75N99027R00002.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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

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

SOLICITATION

1. SOLICITATION NO.

5. REQUISITION/PURCHASE REQUEST NO.

CODE

6. PROJECT NO.

8. ADDRESS OFFER TO

4. CONTRACT NO.

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

NEGOTIATED (RFP) REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF

SEALED BID (IFB) INVITATION FOR BID

9. FOR

INFORMATION CALL

PAGES

75N99027R00002

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

ORF

CLARION MILLER +1 301 451 8464

12/15/2026

0 0

A. Project Title: Multiple Award Construction Contract 2027 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 Woman-Owned Small Business (WOSB).

C. NAICS Code for this acquisition is 236220, small business size standard is $45M.

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 $3 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).

1 161

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

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

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.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Continued...

AMENDMENT

NUMBER

DATE.

CLARION D. MILLER

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

75N99027R00002

Period of Performance: 02/01/2027 to

01/31/2035

1 Multiple Award Construction Contract (MACC)-

Indefinite Delivery/Indefinite Quantity (IDIQ) for Construction Services.

Product/Service Code: Y1JZ

Product/Service Description: CONSTRUCTION OF

MISCELLANEOUS BUILDINGS

SECTION A - Solicitation/Contract Form

1. SECTION A - SOLICITATION FORM

SECTION B - Supplies or Services and Prices/Costs SECTION C - Description/Specifications/Work Statement SECTION D - Packaging, Marking, and Shipping SECTION E - Inspection and Acceptance SECTION F - Deliveries or Performance

1. RFO 52.211-12 Liquidated Damages-Construction. (SEP 2000)

2. RFO 52.211-13 Time Extensions. (SEP 2000)

SECTION G - Contract Administration Data SECTION H - Special Contract Requirements

1. ACKNOWLEDGEMENT OF FEDERAL FUNDING

2. GUN CONTROL

3. CONFIDENTIALITY OF INFORMATION

4. TASK ORDER/DELIVERY ORDER CONTRACT OMBUDSMAN

5. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE

6. INSURANCE

7. HEALTH AND SAFETY PLAN

8. SECURITY

9. OTHER ON-SITE

10. FIRE PREVENTION

11. WORK BY THE GOVERNMENT

12. PERFORMANCE REQUIREMENTS

13. CONTRACTOR FURNISHED ITEMS

14. PARTNERING

15. CONTRACTOR QUALITY CONTROL (CQC) PROGRAM

16. DESIGN BUILD CONTRACT - ORDER OF PRECEDENCE

SECTION I - Contract Clauses

1. GENERAL CLAUSES

2. AUTHORIZED SUBSTITUTION OF CLAUSES

3. ADDITIONAL CONTRACT CLAUSES IN FULL TEXT

SECTION J - List of Documents, Exhibits and Other Attachments SECTION K - Representations, Certifications, and Other Statements of Bidders

1. RFO 52.203-2 Certificate of Independent Price Determination. (APR 1985)

4. RFO 52.209-7 Information Regarding Responsibility Matters. (OCT 2018) (Deviation APR 2026) .127

SECTION L - Instructions,Conditions, and Notices to Bidders

16. RFO 52.216-1 Type of Contract. (APR 1984) (Deviation Effective Date)

17. RFO 52.228-1 Bid Guarantee. (SEP 1996)

18. RFO 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

19. RFO 52.252-5 Authorized Deviations in Provisions. (NOV 2020)

SECTION M - Evaluation Factors for Award

SECTION A - Solicitation/Contract Form

1. SECTION A - SOLICITATION FORM

No pre-established prices, labor rates, coefficients, or other pricing will be established for the MACC ordering period or apply to future task orders. Offerors shall submit pricing for the seed project in accordance with Section L and M. The seed-project price will be evaluated for purposes of the initial MACC source selection in accordance with Section M. Pricing for subsequent construction requirements will be established through individual task order competition in accordance with Section G and RFO 16.507.

