75N99019R00001.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

75N99019R00001

2. TYPE OF SOLICITATION

SEALED BID (IFB)

x NEGOTIATED (RFP)

3. DATE ISSUED

02/12/2019

PAGE OF PAGES

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

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

7. ISSUED BY CODE ORF 8. ADDRESS OFFER TO

NIH/ORF/OA Contracting Officer Building 13, Room 2E-47 9000 Rockville Pike Bethesda, MD 20892-5711

National Institutes of Health OD - Office of Research Facilities Building 13, Room 2E-47 9000 Rockville Pike Bethesda, MD 20892-5711

9. FOR

INFORMATION

CALL:

a. NAME

CLARION MILLER

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

+1 301 451 8464

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)

A. Project Title: Multiple Award Construction Contract (MACC)- Indefinite

Delivery/Indefinite Quantity (IDIQ) for Construction Services at the National

Institutes of Health

B. This is a full and open acquisition but includes reserves for SBA Certified Historically Underutilized Business Zones (HUBZone)small business, Service Disabled

Veteran Owned Small Business (SDVOSB), SBA Certified 8(a)small business, and Small

Business (SB). NAICS Code for this acquisition is 236220, small business size standard is $36.5M.

D. The guaranteed minimum amount for the life of this contract is $1,000.00.

E. The total aggregate maximum amount expendable under all MACC contracts awarded shall not exceed $2 billion.

F. The "seed project" disclosure of the magnitude of construction is between $500,000.00 and $1,000,000.00.

G. Companies intending to submit a proposal must ensure they have a current and active registration in the System for Award Management(SAM).

11. The Contractor shall begin performance TBD per TO calendar days and complete it within TBD per TO calendar days after receiving award, x notice to proceed. The performance period is x mandatory negotiable. (See52.211-10 .)

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

x YES NO 12b. CALENDAR DAYS

a. Sealed offers in original and 3 copies to perform the work required are due at the place specified in Item 8 by 1400 (hour) local time

03/14/2019 (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due .

b. An offer guarantee x is, is not required.

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 180 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected .

NSN 7540-01-155-3212 STANDARD FORM 1442 (Rev. 4-85) Prescribed by GSA FAR(48 CFR) 53.236-1(d)

AMOUNTS

OFFER (Must be fully completed by offeror)

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

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

19. ACKNOWLEDGEMENT 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

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

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

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

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

National Institutes of Health OD - Office of Research Facilities Building 13, Room 2E-47 9000 Rockville Pike Bethesda, MD 20892-5711

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT

(Contractor is required to sign this document and return 1 copies to issuing office.)

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

29. AWARD

(Contractor is not required to sign this document.)

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

No further contractual document is necessary.

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

CLARION D. MILLER

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

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

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

SECTION A - Solicitation/Contract Form

Your attention is directed to Section L, Proposal Preparation Instructions, and Section M, Evaluation Factors for Award. The Government may award a contract without discussions, based solely on initial offers received. Therefore, each initial offer received should be submitted on the most favorable terms from both a price and a technical standpoint. There will be no pricing submitted for the ordering period. All prices will be determined at the TO level, this includes the seed project to this MACC solicitation.

SOLICITATION POINTS OF CONTACT

All individuals listed below are to be included in all correspondence regarding this solicitation:

Mr. Clarion (Pete) Miller at pete.miller@nih.gov Ms. Jessica Miller at Jessica.miller@nih.gov

PRE-PROPOSAL CONFERENCE/SITE VISIT

In accordance with FAR 52.236-27, a pre-proposal conference / site visit will be conducted at NIH Bethesda on 25 February 2019. Due to the interest and limited space available, there will be two pre-proposal site visit times. Visit meeting place will be:

Building 45; William H. Natcher Building; Natcher Conference Center, 45 Center Dr, Bethesda, MD 20894

If your company name is A-L you will attend the site visit scheduled at 09:00 AM Local Time (example: The Judge Construction Group would attend the 09:00 AM site visit).

If your company name is M-Z you will attend the site visit at 1:00 PM Local Time (example Stanton Construction Company would attend the 1:00PM site visit).

Please adhere to the site visit date and time instructions as noted above.

The pre-proposal conferences will feature a briefing of solicitation requirements and multiple award processes to be followed by a site visit for the seed project.

Prospective offerors desiring to attend are required to submit a request to attend to the POCs noted above no later than 20 February 2019 at 1PM local time.

