15-223-SOL-00107.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1147910

FDA/OO/OFBA/OAGS/DAP

OAGS - Field Operations Branch

Nick Sartain 3900 NCTR ROAD, Bldg. 50, Room 422

HFT-323

JEFFERSON AR 72079

Same as block 7

NICHOLAS SARTAIN 870-543-7370

1x 08/07/2015

15-223-SOL-00107

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

Building 14 and Building 53A Renovation at the U.S. Food and Drug Administration

(FDA) Jefferson Laboratories in Jefferson, AR.

Magnitude of Construction is over $10,000,000.00.

Acquisition is 100% set-aside for small Businesses.

A site visit is scheduled for 9:00 AM (Central Time) on August 19, 2015; offerors are highly encouraged to attend. Notification of intent to attend must be sent to

Nick Sartain at nick.sartain@fda.hhs.gov no later than Close of Business (COB)

August 18, 2015.

Questions concerning the project are required in writing to nick.sartain@fda.hhs.gov with the ultimate due date for questions is Close of Business (COB) August 26, 2015.

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

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

FAR Clause 52.211-10

09/09/2015

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

NSartain Typewritten Text See Section B

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

FDA/OO/OFBA/OAGS/DAP

OAGS - Field Operations Branch

Nick Sartain 3900 NCTR ROAD, Bldg. 50, Room 422

HFT-323

JEFFERSON AR 72079

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 59

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

15-223-SOL-00107

Delivery: 455 Days After Notice to Proceed

Delivery Location Code: NCTR

3900 NCTR ROAD

3900 NCTR ROAD

JEFFERSON AR 72079 US

FOB: Destination

1 Building 14 and Building 53A Renovation, see 1 EA

Section B, Paragraph B-2, Schedule of Items.

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

Sponsored by GSA

FAR (48 CFR) 53.110

Table of Contents

PART I- THE SCHEDULE

SECTION B- SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C- DESCRIPTION/SPECIFICATONS/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 REQUIREMENT

SECTION I- CONTRACT CLAUSES

SECTION J- LIST OF ATTACHMENTS

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

15-223-SOL-00107 4 of 59

PART I- THE SCHEDULE

SECTION B- SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 Purpose

Renovation of buildings 14 and 53A at the U.S. Food and Drug Administration (FDA) Jefferson Laboratories Complex in Jefferson, AR as detailed herein.

B-2 Schedule of Items

Contract Line Item No.

Description Quantity Unit Price

Phase 1 Construction (area highlighted in yellow in Section C-1 for illustration purposes only)- Building 14 West Renovation Removal and Relocation of Steam High Lines Covered Walkway between Bldgs. 10 and 54 Building 53A 1st Floor Renovation Building 53A New Air Handlers on Roof and connect to existing ductwork.

Work shall be accomplished in accordance with Specifications and Drawings:

Attachment J-1: Drawing: RENOVATION OF

BUILDING 14 LABORATORIES

Attachment J-2: Spec: RENOVATION OF

BUILDING 14 LABORATORIES

Attachment J-3: Drawing: RENOVATION OF

BUILDING 53A LABORATORIES

Attachment J-4: Spec: RENOVATION OF

BUILDING 53A LABORATORIES

Attachment J-5: Drawing: Bldg. 53A – REPLACE Air Handlers & 2nd Floor Offices Attachment J-6: Spec: Bldg. 53A – REPLACE Air Handlers & 2nd Floor Offices

Work shall be completed not later than 455 calendar days after receipt of the notice to proceed.

1 Job $

Phase 2 Construction (area highlighted in blue in Section C-1 for illustration purposes)

Building 14 East Renovation

Job

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Contract Line Item No.

Description Quantity Unit Price

Work shall be accomplished in accordance with Attachment J-1 and J-2 Specifications and Drawings:

Attachment J-1: Drawing: RENOVATION OF

BUILDING 14 LABORATORIES

Attachment J-2: Spec: RENOVATION OF

BUILDING 14 LABORATORIES

Work shall be completed not later than 365 proceed. The Notice to Proceed for Phase 2 is not expected to be issued until three (3) months after substantial completion of Phase 1 completion to accommodate the Government’s moving phase addressed in Section C-1.

