16-223-SOL-00006_amendment_2.pdf

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 Services

The Contractor shall staff, operate and perform support services for the operations, maintenance, and repair of facilities at the Jefferson Laboratories Complex (JLC), Jefferson, Arkansas in accordance with the terms, conditions and Performance Work Statement contained herein. (See Part 1, Section C, Scope of Work and Part III, Section J, Attachment 1 – Performance Work Statement (PWS), and appendices thereto, as identified in Section J- List of Attachments, to this contract.

B-2 Compensation - Fixed Price Lump Sum

The Government shall pay the Contractor in accordance with the following price schedule.

Fixed-Price Lump-Sum Work

Contract Line Item No.

Description Total Price

Phase-in Period (20 days) (9/1/2016 to 9/20/2016)

No.

Description Monthly Total Price

Base Period of Performance reference Section F-2 Fixed-Price in accordance with requirements identified in Section C-1

Option Item. (FAR Clause 52.217-7) Base Period of Performance reference Section F-2 Fire Extinguisher Task; see Appendix XIV of the PWS

Option Item. (FAR Clause 52.217-7) Base Period of Performance reference Section F-2 EMCS Coordinator; see Section 16.1 of the PWS, Section J Attachment 1.

5 Option Year 1. Same as Item 2 description

6 Option Year 1: (FAR Clause 52.217-7) Fire Extinguisher Task; see Appendix XIV of

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No.

Description Monthly Total Price the PWS

Option Year 1: (FAR Clause 52.217-7) EMCS Coordinator; see Section 16.1 of the PWS, Section J Attachment 1.

8 Option Year 2: Same as Item 2 description

Option Year 2: (FAR Clause 52.217-7) Period of Performance Fire Extinguisher Task; see Appendix XIV of the PWS

Option Year 2: (FAR Clause 52.217-7) EMCS Coordinator; see Section 16.1 of the PWS, Section J Attachment 1.

11 Option Year 3: Same as Item 2 description

Option Year 3: (FAR Clause 52.217-7) Fire Extinguisher Task; see Appendix XIV of the

PWS

Option Year 3: (FAR Clause 52.217-7) EMCS Coordinator; see Section 16.1 of the PWS, Section J Attachment 1.

14 Option Year 4: Same as Item 2 description

Option Year 4: (FAR Clause 52.217-7) Period of Performance Fire Extinguisher Task; see Appendix XIV of the PWS

Option Year 4: (FAR Clause 52.217-7) EMCS Coordinator; see Section 16.1 of the PWS, Section J Attachment 1.

17 Option Period 5: Same as Item 2 description

Option Period 5: (FAR Clause 52.217-7) Period of Performance Fire Extinguisher Task;

see Appendix XIV of the PWS

Option Period 5: (FAR Clause 52.217-7) EMCS Coordinator; see Section 16.1 of the PWS, Section J Attachment 1.

Total Price CLINs 1-19

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B-3 Indefinite Delivery/Indefinite Quantity Work

A. Additional Work Task Orders-Indefinite Delivery/Indefinite Quantity Work

The Government will issue Task Orders (TO) in accordance with the terms of the contract.

B. Tables 1 through 6 below are for evaluation purposes only.

The fixed hourly rates shall include all direct labor cost, indirect labor cost, general and administrative cost and profit or fee.

1. ESTIMATED INDEFINITE QUANTITY WORK-TASK ORDERS BASE YEAR

TOTAL

Hourly Rate ESTIMATED

Est.

