15-223-SOL-00055_A-E_(Architectural)_Solicitation.pdf

5. NAME OF FIRM

PART I - CONTRACT-SPECIFIC QUALIFICATIONS

ARCHITECT - ENGINEER QUALIFICATIONS

A. CONTRACT INFORMATION

1. TITLE AND LOCATION (City and State)

2. PUBLIC NOTICE DATE 3. SOLICITATION OR PROJECT NUMBER

B. ARCHITECT-ENGINEER POINT OF CONTACT

C. PROPOSED TEAM

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

4. NAME AND TITLE

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

(Check)

P R

IM

E

J- V

P

A R

TN

E

R S

U B

C O

N

TR

A

C

TO

R

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

a.

b.

c.

d.

e.

f.

STANDARD FORM 330 (REV. 3/2013) PAGE 1

D. ORGANIZATIONAL CHART OF PROPOSED TEAM (Attached)

CHECK IF BRANCH OFFICE

CHECK IF BRANCH OFFICE

CHECK IF BRANCH OFFICE

CHECK IF BRANCH OFFICE

CHECK IF BRANCH OFFICE

CHECK IF BRANCH OFFICE

AUTHORIZED FOR LOCAL REPRODUCTION

12. NAME 13. ROLE IN THIS CONTRACT

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

E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT

(Complete one Section E for each key person.)

14. YEARS EXPERIENCE

b. WITH CURRENT FIRMa. TOTAL

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

15. FIRM NAME AND LOCATION (City and State)

STANDARD FORM 330 (REV. 3/2013) PAGE 2

a.

b.

c.

d.

(1) TITLE AND LOCATION (City and State)

PROFESSIONAL SERVICES CONSTRUCTION (If applicable)

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

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

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

Check if project performed with current firm

Check if project performed with current firm

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

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

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

Check if project performed with current firm

Check if project performed with current firm

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

19. RELEVANT PROJECTS

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

PROFESSIONAL SERVICES CONSTRUCTION (If applicable)

(2) YEAR COMPLETED

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

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S

QUALIFICATIONS FOR THIS CONTRACT

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

Complete one Section F for each project.)

a. PROJECT OWNER

21. TITLE AND LOCATION (City and State)

25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

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

20. EXAMPLE PROJECT KEY

NUMBER

a.

b.

c.

d.

e.

f.

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

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

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

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

STANDARD FORM 330 (REV. 3/2013) PAGE 3

(3) ROLE

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

b. POINT OF CONTACT NAME

23. PROJECT OWNER'S INFORMATION

c. POINT OF CONTACT TELEPHONE NUMBER

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

22. YEAR COMPLETED

PROFESSIONAL SERVICES CONSTRUCTION (If applicable)

TITLE OF EXAMPLE PROJECT (FROM SECTION F)

G. KEY PERSONNEL PARTICIPATION IN EXAMPLE PROJECTS

STANDARD FORM 330 (REV. 3/2013) PAGE 4

26. NAMES OF KEY

PERSONNEL

(From Section E, Block 12)

27. ROLE IN THIS

CONTRACT

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

29. EXAMPLE PROJECTS KEY

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

28. EXAMPLE PROJECTS LISTED IN SECTION F

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

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

H. ADDITIONAL INFORMATION

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

I. AUTHORIZED REPRESENTATIVE

The foregoing is a statement of facts.

31. SIGNATURE 32. DATE

33. NAME AND TITLE

STANDARD FORM 330 (REV. 3/2013) PAGE 5

PART II - GENERAL QUALIFICATIONS

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

a. SIGNATURE

ARCHITECT-ENGINEER QUALIFICATIONS

2a. FIRM (OR BRANCH OFFICE) NAME

2b. STREET

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

3. YEAR ESTABLISHED 4. DUNS NUMBER

5. OWNERSHIP

b. Discipline

c. No. of Employees

10. PROFILE OF FIRM'S EXPERIENCE

AND ANNUAL AVERAGE REVENUE FOR LAST 5 YEARS

b. Experience

c. Revenue Index

Number (see below)

STANDARD FORM 330 (REV. 3/2013) PAGE 6

1. SOLICITATION NUMBER (If any)

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

9. EMPLOYEES BY DISCIPLINE

Total

(1) FIRM (2) BRANCH

1. Less than $100,000

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

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

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

5. $1 million to less than $2 million

11. ANNUAL AVERAGE PROFESSIONAL

SERVICES REVENUES OF FIRM

FOR LAST 3 YEARS

(Insert revenue index number shown at right)

