation / Mechanical Identification Provide and install all necessary piping and insulation to match existing profiles. Provide and install all necessary piping hangers and/or support for new piping. Include new valve tags IAW current Valve Tag Schedule in the control room. Paint all piping to match existing color scheme. Paint color selection to be provided by GSA.
1.2.5 Electrical
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Provide and install all necessary and properly sized electrical conduit and electrical wiring for new chiller. Contractor will be responsible to verify existing electrical power and/or circuit breakers will handle new chiller’s electrical voltage and amperage. Provide and install properly sized transformers, electrical panel(s) and circuit breakers for new chiller as needed. Provide new panel schedules reflecting work accomplished. Replace all pendent mounted fluorescent fixtures in the mechanical room with matching LED fixtures.
1.2.6 Lighting Provide and install new L.E.D. light fixtures in the chiller mechanical room on a one for one replacement. The new light fixtures shall match current light output, lighting controls, and emergency battery B/U capabilities.
1.2.7 Housekeeping Pad Contractor will strip/repaint the chiller housekeeping pad with epoxy paint. Approved paint/epoxy submittals are required.
1.2.8 Building Automation System 1) The new chiller’s control system shall communicate with existing building automated system. Contractor shall abide by all requirements as outlined in Exhibit a ver20170417. 2) The new chiller’s control system shall communicate with existing building automated system. Replacement Chillers shall be wired to and communicate by BACnet or directly to the Building’s Niagara JACE Controller. New 700 ton chiller shall be incorporated into the existing BAS sequence of operation and this new chiller sequence shall be the same as the chiller it replaces. Update BAS graphics page to reflect number of compressors. a. The Chillers shall not be linked through a propriety building system controller. Contractor will be responsible to verify the existing BAS platform. Chillers must communicate to the BAS as native BACnet. No “proprietary” gateway (example: TraneTracer) type equipment is to be used. Fully open hardware such as Field Server is acceptable. b. Provide required BACnet cards to integrate to Chiller’s controls to BAS with all necessary wiring and controls. c. Contractor needs to verify that the existing central plant controls operate as expected especially in the cases of “integrating new equipment” and/or “reusing an existing sequence”. i. Any deficiencies are to be reported to GSA for correction immediately upon discovery, before alterations to existing plant are made. ii. Undetected hardware or software defects that prevent correct or complete implementation of this project scope are to be corrected before acceptance. iii. BAS portion of project delivery will not be accepted until error free operation of central plant hardware and software integration can be demonstrated. iv. Riser Diagram shall be MS Visio.: Riser diagram will reflect layout of communication network used by the BAS. v. Any alterations such as adding or removing devices and networks should be reflected in the riser. vi. The BAS Integration Contractor shall include any mapping and linking changes of the new Chiller on the graphics page of the building’s BAS including new piping, chiller layout and cooling tower. vii. Contractor is responsible for licensing fee and drivers to connect/communicate with BACnet to the existing JACE. viii. The Contractor shall program the existing and any new feedback points using BACNET protocol intergraded into the existing BAS. ix. All analog point histories of new Chiller points shall be recorded in 15 minute intervals and stored in the building JACE controller for 14 calendar days. x. All discrete point histories shall be recorded both as 15 minute interval, 14 day FIFO history logs but also as COV histories storing 100 intervals within the JACE.
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xi. All new Chiller point histories shall be exported daily from the JACE to the hosting GSA BAS Server and to the GSA AMS Application for long term archival storage. Chiller points shall be uplinked to the regional Web Supervisor Server/MS SQLback-end for long term archiving. 3) Contractor shall provide within thirty (30) calendar days of Partial Notice to Proceed (PNTP): The Contractor shall be responsible for reviewing existing conditions, verifying all proposed Building Automation System (BAS) integration activities and developing Building Automation System IT / Riser Diagram plan – Network Topology. Contractor shall provide the following items for discussion, review and approval prior to Building Automation Systems. a. Existing Conditions Evaluation Narrative: This narrative shall include but not limited to: i. Evaluation of existing Building Automation System (BAS) platform ii. Evaluation of existing Building Automation System (BAS) Building Points and Naming Standards iii. Evaluation of existing Building Automation System (BAS) Sequence of Operations iv. Provide any existing Building Automation System (BAS) questions and/or concerns with recommendations for resolution. b. Integration Plan Narrative: This narrative shall include but not limited to: i. Proposed Building Automation System (BAS) integration plan. ii. Provide proposed BAS riser diagram to include flow chart of changes and additions to logic with graphics iii. Provide proposed Sequence of Operations iv. Provide Niagara Configuration v. Provide Unitary Controller Configuration vi. Server / AMS Configuration vii. Provide any integration questions and/or concerns with recommendations for resolution viii. Chiller display/ chiller history/trending shall be connected to the BAS for viewing and controlling. ix. Provide the tonnage with the chiller graphic (ex: Acme 700 Ton). x. Include links to the chiller history logs on the central plant page so that access to the trends is easily opened for analysis. 4) Building Automation System / IT Riser Diagram: Update existing Microsoft Visio BAS Communication bus riser diagram with indication of the Ethernet/RS-232/RS- 485 terminations. Contractor to provide unitary or supervisory controllers submittal for review and acceptance prior to purchasing. Notes: Security Requirements: Contractor personnel performing work on the BAS under this contract must possess HSPD-12 Clearance and GAC (Government Access Card) in order to access GSA secured networks and sites. Integration Technician: Integration technician performing installation shall be certified on the Niagara AX JACE for both installation and maintenance of the system and shall have a minimum of 3 years of experience performing the required tasks. The Contractor shall provide with their offer the integration technician’s resume and certification documentation.
1.3 Equipment Access/Weekend Work The delivery and removal of the chiller shall occur on the weekend to reduce impact to the building’s occupants during crane operation. And chilled water/condenser water outage required for this project shall be accomplished after hours or on the weekend. Any cost associated with using the O & M’s staff to support after hour support shall be included to your pricing proposal including water treatment chemicals.
1.4 Specifications, Requirements, and Exhibits
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1) Specifications and Requirements a. Valves connections, accessories and operators i. Provide threaded ends for valves 2.5 inches and smaller ii. Provide flanged or grooved ends for valves 3 inch and larger iii. For butterfly valves (isolation valves) provide lever handle, infinitely adjustable with lock nut and memory stop. Provide hot dipped galvanized extension stems, valve handles and gear actuators outdoors. Provide weatherproof galvanized cast iron gear operators for valves mounted outdoors. b. Automatic isolation valves: i. Type of end fitting: pattern to mate with ANSI 125 flange. ii. Cast iron GG25 with stainless steel stem and ball. iii. Pipe insulation- Match existing size/type/color scheme and labeling. c. Steel pipe and fittings: i. Steel pipe, DN 50 (NPS 2) and smaller: ASTM A 53, type S (seamless) or type F (furnace butt welded), grade B, schedule 40, black steel, plain ends. ii. Steel Pipe, DN 65 through DN 300 (NPS 2-1/2 through NPS 12): ASTM A 53, type E (electric-resistance welded), Grade B, Schedule 40, black steel, plain ends. iii. Steel Pipe Nipples: ASTM A 733, made of ASTM A 53, Schedule 40, black steel; electric- resistance welded for DN 65 (NPS 2-1/2) and larger. iv. Cast-Iron Threaded Fittings: ASME B16.4; Classes 125 and 250. Malleable-Iron Threaded Fittings: ASME B16.3, Classes 150 and 300. 2) Exhibits a. GSA R7 Mechanical Project DDC Controls Requirements_vers 20170417 b. Muskogee SOO (Sequence of Operation)
2 General Construction Requirements 1) Keep work areas clean on a daily basis. 2) Remove debris from site on a daily basis. 3) Protect all existing walls and furniture from damage. 4) Contractor is responsible for all damages to Government property caused by him/her and their subcontractors. 5) Contractor is responsible for all dimensions and quantities. 6) Contractor shall field verify all existing conditions prior to submitting a proposal.
