RFP_75D30118R67985_Phase_1.doc

PAGE

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

75D301-18-R-67985

2. TYPE OF SOLICITATION

X NEGOTIATED (RFP)

3. DATE ISSUED

09/28/2018

PAGE

OF PAGES

1 of

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

HCAJSBC2-2019-28564

6. PROJECT NO.

Centers for Disease Control and Prevention (CDC)

Office of Acquisition Services (OAS)

2920 Brandywine Road

Atlanta, GA 30341-5539

Centers for Disease Control and Prevention (CDC)

Office of Acquisition Services (OAS)

2920 Brandywine Road, Mailstop K-69 Atlanta, GA 30341-5539

Attn: Natasha Rowland, Contracting Officer

9. FOR INFORMATION

CALL:

A. NAME

Natasha Y. Rowland B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(770) 488-2601

SOLICITATION

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

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

Phase I Solicitation

The Statement of Work, Specifications, and other documents describing the requirement shall be included with the Phase II Solicitation.

Project Title: Roybal East Parking Deck, Infrastructure, and Improvements

Project Number: P20150734 Project Location: Centers for Disease Control and Prevention (CDC), Roybal Campus, 1600 Clifton Road NE, Atlanta, GA 30329

NAICS Code: 236220; Size Standard $36.5 million

Contracting Officer’s Representative (COR): Meghan E. Ramsey

Contracting Officer: Natasha Y. Rowland

Block 11B: Phase I Proposals are due on October 18, 2018 by 2:00 PM Eastern Time. Period of Performance requirements will be given in the Phase II Solicitation.

Block 12A: Bonds are not required until the Phase II Soliciation has been awarded.

Block 13B: A Bid Guarantee is not required until Phase II of this solicitation.

11. The Contractor shall begin performance within

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

(If “YES,” indicate within how many calendar days after award in Item 12B.)

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in 8 hardcopies plus 1 electronic copy of Phase I Proposal Documents to HEE5@CDC.GOV to perform the work required are due at the place specified in Item 8 by 2:00pm (hour) local time 10/18/2018 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B.

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

D. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. (Applicable to Phase II)

NSN 7540-01-155-3212

1442-101

STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

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

CODE

FACILITY CODE

17.

The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A.

NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

30A.

NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C.

AWARD DATE

Section B - Supplies Or Services And Prices/Costs

This project includes, but is not limited to, design and construction of a parking deck and entry control point, improvements to the campus main entrance, site improvements, and infrastructure improvements to Roybal Campus of the Centers for Disease Control and Prevention (CDC).

This is a fixed-price line item. These are non-severable services.

1. This is the Phase I Solicitation for a Two-Phase Design Build Contract.

2. The Phase I process requires potential Offerors to submit their past performance and capability information in order to be selected to compete in the Phase II solicitation.

3. Offerors should review Section M carefully and comply with all its requirements when responding to the Phase I Solicitation.

4. The Government anticipates selecting a maximum of three (3) Offerors in Phase I to submit a Design-Build Proposal in response to the Phase II Solicitation.

5. Offerors will be selected in Phase I to submit a Design-Build Proposal in response to the Phase II Solicitation.

6. We anticipate the Contract Completion Date to be approximately September 2020. Please note that the parking deck itself will be functional before that time.

There are no clauses/provisions included in this section.

Section C - Description/Specification/Work Statement C.1 Project Magnitude

Federal Acquisition Regulations require the disclosure of the magnitude of construction projects.

This project is estimated to fall between $100M and $150M. This range is not a guarantee of the amount of funds available.

C.2 Brief Overview of the Requirement. The Design-Build Statement of Work will be given with the Phase II Solicitation.

Project Overview

This project includes, but is not limited to, design and construction of a parking deck and entry control point, improvements to the campus main entrance, site improvements, and infrastructure improvements to Roybal Campus of the Centers for Disease Control and Prevention (CDC). The procurement is unrestricted and contract award shall be in accordance with FAR Subpart 36.3 – Two- Phase Design-Build Selection Procedures.

