10-223-SOL-00046 A-E solicitation.pdf

5. NAME OF FIRM

PART I - CONTRACT-SPECIFIC QUALIFICATIONS

ARCHITECT - ENGINEER QUALIFICATIONS

A. CONTRACT INFORMATION

1. TITLE AND LOCATION (City and State)

2. PUBLIC NOTICE DATE 3. SOLICITATION OR PROJECT NUMBER

B. ARCHITECT-ENGINEER POINT OF CONTACT

C. PROPOSED TEAM

(Complete this section for the prime contractor and all key subcontractors.)

4. NAME AND TITLE

8. E-MAIL ADDRESS7. FAX NUMBER6. TELEPHONE NUMBER

(Check)

P R

IM

E

J- V

P

A R

TN

E

R S

U B

C O

N

TR

A

C

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9. FIRM NAME 10. ADDRESS 11. ROLE IN THIS CONTRACT

a.

b.

c.

d.

e.

f.

STANDARD FORM 330 (6/2004) PAGE 1

D. ORGANIZATIONAL CHART OF PROPOSED TEAM (Attached)

CHECK IF BRANCH OFFICE

CHECK IF BRANCH OFFICE

CHECK IF BRANCH OFFICE

CHECK IF BRANCH OFFICE

CHECK IF BRANCH OFFICE

CHECK IF BRANCH OFFICE

AUTHORIZED FOR LOCAL REPRODUCTION

12. NAME 13. ROLE IN THIS CONTRACT

18. OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.)

E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT

(Complete one Section E for each key person.)

14. YEARS EXPERIENCE

b. WITH CURRENT FIRMa. TOTAL

17. CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE)16. EDUCATION (DEGREE AND SPECIALIZATION)

15. FIRM NAME AND LOCATION (City and State)

STANDARD FORM 330 (6/2004) PAGE 2

a.

b.

c.

d.

(1) TITLE AND LOCATION (City and State)

PROFESSIONAL SERVICES CONSTRUCTION (If applicable)

(1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (If applicable)

(1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (If applicable)

(1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (If applicable) e.

Check if project performed with current firm

Check if project performed with current firm

(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE

(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE

(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE

Check if project performed with current firm

Check if project performed with current firm

(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE

19. RELEVANT PROJECTS

(1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED

PROFESSIONAL SERVICES CONSTRUCTION (If applicable)

(2) YEAR COMPLETED

(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S

QUALIFICATIONS FOR THIS CONTRACT

(Present as many projects as requested by the agency, or 10 projects, if not specified.

Complete one Section F for each project.)

a. PROJECT OWNER

21. TITLE AND LOCATION (City and State)

25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

24. BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)

20. EXAMPLE PROJECT KEY

NUMBER

a.

b.

c.

d.

e.

f.

(1) FIRM NAME (2) FIRM LOCATION (City and State)

(3) ROLE(1) FIRM NAME (2) FIRM LOCATION (City and State)

(3) ROLE(1) FIRM NAME (2) FIRM LOCATION (City and State)

(3) ROLE(1) FIRM NAME (2) FIRM LOCATION (City and State)

STANDARD FORM 330 (6/2004) PAGE 3

(3) ROLE

(1) FIRM NAME (2) FIRM LOCATION (City and State) (3) ROLE

b. POINT OF CONTACT NAME

23. PROJECT OWNER'S INFORMATION

c. POINT OF CONTACT TELEPHONE NUMBER

(3) ROLE(1) FIRM NAME (2) FIRM LOCATION (City and State)

22. YEAR COMPLETED

PROFESSIONAL SERVICES CONSTRUCTION (If applicable)

TITLE OF EXAMPLE PROJECT (FROM SECTION F)

G. KEY PERSONNEL PARTICIPATION IN EXAMPLE PROJECTS

STANDARD FORM 330 (6/2004) PAGE 4

26. NAMES OF KEY

PERSONNEL

(From Section E, Block 12)

27. ROLE IN THIS

CONTRACT

(From Section E, Block 13) 1 2 3 4 5 6 7 8 9 10

29. EXAMPLE PROJECTS KEY

NO. TITLE OF EXAMPLE PROJECT (FROM SECTION F) NO.

28. EXAMPLE PROJECTS LISTED IN SECTION F

(Fill in "Example Projects Key" section below before completing table.

Place "X" under project key number for participation in same or similar role.)

H. ADDITIONAL INFORMATION

30. PROVIDE ANY ADDITIONAL INFORMATION REQUESTED BY THE AGENCY. ATTACH ADDITIONAL SHEETS AS NEEDED.

I. AUTHORIZED REPRESENTATIVE

The foregoing is a statement of facts.

