10-223-SOL-00202.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

HFT-323

3900 NCTR ROAD

Nick Sartain

OAGS - ACQUISITION SERVICES

DHHS/FDA/OA

NCTR CODE 16. ADMINISTERED BYCODE

X

X

X

541990

SIZE STANDARD:

100.00% FOR:SET ASIDE:UNRESTRICTED OR

HFA-323

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/12/2010 1300 CT

07/20/2010

NICHOLAS SARTAIN

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

10-223-SOL-00202

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEM 1. REQUISITION NUMBER PAGE OF

1 20 1073338OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

JEFFERSON AR 72079

TELEPHONE NO.

17a. CONTRACTOR/

JEFFERSON AR 72079

3900 NCTR ROAD

Nick Sartain

15. DELIVER TO

JEFFERSON AR 72079

3900 NCTR ROAD

Nick Sartain

OAGS - ACQUISITION SERVICES

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$7.0

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

HUBZONE SMALL

BUSINESS

EMERGING SMALL

BUSINESS

8(A)

DHHS/FDA/OA

SOLE SOURCE

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This is a solicitation for commercial items prepared in accordance with the Federal Acquisition Regulation (FAR) format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested. This requirement is being issued in conjunction with FAR 13.5 Test Program for Certain Commercial Items, as applicable.

The solicitation document and incorporated (Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDEND

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS

NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 3/2005) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

provisions and clauses are those in effect through Federal Acquisition Circular (FAC)

2005-44.

The associated North American Industry

Classification System (NAICS) Code is-541990-

All Other Professional, Scientific and Technical

Services; Small Business Size Standard is $7.0

Million and is set-aside for small business concerns.

This contract does not obligate any funds. FDA will issue task orders to purchase the required services as specified in the contract.

1 IDIQ for LEED and commissioning consultant services for Jefferson Labs NCTR.

Period of Performance: 09/15/2010 to 09/14/2015

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

20 2 of

Section B Continuation of any block from SF 1449

B-1 Continuation to block 18a, SF-1449.

An original invoice shall be submitted to the attention of the designated Contract Specialist for each task order by postal mail or email at the address designated on the designated ordering form.

B-2 Continuation to block 19-24, SF-1449

Schedule of Supplies/Services and Price

The Food and Drug Administration is soliciting for an Indefinite Delivery/Indefinite Quantity type contract for Leadership in Energy and Environmental Design (LEED) Commissioning Consultant services. Task Orders (TOs) will be firm-fixed price and issued describing specific work requirements and their negotiated price. The contract will require multiple disciplines and cover a wide range of services for LEED commissioning as described herein. The service provider shall be a U.S. Green Building Council (USGBC) recognized LEED/Commissioning consultant and as such the provider shall implement a LEED rating system. It is anticipated that multiple awards will be made for the master IDIQ contract to the responsible offerors whose proposal, as it conforms to the solicitation requirements, represents the best value to the Government in terms price, relevant experience, past performance and other non-price related factors. As part of the solicitation, offerors will be required to respond to a seed task that will become the first task order issued against the IDIQ contract. That first task order will be issued immediately after the execution of the IDIQ contract is complete. This first task order will be titled: Accomplish LEED Silver Certification for building 10Task Order 1, attachment 1 section D below.

Independently and not as an agent of the Government, the Contractor shall furnish the necessary personnel, materials, services, facilities, equipment and otherwise do all things necessary for or incident to the performance of the work set forth herein, see statement of work in section D below.

Schedule of Items Base Year CLIN Description Amount 0001 LEED Commissioning Consultant Services

The maximum amount for the potential 5 year period of performance is $990,000.00

Option Year 1 CLIN Description 1001 LEED Commissioning Consultant Services

10-223-SOL-00202 3 of 20

Option Year 2

2001 LEED Commissioning Consultant Services

Option Year 3

3001 LEED Commissioning Consultant Services

Option Year 4

4001 LEED Commissioning Consultant Services

(The schedule below will be completed upon contract execution. The fully-burdened hourly labor rates proposed by the Contractor will remain fixed for the duration of the contract and are not subject to change). These rates will serve as the basis for negotiations for any modification to a task order and the contractor will also use these rates when creating proposals for future task orders.)

