Epoxy Services Solicitation C108947.pdf

OMB APPROVAL NO. 0990-0115

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

C106365

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

PAGE OF PAGES

1 2

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

4. CONTRACT NO.

TBD

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

Work Request No. C108947

7. ISSUED BY CODE 8. ADDRESS OFFER TO

National Institutes of Health Building 13, Room 2E48, MSC-5711 9000 Rockville Pike Bethesda, MD 20892-5711

Anazette Andrews, Contract Specialist

9000 Rockville Pike Building 13 301- 443-3111 (Office) Andrewsa3@mail.nih.gov

9. FOR INFORMATION

CALL:

A. NAME

Anazette Andrews

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 301- 443-3111

SOLICITATION

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

Site Visit will be Wednesday, May 6, 2020 at 9:00 AM.

Please RSVP no later than Friday, May 1, 2020 to Andrewsa3@nih.gov .

All attendees will gather at Lobby of Building 60. All offerors are strongly encouraged to attend. The site will afford offerors the opportunity to physically see the area. This will be the only site visit and offerors will not receive individual tours or site visits.

Solicitation Questions to the project due by Friday, May 8, 2020 at 2:00PM to Andrewsa3@nih.gov .

Proposal due Monday, May 18, 2020 @ 2:00PM to Andrewsa3@mail.nih.gov .

11. The Contractor shall begin performance within _5_ calendar days and complete it within _45_ calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See SOW.)

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Email proposal to Andrewsa3@nih.gov by _2:00 PM_ (hour) local time _05/18/2020 (date).

B. An offer guarantee is, is not required.

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

D. Offers providing less than _30_ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e) mailto:Andrewsa3@mail.nih.gov mailto:Andrewsa3@nih.gov mailto:Andrewsa3@nih.gov mailto:Andrewsa3@mail.nih.gov mailto:Andrewsa3@nih.gov

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within _30____ 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.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated 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 or incorporated by reference in or attached to this t t

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

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

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

WORK REQUEST# C108947

PROJECT TITLE: Epoxy Services in the West Penthouse, building 60

The Period of Performance for this job overall is 45 days.

This is a Best Value Lowest Price Technically Acceptable (LPTA) selection process.

Award will be made considering price only. A bid must comply in all material respects with the solicitation and all attachments.

The address of the Contracting Specialist is below:

Address: National Institutes of Health Attn: Anazette Andrews, CO 9000 Rockville Pike Building 13 Bethesda, MD 20892-5711

Telephone Number: 301- 443-3111 E-Mail: Andrewsa3@nih.gov

You will not be reimbursed for proposal preparation cost.

mailto:Andrewsa3@nih.gov

STATEMENT OF WORK

I. Project Description

Contractor shall provide labor and material for Epoxy Flooring – Building 60

1. Mobilization will be in two parts. Move all furniture to one side of penthouse and then move furniture back once Epoxy is dry.

2. Sand and prep existing floor and 4inch walls for Epoxy Coating.

3. Seal 58 poles and ducts where they meet floor.

4. Install six (6) 4inch high beams across dormers to seal and contain water.

5. Install 10,000 SF of Epoxy Flooring (2) coats.

A. SPECIFIC REQUIREMENTS

1. The vendor shall provide all labor and materials for the project.

2. Contractor is responsible for discarding all generated trash and debris, NIH will provide dumpsters for debris.

3. Contractor shall ensure that working personal are always wearing all PPE for duration of project.

IV. Occupational Safety and Health Requirements

The Contractor shall take safety and health measures in performing work under this agreement. The Contractor shall meet with the Project Officer to develop a mutual understanding relative to administration of all safety concerns. The Contractor shall comply with all applicable NIH, federal, state, and local laws, regulations, ordinances, and codes relating to safety and health and shall take precautions and adorn the correct PPE to prevent incidents/accidents. The Project Officer shall assess, when working in areas where contact with animals can occur that the required test, i.e. TB test, etc. which is the responsibility of the contractor, are received prior to the start of work. The Contractor shall perform pre-job analysis before starting task to discuss applicable safety issues. Any safety concerns shall be addressed, and actions taken to mitigate those concerns prior to performing work.

V. Specific Safety Provisions IAW the Contractor Health and Safety Requirements Section 17.b, and 17.d the following procedures shall always be adhered to.

In addition to federal, state, and local regulations pertaining to operations and safety, the contractor shall adhere to the following NIH mandated safety requirements:

c. Fire Prevention: The contractor shall ensure that the fire prevention measures on-site are in accordance with OSHA, NIH Division of Fire and Rescue Services policies, and NFPA standards.