Requests must include requestors full name and company name. To receive a visitors pass for access to the NIH campus, personnel must possess form(s) of identification in accordance with REAL ID Act, please verify your identification is acceptable, more information can be found at https://www.nih.gov/about-nih/visitor-information/campus-access-security. Entry to NIH is through the NIH Gateway Center Visitor Gate off Rockville Pike/Wisconsin Avenue (Route 355). Please allow extra time to obtain your pass, as your vehicle will be subject to search. It is highly recommended that visitors arrive at the gate at least one hour prior to the scheduled site visit time. Additional information can be found at NIH Visitor information:

https://www.nih.gov/about-nih/visitor-information.

SUBMISSION OF QUESTIONS / REQUESTS FOR INFORMATION (RFI)

Questions regarding this solicitation shall be submitted via email utilizing to the Request for Information Sheet (attachment 4) to the above mentioned POCs. All questions must be received no later than close of business by 1 March 2019 at 4:00 PM Local Time.

SUBMISSION OF PROPOSALS

Offerors are responsible for submitting proposals as to reach the Government office designated in the solicitation by the date/time specified in Block 13 of the SF1442.

mailto:pete.miller@nih.gov mailto:Jessica.miller@nih.gov https://www.nih.gov/about-nih/visitor-information/campus-access-security https://www.nih.gov/about-nih/visitor-information/campus-access-security https://www.nih.gov/about-nih/visitor-information

NOTE: The method of completion for Representations and Certifications is at System for Award Management (SAM) at https://www.sam.gov/portal/SAM/. Failure to complete all required Representations and Certifications may render your proposal ineligible for award.

SECTION B - Supplies or Services/Prices

B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The National Institutes of Health (NIH), Office of Research Facilities (ORF), Office of Acquisitions (OA) is the steward of NIH facilities and is responsible for the planning, design, construction, acquisition, maintenance and operation of NIH owned facilities. To satisfy this need, a new Multiple Award Construction Contract (MACC) is being solicited to award Indefinite-Delivery-Indefinite-Quantity IDIQ type contracts to a pool of highly qualified contractors that will subsequently compete for individual TOs as requirements materialize.

ITEM NO SUPPLIES/SERVICE

S

MAX QUANTITY UNIT UNIT PRICE MAX AMOUNT

0001 1 Lot Eight-Year Ordering Period

FFP

Work is to be performed in the general construction category to include maintenance, repair, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving, and earthwork to support industrial/office/laboratory/medical/animal care buildings at any facilities leased or owned by NIH. Work shall be performed in accordance with the terms and conditions of the contract, General Provisions, and any resultant Task Order. Minimum Guaranteed Contract Amount: $1,000.00. The total aggregate maximum amount of this overall program, shall not exceed $2,000,000,000.00 inclusive of all awardees during the eight year ordering period.

FOB: Destination

MAX

NET AMT

0.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,000.00 $700,000,000.00

C.1. GENERAL

SECTION C - Description/Specifications

As a part of the U.S. Public Health Service under the Department of Health and Human Services, the https://www.sam.gov/portal/SAM/

National Institutes of Health (NIH) is the Federal Government's primary biomedical research agency. The NIH's mission is to seek fundamental knowledge about the nature and behavior of living systems and the application of that knowledge to enhance health, lengthen life, and reduce the burdens of illness and disability. Composed of 27 Institutes and Centers, the NIH provides leadership and financial support to researchers in every state and throughout the world. The NIH is seeking qualified contractors to perform work in support of this mission.

C.2. DESCRIPTION The National Institutes of Health (NIH), Office of Research Facilities (ORF) is the steward of NIH facilities and is responsible for the planning, design, construction, acquisition, maintenance and operation of NIH owned facilities, which include campuses in:

· Bethesda, Maryland,

· Frederick, Maryland,

· Poolesville, Maryland,

· New Iberia, Louisiana ,

· Research Triangle Park, North Carolina

· The Rocky Mountain Laboratories (RML) in Hamilton, Montana.

ORF's mission is to provide high quality, safe, state-of-the-art laboratory, clinical, animal and supporting facilities in response to NIH's current and emerging scientific goals and objectives consistent with the HHS Strategic Plan. Primary drivers to support this include:

- Existing, new and expanding science program requirements; and the

- Availability and suitability of facilities that comply with The Joint Commission (TJC), the Association for the Assessment and Accreditation of Laboratory Animal Care (AAALAC), the College of American Pathologists (CAP), other applicable codes and standards and guidelines.

- ORF requires construction, Design-Bid-Build and Design-Build, alterations, and repair services for the following types of spaces:

- Clinical and patient care units and all related areas to include general and specialized hospital spaces, including surgical areas

- General or highly specialized biomedical research laboratory spaces and all associated support areas to include Aseptic Production Facilities (APF), current Good Manufacturing Practice (cGMP), vivarium facilities, Bio-safety level BSL-2, BSL-3, and BSL-4 laboratory

- General or highly specialized animal spaces and all associated support areas

- Office, administrative, public and all associated support areas

- Interior and exterior utility systems including chiller and steam plants, electrical vaults, etc.

