SOW Asbestos Abatement.doc

Asbestos Removal/Abatement

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A.

INTRODUCTION:

The purpose of this Request for Quote (RFQ) is to enter into an agreement with a company that has a proven record for providing Asbestos Removal/Abatement, and disposal, in accordance with current laws and regulations governing such removal and disposal. Asbestos removal/abatement services shall be performed at the Phoenix Indian Medical Center (PIMC).

This is a Small Business Set-Aside under 52.219-6 Notice of Total Small Business Set-Aside. RFQ’s will be sought from businesses which are 100% Total Small Business owned, operated and controlled sources only.

B. SCOPE OF WORK:

The Contractor shall provide all plans, labor, materials, equipment, transportation and supplies for the designated Asbestos removal/abatement.

The work shall be conducted by competent persons, certified and qualified in the techniques of asbestos abatement, handling, and disposal of asbestos containing and asbestos-contaminated materials and subsequent cleaning of contaminated areas.

All abatement techniques employed shall be considered industry standard, including removal and disposal.

Contractor shall provide a detailed sketch identifying hazard control areas, including decontamination areas, critical barriers, physical and air distribution areas, perimeter or other area air monitoring outside or adjacent to the regulated area.

Contractor will be responsible for erecting, maintaining, cleaning and disassembly of all necessary Infection Control Barriers required by PIMC Infection Prevention.

Contractor shall have strict adhesion to PIMC Infection Control Policy and will be expected and enforced. A Pre and Post inspection by the PIMC Infection Prevention Specialist or a Designee shall occur at the beginning and end of each phase.

The contractor shall inform the PIMC Facility Operations Specialist of any utility service interruption 72 hours in advance of such interruption. The contractor shall notify the PIMC Facility Operations Specialist of the areas affected and duration of utility service outage. Utility service outages shall be as brief as possible and the Contractor shall ensure proper advance notice of at least five working days.

Contractor shall be responsible for providing third party testing to provide any necessary air clearances post remediation if requested/required.

The Contractor shall contact the PIMC Facility Operations Specialist or Designee immediately if any unforeseen conditions are revealed during removal of the Asbestos Containing Material (ACM).

Contractor is responsible to dispose of all ACM at a legally approved disposal site certified for deposit of Asbestos-Containing Waste that includes proper recordkeeping.

Demolition Site:

The Contractor shall demolished area in accordance with the drawings included in Attachment A & B.

Demolition shall include:

1. Wooden paneling, Drywall (C-13, 14 &15), joint compound (C-13, 14 &15), 12 X 12 ceiling tile and mastic in designated areas which will include supporting the ceiling wall angle at the South and West sides as shown in Attachment B.

2. All demolished material shall be promptly removed from the work area in a tightly covered container to reduce the spread of debris. All other building systems shall remain intact.

Miscellaneous Management ISSUES:

The Government shall evaluate the quality of installation services provided.

The Government reserves the right to visually inspect and monitor contractor workmanship.

Liquidated damages or penalties may be assessed within the constraints of the law for any violation of the terms of this contract.

Phoenix Indian Medical Center and the Contractor will be responsible for maintaining site security during the remediation work.

responsibility factors

Contractor will be authorized to park only in areas designated by the Facility Operations Specialist. Contractor’s personnel must observe all traffic and parking signs while at the installation.

Contractor shall inform all personnel working on this contract of basic PIMC Hospital emergency Codes.

Contractor will be allowed minimal use of government space to store supplies or equipment required under this contract. Contractor must bring on site supplies in quantities limited to the work for each site visit.

The contractor’s personnel shall report to the Facility Operations Specialist or Designee to log-in and log-out for access to the worksite.

Contractor shall be responsible for repair of any damage incurred to the building systems as a result of contractor workmanship.

REGULATIONS, STANDARD, & CODES

All work under this contract shall be done in strict accordance with all applicable federal, state, and local regulations, standards, and codes governing asbestos abatement and any other trade work done in conjunction with the abatement. The most recent edition of any relevant regulation, standard, document, or code shall be in effect.

Where there is conflict between one or more code requirements, the more stringent code requirement shall apply.