Year 1 Year 2 Year 3 Year 4 Year 5 Labor Category Rate Rate Rate Rate Rate

B-3 CONTRACT PERIOD OF PERFORMANCE

The contract period of performance shall be 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 date of award estimated at September 15, 2010 through Option Year 4, ending September 14, 2015. This is an estimated date only Item No: Period of Performance-estimated start date may change which will be dependent on award.

Base Year September 15, 2010 – September 14, 2011

10-223-SOL-00202 4 of 20

Option Year 1 September 15, 2011 – September 14, 2012 Option Year 2 September 15, 2012 – September 14, 2013 Option Year 3 September 15, 2013 – September 14, 2014 Option Year 4 September 15, 2014 – September 14, 2015

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

B-4 Minimum/Maximum Quantities

The maximum dollar value for the life of the contract is estimated not to exceed $990,000.00 for the entire 5 year performance period. There is no annual ceiling amount.

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. The maximum quantity shall not be exceeded except as may be provided for formal modification to the contract. Orders may be issued from the effective date of award through the end of the performance period specified above. 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 specified in the order.

B- 5 Scope of Work Overview

The SOW found below of this contract provides a general overview of the various tasks that may be required in the performance of the contract. It is anticipated that there will be multiple task orders with different needs and requirements for LEED commissioning consultant services. Each Request for Task Order Proposal (RFTOP) issued under this contract will identify the Government’s requirement and be sent to each contractor awarded an IDIQ contract for pricing and proposal submission.

The services provider shall be a U.S. Green Building Council (USGBC) recognized LEED/Commissioning Consultant, and as such the provider shall implement a LEED rating system that addresses facility alterations and additions to existing buildings. The system shall also cover innovation in design and operations. The Consultant shall develop and incorporate LEED requirements that could range from early involvement with design projects covering a complete interior demolition and large scale renovation, large or new additions, replacement of roofs, carpet, windows, drywall, etc. The rating system shall cover all usable space and all mechanical, electrical and plumbing upgrades that disrupt usable space at the JLC. The system shall define the minimum characteristics that a project must possess in order to be eligible for LEED certification, and then establish certification. The system shall cover environmental categories such as sustainable sites, water efficiency, energy and atmosphere, material and resources, and indoor and outdoor environmental quality. The system shall define the environmental or human effect of the design, construction, operation, and maintenance of the building (s), such as greenhouse gas emissions, fossil fuel use, toxins and carcinogens, air and water pollutants, indoor and out door environmental conditions. The Consultant shall use a

10-223-SOL-00202 5 of 20 combination of approaches to define impact such as energy modeling, life-cycle assessment, transportation analysis, etc.

The Consultant shall also develop and implement a Commissioning plan per USGBC requirements, develop and incorporate commissioning requirements into the construction documents early in the design process, verify the installation and performance of the systems to be commissioned and complete a summary commissioning report for each project. The Consultant shall also determine the owner’s project requirements, develop and maintain a commissioning plan for use during design and construction and incorporate commissioning requirements into bid documents. Assemble a commissioning team, and prior to occupancy verify the performance of all energy consuming systems. Complete all commissioning reports prior to accepting the commissioned systems.

The consultant’s Commissioning plan shall assist the owner to reduce energy use, lower operating costs, result in fewer contractor call-backs, improve building documentation, contribute to occupants productivity and verification that the systems perform in accordance with the owners project requirements. To achieve these goals the Consultant shall verify that the projects energy related systems are installed and calibrated to perform according to the owner’s project requirements, basis of design and construction documents. The consultant shall have experience in the following areas:

• Energy systems design, installation and operation

• Commissioning planning and process management

• Hands-on field experience with energy systems performance, interaction, start-up, balancing, testing, troubleshooting, operation and maintenance procedures

• Energy systems automation control knowledge

All Consultants provided services shall be based on the most recent USGBC LEED/Commissioning requirements for existing building operations and maintenance and new construction and major renovations rating systems.