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

6a. POINT OF CONTACT NAME AND TITLE

6c. E-MAIL ADDRESS

8c. DUNS NUMBER

a. Federal Work

b. Non-Federal Work

c. Total Work

12. AUTHORIZED REPRESENTATIVE

The foregoing is a statement of facts.

b. DATE

c. NAME AND TITLE

a. Function Code

a. Profile Code

6b. TELEPHONE NUMBER

a. TYPE

b. SMALL BUSINESS STATUS

PROFESSIONAL SERVICES REVENUE INDEX NUMBER

6. $2 million to less than $5 million

7. $5 million to less than $10 million

8. $10 million to less than $25 million

9. $25 million to less than $50 million

10. $50 million or greater

Other Employees

AUTHORIZED FOR LOCAL REPRODUCTION

Table of Contents

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

SECTION J - LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

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

RESPONDENTS

SECTION – M EVALUATION FACTORS FOR AWARD

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PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 Brief Description of Services/Supplies

Indefinite-delivery, indefinite-quantity (IDIQ) Architect-Engineer (A-E) services (non-project specific) under the Brooks Act as implemented in FAR Subpart 36.6 in support of the U.S. Food and Drug Administration’s (FDA) Jefferson Laboratories Complex in Jefferson, AR. Contractor shall provide all predesign, design and post-design services delineated in contract Task Orders (TOs) on a firm-fixed-price basis.

Work will require architectural disciplines as described herein on projects conceived to repair, improve and remodel buildings and other facilities. Asbestos removal and disposal may be included in some of these projects as a part of the demolition process.

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

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

B-2 Minimum and Maximum

Contract Minimum Guarantee

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

Maximum Amount

The maximum aggregate amount payable under this contract shall not exceed $4,000,000.00 for the five (5) year performance period (inclusive of options). The not-to-exceed amount is the maximum amount allowed under this contract but is not intended to imply that it is an estimate of the total services that will be required. The one-time guaranteed minimum order amount for the entire five-year period is $1,000.00.

B-3 Schedule of Negotiated Contract Labor Rates

The following fully burdened hourly rates shall apply to all task orders and any modifications thereto.

DISCIPLINE BASE

YEAR

OPTION

YEAR 1

OPTION

YEAR 2

OPTION

YEAR 3

OPTION

YEAR 4

Principal/Project Manager/Architect (Key Personnel)

Lead Architect (Key Personnel)

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DISCIPLINE BASE

YEAR

OPTION

YEAR 1

OPTION

YEAR 2

OPTION

YEAR 3

OPTION

YEAR 4

Lead LEED Consultant (Key Personnel)

Lead Mechanical Engineer (Key Personnel)

Lead Electrical Engineer (Key Personnel)

Architect

Planner

Intern Architect

Interior Designer (Key Personnel)

Construction Inspector

Specification Writer

Cost Estimator

CADD Operator

Draftsperson

Administrative Support

Mechanical Principal

Mechanical Eng. Sr.

Mechanical Eng. Jr.

Test and Balancing Tech

Specification Writer

Landscape Architect

Electrical Eng. Sr.

Electrical Eng. Jr.

Civil Eng. Sr.

Civil Eng. Jr.

Structural Eng. Sr.

Structural Eng. Jr.

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DISCIPLINE BASE

YEAR

OPTION

YEAR 1

OPTION

YEAR 2

OPTION

YEAR 3

OPTION

YEAR 4

Fire Protection Eng.

Surveyor (2 person crew)

Fixed price round-trip travel for full day on-site trip to

JLC.

B-4 Contract Schedule Modification Effected by Option Exercise

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

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Scope of Work

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

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

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

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

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SECTION D - PACKAGING AND MARKING

D-1 Marking Instructions for Reports

All information submitted to the Contracting Officer or to the Contracting Officer’s Representative (COR) shall clearly indicate on each shipment its organization name, and Contract and TO numbers.

D -2 Payment of Postage and Fees

All postage and fees related to distribution of deliverables including forms, reports, etc., shall be paid by the Contractor.

