12-223-SOL-00003.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

DHHS/FDA/OA/OAGS

Nick Sartain

3900 NCTR ROAD

Building 50, room 422

HFA-323

JEFFERSON AR 72079

Same as Block 7

NICHOLAS SARTAIN

110/20/2011

12-223-SOL-00003

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

The Contractor shall furnish the required labor, material, equipment and supervision to accomplish the work called for by this contract in accordance with the Scope of

Work, Specifications and Drawings contained herein.

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 90 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

11/10/2011

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

DHHS/FDA/OA/OAGS

Nick Sartain

3900 NCTR ROAD

Building 50, room 422

HFT-323

JEFFERSON AR 72079

NICHOLAS E. SARTAIN

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 27

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12-223-SOL-00003

FOB: Destination

1 85C roof overlay, see section B for item details

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Section B Continuation of any block from SF 1442

B-1 Schedule of Supplies/Services and Price

Roof Repair at Building 85C of the U.S. Food and Drug Administration (FDA) Jefferson Laboratories, Jefferson AR. The contractor shall provide and install 40 mil. single-ply PVC roofing system and separation sheet over entire roof area. The scope of work consists of preparing existing roof to receive new PVC roofing system, installing separation sheet over the roof's surface, mechanically installing the new PVC 40 mil. single-ply membrane over existing roof and anchoring to the roof deck as indicated in drawings.

Independently and not as an agent of the Government, the Contractor shall furnish the necessary personnel, materials, services, facilities, and otherwise do all things necessary for or incident to the performance of the work set forth herein and in Section D, Attachment No. J-1, Contract Drawings and Specifications. The attachments listed in Section J are hereby made part of this solicitation and any resultant contract.

Schedule of Items

Item No. Description Price

1. Prepare existing roof to receive new PVC roofing system, install separation sheet over the entire roof surface, mechanically install the new PVC 40 mil. single-ply membrane over the separation sheet and existing roof and anchor to the roof deck as indicated on the contract specifications and drawings.

For the Fixed Price Lump

Sum of 1 job

Optional-Unit Priced Items 2-4

The contractor shall provide a unit price per square foot of roof deck replacement. The contractor shall demolish existing roof membrane and damaged roof deck shall removed and replaced with new metal deck in accordance with specifications and drawings. Locations shall be field verified. Existing insulation and membrane over the deck replacement area shall be cut back and removed 1” inch wider on each side of the deck replacement area per referenced drawing (see drawing A8). This section will be used as identified deck repair by either the Government or Contractor comes up throughout the performance of the contract due to changes and/or differing site conditions. Unit price is a price per unit of measurement, added to or deducted from the Contract by appropriate modification.

Unit prices include all necessary material, plus cost for delivery, installation, insurance, applicable taxes, bonds, overhead, and profit.

Item No. Description Unit Unit Price

2. 1 sq. ft. to 500 sq. ft of deck repair. Demolish existing roof membrane and roof deck in soft areas at multiple locations, replace damaged deck with metal deck.

Square Foot $_________

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Item No. Description Unit Unit Price

3. 501 sq. ft. to 1000 sq. ft of deck repair. Demolish existing roof membrane and roof deck in soft areas at multiple locations, replace damaged deck with metal deck.

Square Foot

Item No. Description Unit Unit Price Estimated

Quantity Total Price

4. 1001 sq. ft. to 1500 sq. ft of deck repair. Demolish existing roof membrane and roof deck in soft areas at multiple locations, replace damaged deck with metal deck.

Square Foot

Total Evaluated Price: Items 1 and 4 above

Section C- Contract clauses and administration data-

C-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):

https://www.acquisition.gov/far/ and http://www.hhs.gov/policies/hhsar/subpart352.html.

52.204-4 Printed or Copied Double-Sided on Recycled Paper. (MAY 2011) 52.204-7 Central Contractor Registration. (APR 2008) 52.211-13 Time Extensions. (SEPT 2000) 52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items).(JUL 2010) 52.219-6 Notice of Total Small Business Set-Aside (JUNE 2003) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-14 Limitations on Subcontracting (DEC 1996) 52.222-6 Davis-Bacon Act (JULY 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (JUN 2010) 52.222-9 Apprentices and Trainees (JULY 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JULY 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) 52.223-11 Ozone-Depleting Substances (May 2001) 52.225-9 Buy American Act—Construction Materials. (FEB 2009) 52.228-5 Insurance-Work on a Government Installation.(JAN 1997)

12-223-SOL-00003 5 of 27 https://www.acquisition.gov/far/

52.228-11 Pledges of Assets (FEB 1992) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit. (DEC 1999) 52.228-15 Performance and Payment Bonds—Construction (NOV 2006) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-5 Payments under Fixed-Price Construction Contracts (SEP 2002) 52.232-9 Limitation on Withholding of Payments (APR 1984) 52.232-27 Prompt payment for construction contracts (OCT 2008) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor. (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-12 Cleaning Up (APR 1984) 52.236-14 Availability and Use of Utility Services (APR 1984) Water and electricity may be used by the Contractor from existing outlets at no cost to the Contractor.