For identification purposes, the Multiple Award Construction Contract program established under this solicitation is designated 2027 MACC to distinguish it from the predecessor NIH MACC program. Unless expressly stated otherwise, references to MACC throughout this solicitation and the resulting contracts mean 2027 MACC. References to the predecessor program will be identified as the predecessor MACC.

SOLICITATION POINTS OF CONTACT

Primary Email for all Correspondence is:

MACCSolicitation@mail.nih.gov

Mr. Clarion (Pete) Miller at pete.miller@nih.gov Mr. Matthew Heavey at matthew.heavey@nih.gov

PRE-PROPOSAL CONFERENCE/SITE VISIT

Questions concerning the solicitation or seed project will not be accepted or answered during the pre-proposal conference or site visit. Attendees shall submit all questions concerning the site visit, seed project, or MACC solicitation in writing via email to MACCSolicitation@mail.nih.gov in accordance with the solicitation's question submission deadline. Responses will be provided in writing through the solicitation process to ensure all prospective offerors receive the same information.

Submit questions via Attachment 4-Request for Information Sheet by the stated deadline.

A pre-proposal conference / site visit will be conducted at NIH Bethesda on November 9, 2026. Due to anticipated high interest and limited space available, there will be two pre-proposal site visit times.

Visit meeting place will be:

Prospective offerors planning to attend are required to submit a request to attend to MACCSolicitation@mail.nih.gov no later than November 4, 2026 at 2:00 PM Local Time.

Building 45; William H. Natcher Building; Natcher Conference Center Main Auditorium, 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 9:00 AM site visit).

If your company name is M-Z you will attend the site visit scheduled at 1:00 PM Local Time (example:

The Rice Construction Company would attend the 1:00 PM 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.

Requests must include the company name and full name of each proposed attendee. To receive a visitor's 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. Additional 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 to the above mentioned POCs. All questions must be received no later than November 23, 2026 at 2:00 PM Local Time.

SUBMISSION OF PROPOSALS

Any proposal received at the Government office designated in the solicitation after the exact date and time specified in Block 13 of the SF1442 is "late" and will not be considered, except as otherwise provided in the solicitation.

NOTE: Offerors shall complete and maintain applicable representations and certifications in SAM.gov in accordance with Section K and the applicable solicitation provisions. Failure to complete all required Representations and Certifications may render your proposal ineligible for award.

https://www.nih.gov/about-nih/visitor-information/campus-access-security https://www.nih.gov/about-nih/visitor-information https://www.nih.gov/about-nih/visitor-information

SECTION B - Supplies or Services and Prices/Costs

B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The National Institutes of Health (NIH), Office of Acquisition and Logistics Management (OALM), Construction, Architecture-Engineering, Facilities, and Leasing Office (CAFLO), in partnership with the Office of Research Facilities (ORF) - the steward of NIH facilities responsible for the planning, design, construction, acquisition, maintenance, and operation of NIH-owned facilities, is soliciting a Multiple Award Construction Contract (MACC) to award Indefinite-Delivery/Indefinite-Quantity (IDIQ) type contracts to a pool of highly qualified contractors. These contractors will subsequently compete for individual task orders (TOs) as requirements materialize.

ITEM NO SUPPLIES/SERVICES MAX QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 LS

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 $3,000,000,000.00 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

$1,000.00 $1,000,000,000.00

SECTION C - Description/Specifications/Work Statement

C.1. DESCRIPTION

As a part of the U.S. Public Health Service under the Department of Health and Human Services (HHS), the 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.

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 and leased facilities, which include campuses in:

· Bethesda, Maryland,

· Frederick, Maryland,

· Poolesville, Maryland,

· 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, Biosafety 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

- Central Utility Plant (CUP)

ORF aims to establish a pool of MACC indefinite delivery/indefinite quantity (IDIQ) contracts with capacity to meet the needs identified above.

The Government intends to award approximately Four (4) 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), Woman-Owned Small Business (WOSB) and SBA certified 8(a) Small Business contractors, and Unrestricted/Full and Open.

The cumulative ceiling for all awards not-to-exceed $3B for the life of the contracts.