Labor Hours

Fully Burdened (To be negotiated) AMOUNT

Electrician 50 $ $ Grounds Maintenance Laborer 50 $ $ HVAC Mechanic 50 $ $ Instrument Mechanic 50 $ $ Laborer 50 $ $ Lead Craftsman III 50 $ $ Lead Craftsman II 50 $ $ Lead Craftsman I 50 $ $ Maintenance Mechanic 50 $ $ Maintenance Trades Helper 50 $ $ Material Coordinator 50 $ $ Millwright 50 $ $ Plumber/Pipefitter 50 $ $ Sheet Metal Worker 50 $ $ Tractor Operator 50 $ $ Total Estimated Hours 750 Total Estimates Total Est. Amount

2. SCHEDULE OF INDEFINIATE QUANTITY WORK- TASK ORDERS Option Year 1

Hours

Electrician 100 $ $ Grounds Maintenance Laborer 100 $ $ HVAC Mechanic 100 $ $

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Instrument Mechanic 100 $ $ Laborer 100 $ $ Lead Craftsman III 100 $ $ Lead Craftsman II 100 $ $ Lead Craftsman I 100 $ $ Maintenance Mechanic 100 $ $ Maintenance Trades Helper 100 $ $ Material Coordinator 100 $ $ Millwright 100 $ $ Plumber/Pipefitter 100 $ $ Sheet Metal Worker 100 $ $ Tractor Operator 100 $ $ Total Estimated Hours 1,500

3. SCHDULE OF INDEFINITE QUANITITY WORK- TASK ORDERS Year 2

Hours

HVAC Mechanic 100 $ $ Instrument Mechanic 100 $ $ Laborer 100 $ $ Lead Craftsman III 100 $ $ Lead Craftsman II 100 $ $ Lead Craftsman I 100 $ $ Maintenance Mechanic 100 $ $ Maintenance Trades Helper 100 $ $ Material Coordinator 100 $ $ Millwright 100 $ $ Plumber/Pipefitter 100 $ $ Sheet Metal Worker 100 $ $ Tractor Operator 100 $ $

4. SCHEDULE OF INDEFINITE QUANTITY WORK-TASK ORDERS Option Year 3

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Hours

HVAC Mechanic 100 $ $ Instrument Mechanic 100 $ $ Laborer 100 $ $ Lead Craftsman III 100 $ $ Lead Craftsman II 100 $ $ Lead Craftsman I 100 $ $ Maintenance Mechanic 100 $ $ Maintenance Trades Helper 100 $ $ Material Coordinator 100 $ $ Millwright 100 $ $ Plumber/Pipefitter 100 $ $ Sheet Metal Worker 100 $ $ Tractor Operator 100 $ $

5. SCHEDULE OF INDEFINITE QUANTITY WORK-TASK ORDERS OPTION YEAR 4

Hours

HVAC Mechanic 100 $ $ Instrument Mechanic 100 $ $ Laborer 100 $ $ Lead Craftsman III 100 $ $ Lead Craftsman II 100 $ $ Lead Craftsman I 100 $ $ Maintenance Mechanic 100 $ $ Maintenance Trades Helper 100 $ $ Material Coordinator 100 $ $ Millwright 100 $ $ Plumber/Pipefitter 100 $ $ Sheet Metal Worker 100 $ $ Tractor Operator 100 $ $

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6. SCHEDULE OF INDEFINITE QUANTITY WORK-TASK ORDERS OPTION PERIOD 5

Hours

Electrician 50 $ $ Grounds Maintenance Laborer 50 $ $ HVAC Mechanic 50 $ $ Instrument Mechanic 50 $ $ Laborer 50 $ $ Lead Craftsman III 50 $ $ Lead Craftsman II 50 $ $ Lead Craftsman I 50 $ $ Maintenance Mechanic 50 $ $ Maintenance Trades Helper 50 $ $ Material Coordinator 50 $ $ Millwright 50 $ $ Plumber/Pipefitter 50 $ $ Sheet Metal Worker 50 $ $ Tractor Operator 50 $ $ Total Estimated Hours 750

B-4 Minimum and Maximum Quantities for IDQ portion

The contract’s guaranteed minimum is the firm-fixed-price tasks for the base period of the contract.

The contract’s estimated maximum IDQ- Task Order amount shall not exceed $1,000,000.00 per year.

B-5 Handling fee for materials and subcontracts

Handling fee for materials and subcontracts for task orders shall not exceed _________%.