The Contractor shall pay for all temporary connections.

52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) Alternate I (APR 1984) 52.242-14 Suspension of Work (APR 1984) 52.243-5 Changes and Changed Conditions. (APR 1984) 52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.246-12 Inspection of Construction (AUG 1996) 52.246-21 Warranty of Construction (MAR 1994) Alt I (APR 1984) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form).(APR 1984) 352.201-7 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) 352.224-70 Privacy Act (January 2006) 352.227-70 Publications and Publicity (January 2006) 352.231-71 Pricing of Adjustments (January 2001) 352.242-71 Tobacco-Free Facilities (January 2006) 352.242-73 Withholding of Contract Payments (January 2006)

C-2 FAR Clauses incorporated in full text:

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 calendar days after the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.217-6 Option for Increased Quantity. (MAR 1989)

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The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor at time of award or within 90 calendar days after award.

Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of clause)

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999)

Fill in text as follows:

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Goals for Female Participation for Participation for Each Trade Each Trade

31.2% 6.8%

C-3 Reports/Deliverables

Unless otherwise noted, all reports/deliverables shall be delivered to the attention of the contract specialist Nick Sartain, OAGS, Building 50 Room 422, 3900 NCTR Road, Jefferson, AR 72079.

The Contractor shall submit the following reports/deliverables

1. Performance Schedule NLT 20 calendar days after receipt of notice to proceed. Submit to Contracting Officer’s Representative (COR).

2. Submittals- Far enough in advance of scheduled dates of installation to provide adequate time( at a minimum of 10 work days), for reviews, approvals, possible revisions and resubmittals for placing orders and securing delivery.

3. Certificate of insurance prior to commencement of work.

4. Payment and Performance Bonds within 10 calendar after award.

5. Updates to performance schedule- monthly.

6. Warranties- NLT 7 calendar days Prior to submission of final invoice

7. As built drawings- NLT 7 calendar days prior to submission of final invoice.

C-4 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

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Phone:

Email:

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

To be completed at time of award Name:

Phone:

Email:

The COR 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 COR designation.

C-5 Invoice Submission Requirements.

An original invoice plus 2 copies shall be submitted to the attention of Nick Sartain by postal mail or email at the address specified below.

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

Or email: nick.sartain@fda.hhs.gov

C-6 FDA 1418 General Conditions at NCTR

A. General

Contractors (including Subcontractors), their officials, employees, and all other persons visiting or conducting business at any Food and Drug Administration facility or construction site in connection with contract work shall conform to these requirements and those of Federal Management Regulation (FMR) 41 CFR 102-74.365-455, Conduct on Federal Property, as a condition of being permitted to

12-223-SOL-00003 8 of 27 mailto:nick.sartain@fda.hhs.gov enter on the property and as part of the contract. The Prime Contractor shall be responsible for the enforcement of these requirements by its Subcontractors.

Before work is started, the Contractor shall furnish to the Contracting Officer and COR, the name of the principal responsible official for the contract plus at least one alternate, with their home addresses and phone numbers, who may be contacted in case of emergencies occurring outside the regular hours of work. Similar information shall be furnished concerning all Subcontractors.

B. Hours to Work

The Contractor will be permitted to work on the job at the NCTR during the regular hours 8:00 a.m. to 4:30 p.m., Monday through Friday, except for the following holidays (some are observed on preceding Friday or following Monday when the holiday occurs on Saturday or Sunday):

New Years Day Martin Luther King's Birthday President's Day (Washington/Lincoln's Birthday) Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day

Service will not be performed at the Federal Site when the Federal Government is closed for reasons such as inclement weather or executive order. No services or deliveries shall be performed at the Federal Site on federal legal holidays as shown above. Work at any other time including holidays requires approval by the Contracting Officer, and must first be scheduled and requested in advance, in writing, through the COR.