- Parking Garages

ORF aims to establish Multiple Award Construction Contract (MACC) indefinite delivery/indefinite quantity (IDIQ) contracts with capacity to meet the needs identified above.

The Government intends to award approximately three (3) multi-award Indefinite Delivery Indefinite Quantity (IDIQ) contracts for each of the following reserves: SBA certified Historically Underutilized Business Zones (HUBZone) small business, Service Disabled Veteran Owned Small Business (SDVOSB), SBA certified 8(a) small business contractors, and Small Business; and four (4) Unrestricted/Full and Open. The cumulative ceiling for all awards not to exceed $2B for the life of the contracts.

C.3. DEFINITIONS & ACRONYMS

A list of applicable definitions & acronyms, see attachment 10

C.4. GENERAL CONDITIONS OF THE MACC

C.4.1 The office having administrative jurisdiction over the MACC and subsequently issued task orders (TO) shall be:

NIH/ORF/OA

MACC Contracting Officer 9000 Rockville Pike Building 13, RM2#47, MSC 5738 Bethesda, MD 20892

C.4.2 Only a warranted Contracting Officer (CO) acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of the MACC and subsequently issued TOs. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of the MACC or subsequently issued TOs, the contractor is hereby directed not to proceed with the change and immediately notify the Contracting Officer.

C.4.3 The Contracting Officer's Representative (COR) means an individual who is designated and authorized in writing by the contracting officer (CO) to perform specific contract administration or technical functions on contracts and/or task/delivery orders.

· The term COR includes any individual performing these types of functions on contracts regardless of the term used to describe their position, specialty or assignment (e.g. Program or Project Officers (POs) Alternate CORs, Assistant CORs, Contracting Officers, Technical Representatives (COTRs), task order monitors, task order managers, performance assessment monitors, etc)

· A COR will be designated by the Contracting Officer for every task order. This assignment will be expressed to the Task Order Contractor at or before the pre-construction/kick-off meeting.

· CORs serve a critical and vital role in assuring contractors meet the performance requirements of the contract in terms of quality, quantity, schedule, and of course cost/price. CORs are equally critical in assuring government requirements under the terms and conditions of the contract are met (e.g. contractor gets paid on time, receives government provided information or property in a timely manner, etc.)

· Only Contracting Officers have the authority to delegate these functions and assign a COR. A COR is not authorized to further delegate any of this responsibility.

C.4.4 No deviations, or waivers to the MACC or subsequently issued TOs shall be effective without a modification executed by a Contracting Officer, authorizing such changes, deviations, or waivers.

C.4.5 Each MACC will be assigned an individual contract number. Enumeration of TOs, hereafter referred to as an order, task order or orders, will consist of a numbering system comprised of the MACC contract number and the corresponding task order number.

C.4.6 For accounting and appropriation data purposes, each task order shall be individually funded.

C.4.7 All correspondence and data submitted by contractors under the MACC must reference the contract number, task order number, project title, and project number (if applicable).

C.4.8 The Contractor accepts the relationship of trust and confidence established with the Government by this contract, and covenants with the Government to furnish the Contractor's reasonable skill and judgment and to cooperate with the Architect/Engineer (A/E) and designated project representatives in furthering the best interests of the Government. The Contractor shall furnish construction administration and management services and use the Contractor's best efforts to perform the project in an expeditious and economical manner consistent with the interests of the Government and contract requirements.

C.4.9 The NIH requires the Contractor to provide all personnel and equipment to perform the supervisory and administrative services and all subcontracted and self-performed labor, materials and equipment to provide full and complete execution of work in accordance with each TO.

C.4.10 The selected contractors must maintain a professional staff with the ability and expertise to manage and supervise each TO. The Contractor will be required to obtain any other services deemed necessary for effective execution of TOs. The Contractors shall have the complete responsibility for the construction.

C.4.11 Selected contractors shall have sufficient and available single and aggregate bonding capacities to perform required project tasks.

C.4.12 The services described or specified shall not be deemed to be all encompassing having the effect of excluding services not specifically mentioned but necessary to execute the contract.

C.4.13 It is the intent of the Government to utilize electronic documentation and e-mail as much as practicable for all communications, reports and records in the design and construction of this project. The Contractor shall provide all required submissions in an applicable, if not already designated format by the contract or specifications. Electronic copies will be provided unless otherwise noted.