Approved safety cans (approved or listed by a nationally recognized testing laboratory) shall be used for flammable and combustible liquids. Fire extinguishers shall be provided where required.

1) Open Flame Devices: Prohibit the use of unapproved fuel-burning types of lanterns, torches, flares or other open-flame devices on NIH property.

2) Hot Work Permit: Open flame welding and spark producing equipment and tasks require the contractor to secure a “Hot Work Permit” from the NIH Division of Fire and Rescue Services. This can be obtained by calling the NIH Fire Marshall at (301) 496-0414.

VI. Quality Assurance

All work under this SOW shall be monitored by the COR and FM, the COR will act as the primary technical representative. Final inspection and acceptance of all work performed, reports and other deliverables shall be performed at the place of delivery by the COR and FM. The COR, FM, and contractor is responsible for setting and revising task priorities when necessary.

VII. Schedule

1. Contractor shall perform the above scope of work during premium/off hours to reduce impact on campus traffic. Notify Project Officer - Paul Wilson Project Contracts Team, prior to beginning work for scheduling. Notify the Project Officer at the conclusion of the project for inspection and approval for payment.

VIII. Project Contact Person:

PROJECT OFFICER (The Contractor Officer’s Representative (COR) for this project):

Paul Wilson National Institutes of Health - ORF / DFOM / CSB Bldg. 13 9000 Rockville Pike Bethesda, MD 20809 E-Mail Address: Wilsonpa@ors.od.nih.gov mailto:Wilsonpa@ors.od.nih.gov

Contractor Health and Safety Requirements:

1. CONTRACTOR REQUIREMENTS

a. The contractor shall ensure that all subcontractors have a successful safety program. The contractor shall evaluate the subcontractors by reviewing leading and lagging indicators.

Example of indicators include:

• History of OSHA violations

• Experience Modification Rate

• Accident investigation records

• Employee safety training documentation

• OSHA Recordable Rate

• Loss and restricted workdays

• Safety programs can be evaluated through an online contractor safety assessment tool.

This free tool is available at https://www.constructseer.com/nih/

b. The contractor shall comply with Occupational Safety and Health Administration (OSHA) Regulations and the US Army Corps of Engineers Safety and Health Manual 385-1-1 (EM 385-1- 1).

c. Each contract employee is responsible for complying with applicable safety and occupational health requirements, wearing prescribed safety and health equipment, reporting unsafe conditions/activities, and avoid actions and conditions that may result in an accident.

d. The contractor will not begin work authorized under this contract, except for authorized preliminary activities (i.e. mobilization), without first submitting for review each of the safety deliverables section. Copies of each deliverable must be provided to the NIH Contracting Officer Representative (COR) and ORF Safety Officer (safety@nih.gov).

e. Prior to issuing the Notice to Proceed, but no later than 14-working days before the project start date, the contractor’s Project Manager and NIH COR shall meet to review and discuss the safety requirements of this contract and anticipated hazards as documented in the site Activity Hazard Analysis worksheets. The contractor’s Project Manager is responsible for meeting arrangement.

2. WAIVER FROM NIH IMPOSED CONTRACTOR HEALTH AND SAFETY REQUIREMENTS

a. The contractor may request a waiver from the requirements contained in this section. The waiver does not release the contractor, subcontractor, or any party associated with this contract from federal, state, or local health and safety requirements.

b. The following must be addressed used when requesting a waiver or a variance:

https://www.constructseer.com/nih/ mailto:safety@nih.gov

1) The request must state the specific Contractor Health and Safety Requirement to be waived. State the period the requested waiver will cover.

2) Details as to why it is not possible or practical to comply with the requirement.

3) The request must explain the impact on the contractor operations and services if this waiver is not approved.

4) Statement as to whether a waiver (total elimination of the requirement) or a variance (retaining the basic requirement, but doing it differently) is being sought;

5) Explanation of method the Contractor suggests using in lieu of the existing requirement and how it provides protection equal to or greater than the requirement under waiver review. The burden of proof rests with the requesting contractor.

6) The waiver request must be submitted to the NIH COR and ORF Safety Officer (safety@nih.gov) at least 14-working days prior to work commencement.