Option for Increased Quantity—Separately Priced Line Item. See FAR Clause 52.217-7 in Section I-1

Option Item: Building 53A 2nd Floor (area highlighted in blue in Section C-1 for illustration purposes)-

Work shall be accomplished in accordance with Attachment J-3 and J-4 Specifications and Drawings.

Attachment J-3: Drawing: RENOVATION OF

BUILDING 53A LABORATORIES

Attachment J-4: Spec: RENOVATION OF

BUILDING 53A LABORATORIES

proceed. Notice to proceed will be issued during Phase 2 construction if this option is exercised.

1 Job $

15-223-SOL-00107 6 of 59

No.

Option Item: Building 53A Chiller Replacement (area highlighted in purple in Section C-1 for illustration purposes)

Work shall be accomplished in accordance with Attachment J-7 and J-8 Specifications and Drawings.

Attachment J-7: Drawing: Bldg. 53A CHILLER

2 REPLACEMENT

Attachment J-8: Spec: Bldg. 53A CHILLER 2

REPLACEMENT

calendar days after the receipt of the notice to proceed. It is anticipated that the notice to proceed will be issued during Phase 1 construction if this option is exercised.

1 Job

Option Item: Install Covered Walkway between Building 14 and the campus mall (area highlighted in Pink in Section C-1 for illustration purposes).

Work shall be accomplished in accordance with:

Attachment J-1: RENOVATION OF

BUILDING 14 LABORATORIES

Attachment J-2: RENOVATION OF

BUILDING 14 LABORATORIES

proceed. It is anticipated that the notice to proceed will be issued during Phase 2 construction if this

Job

15-223-SOL-00107 7 of 59

No.

option is exercised.

Total Price CLINs 1-5

SECTION C- DESCRIPTION/SPECIFICATONS/STATEMENT OF WORK

C-1 Scope of Work

Independently and not as an agent of the Government, the Contractor shall furnish the necessary management, supervision, personnel, materials, equipment, services, facilities, and otherwise do or provide all things necessary for or incident to the performance of the work set forth herein inclusive of the Part III, Section J, Attachments No. J-1 through Attachment No. J-8.

This project consists of the renovation of Buildings 14 and 53A. Building 14 footprint is approximately 43,519 GSF of laboratories, offices, warehouse, and animal holding areas on the 1st floor. Offices will be added to perimeter of the building increasing the size of the building footprint to approximately 57,148 GSF. The mechanical and electrical systems will be located on the original roof of Building 14 and which is now covered by a new large metal structure and roof system. Building 53A consists of approximately 10,000 GSF of animal holding space on the 1st floor and 10,000 GSF of labs on the 2nd floor. The new air handlers will be located on the roof of Building 53A.

Phase 1 Construction - Building 14 West will be renovated as a laboratory facility. Building 53A 1st floor will be renovated as an animal holding area and new air handlers will be installed on the roof of Building 53A. The old air handlers will be removed from the 2nd floor mechanical room. A Covered Walkway and new steam lines will be constructed between Buildings 54 and 10. The steam high lines North of Building 14 will be removed and new lines will be routed through Building 14.

A Government Moving Phase will take place when Phase 1 Construction is completed and will consist of moving people and equipment into the newly renovated Phase 1 Construction. The contractor will be responsible for relocating Biosafety Cabinets as indicated on the drawings. Other scientific equipment will be moved by another contractor. The moving phase is estimated to take 3

15-223-SOL-00107 8 of 59 months. Once the moving phase is complete, Building 14 East (labs, offices and animal holding areas) and Building 53A 2nd floor (labs and offices) will be vacated.

Phase 2 Construction - Building 14 East and, as an option, 53A 2nd floor labs will be renovated.