C.4.14 The Contractor shall consult with the Government, A/E and designated representatives regarding site use and improvements, and the selection of materials, building systems and equipment. The Contractor shall provide recommendations on actions designed to minimize adverse effects of labor or material shortages, time requirements for procurement, installation and renovation/construction completion; and factors related to construction cost including estimates of alternative designs or materials, preliminary budgets, and possible economies.

C.4.15 Where the A/E of Record is under contract to the Government, the Contractor will be provided with the drawings in the current NIH-Specified version of AutoCAD and in the NIH-Specified version of REVIT by Autodesk (including Revit Architecture, Structure, and MEP), which is a Building Information Modeling system (the "REVIT/BIMs"). The Construction Contractor may use A/E's REVIT/BIMs in creating BIMs for construction.

Where the Contractor A/E is the designer of record, the contractor shall be responsible for the development and maintenance of the BIM using the specified version of REVIT/BIM. In either case, the Construction Contractor shall keep its BIMs current throughout the construction project and at the completion of the project shall deliver As-Built BIM and BIM Record Documents to the Government.

C.4.16 Earned Value - Contractor shall provide with their Final Schedule Submission, a Monthly Total Estimated Invoice Amount with a corresponding description of work to be delivered for that amount for the duration of the schedule. This monthly invoice amount along with the narrative description of delivered work and milestone shall be used as the baseline for delivery of work. The approved actual invoice amount will be measured against this baseline, unless stated otherwise in the TO.

C.4.17 Problem Solving - Inherent with the performance of the Contractor services is the cooperation, advice and actions necessary to identify, resolve, and implement expeditious solutions to problems arising during the execution of the project.

C.4.18 Unless specified otherwise in the TO, all documents prepared under this contract shall comply with the latest edition of the applicable design policies, guidelines and standards. Many of the applicable design policies, guidelines and standards at the time of award are available on the Web at:

http://orf.od.nih.gov/PoliciesAndGuidelines/

Those policies, guidelines and standards not available on the Web will be provided as part of the TO. These guidelines establish the minimum level of quality and NIH-specific requirements for all design and construction projects at NIH. The minimum requirements in this document, as modified by project-specific variances, shall be thoroughly coordinated and reflected in the drawings and specifications. The Contractor shall also comply with the latest edition of all applicable National and International codes, standards and regulations.

C.4.19 Work within NIH Clinical Center Complex shall comply with the Joint Commission construction requirements and NIH Interim Life Safety Measures (ILSM) and Construction Risk Assessment (CRA) http://orf.od.nih.gov/PoliciesAndGuidelines/ established by the NIH Division of Fire Marshall, ORF Office of Hospital Physical Environment (OHPE), and NIH Clinical Center. NIH Clinical Center Complex (CCC) Interim Life Safety Measures (ISLM) and Construction Risk Assessment (CRA). For Design/Build projects within the Clinical Center Complex, the Contractor shall follow the procedures outlined in the NIH Clinical Center Complex Interim Life Safety Measures (ISLM) and Construction Risk Assessment (CRA). Where the A/E firm is under contract to the Government the ISLM and CRA will be part of the construction contract requirements.

C.4.20 Animal Holding and Support Spaces: Renovation of animal spaces and associated support spaces shall comply fully with the requirements of the Association for Assessment and Accreditation of Laboratory Animal Care (AAALAC), NIH Design Requirements Manual (DRM) for Biomedical Laboratories and Animal Research Laboratories, and in consultation with NIH users and veterinary staff.

The latest edition is available at the following address:

https://www.orf.od.nih.gov/PoliciesAndGuidelines/Documents/DRM/DRM1.2120718.pdf

C.4.21 Renovation work in laboratory areas cannot start until the work area has been certified by the ORS Division of Safety as being clear of any hazardous material.

C.4.22 NIH Security: All Contractor vehicles, including delivery trucks and vans, will be inspected before being allowed on campus and will be asked to show a photo ID that conforms to the Real ID Act and state the purpose of their visit; however, Contractors and Vendors with frequent official business at NIH can be issued special temporary IDs. Be sure to allow extra time for this vehicle inspection procedure.

C.4.23 Weed Control: The Contractor will implement a weed control maintenance program to mitigate weed growth and prevent rodent infestation around construction sites, including along construction fence lines. This includes regular grass cutting.

C.4.24 Telephones: The Contractor shall be required to provide a local telephone number where a Contractor representative can be reached by the NIH for ordering work or any other purpose in connection with the work, 24 hours a day, 7 days a week and in case of emergencies.

C.4.25 Data/LAN Connection: The Contractor shall be required to provide its own data/LAN connection in order to provide Internet and data connectivity.

C.4.26 The Contractor shall create, manage, and make available to NIH a Web-based collaboration system to share and store files. This Web-based product to share and store files must be mutually agreed on by both parties. Each task order will provide detailed instruction(s).