3 Material Technical Specifications Where a particular manufacturer's product is specified, it is not intended to discriminate against other manufacturer's which are equal in quality of material, workmanship, appearance and function to those specified. Rather, it is intended to establish and indicate the desired standard of quality. If any tests are required to determine the equality of any substitutes, such tests shall be made by an independent authority as approved by the government. All expenses related to proposed substitutions shall to be paid by the Contractor. Proposed items are to be submitted with the proposal and shall be a basis for the award of the contract. All materials and equipment shall bear evidence of the Underwriter's Laboratories Inc. Label (UL) or approval of other nationally recognized independent testing organizations adequately equipped and competent to perform such services when these standards are required and such product listing is available.
4 Product Data and Samples 1) Product Data: Contractor shall submit one electronic set of chiller product data including any valves, piping, insulation, BAS hardware, refrigerant monitoring system, catalog sheets, brochures, performance charts or other standard descriptive data provided by any Subcontractor,
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supplier or distributor. Product Data must be certified by the Contractor stating that it was reviewed and approved. Product to be used must be highlighted on the data sheet by the Contractor. Product Data used for construction must bear GSA’s stamp certifying final review and approval. No product shall be used that does not bear such stamp. Submittals shall be identified on a submittal register provided by the Contractor fourteen (14) calendar days after the partial notice to proceed and transmitted using a transmittal letter. 2) Samples: Contractor shall submit physical samples establishing standards by which completed work is judged. Samples shall indicate color range, functional characteristics and shall represent exact material to be used on the project.
5 Period of Performance Partial Notice to Proceed (PNTP): A PNTP will be issued after bonds and insurance are accepted to authorize the contractor to order the equipment upon approved submittals. The contractor shall provide a proof of purchase document to the GSA Project Manager within fourteen (14) calendar days after the acceptance of the Chiller Submittal. Full Notice to Proceed (FNTP): The Full Notice to Proceed will be issued once the chiller has been delivered to the site. The Contractor shall complete all SOW activities within forty-five (45) calendar days after the FNTP is issued. All work shall be completed within 240 calendar days from the Partial Notice to Proceed.
6 Working Hours Work not impacting normal building occupancy shall be performed during normal business hours Monday through Friday 7:00 am to 6:00 pm. Any work affecting normal building occupancy needs to be scheduled after normal business hours/weekends and approved by GSA building manager.
7 Project Schedule Contractor shall submit the project schedule within thirty (30) calendar days after the PNTP is issued. The project schedule shall include a written narrative describing the major work activities, activities critical path and major constraints underlying the sequence and logic, all tasks to be performed under this project, duration of each task and tentative date/s each task will be performed. Project schedule must be approved by the GSA Project Manager prior to performing any work under this project. The project schedule shall incorporate milestone events specifics in the Contract, including but not limited to the FNTP, Substantial Completion, and milestones related to specific work phases and site restrictions. The project schedule shall also include Contractor-defined milestones to identify target dates for critical events, based upon the Contractor’s chosen sequence of work. Microsoft Project or other similar format can be used for this schedule.
8 Progress Meetings The Contractor shall meet with the Government for the purpose of jointly reviewing the actual progress of the project as compared to the as planned progress and to review the planned activities for the upcoming two weeks. The progress meeting will address the status of RFI’s, Changes, and Submittals. The contractor shall prepare and distribute meeting minutes within 3 business days following the meeting. Progress meetings during PNTP shall be held biweekly. Progress meetings during FNTP shall be held weekly.
9 Extension of Time If the Contractor requests an extension of the time for Substantial Completion, the Contractor shall base its request on analysis of time impact using the Project Schedule as its baseline, and shall propose as a
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new Substantial Completion date to account for the impact. The Contractor shall submit a written request to the Contracting Officer setting forth facts and analysis in sufficient detail to enable the Contracting Officer to evaluate the Contractor’s entitlement to an Extension of Time.
10 Liquidated Damages If substantial completion is not achieved by the end of the perforce period, the Contracting Officer may assess liquidated damages at a rate of $158.00 per day.
11 Special Instructions 1) Contractors shall submit a proposal with a detailed cost breakdown. Cost Breakdown shall be submitted in CSI Master Format 2010. Proposal shall include make and model of all proposed equipment. Chiller selection shall include IPLV rating, full load kw/ton and pressure drops within submitted proposal. Chiller selection shall be submitted with the proposal. Chiller selection submitted with the proposal shall not exceed the pressure drop indicated in the SOW and the chiller energy efficiency (IPLV) shall be equal to or better than the chiller specifications in this SOW. 2) Contractor is responsible to comply with the “Buy American Act”. Buy American Act provides domestic construction material be used in performing this contract. 3) Contractor will be responsible to request and furnish all required overhead and/or road blocking permits from the City and or electrical/utility providers when using a crane at this location if the city street requires a blockage when off-loading the chiller.
12 Pre-Proposal Conference Interested parties must notify the Contracting Officer for further information about attendance and to confirm location, time and date. Only those parties who have notified the Contracting Officer and provided necessary information in advance of the meeting will be allowed to attend. Contractors are encouraged to verify all existing conditions at the job site prior to proposing on the project. Failure to do so will not relieve the Contractor of any responsibility to properly estimate the cost of this project. The pre-proposal site visit is not mandatory. Note: The following items will be addressed at the Pre-Proposal Conference and again at a Pre-work Conference: 1) On site storage. 2) Parking. 3) Use of elevators. 4) Access through secured area. 5) Contractor shall coordinate with the GSA mechanical maintenance Contractor, for placing the fire alarm system in test mode prior to performing any work that may result in the activation of an alarm signal from the fire alarm system including but not limited to: connecting devices to fire alarm system, cutting, welding or other work that creates excessive dust. Contractor is responsible for all costs associated with placing the fire alarm system in test mode. 6) A GSA approved welding permit will be required before performing any cutting and welding. Contractor shall submit welding permit to the Project Manager for review and acceptance by the Building Manager at least 72 hours prior to cutting and/or welding activity. 7) Contractor shall be responsible for all quantities, measurements, correct installation of all items and for any damages to the building, items such as parked vehicles and surrounding areas. 8) All materials, equipment and supplies to be incorporated into work under the terms of this contract shall have been “NEW” and “UNUSED” at time of award. 9) Materials of equipment containing asbestos in any form shall not be incorporated into this project.
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10) All material, workmanship and equipment shall be subject to the inspection and approval by the Contracting Officer Representative. All work unsatisfactorily performed shall be promptly corrected and made acceptable for the Government.
13 Security Requirements: All contractor personnel performing work on premises at GSA owned and operated buildings are required to pass a security background check conducted by the Office of Personnel Management (OPM). Each contractor employee shall submit fingerprints and appropriate background investigation documents as instructed within the required timeframe. Detailed instructions and forms will be provided via email after submitting the initial Contractor Information Worksheet (CIW). The partially completed CIW will be furnished by the GSA representative with specific knowledge of the contract (Contracting Officer's Representative, etc.) No contractor employee or subcontractor will be allowed to perform work on the building premises until the individual has been determined to be suitable for working on GSA contracts by OPM, and a suitable enter on duty (EOD) notification is received from GSA. Final payment will not be made until all security badges are returned to the Contracting Officer. After contract award, GSA will submit the Contractor Information Worksheet (CIW) template to the Zonal Help Desk. This information will be utilized by the Zonal Help Desk as a template for the contractor. The Zonal Help Desk will then provide the contractor with a RO Approval List worksheet. The contractor will update this worksheet with all of the contractors expected to work on the GSA contract. The list is submitted by the contractor to the Requesting Official (COR), who then identifies the type of investigation and credential required, and submits with approval to the Zonal Help Desk. The RO Contractor Approval List must contain the name(s) of the applicant proposed for each CIW provided; otherwise, the CIW will not be processed until such time the RO Contractor Approval list is updated. The list is required to be updated each time an individual leaves the contract, or new individuals are added. The list must then be resubmitted from the RO to the Zonal Help Desk prior to any new CIW submissions; otherwise, the CIW will not be processed until such time the RO Contractor Approval list is updated.