Description

The Government anticipates the total cost of the design and construction of this project to be greater than $50 million. The North American Industry Classification System (NAICS) Code assigned is 236220. All prospective Offerors must be registered in the Central Contractor Registration system (CCR) to be considered for award of a Federal contract.

The CDC contemplates award of a design-build contract on their Roybal Campus in Atlanta, Georgia that will include the design and construction of a parking structure, revised associated entry control point, improved campus main entrance, various site improvements throughout the campus, and targeted infrastructure improvements.

The new cast-in-place parking structure will be located at the eastern portion of the campus, contain approximately 1600 parking spaces, and be incorporated into a comprehensive multi-modal entry control point for campus personnel. Work includes but is not limited to relocation of major utilities including diesel fuel tanks, installation of an elevated pedestrian bridge, and photovoltaic parking shelter panels. Improvements will also be made to the campus main entrance. Work includes but is not limited to relocation of guardhouses, installation of vehicle barriers and inspection canopies, traffic flow revisions, and new directional signage. The campus main gate must maintain basic operational flow at all times.

Campus-wide site improvements include, but are not limited to grade improvements in accordance with current accessibility guidance, development of a comprehensive wayfinding plan, and installation of wayfinding signage.

Campus infrastructure improvements may include, but are not limited to, domestic water loop connection, generator house construction with associated support infrastructure, and an approximately 3 million gallon thermal chilled water storage tank with associated connections to the campus central utility plant.

Remediation of hazardous materials may or may not be included in this project. Extended details, specifications, and information for all features of work will be provided with the Phase 2 Request for Proposal (RFP).

There are no clauses/provisions included in this section.

Section D - Packaging And Marking There are no clauses/provisions included in this section.

Section E - Inspection And Acceptance

Section F - Deliveries Or Performance F.1 This clause is given as a preliminary estimate only and is subject to change in the Phase II Solicitation.

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to –

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 539 days.* The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F.2 This clause is given for notification purposes only and is subject to change in the Phase II Solicitation.

FAR 52.211-12 Liquidated Damages - Construction (Sep 2000)

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

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

(End of Clause)

Section G - Contract Administration Data G.1 CDCA_G001 – Invoice Submission (Jul 2017)

(a) The Contractor shall submit the original contract invoice/voucher to the address shown below:

The Centers for Disease Control and Prevention Office of Financial Resources (OFR) P.O. Box 15580 Atlanta, GA 3033

Or – The Contractor may submit the original invoice via facsimile or email:

Fax: 404-638-5324

Email: FMOAPINV@CDC.GOV NOTE: Submit to only one (1) of the above locations.

(b) The contractor shall submit 2 certified copies of the complete application for payment, invoice / voucher or progress payment package to the cognizant contracting office previously identified in this contract. These invoice copies shall be addressed to the attention of the Contracting Officer.

(c) The Contractor is FORMCHECKBOX , is not required to submit a copy of each invoice directly to the Contracting Officer’s Representative (COR) concurrently with submission to the Contracting Officer.

(d) In accordance with 5 CFR part 1315 (Prompt Payment), CDC's Office of Financial Resources is the designated billing office for the purpose of determining the payment due date under FAR 32.904.

(e) The Contractor shall include (as a minimum) the following information on each invoice:

(1) Contractor’s Name & Address

(2) Contractor’s Tax Identification Number (TIN)

(3) Purchase Order/Contract Number and Task Order Number, if Appropriate

(4) Invoice Number

(5) Invoice Date

(6) Contract Line Item Number and Description of Item

(7) Quantity

(8) Unit Price & Extended Amount for each line item

(9) Shipping and Payment Terms

(10) Total Amount of Invoice

(11) Name, title and telephone number of person to be notified in the event of a defective invoice

(12) Payment Address, if different from the information in (c) (1).