B-6 Additional Labor Categories

At any time and throughout the life of the contract, at the request of either the Contractor or the Government, the Contractor may quote additional labor categories, rates and descriptions in addition to the Government labor categories identified in Section B-2 to support the tasks as identified in the SOW. These additional labor categories, rates and descriptions will be negotiated on a case-by-case basis. The additional categories, rates and descriptions quoted, upon determination by the Government that they are necessary for performance and are both fair and reasonable, will be incorporated by modification into the Section B-2 Labor Rate Tables of this contract.

Section C- Contract clauses-

C-1 Addendum to Contract Terms and Conditions-Commercial Items FAR 52.212-4

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

10-223-SOL-00202 6 of 20 available. Also, the full text of a clause may be accessed electronically at this address:

http://www.arnet.gov/far/

52.204-4 Printed or Copied Double-Sided on Recycled Paper.(AUG 2000) 52.204-7 Central Contractor Registration. (APR 2008) 52.232-32 Performance-Based Payments. (JAN 2008)

52.242.15 Stop-Work Order AUG 1989)

52.247-34 F.O.B. Destination (NOV 1991) 52.246-4 Inspection of Services - Fixed Price (AUG 1996)

The following texts have been added to the clauses as follows:

52.216-18 Ordering (OCT 1995) Fill in text as follows:

(a) Such orders may be issued from the effective date of award through end of the effective period of performance.

52.216-19 Order Limitations (OCT 1995) Insert the following text in paragraph:

(a) $3,000.00

(b) (1) $150,000.00, (2) $300,000.00, (3) 5 days.

(d) 5 days

52.216-22 Indefinite Quantity (OCT 1995) Insert the following text in paragraph:

(c) …after the date of final payment under this contract.

52.217-8 Option to Extend Services (Nov 1999) Insert the following text …. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day of contract expiration.

52.217-9 Option to Extend the Term of the Contract. (MAR 2000) Insert the following text in paragraph:

(a) … within 1 day of contract expiration; …. at least 15 days before the contract expires.

(c) … shall not exceed 60 months.

The following HHSAR clauses apply and can be obtained at the following website:

http://farsite.hill.af.mil/VFHHSAR1.htm

352.201-70 Paperwork Reduction Act (January 2006) 352.202-1 Definitions (JAN 2006) 352.203-70 Anti-Lobbying (January 2006) 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations. (OCT 2009) 352.223-70 Safety and Health (January 2006)

10-223-SOL-00202 7 of 20

352.224-70 Privacy Act (January 2006) 352.227-70 Publications and Publicity (January 2006) 352.231-71 Pricing of Adjustments (January 2001) 352.242-73 Withholding of Contract Payments (January 2006)

C-2 Task Order Proposal Procedures

Instructions for Request for Task Order Proposals shall be identified with each individual requirement. The contractor shall submit a proposal within the time specified in the RFTOP, this time will generally be within fourteen (14) calendar days after receipt of the request.

Specific award evaluation criteria and instructions will be provided on each individual task order proposal request. As a minimum, the contractor shall include in its task order proposals:

(1) A schedule of performance;

(2) Technical approach

(3) A staffing plan including estimated man-hours by labor category;

(3) Total firm fixed-price to complete the task.

(4) Any other additional price or technical information requested by the Contracting/ordering Officer.

Multiple task 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 task orders. When agreement has been reached with respect to the services to be performed, the price and time for completion, the Government shall execute the task order on an OF-347 or SF-26 reflecting all terms and conditions agreed upon for each TO.

AUTHORIZED ORDERING OFFICERS

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.