Government Furnished Property and Services:

The Government will furnish water, electricity, and connection to sanitary sewer at an existing site at no cost; however, the Contractor shall be responsible for all temporary connections to those existing outlets. Just North of Building 14 (shown in yellow is where the Contractor’s office trailer shall be located). The Government will not provide any other property or services.

15-223-SOL-00107 9 of 59

SECTION D- PACKAGING AND MARKING

D-1 Marking Instructions for Reports

The contractor shall mark each shipment with its organization name, contract number, item number, and quantity (indicate partial or final shipment). As appropriate note on the face page of the report and when feasible on the binding (1) “one volume only” or (2) “volume 1 of 2, volume 2 of 2” etc.

D-2 Payment of Postage and Fees

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

SECTION E- INSPECTION AND ACCEPTANCE

E-1 Inspection and Acceptance Pursuant to the FAR 52.246-12, Inspection of Construction clause below, and upon notice by the Contractor that the work is substantially complete, final inspection and acceptance of all items called for by this contract shall be made by the Contracting Officer (CO) or his/her designated Contracting Officer’s Representative (COR). The Contractor shall be responsible for any countermeasures or corrective action, within the scope of this contract, which may be required by the CO as a result of such inspection.

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

https://www.acquisition.gov/?q=browsefar

FAR

15-223-SOL-00107 10 of 59 https://www.acquisition.gov/?q=browsefar

Clause No. Title and Date

52.246-12 Inspection of Construction (AUG 1996)

E-3 Government Inspectors

The work shall be conducted under the general direction of the CO and is subject to inspection by his/her COR 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 CO, nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract.

SECTION F- DELIVERIES OR PERFORMANCE

F-1 Reports/Deliverables

Unless otherwise noted, all reports/deliverables shall be delivered to the attention of the Contract Specialist (CS), OAGS, Building 50 Room 422, 3900 NCTR Road, Jefferson, AR 72079.

The Contractor shall submit the following reports/deliverables:

Scheduled Items Qty Due Dates

1. FDA Form 3391 1/person

Upon notice of clearance under Preliminary security checks. Submit to NCTR Safety Office, Building 50, Room 304.

2. Performance and Payment Bonds 1 Within 10 calendar days after contract award

3. Pre-construction conference 1 Within 7 calendar days after contract award

4. Listing of Contractor Employees 1

7 calendar days prior to commencement of on-site work.

Submit to NCTR Safety Office, Building 50, Room 304.

5. Certificate of Insurance and Safety Plan 1 Prior to commencement of work.

6. Preliminary Construction Performance Schedule

NLT 10 calendar days after receipt of notice to proceed submit preliminary schedule. Submit complete schedule as outlined in Section H-9. Submit to

COR.

15-223-SOL-00107 11 of 59

7. Schedule of Values 3 Within 30 calendar days after the notice to proceed

8. Invoice 3 Not more frequently than monthly

9. Submittals

Hardcopies

/ 1 Electronic in PDF format

Far enough in advance of scheduled dates of installation to provide 30 calendar days for reviews, approvals, possible revisions and resubmittals and for placing orders and securing delivery.

10. Updates to construction schedule 2 Monthly to COR.

11. Certification Statement & Payrolls 1 Monthly with Invoice

12. Progress Meetings and minutes Electronic

Copy in PDF format.

Once every two weeks.

13. Project Record Drawings/AS-Builts

3 hardcopy & 1 electronic copy in

PDF format

No later than 30 calendar days prior to submission of final invoice

14. O & M Manuals

3 and 1 electronic copy in PDF format.

No later than 30 calendar days prior to submission of final invoice

15. Warranties

3 and 1 electronic copy in PDF format.

No later than 30 calendar days prior to submission of final invoice

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

https://www.acquisition.gov/?q=browsefar http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html

15-223-SOL-00107 12 of 59 http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html

FAR

Clause No. Title and Date 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) “(a) 10; (c) see Section B of the contract.”

52.242-14 Suspension of Work (APR 1984)

SECTION G- CONTRACT ADMINISTRATION DATA

G-1 Contracting Officer’s Representative (COR)

The 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 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 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.