B-6 Total Estimated Contract Price/Costs (Phase-In Period, Base Year and Four Option Periods)

A. Total Price CLINs 1-19 $______________

B. Estimated Task Orders – Indefinite Quantity/Indefinite Delivery Work Base and all options. B-3 Tables 1 through 6 $ ______________

C. Estimated task order materials- 5 years $300,000 x __%(B.5 above) $______________

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D. Estimated task order subcontracts- 5 years $250,000 x __%(B.5 above)$______________

ESTIMATED GRAND TOTAL $__________________

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1 Scope of Work

Independently and not as an agent of the Government, the Contractor shall furnish the necessary personnel, materials, services, facilities, and otherwise do all things necessary for or incident to the performance of the work set forth herein and in Attachment No. 1, Performance Work Statement (PWS) and appendices thereto, as identified in Part III, Section J - List of Attachments to this contract. The performance of work is subject to the Collective Bargaining Agreement (CBA) and the Service Contract Act as applicable.

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SECTION D - PACKAGING AND MARKING

D-1 Marking Instructions for Reports

The Contractor shall mark each shipment with its organizational 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.

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SECTION E - INSPECTION AND ACCEPTANCE

E-1 Inspection and Acceptance

Pursuant to the appropriate inspection clause as provided 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, AR 72079-9502.

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): [https://www.acquisition.gov/far/]

FAR

Clause No. Title and Date

52.246-2 Inspection of Supplies - Fixed-Price (AUG 1996)

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

52.246-12 Inspection of Construction (AUG 1996)

52.246-16 Responsibility for Supplies (APR 1984)

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SECTION F - DELIVERIES OR PERFORMANCE

F-1 Reports/Deliverables

The Contractor shall provide the required reports referenced in the PWS Section J, Attachment 1 through Attachment 3 to the ACO and COR.

F-2 Period of Performance

Phase-in September 1, 2016 through September 20, 2016 Base Period September 21, 2016 through March 20, 2017 Option Year 1 March 21, 2017 through March 20, 2018 Option Year 2 March 21, 2018 through March 20, 2019 Option Year 3 March 21, 2019 through March 20, 2020 Option Year 4 March 21, 2020 through March 20, 2021 Option Period 5 March 21, 2021 through September 20, 2021

F-3 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): Internet address:

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

FAR

Clause No. Title and Date

52.242-15 Stop-Work Order. (AUG 1989) 52.242-17 Government Delay of Work. (APR 1984)

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SECTION G - CONTRACT ADMINISTRATION DATA

G-1 Contracting Officer’s Representative (COR)

The COR responsible for the acceptance of work provided hereunder. 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. The COR is not authorized to receive or act upon any notification or revised cost estimate provided by the Contractor.

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” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily. The term "technical guidance" is 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 shall 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 may be issued oral or in writing by the COR. The COR shall confirm oral direction in writing within five (5) working days with a copy to the CO.

D. The Contractor shall proceed promptly with the performance of technical guidance duly issued

16-223-SOL-00006 Amendment 2 12 of 54 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 one (1) working days after the receipt of any such instruction or direction. 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 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 delivery to arrange for the following:

Access to the Facility

G-3 COR Appointment (COR)

The COR assigned to this contract is:

To be completed at time of award.

G-4 Control of Property

In addition to the applicable "Government Property" FAR Clause 52.245-1 in Part II, Section I, the Contractor shall comply with the provisions of DHHS publication "Contractor's Guide for Control of Government Property," which is hereby incorporated by reference. The guide is available on the HHS website: http://www.hhs.gov/oamp/policies/Contractors_guide_for_control_of_gov_property.pdf All references in the Guide to the acquisition cost threshold for accountable property are changed to $5,000, and the Sensitive Item List is replaced by the following list:

Central Processing Units (CPU) Assemblies Weapons (including tranquilizer guns)

Additionally all references to HHS 565 in the Guide are deleted. The form is obsolete. The Contractor shall inventory all accountable Government property and submit a list of that property to the Contracting Officer on commencement of the contract, usually concurrent with transfer of the property, annually on the anniversary of contract award, and within 90 days after completion or termination of the contract.