3. NIH REQUIRED SAFETY TRAINING MANDATE

a. As a minimum all contractor and subcontractor personnel working at NIH shall certify to the COR as having successfully completed the OSHA 10-hour General Industry Outreach class or OSHA 10-hour Construction Outreach class. The OSHA 30-hour course can be substituted for the 10-hour course.

b. Any card with an issuance date more than 3 years shall not constitute proof of compliance with this requirement.

c. Any contract employee who has not completed the course shall be subject to removal from the worksite if the employee does not provide documentation of having completed such course by the fifteenth day after the date the employee is found to be in noncompliance.

4. CONTRACTOR SAFETY ORIENTATION

a. Prior to commencing work, ensure that all contractor and subcontractor site supervisors at any tier have completed the NIH Contractor Safety Orientation. The time expended and any associated costs to attend the orientation (such as travel time, parking, and other expenses) are to be borne by the contractor.

b. It is the responsibility of the contractor and subcontractor to contact the ORF Safety Officer to register each supervisor for orientation. Class registration should be scheduled at least 14-working days prior to the project start date, or the date that the supervisor is assigned to NIH.

Contact the ORF Safety Officer (safety@nih.gov) or by phone (301) 496-3353 for the orientation schedule.

5. DELIVERABLES

a. All deliverables required under this Contractor Health and Safety Section must be provided to the NIH COR and ORF Safety Officer (safety@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 and review 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, acknowledge compliance with applicable regulations, or alleviate 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.

6. SITE-SPECIFIC ACCIDENT PREVENTION PLAN

The contractor shall submit for NIH’s review and comment, a Site-Specific Accident Prevention Plan. Contents of the Contractor’s Site-Specific Accident Prevention Plan will be in accordance with Appendix A, EM 3985-1-1.

Note: For LIMITED-SCOPE SERVICE, SUPPLY AND R&D CONTRACTS, (e.g. painting, janitorial service) under $100,000, the in consultation with the ORF Safety Officer, the COR may allow an Abbreviated Accident Prevention Plan and waive the more stringent elements of the comprehensive plan. Contact the ORF Safety Officer for the Abbreviated Accident Prevention Plan template.

7. CONTRACTOR SITE SAFETY AND HEALTH OFFICER RESUME

The contractor shall submit a resume identifying the experience and qualifications for the proposed Contractor Safety and Health Officer(s). The NIH COR may reject anyone he/she deems "Not Qualified".

8. CONTRACTOR EMPLOYEE SAFETY TRAINING DOCUMENTATION

a. The contractor shall submit documentation of the employee's OSHA 10-hour General Industry

Outreach class or OSHA 10-hour Construction Industry Outreach course. Proof of course completion may be demonstrated through either: 1) the presentation of a bona fide student course completion card issued by the federal OSHA Training Institute; 2) the presentation of documentation (e.g. course certificate) provided to an employee by a trainer certified by the Institute pending the actual issuance of the completion card; or 3) a written declaration that all employees have successfully completed the required course.

b. Documentation of employee training shall be kept on the project site.

9. CONTRACTOR FULLY RESPONSIBLE FOR SITE SAFETY

a. The contractor assumes full and sole responsibility for and shall comply with all laws, regulations ordinances, and governmental orders pertaining to employee worksite safety in the performance of this contract. The contractor shall be responsible for employing appropriate safety measures and taking all other actions reasonably necessary to protect the life, health, and safety of the public and to protect adjacent and NIH-owned property in connection with the performance of the scope of work.

b. The contractor shall be solely and completely responsible for the safety of all workers, NIH employees, public and NIH property in performance of the scope of work. This requirement shall always apply while work is being performed under this contract and is not limited to only normal working hours. Nothing the NIH may do, or fail to do, with respect to safety in the performance of the scope of work shall relieve contractor of this responsibility.

10. SELECTION OF CONTRACTOR SITE SAFETY AND HEALTH OFFICER

a. When the number of personnel on any shift is under 40 (including subcontractor employees), the contractor’s safety representative will meet the definition of “Collateral Duty Safety Officer” as defined above for each shift.

b. For contractors with a total of 40 or more personnel (including subcontractor employees) on any shift, a full-time Safety Professional as defined above shall be required for each shift.

c. At the NIH COR’s discretion, the qualifications for the contractor Site Safety and Health Officer can be reviewed and action taken to decrease or increase the number of Officers onsite.

However, the need for a Site Safety and Health Officer is required and will not be waived.