C. Non-Interruption of Government Activities

Interruption or interference with conduct of Government business in other building areas outside the contract area, or damage to existing equipment or property within the contract area, will not be permitted. To protect Government property and to isolate its work, the Contractor shall provide, at no additional expense to the Government, drop cloths, plastic film draping, taping, barriers, weatherproof closures and/or coverings, and temporary dust-proof enclosures and partitions, etc. Temporary dust-proof enclosures and partitions shall be provided whenever demolition or construction operations will produce dust or dirt, which would be spread by tracking or air currents beyond the immediate area of work. Such enclosures shall be erected structurally sound, and shall be maintained dust proof so as to keep surrounding areas clean and free of dust. Where practical, dust-producing activities shall be kept dampened with water, so as to reduce the generation of dust.

Temporary dust-proof enclosures will always be required to separate sterile or germ-free areas from the Contractor's work area. Materials shall be conveyed inside buildings using Contractor-provided equipment, in a manner that prevents damage to floors (i.e., by hand, using rubber tired vehicles, etc.).

Use of FDA equipment is prohibited. The use of equipment, which produces substantial noise or vibration in buildings, such as pneumatic hammers, etc., must be coordinated in advance with the COR

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D. Utility Shutdowns

Contractors shall not cut, disconnect, switch, open, or alter position of valves, or otherwise interrupt any utility systems, piping systems, electric services, etc. without prior written approval of the COR.

Shutdown of any utility service, which will affect service to any areas other than those in the contract area, must be requested in writing a minimum of fourteen (14) working days in advance, and required written confirmation/approval prior to service interruption.

E. Material Delivery, Storage Areas and Debris Removal

1. Material Delivery. Contractors shall arrange for the deliveries of supplies or materials and equipment to the work site or designated storage areas via previously approved routes. Wherever practicable, deliveries shall be made during the regular FDA working hours (unless prior approval is obtained from the Contracting Officer through the COR) and only when the Contractor's Authorized Representative is available to receive them.

2. Storage or Materials. The Government will make space available in FDA buildings or on FDA grounds for the storage of materials and equipment. The Contractor shall, as set forth in paragraph H.1 herein, be responsible for security of their property and material from theft and vandalism. Corridors and other public areas must be kept clear at all times.

3. Debris Removal. Removed materials, which are designated in the specifications or drawings as Contractor's property, or debris shall be promptly removed from the job site and the FDA facility.

Storage and/or collection of debris inside or outside buildings will not be permitted. Contractors shall remove all debris and other material with their own carts, containers, and/or refuse disposal facilities.

Government facilities may not be used for this purpose. All interior areas of existing buildings shall be left clean on a daily basis. When debris must be removed from buildings outside normal FDA work hours, it must be scheduled for a designated time in advance (the same as for material deliveries).

F. Safety and Accident Prevention

1. Contractors working at FDA facilities shall be responsible for compliance with all applicable safety regulations and standards issued under the provisions of the Williams/Steiger Occupational Safety and Health Activities (OSHA) and other applicable regulations issued by state, county, or local authorities. Any deviations from the OSHA regulations will require a variance from the OSHA authorities prior to initiating the change.

2. Contractors shall safeguard the work site and perform all operations in such manner as to insure that their employees, Government personnel, and others who may gain access to the site will not be endangered.

3. Contractors shall provide illuminated barricades, flags, warning signs, and lighting at excavations, open manholes, damaged roads, or walks, and any interior danger areas, other open or broken surfaces, resulting from the Contractor's operations. Similar barriers and warning devices shall be provided by the Contractor to limit access to hazardous work areas, such as pavement-breaking operations and overhead work that requires the use of cranes, ladders, or scaffolds.

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4. Explosives shall not be brought on FDA property without permission from the COR and local Fire Department Officials. Contractors shall obtain a written permit for the use of explosives at least five (5) days prior to the actual date of use. For blasting operations, the Contractor shall provide personnel, flags, signs, barricades, and other appropriate means of adequate warning.

5. Where work requires entrance into a room posted as a "Restricted Area," which might present danger to Contractor's personnel in the form of pathogenic, radioactive, or chemical agents, the Contractor shall request instruction from the COR as to required protective measures, and shall abide by such instructions.

6. The Prime Contractor shall be responsible for the enforcement of these safety rules by its Subcontractors. Questions concerning safety shall be submitted to the COR for clarification by the Safety Office. The Safety Office has the authority at any time to enter a Contractor's construction site, in conjunction with the COR, after first contacting the Construction Foreman, for the purpose of conducting a safety survey.

7. A Contractor working on FDA Property is required to promptly report any accident suffered by its employees to the COR who will in turn notify the Safety Office.

G. Fire Prevention

1. Contractors shall instruct their employees to immediately report any fire to the COR, even if it has been extinguished.

2. Contractors are responsible for providing and maintaining fully functioning/charged fire extinguishers at work site at all times.