The inventory list, reflecting each item of accountable property as a separate line item, should contain the following data elements:

1. Barcode/tag number

2. Item name/description

3. Manufacturer's name

4. Manufacturer's model number

5. Manufacturer's serial number

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6. Unit cost

7. Date received/inventoried

8. Contract number

9. Remarks (optional)

G-5 Government Furnished Property and Facilities

The Government will provide the following property and facilities under this contract. The Contractor is responsible for accountability and security of all Government-owned property and facilities for which it is entrusted. The Contractor is also responsible for maintaining all Government-owned property and facilities in a clean, serviceable condition. Except for reasonable wear and tear and property consumed in the performance of this contract, the Contractor assumes the risk of and is responsible for any loss or damage to Government property.

A. Facilities. The facilities listed in Appendix XII in the PWS, will be furnished for Contractor use. The operation, maintenance, and repair of these facilities are included with the PWS.

Repairs necessitated by Contractor misuse or negligence will be accomplished by the Contractor at his expense. Alterations made for the benefit of the Contractor must have prior approval of the Contracting Officer and may or may not, at the discretion of the Contracting Officer, be paid for by the Government.

B. Equipment. Pursuant to the “Government Property” FAR Clause 52.245-1 in the Contract, the Government will furnish the items listed in Attachment J-3 Appendix VII in the PWS. The maintenance of equipment is included within the PWS.

1. In addition to the applicable Government Property clause in in Section I, the Contractor shall comply with the provisions of DHHS Publication “Contractor’s Guide for Control of Government Property”, which is incorporated by reference, regarding both Government furnished property and direct purchase of equipment by the Contractor.

2. The warranty provisions on all equipment, component parts, and accessories shall be safeguarded during the full duration of the warranty period by complying with all manufacturers’ requirements regarding maintenance manufacturer warranty obligations.

3. The equipment operating manuals and suppliers catalogs presently maintained by the incumbent Contractor will be turned over to the successor Contractor during the phase-in period. A joint inventory shall be taken of the equipment operating manuals; the Contractor shall identify to the COR those operating manuals that are missing. At the expiration of the contract, a joint inventory shall again be taken and the Contractor shall replace any lost or destroyed manuals. All files, records, manuals, and worksheets turned over to the Contractor during the contract shall remain or becomes the property of the Government and shall be returned to the government at the expiration of this contract. The Government will have the right to inspect or copy any files, records, maps, worksheets, or any other technical material during this contract.

4. The cost for repairs and replacement of Government furnished equipment due to Contractor misuse or negligence will be chargeable to the Contractor.

C. Joint Inventory of Non-Expendable Property. Prior to start of the performance period, the

Contractor shall conduct a joint inventory with the Government and acknowledge receipt of all non-expendable property provided by the Government. The Contractor and the COR or his designee shall jointly determine the working condition of all equipment. Items of equipment not in working order and any discrepancies found beyond normal wear and tear shall be noted. The Contractor and the COR will certify to the accuracy of the joint inventory with any/all

16-223-SOL-00006 Amendment 2 14 of 54 discrepancies noted. All applicable items found, that are not included in Attachment J-3 Appendix VII in the PWS will be reported to the COR and the Contractor shall provide an updated Appendix VII as equipment is added/removed throughout the performance of the contract.

(1) The Contractor and the COR or his designee shall conduct an annual joint inventory on non-expendable property. This inventory shall be documented as described in sub-paragraph C, above.

(2) A joint inventory of non-expendable property shall be conducted upon completion of this contract and shall be documented as described in sub-paragraph C, above.

D. The Contractor shall take control and manage an existing Government owned stock store of spare parts, maintenance-related supplies and materials located at JLC. This stock will service as the Contractor’s initials source of supply for performance.

E. Utilities. The Government will furnish electricity, natural gas, fuel oil, steam, water, telephone, and sewer as necessary to ensure Contractor compliance with the PWS. Use of utilities is restricted to that which is specifically needed for contract performance.