All work shall be performed and completed in accordance with the following codes and standards:

A. Occupational Safety and Health Administration (OSHA):

1. Title 29 CFR 1910.134 Respiratory Protection

2. Title 29 CFR 1926 Construction Industry

3. Title 29 CFR 1910.20 Access to Employee Exposure and Medical Records

4. Title 29 CFR 1910.1200 Hazard Communication

5. Title 29 CFR 1926.1101 Asbestos

B. Environmental Protection Agency (EPA)

1. 40 CFR Part 61, Subpart M - National Emission Standards for Asbestos

2. 40 CFR Part 302.14 Hazardous Substances and Reportable Quantities

C. Department of Transportation (DOT)

1. Title 49 CFR 172.101 Hazardous Materials Table

2. Title 49 CFR 173.12b Exceptions for Shipment of Hazardous Waste

3. Title 49 CFR 173.24a Standard Requirements for All Packages

4. Title 49 CFR 173.1300 Other Regulated Material

5. Title 49 CFR 177.844 Carriage by Public Highway

D. American National Standards Institute (ANSI)

1. ANSI Z41.1-1967 Safety Shoes

2. ANSI Z87.1-1979 Protective Eyewear

3. ANSI Z88.2-80 Practices for Respiratory Protection

E. American Standards of Testing Materials (ASTM)

1. Manual 23, Asbestos Control: Removal, management and the visual inspection process. ASTM E 1368

Asbestos abatement, transportation and disposal requirements, including payment of disposal fees, apply as mandated by the United States Government, the State of Arizona, Maricopa County, and any other Government agency having jurisdiction. These will include, but not be limited to licensing, regulations and training, handling and disposal requirements.

When there is a conflict between one or more requirements, the strictest requirement shall be used.

The contractor shall notify the PIMC Facility Operations Specialist or Designee of any unforeseen conditions or problematic issues regarding performance of this SOW.

EMPLOYEES

The Contracting Officer reserves the right to restrict the employment of any Contractor employee, or prospective Contractor employee, who is identified as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

CLEANUP

Upon completion of work, the Contractor will remove tools, equipment, scrap materials, empty cans, trash, debris, packing materials, and will leave the work areas clean.

MATERIALS

a. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies, materials, and equipment to be used in the performance of work described herein are subject to the approval of the Project Officer. The contractor shall not use any materials, chemicals, or compounds, which the Project Officer determines would be unsuitable for the intended purpose or harmful to the equipment, public or employees.

b. Unless otherwise provided in the specifications of this statement of work, materials removed and not reused under the contract shall become the property of the contractor. The contractor shall remove the materials from the work site and dispose of in a manner allowable under Federal, State, County and City laws. Storage or sale of the materials on the site will not be permitted.

INDEMNITY AND INSURANCE

The Contractor shall indemnify and hold the government harmless for any and all losses, damages, or liability on account of personal injury, death, or property damage, or claims for personal injury, death, or property damage of any nature whatsoever and by whomsoever made, arising out of the activities of the Contractor, his employees, subcontractors, or agents under the contract. For the purpose of fulfilling his obligations under this paragraph, the Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer. The named insured parties under the policy shall be the Contractor, the United States of America, their agents, and their employees. The amount of the insurance shall be not less than $100,000 each person, $300,000 each occurrence and $100,000 property damage. The Contractor shall furnish to the Contracting Officer prior to commencement of contract performance and when the option to extend the term of the contract is exercised, evidence of insurance coverage described herein.

SUBCONTRACTING

a.

None of the services furnished under the Statement of Work shall be subcontracted or transferred to another Contractor or organization without the specific prior written approval of the Contracting Officer.

b.

Nothing contained in the contract shall be construed as creating any contractual relationship between any subcontractor and the Government. The divisions or sections of the specifications are not intended to control the contractor in dividing the work among subcontractors, or to limit the work performed by any trade.

c.

The contractor shall be responsible to the Government for acts and omissions of his own employees, and of subcontractors and their employees. He shall also be responsible for the coordination of the work of the trades, subcontractors, and suppliers.

d.