(13) DUNS + 4 Number

(14) Electronic funds transfer (EFT) banking information

G.2 CDC0_G008 Contracting Officer’s Representative (COR) (Jul 2017)

Performance of the work hereunder shall be subject to the technical directions of the designated COR for this contract.

As used herein, technical directions are directions to the Contractor which fill in details, suggests possible lines of inquiry, or otherwise completes the general scope of work set forth herein. These technical directions must be within the general scope of work, and may not alter the scope of work or cause changes of such a nature as to justify an adjustment in the stated contract price/cost, or any stated limitation thereof.

In the event that the Contractor believes full implementation of any of these directions may exceed the scope of the contract, he or she shall notify the originator of the technical direction and the Contracting Officer, immediately or as soon as possible, in a letter or e-mail separate of any required report(s). No technical direction, nor its fulfillment, shall alter or abrogate the rights and obligations fixed in this contract.

The Government COR is not authorized to change any of the terms and conditions of this contract. Contract changes shall be made only by the Contracting Officer by properly written modification(s) to the contract.

The Government will provide the Contractor with a copy of the COR delegation memorandum upon request.

G.3 CDCP_G009 Contracting Officer (Jul 1999)

(a) The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions, or other stipulations of this contract.

(b) No information, other than that which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

G.4 Applicable Davis-Bacon Wages (Jul 1999)

The attached General Decision No. GA180138, dated 05/04/2018, specifies hourly rates of wages that shall be paid to laborers and mechanics employed or working at the site of the work, as defined in FAR 22.401. These rates have been determined by the Secretary of Labor in accordance with the provisions of the Davis-Bacon Act.

Section H - Special Contract Requirements H.1 This clause is provided for notification purposes only, no subcontracting plan is required in response to the Phase I solicitation.

CDCA.H007 Subcontracting Plan (Jul 1999)

The Contractor’s subcontracting plan, as negotiated, submitted in response to Solicitation TBD, is hereby incorporated into this contract by reference.

(End of Clause)

H.2 This clause is provided for notification purposes only, the key personnel will be set by the Phase II Solicitation.

CDCA_H009 Key Personnel (Jul 2017)

The key personnel cited below are considered essential to the work performed under the contract. Pursuant to the terms of HHSAR Clause 252.237-75, Key Personnel, the Contractor shall not replace or divert any of these individuals without the written consent of the Contracting Officer.

NAME

TITLE

COMPANY

H.3 CDCA.H017 Availability and Use of Utility Services (Jul 1999)

In accordance with FAR 52.236-14, Availability and Use of Utility Services, the following utility services will be made available under the contract:

Water: Initial temporary water service must be provided by the Contractor. Following the Government’s signature of utility service contracts, reasonable quantities may be available.

Electricity: Initial temporary electrical service must be provided by the Contractor. Following the Government’s signature of utility service contracts, reasonable quantities may be available.

Gas: No

Restroom Access: No

Waste Disposal: No

(End of Clause)

H.4 CDCA.H018 Minimum Required Insurance (Jul 1999)

In accordance with FAR 52.228-5, Insurance, Work on a Government Installation, incorporated by reference in Section I, the Contractor shall furnish a certificate of insurance of the following types and minimum amounts which shall be obtained and maintained during the entire period of performance of this contract:

(a) Workman’s Compensation and Employees Liability Insurance - as specified by applicable statute, but not less than $100,000;

(b) General Liability Insurance - Bodily Injury Liability - $500,000 per occurrence;

(c) Automobile Liability Insurance - $200,000 per person, $500,000 per occurrence bodily injury; $20,000 per occurrence property damage.

NOTE: IF WORK UNDER THIS CONTRACT INCLUDES ASBESTOS ABATEMENT, THE INSURANCE COVERAGE CERTIFICATE SHALL INCLUDE A STATEMENT THAT CARRIER UNDERSTANDS THIS PROJECT INCLUDES ASBESTOS ABATEMENT WORK.

