75N99023R00003 - RFP.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

National Institutes of Health

OD - Office of Research Facilities

Building 13, Room 2E-47 9000 Rockville Pike

ORF

Bethesda, MD 20892-5711

EMAIL ONLY to NIH/ORF/OA Contracting Officer

Building 13, Room 2E-47 9000 Rockville Pike Bethesda, MD 20892-5711

ADDISON MILLER +1 301 435 4320

1x 12/01/2022

75N99023R00003

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

A. Project Title: 8(a) Multiple Award Construction Contract (MACC)- Indefinite

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

Institutes of Health, Research Triangle Park (RTP), North Carolina

B. This is a full and open acquisition set aside for SBA Certified 8(a)small businesses.

C. NAICS Code for this acquisition is 236220, small business size standard is $39.5M.

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 $49,999,999.00.

F. The "seed project" disclosure of the magnitude of construction is between

$250,000.00 and $500,000.00.

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

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

0 0 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

01/11/2023

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

National Institutes of Health OD - Office of Research Facilities

Building 13, Room 2E-47 9000 Rockville Pike

ORF

Bethesda, MD 20892-5711

ADDISON T. MILLER

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 118

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

75N99023R00003

Period of Performance: 03/20/2023 to 03/19/2028

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

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION A - Solicitation/Contract Form

SOLICITATION POINTS OF CONTACT

Individuals listed below are to be included in ALL correspondence regarding this solicitation:

Mr. Addison Miller, Contracting Officer, at addison.miller@nih.gov; 301-435-4320 Ms. Eve Van Buren, Contract Specialist, at eve.vanburen@nih.gov; 984-287-4385

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.

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum order value for each Delivery/Task Order issued shall not be less than $2,000.00. The maximum order value for each Delivery/Task Order issued shall not exceed $20,000,000.00.

SECTION C - Description/Specifications

C.1. GENERAL

As a part of the U.S. Public Health Service under the Department of Health and Human Services, the 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. The campus included in this contract is:

· Research Triangle Park, North Carolina

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), and 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:

- General or highly specialized biomedical research laboratory spaces

- 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.

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 to SBA certified 8(a) small business contractors. The cumulative ceiling for all awards is not to exceed $49,999,999.00 for the life of the contracts.

C.3. DEFINITIONS & ACRONYMS

A list of applicable definitions & acronyms are available in the attachment.

C.4. GENERAL CONDITIONS OF THE MACC

For Section C, Statement of Work, please reference RTP Specific Specifications (Attachment 8) listed under Section J of this solicitation. If there are conflicts between the RTP Specific Specifications and Section C, then the most stringent requirement will apply.

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

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/or 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 and/or 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 Deleted.

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 NIEHS Health and Safety Branch 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.

· 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 campus may not be provided to the Contractor. The Contractor shall work from their own off-campus facilities, unless space is approved by the Government in issued task order. [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., must be approved by the Government. If approved, the contractor must ensure equipment use 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 Deleted

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.

C.6.6 Utility shutdowns once scheduled shall be strictly adhered to, as continuity of utilities is imperative.

C.6.7 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.6.8 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.6.9 Projects may require working closely and coordinating with other Government contractors in and around the contract facilities.

C.6.10 Deleted.

C.6.11 The NIH has been declared a Non-Smoking Campus. Smoking is not allowed at all on the NIH property, including construction sites.

C.6.12 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.6.13 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.

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%/Pre-Final 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 and incorporating Pre-Final Submission comments and Government acceptance of the Pre- Final Submission 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").

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 materials.

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, controls, 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. If specified by a task order, the Contractor shall provide an on-site office trailer and a staging area if required in support of this contract.

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

Refer to RTP Specific Specifications

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 shall be provided in writing to the COR and CO.

C.7.4 CLOSEOUT

Refer to RTP Specific Specification SECTION_01_78_00--Closeout

SECTION D - Packaging and Marking

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SECTION E - Inspection and Acceptance

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SECTION F - Deliveries or Performance

F.1 DELIVERABLES

a. All deliverables required under this Contractor Safety and Health Section must be provided to the NIH Contracting Officer Representative (COR) and HSB Safety Officer (om-hsb@niehs.nih.gov ). All deliverables shall be submitted at least 14-working days prior to the commencement of work activities. The deliverables must be in either MS Word or Adobe Acrobat format.

b. Acceptance of a deliverable by the NIH indicates only that the Government has received the item.

