RFP_17-223-SOL-00099_Less_Attachments.pdf

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Table of Contents

PART I - THE SCHEDULE .......................................................................................................................... …5

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

PART II - CONTRACT CLAUSES

SECTION I- CONTRACT CLAUSES

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

SECTION J- LIST OF ATTACHMENTS

PART IV - REPRESENTATION AND INSTRUCTIONS

SECTION K- REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

SECTION L- INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS OR

RESPONDENTS

SECTION M- EVALUATION FACTORS FOR AWARD

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PART I- THE SCHEDULE

SECTION B- SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 Purpose

Renovation of Processing Area -- Bldg. 53B at the U.S. Food and Drug Administration (FDA), National Center for Toxological Research (NCTR), Jefferson, AR as detailed herein.

B-2 Schedule of Items

Contract Line Item No.

Description Quantity Unit Price

1 Process Area Renovation – Building 53B. Provide management, supervision, personnel, materials, equipment, services, facilities, and otherwise do or provide all things necessary for or incident to the renovation of NCTR’s Bldg. 53B process area in accordance with the specifications set forth in Attachment J-1 and the drawings set forth in Attachment J-2.

1 Job $

Total Price (CLIN 1)

SECTION C- DESCRIPTION/SPECIFICATONS/STATEMENT OF WORK

C-1 Scope of Work

Independently and not as an agent of the Government, the Contractor shall provide all management, supervision, personnel, materials, equipment, services, facilities, and otherwise do or provide all things necessary for or incident to the renovation of NCTR’s Bldg. 53B process area in accordance with the specifications set forth in Attachment J-1 and the drawings set forth in Attachment J-2.

C-2 Government Furnished Property and Services

The Government will furnish water and electricity from existing outlets at no cost, however, the Contractor shall be responsible for all temporary connections to those existing outlets. The Government will not provide any other property or services.

SECTION D- PACKAGING AND MARKING

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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):

http://www.acquisition.gov/far/

FAR

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 429, 3900 NCTR Road, Jefferson, AR 72079.

The Contractor shall submit the following reports/deliverables:

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Scheduled Items Qty Due Dates

1. FDA Form 3391, as set forth in Section J, Attachment J-3 1/person

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

2. FDA Form 3398, as set forth in Section J, Attachment J-4 1/person Within 10 calendar days prior to commencement of on-site work.

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

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

5. Listing of Contractor Employees 1

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

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

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

7. Preliminary Construction Performance Schedule 3

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.

8. Schedule of Values 3 Within 30 calendar days after receipt of notice to proceed

9. Invoice 1 Monthly

10. Submittals

Hardcopies / 1 Electronic

NLT 30 calendar days after receipt of the notice to proceed

11. Updates to construction schedule 2 Monthly with Invoice

12. Certification Statement & Payrolls 1 Monthly with Invoice

13. Progress Meetings and minutes As needed – Date to be Determined

14. Project Record Drawings/AS-Builts

3 hardcopy & 1 electronic copy in

AutoCad

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

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15. O & M Manuals 4 No later than 30 calendar days prior to submission of final invoice

16. Warranties 4 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):

http://www.acquisition.gov/far/

FAR

Clause No. Title and Date 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) “(a) 10; (c) 365 calendar days after receipt of the notice to proceed.”

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;

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

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

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

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

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

E. If, in the opinion of the Contractor, any instruction or direction issued by the COR is within one of the categories as defined in B. (1) through B. (4) above, the Contractor shall not proceed but shall notify the 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 Jennifer Johnson, Contract Specialist 3900 NCTR Road HFT-320, Rm. 429 Jefferson, AR 72079 Phone: 870-543-7830 Email: jennifer.johnson3@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:

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Email:

G-4 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 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

(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: Jennifer Johnson, Contract Specialist 3900 NCTR Road, HFT-320, Bldg. 50, Rm. 429 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

Page 11 of 4417-223-SOL-00099 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 30 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.

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.

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SECTION H- SPECIAL CONTRACT REQUIREMENT

H-1 Personnel Security Clearance Requirements

A. 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.

B. GENERAL

The contractor shall submit the following items to the Contracting Officer, ten (10) calendar days prior to commencement of work under this contract:

1. 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.

2. “Contractor’s Commitment to Protect Non-public Information Agreement” forms signed by each employee named in paragraph a. above.

With the exception of costs associated with fingerprinting Contractor employees outside of the NCTR RCRM, the Government will conduct all required background investigations at no cost to the contractor.

The cost of fingerprinting Contractor employees at any location other than the NCTR RCRM shall be borne by the Contractor.