The Government will not undertake to settle any differences between or among the contractor and his subcontractors or suppliers.

e.

The contractor shall, without additional expense to the Government employ specialty subcontractors where required by the specifications. "Specialty Subcontractors," when specified as a requirement, means a subcontractor regularly engaged in the manufacture or installation of the contract items. The specialty subcontractor shall select and combine the materials involved, maintain and have available for the purpose, workmen skilled in the specified work. The specialty subcontractor shall be the manufacturer, be licensed by the manufacturer as an installer, or work under direct supervision of the manufacturer.

SUBCONTRACTING REQUIREMENTS

a.

In connection with the performance of work under this contract, the contractor shall not subcontract with any subcontractor who, at the time of subcontract award, is listed on the current GSA's Lists of Parties Excluded from Procurement and Non-procurement Programs, unless otherwise authorized by the Government in accordance with Subpart 9.4 of the Federal Acquisition Regulations.

b.

The List of Parties Excluded from Procurement and Non-procurement Programs is available at http://www.epls.gov/.

c.

In the event of the contractor's noncompliance with the foregoing requirements, the Government may terminate this contract for default or take other appropriate action, including, but not limited to, requiring the contractor to terminate any such subcontract and substitute an eligible subcontractor in lieu thereof, at no increase in the contract price or time for performance.

d.

The term "subcontractor," as used in this clause, shall mean the individual or firm with whom the contractor proposes to enter into a subcontract for manufacturing, fabricating, installing, or otherwise performing work under this contract.

e.

Within ten (10) days after contract award, the contractor shall furnish to the Contracting Officer in writing a list of all subcontractors scheduled to perform work under the contract.

f.

The contractor shall include the provisions of paragraphs a., b., and d. of this clause in every subcontract hereunder.

C.

PERIOD OF PERFORMANCE:

The Work shall be complete and fully operational within (14) days of start of work and sixty (60) days after award.

In general, work can be performed Monday – Friday from 6:00 am. To 4:00 p.m., however weekend and after hour work can be arranged, at no additional expense to the Government.

D.

CONTRACTOR'S OBLIGATIONS

The Contractor shall:

(a) Contractor shall furnish own equipment and labor for the job;

(b) Contractor shall wear visible identification provided by the Phoenix Indian Medical Center Security Staff at all times on the premises of the Phoenix Indian Medical Center compound. The Contractor shall turn in this identification provided by the Phoenix Indian Medical Center Security Staff upon completion of the project;

(c) Provide the services described herein independent of Government supervision.

(d) Provide all services described within the statement of work which may be required by the IHS together with personnel, facilities, equipment, supplies, and other items and expertise necessary for, or incidental to, the provision of such services.

E.

MINIMUM CONTRACTOR QUALIFICATIONS

a. All work shall be performed by skilled craftsman that are regularly engaged in work to be performed and shall be at the Journeyman level or directly supervised by a Journeyman.

b. The contractor shall arrange work so as not to cause interference with normal operations at the Indian Health Services facilities located at the Phoenix Indian Medical Center compound. The facility is open from 7:00 am to 6:00 pm. In those cases where some interference is unavoidable, the Contractor must make every effort to minimize the impact of the interference and its effects.

c. None of the services furnished under the Statement of Work shall be subcontracted or transferred to another Contractor or organization without the specific prior written approval of the Contracting Officer.

d. Contractor shall be a company which has experience in Asbestos Abatement of the type required for this project and shall be able to demonstrate 3 years previous experience in such abatement.

e. Certification of workers. The Contractors workers and supervisors shall hold current, valid certificates of training from an EPA-Approved course for asbestos work.

F.

DELIVERABLES

Prepare and submit the following deliverables:

1) The contractor shall provide a project schedule to the PIMC Facility Operations Specialist before work commences.

2) Contractor shall provide a detailed sketch identifying hazard control areas.

G.

QUALITY CONTROL

a.

The Contractor shall provide services under the terms and of this contract with staff capable of providing proper and adequate services and workmanship.

b. The Contractor shall be responsible for monitoring and evaluating the safety, quality and appropriateness of services provided and shall maintain the quality control program.