C.2. GENERAL CONDITIONS OF THE MACC

C.2.1 The office having administrative jurisdiction over the MACC and subsequently issued task orders (TO) shall be:

NIH/OALM/CAFLO

MACC Contracting Officer 9000 Rockville Pike Building 13, RM2#47, MSC 5738 Bethesda, MD 20892 MACCSolicitation@mail.nih.gov

C.2.2 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.2.3 The Contracting Officer's Representative (COR) is an individual who is designated and authorized in writing by the CO to perform specific contract administration or technical functions on contracts and/or task/delivery orders.

· 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.2.4 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.2.5 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.2.6 For accounting and appropriation data purposes, each task order shall be individually funded.

C.2.7 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.2.8 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 efforts to perform the project in an expeditious and economical manner consistent with the interests of the Government and contract requirements.

C.2.9 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.2.10 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.2.11 Selected contractors shall have sufficient and available single and aggregate bonding capacities to perform required project tasks.

C.2.12 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.2.13 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.2.14 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.2.15 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.

Contractor shall comply with the provisions of the BIM Project Execution Plan (PxP) governing the TO.

Asset Information: The Designer shall coordinate with the COR and the NIH Integrated Workplace Management System (IWMS) Team for the receipt of a pre-filled Asset Turnover Form and require the Construction General Contractor (GC) to complete the Turnover Form data fields designated to the GC.

The Turnover Form will be pre-filled by the IWMS Team using project drawings and equipment schedules submitted via the DTR Design Permit Review system during the design review process. The Turnover Form will only contain data of assets that are tracked and maintained under the NIH IWMS inventory. Additional requirements shall be included in the TO.

The Designer shall use the Division One General Requirements, at ORF 2024 Guideline Construction Specifications (copies of these specifications in MS Word may be requested from the COR in their Specifications and modify as needed for the project. Designers will make selections in the bracketed statements in these specifications.

C.2.16 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. Contractor shall comply with the Cost and Scheduling provisions of the TO.

C.2.17 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.2.18 Unless specified otherwise in the TO, all documents prepared under this contract shall comply https://orfweb.od.nih.gov/policies/Pages/ORF-2024-Guideline-Construction-Specifications-.aspx https://orfweb.od.nih.gov/policies/Pages/ORF-2024-Guideline-Construction-Specifications-.aspx 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.2.19 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) 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.2.20 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 DRM edition is available at the following address:

Design Requirements Manual (DRM)

C.2.21 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.2.22 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.2.23 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.2.24 Telephones: The Contractor shall be required to provide a local telephone number where a http://orf.od.nih.gov/PoliciesAndGuidelines/ https://orf.od.nih.gov/TechnicalResources/Pages/DesignRequirementsManual.aspx

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

C.2.26 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.2.27 Unless otherwise specified, no parking, equipment or office space will be provided to Contractor personnel. Contractor employee transportation and parking will be at the contractor's expense. NIH does have limited paid Parking on Campus such as MLP 11 and Lot 18. Public transportation is readily available. Computer equipment, internet connections and software are at the contractor's expense. NIH public Wi-Fi is available to Contractor personnel. Contractor Hot Spots may be required. If Contractor office space is needed, the COR will work with the Contractor to resolve requirements

C.3 GENERAL RESPONSIBILITIES OF THE CONTRACTOR

C.3.1 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.3.2 Construction Superintendent - Notification and Replacement

The Contractor shall designate, in writing, a qualified Construction Superintendent who shall be responsible for on-site management and coordination of all construction activities. The designated person shall be present on-site at all times when work is being performed unless otherwise approved by the Contracting Officer (CO).

The Contractor shall notify the CO in writing at least 10 calendar days in advance of any proposed change or replacement of the Construction Superintendent. Such notification shall include the name, qualifications, and relevant experience of the proposed replacement.

The Government reserves the right to review and approve or disapprove the proposed replacement based on qualifications, experience, and past performance. The Contractor shall not replace the Construction Superintendent without written approval from the CO.