F. Government Vehicles. Contractor personnel will operate a limited number of Government furnished automotive, materials handling, and miscellaneous equipment while performing work under the contract, reference Section 1.2.7 of Attachment J-1, PWS and appendices thereto, as identified in Section J- List of Attachments to this contract. Gasoline and diesel fuel for Government owned vehicles will be provided; however, gasoline and diesel fuel for Contractor owned vehicles will NOT be provided. The Contractor shall ensure that all operators are properly qualified and licensed to the equipment assigned to them in accordance Federal regulations and requirements. Operators shall be trained to exercise due care while operating equipment and, to minimize equipment maintenance cost, shall execute appropriate pre-operation and operational checks of equipment as required by Federal standards. Corporate markings are not permitted on Government furnished equipment. Operators are prohibited from the use of tobacco products in Government vehicles.

G. Forms and Publications. The Government will furnish all required Government forms and Government publications to the Contractor, as the Contractor requires them. Publications include written Center policies, FDA Staff Manual Guides, Federal regulations and Federal Register issuances.

H. Protective Clothing - Restricted Areas. The Government will furnish protective clothing to Contractor employees required to enter restricted areas. These items include but are not limited to: sterile clothing, shoes, head covering, gloves, respiratory protection, and personnel hoods.

Protective Clothing shall be returned after exiting form restricted areas. Damage caused by Contractor misuse or negligence will be charged to the Contractor.

I. Tools. The Government will provide an adequate quantity of quality hand tools, small power tools, and minor instrumentation that is normally considered a “tool box” item for the individual craftsman. The Contractor shall be responsible for ensuring the individual craftsmen are equipped to accomplish their normal duties. Any tools on site at the Jefferson Laboratory Complex and under the control of the Contractor must be inventoried, and must not be REMOVED from the premises. The Contractor must return old broken tools for replacement.

Reports of lost tools shall be submitted to the COR before re-issuance of new tools.

J. Restricted Use of Government Facilities and Property. The Contractor is advised that Government-owned facilities, property, and utilities shall only be used in the performance of official duties required by this contract. No Government-owned facilities, property, and utilities may be used for private benefit at any time.

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G-6 Invoice Submission

The Contractor shall submit vouchers or invoices in accordance with the following FAR Clauses: 52.232-25, Prompt Payment and 52.232-33, Payment by Electronic Funds Transfer-System for Awards Management in Part II, Section I, in accordance with the following instructions.

A. In accordance with clause 52.232-33 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 designated Contract Specialist at the following address or email provided below:

Department of Health and Human Services Food and Drug Administration Attention: Nick Sartain, Contract Specialist Office of Acquisitions & Grants Services, HFT-320 3900 NCTR Road Jefferson, AR 72079-9502

Email: nick.sartain@fda.hhs.gov

C. One copy to the COR clearly marked “courtesy copy only” at to be completed at time of award.

D. 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 and task order number if applicable;

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

(v) Month/and or dates the services were provided;

(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) DUNS number.

(xi) Electronic funds transfer (EFT) banking information. Bank name, account number and routing number.

(xii) Name and telephone number of the FDA Contracting Officer’s Representative referenced on the contract; and

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

G-7 Contractor Furnished Property

A. General. Except as stated in clause G-5, above, the Contractor shall provide all Contractor-specific administrative supplies (e.g., letterhead paper), cafeteria disposables, materials/chemicals, vehicles

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B. Work-Clothes/Safety Shoes and Glasses. The Contractor shall provide worker clothing, safety shoes, and safety glasses. Maintenance personnel, while performing work under the contract, shall not wear street clothes. The worker clothing shall carry a distinguishing emblem or patch with name. The Contractor shall be responsible for cleaning and providing workers with fresh clothing for each new shift.

C. Publications. The Contractor shall provide its own copies of required National and State Codes and Trade Association Standards.

G-8 HHSAR 352.237-75 Key Personnel (DEC 2015)

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.

All Supervisory/Key Personnel and Lead Craftsmen specified in this contract are considered to be essential to work performance. The individuals cited below are Supervisory/Key personnel and Lead Craftsmen.

Reference: Attachment J-1 Section 1 Paragraph 1.9. And Paragraph 2.12.a.

Name Title

To be completed at time of award

(End of clause)

G-9 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 Award.

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

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G-10 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.