14 Performance Requirements 1) The Contractor shall field verify existing conditions prior to any demolition. 2) The Contractor shall be responsible for coordinating all activities of subcontractors. This responsibility includes coordination of; preparation of shop drawings preparation of shop drawings produced by different subcontractors where their work interfaces or may potentially conflict or interfere and the installation of such work; scheduling of work by subcontractors and use of the Project site for staging and logistics. 3) The contractor shall reinstall existing access panels; etc., back to their original location and condition after all work is completed. 4) Safety Plan: Contractor shall submit a site specific plan including hazardous communication plan list of the flow of communication in case of emergency, lock-out / tag-out with narrative that explains lock-out/ tag out procedures, AHA / JHA’s for major activities, crane safety plan (if applicable) for crane erection and use. Include preferred location for crane set up, operator certification credentials, and crane inspection/certification documentation thirty (30) calendar days before the Full Notice to Proceed. 5) Contractor to provide a work plan thirty (30) calendar days before the Full Notice to Proceed (FNTP) identifying equipment access plan, CHWP / CWP piping tie-in and electrical tie-in for review and acceptance prior to installation. 6) Contractor to provide schedule of values thirty (30) calendar days before the Full Notice of Proceed (FNTP). The Contractor shall prepare and submit for approval a detail cost breakdown of the Contract price, to be referred to as the Schedule of Valves, assigning values to each component of the Work. a. Values must include all direct and indirect cost, although a separate value for bond cost may be established.
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b. The Schedule of Valves must contain sufficient detail to enable the Project Manager to evaluate applications for payment. c. Before submitting a request for payment, the Contractor shall schedule a pencil copy review with the Project Manager for review and acceptance. 7) Once the chiller is fully operational the Contractor shall be responsible to provide a report to GSA Project Manager for the following: Re-balance water flow, Manufacturer’s Start-up Check-list and Commissioning
15 Sustainability Requirements 1) Green Purchasing: a. The contractor shall refer to the “Green Procurement Compilation” for all products being installed in federal facilities. The Green Procurement Compilation can be found at https://sftool.gov/greenprocurement. The standards found in this compilation shall guide all product purchasing decisions as they relate to federal facilities. b. The use of the following standards (“Key Sustainable Product” or “KSP” standards) is mandatory for all contracts and task orders. See https://sftool.gov/green- products/1037/key- sustainable-products for more details. i. Nylon Carpet: NSF 140 Gold certification and > 10% post-consumer recovered content. ii. Interior Latex Paint: < 50 grams per liter (g/L) VOCs post tint (i.e. SCAQMD Rule 1113 standard). iii. Gypsum Board: Greenguard Gold Standard or 0 g/L VOCs. iv. Acoustical Ceiling Tiles: Meets California Section 01350 standard for low-VOC materials and total recycled content > 20% and recyclable in a closed loop process and USDA Certified Bio Preferred and Environmental Product Declaration (EPD) available. v. Concrete (ready-mix and site-mix): > 25% fly ash or > 15% ground granulated blast- furnace (GGBF) slag 2) For each KSP listed, the Contractor shall submit proof of compliance to the CO or his designee prior to the installation of the product or material. The CO’s designee shall verify compliance. If the KSP materials listed above are a. not reasonably available within a reasonable period of time b. fail to meet the performance standards set forth in the specification or fail to meet reasonable performance standards of GSA; or c. Are available only at an unreasonable price, only then can the Contractor use other types of products. In these cases the Contractor shall select products and materials, to the extent possible, which are the safest and most environmentally friendly. Exemptions must be submitted in writing and can only be approved by the CO
16 Construction Waste Management Plan Specifics (AFTER CONTRACT AWARD) 1) The Contractor shall submit a draft Waste Management Plan within fourteen (14) calendar days after the PNTP is issued for mixed debris recycling to GSA approval. The plan shall include (but not be limited to) the following: List of the materials to be reused or recycled. 2) The Contractor will record and track the type and quantity, by weight or each material salvaged, reused, recycled or disposed throughout the project. The Contractor shall submit the Construction Management Waste Management Report before the request for Substantial Completion.
17 Applicable Publications 1) Department of Labor: All renovations shall be in accordance with the current design requirements as found in the Federal Construction & Safety Standard, and Third Party approved structure design package. Latest Edition of the following Codes/Regulations
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a. Occupational and Health Standards: (29 CFR part 1926). b. Safety and Health Regulations for Construction: (29CFR part 1518). c. Federal Code: d. Fire Codes: All units shall meet or exceed all required Federal, State and Local Fire Codes. e. Housing & Urban Development (HUD 24 CFR 3280). f. National Electrical Code (NEC). g. International Building Code (IBC). h. International Mechanical Code (IMC). i. International Plumbing Code (IPC). j. American Society of Heating, Refrigeration and Air Conditioning (ASHRA). k. Occupational and Safety Act (OSHA). l. National Fire Protection Association (NFPA). m. U.S. Environmental Protection Agency (EPA), “Mold Remediation in Schools and Commercial Buildings”.
2) Manufacture, installation and testing shall comply with manufacturer’s instructions and standards. When more stringent requirements are call for either this S.O.W. or codes and regulations, the priority of precedence in compliance shall be: a. Federal Requirements. b. State Requirements. c. Local Requirements. d. Manufacturer’s Requirements. e. Contractor’s Requirements.
18 Disclosure of Information 1) Any information made available to the Contractor by the government shall be used only for the purpose of carrying out the provisions of this contract. This information shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of the contract. 2) In the performance of this contract the Contractor assumes responsibility for the protection of the confidentiality of government records. 3) The Contractor shall adhere to the requirements found in Part 24 of the Federal Acquisition Regulation, Protection of Privacy and Freedom of Information.
19 Warranty & Training 1) All workmanship and materials shall be warranted for a period of not less than three hundred sixty five (365) calendar days from date of acceptance by the Government (Standard Warranty) plus extended chiller, refrigerant and labor warranty (4 years entire chiller). 2) The Contractor shall provide a copy of warranty of items procured. Warranty shall be in writing and shall include any conditions which may invalidate the warranty. 3) Warranty shall include procedures on how to exercise warranty rights. Provide points of contact in order to get services required. 4) Standard warranty shall be all inclusive of parts, labor and materials, related coverage and additional costs, if any. 5) Contractor shall provide all applicable manufacturers’ warranties at time of completion. 6) Contractor shall provide both classroom and hands-on training for GSA maintenance personnel. The contractor shall provide a minimum of four (4) hours on site for the Chiller Manufacturer Training and a Minimum of two (2) hours on site for the BAS training and any other systems. This training will be conducted by the Chiller Manufacture’s authorized service technician and the BAS integration technician. This training is separate from the chiller startup work that is accomplished
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by the Manufacture’s authorized service technician. The completed training sign in sheets shall be a deliverable for the closeout documentation. Training shall be scheduled five business days in advance of the training.