C-3 Delivery/Inspection

FOB Point destination. To be delivered as specified on each individual task order. FOB Point of Delivery for Services and Supplies will be the FDA/NCTR located at 3900 NCTR Road, Jefferson, AR 72079-9502. Payment terms net 30 days after government acceptance. 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.

Standard commercial warranty is required if applicable.

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C-4 Place of Performance The primary place of performance will be at the contractor’s facility. However, the Contractor shall frequently be required to visit the Jefferson Lab Complex to accomplish the work called for by this contract.

C-5 Contract Administration

a. Contracting Officer/Contract Administrator Nick Sartain, Contracting Officer 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 time of award Phone:

Email:

c. Technical Point of Contact The following COTR will represent the Government for the purpose of this contact:

To be completed at time of award Name:

Phone:

Email:

The COTR is responsible for:

(1) Monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements;

(2) Interpreting the statement of work and any other technical performance requirements;

(3) Performing technical evaluation as required;

(4) Performing technical inspections and acceptances required by this contract; and

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

The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to:

(1) Direct or negotiate any changes in the statement of work;

(2) Modify or extend the period of performance;

(3) change the delivery schedule;

(4) Authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or

(5) Otherwise change any terms and conditions of this contract.

The Government may unilaterally change its COTR designation.

10-223-SOL-00202 9 of 20

C-6 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

To be completed at time of contract award

C-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 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

C-8 FDA Clause 1419 - Designation of Task Order/Delivery Order Ombudsman

In accordance with FAR 16.505(b)(5) and HHSAR 316.505(b)(5), the Director, Office of Acquisitions and Grants Services, has been designated as the FDA Ombudsman for task order and delivery order contracts.

Glenda Barfell 5630 Fisher’s Lane, Room 2111 Rockville, MD 20857 Phone: (301) 827-7042 Fax: (301) 827-7101 Email: glenda.barfell@fda.hhs.gov ]

10-223-SOL-00202 10 of 20

C-9 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (JUL 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L.

110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

__ (6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (8) [Reserved] X (9)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (10)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

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__ (iii) Alternate II (Mar 2004) of 52.219-7.

X (11) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (12)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

X (13) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (14) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (15)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged

Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (16) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged

Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (17) 52.219-26, Small Disadvantaged Business Participation Program—

Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-

Aside (May 2004) (15 U.S.C. 657 f).

__ (19) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009)

(15 U.S.C. 632(a)(2)).

X (20) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (21) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010)

(E.O. 13126).

X (22) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (23) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (24) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

X (25) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)

(29 U.S.C. 793).

X (26) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

X (27) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

10-223-SOL-00202 12 of 20

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

__ (ii) Alternate I (DEC 2007) of 52.223-16.

__ (31) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (32)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act

(June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

X (33) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (34) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

__ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (40) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (41) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (43)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

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[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)

(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment

(Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment

(Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this

10-223-SOL-00202 14 of 20 paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110- 252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam

Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)

(29 U.S.C. 793).

(vii) [Reserved]

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C.

351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)

(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226- 6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

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Section D- Any contract documents, exhibits or attachments

Attachment 1 Task Order #1

SOW- Accomplish LEED Silver Certification for building 10

The purpose for this project is to secure a U.S. Green Building Council (USGBC) recognized contractor to prepare and execute a Rating System to accomplish LEED certification at the Silver Level for Building 10, which is located at the Food and Drug Administration’s Jefferson Labs Complex, Jefferson, Arkansas. Building 10 is an existing structure, and is a two story Library facility with an area of 26,000 square feet.

Further, the contractor’s rating system shall define the minimal credits and prerequisites that this project must possess in order to be eligible for LEED Silver certification, and then establish certification at the Silver Level for Building 10 per USGBC requirements.

Each LEED credit and prerequisite has a unique set of documentation requirements that must be completed as a part of the certification application process. While preparing the application the contractor will establish a Project Team that will select the credits it has chosen to pursue and assign the credits to the responsible team members. The project team shall begin to collect information and perform calculations for all credits and prerequisites it has chosen to pursue.