3. Construction trailers, sheds or temporary storage buildings shall not be moved to, or erected on, FDA Property without written approval, including inspection by the COR and Safety Officer, as to location of the structure and method of heating and lighting. They must be located within the Contractor's assigned area and are generally restricted to Contractor's assigned area and are generally restricted to large projects.

4. The installation of aboveground tanks for fueling the Contractor's equipment must be approved by the FDA COR and Safety Officer. Installation of underground tanks will not be permitted.

5. Contractors shall not make connection to or use fire hydrants, standpipe risers, fire warning, or FDA fire alarm systems without prior approval of the COR. In the event of actual or anticipated emergencies, the Fire Department may discontinue the use by Contractors of water from fire hydrants or standpipe risers without advance notice.

6. Surges in water pressure frequently trip sprinkler alarm valves, and electric power switching surges affect the fire alarm system. Therefore, Contractors shall not open valves to new water lines or switch large electric loads on or off without prior notice to the FDA COR.

7. The Contractor shall obtain a Hazardous Work Permit from the FDA Safety Officer for any work involving heating, soldering, brazing, gas or electric welding, flame-cutting, tar kettles, salamanders, or other flame or heat-producing devices, both inside and outside buildings. The permit shall be conspicuously posted at the work site.

12-223-SOL-00003 11 of 27

8. The Contractor shall provide fire extinguishers, fire blankets and fire watch personnel as required by the Hazardous Work Permit.

9. Accumulation of combustible waste materials and rubbish is prohibited. Such trash shall be removed promptly by the Contractor. Burning of waste material and rubbish is not permitted on the FDA Property.

10. The bulk storage of combustible and flammable building materials in corridors, cross-corridor intersections, stairwells, lobbies, and mechanical rooms is prohibited.

11. The nightly storage of oil painting materials and supplies in corridors, cross-corridor intersections, stairwells, lobbies, and mechanical rooms is prohibited. Such materials shall be kept in locked and ventilated rooms or removed from the building each night.

12. The use of equipment fueled by petroleum products (propane, gasoline, fuel oil, etc.) is prohibited unless approved by the FDA Safety Officer. If approved, storage of flammable liquids in a building will be limited to the fuel tank capacity of such equipment.

H. Security

1. Contractors shall be responsible for security of their property and material from theft and vandalism.

2. The Government does not accept responsibility for loss or damage to any property or work it has not accepted.

3. Contractors shall be responsible for excluding all but authorized persons from their work sites.

4. Contractors and their employees shall immediately report any known violations of law or regulations, or the discovery of unaccountable property, either private or Government-owned, to the

COR.

5. Conduct on Federal Property: Contractors are advised that operating a motor vehicle when entering upon or while on FDA property by a person under the influence of alcoholic beverages, narcotic drugs, including hallucinogens, marijuana, barbiturates or amphetamines, is prohibited.

Entering upon the property, or while on the property, under the influence of, or using, or possessing any narcotic drug is prohibited. Such prohibition shall not apply in cases where the drug has been prescribed by a physician. Entering upon the property, or being on the property, under the influence of alcoholic beverages is prohibited. All vehicles are subject to search.

I. Motor Vehicles and Parking Regulations

1. All persons driving motor vehicles on FDA Property in connection with Contractor business, including the driving of employees' personal vehicles, shall abide by the rules and regulations of this clause and those of FMR 102-74.430, Vehicular and Pedestrian Traffic. Contractor vehicles shall be used for the conduct of business only. Vehicles shall remain parked at the job site, i.e., not be used to drive back and forth to the cafeteria.

12-223-SOL-00003 12 of 27

2. Employees of Contractors shall park only in areas designated by the Building Manager.

3. Contractors and Subcontractors shall use only truck routes designated by the COR for deliveries of material and other contract operations. Designation of truck routes shall be requested and approved before the start of construction. Contractors shall be responsible for notifying all suppliers to make deliveries via the designated routes.

4. Vehicles operated over station roads in connection with contract work shall be loaded so as to minimize spillage of dirt, gravel, and other debris. The Contractor shall remove inadvertent spillage of nails, construction materials, scrap, etc., immediately. Dirt and gravel spillage or accumulations shall be removed as soon as practicable and as satisfactory to the COR, but in every case it shall be removed no later than the end of each workday.

5. The driver of any vehicle involved in an accident on the FDA Property shall stop and render aid as required. The accident shall be reported as soon as possible in person or by telephone to the COR.

Drivers of the vehicles involved shall remain until released, and shall furnish such reports of the accident as required.