31. SIGNATURE 32. DATE

33. NAME AND TITLE

STANDARD FORM 330 (6/2004) PAGE 5

PART II - GENERAL QUALIFICATIONS

(If a firm has branch offices, complete for each specific branch office seeking work.)

a. SIGNATURE

ARCHITECT-ENGINEER QUALIFICATIONS

2a. FIRM (OR BRANCH OFFICE) NAME

2b. STREET

2c. CITY 2d. STATE 2e. ZIP CODE

3. YEAR ESTABLISHED 4. DUNS NUMBER

5. OWNERSHIP

b. Discipline

c. No. of Employees

10. PROFILE OF FIRM'S EXPERIENCE

AND ANNUAL AVERAGE REVENUE FOR LAST 5 YEARS

b. Experience

c. Revenue Index

Number (see below)

STANDARD FORM 330 (6/2004) PAGE 6

1. SOLICITATION NUMBER (If any)

8a. FORMER FIRM NAME(S) (If any) 8b. YR. ESTABLISHED

9. EMPLOYEES BY DISCIPLINE

Total

(1) FIRM (2) BRANCH

1. Less than $100,000

2. $100,00 to less than $250,000

3. $250,000 to less than $500,000

4. $500,000 to less than $1 million

5. $1 million to less than $2 million

11. ANNUAL AVERAGE PROFESSIONAL

SERVICES REVENUES OF FIRM

FOR LAST 3 YEARS

(Insert revenue index number shown at right)

7. NAME OF FIRM (If block 2a is a branch office)

6a. POINT OF CONTACT NAME AND TITLE

6c. E-MAIL ADDRESS

8c. DUNS NUMBER

a. Federal Work

b. Non-Federal Work

c. Total Work

12. AUTHORIZED REPRESENTATIVE

The foregoing is a statement of facts.

b. DATE

c. NAME AND TITLE

a. Function Code

a. Profile Code

6b. TELEPHONE NUMBER

a. TYPE

b. SMALL BUSINESS STATUS

PROFESSIONAL SERVICES REVENUE INDEX NUMBER

6. $2 million to less than $5 million

7. $5 million to less than $10 million

8. $10 million to less than $25 million

9. $25 million to less than $50 million

10. $50 million or greater

Other Employees

AUTHORIZED FOR LOCAL REPRODUCTION

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 Brief Description of Services/Supplies B-2 Consideration/Payment/Price B-3 Contract Schedule Modification Effected by Option Exercise B-4 Contract Minimum Guarantee

SECTION C - DESCRIPTION/SPECIFICATIONS/ STATEMENT OF WORK

C-1 – Scope of Work

SECTION D-PACKAGING AND MARKING

D-1 Marking Instructions for Reports D-2 Payment of Postage and Fees

SECTION E - INSPECTION AND ACCEPTANCE

E-1 - Inspection and Acceptance E-2 FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

SECTION F - DELIVERIES OR PERFORMANCE

F-1 FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998) F-2 – Period of Performance F-3 Delivery Information F-4 Delivery Orders

SECTION G - CONTRACT ADMINISTRATION DATA

G-1 Contracting Officer’s Technical Representative (COTR) G-2 Technical Guidance G-3 HHSAR 352.242-70 Key Personnel (January 2006) G-4 Placing and Processing of Orders G-5 Contract Administration G-6 Invoice Submission G-7 Reporting Matters Involving Fraud, Waste, and Abuse G-8 Property, Equipment, Supplies, Facilities, Personnel and Services

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998) H-2 FDA 1335 Personnel Security Clearance Requirements H-3 HHSAR 352.242-71 Tobacco-Free Facilities (January 2006) H-4 FDA 1409 Subcontracting and Subcontractors H-5 Government Inspectors H-6 Advance Understandings H-7 Construction Documents H-8 Government Rights (Unlimited) H-9 FDA Clause 1419 - Designation of Task Order/Delivery Order Ombudsman

PART II CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I-1 FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

I-2 FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

I-3 FAR 52.216-18 Ordering (OCT 1995) I-4 FAR 52.216-19 Order Limitations (OCT 1995) I-5 FAR 52.216-22 Indefinite Quantity (OCT 1995)

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

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SECTION J - LIST OF ATTACHMENTS

Attachment J-1 -Technical Requirement for Architectural Attachment J-2 -Technical Requirement for Mechanical/Electrical Engineering Attachment J-3 -Standard Form LLL, “Disclosure of Lobbying Activities” Attachment J-4 -FDA Form 3391, “Security Card Access Request” Attachment J-5 -FDA Form 3398 “Contractor commitment to protect non-public information” 36

PART IV - RESPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

K-1 FAR 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) K-2 FAR 52.204-8 Annual Representations and Certifications (FEB 2009)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

L-1 FAR 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) L-2 FAR 52.216-1 Type of Contract (APR 1984) L-3 FAR 52.233-2 Service of Protest (SEPT 2006) L-4 General Proposal Instructions L-5 Cost of Proposal Preparation L-6 Non-segregated Facilities L-7 Telegraphic and Facsimile Proposals

SECTION M - EVALUATION FACTORS FOR AWARD

M-1 Evaluation Factors for Award M-2 Award

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PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 Brief Description of Services/Supplies

This requirement is being procured in accordance with the Brooks A - E Act as implemented in FAR 36.6 and selection will be non-project specific. Firms will be selected for negotiation, if necessary, based on demonstrated competence and qualifications for the required work. The project is at the FDA’s National Center for Toxicology Research (NCTR) at the Jefferson Laboratories Campus in Jefferson Arkansas.

This is a Indefinite Delivery/ Indefinite Quantity (IDIQ) contract type for architectural/mechanical/electrical design contract obligating the contractor to provide all pre-design, design and post-design services delineated and referenced in this contract. Delivery Orders (DOs) will be firm fixed price and issued describing specific work requirements and their negotiated costs.