C.5 GENERAL RESPONSIBILITIES OF THE CONTRACTOR

Inherent with the performance of services set forth is the cooperation, advice and actions necessary to identify, resolve, and implement solutions to problems arising during Projects. To this end, the Contractor shall:

· Independently, and not as an agent of the Government, provide all labor, materials, supervision, coordination, appliances, equipment, transportation, and any other element or item, as required, for full and complete execution of the work as described herein and individually awarded TOs

· Be responsible for, and capable of, performing all associated demolition, removal of hazardous material, and construction of projects. In the event that asbestos or any other hazardous materials are encountered in the course of the construction, the Contractor shall inform the CO and COR immediately to coordinate with the Division of Environmental Protection.

· Maintain a staff with the ability and expertise to perform, manage and supervise the work. The Contractor shall be required to obtain any other consultant services deemed necessary for effective execution of the work.

· Furnish professional skill and judgment and to perform the services in the most expeditious, economical and safe manner consistent with the best interests of the Government.

https://www.orf.od.nih.gov/PoliciesAndGuidelines/Documents/DRM/DRM1.2120718.pdf

· Throughout the duration of the contract, the Contractor shall provide progress, financial and/or other reports as specified in other sections of this contract to keep NIH fully apprised of the project status at all times.

C.6 GENERAL CONSTRAINTS TO THE WORK

The Contractor shall take into consideration restrictions or limitations for working on the NIH campus, such as:

C.6.1 Field Office space, long-term material storage space or long-term staging areas on the NIH Bethesda, MD campus shall not be provided to the Contractor. The Contractor shall work from their own off-campus facilities. [Note: Under certain circumstances the government may elect to provide temporary field office space and/or material storage space specific to the task order.]

C.6.2 Construction access, contractor laydown areas, use of existing elevators and/or installation of temporary hoisting equipment and cranes, work hours, noise and vibration generating activities, security, safety and environmental compliance are highly monitored and regulated on the NIH campus.

C.6.3 The use of equipment which produces substantial noise or vibration in buildings, such as pneumatic hammers, electrical or powder activated tools, etc., are allowed as long as the use of it is in compliance with OSHA standards, used only during certain hours of operation, and are in compliance with issued CRA/noise criteria, Security, and other restrictions. When using powder tools, the Contractor shall ensure that each cartridge, spent or unspent, is accounted for at the end of the day.

C.6.4 Use of gasoline fueled compressors or other equipment are prohibited in Building 10.

C.6.5 The Contractor shall make every effort to control dust and flying debris, and protect all adjacent areas, as they will be occupied in many instances. [Notably - Patient treatment standards for infection control, particularly with immune compromised patients, and sensitive research with optical instrumentation require tight control of dust and debris within and around Building 10.]

C.6.6 Compliance with International Building Code (IBC), National Fire Protection Association (NFPA) codes and standards, Interim Life Safety Measures (ILSM), Construction Risk Assessment (CRA) and Joint Commission (JC) [Refer to SECTION H - INTERIM LIFE SAFETY MEASURES for full text]. In summary, work within Building 10 shall comply with the Joint Commission construction requirements and NIH Interim Life Safety Measures (ILSM) and Construction Risk Assessment (CRA) established by the NIH Division of Fire Marshal, ORF Office of Hospital Physical Environment (OHPE), and NIH Clinical Center.

a. The Contractor and all their subcontractors shall successfully complete the Annual Joint Commission (JC) training course given by ORF Division of Technical Resources (DTR) prior to conducting work in the NIH Clinical Center Complex (Building 10). The contractor must notify the government with the employee / subcontractor name and number of workers a minimum of 14 calendar days in advance of mobilizing construction activities to provide sufficient time for the government to conduct JC training for all personnel. On an emergency basis only, personnel who have not undergone advance JC training may obtain training before being allowed entry and permission to work at NIH's discretion. The Contractor shall factor in all cost associated for compliance with this requirement.

b. The Contractor shall comply with the ILSM established by the NIH Division of the Fire Marshal or the Clinical Center. These measures shall be implemented for all construction, renovation and alteration work and periods when the work compromises the fire protection systems such that the facility does not meet applicable provisions of the Life Safety Code®.

c. The Contractor shall comply with Construction Risk Measures that identify and address hazards that could potentially compromise patient care, treatment, and services in occupied areas of the Building 10 complex.

C.6.7 Utility shutdowns once scheduled shall be strictly adhered to, as continuity of utilities is imperative.

C.6.8 The spaces adjacent to areas being renovated or expanded will remain occupied by NIH researchers, employees and visitors during the performance of work enabling NIH researchers' work to go forward.