- END OF SCOPE OF WORK –
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1.01 GENERAL BUILDING AUTOMATION DDC REQUIREMENTS
A. The Contractor shall provide and install a system which shall provide Direct Digital Control, Building Automation Functions interfacing with other microprocessor-based building subsystems, such as sub Chiller HMI (Human Machine Interface), VFD, and MCC (Motor Control Center) as specified. The Contractor shall furnish and install the necessary hardware, wiring, computing equipment and software as defined in this specification and as required to cause these systems to operate in accordance with the specified Sequence of Operation. B. The BAS (Building Automation System) is an extension of the GSA Intranet, a U.S. Government Information Technology Network with Security Requirements mentioned within this specification. C. GSA BAS Graphics Design Guide guidance and GSA Project Haystack BAS Point Naming Conventions shall be strictly followed. Existing document(s) and graphical library of templates may be complimentary available by the GSA to remove risk or costly rework by the GSA acceptance of the BAS. D. The system shall operate stand alone at the field network level, building network level, and building supervisor network level. The system shall be networked on a WAN to a remote GSA server; however, in the event of a WAN network failure, or server failure, such condition shall not affect the ability to operate the building from stand-alone condition on a non-volatile flash memory platform described herein. The field level unitary controllers shall fail in last know command state until network connection resumes. E. The BAS shall use native BACnet MS/TP, BACnet TCP/IP architecture and be in strict accordance with ASHRAE Standard 135. All controllers shall be BACnet Testing Labs (BTL) Certified. All BACnet points shall only use native BACnet BTL Certified standardized PICS (Protocol Implementation Conformance Statement) and BIBBS (BACNET Interoperability Building Blocks). 100% of the physical and virtual points shall be programmed as BACnet Objects and Events without any exceptions. F. 100% of Unitary Controllers for DDC HVAC Automation, and Metering shall be fully programmable from a Niagara Framework engineering tool. Third party engineering tools and drivers are prohibited. Niagara Framework Engineering tools shall be embedded on the site JACEs and used during site integration and long-term/life-cycle maintenance of the system. G. More than one communication protocol such as Lon, BACnet, or Modbus shall not be used in the same building automation system nor in the same building without written consent from GSA. Wireless technology shall not be used in on a GSA project nor in a GSA facility without written consent from GSA regional Smart Buildings Program Specialist after review from GSA OCIO IT Department. H. All 100% of the command able physical and virtual points shall be exposed from all field level network control devices up to the JACE level communications bus for 100% Fully Open BAS integrations, two- way communication, and modification/expansion to the system architecture. I. The BAS JACE front end shall encompass the entire facility. The intent of this project is to provide all hardware and software required to accommodate the future expansion of the BAS by multiple vendors. JACEs shall be configured and integrated to the GSA Wide Area Network on GSA managed IPv6 switches with the use of IPv6 addresses provided by GSA IT Office of the Chief Information Officer. At the end of the construction warranty period, 100% of the DDC unitary field level controllers shall have 20% spare capacity for growth and expansion and DDC Niagara supervisory controllers shall have 30% spare capacity for growth and expansion. The BAS JACE front end shall employ FIPS 140-2 encryption licensing on 100% of the JACEs. FIPS 140- 2, level 1 conformance licenses which activate encryption are available from most Niagara vendors. It is incumbent of the controls contractor to choose a vendor that supplies FIPS 140-2 licenses for the Niagara JACEs. J. The GSA IT BAS front end PC Desktop, GSA IT PC Programming Laptop, GSA IT Switches and location provided by GSA shall be coordinated for receipt/use with the GSA property manager and or GSA BAS/AMS Program Manager. Any and all IT equipment provided or used by the contractor (other than cat 5/6 plenum cable and fiber optic cable/connectors) shall be used in the GSA facility. No company programming (non-GSA scanned/hardened) laptop/desktop PCs are permitted for use on the integrated building automation system/DDC components behind the GSA firewall. This measure is required to ensure malware/spyware/Trojan horse/virus/black hat tunnels are not inserted on the BAS DDC network. The measure is also included to ensure that all programming files are confined to the GSA workspace environment for future tuning and reprogramming of the system. K. GSA Graphics Design Guide and BAS/AMS Point Naming Conventions shall be accompanying documents to this contract specification that shall be adhered to foster GSA Regional consistency. Volume 2 - Specifications Page 87
BAS/AMS Project Haystack Point naming conventions shall be used the Unitary Field Level controls and the JACE Supervisory Level. L. The Regional BAS/AMS Virtual Web Supervisor Server(s) are located on the GSA network and may be accessed with VPN remotely by coordination with GSA BAS/AMS Smart Buildings Program Specialist. If a GSA Regional BAS/AMS Virtual Web Supervisor Server does not exist, inquire as to if a server license will be required in this contract specification. M. Building Cat 6 switch and riser diagram/back bone shall be coordinated early on in the project with the GSA IT Department in GSA Central Office, Washington D.C. The Government will provide IT engineering expertise to coordinate the installation of the IT infrastructure.
1.02 APPROVED MANUFACTURERS AND BIDDERS
The Contractor shall be an established supplier of control components consisting of all employees required to prepare the system installation drawings/submittal, acquire the product, install the system, calibrate, program, adjust, troubleshoot and repair. The Contractor shall be adequately equipped and staffed to maintain a service organization capable of warranty maintenance, as well as to provide extended service on installed systems upon request and/or as specified hereinafter. Subject to compliance with the specification requirements, provide building automation/control systems by any Factory Authorized Tridium Niagara JACE Systems Integrator whose credentials are authorized by the GSA Operations Branch and the Engineer of Record, and employ the use of JACE at front end of the BAS.
1.03 OPEN PROTOCOL
A. All 100% of the physical and virtual points shall be exposed to a non-proprietary BACnet communication network bus for integration or expansion for the Niagara JACE(s). B. BACnet Selection: Each component of the system, including the LANs and software, shall be in full compliance with ANSI Approved ASHRAE Standard 135-2016, commonly referred to as BACnet. The BAS shall use native BACnet MS/TP, BACnet TCP/IP architecture and be in strict accordance with ANSI/ASHRAE Standard 135-2016. All controllers shall be BACnet Testing Labs (BTL) Certified. All BACnet points shall only use native BACnet BTL Certified standardized PICS (Protocol Implementation Conformance Statement) and BIBBS (BACNET Interoperability Building Blocks). All physical and virtual points shall be programmed as BACnet Objects and Events without any exceptions.
1.04 SUBMITTALS
A. IT Riser Diagram: (If Applicable IP enabled devices are added). The contractor shall submit a full detail IT riser diagram as a Microsoft Visio file (.pdf file not acceptable) depicting the following items by room number and floor: GSA Desktop PC, GSA Laptop Connection zone, GSA Switch location(s), control wire type (Cat 6, Two conductor, Fiber optic) with length of Cat 6 and Fiber illustrated from GSA switch(s), BAS controller field level and supervisory controller end device(s) manufacturer/model number (for manufacture and model use legend for simplicity), GSA T-1 Circuit and Main Switch. B. Technician BAS Installation Certifications, (i.e., Niagara Certification). C. Product Data for Each Type of Product Specified. Include manufacturer’s technical Product Data for each control device furnished, indicating dimensions, capacities, performance characteristics, and electrical characteristics, finishes of materials, installation instructions, and start-up instructions. D. Equipment: Shop drawings from manufacturer, detailing equipment assemblies and indicating dimensions, weights, loadings, required clearances, method of field assembly, components, and location and size of each field connection. Submit size schedule for control dampers and control valves. E. Site project integration narrative (i.e integration plan, final engineering file back-up deliverables, etc.). GSA IT security (i.e. use of GSA laptop hardware for programming) shall be approved before BAS work commences.