The contract will require multiple disciplines as described herein on projects conceived to repair, improve and remodel buildings, utilities, electrical energy audits, HVAC projects and other facilities. Asbestos removal and disposal may be included in some of these projects as a part of the demolition process.

This contract may include, but is not limited to: reports-planning and programming; studies;

investigations; site selection; design concepts; drawings; specifications; review of shop drawings, samples, equipment, data and other documents related to construction administration.

The government prefers one award but if determined to be in the best interest of the government two separate awards may be made. If the most highly rated firms cannot perform both the architectural and/or mechanical/electrical requirements then two separate awards may be awarded if it is determined to be in the government’s best interest for 1) architectural design and

2) mechanical/electrical design. The award of this contract will be made to the highest rated contractor offering fair and reasonable prices in accordance with terms and conditions of this notice and the evaluation factors set forth in Section M.

If two awards are made, the government will determine which contract individual delivery orders will go to based on the majority of the required work. For example if most of the work in a delivery order is for architectural with a small percentage of mechanical/electrical then the delivery order will go to architectural contract and vice versa.

The Government is also interested in receiving responses from A&E firms for either: a) Architectural Design Requirement or b) Mechanical/Electrical Engineering Design Requirement.

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B-2 Consideration/Payment/Price

a. Consideration

The maximum aggregate amount payable under this contract shall not exceed $7,000,000.00 for the possible five (5) year performance period, with an estimated yearly amount of $1,400,000.00.

The not-to-exceed amount is the maximum amount allowed under this contract but is not intended to imply that it is an estimate of the total services that will be required. The one-time guaranteed minimum order amount for the entire five-year period is $1,000.00.

b. Payment will be made in accordance with the provisions of clause FAR 52.232-10 entitled” Payments under Fixed-Price Architect-Engineer Contracts (Apr 2010)”, on presentation of a proper invoice and after acceptance of each deliverable/item specified in each Delivery Order

(DO).

Travel Expenses- Travel rates will be subject to the provisions of the Federal Travel Regulations in effect at the time of delivery order negotiations. Trips in excess of the approved number set forth in each DO will be at the Contractor’s expense. The contractor shall identify the estimated travel requirements by number, purpose and amount of time with the submission of each proposed DO.

Change Orders – The negotiated burdened hourly labor rates shall be used in negotiations of all change orders or contract modifications.

Direct Expenses- The FDA shall reimburse the contractor as direct expense, without markup for overhead or profit for:

-Transportation cost of documents delivered at the FDA request by other than parcel post delivery.

-All permits and licenses procured for the FDA.

-Document reproduction that is in addition to that required by each DO.

B-3 Contract Schedule Modification Effected by Option Exercise

Upon execution of an option year, an additional twelve (12) months shall be added to the contract period of performance.

B-4 Contract Minimum Guarantee

As referred to in paragraph (b) of FAR 52.216- 22, INDEFINITE QUANTITY clause, the contract minimum quantity is $1,000. Should the Government fail to place orders totaling the amount of the contract minimum quantity, the provisions of Clause 52.249-2 entitled, Termination for Convenience of the Government” shall apply to the unordered amount of the contract minimum quantity.

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SECTION C - DESCRIPTION/SPECIFICATIONS/ STATEMENT OF WORK

C-1 – Scope of Work

Independently and not as an agent of the Government, the Contractor shall provide the various disciplines, including but not limited to: architectural, mechanical, electrical, structural, civil, interior design, estimating, and construction management, materials, services, facilities and otherwise do all things necessary for or incident to the performance of the work set forth herein and in Attachment No. J-1, Technical Requirements for Architectural and Attachment No. J-2, Technical Requirement for Mechanical/Electrical Engineering in Part II to this contract Section J- List of Attachments.

The contractor will be required to use multiple disciplines as described below on projects conceived to repair, improve and remodel buildings, utilities, electrical energy audits, HVAC projects and other facilities. Asbestos removal and disposal may be included in some of these projects as a part of the demolition process.

The Architect-Engineer (A/E) shall provide all professional services to cover a wide range of architectural and engineering services including furnishing architectural, interior design, structural, civil, mechanical, electrical, electrical energy audits, HVAC projects and engineering services for the performance of planning, programming, surveys, studies, investigations, review of shop drawings, samples and equipment, and the preparation and development of reports, working drawings, specifications, cost estimates, other related documents and construction administrative services, but are not limited to: Preparation and development of Environmental Assessment (EA), Preparation and development of the project’s Program of Requirements (POR), Preparation and development of diagrammatic (Conceptual) Design, Preparation and development of construction documents, sometimes in multiple packages for phased construction to include drawings, specifications, cost estimates, design analysis and calculations and other related documents, Performance of topographical survey services, Performance of geotechnical engineering services, Preparation of renderings and/or models, provide a full range of post design services, and Performance of other services that may be required.

The firm will be responsible for cost concepts to be employed during study and design phases of specific delivery order projects include life-cycle cost, design-to-cost, value engineering. The design firm shall select the product and/or system after performing a life cycle cost analysis.