Acceptance of a deliverable does not waive or lessen any contract requirements or the contractor's obligation to meet all contract requirements and correct any later discovered deficiencies.

c. Delays caused by failure to timely submit the required documentation shall not be considered a reason for extension of contract time or increase in costs to the Government.

d. Contractor shall provide submittals in accordance with Specification Section 01 35 26, Governmental Safety Requirements.

SECTION G - Contract Administration Data

G.1. TASK ORDERS

G.1.1. ORDERING PROCEDURES

a. A Task Order Request for Proposal (TORFP), hereafter referred to as an "RFP" or "RFPs", shall be issued to MACC contractors when construction requirements arise. TOs may be for construction only services or design-build at the NIH Research Triangle Park campus in North Carolina.

b. The Contracting Officer may exercise broad discretion in developing appropriate order placement procedures, to include evaluation criteria, in accordance with FAR 16.505; considering the information at 16.505(b) to include its subsections.

c. Task Order projects may be non-complex performance-oriented tasks requiring minimal design, may be complex construction requiring design development for design-build construction, or a combination thereof. Projects will be varying in size and complexity. The TOs may be written based on a Government/Contractor Team cooperative scoping of the work in order to develop a mutually agreed upon

Statement of Work. The TO may or may not have traditional plans and specifications but may include sketches, and requests for catalog cuts, and other submittals.

d. Contractors shall be provided a Statement of Work (SOW), Statement of Objectives (SOO), plans and specifications, pertinent supplemental specifications, construction drawings, and/or any other requirements (e.g. proposal requirements, price schedule, etc.) needed for adequate proposal submission. The Government may provide these items as electronic media, such as web postings, e-mail or CD ROM at its option. All further reproduction of the SOW, specifications, and drawings shall be solely at the Contractor's expense.

e. Contractors shall be required to furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design if applicable, taxes (local, state and federal) and all other associated costs necessary to fulfill the requirement specified in each order RFP. Proposals shall include at a minimum all labor wages, management, supervision, mobilization, material and equipment costs, bonding, taxes and any costs associated for completion of the construction project.

G.2. TASK ORDER ISSUANCE

a. TOs maybe issued using the Standard Form (SF) 1442, OF 347, or other authorized SF, HHS and NIH forms as appropriate. Orders may be issued electronically via e-mail, regular mail, telephone, facsimile, or other authorized electronic means. The Contracting Officer is authorized to issue orders and provide written confirmation of oral orders, if applicable, under the contract.

b. All orders issued from the MACC basic contract shall be Firm-Fixed-Price (FFP), individually funded, and have an individual period of performance.

c. The Government shall reserve the right to issue orders non-competitively for projects involving exigent or extraordinary circumstances that threaten patient safety, or which may be necessary to mitigate damage to NIH facilities or other real property. Orders may also be issued non-competitively in order to satisfy the minimum guarantee.

d. The Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs, except as authorized by duly executed TOs.

e. Modifications to TOs will be issued on Standard Form (SF) 30.

f. Each Contractor is required to submit a reasonable number of good faith proposals for TO Request for Proposals. Contractors are not obligated to propose on all TOs; however, they are required to contact the Contracting Officer within two days of notification if they cannot participate in the walk through or submit an offer. Failure to provide this notification may impact future consideration for TO Request for Proposal.

g. Only the Contracting Officer may issue TOs to the Contractor, providing specific authorization or direction to perform work within the scope of the contract and as specified in the Statement of Work.

Unless specifically authorized by the Contracting Officer, the Contractor shall not commence work until a fully executed Task Order has been awarded. The Contractor may incur costs under this contract in performance of TOs and task order modifications issued in accordance with this section.

No other costs are authorized unless otherwise specified in the contract or expressly authorized by the CO.

G.3. MINIMUM GUARANTEE

a. The MINIMUM guarantee for each recipient of a MACC award shall be $2,000.00 for the life of the contract. The minimum guarantee shall be obligated via a TO at the time of the IDIQ contract award using project funds.

b. A minimum guarantee shall be considered satisfied upon notification of a Task Order award processed in the amount of $2,000.00 or more.

c. TOs may be issued non-competitively when it is necessary to place an order to satisfy the minimum guarantee or another exception applies.