H.5 CDC0_H022 Smoke Free Working Environment (May 2009)

In compliance with Department of Health and Human Services (DHHS) regulations, all contractor personnel performing work within CDC/ATSDR facilities shall observe the CDC/ATSDR smoke-free working environment policy at all times. This policy prohibits smoking in all CDC/ATSDR buildings and in front of buildings which are open to the public. This policy is also applicable to contractor personnel who do not work full-time within CDC/ATSDR facilities, but are attending meetings within CDC/ATSDR facilities.

H.6 CDCA.H037 Observance of Legal Holidays and Administrative Leave (Government Facilities Performance) (Feb 2011)

(a) Holidays

Government personnel observe the following listed days as holidays:

Washington's Birthday

Memorial Day

Independence Day

Labor Day

Veterans' Day

Thanksgiving Day

Christmas Day

New Year's Day

Columbus Day

Martin Luther King Day

Any other day designated by Federal Statute

Any other day designated by Executive Order

Any other day designated by Presidential proclamation

For purposes of contract performance, the Contractor shall observe the above holidays on the date observed by the Government. Observance of such days shall not be cause for an additional period of performance or entitlement to compensation except as otherwise set forth in the contract. No form of holiday or other premium compensation will be reimbursed, however this does not preclude reimbursement for overtime work authorized in writing by the Contracting Officer.

(b) Unscheduled Facility Closures

In the event Government facilities are closed due to inclement weather, potentially hazardous or unsafe conditions, or other special circumstances, contractor personnel assigned to work within those facilities are automatically dismissed. Notwithstanding the terms of this clause, the contractor shall comply with any specific contract terms that require a level of ongoing support for critical operations during times of facility closure. The contractor may also continue to provide support under a scheduled telework arrangement in accordance with the terms of the contract if the contract expressly authorizes telework in writing.

(c) Cost Impact

Accounting for costs associated with an unscheduled facility closure is unique to each contract and depends upon a number of factors such as:

i) Contract type, e.g. Fixed Price, Time and Materials, or Cost Reimbursement.

ii) Contractor's established management and accounting practices for unproductive time.

iii) The inclusion and applicability of other contract clauses.

iv) The ability of the contractor to mitigate costs by reassigning employees to work on other contracts, to work from a different facility, or to work remotely from home in accordance with contract telework provisions.

(End of Clause)

H.7 CDC42.0002 Evaluation of Contractor Performance Utilizing CPARS (Apr 2013)

In accordance with FAR 42.15, the Centers for Disease Control and Prevention (CDC) will review and evaluate contract performance. FAR 42.1502 and 42.1503 requires agencies to prepare evaluations of contractor performance and submit them to the Past Performance Information Retrieval System (PPIRS). The CDC utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to prepare and report these contractor performance evaluations. All information contained in these assessments may be used by the Government, within the limitations of FAR 42.15, for future source selections in accordance with FAR 15.304 where past performance is an evaluation factor.

The CPARS system requires a contractor representative to be assigned so that the contractor has appropriate input into the performance evaluation process. The CPARS contractor representative will be given access to CPARS and will be given the opportunity to concur or not-concur with performance evaluations before the evaluations are complete. The CPARS contractor representative will also have the opportunity to add comments to performance evaluations.

The assessment is not subject to the Disputes clause of the contract, nor is it subject to appeal beyond the review and comment procedures described in the guides on the CPARS website. Refer to: www.cpars.gov for details and additional information related to CPARS, CPARS user access, how contract performance assessments are conducted, and how Contractors participate. Access and training for all persons responsible for the preparation and review of performance assessments is also available at the CPARS website.

The contractor must provide the CDC contracting office with the name, e-mail address, and phone number of their designated CPARS representative who will be responsible for logging into CPARS and reviewing and commenting on performance evaluations. The contractor must maintain a current representative to serve as the contractor representative in CPARS. It is the contractor’s responsibility to notify the CDC contracting office, in writing (letter or email), when their CPARS representative information needs to be changed or updated. Failure to maintain current CPARS contractor representative information will result in the loss of an opportunity to review and comment on performance evaluations.