11. CONTRACTOR SITE SAFETY AND HEALTH OFFICER RESPONSIBILITIES

a. The responsibility for safety lies with the contractor. Each contractor shall appoint an individual(s) responsible for safety on each contract. This individual(s) must be employed in a supervisory position, empowered by their employer to take corrective action; be present on the project while work is being performed; and spend the amount of time necessary to ensure the contractor’s compliance with safety requirements.

b. The Contractor Site Safety and Health Officer shall be primarily responsible for ensuring contractor’s compliance with the safety requirements including but not limited to those provided in this Section. Without limiting the generality of the foregoing, the Contractor Site Safety and Health Officer shall:

1) Review all subcontractor and sub-tier contractor’s Site-Specific Accident Prevention Plan and Activity Hazard Analysis for compliance with applicable safety standards.

2) Perform or ensure that all contractor, subcontractors and sub-tier contractors’ employees have received a site-specific safety orientation prior to beginning work.

Training will include discussion of the site-specific Activity Hazards Analysis reports. This site-specific orientation is in addition to the NIH’s Contractor Supervisor Orientation course.

3) Perform and document worksite inspections, assess and immediately correct any substandard safety conditions or practices, including those of any subcontractor. The contractor shall specifically respond in writing to any substandard safety conditions or practices identified by the NIH. Inspection records shall be maintained at the project site and be made available upon request by the NIH COR or ORF Safety Officer.

4) Immediately report all injuries to personnel, vehicle accidents, near miss incidents and property damage. Undertake a complete investigation of all accidents, injuries, illnesses and implement corrective action to prevent a recurrence. Provide written findings within 24-hours to both the NIH COR and ORF Safety Officer (safety@nih.gov).

5) Ensure appropriate safety meetings are held for all onsite employees, to include subcontractors. Safety meetings shall be conducted to review past activities, plan for new or changed operations, review pertinent aspects of appropriate Activity Hazard Analysis, establish safe working procedures for anticipated hazards, and provide pertinent safety and health training and motivation.

i. Meetings shall be conducted at least once a month for all supervisors on the project location and at least once a week for all workers by supervisors or foremen.

ii. Meetings shall be documented, including the date, persons in attendance, subjects discussed, and names of individual(s) who conducted the meeting. Documentation shall be maintained, and copies furnished to the NIH on request.

6) Be responsible for the control, availability, and use of necessary safety equipment, including personal protective equipment and apparel for the employees.

c. A Contractor Site Safety and Health Officer not performing his/her duties in accordance with this Section, shall be replaced, by the contractor, or at the NIH’s discretion, with an individual meeting the requirements of this Section.

d. The Contractor Site Safety and Health Officer may not be removed from this contract or replaced without the NIH’s advanced written approval. The contractor shall notify the NIH COR when this person cannot be on duty while work is being performed and shall submit the name(s) and qualifications of the individual assigned to perform said duties.

12. SITE SAFETY AND HEALTH OFFICER DEFINITIONS

a. ORF SAFETY OFFICER

An employee of the NIH or designated representative who is responsible for management of the Office of Research Facilities Development and Operations (ORF) Safety Program

b. NIH Contracting Officer Representative (COR)

An employee of the NIH or designated representative who conducts and monitors jobsite inspections and verifies contractor compliance with identified corrective actions.

c. CONTRACTOR

The General Contractor contracted with NIH.

d. CONTRACTOR SITE SAFETY AND HEALTH OFFICER

The Contractor Site Safety and Health Officer(s) will be categorized as either a Full-time Safety Professional or a Collateral Duty Safety Officer based on the scope and size of the project.

1) Full-time Safety Professional qualifications include:

i. This person shall have no other duties.

ii. An individual possessing a minimum of five years progressive experience managing safety programs on large projects comparable to this contract in scope and complexity.

iii. Be knowledgeable concerning all federal, state, and local regulations applicable to construction and industrial safety.

iv. Possess “Competent Person” certification in safety disciplines related to the work performed and possess verifiable training. This individual shall also be responsible for identifying “Competent Persons” required by State and Federal safety standards for which they are not certified.

v. Have successfully completed the OSHA 500 Safety & Health Course. This requirement may be waived in lieu of a safety and health degree or professional safety or industrial hygiene certification (i.e. CSP or CIH).

vi. Have successfully completed the OSHA 30-hour Safety & Health Course.

vii. Be trained in and possess current certification for CPR and First Aid.

viii. Be capable of performing accident investigations and developing a concise report.

ix. Is proficient in the development and presentation of “toolbox” meetings and safety training.