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SECTION D-PACKAGING AND MARKING

D-1 Marking Instructions for Reports

All information submitted to the Contracting Officer or to the Contracting Officer’s Technical Representative (COTR) shall clearly indicate on each shipment its organization name, contract number and the delivery order number.

D-2 Payment of Postage and Fees

All postage and fees related to distribution of deliverable including forms, reports, etc., shall be paid by the Contractor. Except as noted in Section B-2 above.

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SECTION E - INSPECTION AND ACCEPTANCE

E-1 - Inspection and Acceptance

The Government, through any authorized representative, has the right, at all reasonable times, to inspect, or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made by the Government on the premises of the Architect or a subcontractor, to provide all reasonable facilities and assistance for the safety and convenience of the Government representative in the performance of their duties. All inspections and evaluations shall be performed in such manner as will not unduly delay the work.

Pursuant to the appropriate inspection clause as provided below, final inspection and acceptance of all items called for by this contract shall be made by the FDA Contracting Officer at the Food and Drug Administration, National Center for Toxicological Research (NCTR), Office of Acquisition & Grants Services, HFT-320, 3900 NCTR Road, Jefferson, Arkansas 72079-9502.

E-2 FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

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

[ http://www.acqnet.gov/FAR ]

FAR

Clause No. Title and Date

FAR 52.246-4 Inspection of Services - Fixed Price (AUG 1996)

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SECTION F - DELIVERIES OR PERFORMANCE

F-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. Also, the full text of a clause may be accessed electronically at this/these address (es):

[ http://www.acqnet.gov/FAR ]

FAR

Clause No. Title and Date

52.242.14 Suspension of Work (APR 1984)

F-2 – Period of Performance

The contract period of performance is for one (1) year to be identified at time of contract award plus four 1-year options. The aforementioned period of performance terms for the options shall apply only if the Government exercises the option in accordance with FAR 52.217-9.

If the option is exercised, the period of performance of the contract could potentially range from September 1, 2010 through Option Year 4, ending August 31, 2015. This is an estimated date only.

A period of performance will be specified for each individual delivery order.

F-3 Delivery Information

Unless otherwise specified, all contract deliverables shall be delivered to:

FDA/NCTR

Nick Sartain 3900 NCTR Road Building 50, Room 422 Jefferson, AR 72079.

F-4 Delivery Orders

Delivery orders may be issued by the Government for a period of one (1) year from the date of contract award and the period of any option periods exercised. Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time period specified in the order.

The effective period for delivery of orders under this contract begins on the date of contract award and ends on the date following the date of final payment under this contract.

Proposals for DOs shall be submitted within fourteen (14) calendar days after receipt of the statement of work (SOW). If additional time is needed the contractor shall request additional

10-223-SOL-00046 15 of 129 time within three (3) calendar days after receipt of the SOW. Proposals shall include: (1) a schedule of performance; (2) a staffing plan including estimated manhours by labor category.

Multiple delivery orders may be awarded with similar completion schedules and overlapping delivery dates. Specific projects, as they are approved, will be accomplished by the negotiation and issuance of individual fixed-price delivery orders. When agreement has been reached with respect to the services to be performed, the fee and time for completion, the Government shall execute the delivery order on an OF 347 reflecting all terms and conditions agreed upon for each

DO.

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SECTION G - CONTRACT ADMINISTRATION DATA

G-1 Contracting Officer’s Technical Representative (COTR)

The Contracting Officer’s Technical Representative (COTR) responsible for the acceptance of work provided hereunder will be designated by separate correspondence. The term ‘‘COTR’’ means the person who monitors the technical aspects of contract performance. The COTR is not authorized to issue any instructions or directions which cause any increase or decrease in the scope of work which would result in the increase or decrease in the price of this contract, or changes in the delivery schedule or period of performance of this contract. If applicable, the COTR is not authorized to receive or act upon any notification or revised cost estimate provided by the Contractor in accordance with the Limitation of Cost or Limitation of Funds clauses of this contract.

G-2 Technical Guidance

A. Performance of the work under this contract shall be subject to the technical Guidance of the Contracting Officer’s Technical Representative (COTR). The term "technical guidance" is defined to include the following:

1. Providing information to the Contractor for assistance in the interpretation of drawings, specifications, or technical portions of the work description, other technical performance requirements; and

2. Review and, where required by the contract, approval of technical reports, drawings, specifications, and technical information to be delivered by the Contractor to the Government under the contract;

3. Perform technical evaluation as required;

4. Perform technical inspections and acceptances required by this contract; and

5. Assisting in the resolution of technical problems encountered during performance.

B. Technical guidance must be within the general scope of work stated in the contract. The COTR does not have the authority to, and may not, issue any technical direction which (1) constitutes an assignment of additional work outside the general scope of the contract; (2) constitutes a change as defined in the contract clause entitled "Changes," (3) in any manner causes an increase or decrease in the total contract price; or (4) changes any of the expressed terms, conditions, or specifications of the contract.

C. All technical guidance shall be issued in writing by the COTR or shall be confirmed by him/her in writing within five (5) working days.

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D. The Contractor shall proceed promptly with the performance of technical guidance duly issued by the COTR in the manner prescribed by this clause and within his/her authority under the provisions of this clause.