(End of Clause)

H.8 Security Clearance Requirements (Construction) (Jul 1999)

(a) Definitions.

“Employees” means both contractor and subcontractor employees unless otherwise noted:

The phrase “CDC owned or leased facilities" includes ATSDR, NIOSH/PRC/Pittsburgh, Pa.; NIOSH/Morgantown, W.V.; NIOSH/SRC/Spokane, WA.; NIOSH/Cincinnati, Ohio; NCHS/Research Triangle Park, N.C.; NCHS/Hyattsville, Md.; NCID/Fort Collins, Co.; NCID/Anchorage, AK,; and NCID/San Juan, Puerto Rico.

(b) Background and Introduction:

These requirements provide information and instructions regarding CDC security clearance procedures for Contractor employees working on CDC property in a contract status. These requirements apply to construction contract work performed at all CDC owned or leased facilities.

(c) General Requirements and Criteria:

It is the policy of CDC that all Contractor employees who will be performing construction projects on-site shall comply with the applicable security clearance(s) outlined below:

After contract award, but prior to starting on-site work, each Contractor employee shall have received a “Temporary Suitability Determination” clearance from the Contracting Officer. To obtain this clearance, the Contractor shall obtain and provide to the Contracting Officer a statewide criminal records check report from the employee's state of residence. Any temporary clearance or refusal to grant such a clearance, after review of the criminal records check will be confirmed in writing by the Contracting Officer.

EXCEPTION:

The Contracting Officer may make an exception to the temporary clearance requirement, provided that all three of the following criteria are met:

Contractor employees are accompanied at all times by a previously cleared (temporary and/or NACI) Supervisor of the prime Contractor.*

The Contractor employees will not be on-site for more than 90 days.

The Contractor employee(s) will not be performing work in a "High Security" area. **

* If full-time supervision of employees not having undergone a favorable Temporary Suitability Determination cannot be guaranteed to the Government, Contractor employees will not be permitted on site. In addition, if at any time such Contractor employees are observed in an unsupervised status, they will be removed from the site immediately. These Contractor employees must at all times be escorted and/or supervised while performing their work in and around CDC buildings. Escort and/or supervision activities are be the responsibility of the Contractor, however, the Government may elect to provide escort services for Contractor employees.

** There are several facilities and areas at CDC’s metro Atlanta facilities that are designated as “High Security” areas. These are the Clifton Road Buildings 10, 15, and 17; Chamblee campus Buildings 14 and 15; all low-level radiation laboratories and gamma cell rooms; and the Lawrenceville campus in its entirety.

Individuals expected to be on-site in excess of 45 days in the "High Security" areas and 90 calendar days in all other locations shall receive both the temporary suitability as well as the full suitability determination/clearance, which is the more comprehensive NACI (“National Agency Check and Inquiry”) clearance. Radiation safety training will be provided by the Government and must be attended prior to working in radiation work areas.

NOTE: The granting of the temporary determination is not automatic assurance that the full suitability determination will follow. In addition, the granting of favorable temporary determination shall in no way prevent, preclude or bar the withdrawal or termination of any temporary determination.

All information on procedures for obtaining the temporary clearance determination and NACI will be provided by the Contracting Officer; however, all responsibility and cost for obtaining and submitting these documents to the Contracting Officer shall be borne solely by the Contractor. In addition, no damages for delay shall be incurred by the Government as a result of conditions resulting in delay by the Contractor in obtaining required clearance(s) for any proposed employee.

The Contractor shall be responsible for managing its workforce to ensure that adequate numbers of employees having received favorable temporary suitability determinations/clearances are available to perform all work required by the contract, with the work to be performed on time and on schedule. New or replacement employees hired during performance and who also will be on-site at a CDC facility shall have received security clearances prior to reporting to work at the construction site.