H.

INSPECTION AND COMPLIANCE

a. Compliance Inspection: The Project Officer will, by formal inspection, determine if the specified progress or methods of work are being carried out. Failure to comply with specified work standards may be cause for termination of the Contractor’s right to proceed.

b. Contract Personnel: If the Contractor is absent from the project area, a Contractor’s representative (designated in writing) shall be available for communication on a daily basis while work is in progress.

c. Inspection of Work: Periodic inspection of work shall be made by the Project Officer to ensure compliance with contract specifications. Work not completed to contract specifications shall be reworked at no additional cost to the Government.

d. Determination of Acceptable Work: Inspection as stated above shall be performed by the Project Officer for evaluation of contract specification compliance. The Contractor will be notified in writing of any work not meeting contract specifications. Portions of the product and installation of work which do not meet contract specifications shall be reaccomplished by the Contractor and the identified items shall be brought up to the required standard(s) before the installation will be considered acceptable.

I.

COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (FAR 52.211-10) (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 3 to 10 days from the notice to proceed date.

J.

SCHEDULE

Contractor hours of operation at the above facility shall commence no earlier than 6 a.m. and continue no later than 5 p.m., Monday through Friday (excluding federally recognized holidays) or as agreed upon between the Project Officer and the Contractor. Federally recognized holidays can be found online at http://www.opm.gov/fedhol/index.asp K.

METHOD OF PAYMENT AND INVOICE SUBMISSION:

Payment shall be requested on the contractor’s signed invoices and shall be submitted to the following office:

Phoenix Indian Medical Center

Attention: Financial Management Branch

4212 N. 16th Street

Phoenix, AZ 85016-5319

602-248-4183

The EFT is disbursed by:

U.S. Treasury Office

Office of Disbursement

Austin, Texas

Invoicing:

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include:

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

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

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

(vii) Name and address of official to whom payment is to be sent;

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

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

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

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

L.

PROJECT OFFICER

Jason Lindner, Engineer, Maintenance Supervisor, PIMC Engineering Department, Phone: (602) 263-1200 is hereby designated as the Project Officer (PO) for, this contract and he/she or his/her designee shall perform the following duties:

1. Monitor the Contractor’s technical progress including surveillance and assessment of performance;

2. Interpret the Scope of Work;

3. Provide technical evaluation as required;

4. Provide technical inspections and acceptance required by this contract;

5. Ensure that invoices and payments are processed in a timely manner; and

6. Assist the contractor in the resolution of technical and administrative problems encountered during performance.

The Project Officer’s responsibilities will be to coordinate with the contractor the technical aspects of this service and the review of performance hereunder. The Project Officer does not have the authority to change or alter the order amount, terms and conditions.

M.

PHS 352.223-70 SAFETY AND HEALTH (APR 1984)

a. In order to provide safety controls for protection to the life and health of employees and other person; for prevention of damage to all property; and for avoidance of work interruptions in the performance of the contract; the Contractor will comply with the following standards:

b. Further, the Contractor shall take or cause to be taken such additional safety measures as the Contracting Officer may determine to be reasonably necessary; provided, that, if compliance with such additional safety measures results in a material increase in the cost or time of performance of the contract, an equitable adjustment will be made in accordance with the clause of this contract entitled "Changes."

c. Prior to commencement of work, the Contractor will submit in writing its plan for complying with the safety and health provisions of this contract, and will meet with the Contracting Officer or his/her designated representative to discuss and develop a mutual understanding relative to administration of the overall safety program.

d. During the performance of work under this contract, the Contractor shall comply with all procedures prescribed by the Contracting Officer for the control and safety of persons visiting the job site and will comply with such requirements to prevent accidents as may be prescribed by the Contracting Officer.

e. The Contractor will maintain an accurate record of, and report to the Contracting Officer in such manner as the Contracting Officer may prescribe all accidents and incidents resulting in death, traumatic injury, occupational disease, and/or damage to all property incidents to work performed under the contract.

f. The Contracting Officer shall notify (if otherwise, confirm in writing) the Contractor of any noncompliance with the provisions of this clause and corrective action to be taken. After receipt of such notice, the Contractor shall immediately take such corrective action. (Such notice, when delivered to the Contractor or its representative at the site of the work, shall be deemed sufficient for the purpose.) If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop order shall be the subject of claim for extension of time or for costs or damages by the Contractor.

g. The Contractor shall insert the substance of this clause in each subcontract involving the use of hazardous materials or operations. Compliance with the provisions of this clause by subcontractors will be the responsibility of the Contractor.