E. If, in the opinion of the Contractor, any instruction or direction issued by the COTR is within one of the categories as defined in B.(1) through B.(4) above, the Contractor shall not proceed but shall notify the Contracting Officer, in writing, within five (5) working days after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the Contractor, in writing, that, in his/her opinion, the technical directions are within the scope of this clause and do not constitute a change under the "Changes" clause of the contract. The Contractor shall thereupon proceed immediately with the direction given. Any failure of the parties to agree upon the nature of the instruction or direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the contract clause entitled "Disputes."

The Contractor shall contact the FDA's COTR (to be designated under separate correspondence) prior to delivery to arrange for the following:

Access to the Facility

G-3 HHSAR 352.242-70 Key Personnel (January 2006)

The key personnel specified in this contract are considered to be essential to work performance.

At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the contractor or Government.

The individuals cited below are key personnel.

Name Title

Project Manager/Engineer or Architect

Lead Electrical Engineer

Lead Mechanical Engineer

Lead Architect

(End of clause)

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G-4 Placing and Processing of Orders

a. Authorized Ordering Activities: The following activity(ies) or individual(s) is/are designated as Ordering Officers under this contract:

1) Any Contracting Officer of the U.S. Food and Drug Administration-Office of Acquisitions and Grants Services (OAGS); subject to the limitations contained in their respective contracting officer warrants (SF 1402, Certificate of Appointment).

2) Others as authorized in writing by the Contracting Officer.

b. Content of Order: Each delivery order placed under this contract shall include the following minimum information:

1. The contract number, delivery order number, and data of order.

2. Description of the service to be provided.

2. Applicable accounting and appropriation data, and special invoicing instructions where applicable.

Additional Information can include:

1. Item number and description, quantity and unit price.

2. Cost and hours (as negotiated), extended amounts, fee (if applicable,) total estimated amount, and reporting requirements.

3. Delivery or performance date.

4. Place of delivery or performance (including consignee). Packaging, packing, and shipping instructions, if any.

6. Such other terms and conditions as may be pertinent and peculiar to the particular tasks thereby ordered.

7. Individual orders will reflect the requirement of particular circumstances as applicable. Urgent orders will cite peculiar terms and requirements.

c. Pricing of Orders: The Contractor warrants that the prices charged under this contract shall not exceed the costs charged by the Contractor to its most favored customers for like items or services under comparable conditions.

G-5 Contract Administration

a. Administrative Contracting Officer Nick Sartain, Contract Specialist 3900 NCTR Road

HFT-320

Jefferson, AR 72079 Phone: 870-543-7370 Email: Nick.sartain@fda.hhs.gov

b. Contractor’s Point of Contact

To Be Completed at Award

c. Technical Point of Contact

To Be Completed at Award

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G-6 Invoice Submission

The Contractor shall submit vouchers or invoices in accordance with the following instructions:

A. In accordance with FAR 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003), all payments made under this contract shall be made using electronic funds transfer through the Automated Clearing House (ACH). The Contractor shall provide the following information to the Food and Drug Administration, OAGS, HFT-320, 3900 NCTR Road, Jefferson, AR 72079-9502 on each invoice submission:

B. An original and two (2) copies shall be submitted to the attention of the designated Contract Specialist at the following address:

Department of Health and Human Services Food and Drug Administration National Center for Toxicological Research Attention: Nick Sartain, Contract Specialist Office of Acquisitions & Grants Services, HFT-320 3900 NCTR Road Jefferson, AR 72079-9502

Or email: nick.sartain@fda.hhs.gov C. To constitute a proper invoice, the Contractor must submit the invoice on company letterhead and include:

(i) Name and address of the contractor;

(ii) Invoice date and invoice number;

(iii) Contract number;

(iv) Description, quantity, unit of measure, unit price and extended price supplies delivered or services performed;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent (must be the same as that in the Contract or in a proper notice of assignment);

(viii) Name, title, and phone number of person to notify in event of defective invoice;

(ix) Taxpayer identification number (TIN).

(x) Electronic funds transfer (EFT) banking information.

(xi) Name and telephone number of the FDA Contracting Officer’s Technical Representative referenced on the contract; and

(xii) Any other information or documentation required by the Contract

G-7 Reporting Matters Involving Fraud, Waste, and Abuse

Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in FDA funded programs is encouraged to report such matters to the HHS Inspector Generals

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Office in writing or on the Inspector General’s Hotline. The toll free number is 1-800-HHS-TIPS (1-800-447-8477). All telephone calls will be handled confidentially. The email address is HHStips@oig.hhs.gov and the mailing address is:

Office of Inspector General Department of Health and Human Services Attn: HOTLINE 330 Independence Avenue, S.W.

Washington, D.C. 20201

Information regarding procedural matters is contained on the HHS/OIG website at http://oig.hhs.gov/hotline.html

G-8 Property, Equipment, Supplies, Facilities, Personnel and Services

Except as otherwise specifically provided herein, all property, equipment, supplies, facilities, personnel and services required to perform the work called for shall be furnished by the Contractor.