NOTE: Contractor employees cleared through this process while previously employed on another CDC contract shall be required to receive a current favorable suitability determination if over a year has elapsed since the previous clearance.

(d) Levels of Security:

For purposes of CDC construction contracts, there are three types of security requirements, any or all of which could be applicable to Contractor employees during the contract. These are:

(1) CONTRACTOR’S INTERNAL PLAN: For contracts in which the entire construction area can be enclosed and contained in a surrounding fenced-in area, the Contractor shall submit a proposed internal security plan of how work at the site as well as access to and from the site will be controlled and restricted during the entire performance period. The plan, which shall be subject to approval by the Contracting Officer prior to issuance of the Notice to Proceed, shall address in detail such issues as: How the area will be secured, e.g., type and height of fencing, proposed entrance(s), employee and vehicle badging/identification systems, how material and supply deliveries will be coordinated, and how information regarding the plan is to be disseminated to employees and subcontractor employees.

If the entire project can be performed in a totally physically self-contained area, within the parameters of the contractor’s approved internal plan, the temporary and full suitability determinations will not be required.

(2) LOCAL RECORDS CHECK: Contractors who cannot satisfy the exception requirements outlined in Paragraph B and whose employees will be working on-site in areas that cannot be contained and for which a Contractor internal plan would not be workable shall obtain and submit to the Contracting Officer the aforementioned statewide criminal records check report on each proposed employee. The Contractor shall also obtain a state-wide motor vehicle violations check for any employee required to operate a motor vehicle as part of his/her duties under the contract.

NOTE: Direct charges from the law enforcement agencies providing this background check information shall be borne by the Contractor.

(3) NACI (“National Agency Check and Inquiry”). In addition to the local criminal records check, for contractor employees expected to be on-site in excess of 45 days in High Security areas and 90 days in all other areas, the full suitability determination, or NACI, will also be required. The NACI report is a national criminal records check and background investigation. The necessary forms and application will be furnished by the Contracting Officer. NOTE: if over one (1) year has elapsed since a Contractor employee has been employed in a position under a Federal contractor for which a security clearance was required, a new National Agency Check and Inquiry (NACI) application must be submitted.

(e) Required NACI Documentation to Be Submitted:

For Contractor employees expected to be on-site in excess of 45 days in the High Security areas or 90 days in the other areas, the Contractor shall submit completed copies of the forms listed below to the Contracting Officer. These forms shall be submitted not later than five calendar days after receipt of Notice to Proceed, or, in the case of replacement employees, within five days after receipt of temporary suitability determination.

(1) one (1) completed Form FD-258, "FBI Fingerprint Charts"***

(2) one (1) completed Standard Form 85, "Questionnaire for Non-Sensitive Positions"

(3) one (1) completed "Declaration for Enrollment" form

(4) one (1) completed resume or curriculum vitae or job application form

(5) one (1) copy of the statewide criminal records check

(6) one (1) copy of the motor vehicle violations check (when applicable)

The CDC, Human Resource Management Offices (HRMO) have the necessary equipment to complete fingerprint charts (FD-258). The Contractor may contact the Contracting Officer for arrangements regarding utilization of the HRMO fingerprinting equipment. The fingerprint charts may also be completed through a local state, county or city law enforcement agency at the employee’s place of residence.

Using the required information specified above, a National Agency Check and Inquiry (NACI) will be processed by the CDC through the Federal Office of Personnel Management and the Federal Bureau of Investigations (OPM/FBI) on each contract employee who will be performing duties on-site. The cost of processing the NACI report and all related paperwork will be absorbed by the Government.

(f) Removal of Contractor Employees

The Contracting Officer may request the Contractor to immediately remove any employee from the on-site facility who has failed to receive a suitability determination, whose continued employment is deemed contrary to the public interest, inconsistent with the potential threat to the health, safety, security, general well-being or operational mission of the on-site facility and its population.