1.05 DELIVERABLES
A. Control System As built Shop Drawings: Submit updated/modified existing shop drawings. Volume 2 - Specifications Page 88
B. Wiring Devices: Submit wiring diagrams, detailing wiring for power, signal, and control systems and differentiating clearly between manufacturer/manufacturer’s installed and field installed wiring. C. Start-up Submittal/Field Test Reports: Submit procedure and certification of control system. D. Testing and Adjustment During and After Installation: The testing and adjusting submittal includes the submission of a test plan which describes in detail the method by which each component, subsystem, and system will be tested, calibrated, adjusted, and retested after installation in accordance with the specified sequences of operation and other characteristics of the control system. E. Reporting and Demonstration: This phase shall include the submission of a written report describing the actions taken during the testing phase, including the set points and operating ranges of each piece of equipment and a demonstration that the system performs in accordance with contract requirements. F. Operating Instructions and Training: This phase includes the training of operating personnel, utilizing written operating instructions, prepared and approved under the “Submittals” paragraph of this Section, and the mounting of laminated control diagrams where directed. G. JACE License Forms: Submit with final shop drawings. H. Engineering Tools: Workbench version 3.8 Tridium ELM (Enterprise License Manager) compliant software maintenance agreement. or higher and all Field Level programming tools shall be embedded on the JACE(s) on site. The contractor shall provide the appropriate quantity of legal copies of all software tools, configuration tools, management tools, and utilities used during system commissioning and installation. All tools shall be generally available in the market. No closed and/or unavailable tools will be permitted. Contractor shall convey all software tools and their legal licenses at project close out. I. JACE Programming Files: All programming files associated with each JACE shall be backed up and neatly organized by the floor number/site designation number for easy recognition on the Government Laptop and On-site External Hard Drive. J. Proprietary (existing that was modified) and Non-Proprietary Programming Files: All programming files associated with each field level device shall be backed up and neatly organized by equipment item for easy recognition on the Government Laptop, on DVD-Rom Disk and on the on-site BAS External Hard Drive (if available). K. Backup Disks: Provide labeled backup disks (3ea copies) labeled JACE Programming Files, and Site Field Level Programming files. Upon job completion provide all drawings, product information, resource files, configuration files, etc on standard recordable media (CD, DVD).
1.05 NIAGARA DDC DIGITAL SUPERVISORY CONTROLLER INTEGRATION
A. GSA’s intent it to or currently employs an Enterprise Web Supervisor Server current version that shall be integrated to by the individual JACE(s) at the building level within this project on secure point to point GSA Intranet broadband circuits. B. JACE supervisory controllers will perform the BAS function as the front end at the building level. C. Controls contractor shall provide Niagara 4, JACE 8000 as the supervisory controllers licensed to 3.8 with 3-year (minimum), 5-year (maximum) Tridium ELM (Enterprise License Manager) compliant software maintenance agreement. 1. Controllers require GSA IT approval, hardening, and scanning prior to installation on GSA buildings. Firmware or software patches from the vendor and/or guidance by GSA IT security shall be adhered to by the contractor installing the BAS hardware components. Select controllers have been pre-scanned and approved. Consult with GSA. 2. HSPD-12 (Homeland Security Presidential Directive-12) clearances will have to be initiated on all personnel that will be performing programming on Building Automation Systems behind the Agency firewall prior to work being initiated. 3. The GSA shall be free to direct the modification of any software license, regardless of supplier. The intent is to ensure that the installed JACE products may be completely "open" for integrations. In addition, GSA shall receive ownership of all job specific software configuration documentation, data files, and application-level software developed for the project. This shall include all custom, job specific software code and documentation for all configuration and programming that is generated for a given project and /or configured for use within Niagara Framework (JACE) based controllers and/or servers and any related hardware devices. Any and all required Ids and passwords for access to any component or software program shall be provided to “GSA REGION Volume 2 - Specifications Page 89
7”. It is “GSA REGION 7’s” intent to purchase an open system capable of being serviced and expanded by any acceptable system integrator that has and maintains certification (TCP) to work on Niagara Framework systems. The Niagara Compatibility Statement (NICS) for all Niagara Software shall allow open access and be set as follows: ‘ui.wb.admin="true"’ accept.station.in="*"accept.station.out="*"accept.wb.out="*" accept.wb.in="*” "BrandID=* or BrandID=Vykon" section of the software license. In any case, “GSA REGION 7” shall maintain the right to direct contractor to modify any software license, regardless of supplier, as desired by “GSA REGION 7” The Contractor shall not install any “brand specific” software, applications or utilities on Niagara Framework based devices. All hardware and field level devices installed, (i.e.; ASCs, PDUs), for the project shall not be limited in their ability to communicate with a specific brand of Niagara Framework device. The Contractor shall also provide “GSA REGION 7” with Admin role login in credentials and the passphrase so that “GSA REGION 7” may have full access to all Niagara Framework products installed. The contractor shall NOT use brand specific software/firmware on the BAS DDC Niagara Framework operating system at the Web Supervisor level, JACE controller level, or unitary device level. The contractor shall NOT use brand specific hardware products that are not available through open market distribution channels as determined/categorized/defined by “GSA REGION 7”. The contractor shall provide BOTH Admin Level Login Credentials and the Pass Phrase for 100% of all Niagara Framework devices through the specified project. 4. GSA will provide a site circuit, switch, and a range of dedicated IPv6 addresses to the project for each assigned JACE. Physical addresses from each JACE shall be supplied to GSA IT once the controls contractor procures and receives them. Routers and Switches will be provided by GSA and installed by the controls contractor. GSA IT request procedures must be followed to receive GSA Intranet configured switches and routers which shall be ordered with consideration of a 60 day lead time. Coordination with GSA IT shall be made to set up switches to communicate behind the GSA firewall. 5. Contractor will furnish Enterprise Web Supervisor software; utilize the standard Work Place toolbox for graphic development to promote consistency across the region. Any reutilization of existing graphics will not be permitted. GSA Operations Branch will provide graphics examples that shall be used as a standard design for BAS graphics. Supervisor engineering tool software shall be licensed to GSA and installed on the GSA provided laptop. Engineering tool back-up disks shall be turned over to GSA as a deliverable. 6. Graphics files shall be stored on the JACE locally at the building and stored/ provisioned as a 15- day FIFO cycle on the GSA Regional web supervisor server for backup/ redundancy. The implemented BAS solution shall operate stand alone at the building and shall not be reliant on the GSA WAN Wide Area Network for GUI (Graphical User Interface) operation. Provide proof of provisioning at the end of the project. 7. GSA will provide an up to date desktop PC to be used to access the BAS as Government furnished property. After scanning/hardening/imaging, GSA IT will ship the PC to the project management on site and will be available for BAS integrator. An up to date laptop will be furnished as Government Property to be used as the primary programming tool for the BAS. The laptop shall be turned over to the GSA property manager at the end of the project. All programming software (engineering tools) and complete, neatly organized programming files shall be left on the laptop for easy modification and changes to the programming of the BAS. Software updates shall be updated at the end of the warranty period at no additional expense to the Government. 8. Integration of each JACE onto the GSA Regional Niagara Framework web supervisors shall occur. 100% integration, communication, mapping, set up, configuration, and sharing of points between the GSA Regional BAS Niagara Framework Applications Server and the AMS (Advanced Metering System) Vykon Energy Suite Application Web Supervisor Server are required. AMS point histories and configuration shall be set up and operational on the AMS at the server level for trending, month-to-year archiving, and analysis. Volume 2 - Specifications Page 90
9. The BAS shall not have a dial up modem or any other broadband connection to an outside LAN or WAN other than the GSA WAN. The JACE supervisor controller, Desktop Workstation and Programming Laptop that have all been hardened/scanned/imaged, shall be the only devices that shall have network capability designated to the GSA Intranet only. 10. The AMS metering system shall be connected to the said metered elements capable of a pulse output, such that a demand and consumption can be recorded at 15-minute intervals. Coordination with the utility companies prior to construction shall occur to ensure integration issues are addressed prior to construction phase. D. Note, the histories listed below are not the complete list of 14 day FIFO histories that are to be stored within the JACE controller. This list only describes those histories that are to be archived to the AMS Server for display by the energy monitoring applications. These histories shall be reestablished by remapping points (when altered by the project scope) on the Niagara MS SQL server back-end time- series database . Chilled Water Supply and Return for each Chiller Primary Chilled Water Loop Supply and Return Temperature Building/Secondary Loop Supply and Return Temperature Condenser Water Supply and Return Temperature for each Chiller Condenser Water Loop Supply and Return Temperature Condenser Water Conductivity. Plate and Frame Heat Exchanger Condenser Water Supply and Return Temperature Plate and Frame Heat Exchanger Chilled Water Supply and Return Temperature Plate and Frame Heat Exchanger Hot Water Supply and Return Temperature Plate and Frame Heat Exchanger Domestic Water Supply and Return Temperature Hot Water Supply and Return Temperature for each Boiler Building Loop Hot Water Supply and Return Temperature Building Chilled, Condenser and Hot Water Flow Meter in Gpm Cooling Tower Blow-down and Make-up Water Flow Meter in Gpm Building Consumption in Tons of Chilled, Condenser and Heating Systems Steam Pressure for each Boiler Domestic Hot Water Supply and Return Temperature Chiller Status of each Chiller o Amp draw of each Chiller Boiler Status of each Boiler Chilled Water Pump Status of each pump – Primary and Secondary o Amp draw of each pump Condenser Water Pump status of each pump o Amp draw of each pump Cooling Tower Fan Status of each fan o Amp draw of each fan Domestic Water Pump Status of each pump Solar Thermal Pump status of each pump Note – All Status histories are to have both a history configured in a 15-minute interval as well as a history configured to record on a Change of State (COV History). Both history types are to be archived to the BAS Server and to the AMS Server.