Construction cannot and will not be allowed to materially interfere with ongoing research activities. [Note - As a consequence of the criticality of surrounding research functions, all demolition of existing systems as well as all construction activities need to be reviewed and scheduled in advance to ensure maintenance of service as well as any planned disruptions to said research.]

C.6.9 The Contractor must comply with the NIH Department of Environmental Protection Construction Dumpster Program for sustainable credits and LEED certification requirements. Disposal of liquids or fluids in government provided soiled waste dumpsters is prohibited. All metals shall be segregated and deposited into separate dumpsters, in accordance with DEP recycling guidelines.

C.6.10 Projects may require working closely and coordinating with other Government contractors in and around the contract facilities.

C.6.11 Use of Electronic Documentation / Applicability and Compliance with Section 508 of the Rehabilitation Act of 1973 - It is the intent of the Government to utilize electronic documentation and e-mail as much as practical for all submissions, communications, reports, and records in the execution of this contract.

a. For normal office use, the Government utilizes the Microsoft Office Suite. The Contractor shall utilize software and provide deliverables compatible with the Government applications.

b. In accordance with the requirements of FAR 39.204, Electronic and Information Technology (EIT) products or services the Contractor develops, procures, maintains, or uses that are incidental to a contract are not subject to Section 508 requirements. However, electronically submitted reports shall be in a HHS Section 508 Policy compliant format (i.e. font size no less than 12 pt.).

c. All reports required herein shall be submitted in electronic format. In addition, one hardcopy of each report shall be submitted to the Contracting Officer.

d. All electronic reports submitted shall be compliant with Section 508 of the Rehabilitation Act of 1973. Additional information about testing documents for Section 508 compliance, including guidance and specific checklists, by application, can be found at: http://www.hhs.gov/web/508/index.html under "Making Files Accessible."

e. All paper/hardcopy documents/reports submitted under this contract shall be printed or copied, double-sided, on at least 30 percent post consumer fiber paper, whenever practicable, in accordance with FAR 4.302(b).

C.6.12 The NIH has been declared a Non-Smoking Campus. Smoking is not allowed at all on the NIH property, including construction sites.

C.6.13 Failure to Provide Qualified Personnel Repeated failure or excessive delay by the Contractor to provide personnel that meet the stated requirements and are acceptable to the Government to perform the services contracted for may be deemed sufficient reason by the CO to terminate the work under this contract in whole or in part, which termination shall be provided in the Termination Clause of the Contract.

C.6.14 Coordination of Work Activities The Contractor shall be responsible for project coordination including, but not limited to, permits, shutdowns, road closures, etc. with adjacent and/or ongoing NIH operations and staff, other contractors activities and surrounding State, Local, and Federal offices.

NOTE: TOs will have detailed "general requirements" specific to the work to be performed under that task order.

C.7 CONTRACT STAGES

The stages under this contract may include, but not limited be to: (1) Pre-Construction; (2) Construction and Commissioning; (3) Activation; and (4) Closeout. The Task Order will identify the Contract Phase(s) and the specific elements of work to be performed for each phase.

http://www.hhs.gov/web/508/index.html

C.7.1 PRECONSTRUCTION SERVICES

Services include but are not limited to: Design (as part of Design/Build), surveys of existing conditions, constructability reviews, special studies relating to construction means and methods, and/or other services as described in the Task Order.

C.7.1.1 CONTRACTOR A/E DESIGN AS PART OF DESIGN BUILD

C.7.1.2 When required, Design submissions and reviews will take place at the 35%, 65%, 95% and 100% stages unless otherwise required by the Task Order. NIH will review and provide comments on each planning submission in accordance with Appendix E of the DRM. Design cannot proceed to the next submission until all submission comments have been discussed and the COR has authorized design to proceed to the next stage. Unless noted otherwise in the Task Order, within two weeks after receiving the Pre-final Submission review comments the Contractor shall forward final design sets to the COR.

C.7.1.3 The Contractor A/E shall develop project-specific plans and specifications. For those items not covered in the NIH Specifications, the A/E will develop the new specification using the latest version of the AIA (American Institute of Architects) Masterspecs® as the baseline to develop a project-specific specifications. The task order will specify format and quantity of deliverables for each submission.

C.7.1.4 The Contractor or their design consultant or subcontractor shall indicate the facility number for existing equipment (located on existing equipment or documented on ORF Record Drawings) on all design and construction documents. If these indicated items are to be removed and/or replaced during the completion of the task by direction of the design or construction documents, these items will be catalogued, and new facility numbers shall be established. The Contractor shall work with the designated ORF office to identify and codify the replaced, relocated, or new equipment using the designated procedure currently being used by Real Property Management Office (RPMO). This includes displaying the facilities numbers of existing equipment. Obtaining new facility numbers for new equipment from RPMO and displaying both set of numbers, at the final design submission.