15-223-SOL-00107 13 of 59

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 CO, in writing, within five (5) working days after the receipt of any such instruction or direction. Upon receiving such notification from the Contractor, the CO shall determine whether or not a modification is necessary, take appropriate action and advise the Contractor accordingly. The Contractor shall thereupon proceed immediately with the direction given. Any failure of the parties to agree upon the nature of the instruction or direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the contract Clause entitled "Disputes."

The Contractor shall contact the FDA's COR prior to performance to arrange for the following:

Access to the Facility

G-3 Contract Administration

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

HFT-320

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

b. Contractor’s Point of Contact To be completed at time of award Name:

Office:

Cell:

Email:

c. Technical Point of Contact-Contracting Officer’s Representative (COR) To be completed at time of award.

Name:

Office:

Email:

G-4 HHSAR 352.242-70 Key Personnel (January 2006)

15-223-SOL-00107 14 of 59 mailto:nick.sartain@fda.hhs.gov

The key personnel specified in this contract are considered to be essential to work performance. At least 30 calendar 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 CO 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 CO. 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 ____________________________ On-Site Superintendent ____________________________ LEED Construction Coordinator

(End of clause)

G-5 Bonding Requirement

Acceptable Performance and Payment Bonds shall be furnished to the CO by the Contractor within ten (10) calendar days after date of contract award. Notice to Proceed will not be given until all bond requirements are satisfactorily met. Bonds shall be delivered to:

Food and Drug Administration National Center for Toxicological Research Attention: Nick Sartain, Contract Specialist 3900 NCTR Road, HFT-320, Bldg. 50, Rm 422 Jefferson, AR 72079-9502

The penal amount of the performance bond shall be 100% of the original contract price.

The penal amount of the payment bond shall equal:

1. 100% of the original contract price; and

2. If the contract price increases, an additional amount equal to 100% of the increase; and

3. The amount of the Payment Bond must be no less than the amount of the Performance Bond.

Any increase in the contract price shall require an increase in performance and payment bond.

The surety(ies) shall be acceptable to the Government and a “Power of Attorney” of the agent authorized to certify under the surety’s seal shall be furnished with the bond. Standard Form 25 “Performance Bond” and 25A “Payment Bond” can be obtained electronically at

15-223-SOL-00107 15 of 59 http://www.gsa.gov/portal/forms/type/SF. Contractors and sureties shall follow the instructions on the back of the form. See FAR Clause 52.228-15 included in Section I.

G-6 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 General’s Office in writing or on the Inspector General’s Hotline. The toll free number is 1-800-HHS-TIPS (1-800- 447-8477). All telephone calls will be handled confidentially. The email address is HHStips@oig.hhs.gov and the mailing address is:

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

Washington, D.C. 20201

Information regarding procedural matters is contained on the HHS/OIG website at:

http://oig.hhs.gov/fraud/

G-7 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 the CO’s 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 https://www.cpars.gov/main/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.

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 14 calendar 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 CO and the Contractor will be referred to a contracting official one level above the CO, whose decision will be final.

15-223-SOL-00107 16 of 59 http://oig.hhs.gov/fraud/ https://www.cpars.gov/main/cparsmain.htm

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 (6 years for construction) 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 https://www.cpars.gov/main/cparsmain.htm. There is no fee for registration or use of the CPARS system.

SECTION H- SPECIAL CONTRACT REQUIREMENT

H-1 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

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. “Commitment to Protect Non-public Information Employee 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

15-223-SOL-00107 17 of 59 https://www.cpars.gov/main/cparsmain.htm 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.

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

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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.

15-223-SOL-00107 19 of 59 http://uscis.gov/graphics/formsfee/forms/files/i-9.pdf

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

Food and Drug Administration National Center for Toxicological Research Office of Regulatory Compliance and Risk Management, Security Specialist 3900 NCTR Road Bldg. 50, Room 304

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.