6. When closing of roads or lots is necessary for a Contractor to perform work, notify the COR at least five (5) working days in advance. Once approval is granted, Contractors shall provide their own barricades and cones and block off the area.

J. Grounds, Roads, and Walkways

1. Contractors shall perform their work in such a manner as to cause minimum damage to roads, walkways, and plantings, including lawns, shrubs, and trees. Any damaged items not specifically designated in the contract specifications for demolition, removal or alteration shall be restored to original condition or replaced, as satisfactory to the Contracting Officer. Ground areas disturbed during construction shall be landscaped and planted to original condition as promptly as possible.

During the progress of the contract the Contractor shall, within the construction area, protect and maintain all plant material including lawns and temporary ground cover by mowing, spraying, watering, etc., sufficient to provide a level of maintenance conforming to that of other areas of the Property, and at no time shall weeds or undesirable grasses be allowed to seed.

2. Contractors shall not create obstruction to the flow of traffic, including temporary reductions in horizontal or vertical clearances, except in accordance with schedules and by such means satisfactory to the Building Manager.

K. Sanitation

1. Contractors shall maintain their working areas free from food debris and wrappers. Contractors shall provide covered trash containers in the number and type approved by the COR, and shall be responsible for the sanitary collection and prompt removal of trash in these containers from the FDA Property.

2. All temporary toilets used by the Contractor must be approved as to number, location, and construction by the COR. The Contractor will make arrangements to secure this approval.

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L. Project Record Drawings

1. The Contractor shall set aside at the site one set of Contract Drawings to be used as Project Record Drawings (As-Builts). As-Builts shall be kept current.

2. The Contractor shall record on the Project Record Drawings all changes to accurately show as-built conditions.

3. The Contractor shall use colored pencils for notes, sketches, cross references to drawing details, etc. Pasted-on data, sketches, etc., will be accepted provided they do not cover any of the drawing data, manufacturers' names, model numbers, size, rating, etc., of equipment.

4. The COR must review and concur with all data placed on the drawings. The completed Project Record Drawings shall be given to the Contracting Officer at the conclusion of the job.

C- 7 Specifications and Drawings for Construction

In addition to instructions set forth in FAR 52.236-21, the following, regarding specifications and drawings, also apply:

1. Also include any samples of material requests.

2. Submittal data shall be coordinated so that all interdependent component parts and systems of the installation are included in a single coordinated submittal.

3. Submittal data shall be reviewed by the General Contractor for compliance with specification requirements, coordination, etc., prior to submittal and shall be so certified on the submittal by appropriate stamp and/or notation.

4. All submittal data shall be delivered at the Contractors expense unless otherwise specified.

Submittal data shall be submitted as required, plus any additional copies which the Contractor wishes returned to him. A letter of transmittal setting forth the following, shall accompany the submittal:

a. the date

b. The name of the project

c. Appropriate description of submitted items, including reference to specification paragraph, submittal summary sheet, item number, etc.

5. The Contractor shall submit and have reviewed all data and samples required within 14 work days of the Notice to Proceed.

6. Approved samples not destroyed in testing will be sent to the Project Office/COR of the project.

Approved samples of hardware in good condition will be marked for identification and may be used in the work. Materials and equipment incorporated in the work shall match the approved samples. Samples not destroyed testing or not approved will be returned to the Contractor at his expense, if requested at the time of submission.

7. Failure of any material to pass the specified test will be sufficient cause for refusal to consider, under this contract, any further samples of the same brand or make of that material. The Government reserves the right to disapprove any material or equipment, which previously has proven unsatisfactory in service.

8. The COR may take samples of various materials or equipment delivered on the site or in place for testing. Samples failing to meet contract requirements will automatically void previous approval of test items tested. The Contractor shall replace such materials or equipment to meet contract

12-223-SOL-00003 14 of 27

9. The Contractor shall keep on the work site an approved copy of all shop drawings and other submittal data.

C-8 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.

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

12-223-SOL-00003 15 of 27 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 COR 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 COR 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 COR 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 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).

12-223-SOL-00003 16 of 27 http://uscis.gov/graphics/formsfee/forms/files/i-9.pdf

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.

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

COR.

5. NON-PUBLIC DATA PROTECTION

12-223-SOL-00003 17 of 27

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

COR. Sponsorship must be provided by

FDA COR.

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 3900 NCTR Road

Jefferson, AR 72079

**Form must be submitted by Security Rep.

Form must be received prior to making fingerprint 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

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

12-223-SOL-00003 18 of 27

CHART B

Public Trust Positions - Levels 5 or 6

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

COR. Sponsorship must be provided by

FDA COR.

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.

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

C-9 Bonding…