If requested in the task order, the contractor shall provide cost estimates at each submission milestone for Design/Build tasks. All estimates shall include unit costs for labor, material and equipment and include appropriate mark-ups. The TO will specify format and quantity of deliverables for each submission.

Unless specified otherwise in the TO, drawings shall be developed using the current NIH-specified version of AutoCAD and the NIH-specified version of REVIT by Autodesk (including REVIT Architecture, Structure, and MEP), which is a Building Information Modeling system, "REVIT/BIMs"). The drawing submission shall include hard copies [six (6) full size, two (2) half size sets] and computer files on CD [two

(2) ea.] or other specified electronic media.

C.7.1.5 CONSTRUCTABILITY REVIEWS:

When required by the Task Order, the contractor shall review the drawings for constructability, review the A/E's schedules and budgets, and submit comments to NIH on their feasibility.

The Contractor shall also verify that the completed submission complies with the latest edition of the NIH Design Policy and Guidelines, Design Review Manual, and/or applicable codes and standards in effect at the time of the Design award. The Contractor shall collect review comments from all parties, prepare a consolidated list of all comments, adjudicate any conflicting comments, and transmit the consolidated comments to the COR with the Contractor's designation of its response to each review comment.

Note: The Contractor shall be responsible for coordinating the satisfactory resolution of the A/E responses to the Government's review comments as necessary.

Prior to start of the construction documents, advise the COR and A/E on the availability of labor and materials within the local area. Provide timely advice to the COR and A/E on cost-reducing alternatives, which can be employed without impairing the overall quality level of the project, any defects, conflicts, ambiguities, discrepancies, or lack of clarity in contract documents, including the use of proprietary material.

C.7.1.6 PRE-AWARD SITE INSPECTIONS:

Upon receipt of the scope of work, including applicable drawings, and following a brief time period for reviewing the documents, the contractor shall inspect the job site. It is expected the Contractor will be present at the site visit, along with any subcontractors or suppliers invited by the Contractor. Any deficiencies, conflicts, or other areas of concern existing in the scope of work and applicable drawings, should be brought to the attention of the Contracting Officer in writing. The contractor shall also notify the Contracting Officer, in writing, upon observing any features in the design/drawings/specifications/statement of work or solicitation document that appear to be ambiguous and/or conflicting.

C.7.1.7 PRE-CONSTRUCTION CONFERENCE

Prior to commencing work under a TO, the contractor will be required to meet with the Contracting Officer and/or designated technical personnel at an agreeable time to both parties to discuss and develop mutual understandings concerning schedule and administering work. Information regarding individuals to contact to arrange a pre-construction conference will be provided at execution of an order. The contractor is responsible for ensuring this conference takes place promptly following award.

C.7.1.8 CONTRACTING OFFICER'S REPRESENTATIVE

1. Contracting Officers shall appoint COR to provide technical oversight and administration of individual TOs. All matters concerning the MACC or resulting TOs, however, shall remain under the authority of the Contracting Officer.

2. The Contracting Officer is the only person authorized to commit the Government to a contract action. Only Contracting Officers with appropriate warrant levels have the authority to modify the term and conditions of the MACC, and/or subsequently issued TOs.

3. A list of the names and telephone numbers of the Government team comprising the Contract Administrator/Specialist/Officer, COR, consultant, and point of contact at the project site may be provided at the post award conference and/or pre-construction conference when appropriate.

C.7.1.9 AMBIGUITY/CONTRACT INTERPRETATION

1. This written contract and any and all identified writings or documents incorporated by reference herein or physically attached hereto constitute the parties complete agreement and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify or contradict it.

Any ambiguity in the contract will not be strictly construed against the drafter of the contract language but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting. Further, the Contractor has a duty to identify any ambiguity during the solicitation and not act on their unilateral interpretation of the instrument.

2. It shall be the obligation of the Contractor to exercise due diligence to discover and to bring to the attention of the Contracting Officer at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated by reference herein. Failure to comply with all obligations shall be deemed a waiver and release of any and all claims for extra costs or delays arising out of such ambiguities, discrepancies, inconsistencies, and conflicts.