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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:

CHART A

Mandatory for all on-site contract employees

NON-SENSITIVE

POSITIONS -

LEVEL 1

FORM NAME

OBTAIN

FROM

WHEN

REQUIRED

SUBMIT

TO

DATE

REQUIRED

FDA Form 3391 - FDA Security Card

Access Request

COR.

Sponsorship must be provided by

FDA COR.

All positions on DHHS property or leased space

Food and Drug Administration

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

Administration National Center for

Toxicological Research Safety Office, Building

50, Room 304 3900 NCTR Road

**Form must be submitted by Security

Rep.

Form must be received prior to making fingerprint appointment.

Commitment to Protect Non-Public Information (NPI)

Employee

Contracting Officer

All positions with access to non-public privileged, proprietary, or

Contracting Officer for retention in contract file

Ten (10) calendar days prior to commencement

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NON-SENSITIVE

POSITIONS -

LEVEL 1

Agreement form trade secret information

If requested by the government 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 304 3900 NCTR Road

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

Ten (10) calendar days prior to commencement of work

SF 85 -

Questionnaire for

Non-Sensitive Positions

Online via OPM’s e-

QIP system

For Non U.S.

Citizens only

Non-Sensitive Positions -

Level 1 Clearance

*Submit to OPM online via the e-QIP system

Ten (10) calendar days upon request of the Contracting

Officer

FD 258 -

Fingerprint Chart

(2 Charts Required)

Fingerprinting services available by appointment only.

Call (870) 543-

Contracting Officer

Non-Sensitive Positions -

Level 1 Clearance

When Requested by government

* Food and Drug Administration

Attn: Food and Drug Administration

National Center for Toxicological Research Safety Office, Building

50, Room 304 3900 NCTR Road

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

Ten (10) calendar days prior to 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.

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

Food and Drug Administration Attn: Food and Drug Administration

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

3900 NCTR Road

870-543-7193, -7941

CHART B

Public Trust Positions - Levels 5 or 6

FORM NAME

OBTAIN

FROM

WHEN

REQUIRED

SUBMIT

TO

DATE

REQUIRED

SF 85P -

Questionnaire for

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

Form must be received prior to making fingerprinting appointment.

15-223-SOL-00107 23 of 59

Positions - Levels 5 or 6

50, Room 304 3900 NCTR Road

**Form must be submitted by Security Rep.

Commitment to

Protect Non-Public Information (NPI)

Employee 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 of work

H-2 Payments to Contractors

Progress payments will be made in accordance with the Clause 52.232-5 entitled "Payments Under Fixed-Price Construction Contracts (MAY 2014)" in Part II, Section I, supplemented as follows:

A. Before the first progress payment under the contract becomes due, the Contractor shall prepare a schedule, acceptable to the CO, of the estimated values of each principal category of the work which, when added together, will be used for determining progress payments and shall be in such detail as may be required by the CO. The cost of preparatory work, overhead, profit, bonds and insurance, taxes, warranties, as-built drawings, etc., shall be prorated into items of work throughout the contract.

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B. Payments for material delivered on site may be made for material with a unit price of $500.00 or higher provided payment requests are accompanied by itemized inventory lists, supporting invoices showing unit costs of those materials, and unequivocal proof of payment by the Contractor to the Supplier; payments will be limited to 60% of the billed and supported amount. Absolutely no material payments will be made for material delivered on site with a unit price of less than $500.00, for material delivered on site for which the Contractor has not already paid the supplier, or for any material delivered to the Contractor at locations other than the site.

C. The Contractor, prior to receiving a progress or final payment under this contract, shall submit to the CO a certification that the Contractor has made payment from the proceeds of prior payments, or that it will make timely payment then due, to its Subcontractor and suppliers in accordance with contractual arrangements with them.

D. After completion of the work, and prior to final payment, the Contractor shall furnish to the CO a release of claims against the United States arising out of the Contractor, other than claims specifically excepted from the operation of the release.