If, at any time, the CO determines that the Construction Superintendent is not performing in a satisfactory manner, is unqualified, or is otherwise deemed unsuitable for the project, the Contractor shall, upon written direction from the CO, remove and replace the individual within 5 calendar days (or as otherwise directed). The replacement shall be subject to the same approval requirements outlined above.

Failure to comply with the requirements of this clause may be considered a breach of contract and may result in appropriate remedies, including suspension of work or other contractual actions.

C.4 GENERAL CONSTRAINTS TO THE WORK

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

C.4.1 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.4.2 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.4.3 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.

Contractor shall submit a Power and Powder Actuated Tool Use Permit Form for approval before any such work is executed.

C.4.4 Use of gasoline fueled compressors or other equipment are prohibited in Building 10.

C.4.5 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.4.6 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.4.7 Utility shutdowns once scheduled shall be strictly adhered to, as continuity of utilities is imperative.

C.4.8 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.4.9 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.4.10 Projects may require working closely and coordinating with other Government contractors in and around the contract facilities. Contractors will take all precautions to secure and protect materials, personnel, and construction from imminent threat of weather.

C.4.11 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.

C.4.12 The NIH has been declared a Non-Smoking Campus. Smoking is not allowed at all on the NIH property, including construction sites.

C.4.13 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.4.14 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. The Contractor shall comply with http://www.hhs.gov/web/508/index.html the ORF 2024 Guideline Construction Specifications which provide general requirements for construction at NIH. These specifications may be modified by the Task Order which will govern these provisions. Consult with the Project Officer to obtain these documents.

C.5 CONTRACT STAGES

The stages under this contract may include but are not limited 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.5.1 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.5.1.1 CONTRACTOR A/E DESIGN AS PART OF DESIGN BUILD

C.5.1.2 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.5.1.3 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.5.1.4 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 sets 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 copy as prescribed by the COR and/or by electronic media as agreed.

Submissions shall conform to the Task Order BIM Project Execution Plan (PxP).

C.5.1.5 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 coordinate with its selected A/E to ensure that Government review comments are adequately addressed and satisfactorily resolved, including providing supporting explanations and revising design documents 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.5.1.6 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.5.1.7 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.5.1.8 CONTRACTING OFFICER'S REPRESENTATIVE

1. Contracting Officers shall appoint a 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. A list of the names and telephone numbers of the Government team comprising the Contract 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.6.1. AMBIGUITY/CONTRACT INTERPRETATION

1. Entire Agreement and Interpretation. This contract, including all documents expressly incorporated by reference or attached as part of the contract, constitutes the entire agreement between the Government and the Contractor concerning its subject matter and supersedes all prior or contemporaneous oral or written agreements concerning that subject matter. The contract shall be interpreted as a whole, giving reasonable effect to its provisions and applying the applicable order-of-precedence provisions and governing law. Interpretation shall be based on the objective meaning of the contract language and the parties¿ expressed mutual intent at the time of contracting, rather than either party¿s undisclosed intentions. Nothing in this section alters the authority or procedures required to modify the contract.

2. Duty to Review and Request Clarification. Before submitting an offer, the Offeror shall exercise reasonable diligence in reviewing the solicitation, including the specifications, drawings, amendments, and incorporated documents, and shall request written clarification from the Contracting Officer of any ambiguity, discrepancy, inconsistency, or conflict that the Offeror identifies or that is patent¿that is, obvious or reasonably apparent upon review. After award, the Contractor shall promptly notify the Contracting Officer in writing of any ambiguity, discrepancy, inconsistency, or conflict discovered in the contract documents and request written resolution. Whenever practicable, the Contractor shall provide such notice before performing the affected work or incurring associated costs. The Contractor shall not treat its unilateral interpretation as Government authorization to depart from contract requirements. Pending resolution, the Contractor shall comply with the applicable contract provisions governing continued performance and disputes. The effect of any failure to request clarification or provide notice, including its effect on entitlement to additional compensation or time, shall be determined under the applicable contract clauses and governing law. Such failure shall not, by itself, constitute a blanket waiver or release of all claims.

C.6.2 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…