2) Collateral Duty Safety Officer qualifications include:

An individual assigned to perform safety functions on any contract not requiring a Fulltime Safety Professional. This can be a collateral duty position held by a supervisor.

i. Possess a minimum 5 years progressive experience in their trade.

ii. Be knowledgeable concerning all Federal, State, and Local regulations applicable to safety.

iii. Have successfully completed the OSHA 30-hour Safety & Health Course.

iv. Possess “Competent Person” certification in safety disciplines related to the work performed and possess verifiable training. This individual shall also be responsible for identifying “Competent Persons” required by State and Federal safety standards for which they are not certified.

v. Be trained in and possess current certification for CPR and First Aid.

vi. Possess verifiable training and be capable of performing accident investigations and developing a concise report.

vii. Possess verifiable training in the development and presentation of “toolbox” meetings and safety training.

13. GENERAL OBLIGATIONS

The contractor is responsible for accident prevention and worksite safety. This responsibility cannot be delegated to subcontractors, suppliers, the NIH, or other persons. To this end, the contractor shall:

a. Promote a safe and healthy work environment.

b. Provide a Site-Specific Accident Prevention Program.

c. Ensure employees are adequately trained in occupational safety and health topics relevant to the activities to be performed under this contract. Maintain documentation of the employee training, to include the date and subject taught.

d. Instruct all employees of safe work methods and practices when assigning work.

e. In addition, the contractor shall ensure that its staff receives all medical services that would be required for federal employees to perform the same services.

f. Ensure that employees have / use the proper protective equipment and tools for the job.

g. Ensure that all heavy equipment operators (i.e. cranes, loaders and forklifts) are properly qualified and trained on the specific piece of equipment in use.

h. Cooperate fully with the NIH and its Representatives in connection with all matters pertaining to safety.

i. Conduct an orientation training program for new employees that includes at a minimum, a review of:

1) Potential hazards in the work areas

2) Required personal protective equipment and apparel

3) Methods to mitigate hazards as appropriate

4) Emergency response relevant to the area

j. Ensure that all its subcontractors, suppliers delivering materials or services to the worksite, etc., are provided with a copy of this specification and are informed of their obligations regarding worksite safety under this requirement.

14. ACCIDENT PREVENTION

a. The contractor shall be responsible for correcting hazardous conditions and practices. When more than one contractor is working within a job site, any project management personnel shall have the authority to prevent physical harm or significant property damage.

b. If it is determined there is “Imminent Danger” the contractor shall:

1) Take immediate action to remove/safeguard workers from the hazard and stabilize or stop work until corrective actions can be implemented to eliminate the hazard.

2) Immediately notify the NIH COR and then the ORF Safety Officer.

3) Each worker shall immediately report any condition known or suspected to be unsafe or unhealthy to the Contractor Site Safety Officer. If there is no resolution of the concern at that level, the employee shall report the concern to the NIH COR.

15. CONTRACTOR INJURIES AND ILLNESSES

a. The contractor shall ensure that all suspected work-related injuries and illnesses sustained by their employees will be reported promptly to the NIH Occupational Medical Service (OMS). OMS is in Building 10, 6C-306. The clinic is open from 7:30 am to 5:00 pm, Monday through Friday. The phone number for the clinic is 301-496-4411.

b. In all cases, an injury or illness resulting from work under this contract shall be reported to the NIH COR and ORF Safety Officer (safety@nih.gov) within 24-hours of the incident.

c. For work conducted at remote locations where emergency medical service personnel are not capable of responding within 4-minutes, at least one person shall always be available at the work site to render CPR and first aid. This person must have a valid certificate in first-aid training from the U.S. Bureau of Mines, the American Red Cross, or equivalent verifiable training program. A minimum ratio of one such qualified person for every 25 employees shall be maintained throughout the project.

16. NIH RIGHTS

a. INSPECTIONS/INVESTIGATIONS

1) The NIH COR may, in any reasonable manner, observe and inspect the contractor’s safety and accident prevention procedures for all activities and personnel. This specifically includes, but it not limited to, the right to attend all safety meetings.

2) Upon request, the NIH COR shall receive copies of any safety inspection reports completed by the contractor or anyone performing work for, on behalf of or under the contractor.

3) The NIH COR may, in any reasonable manner, observe or participate in any accident investigation conducted by the contractor or anyone performing work for, on behalf of or under the contractor. The NIH may also, at its sole discretion and in any reasonable manner, undertake its own accident investigation.

b. CORRECTIVE ACTIONS/STOP-WORK

The NIH COR shall have the right to:

1) Direct the contractor to correct unsafe working conditions, including taking corrective action when unsafe working conditions are observed (i.e. lack of good housekeeping practices, use of equipment in obviously poor condition, failure to adhere to statutory OSHA regulations, etc.).