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.csd.disa.mil/allapps/cpcbtdlf.htm. There is no fee for registration or use of the

CPARS.

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 Tobacco-Free Facilities

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 both law and current lease agreements. The Contractor shall ensure that each of its employees, and any sub-contractor Staff, is made aware of, understand, and comply with this policy.

H-2 Required Insurance

The FAR Clause 52.228-5, Insurance-Work on a Government Installation, in Part II, Section I, is supplemented to require the following minimum amount of insurance:

A. Worker's Compensation and Employer's Liability. Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

B. General liability. Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence is required.

C. Automobile liability. The Contractor shall provide automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operating in the United States, its possessions, and Puerto Rico shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H-3 HHSAR 352.223-70 Safety and Health. (DEC 2015)

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(a) To help ensure the protection of the life and health of all persons, and to help prevent damage to property, the Contractor shall comply with all Federal, State, and local laws and regulations applicable to the work being performed under this contract. These laws are implemented or enforced by the Environmental Protection Agency, Occupational Safety and Health Administration (OSHA) and other regulatory/ enforcement agencies at the Federal, State, and local levels.

(1) In addition, the Contractor shall comply with the following regulations when developing and implementing health and safety operating procedures and practices for both personnel and facilities involving the use or handling of hazardous materials and the conduct of research, development, or test projects:

(i) 29 CFR 1910.1030, Bloodborne pathogens; 29 CFR 1910.1450, Occupational exposure to hazardous chemicals in laboratories; and other applicable occupational health and safety standards issued by OSHA and included in 29 CFR part 1910. These regulations are available at https://www.osha.gov/.

(ii) Nuclear Regulatory Commission Standards and Regulations, pursuant to the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.). The Contractor may obtain copies from the U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001.

(2) The following Government guidelines are recommended for developing and implementing health and safety operating procedures and practices for both personnel and facilities:

(i) Biosafety in Microbiological and Biomedical Laboratories, CDC. This publication is available at http://www.cdc.gov/biosafety/publications/index.htm.

(ii) Prudent Practices for Safety in Laboratories (1995), National Research Council, National Academy Press, 500 Fifth Street NW., Lockbox 285, Washington, DC 20055 (ISBN 0–309–05229–7). This publication is available at http://www.nap.edu/catalog/4911/prudentpractices-in-the-laboratory-handling-anddisposal-of-chemicals.

(b) Further, the Contractor shall take or cause to be taken additional safety measures with the Contracting Officer’s Representative or other appropriate officials, determines to be reasonably necessary. If compliance with these additional safety measures results in an increase or decrease in the cost or time required for performance of any part of work under this contract, the Contracting Officer will make an equitable adjustment in accordance with the applicable ‘‘Changes’’ clause set forth in this contract.

(c) The Contractor shall maintain an accurate record of, and promptly report to the Contracting Officer, all accidents or incidents resulting in the exposure of persons to toxic substances, hazardous materials or hazardous operations; the injury or death of any person; or damage to property incidental to work performed under the contract resulting from toxic or hazardous materials and resulting in any or all violations for which the Contractor has been cited by any Federal, State or local regulatory/enforcement agency. The report citing all accidents or incidents resulting in the exposure of persons to toxic substances, hazardous materials or hazardous operations; the injury or death of any person; or damage to property incidental to work performed under the contract resulting from toxic or hazardous materials and resulting in any or all violations for which the Contractor has been cited shall include a copy of the notice of violation and the findings of any inquiry or inspection, and an analysis addressing the impact these violations may have on the work remaining to be performed. The report shall also state the required action(s), if any, to be taken to correct any violation(s) noted by the Federal, State, or local regulatory/ enforcement agency and the time frame allowed by the agency to accomplish the necessary corrective action.

(d) If the Contractor fails or refuses to comply with the Federal, State or local regulatory/enforcement agency’s directive(s) regarding any violation(s) and prescribed corrective action(s), the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action (as approved by the Federal, State, or local regulatory/enforcement agencies) has been taken and documented to the Contracting Officer. No part of the time lost due to any such stop work order shall form the basis for a request for extension or costs or damages by the Contractor.