SECTION E - INSPECTION AND ACCEPTANCE

E-1 Inspection and Acceptance

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

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

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The full text of a clause may also be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/

FAR

Clause No. Title and Date

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

SECTION F - DELIVERIES OR PERFORMANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The full text of a clause may also be accessed electronically at this/these address (es):

https://www.acquisition.gov/far/

FAR

15-223-SOL-00055 11 of 39 https://www.acquisition.gov/far/

52.242.14 Suspension of Work (APR 1984)

F-2 Period of Performance

The contract period of performance is for one (1) year from the effective date of contract award plus four (4) 1-year option periods. The aforementioned period of performance terms for the options shall apply only if the Government exercises the option in accordance with FAR 52.217-9.

A period of performance will be specified for each individual TO. Performance may be required beyond the contract expiration date.

F-3 Delivery Information

Deliverables applicable to this contract shall be submitted to the following Contracting Officer:

FDA/NCTR

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

Deliverables applicable to task orders shall be submitted to the Contacting Officer/Contract Specialist identified in each task order.

F-4 Task Orders (TOs)

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

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

Proposals for TOs shall be submitted within fourteen (14) calendar days after receipt of the statement of work (SOW). If additional time is needed the contractor shall request additional time within three (3) calendar days after receipt of the SOW. Proposals shall include: (1) a schedule of performance; (2) a staffing plan including estimated man-hours by labor category.

Multiple TOs may be awarded with similar completion schedules and overlapping delivery dates.

Specific projects, as they are approved, will be accomplished by the negotiation and issuance of individual fixed-price TOs. When agreement has been reached with respect to the services to be performed, the fee and time for completion, the Government shall execute the TO on an OF 347 reflecting all terms and conditions agreed upon for each TO or other forms approved by the Government.

SECTION G - CONTRACT ADMINISTRATION DATA

G-1 Contracting Officer’s Representative (COR)

The Contracting Officer’s Representative (COR) responsible for the acceptance of work provided hereunder will be designated by separate correspondence. The term ‘‘COR’’ means the person who monitors the technical aspects of contract performance. The COR is not authorized to issue

15-223-SOL-00055 12 of 39 any instructions or directions which cause any increase or decrease in the scope of work which would result in the increase or decrease in the price of this contract, or changes in the delivery schedule or period of performance of this contract. If applicable, the COR is not authorized to receive or act upon any notification or revised cost estimate provided by the Contractor in accordance with the Limitation of Cost or Limitation of Funds clauses of this contract.

G-2 Technical Guidance

A. Performance of the work under this contract shall be subject to the technical Guidance of the

Contracting Officer’s Representative (COR). The term "technical guidance" is defined to include the following:

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

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

3. Perform technical evaluation as required;

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

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

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

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

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

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

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

Access to the Facility

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

15-223-SOL-00055 13 of 39

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

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

The individuals cited below are key personnel.

Name Title

Project Manager/ Architect

Lead Architect

Interior Designer

Lead LEED Consultant

Mechanical Engineer Consultant

Electrical Engineer Consultant

(End of clause)

G-4 Placing and Processing of Orders

A. Authorized Ordering Activities: The following activity(ies) or individual(s) is/are designated as

Ordering Officers under this contract:

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

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

B. Content of Order: Each TO placed under this contract shall include the following minimum information:

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

2. Description of the service to be provided.

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

Additional Information can include:

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

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

3. Delivery or performance date.

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

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

15-223-SOL-00055 14 of 39

6. Individual orders will reflect the requirement of particular circumstances as applicable.

Urgent orders will cite peculiar terms and requirements.

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

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

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

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

All permits and licenses procured for the FDA.

Document reproduction that is in addition to that required by each TO.

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

H.

G-5 Contract Administration

a. Administrative Contracting Officer Nick Sartain 3900 NCTR Road

HFT-320

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

b. Contractor’s Point of Contact

To Be Completed at Award

c. Technical Point of Contact- Contracting Officer’s Representative (COR) To Be Completed at Award

G-6 Invoice Submission

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

A. In accordance with FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (JUL 2013), all payments made under this contract shall be made using electronic funds transfer. The Contractor shall provide the following information to the Food and Drug Administration, OAGS, HFT-320, 3900 NCTR Road, Jefferson, AR 72079- 9502 on each invoice submission:

B. An original and two (2) copies shall be submitted to the attention of the Contract Contracting Officer/Contract Specialists identified in each TO.