G.4. TASK ORDER COMPETITION

a. Competition for issuance of TOs is limited to those awardees under this contract.

b. MACC contractors shall be provided fair opportunity to compete for TOs unless the following FAR 16.505(b)(2) exceptions apply:

(1) The agency's need for the services or supplies is of such urgency that providing such opportunity to all such contractors would result in unacceptable delays;

(2) Only one such contractor is capable of providing the services or supplies at the level of quality required because the services or supplies ordered are unique or highly specialized;

(3) The task order should be issued on a sole-source basis in the interest of economy or efficiency because it is a logical follow-on to an order already issued under the contract, provided all awardees were given a fair opportunity to be considered for the original order; or

(4) It is necessary to place an order to satisfy a minimum guarantee.

(5) For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

(6) In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

c. If the Contractor believes it was not fairly considered for a particular order, the Contractor may present the matter to the Contracting Officer. The Contractor may appeal the explanation of the Contracting Officer's decision to the corresponding Ombudsman for the agency. The Ombudsman will review the Contractor's complaint, and in coordination with the Contracting Officer, ensure that the Contractor was afforded a fair opportunity to be considered for a TO.

e. Two Phase Design-Build : It is not anticipated that this two phase design-build process will be used frequently for TOs on this MACC; however, this process may be utilized at the Contracting Officer's discretion, or any other design-build procedure allowable by law, when the Contracting Officer determines

(1) three or more MACC contractors are expected to participate, (2) design work must be performed by MACC contractors before developing price or cost proposals, and the contractors may incur a substantial amount of expense in preparing offers, and (3) the following criteria have been considered:

- The extent to which the project requirements have been adequately defined.

- The time constraints for delivery of the project.

- The capability and experience of the MACC contractors.

- The suitability of the project for use of the two-phase selection method.

The MACC contractors will be provided a scope of work that defines the project and states the Government's requirements. The scope of work may include criteria and preliminary design, budget parameters, and schedule or delivery requirements.

Phase One Evaluation: Proposals will be evaluated as it pertains to technical approach (but not detailed design or technical information), the specialized experience and technical competence of the design-build team including team capability, past performance of the design-build team, and other factors as appropriate.

Since contractors will incur an expense in development of designs under the phase two portion of the two-phase design-build process, the task order shall state the maximum number MACC contractors responding to phase one that will be selected to submit phase two proposals.

Phase Two Evaluation: The phase-two evaluations criteria shall be as stated in the task order RFP and will generally consider design concepts, management approach, key personnel, proposed technical solutions.

Phase two of the task order shall require submission of technical and price proposals pertinent to the described requirement and each shall be evaluated separately.

e. Contractors will be provided an adequate time to prepare and submit responses based on the Contracting Officer's consideration of the estimated dollar value and complexity of a proposed TO. Responses will not be considered a proposal as defined in FAR Part 15. Each TO Request for Proposal will indicate the criteria for the evaluation of proposals. The responses shall demonstrate capability for each evaluation criterion to be evaluated.

G.5 PROPOSAL CONTENTS AND PREPARATION COSTS

a. Proposal contents shall be stated within the specific task order RFP. The Contracting Officer or a designated individual may solicit responses to requirements from Contractors within a technical area covered by a task order requirement in writing. A Task Order Request for Proposals (TORFP) will be prepared and issued for each task order requirement.

b. Generally, the Task Order Request for Proposal (TORFP) will include but is not limited to the following:

1. Statement of Work;

2. Reporting Requirements and Deliverables;

3. Proposal Due Date and Location to Deliver Proposals;

4. Period of Performance of Task Order;

5. Technical Proposal Instructions;

6. Business/price proposal Instructions

7. Evaluation Factors for Award

c. Price: Each TORFP will indicate the detail of pricing information to be provided. Normally, a competitive TORFP will require a lump sum, unit price offer and/or Task Order Price Template (TOPT), but the Contracting Officer reserves the right to obtain a more detailed cost breakdown of labor, materials, equipment, overhead, and profit at any time. Additionally, the Government may use varying pricing formats, if determined to be in its best interest. In case of discrepancy between a unit price/cost and an extended price/cost, the unit price/cost will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

d. Technical proposals: If required, may address one or more of the following factors, but not limited to:

- Design

- The contractor's technical understanding of the work

- The most efficient and effective plan to accomplish the work

- Rationale for proposed materials, type and quantities

- Key Personnel/Major Subcontractor

- Sustainable design features

- Total ownership costs

e. Oral presentations may be used to substitute for, or augment, written information and are subject to the…