C.7.2 CONSTRUCTION SERVICES

a. Construction services shall be provided in response to individual TOs. The work may vary from routine general construction to renovating, retrofitting, or installing highly complex mechanical, plumbing, electrical, structural or containment systems that are used in biomedical laboratory and animal spaces to protect the occupant and the environment. Tasks will involve a variety of disciplines and trades and special expertise including, but not limited to, architecture, mechanical, electrical, structural engineering, bio-security, commissioning, carpentry, road repair, roofing, excavation, medical gasses, HVAC, interior electrical, steam fitting, millwork, plumbing, sheet metal, painting and other finishes, demolition, concrete, masonry, welding, asbestos, and other hazardous material abatement. The Contractor shall work closely with the COR in the execution of all TOs.

b. The Contractor shall have sufficient materials on-site or under their direct control to aggressively and without interruption pursue construction once started through substantial completion. The Contractor shall demonstrate to the COR's satisfaction that this condition has been met prior to starting construction.

c. On all awarded TOs, the Contractor shall be responsible for the following at a minimum:

The Contractor shall provide an on-site office trailer and a staging area if required in support of this contract as shown on the bridging documents or as specified in the Task Order.

1. Management and Coordination of subcontractors.

2. Maintaining Schedule.

3. Construction Quality Control.

4. Safety.

5. Testing services, including construction material testing, factory witnessing, and field investigation and testing as required in support of this contract.

6. Project Management.

7. Development of cost loaded schedules and/or list of values for projects under $20M or as directed by the

TO.

8. Earned value management for projects over $20M or as directed by the TO.

9. Coordination (permits, shutdowns, road closures, document review) with state, local, and federal offices and internal NIH offices.

10. Coordination of work with surrounding Government and Contractor activities.

11. Contractor will be responsible for documenting (photo, video, instrument readings, etc.) existing condition such as ambient sound levels (especially in work areas adjacent to occupied spaces), wall and floor finishes, elevator, ceilings, HVAC, mechanical, electrical and plumbing equipment and lines.

12. As required in the specific Task Order, Asbestos, Lead-based paint, PCB's, mercury, and hazardous waste abatement and remediation to include the surveying, inspecting, testing, abating, remediate, and disposal. This will also include remediation and abatement planning and design, including cost estimating.

13. Compliance with relevant environmental codes and regulations.

14. Compliance with HHS sustainability goals and requirements.

15. Record Documents.

16. Progress Meeting and minutes.

17. Commissioning.

d. SCHEDULING AND PROCESS FOR PRE-FINAL AND FINAL INSPECTIONS:

Pre-Final Inspection. When the contractor is ready for final inspections, a request will be forwarded in writing to the Contracting Officer for a Pre-Final Inspection five days prior to the desired date or as otherwise negotiated with the Contracting Officer. Once the Contractor has requested and the Contracting Officer has approved the Pre-Final inspection date, the Government inspector(s) will proceed. Pre-Final and Final inspections shall be scheduled prior to the completion date of the Task Order. Discrepancies noted during the Pre-Final Inspection will be furnished by the Government inspector to the Contracting Officer. The Contracting Officer is responsible for furnishing a complete punch list, in writing, to the Contractor. Items noted on the punch list will be completed prior to scheduling a final inspection.

Final Inspection. When the Contractor is ready for final inspection, he shall request so in writing to the Contracting Officer at least 2 days prior to the desired date. The final inspection will be performed typically with representation from Contracting, Engineering and the contractor as a minimum. Should discrepancies be noted, the punch list items are to be completed within the established performance period. The Contracting Officer reserves the right to decline the contractor's request for a final inspection or suspend the final inspection when it is evident that the contractor is not ready for a final inspection. The Contracting Officer will provide rationale for such a denial. Record Documents such as As-built drawings, real property data, warranties, O&M manuals, etc., may be turned-in at the time of final inspection.

e. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1. Unless specified otherwise in a task order, this paragraph specifies the procedure for the determination of time extensions for unusually severe weather. In order for the Contracting Officer to award a time extension for unusually severe weather, the following conditions must be satisfied:

2. The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

3. The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.

4. Weather delays will be based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The contractors progress schedule must reflect consideration of these anticipated adverse weather delays in all-weather dependent activities.

5. Upon acknowledgment of the notice to proceed (NTP) and continuing throughout the contract, the contractor will record on the daily Contractor Quality Control (CQC) report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delays must prevent work on critical activities for 50 percent or more of the contractor's scheduled workday.

6. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in accordance with the criteria previously described above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a bilateral modification.

C.7.3 ACTIVATION

When required by the Task Order, the Contractor shall provide services as required to plan, organize, program, schedule, monitor and control the relocation of the new occupants from their existing facilities.

This may involve conducting in-depth surveys, coordinating and supervising the relocation of existing equipment and furnishings, and researching, ordering, receiving and installation of new equipment, furniture and fixtures (FF&E); and coordinating them all within the user's new spaces in the facility. The actual physical moves will be performed by others, but the Contractor shall provide all materials and services required to schedule, coordinate, monitor, support and control the overall moves of the occupants.

All surveys, reports and other documentation regarding these services…