1.06 UNITARY DDC DIGITAL CONTROLLERS A. BACnet BIBBs: General Purpose Digital Controllers shall use BACnet as the native communications protocol between controllers, which shall as a minimum, support the following BIBBs:
Data Sharing Alarm Event Schedule Trend Device Man. DS-RP-A, B AE-N-B SCHED-B T-VMT-B DM-DDB-A, B DS-RPM-B AE-ACK-B T-ATR-B DM-DOB-B DS-WP-A, B AE-ASUM-B DM-DCC-B Volume 2 - Specifications Page 91
DS-WPM-B DM-TS-B DS-COVU-A, B DM-UTC-B DM-RD-B B. Interoperability: Unitary or Terminal Digital Controllers shall be 100% programmable with the use of an embedded Niagara workbench on the JACE. No other third party software shall be required or is permitted for use on this DDC Automation System. Full programmability and sequence changes shall be capable from on unitary DDC controllers from a JACE and shall be fully considered during equipment selection. C. Unitary DDC controllers shall have the ability to operate stand-alone apart from the JACE and fail-safe mode to last known command maintaining sequence of operations of the DDC systems and sub-systems (i.e. chill/heating water plant). Unitary DDC controllers shall be programmed to read a heart-beat signal from the JACE. If/when the heart-beat signal is lost during the unoccupied equipment schedule, an occupied status where pumps, chillers, boilers, AHUs are running shall occur to ensure satisfied space temperatures and freeze protection in the event of a supervisory JACE failure. D. Communication Speed: Controllers shall communicate at a minimum of 150 Kbps using Ethernet or ARCNET implemented over EIA-485/RS-485/RS-232 using an unshielded twisted pair at the Data Link Layer. E. General Specification: Each General Purpose Digital Controller shall be capable of stand-alone DDC operation utilizing its own 16 or 32-bit processor, non-volatile flash memory, input/output, 10-bit A to D conversion, hardware clock/calendar, and voltage transient and lightning protection devices. Non-volatile flash memory shall have a battery backup of at least five years. Firmware revisions to the controller shall be made from the BAS server or remotely over the intranet or Internet. Controllers shall not require component changes to implement firmware revisions. F. Self-Test Diagnostics: Each controller shall include self-test diagnostics, enabling the controller to automatically report malfunctions to the server. G. Each General Purpose Multiple Application Digital Controller shall contain both software and firmware to perform full DDC Proportional, Integral, and Derivative (PID) control loops and programs. H. IP-based DDC controllers shall be on the GSA’s government list of scanned and hardened devices and can be found on the GSA’s intranet site https://insite.gsa.gov/portal/content/655974. Key NOTE: This does not apply to RS-232/RS-485 devices. However, RS-232 and RS-485 DDC hardware devices with Ethernet ports used for programming or wireless ports/connections shall all be secured/turned off through software/firmware updates or physically blocked/disabled. I. Input/Output Processing: Digital outputs shall be relays, each configured as normally open or normally closed. Each output shall have a manual Hand-Off-Auto switch to allow override and a LED to indicate operating mode of output. Universal inputs shall be Thermistor, RTD 0-10VDC, 0-20 mA, resistive and dry contact. Analog output shall be electronic, voltage mode 0-10 VDC or current mode 4-20mA. Analog pneumatic outputs shall be 0-20 psi. Each pneumatic output shall have a feedback transducer to be used in the system for software programming needs. The feedback transducer shall measure the actual psi output value and not a calculated value. Each output shall have a manual override switch that will allow the output to be configured in one of three ways: open, closed, or automatic operation. A LED shall indicate the state of each output.
1.07 DDC INDICATION AND MONITORING DEVICES Electronic Valve/Damper local Position Indication and feedback potentiometer: Visual scale indicating percent of travel and 2- to 10-V dc, or 4-20mA feedback signal. Both Command and Feedback signal shall be indicated on the BAS graphic pages.
1.08 ELECTRICAL WIRING AND CABLE CONNECTIONS A. IT Conductors: 1.) Exposed cables installed in air plenums shall be specifically listed for air plenum use. 2.) Cables, both fiber and copper, shall be as recommended by the manufacturer of the BAS, and shall be as required to support the specified LAN BACnet transmission type. 3.) Contractor shall install Category 6 plenum “green color scheme” cable for connection to Ethernet bus field level panels and to the GSA Intranet switch(s) for the JACE on distances less than 300 feet (91 Meters). Volume 2 - Specifications Page 92
4.) Contractor shall install Fiber Optic Cable for connection to the GSA Intranet switch(s) for the JACE on distances greater than 300 feet (91 Meters). 5.) Contractor SHALL NOT daisy chain IT Switches. All switches shall be home run to the main switch adjacent to the GSA point of entry T-1 circuit. B. Electrical: 1.) Furnish and install all power, control interlock wiring (fire alarm interlocks, freeze protection, high and low static pressure limits, etc.), circuit breakers and appurtenances required for a complete, functioning control system. Installation shall conform to Division 16. Power for the controls shall be obtained from the nearest electrical panel having available capacity. Circuits for the control system shall be clearly marked at the panel directory and on the electrical record drawings. 2.) The system shall consist of 3 areas of installation: a. Low Voltage Wiring: All low voltage wiring (24V or less) shall be no less than #16 conductor twisted pairs of stranded wire. All analog input points shall be shielded regardless of length. All low voltage wiring will be run concealed (out of sight) in areas outside of equipment and mechanical rooms. Within equipment and mechanical rooms and exposed areas, the low voltage cable will be run in EMT conduit with compression fittings for protection. All low voltage wiring above 8 feet that is concealed (out of sight) can be run without conduit. Control wiring run in air plenums will require the use of UL approved plenum rated cable. Provide grounding as required. b. Line Voltage Wiring: All line voltage wiring (greater than 24V) will be #12 THHN AWG or larger and will be run in EMT conduit with compression fittings. c. Communications Cable (LAN Network): All data communications cable shall be Fiber Optic RG62U coax or Belden 8760 or equal TSP #18. Signal levels (milli-volts) shall be DC voltage. All communication cable shall be run concealed where possible. When exposed it shall be installed in conduit. In areas where a return or supply air plenum exists, the cable shall be a UL approved plenum rated cable. When Fiber Optic cable is used, there shall be a hub at each node. The hub shall convert fiber optic to coax and shall be furnished in single port or multi-port hubs. No two nodes on the network will experience a delay of longer than 31 microseconds. Active hub designs shall be used where beneficial and shall be fixed port stand-alone, variable port modular, active link, or board level. C. Cable Installation: a. Concealment: Conceal cable, except in mechanical rooms and areas where other conduit and piping are exposed. b. Exposed cable: Install exposed cable in raceway and/or conduit. c. Multi-Conductor Instrument Cable: Bundle and harness multi-conductor instrument cable in place of single cables where a number of cables follow a common path. d. Flexible Conductors: Fasten flexible conductors, bridging cabinets and doors, neatly along hinge side; protect against abrasion. Tie and support conductors in neat and workmanlike manner. e. Number or Color Code Conductors: Number code or color code conductors, except local individual room controls, for future identification and servicing of control system. D. Electrical Components: Connect electrical components to wiring systems and to ground as indicated and instructed by manufacturer. Tighten connectors and terminals, including screws and bolts, according to equipment manufacturer's published torque tightening values for equipment connectors. Where manufacturer's tightening requirements are not indicated, tighten connectors and terminals according to tightening requirements specified in UL 486A. E. Manual Reset Limit Controls: Connect manual-reset limit controls independent of manual control switch positions. F. Selector Switches: Connect HAND-OFF-AUTO selector switches to override interlock controls when switch is in HAND position only.