When the necessary documentation has been assembled, the project team will start the application process. Before submitting the application, the project team shall double check each credit and prerequisite to ensure that project details have been entered accurately according to the Green Building Rating System.

The LEED 2009 Green Building Rating System for Existing Buildings: Operations and Maintenance is a set of performance standards for certifying the operations and maintenance of existing commercial or institutional buildings and high-rise residential buildings of all sizes, both public and private. The intent is to promote high performance, healthful, durable, affordable, and environmentally sound practices in existing buildings.

Prerequisites and credits in the LEED 2009 for Existing Buildings: Operations and Maintenance Rating System address seven (7) topics:

• Sustainable Sites (SS)

• Water Efficiency (WF)

• Energy and Atmosphere (EA)

• Materials and Resources (MR)

• Indoor Environmental Quality (IEQ)

• Innovation in Operations (IO)

• Regional Priority (RP)

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LEED 2009 for Existing Buildings: Operations and Maintenance certifications are awarded according to the following scale:

Certified 40-49 points

Silver 50-59 points

Gold 60-79 points

Platinum 80 points and above

The USGBC will recognize buildings that achieve one (1) of these rating levels with a formal letter of certification.

Deliverables:

1. List of Credits and Prerequisites for Silver Certifications

2. All information and calculations for credits and prerequisites

3. All generated reports and technical evaluations

4. Test results

5. Work schedule

6. Copy of LEED application to USGBC

Period of Performance

The period of performance for this task order is not to exceed two (2) years. Offeror’s may propose a shorter time period with their proposal.

This project is complete at the time that the contractor has achieved the LEED Silver Level certification for Building 10, as required by the USGBC for a library facility.

Section E- Solicitation provisions

Contract Type: Commercial Item- Simplified Acquisition Procedures will be utilized. The government contemplates award of Multiple Indefinite Delivery/Indefinite Quantity type contract. Task Orders will be firm-fixed price based on the contractors proposal in response to each request for task order proposal.

The provision at FAR 52.212-1 Instructions to Offerors-Commercial Items applies to this solicitation.

The following addenda have been attached to this provision: None

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The provision at FAR 52.212-2 Evaluation-Commercial Items is applicable to this solicitation.

The specific evaluation criteria to be included in paragraph (1) of that provision are as follows:

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be the most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Technical approach/capability of the services offered to meet the Government’s requirement.

(ii) Past Performance.

(iii) Price.

Technical and past performance, when combined, are equal when compared to price in determining the best value to the government.

Proposal Instructions

The technical and past performance information should not have reference to any proposed pricing for this solicitation.

Submission of Proposals: The proposal shall be in two parts:

TECHNICAL/PAST PERFORMANCE INFORMATION and PRICE PROPOSAL.

Offers sent via email shall be Microsoft Office- or Adobe compatible programs for electronic submission. Offers not sent by electronic means must be sent in the quantity specified below.

Part I – Technical/past performance Proposal Original + 3 copies Part II – Price Proposal Original + 2 copies

Technical acceptability will be determined by review of information submitted by the offeror which must provide a description in sufficient detail to show that the offeror has the capability to perform the required services which demonstrates knowledge of the work to meet the Government's requirement. Provide experience within the last 3 years of providing this type of service as described in the general scope of work of the project and the technical approach to the seed Task Order #1 SOW as attachment 1 in section D above. The proposal should demonstrate the professional qualification and experience of the proposed staff to include LEED AP certified employees and the corporation for similar types projects. Demonstrate experience on LEED projects (to include retro, fundamental and enhanced commissioning types) and at obtaining LEED certification. Describe how you plan to implement a LEED rating system that addresses facility alterations and additions to existing buildings. Provide the commissioning authority organization and describe the commissioning planning and process management you will apply.

Describe experience with energy system performance, interaction, start-up, balancing, testing, troubleshooting, automation control knowledge, energy audits, and operation and maintenance procedures. Provide location of the firm in relation to the Jefferson Lab Complex. The tradeoff process will be utilized meaning that tradeoffs among price and technical capability will allow the government to accept other than the lowest priced technically acceptable offer.