N.

ARIZONA STATE SALES TAXES:

The Department of Health and Human Service, Phoenix Indian Medical Center is tax exempt for the following: 42-5074.B.8, 42-5071.B.2(a), 42-5061.A.25(b), AND 42-5159.A.13(d), State of Arizona Department of Revenue. (Copy of Certificate available upon request). Contractor is responsible for determining and paying all required taxes. The final proposal amount shall include all applicable taxes. Award amount shall not be adjusted due to failure of the offeror to include taxes into the proposal.

O.

INSTRUCTIONS FOR SUBMISSION OF QUOTE/OFFER

(a) General Instructions. Proposals submitted in response to this solicitation shall be furnished in the following format with the numbers of copies as specified below.

(1) Proposals shall be submitted in two parts - a response to the evaluation factors and a price proposal. Each part shall be separate and complete in itself so that evaluation of one may be accomplished independently of the other. The price proposal shall be submitted with the solicitation forms. The response to the evaluation factors must not contain reference to price.

(2) Offerors are cautioned that sufficient and detailed information must be presented in their proposals to enable the Government to evaluate their proposals fully in accordance with the evaluation and award criteria contained herein. The Government is not obligated to ask for additional information and in the absence of appropriate information, the proposal will be rated deficient.

(3) Offerors shall submit their proposal(s) in the following format and the quantities specified:

(i) 1 copy of the completed, signed offer (The solicitation package)

(ii) 2 copies of the Response to Evaluation Factors

(iii) In addition to a successful firm’s response to the solicitation, responses to all Evaluation Factors excepting Relevant Past Performance will be incorporated into the resulting contract by reference at time of award and retain the full force and effect as all of the other contractual terms and conditions hold therein.

(b) Evaluation Factors

1. Relevant Past Performance – Offerors shall submit relevant past performance information on the last three (3) ACM remediation projects. Performance information may be obtained from references provided. Include contracts with the Federal Government, agencies of state, and local governments, and commercial customers.

Include the following information for each contract/subcontract:

A) Facility name

B) Contract number

C) Location

D) Year of completion, or anticipated completion date if in progress

E) Contract administrator's name, phone and facsimile numbers

F) Amount / Quantity

The offeror may provide information on problems encountered on the contracts and subcontracts listed and the corrective actions taken to resolve those problems. The Government may obtain information from existing contract files. Because discussions may not be held, the offeror may refute any problems in the original offer.

Note: If the contractor does not provide past performance information, or indicate a lack of Past Performance with its offer, the Contracting Officer need not pursue further information if it is clear that the offeror’s price is not competitive.

The Office of Management and Budget (OMB) has authorized Federal agencies to collect past performance information under OMB clearance number 9000-0142.

2. Price - A firm’s completion and submission of Standard Form 18 constitutes the fulfillment of the Government’s price proposal requirements under this solicitation.

Award of the contract shall be made to the most responsible and responsive prospective offeror.

Pursuant to FAR 15.304 all evaluation factors other than cost or price, when combined, are – approximately equal to cost or price.

P. CONTRACT CLAUSES

CONTRACT ORDER TERMS AND CONDITIONS:

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): www.arnet.gov/far.