1.09 QUALITY CONTROL/VENDOR EXPERIENCE AND MATERIAL SELECTION QUALIFICATIONS
A. Contractor shall have been in business installing and maintaining the same brand of equipment as used on this project for at least three (3) years prior to the bid date of this project. Volume 2 - Specifications Page 93
B. Installer Qualifications: Installer shall have at least 5 years of experience installing BAS and JACE web- based BAS and shall be an experienced installer who is a certified installer of the BAS manufacturer for both installation and maintenance of products and systems required for this project. C. Manufacturer Qualifications: A firm experienced in manufacturing products for BASs the same as or similar to those required for this project and with a record of successful in-service performance for a minimum of one year prior to the bid date for this project. D. Material Qualifications: Installer shall use Hardware, Software, and Firmware that is available for purchase by GSA and our on-site O&M Contractors during and after the project from multiple non- proprietary warehouse distribution channels and/or available for procurement from the GSA Advantage Federal Acquisition Services GSA Schedule.
1.10 ALARM AND EVENT REPORTING
A. Alarms or events designated as ‘critical” shall be delivered immediately. Non-critical events or alarms may be programmed to be delivered on operator request or automatically, on a scheduled timer. Each alarm or event condition may be assigned an urgency priority. Urgent alarms or events may be programmed to sound external audible devices and/or to email individual workstations, cell phones or alphanumeric pagers. Systems that have Ethernet connections and Telephone Modems for access/alarming are not permitted. The events generated at the DDC module level shall include at least the following information: 1. Time/Date Stamp, using the standalone control module time/date. 2. Site location and network address. 3. Alpha-numeric event ID. B. Transmission: The console shall automatically alarm both locally and remotely (through Email via GSA Niagara Web Supervisor and SMTP servers) in the event of an operator specified alarm condition. The operator shall be able to disable each alarm condition. The operator shall be able to disable each alarm condition to an active or inactive state. No situation, short of communication equipment failure or disconnect, should be possible that would block this alarm reporting. The console shall automatically email up to a minimum of three (3) email addresses in the event of an alarm. The alarm identification, limit, message, and the email addresses shall be software definable. If the system is unable to make a connection with the Email Server, it shall retry a pre-programmed number (adjustable) of times. If it is still unable to make a connection, it will buffer the message until the connection to the Email Server is restored at which time it will transmit all buffered messages. It will continue to do this until a valid connection is made and the alarm message(s) is/are sent and an acknowledgement is made by an operator. C. Email: Compatible Pager Annunciation: The console shall be configured to email designated pagers of the type designated by the Owner. The console shall be user programmable to email pagers in an order specified by the operator. This feature shall be initially programmed by the installing contractor. The console shall connect and successfully send an alphanumeric data string to the pager service. The console shall email pagers only for after-hours CRITICAL alarm annunciation. Each of the other alarm types shall email only the designated recipients. D. Alarm text messages shall be short, well defined, and easy to understand by property managers. E. Alarm text messages shall be for major equipment such as boiler/chiller water temp failure to achieve +/- 2 degrees of loop set point. F. Alarm text messages shall be tuned to prevent nuisance alarms in any event. G. A list of property managers and equipment operators designated as alarm recipients will be provided upon request. H. Alarm List: The following is considered to be a minimum list of operator definable alarm conditions: a. Each operation (on/off, modulate, etc.) commanded by the controller that failed to occur. b. Change-of-state of each status input other than programmed change of state. c. Exceeding a high or low limit on each analog input. d. Exceeding a maximum or minimum difference between two or more analog inputs. e. Switching of the control outputs from automatic mode (controller) into either manual on or off position at the controller HOA switch. f. Return of each control outputs from manual on or off to automatic mode at the controller HOA switch. g. Controller component failure.
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1.11 DEMONSTRATION AND INSPECTION
A. System: The Building Automation System shall be demonstrated to the Owner’s representative to perform as specified, and Owner’s operating personnel shall be instructed in the operating procedures until they are familiar with the system. B. Operation: Every BAS component, wiring, and control program installed under this section shall be demonstrated to the Owner’s representative to be in working condition. Once each component operation has been verified and the system has been properly commissioned with the rest of the equipment and building systems, the systems will be ready for final acceptance. At that time, the warranty period will begin and will extend only to the replacement of material with manufacturer’s defects, and to normal or recommended recalibration or adjustments. C. Direct Digital Controls: The Contractor shall demonstrate that the DDC programs accomplish the specified sequences of operation. D. Power Failure Recovery: The Contractor shall demonstrate that the field control panels automatically recover from power failures, as specified and return the systems to the state specified for the time-of-day if the power restoration, i.e., if a fan is to be off at the time power is restored, the fan shall not start after the power is restored, until the fan’s next scheduled on time. E. Stand-Alone Operation: The Contractor shall demonstrate that the stand-alone operation of panels meets the requirements of these Specifications. Demonstrate that the controller’s response to LAN communication failures meets the requirements of these Specifications. F. Software/Firmware Updates: During the one-year warranty period, the Contractor shall provide and install software upgrades released by the manufacturer as applicable to the systems installed at the facility. At the conclusion of the warranty period, the Contractor shall submit to the Owner a signed certificate certifying that the software version currently installed is the latest release available from the manufacturer. G. During the warranty period, the Contractor shall be responsible to update, maintain, change, modify, and correct DDC programming deficiencies upon request by the Owner, to meet the specified sequence of operation. During this period, when DDC programming problems cause comfort or equipment problems, the Contractor shall implement corrective measures within four (4) hours of notification by Owner. Corrective action may be taken by local or remote access of the BAS. H. Start-up Test: Upon completion of integration and installation of the DDC programming, the Contractor shall inspect and test run the entire DDC package for verification of the proper sequence of operation for each component and system. The Contractor shall submit a certification to the Owner that each of the DDC programs have been field tested for proper function prior to final system test. The following constitutes those items which, at a minimum, shall be included in a start-up submittal if/when mechanical items are included in the project scope:
1. Chillers: a. Scheduled run status. b. Actual run status. c. Amperage. d. Log of alarmed outages. e. Chilled water supply temperature from each chiller. f. Chilled water return temperature to each chiller. g. Condenser water return temperature leaving each chiller. h. Condenser water supply temperature entering each chiller. i. Lead/lag selection. j. Capacity control command. 2. Chilled Water Pumps: a. Scheduled run status. b. Actual run status. c. Logged alarmed outages. d. Amperage. 3. Condenser Water Pumps: a. Scheduled run status. b. Actual run status. c. Logged alarmed outages. Volume 2 - Specifications Page 95
d. Amperage. 4. System Secondary Chilled Water Pumps: a. Scheduled run status. b. Actual run status. c. Logged alarmed outages. d. Amperage. e. % speed. f. Speed control signal. g. System differential pressure (controlling sensor value). 5. Cooling Tower: a. Scheduled run status and fan speed sequencing. b. Actual run status and fan speed sequencing. c. Amperage. d. Log alarmed outages. e. Condenser water supply temperature. f. Condenser water return temperature. g. Calculated condenser water reset temperature. h. Outside air dry bulb and wet bulb temperatures (% RH). i. Reset valve position. j. % speed. k. % speed control command signal.