Past Performance Past performance will be evaluated based on information provided by the offeror. Identify federal, state, local government, or private contracts for which the offeror has performed work

10-223-SOL-00202 18 of 20 similar to the SOW in this solicitation (include contracts within the last three years, point of contact, email and telephone numbers). Provide a description of the work and LEED certification obtained.

Price Proposal Standard Form 1449 of Contract-One (1) copy of the completed, signed offer (Sections A through D) of the solicitation package to the address specified. Provide pricing rate sheet for the proposed team to include base and options years. The rate sheet should be broken down by labor category, hourly labor rate, and fully burdened hourly rate. Provide any other fees that may be charged for a task order for example, reproduction fees, and travel to NCTR etc. Include the firms DUNS number. Offeror Representations and Certifications-Commercial Items under FAR 52.212-3 of this RFP, are required by public law, procurement regulations, or procurement policy. The offeror must complete these electronically via ORCA (see provision below). Indicate in price proposal that the ORCA information is current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated.

Multiple awards may be made at the IDIQ contract level depending on technical, past performance and price of each individual offer. The number of awards will be determined based on the evaluation by the Government will result in the selection that represents the best overall value to the Government among the top 2-3 rated firms.

The government reserves the right to make an award without discussions.

The government is not responsible for locating or securing any information, which is not identified in the proposal. To ensure information is available, vendors must furnish as part of their proposal all descriptive material necessary for the government to determine whether the product and/or service meets the technical requirements. The offer shall include technical specifications, descriptive material, literature, brochures and other information corresponding to each minimum required item, which demonstrates the capabilities of the offeror. Offers that are determined technically unacceptable may be excluded from further consideration.

The Government reserves the right to obtain information for use in the evaluation from any and all sources including sources outside of the Government.

The Provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, applies to this acquisition. An offeror should complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov.

Other Solicitation Provisions 52.216-27 Single or Multiple Awards. (OCT 1995) The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of provision)

10-223-SOL-00202 19 of 20

This will apply to task orders.

52.232-28 Invitation to Propose Performance-Based Payments. (MAR 2000)

CCR Requirement - Company must be registered in the Central Contractor Registration (CCR) system before an award could be made to them. If company is not registered in CCR, they may do so by going to CCR web site at http://www.ccr.gov.

The Defense Priorities and Allocations System (DPAS) and assigned rating are not applicable to this solicitation notice.

It is the offeror's responsibility to monitor the internet site for the release of an amendment to the solicitation (if any).

This RFP does not commit the Government to pay for the preparation and submission of a proposal.

Offerors that fail to complete the required representations and certifications, or reject the terms and conditions of the solicitation, may be excluded from consideration.

All responsible sources may submit an offer, which if timely received, shall be considered. The offer must reference solicitation number 10-223-SOL-00202. The offers are due in person, by postal mail or email to the point of contact listed below on or before August 12, 2010 by 13:00 hours (Central Standard Time in Jefferson, Arkansas) at the Food and Drug Administration, OC/OA/OAGS, Attn: Nick Sartain, 3900 NCTR Road, HFT-320, Jefferson, AR 72079-9502.

For information regarding this solicitation, please contact Nick Sartain at (870) 543-7370, FAX

(870) 543-7990 or email nick.sartain@fda.hhs.gov. Offers sent via email shall be Microsoft Office- or Adobe compatible programs for electronic submission. By submission of a proposal on electronic media, the Offeror must ensure that the submission is readable, in the format specified in the solicitation (Microsoft Office compatible), and has been verified as free of computer viruses. In the event that any files are defective (unreadable), the Government may only evaluate the readable electronic files. Further, defective (unreadable) media renders a deficiency in the Offeror's proposal; the Government may consider the proposal incomplete and not further consider such proposals for evaluation.

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