(e) The Contractor shall insert the substance of this clause in each subcontract involving toxic substances, hazardous materials, or hazardous operations. The Contractor is responsible for the compliance of its subcontractors with the provisions of this clause.

(End of clause)

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H-4 Delegation of Authority

(a) The Administrative Contracting Officer (ACO) Nick Sartain is hereby designated by the Procuring Contracting Officer (PCO) to act as the authorized Government agent that oversees Contractor performance in accordance with the terms and conditions of the contract.

H-5 Ordering Against IDIQ Additional Work Task Order Portion of the Contract

In addition to the Ordering Clause in Part II, Section I, the following ordering information/instruction is provided. IDIQ work is defined as work that is not part of the routine work for operations and maintenance support for the Jefferson Lab Complex, but comes within the scope of the contract. Specific work will be defined as required by the JLC in accordance with the performance work statement attached to this contract.

1. Prior to starting any work, the Contractor shall submit a proposal outlining the work to be done to the

ACO, including a tentative start date and indicating the number of days to complete the work. The proposal shall also identify the methods, equipment and material to be used and the number of hours and wage rate per craft, using the fully burdened rates previously negotiated under Section B, to complete the work. ACO approval is required prior to performing any additional task order work.

2. If any other direct prices (for example, materials) are involved in performance of this work, they shall be priced out separately when submitting proposals to the ACO. If work is of such urgency that it cannot be awarded and negotiated in a timely manner, the contractor shall notify the ACO immediately.

3. Additional Work Task Orders 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 or extensions. 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 task order. Orders may be issued by mail, fax or electronic methods.

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

5. The contractor shall invoice once an approved task order is accepted by the Government and shall include the work order number and task order number.

H-6 Observance of Legal Holidays

The Government hereby provides “NOTICE” and the Contractor hereby acknowledges “RECEIPT” that government personnel observe the listed days as holidays:

Washington’s Birthday Memorial Day Independence Day Labor Day Veteran’s Day Thanksgiving Day Christmas Day New Year’s Day Columbus Day Martin Luther King’s Birthday Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by the President’s Proclamation

When any day falls on a Saturday, the preceding Friday is observed; when any day falls on a Sunday, the following Monday is observed. It is understood and agreed between the Government and the Contractor that observance of such days by government personnel shall not “on its face” be cause for an additional period of performance, or entitlement of compensation except as set forth within the contract. Contractor employees performing duties at Jefferson Laboratory Complex are not automatically relieved from duty by virtue of the

16-223-SOL-00006 Amendment 2 21 of 54 fact that government employees are dismissed early or given the day off.

A. Normal JLC working hours is from 8:00 a.m. to 4:30 p.m., Monday through Friday, except for national holidays or building closures. Contractor operations will be conducted during normal working hours except for the following:

1. Maintenance personnel shall be on site 24 hours per day at JLC to provide continuous service to correct emergency (Priority 1) conditions that affect critical equipment and facilities or critical environmental conditions.

2. Operations personnel shall be on site 24 hours per day at JLC to provide continuous operation of utility plants in compliance with State Laws and Regulations.

3. Maintenance personnel shall provide sufficient onsite maintenance support in animal areas on weekends and national holidays to ensure continuous operation of animal care support equipment.

B. The Government reserves the right to close the facilities due to weather conditions, safety, health, or medical emergencies as necessary. The Contractor personnel may be required to remain on duty to maintain the facility in the event of adverse weather conditions or emergencies. During these times, the Contractor program manager, or designee, must be available (on-site or by cell phone and email) to address FDA operational shutdowns or emergencies. Contractor personnel should refer to “Jefferson Labs Operational Summary #17 for early dismissal and closure procedures.