END OF SECTION Volume 2 - Specifications Page 96
NEW Sequence of Operation for Central Plant Chilled Water System Muskogee Federal Building
Chiller Operation
Plant operation is to be scheduled through the BAS and provides cooling year round. Central Plant cooling will have a “Lead/Lag” configuration with a Manual Override on the BAS Graphics Page. Chillers shall alternate “Lead” weekly on Monday at Midnight. The BAS shall never run both chillers at the same time. If the “Lead” chiller should fail or if the Chilled Water Temperature rises 3 degrees above setpoint, the BAS shall shut that chiller down and close its isolation valves. The BAS should then start the “Lag” chiller. An alarm shall be generated on the BAS graphics page and a notification shall be sent by the BAS. Chilled Water Supply temperature setpoints will be adjustable from the BAS graphics page. All KW, temperature and time delays are field adjustable from the BAS graphics page.
Cooling Tower Operation
The cooling tower fan and bypass will modulate to maintain a deadband of 2°F (adjustable) above Outdoor WB temperature with a minimum temperature of 65°F and a maximum of 80°F. Lead tower will rotate on a weekly basis. Tower failure will generate an alarm and switch to lag tower. The cooling tower fan and bypass will modulate to maintain a setpoint of 70 °F (adjustable) leaving the tower. An alarm notification will be sent by the BAS.
Condenser Water Pump Operation
Condenser pumps will start/stop with the chiller they are associated with. Differential pressure transducer measuring condenser delta P will be used to slowly modulate pump speed in order to maintain chiller design across condenser. VFDs will be programmed to have a 600 second ramp time and a minimum frequency of 30Hz. Pump failure will generate an alarm notification, sent by the BAS.
Chilled Water Pump Operation Chilled water pumps will start/stop with the chiller they are associated with. Chilled water supply and return sensors will be used to slowly modulate pump speed in order to maintain 10 delta T across evaporator. VFDs will be programmed to have a 600
℉ Volume 2 - Specifications Page 97
second ramp time and set to maintain minimum flow of 2.5psi drop across evaporator. Pump failure will generate an alarm notification, sent by the BAS.
Chilled Water Reset A Chilled Water Reset table shall be placed on the BAS graphics page and will be based off Outdoor Air Temperature (OAT). If the OAT is 80°F the Chilled Water Supply Temp shall be 46°F and as the OAT drops to 65°F, the Chilled Water Supply Temp shall increase in a linear motion to 52°F.
Volume 2 - Specifications Page 1 of 6Page 98
General Decision Number: OK170061 05/05/2017 OK61
Superseded General Decision Number: OK20160061
State: Oklahoma
Construction Type: Building Building Construction -does not include residential construction consisting of single family homes and apartments up to and including 4 stories. (Including building projects on industrial sites and treatment plants)
County: Muskogee County in Oklahoma.
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date 0 01/06/2017 1 02/03/2017 2 05/05/2017
* BOIL0592-001 01/01/2017
Rates Fringes
BOILERMAKER...... $ 28.47 21.88 ------ELEV0083-003 01/01/2017
Rates Fringes
ELEVATOR MECHANIC...... $ 38.25 31.585+a+b
PAID HOLIDAYS:
a. New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving, and Christmas Day.
b. Employer contributes 8% of regular hourly rate to vacation pay credit for employee who has worked in business more than 5 years; 6% for less than 5 years' service.
------ENGI0627-012 06/01/2016
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Rates Fringes
POWER EQUIPMENT OPERATOR: Group 1...... $ 28.05 12.58 Group 2...... $ 26.35 12.58 Group 3...... $ 25.80 12.58 Group 4...... $ 25.05 12.58 Group 5...... $ 24.55 12.58 Group 8...... $ 22.10 12.58 Group10...... $ 21.10 12.58
POWER EQUIPMENT OPERATOR GROUP 1: All Crane Type Equipment 200 ton and larger and including 400 ton capacity cranes. All Tower Cranes.
GROUP 2: All Crane Type Equipment 100 ton capacity and larger cranes, and less than 200 ton capacity.
GROUP 3: All Crane Type Equipment 50 ton capacity and larger cranes, and less than 100 ton capacity. Crane Equipment (as rated by mfg.) 3 cu. yd. and over Guy derrick Whirley Power Driven Hole Digger (with 30' and longer mast).
GROUP 4: CRANES with Boom Incl. Jib less than 100 ft and less than 3 cu. Yd.; Overhead Monorail Crane
GROUP 5: BULLDOZER GROUP 8: FORK-LIFT GROUP 10:OILER
------IRON0584-010 06/01/2015
Rates Fringes
IRONWORKER, STRUCTURAL...... $ 24.00 13.53 ------PLUM0430-022 07/01/2016
Rates Fringes
PIPEFITTER (Including HVAC Pipe and Unit Installation)...... $ 30.75 13.13 ------SHEE0270-009 06/01/2012
Rates Fringes
SHEET METAL WORKER (Including HVAC Duct Installation)...... $ 30.56 11.52 ------SUOK2012-041 06/18/2012
Rates Fringes
BRICKLAYER...... $ 20.00 0.00
CARPENTER...... $ 13.62 0.00
CAULKER...... $ 20.00 1.61
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CEMENT MASON/CONCRETE FINISHER...$ 16.91 0.61
ELECTRICIAN (Alarm Installation)...... $ 20.47 4.52
ELECTRICIAN (Low Voltage Wiring)...... $ 21.03 4.94
ELECTRICIAN (Sound and Communications Systems Installation)...... $ 22.10 5.76
ELECTRICIAN: Excludes Low Voltage Wiring and Installation of Alarms and Sound and Communication Systems...... $ 23.04 5.52
LABORER: Common or General...... $ 9.22 0.00
LABORER: Mason Tender - Brick...$ 10.25 0.00
LABORER: Mason Tender - Cement/Concrete...... $ 13.04 0.00
LABORER: Pipelayer...... $ 12.93 0.00
OPERATOR: Backhoe/Excavator/Trackhoe...... $ 13.00 0.00
PAINTER: Brush, Roller and Spray...... $ 13.56 0.00
PLUMBER, Excludes HVAC Pipe Installation...... $ 24.66 10.36
ROOFER...... $ 15.00 0.29
SPRINKLER FITTER (Fire Sprinklers)...... $ 39.95 0.38 ------
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
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Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons
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resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
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The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.
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Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
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WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
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U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
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END OF GENERAL DECISION
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