Contractor employees shall obtain security badges in order to access to DHHS-owned or leased property without an escort. (See Section 3 for details on the badging process). However, in the event that work must commence before security badges can be issued, contractor employees will be allowed onto DHHS-owned or leased property following a successful background check initiated by the NCTR RCRM Security Specialist, but must be escorted at all times.

All Contractor employees who undergo a background investigation are required to log onto the Office of Personnel Management’s (OPM’s) Electronic Questionnaire for investigation Processing (e-QIP) system to complete the forms necessary to initiate their background investigations. The forms required vary with the position risk levels for the contract.

The position risk levels for this contract are Level 5.

There are two (2) potential position risk levels, which are:

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1. 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.

2. 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.

C. BADGING PROCESS

The FDA COR will sponsor Contractor employees on the FDA Form 3391 for the purpose of obtaining an FDA Security Access Card. In order to obtain one, a contractor employee must receive a “favorable” fingerprint return. Fingerprints must be submitted to the NCTR RCRM Security Specialist at least ten

(10) days prior to the commencement of work. Fingerprints shall be submitted in one of two ways, depending on where the contract will be performed.

1. 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

2. 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

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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.

D. 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:

1. Review of prior Government/military personnel records;

2. Review of FBI records and fingerprint files;

3. Searches of credit bureaus;

4. Personal interviews; and

5. Written inquires covering the subject’s background.

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

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

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

Food and Drug Administration National Center for Toxicological Research Office of Regulatory Compliance and Risk Management, Security Specialist 3900 NCTR Road Bldg. 50, Room 304 Jefferson, AR 72079

The Contractor shall send a separate letter to the Contracting Officer that includes the contract number and employee names.

The Contractor shall advise its prospective employees that all standard forms submitted to the FDA shall be forwarded to the Office of Personnel Management (OPM) for scheduling background investigations.

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NCTR RCRM Security Staff will resolve with the contract employee any issues arising out of inaccurate or incomplete forms.

Employees who have been previously granted a Government security clearance shall advise NCTR RCRM Security Specialist of the details of such clearances to determine if a previous clearance level is suitable for the current FDA position.

At any time, if a contractor employee for whom security forms have been submitted is terminated or otherwise ceases work under the contract, the contractor shall immediately notify NCTR RCRM Security Staff, in writing, with copies to the respective FDA COR and Contracting Officer.

The OPM background investigation will take approximately 120 days. The Contracting Officer will notify the Contractor in writing if an employee is denied a clearance. Those individuals who have been cleared by the NCTR RCRM Security Staff may continue to work under the contract. Those who are not cleared must cease work on the contract immediately.

If a Contractor employee changes job responsibilities under this contract, the contractor shall notify the Contracting Officer, and the Government will make a determination whether an additional security clearance is required.

In the event that a cleared individual is replaced, the contractor shall notify the Contracting Officer and comply with all requirements of this clause, as specified herein, prior to the commencement of work by the replacement individual.

The Contractor shall be responsible for the return of any Government issued security badges to the COR.

E. 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

All positions on DHHS property or leased space

Food and Drug Administration

Office of Security Operations, Policy & Planning

Form must be received prior to making fingerprint

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NON-SENSITIVE

POSITIONS -

LEVEL 1

FDA COR. Attn: Food and Drug Administration

National Center for Toxicological Research Safety Office, Building

50, Room 304 3900 NCTR Road

Jefferson, AR 72079

**Form must be submitted by Security

Rep.

appointment.

FDA Form 3398 - Contractor’s

Commitment to Protect Non-Public Information (NPI) Agreement form

Contracting Officer

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

If requested by the government

Contracting Officer for retention in contract file

Ten (10) calendar days prior to commencement of work

Listing of all contractor employee names, social security #s, gender, dates of birth, former names, and a completed Fair Credit Reporting

Act Release

Contractor generated

All positions, including intermittent, per diem or

Temporary

When Requested by government

* Food and Drug Administration

Attn: Food and Drug Administration

National Center for Toxicological Research Safety Office, Building

50, Room 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

Contracting Non-Sensitive Positions -

* Food and Drug Administration

Ten (10) calendar days

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NON-SENSITIVE

POSITIONS -

LEVEL 1

Charts Required) Fingerprinting services available by appointment only.

Call (870) 543-7193

Officer Level 1 Clearance

When Requested by government

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 prior to commencement of work

*In addition to the submission of these forms, the contractor shall provide a cover letter that includes:

contractor’s name, contract number, contractor employees’ names, and name of Contracting Officer.

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

Food and Drug Administration Attn: Food and Drug Administration

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

3900 NCTR Road Jefferson, AR 72079 870-543-7193, 7941

CHART B

Public Trust Positions - Levels 5 or 6

FORM NAME

OBTAIN

FROM

WHEN

REQUIRED

SUBMIT

TO

DATE

REQUIRED

SF 85P -

Questionnaire for

Public Trust Positions

Online via OPM’s e- QIP system

For non U.S.