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-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. Also, the full text of a clause may be accessed electronically at this/these address (es):

[ http://www.acqnet.gov/FAR ]

FAR

Clause No. Title and Date 52.236-22 Design Within Funding Limitations (APR 1984) 52.236-23 Responsibility of the Architect – Engineer Contractor (APR 1984) 52.236-24 Work Oversight in Architect – Engineer Contracts (APR 1984) 52.236-25 Requirements for Registration of Designers (JUN 2003)

H-2 FDA 1335 Personnel Security Clearance Requirements

1. BACKGROUND

The Office of the Assistant Secretary for Management and Budget, Department of Health and Human Services (DHHS), requires that all DHHS employees and contractor employees (including subcontractors) who will be working in a DHHS-owned or leased space and/or who will have access to DHHS equipment, and non-public privileged, proprietary, or trade secret information, undergo a background investigation of some type.

Contractor employees who will be in DHHS-owned or leased space for less than thirty (30) days are exempted from the background investigation requirement. These contractor employees must be escorted at all time while in DHHS-owned or leased space.

2. GENERAL

The contractor shall submit the following items to the Contracting Officer, ten (10) calendar days prior to commencement of work under this contract:

a. Certification that all required security form packets and a list of contractor employees names for whom the requisite security information has been provided to Division of Security Operations, Policy and Planning, Personnel Security Staff.

b. “Contractor’s Commitment to Protect Non-public Information Agreement” forms signed by each employee named in paragraph a. above.

With the exception of costs associated with fingerprinting Contractor employees outside of the FDA Personnel Security Office, the Government will conduct all required background investigations at no cost to the contractor. The cost of fingerprinting Contractor employees at any location other than the FDA Personnel Security Office will be borne by the Contractor.

Contractor employees shall obtain security badges in order to access to DHHS-owned or leased property without an escort. (See Section 3 for details on the badging process). However, in the event that work must commence before security badges can be issued, contractor employees will be allowed onto DHHS-owned or leased property, but must be escorted at all times.

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All Contractor employees who undergo a background investigation are required to log onto the Office of Personnel Management’s (OPM’s) Electronic Questionnaire for investigation Processing (e-QIP) system to complete the forms necessary to initiate their background investigations. The forms required vary with the position risk levels for the contract.

The position risk levels for this contract are Level 5.

There are two (2) potential position risk levels, which are:

a. Non-Sensitive Positions (Level 1) (SEE CHART A) – Positions which involve the lowest degree of adverse impact on the efficiency of the Agency. The impact involving the duties are of limited effect. The forms set forth by CHART A are required for Non- Sensitive Positions (Level 1). Contractor employees assigned to Level 1 who receive a favorable preliminary check will be required to provide additional security information for a background investigation as specified in Paragraph 5 below.

b. Public Trust Positions (Levels 5 or 6) (SEE CHARTS B) – Positions in which the incumbent’s actions or inaction could diminish public confidence in the integrity, efficiency, or effectiveness of assigned Government activities, whether or not actual damage occurs. The forms set forth by CHARTS B are required for Public Trust Positions (Levels 5 or 6). Contractor employees assigned Levels 5 or 6 must receive a preliminary check as well as a background investigation.

In order to access the e-QIP system, Contractor employees must provide the appropriate Personnel Security Specialist with the following information: (a) full name; (b) position title; (c) social security number; (d) date of birth; (e) place of birth; (f) email address; and (g) phone number. The Personnel Security Specialist will use this information to initiate each Contractor employee into the e-QIP system. Once this is done, each Contractor employee will receive an email that contains a web link to access the e-QIP system, as well as instructions and additional forms needed to initiate the suitability background investigation. The COTR for the contract will provide the name of the appropriate Personnel Security Specialist to the Contractor.

A Contractor’s failure to comply with the e-QIP processing guidelines will result in the Contractor’s employees being denied access to FDA property until all security processing has been completed.

3. BADGING PROCESS

The FDA COTR will sponsor Contractor employees on the FDA Form 3391 for the purpose of obtaining an FDA Security Access Card. In order to obtain one, a contractor employee must receive a “favorable” fingerprint return. Fingerprints must be submitted to the Personnel Security Officer at least ten (10) days prior to the commencement of work. Fingerprints will be submitted in one of two ways, depending on where the contract will be performed.

a. Contractor employees who will work in the Washington D.C. metro area will, at the direction of the FDA COTR or his/her designee, contact the Personnel Security Branch to schedule a fingerprinting appointment, or

b. Contractor employees who will work on the National Center for

Toxicological Research facility shall contact the following to arrange for fingerprinting:

Food and Drug Administration National Center for Toxicological Research

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Safety Office, Building 50, Room 304 3900 NCTR Road Jefferson, AR 72079

Upon the receipt of a “favorable” fingerprint return, each Contractor employee must present two forms of identification in order to receive his or her badge. One form of identification must be a government-issued photo identification document. Acceptable forms of photo identification are referenced on the FDA Form 3391. Acceptable forms of secondary identification are listed on the back of the I-9 Form. This form can be obtained at http://uscis.gov/graphics/formsfee/forms/files/i-9.pdf An individual who receives an unfavorable report may appeal that finding by submitting a written request to the Personnel Security Staff.

4. BACKGROUND INVESTIGATIONS

The Government shall conduct an additional background investigation for those individuals named to risk levels 1, 5, and 6 serving under this contract.