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C. To constitute a proper invoice, the Contractor must submit the invoice on company letterhead and include:

i. Name and address of the contractor;

ii. Invoice date and invoice number;

iii. Contract number;

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

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

vi. Terms of any discount for prompt payment offered;

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

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

ix. Taxpayer identification number (TIN).

x. Electronic funds transfer (EFT) banking information.

xi. Name and telephone number of the FDA Contracting Officer’s Technical

Representative referenced on the contract; and

xii. Any other information or documentation required by the Contract

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

Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in FDA funded programs is encouraged to report such matters to the HHS Inspector Generals Office in writing or on the Inspector General’s Hotline. The toll free number is 1-800-HHS-TIPS (1-800- 447-8477). All telephone calls will be handled confidentially. The email address is HHStips@oig.hhs.gov and the mailing address is:

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

Washington, D.C. 20201

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

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

G-9 Contractor Performance Evaluation(s)

In accordance with Federal Acquisition Regulation (FAR) 42.15, FDA will complete annual and final contractor performance evaluations. Annual evaluations will be prepared to coincide with the anniversary date of the contract. Additional interim performance evaluations may be prepared at Contracting Officer discretion, as necessary. Final performance evaluations will be completed upon contract expiration.

FDA will utilize the Contractor Performance Assessment Reporting System (CPARS) in order to execute annual and final contractor performance evaluations. CPARS is a secure Internet website located at http://www.cpars.csd.disa.mil/cparsmain.htm. FDA will register the contractor in CPARS upon receipt of the name and email address of two (2) individuals who will be responsible for serving as the Contractor’s primary and alternate CPARS contacts. Once FDA registers the contractor in CPARS, the Contractor will receive an automated CPARS email message which contains User IDs and instructions for creating a password.

15-223-SOL-00055 16 of 39 mailto:HHStips@oig.hhs.gov

Once a performance evaluation is issued, the Contractor’s primary and alternate CPARS contact will receive an email instructing them to logon to CPARS in order to review the performance evaluation. The Contractor has 30 days from the date of performance evaluation issuance in which to review the evaluation. If the Contractor is in agreement with the performance evaluation outcome, the evaluation becomes final. Should the Contractor be in disagreement with the performance evaluation outcome, rebuttal comments must be submitted via the CPARS within 30 days from date the evaluation was issued by FDA. Any disagreement between the

Contracting Officer and the Contractor will be referred to a contracting official one level above the Contracting Officer, whose decision will be final.

Copies of each performance evaluation and contractor responses, if any, will be retained as part of the official contract file and will be used to support future award decisions. Evaluations will also be stored for a 3 year period in the Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov.

Contractors may obtain CPARS training material and register for on-line training at http://www.cpars.gov/allapps/cpcbtdlf.htm. There is no fee for registration or use of the CPARS.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998) they were given in full text. Upon request, the Contracting Officer will make their full text available.

The full text of a clause may also be accessed electronically at this/these address (es):

https://www.acquisition.gov/far/

FAR

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

H-2 FDA 1335 Personnel Security Clearance Requirements

1. BACKGROUND

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

Contractor employees who will be in DHHS-owned or leased space for less than thirty (30) calendar days are exempted from the background investigation requirement but shall still undergo a background check initiated by the NCTR RCRM Security Specialist. These contractor employees must be escorted at all time while in DHHS-owned or leased space.

2. GENERAL

15-223-SOL-00055 17 of 39

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 the NCTR RCRM Security Specialist.

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 NCTR RCRM, 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 NCTR RCRM shall 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 following a successful background check initiated by the NCTR RCRM Security Specialist, 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 shall be required to provide additional security information for a background investigation as specified in Paragraph 5 below.

b. Public Trust Positions (Levels 5 or 6) (SEE CHARTS B) – Positions in which the incumbent’s actions or inaction could diminish public confidence in the integrity, efficiency, or effectiveness of assigned Government activities, whether or not actual damage occurs.

The forms set forth by CHARTS B are required for Public Trust Positions (Levels 5 or 6).

Contractor employees assigned Levels 5 or 6 must receive a preliminary check as well as a background investigation.

In order to access the e-QIP system, Contractor employees must provide the NCTR RCRM 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 NCTR RCRM Security Specialist to the Contractor.