Citizens only Public Trust Positions -

Level 5 or 6 Clearance

*Submit to OPM online via the e-QIP system

Ten (10) calendar days prior to commencement of work

FD 258 - Fingerprint Chart (2 Charts

Required) Fingerprinting services available by appointment only.

Call (301) 827-9527

Contracting Officer

Public Trust Positions -

Level 5 or 6 Clearance

When requested by the government

* Food and Drug Administration

Attn: Food and Drug Administration

National Center for Toxicological Research

Safety Office, Building 50, Room 304

3900 NCTR Road Jefferson, AR 72079 870-543-7193, -7941

Ten (10) calendar days prior to commencement of work

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Public Trust Positions - Levels 5 or 6 FDA Form 3391 -

FDA Security Card Access Request

COR.

Sponsorship must be provided by

FDA COR.

All positions on DHHS property or leased space

Food and Drug Administration

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

Administration National Center for

Toxicological Research Safety Office, Building 50, Room 304 3900 NCTR Road

Jefferson, AR 72079

**Form must be submitted by Security Rep.

Form must be received prior to making fingerprinting appointment.

Contractor’s Commitment to

Protect Non-Public Information (NPI) Agreement form

Contracting Officer

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

If requested by the government

Contracting Officer for retention in contract file

Ten (10) calendar days prior to commencement of work

Listing of all contractor employee names, social security #s, gender, dates of birth, former names, and a completed Fair Credit Reporting Act

Release

Contractor generated

All positions, including intermittent, per diem or temporary

If requested by the government

* Food and Drug Administration

Attn: Food and Drug Administration

National Center for Toxicological Research

Safety Office, Building 50, Room 304

3900 NCTR Road Jefferson, AR 72079 870-543-7193, -7941

Ten (10) calendar days prior to commencement of work

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. Partial payments for materials delivered on-site or to the Contractor at other locations will not be made under this contract (ref. FAR Clause 52.232-5(b)(4)).

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

A. The contractor shall submit all invoices to:

U.S. FOOD AND DRUG ADMINISTRATION

Attn: Vendor Payments Office of Financial Services 10903 New Hampshire Ave WO32 - Second Floor

MAIL HUB 2145

Silver Spring, MD 20993-0002

Phone: 301-827-3742 Email: FDAVendorPaymentsTeam@fda.gov

*** Acceptable methods of delivery include: E-mail (preferred) and Standard Mail.

B. Invoices submitted under this contract must comply with the requirements set forth in FAR Clauses 52.232-25 (Prompt Payment) and 52.232-33 (Payment by Electronic Funds Transfer – System for Award Management) 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;

(ii) Invoice date and invoice number;

(iii) Contract/Order number (including a reference to any base award for Indefinite- Delivery/Indefinite-Quantity Contracts or Blanket Purchase Agreements);

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

(a) period of performance for which costs are claimed;

(b) itemized travel costs, including origin and destination;

(c) any other supporting information necessary to clarify questionable expenditures;

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(d) the contractor shall include the Contract Line Item/Funding line item for each 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 (Prompt Payment terms other than NET 30);

(vii) Name and address of official to whom payment is to be sent (must be the same as that in the purchase order/award, 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, including routing transit number of the financial institution receiving payment;

(xi) Name and telephone number of the FDA Contracting Officer Representative (COR) or other Program Center/Office point of contact, as referenced on the award;

(xii) For all Time-and-Materials and Labor-Hour Awards, Contractor is required to attach an invoice log addendum to each invoice which shall include, at a minimum, the following information for contract administration and reconciliation purposes:

(a) list of all invoices submitted to date under the subject award, including the following:

(1) invoice number, amount, & date submitted

(2) corresponding payment amount & date received

(b) total amount of all payments received to date under the subject contract or order

(c) and, for definitized contracts or orders only, total estimated amounts yet to be invoiced for the current, active period of performance;

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

C. An electronic invoice is acceptable if submitted in adobe acrobat (PDF) format. All items listed in (i) through (xii) of this clause must be included in the electronic invoice. Electronic invoices must be on company letterhead and must contain no ink changes and be legible for printing.

D. Questions regarding invoice payments should be directed to the FDA Payment Office at the email address or phone number provided above in Section A.

H-4 Contract Changes

The provision 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

Page 21 of 4417-223-SOL-00099 amount of the contract, or an extension or an acceleration of the period of performance, the 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

8. Act (FICA) and Federal Unemployment Tax Act (FUTA), and State

9. Unemployment Act (SUTA);

10. Any effect of the change on the time required to complete the job, increase or

11. decrease; and

12. 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;

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.