The Contracting Officer may also request the Contractor to immediately remove any Contractor employee from the on-site facility should it be determined that the individual(s) have been assigned to duty who have been disqualified for suitability reasons, or who are found to be unfit for performing duties during their tour(s) of duty. Contractor employees who are requested to be removed from the on-site facility shall be required to leave the work site immediately.

The Contracting Officer will make all determinations regarding the removal of any Contractor employee from the on-site facility, except under certain conditions. When a Contracting Officer is not available, either during the day or after normal business hours, or in situations where a delay would not be in the best interest of the Government, or a potential threat to the health, safety, security, general well-being or operational mission of the facility and its population, the Project Officer will have the authority to direct immediate removal of the Contractor employee from the on-site facility. The Contracting Officer shall subsequently provide the official notification to the Contractor for removal of a contract employee from the CDC facility. When removal is directed due to a nonsuitability determination as a result of the NACI, no further information will be provided. If removal is directed for other reasons relating to specific conduct of the employee during performance of the work, the Contracting Officer’s official notification will provide information as to these reasons.

(g) Identification Badges/Cardkey Access:

(1) IDENTIFICATION BADGES: Except in situations in which the Contractor’s badging procedures are outlined in an approved internal security plan, the Contractor will comply with the provisions of this paragraph as follows: The Contractor shall require each Contractor employee who has been authorized access to an on-site facility to display an identification badge as required and furnished by the CDC.

The Contractor shall submit to the Project Officer a completed Identification Badge Request Form (CDC Form 0.1137) for each Contractor employee who has been authorized access to an on-site facility, and follow the instructions of the Project Officer as to processing procedures.

(2) CARDKEY ACCESS: Access to certain CDC facilities may only be gained through the use of a Cardkey. If a Contractor employee has been determined to need regular access to one of the Cardkey access designated areas, a current Cardkey Request Form (CDC Form 0.834) must be completed and submitted to the Project Officer for approval. The Project Officer will provide additional processing instruction as needed.

(3) HARD KEY ACCESS: Access to many on-site facilities can only be gained through the use of hard keys (standard door keys). To request issuance of hard keys, the contractor shall provide the Project Officer with the employee’s name, SSN, the building and room number for which access is requested and a short justification of need.

(4) RETURN OF IDENTIFICATION/CARDKEY BADGES: The Contractor shall return any employee identification badges and/or cardkeys immediately upon separation of duties at the on-site facility. The items shall be delivered only to the Project Officer.

Final payment shall be withheld in the amount of $500.00 for each badge or cardkey issued until all badges and cardkeys are returned to CDC Security. The Project Officer shall be responsible for monitoring this activity.

(End of Clause)

H.9 Homeland Security Presidential Directive (HPSD-12) Requirements (Nov 2011)

(a) To perform the work specified herein, contractor personnel are expected to have routine 1) physical access to an HHS-controlled facility; 2) logical access to an HHS controlled information systems; or 3) access to sensitive HHS data or information, whether in an HHS controlled information system or in hard copy. This contract/order will entail the following position sensitivity level(s): Sensitive but unclassified (SBU).

(b) To gain routine physical access to an HHS facility, logical access to an HHS controlled information system, and or access to sensitive data or information, the contractor and its employees shall comply with Homeland Security Presidential Directive 12, Policy for a Common Identification Standard for Federal Employees and Contractors; Office of Management and Budget Memorandum (M-05-24); Federal Information Processing Standards Publication Number 201; and with the personal identity verification and investigation procedures contained in the following documents:

(1) HHS Information Security Program Policy

(2) HHS Office of Security and Drug Testing, Personnel Security/Suitability

Handbook, dated February 1, 2005

(3) CDC Policy: “ISSUANCE AND UTILIZATION OF PIV CREDENTIALS”

(4) CDC Policy: "IN- AND OUT-PROCESSING OF CDC FTEs, PSCs, CONTRACTORS, AND OTHER NON-FTEs"