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

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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 NCTR RCRM Security Specialist at least ten (10) days prior to the commencement of work. Fingerprints shall 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 shall, 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 Office of Regulatory Compliance and Risk Management 3900 NCTR Road Bldg. 50, Room 304 Jefferson, AR 72079

Upon the receipt of a “favorable” fingerprint return, each Contractor employee must present two forms of identification in order to receive his or her badge. One form of identification must be a government-issued photo identification document. Acceptable forms of photo identification are referenced on the FDA Form 3391. Acceptable forms of secondary identification are listed on the back of the I-9 Form. This form can be obtained at http://uscis.gov/graphics/formsfee/forms/files/i- 9.pdf

An individual who receives an unfavorable report may appeal that finding by submitting a written request to the Personnel Security Staff.

4. BACKGROUND INVESTIGATIONS

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

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

• Review of prior Government/military personnel records;

• Review of FBI records and fingerprint files;

• Searches of credit bureaus;

• Personal interviews; and

• Written inquires covering the subject’s background.

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

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

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

15-223-SOL-00055 19 of 39 http://uscis.gov/graphics/formsfee/forms/files/i-9.pdf http://uscis.gov/graphics/formsfee/forms/files/i-9.pdf

Food and Drug Administration National Center for Toxicological Research Office of Regulatory Compliance and Risk Management, Security Specialist 3900 NCTR Road Bldg. 50, Room 304 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 shall be forwarded to the Office of Personnel Management (OPM) for scheduling background investigations.

NCTR RCRM 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 NCTR RCRM Security Specialist 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 NCTR RCRM Security Staff, in writing, with copies to the respective FDA COR and Contracting Officer.

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 the NCTR RCRM 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

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

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

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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

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 government

* Food and Drug Administration Attn: Food and Drug

Administration National Center for Toxicological

Research Safety Office, Building 50, Room

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

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

Office of Regulatory Compliance and Risk Management Security Specialist 3900 NCTR Road

870-543-7193, -7941

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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 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

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 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 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 If requested by the 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

Office of Regulatory Compliance and Risk Management Security Specialist

Building 50, Room 304 3900 NCTR Road

870-543-7193, -7941

15-223-SOL-00055 22 of 39

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

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

(End of clause)

H-4 FDA 1409 Subcontracting and Subcontractors

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

When required by the Contracting Officer, the Contractor shall submit for approval the names and addresses of any firms to be employed as subcontractors by the prime Contractor or any subcontractors. The Contractor must submit, or require the submission of, the following to the Contract Specialist:

1. The name and address of each subcontractor;

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

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

B. Contractor's responsibility for a Subcontractor. The Contractor shall be responsible for the acts of all Subcontractors and their employees while performing work at the project site or Contractor’s facility, regardless of the subcontractor’s contractual relationship to the Contractor.

Failure of any Subcontractor to complete the work described in its subcontract in a satisfactory manner, or without delay, will not excuse the Contractor from any delay in the completion of the entire contract, except as provided under Clause 52.249-7, Termination (Fixed-Price Architect- Engineer) (APR 1984) in Section I of this contract.

H-5 Government Inspectors

The work will be conducted under the general direction of the Contracting Officer and is subject to inspection by his/her designated inspectors to insure compliance with the terms of the contract. No inspector is authorized to change any provision of the specifications without written authorization of the Contracting Officer, nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract.

H-6 Advance Understandings

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It is understood that no contract for the construction of a project shall be awarded to the firm that designed the project or its subsidiaries or affiliates.

H-7 Construction Documents

In addition to the technical requirements attached hereto, the following shall apply to all construction documents produced under this contract.

a. Brand Name or Equal

Salient characteristics shall be provided for any and all brand name items listed in the construction documents.

b. Measurement

Measurements used in all documents produced or used under this contract shall be English and Metric.

H-8 Government Rights (Unlimited)

The Government shall have unlimited rights, in all drawings, designs, specifications, notes and other works developed in the performance of this contract including the right to use the same on any other Government design or construction without additional compensation paid to the Contractor. The Contractor hereby grants to the Government a paid-up license throughout the world to such works to which the Contractor may assert or establish any claim under the design patent or copyright laws relative to work performed under this contract. The Contractor, for a period of three years after completion of all contract work, agrees to furnish the original or a copy of all such works on the request of the Contracting Officer.

H-9 FDA Clause 1419 - Designation of Task Order/Delivery Order Ombudsman

In accordance with FAR 16.505(b)(5) and HHSAR 316.505(b)(5), the Director, Office of…