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

B. Copies of subcontracts. No Subcontractor shall be allowed to perform any work on the project site until the following conditions, in addition to those in Paragraph A. above, have been met by the Contractor:

1. A copy of the subcontract entered into on SF-1413 (Statement and Acknowledge), describing the work to be performed on the project site, has been furnished to the CO; and

2. The subcontract contains Paragraphs (b)(i) through (b)(ii) of Clause 52.222-26, Equal Opportunity.

(These requirements pertain to all subcontracts, no matter what tier of relationship they have to the prime Contractor, except that the Equal Opportunity Clause is not required to be included in subcontracts of $10,000 or less.)

C. Contractor's responsibility for a Subcontractor. The Contractor shall be responsible for the acts of all Subcontractors and their employees while performing work at the project site, regardless of the subcontractor’s contractual relationship to the Contractor. Failure of any Subcontractor to compete the work described in its subcontract in a satisfactory manner, or without delay, will not excuse the Contractor from any delay in the completion of the entire contract, except as provided under Clause 52.249-10, Default (Fixed-Price Construction) in Section I of this contract.

H-6 Required Insurance

The 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-7 General Conditions (Construction at Jefferson Labs Campus)

A. General

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Contractors (including Subcontractors), their officials, employees, and all other persons visiting or conducting business at any Food and Drug Administration facility or construction site in connection with contract work shall conform to these requirements and those of Federal Management Regulation (FMR) 41 CFR 102-74.365-455, Conduct on Federal Property, as a condition of being permitted to enter on the property and as part of the contract. The Prime Contractor shall be responsible for the enforcement of these requirements by its Subcontractors.

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

Similar information shall be furnished concerning all Subcontractors.

B. Hours to Work

The Contractor will be permitted to work on the job at the NCTR during the regular hours 6:00 a.m. to 5:00 p.m., Monday through Friday, except for the following holidays (some are observed on preceding Friday or following Monday when they occur on Saturday or Sunday):

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

Work at any other time including holidays requires the contractor to request in advance and submit a schedule, in writing, to the COR. The COR shall then either approve or disapprove of the request. In the event the FDA grants administrative leave to its Government employees at the site, on-site Contractor personnel shall also be dismissed if the site is being closed. However, the Contractor shall continue to provide sufficient personnel to perform around-the-clock requirements of critical efforts already in progress or scheduled and shall be guided by the instructions issued by the Contracting Officer or her/his duly appointed representative. In each instance when the site is closed to Contractor personnel as a result of inclement weather, potentially hazardous conditions, explosions, or other special circumstances, the Contractor will direct its staff as necessary to take actions such as reporting to its own site(s) or taking appropriate leave consistent with its policies.

Observance of such days by Government personnel shall not be cause for an extension to the delivery schedule or period of performance or adjustment to the price, estimated cost, or fee(s), if any, except as set forth in the contract.

C. Non-Interruption of Government Activities

Interruption or interference with conduct of Government business in other building areas outside the contract area, or damage to existing equipment or property within the contract area, will not be permitted.

To protect Government property and to isolate its work, the Contractor shall provide, at no additional expense to the Government, drop cloths, plastic film draping, taping, barriers, weatherproof closures

Page 24 of 4417-223-SOL-00099 and/or coverings, and temporary dust-proof enclosures and partitions, etc. Temporary dust-proof enclosures and partitions shall be provided whenever demolition or construction operations will produce dust or dirt, which would be spread by tracking or air currents beyond the immediate area of work. Such enclosures shall be erected structurally sound, and shall be maintained dust proof so as to keep surrounding areas clean and free of dust. Where practical, dust-producing activities shall be kept dampened with water, so as to reduce the generation of dust.

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

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

D. Utility Shutdowns

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

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

E. Material Delivery, Storage Areas and Debris Removal

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

2. Storage or Materials. The contract shall provide storage for materials and equipment. The Contractor shall, as set forth in paragraph H.1 herein, be responsible for security of their property and material from theft and vandalism. Corridors and other public areas must be kept clear at all times.

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

Storage and/or collection of debris inside or outside buildings will not be permitted. Contractors shall remove all debris and other material with their own carts, containers, and/or refuse disposal facilities. Government facilities may not be used for this purpose. All interior areas of existing buildings shall be left clean on a daily basis. When debris must be removed from buildings outside normal FDA work hours, it must be scheduled for a designated time in advance (the same as for material deliveries). This shall be at the Contractor’s expense.

F. Safety and Accident Prevention

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

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

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

4. Explosives shall not be brought on FDA property without permission…