(5) CDC Policy: "PHYSICAL ACCESS TO CDC FACILITIES"

(6) CDC Policy: “NATIONAL AGENCY CHECK AND INQUIRY PROCEDURES”

(c) The personnel investigation procedures for Contractor personnel require that the Contractor prepare and submit background check/investigation forms based on the type of investigation required. The minimum Government investigation for a non-sensitive position is a National Agency Check and Inquiries (with fingerprinting). More restricted positions, above non-sensitive, require more extensive documentation and investigation. The Contractor shall notify the Contracting Officer in advance when any new personnel, who are subject to a background check/investigation, will work under the contract and if they have previously been the subject of national agency checks or background investigations.

(d) Investigations are expensive and may delay performance, regardless of the outcome of the investigation. Delays associated with rejections and consequent re-investigations may not be excusable in accordance with the FAR clause, Excusable Delays--see FAR 52.249-14. Accordingly, the Contractor shall ensure that any additional employees whose names it submits for work under this contract have a reasonable chance for approval.

(e) Multiple investigations for the same position may, at the Contracting Officer’s discretion, justify reduction(s) in the contract price of no more than the cost of the extra investigation(s).

(f) Language similar to this Security section shall be included in any subcontracts which require subcontractor personnel to have the same frequency and duration of (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; or (3) access to sensitive HHS data/information, whether in an HHS-controlled information system or in hard copy; access to an information system, access to sensitive data, regular or prolonged access to an HHS-controlled facility.

(g) Inquiries on matters that affect contract compliance or terms and conditions should be directed to the Contracting Officer or designee.

(h) Within seven (7) calendar days after final acceptance of the work specified herein, the contractor shall return all identification badges in accordance with CDC's Policy titled "In- And Out-Processing of CDC FTEs, PSCs, Contractors, and Other Non-FTEs Policy". Contractor employees who separate from service under the contract prior to final acceptance shall be out processed in accordance with that same policy.

(End of Clause)

H.10 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (Jan 2017)

(Contract Clause)

(a) Definitions. As used in this clause–

“Internal confidentiality agreement or statement” means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

“Subcontract” means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

H.11 HHSAR 352.239-74 Electronic and Information Technology Accessibility (December 2015)

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all electronic and information technology (EIT) supplies and services developed, acquired, or maintained under this contract or order must comply with the “Architectural and Transportation Barriers Compliance Board Electronic and Information Technology (EIT) Accessibility Standards” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR part 1194. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

(b) The Section 508 accessibility standards applicable to this contract or order are identified in the Statement of Work or Specification or Performance Work Statement. The contractor must provide any necessary updates to the submitted HHS Product Assessment Template(s) at the end of each contract or order exceeding the simplified acquisition threshold (see FAR 2.101) when the contract or order duration is one year or less. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(c) The Section 508 accessibility standards applicable to this contract are:

(Contract staff must list applicable standards)

(d) In the event of a modification(s) to this contract or order, which adds new EIT supplies or services or revises the type of, or specifications for, supplies or services, the Contracting Officer may require that the contractor submit a completed HHS Section 508 Product Assessment Template and any other additional information necessary to assist the Government in determining that the EIT supplies or services conform to Section 508 accessibility standards. Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found under Section 508 policy on the HHS website: (http://www.hhs.gov/web/508). If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(e) If this is an Indefinite Delivery contract, a Blanket Purchase Agreement or a Basic Ordering Agreement, the task/delivery order requests that include EIT supplies or services will define the specifications and accessibility standards for the order. In those cases, the Contractor may be required to provide a completed HHS Section 508 Product Assessment Template and any other additional information necessary to assist the Government in determining that the EIT supplies or services conform to Section 508 accessibility standards. Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found at http://www.hhs.gov/web/508. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(End of clause)

Section I - Contract Clauses Section I-1 - Clauses Incorporated By Reference I.1 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.acqnet.gov http://farsite.hill.af.mil/ (End of Clause)