Required background investigations may include, but not be limited to:

• Review of prior Government/military personnel records;

• Review of FBI records and fingerprint files;

• Searches of credit bureaus;

• Personal interviews; and

• Written inquires covering the subject’s background.

Background investigations will be conducted by the Office of Personnel Management (OPM).

The Contractor is responsible for ensuring that the integrity of contract performance is maintained pending completion of all appropriate background investigations of contractor employees.

The Contractor shall submit the information required for eQIP access and other requisite forms for the risk level(s) specified. In addition, the contractor shall provide a cover letter which includes: the Contractor’s name, the contract number, the name of the Contracting Officer administering the Contract, the names of all Contractor employees’ for whom a background check is required and those employees’ social security numbers, dates of birth, and former names. This cover letter and all completed forms shall be transmitted, in a separate sealed envelope marked, “TO BE OPENED BY ADDRESSEE ONLY,” to:

Food and Drug Administration National Center for Toxicological Research Safety Office, Building 50, Room 304 3900 NCTR Road Jefferson, AR 72079

The Contractor shall send a separate letter to the Contracting Officer that includes the contract number and employee names.

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The Contractor shall advise its prospective employees that all standard forms submitted to the FDA will be forwarded to the Office of Personnel Management (OPM) for scheduling background investigations.

Personnel Security Staff will resolve with the contract employee any issues arising out of inaccurate or incomplete forms.

Employees who have been previously granted a Government security clearance shall advise Personnel Security Staff of the details of such clearances to determine if a previous clearance level is suitable for the current FDA position.

At any time, if a contractor employee for whom security forms have been submitted is terminated or otherwise ceases work under the contract, the contractor shall immediately notify Personnel Security Staff, in writing, with copies to the respective FDA Project and Contracting Officers.

The OPM background investigation will take approximately 120 days. The Contracting Officer will notify the Contractor in writing if an employee is denied a clearance. Those individuals who have been cleared by Personnel Security Staff may continue to work under the contract.

Those who are not cleared must cease work on the contract immediately.

If a Contractor employee changes job responsibilities under this contract, the contractor shall notify the Contracting Officer, and the Government will make a determination whether an additional security clearance is required.

In the event that a cleared individual is replaced, the contractor shall notify the Contracting Officer and comply with all requirements of this clause, as specified herein, prior to the commencement of work by the replacement individual.

The Contractor shall be responsible for the return of any Government issued security badges to the COTR.

5. NON-PUBLIC DATA PROTECTION

The Contractor shall protect the privacy of all information reported by or about contract employees and shall protect against unauthorized disclosure

Charts A & B attached.

For clarification purposes and to facilitate the flow of all required security forms, the following matrix is provided:

CHART A

Mandatory for all on-site contract employees

NON-SENSITIVE POSITIONS

- LEVEL 1

FORM NAME

OBTAIN

FROM

WHEN REQUIRED SUBMIT

TO

DATE REQUIRED

FDA Form 3391 - FDA Security Card Access Request

COTR. Sponsorship must be provided by

FDA COTR.

All positions on DHHS property or leased space

Food and Drug Administration Office of Security Operations, Policy & Planning Attn: Food and Drug Administration

National Center for Toxicological Research

Safety Office, Building 50, Room 304

Form must be received prior to making fingerprint appointment.

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3900 NCTR Road

**Form must be submitted by Security

Rep.

Contractor’s Commitment to

Protect Non-Public Information (NPI) Agreement form

Contracting Officer All positions with access to non-public privileged, proprietary, or trade secret information

If requested by the government

Contracting Officer for retention in contract file

Ten (10) calendar days prior to commencement of work

Listing of all contractor employee names, social security #s, gender, dates of birth, former names, and a completed Fair Credit Reporting Act Release

Contractor generated All positions, including intermittent, per diem or

Temporary

When Requested by

* Food and Drug Administration Attn: Food and Drug Administration

National Center for Toxicological Research

Safety Office, Building 50, Room 304 3900 NCTR Road

Jefferson, AR 72079 870-543-7193, -7941

Ten (10) calendar days prior to commencement of work

SF 85 - Questionnaire for Non- Sensitive Positions

Online via OPM’s e- QIP system

For Non U.S. Citizens only

Non-Sensitive Positions - Level 1 Clearance

*Submit to OPM online via the e-QIP system

Ten (10) calendar days upon request of the Contracting Officer

FD 258 - Fingerprint Chart (2 Charts Required)

Fingerprinting services available by appointment only.

Call (870) 543-7193

Contracting Officer Non-Sensitive Positions - Level 1 Clearance

When Requested by government

* Food and Drug Administration Attn: Food and Drug Administration

National Center for Toxicological Research

Safety Office, Building 50, Room 304 3900 NCTR Road

Jefferson, AR 72079 870-543-7193, -7941

Ten (10) calendar days prior to commencement of work

*In addition to the submission of these forms, the contractor shall provide a cover letter that includes: contractor’s name, contract number, contractor employees’ names, and name of

Contracting Officer.

*Upon favorable fingerprint return, contractor will be notified to respond to the badging office for their building pass.