FEDERAL ACQUISITON REGULATIONS (48 CFR CHAPTER 1) CLAUSES

(www.arnet.gov/far)

52.203-3 Gratuities (Apr 84)

52.203-6 Restrictions on Subcontractor Sales to the Government (Jul 95) w/alternate I (Sep 2006)

52.204-6 Data Universal Numbering System (DUNS) (Apr 2008)

52.204-7 Central Contractor Registration (Apr 2008)

52.211-16 Variation in Quantity (Apr 84)

52.212-5 Contract Terms & Conditions-Required to Implement Statues or Executive Orders-

Commercial Items w/Alternate I (Jun 2008)

52.216-24 Limitation of Government Liability (Apr 84)

52.216-25 Contract Definitization (Oct 97)

52.217-8 Option to Extend Services (Nov 1999)

52.222-3 Convict Labor (Jun 2003)

52.222-4 Contract Work Hours and Safety Standards Act – Overtime Compensation –General (Jul 2005)

52.222-26 Equal Opportunity (Mar 2007)

52.222-36 Affirmative Action for Handicapped workers (Jun 98)

52.222-41 Service Contract Act of 1965, as amended (Nov 2007)

52.223-18 Contractor Policy to Ban Test Messaging While Driving (Sep 2010)

52.232-18 Availability of Funds (Apr 1984)

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

52.225-3 Buy American Act – Free Trade Agreement – Israeli Trade Act (Aug 2007)

52.225-13 Restrictions on Certain foreign Purchase (Jun 2008)

52.232-1 Payments (Apr 84)

52.232-8 Discount for Prompt Payment (Feb 2002)

52.232-25 Prompt Payment (Oct 2003)

52.233-1 Disputes (Jul 2002)

52.233-3 Protest After Award (Aug 96)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.243-1 Changes – Fixed Price (Aug 87)

52.244-6 Subcontracts for Commercial Items and Components (Mar 2007)

52.249-1 Termination for Convenience of the government (Fixed Price) (Short Form) (Apr 84) Q.

Department of Health & Human Services Acquisition Regulation (48 CFR Chapter

Full text may be accessed electronically at this address: http://farsite.hill.af.mil/reghtml/regs/other/hhsar/352.htm No.

HHSAR Clause No.

Title

Date

352.201-70

Paperwork Reduction Act

JAN 2006

352.202-1

Definitions

352.227-70

Publications and Publicity

352.242-73

Withholding of Contract Payments

352.270-2

Indian Preference

APR 1984

352.270-3

Indian Preference Program

R.

CONTRACT CLAUSES WRITTEN IN FULL TEXT

52.211-12 Liquidated Damages—Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $500 for each calendar day of delay until the work is completed or accepted.

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

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

52.211-13 Time Extensions (Sept 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

352.203–70 Anti-lobbying (January 2006) Pursuant to the current HHS annual appropriations act, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for (i) publicity or propaganda purposes; (ii) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television or video presentation designed to support or defeat legislation pending before the Congress or any State legislature, except in presentation to the Congress or any State legislature itself; or (iii) payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature.

352.224–70 Privacy Act (January 2006) This contract requires the Contractor to perform one or more of the following: (a) Design; (b) develop; or (c) operate a Federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) (5 U.S.C. 552a(m)(1)) and applicable agency regulations. The term ‘‘system of records’’ means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties (5 U.S.C. 552a(i)). The Contractor shall ensure that each of its employees knows the prescribed rules of conduct and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as HHS employees. These provisions also apply to all subcontracts awarded under this contract which require the design, development or operation of the designated system(s) of records (5 U.S.C. 552a(m)(1)). The contract work statement: (a) identifies the system(s) of records and the design, development, or operation work to be performed by the Contractor; and (b) specifies the disposition to be made of such records upon completion of contract performance.