H-3 Invoice Submission

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

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

Department of Health and Human Services Food and Drug Administration National Center for Toxicological Research Attention: Nick Sartain, Contract Specialist Office of Acquisitions & Grants Services, HFT-320 3900 NCTR Road, Bldg. 50, Rm 422 Jefferson, AR 72079-9502

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

B. One copy to the COR clearly marked “courtesy copy only”:

To be completed at time of award.

C. Invoices submitted under this contract must comply with the requirements set forth in FAR clauses 52.232-25 (Prompt Payment), 52.232-27 (Prompt Payment for Constructions Contracts), 52.232-33 (Payment by Electronic Funds Transfer – System for Award Management), 52.232-5 entitled "Payments Under Fixed-Price Construction Contracts” and/or other applicable FAR clauses specified herein. To constitute a proper invoice, the invoice must be submitted on company letterhead and include each of the following:

(i) Name and address of the contractor;

15-223-SOL-00107 25 of 59 mailto:nick.sartain@fda.hhs.gov

(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. Bank name, routing and account number.

(xi) Name and telephone number of the FDA COR referenced on the contract;

(xii) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(xiii) A listing of the amount included for work performed by each subcontractor under the contract.

(xiv) A listing of the total amount of each subcontract under the contract.

(xv) A listing of the amounts previously paid to each such subcontractor under the contract.

(xvi) Additional supporting data in a form and detail required by the CO; and

(xvii) Any other information or documentation required by the Contract.

D. Questions regarding invoice payments should be directed to the FDA payment office at:

Food and Drug Administration Attn: Division of Payment Services 3900 NCTR Road, HFT-324 Building 50, 6th floor suite 616 Jefferson, AR 72079 Fax 870-543-7224 nctrinvoices@fda.hhs.gov

E. an electronic invoice is acceptable if submitted in adobe acrobat (PDF) format. All items listed in

(i) through (xvii) of this clause must be included in the electronic invoice.

H-4 Contract Changes

The provisions of Clauses 52.243-4, Changes, in Part II, Section I, is supplemented as follows:

A. All proposals for equitable adjustments due to changes in the work shall be submitted in a lump-sum amount.

B. With each lump-sum proposal for a change involving either an increase or decrease in the amount of the contract, or an extension or an acceleration of the period of performance, the

15-223-SOL-00107 26 of 59 mailto:nctrinvoices@fda.hhs.gov

Contractor shall promptly submit, by separate trades, an itemized breakdown that will include the following:

1. Material quantities and unit prices;

2. Labor costs (broken down by contractor and each subsequent subcontractor by trades, hours worked, and hourly rates;

3. Construction equipment costs;

4. Workmen's Compensation and Public Liability Insurance costs;

5. Overhead costs;

6. Profit;

7. Employment Taxes, and those resulting from the Federal Insurance Contribution Act (FICA) and Federal Unemployment Tax Act (FUTA), and State Unemployment Act (SUTA);

8. Any effect of the change on the time required to complete the job, increase or decrease; and

9. Any increase or decrease in bond coverage.

C. When, either because of insufficient time to review and negotiate a proposed change or through failure of the parties to reach an agreement, the Government may order the Contractor to proceed, on the basis of a price to be determined later (at the earliest practicable date) which will not be more than the increase or less than the decrease stated in the proceed order.

D. Allowable overhead, profit, and commission percentages shall be considered to include, but not be limited to, insurance other than mentioned herein, field and office supervisors and assistants, use of small tools, incidental job burdens, and general office expense. No percentage for overhead, profit or commission will be allowed on employment taxes under FICA, FUTA and SUTA.

E. The percentages for overhead, profit, and commission to be allowed by the Government may vary according to the nature, extent, and complexity of the work involved, and will be negotiated under each individual change order.

F. On proposals involving a combination of increases and decreases in the amount of the contract, the overhead, profit, and commission will be allowed on the net difference between the direct costs of the increases and decreases only.

H-5 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 capable of performing the work.

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

1. The name and address of each subcontractor;

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

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

When required by the CO, the Contractor shall submit for approval the names and addresses of any firms to be employed as…