Food and Drug Administration

Attn: Food and Drug Administration National Center for Toxicological Research

Safety Office, Building 50, Room 304 3900 NCTR Road

Jefferson, AR 72079 870-543-7193, -7941

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CHART B

Public Trust Positions - Levels 5 or

FORM NAME

OBTAIN

FROM

WHEN REQUIRED SUBMIT

TO

DATE

REQUIRED

SF 85P - Questionnaire for Public Trust Positions

Online via OPM’s e-QIP system

For non U.S. Citizens only

Public Trust Positions - Level 5 or 6 Clearance

*Submit to OPM online via the e-QIP system

Ten (10) calendar days prior to commencement of work

FD 258 - Fingerprint Chart (2 Charts Required)

Fingerprinting services available by appointment only.

Call (301) 827-9527

Contracting Officer Public Trust Positions - Level 5 or 6 Clearance

When requested by the

* Food and Drug Administration Attn: Food and Drug Administration

National Center for Toxicological Research Safety Office, Building 50, Room 304

3900 NCTR Road Jefferson, AR 72079 870-543-7193, -7941

Ten (10) calendar days prior to commencement of work

FDA Form 3391 - FDA Security Card Access Request

COTR.

Sponsorship must be provided by FDA

COTR.

All positions on DHHS property or leased space

Food and Drug Administration

OC/OCM/OSOPP

Office of Security Operations, Policy & Planning

Attn: Personnel Security Branch 5600 Fishers Lane

PKLN 15A-22, HFA-640

Rockville, MD 20857

**Form must be submitted by Security Rep.

Form must be received prior to making fingerprinting appointment.

Contractor’s Commitment to Protect Non-Public Information

(NPI) Agreement form

Contracting Officer All positions with access to non-public privileged, proprietary, or trade secret information

Contracting Officer for retention in contract file

Ten (10) calendar days prior to commencement of work

Listing of all contractor employee names, social security #s, gender, dates of birth, former names, and a completed Fair Credit Reporting

Act Release

Contractor generated All positions, including intermittent, per diem or temporary

*Food and Drug Administration

OC/OCM/OSOPP

Office of Security Operations, Policy & Planning

Attn: Personnel Security Branch 5600 Fishers Lane

PKLN 15A-22, HFA-640

Rockville, MD 20857

(301) 827-5502, -5521, -5507, -5508

Ten (10) calendar days prior to commencement of work

*In addition to the submission of these forms, the contractor shall provide a cover letter that includes: contractor’s name, contract number, contractor employees’ names, and name of

Contracting Officer.

*Upon favorable fingerprint return, contractor will be notified to respond to the badging office for their building pass.

Food and Drug Administration

Attn: Food and Drug Administration National Center for Toxicological Research

Safety Office, Building 50, Room 304 3900 NCTR Road

870-543-7193, -7941

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H-3 HHSAR 352.242-71 Tobacco-Free Facilities (January 2006)

In accordance with Department of Health and Human Services (HHS) policy, the Contractor and its staff are prohibited from using tobacco products of any kind (e.g., cigarettes, cigars, pipes, and smokeless tobacco) while on any HHS property, including use in personal or company vehicles operated by Contractor employees while on an HHS property. This policy also applies to all subcontracts awarded under the contract or order. The term ‘‘HHS properties’’ includes all properties owned, controlled and/or leased by HHS when totally occupied by HHS, including all indoor and outdoor areas of such properties. Where HHS only partially occupies such properties, it includes all HHS-occupied interior space. Where HHS leases space in a multi-occupant building or complex, the tobacco-free HHS policy will apply to the maximum area permitted by law and compliance with the provisions of any current lease agreements. The Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understand, and comply with this policy.

(End of clause)

H-4 FDA 1409 Subcontracting and Subcontractors

A. Selection of Subcontractors. Unless otherwise specified, the Contractor and each subcontractor shall be free to select their subcontractors. Each Subcontractor must be capable of satisfactorily performing all work Subcontracted to it or of Subcontracting, in turn, those portion(s) of the work which it cannot perform to someone who is.

When there is Subcontracting, the Contractor must submit, or require the submission of, the following to the Contract Specialist:

1. The name and address of each subcontractor;

2. A detailed description of the work covered by each Subcontractor; and

3. A statement that the subcontractor has adequate resources and is capable of performing the work.

When required by the Contracting Officer, the Contractor shall submit for approval the names and addresses of any firms to be employed as subcontractors by the prime Contractor or any subcontractors.

B. Copies of subcontracts. No Subcontractor will be allowed to perform any work on the project site until the following condition, in addition to those in Paragraph A. above, have been met by the Contractor:

1. A copy of the subcontract entered into, describing the work to be performed on the project site, has been furnished to the Contracting Officer; and

2. The subcontract contains Paragraphs (b)(i) through (b)(ii) of clause 52.222-26, Equal Opportunity.

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(These requirements pertain to all subcontracts, no matter what tier of relationship they have to the prime Contractor, except that the Equal Opportunity clause is not required to be included in subcontracts of $10,000 or less.)

C. Contractor's responsibility for a Subcontractor. The Contractor shall be responsible for the acts of all Subcontractors and their employees while performing work at the project site, regardless of the subcontractor’s contractual relationship to the Contractor. The Contractor shall cause to be removed from the work at the project site any Subcontractor or employee thereof whom the Contracting Officer, in writing, finds to be incompetent, careless or otherwise objectionable.