352.237–71 Crime Control Act—Reporting of child abuse (January 2006) Public Law 101–647, also known as the Crime Control Act of 1990 (Act) (New Window), imposes responsibilities on certain individuals who, while engaged in a professional capacity or activity, as defined in the Act, on Federal land or in a federally-operated (or contracted) facility, learn of facts that give the individual reason to suspect that a child has suffered an incident of child abuse. The Act designates ‘‘covered professionals’’ as those persons engaged in professions and activities in eight different categories including, but not limited to, physicians, dentists, medical residents or interns, hospital personnel and administrators, nurses, health care practitioners, chiropractors, osteopaths, pharmacists, optometrists, podiatrists, emergency medical technicians, ambulance drivers, alcohol or drug treatment personnel, psychologists, psychiatrists, mental health professionals, child care workers and administrators, and commercial film and photo processors. The Act defines the term ‘‘child abuse’’ as the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child. Accordingly, any person engaged in a covered profession or activity under an HHS contract or subcontract, regardless of the purpose of the contract or subcontract, shall immediately report a suspected child abuse incident in accordance with the provisions of the Act. If a child is suspected of being harmed, the appropriate State Child Abuse Hotline, local child protective services (CPS), or law enforcement agency should be contacted. For more information about where and how to file a report, the Childhelp USA, National Child Abuse Hotline (1–800–4–A–CHILD) should be called. Any covered professional failing to make a timely report of such incident shall be guilty of a Class B misdemeanor. By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act. The Act also applies to all applicable subcontracts awarded under this contract. Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understand, and comply with the provisions of the Act.

352.239-73 Electronic information and technology accessibility (January 2010)

(a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR Part 1194), require that, unless an exception applies, all EIT products and services developed, acquired, maintained, or used by any Federal department or agency permit—

(1) Federal employees with disabilities to have access to and use information and data that is comparable to the access and use of information and data by Federal employees who are not individuals with disabilities; and

(2) Members of the public with disabilities seeking information or services from a Federal agency to have access to and use of information and data that is comparable to the access and use of information and data by members of the public who are not individuals with disabilities.

(b) Accordingly, any vendor submitting a proposal/quotation/bid in response to this solicitation must demonstrate compliance with the established EIT accessibility standards. Information about Section 508 is available at http://www.section508.gov/. The complete text of Section 508 Final Provisions can be accessed at http://www.access-board.gov/sec508/provisions.htm.

(c) The Section 508 accessibility standards applicable to this solicitation are identified in the Statement of Work/Specification/Performance Work Statement. In order to facilitate the Government's evaluation to determine whether EIT products and services proposed meet applicable Section 508 accessibility standards, offerors must prepare an HHS Section 508 Product Assessment Template, in accordance with its completion instructions, and provide a binding statement of conformance. The purpose of the template is to assist HHS acquisition and program officials in determining that EIT products and services proposed support applicable Section 508 accessibility standards. The template allows vendors or developers to self-evaluate their products or services and document in detail how they do or do not conform to a specific Section 508 accessibility standard. Instructions for preparing the HHS Section 508 Evaluation Template may be found under Section 508 policy on the HHS Office on Disability Web site ( http://www.hhs.gov/od ).

(d) Respondents to this solicitation must also provide any additional detailed information necessary for determining applicable Section 508 accessibility standards conformance, as well as for documenting EIT products or services that are incidental to the project, which would constitute an exception to Section 508 requirements. If a vendor claims its products or services, including EIT deliverables such as electronic documents and reports, meet applicable Section 508 accessibility standards in its completed HHS Section 508 Product Assessment Template, and it is later determined by the Government— i.e., after award of a contract/order, that products or services delivered do not conform to the described accessibility standards in the Product Assessment Template, remediation of the products or services to the level of conformance specified in the vendor's Product Assessment Template will be the responsibility of the Contractor and at its expense.

352.242–71 Tobacco-free facilities (January 2006) In accordance with Department of Health and Human Services (HHS) policy, the Contractor and its staff are prohibited from using tobacco products of any kind (e.g., cigarettes, cigars, pipes, and smokeless tobacco) while on any HHS property, including use in personal or company vehicles operated by Contractor employees while on an HHS property. This policy also applies to all subcontracts awarded under the contract or order. The term ‘‘HHS properties’’ includes all properties owned, controlled and/or leased by HHS when totally occupied by HHS, including all indoor and outdoor areas of such properties. Where HHS only partially occupies such properties, it includes all HHS-occupied interior space. Where HHS leases space in a multi-occupant building or complex, the tobacco-free HHS policy will apply to the maximum area permitted by law and compliance with the provisions of any current lease agreements. The Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understand, and comply with this policy.

52.219-14, Limitations on Subcontracting (11/11)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to--

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) concerns;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) concerns; and

(3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for --

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.