C. The Contractor shall perform work in a manner that does not interfere with normal occurrence of Government business.

H-7 Phase-In/Phase-Out

A. Contractor Phase-In – During the Contractor twenty (20) day phase-in the Contractor shall receive work requests, prepare estimates, receive delivery orders, order material and prepare work schedules for Indefinite Quantity work where the actual performance will begin after the start date. The incumbent Contractor shall continue to plan, schedule, and perform, Indefinite Quantity type work requests received up through contract expiration. The successor Contractor, however, shall be prepared to take over and complete all work requests in progress at the beginning of the contract performance period. The successor Contractor shall also prepare estimates for the remaining portion of Indefinite Quantity work begun but not completed by the incumbent. Upon award, the Contractor shall begin phase-in execution in accordance with the approved phase-in plan.

B. Incumbent Phase-Out - The phase-in of incoming Contractor forces many occur in conjunction with a phase-out of incumbent employees. The Contractor shall not assume that incumbent employees will be able to guide, direct, or specifically orientate each incoming Contractor employee. The in-coming Contractor shall cooperate with the incumbent during the phase-in period.

H-8 Continuity of Service Implementation

The Contractor is expected to meet full performance requirements from the stated date of the contract. The Contractor shall provide sufficient experience personnel during the phase-in period to ensure that the services specified by this contract are maintained at the required level of proficiency. FAR Clause 52.237-3 “Continuity of Services” in Section I, applies to the phase-out period of this contract.

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H-9 Contractor Personnel

Pursuant to Performance Work Statement Section 1.9 the Contractor shall provide the following.

A. The Contractor shall submit evidence to the Administrative Contracting Officer (ACO) that personnel meet the qualifications (Ref. PWS Section 1.9) for their respective tasks under this contract and have or have applied for the proper certification(s) and license(s) required by the State of Arkansas or other authorities. This information shall be provided to the ACO at the beginning of the performance period and shall be updated annually thereafter for the life of the contract. A temporary license may be substituted during the first ninety-days of performance.

However, at least one operator in each utility plant must be fully licensed and responsible for oversight not later than the start of the performance period. Where 24-hour services are required, a fully licensed operator must be present, i.e., in the utility plants. The Contractor shall bear the cost of obtaining all necessary certifications and licenses (to include training and other related costs).

B. All boiler plant operators and their immediate supervisor(s) must possess a current Arkansas Boiler Operator License for high pressure steam. All water treatment plant operators and their immediate supervisor(s) must possess a current Grade B operator license as outlined in ACT 333 of the State of Arkansas code.

C. The Contractor has the ultimate responsibility and authority to hire personnel to accomplish the work called for in the PWS. The ACO, however, retains the right to determine whether the personnel hired by the Contractor possess the requisite qualification.

D. The Government is authorized to restrict employment under the contract of any Contractor employee, or prospective Contractor employee, who is identified by the Contracting Officer as a potential threat to the health, safety, security, general well-being, or operational mission of the Center or it population. The Contractor shall not employ any person who is an employee of the Government if the employment of that person would create a conflict of interest.

E. The Government shall not exercise any supervision or control over the Contractor’s employees performing services under this contract. Such Contractor employees shall be accountable not to the Government, but solely to the Contractor, who in turn shall be accountable to the Government.

H-10 General Condition

A. General

Contractors (including sub-contractors), their officials, employees, and all other persons visiting or conducting business at any Food and Drug Administration facility or construction site in connection with contract work shall conform to these requirements. The Prime Contractor shall be responsible for the enforcement of these requirements by its sub-contractors.

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

B. Non-Interruption of Government Activities

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Interruption or interference with conduct of Government business in other business in other building areas outside the contract area, or damage to existing equipment or property within the contract area, will not be permitted. To protect Government property and to isolate its work, the Contractor shall provide, at no additional expense to the Government, drop cloths, plastic film draping, taping, barriers, weatherproof closures and/or coverings, and temporary dust-proof enclosures and partitions, etc.

Temporary dust-proof enclosures and partitions shall be provided whenever demolition or construction operation will produce dust or dirt which would be spread by tracking or air currents beyond the immediate area of work. Such enclosures shall be erected structurally sound, and shall be maintained dust proof so as to keep surrounding areas clean and free of dust. Where practical, dust-producing activities shall be kept dampened with water, so as to reduce the generation of dust.

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

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

C. Utility Shutdown

Contractors shall not cut, disconnect, switch, open, or alter position of…