2) Require the removal, from the work site, any person, property or equipment that, in the NIH’s opinion, is deemed unsafe.

3) Instruct the contractor to immediately cease any action and/or stop work (or any action thereof) when any conditions exist that, in the NIH’s opinion, constitutes and imminent danger or could result in serious harm.

4) Suspend the work pending the completion of any accident/incident investigation, whether undertaken by contractor, the NIH or others.

The contractor is responsible for costs, expenses and other obligations paid or incurred, as a result of the contractor or subcontractor’s noncompliance with Federal, State, or Local safety regulations; or failure to comply with terms and conditions of this contract.

c. NIH’S ACTION/INACTION DOES NOT RELIEVE CONTRACTOR

Nothing that NIH may do, or fail to do, with respect to safety in the performance of the work shall relieve the contractor of its responsibility to comply strictly with this Contract and all standards referenced in this document.

17. SPECIFIC SAFETY PROVISIONS

In addition to federal, state, and local regulations pertaining to operations and safety, the contractor shall adhere to the following NIH mandated safety requirements:

a. Asbestos: Many of NIH’s buildings have asbestos-containing materials. It is the contractor’s responsibility to coordinate with the NIH COR to ensure that a survey for asbestos is conducted prior to commencing work. The contractor shall ensure that all workers and subcontractors have received and documented initial and annual Asbestos Awareness training prior to the start of work.

b. Entry into Confined Spaces.

1) The contractor shall provide the NIH COR a copy of its Confined Space Entry Program as part of the Site-Specific Accident Prevention Plan Submittal.

2) Should the contractor employ subcontractors to work in confined spaces, it shall be the contractor’s responsibility to submit the required documentation for each subcontractor.

3) Work shall not start in a confined space until the required submittals have been made and appropriate safety precautions taken by the contractor. In the event the contractor does not comply with these regulations, ACCESS WILL BE DENIED.

c. Electrical – Safe Clearance Procedures

1) Entry into High Voltage Areas: Work under this contract may require entry into High Voltage Areas.

2) In the event entry is required, the contractor is obligated to identify any High Voltage areas that may be involved in work under this contract. Before entry into a High Voltage work area the contractor shall notify the NIH COR.

3) To prevent employee exposure or damage to electrical systems the contractor shall exhaust all options and means to de-energize live electrical parts.

4) Affected employees and operations must be notified of work to limit service disruption and prevent injury.

d. Fire Prevention: The contractor shall ensure that the fire prevention measures on-site are in accordance with OSHA, NIH Division of Fire and Rescue Services policies, and NFPA standards.

Approved safety cans (approved or listed by a nationally recognized testing laboratory) shall be used for flammable and combustible liquids. Fire extinguishers shall be provided where required.

3) Open Flame Devices: Prohibit the use of unapproved fuel-burning types of lanterns, torches, flares or other open-flame devices on NIH property.

4) Hot Work Permit: Open flame welding and spark producing equipment and tasks require the contractor to secure a “Hot Work Permit” from the NIH Division of Fire and Rescue Services. This can be obtained by calling the NIH Fire Marshall at (301) 496-0414.

e. Excavating & Trenching:

1) Before entry excavations and trenches shall be evaluated for confined spaces.

2) Ensure a Competent Person inspects all excavations before work begins and as needed during the shift. When the Competent Person finds evidence of a hazardous condition, exposed employees shall be removed from the hazardous areas until the necessary precautions have been taken to ensure their safety.

3) All excavations, regardless of depth, shall be barricaded or covered. If barricades are utilized and are left overnight, they shall be equipped with appropriate lights or reflectors.

4) Walkways shall be provided where employees or equipment are required or permitted to cross over excavations. When walkways are utilized, a guardrail system shall be in place.

f. Construction activities that pose a potential risk of exposure to contaminated soil (such as excavations) shall be supervised by personnel who have a current 40-hour Hazardous Waste Supervisor’s certification. These individuals shall be able to identify the potential need for upgrading the level of health and safety protection. All personnel working in direct contact with contaminated soil shall have a current 40-hour Hazardous Waste Certification and medical monitoring, in accordance with OSHA regulations. The contractor is responsible for soil sampling and air monitoring to determine hazards and exposures to their employees.

g. Cranes and Hoisting Operations: A written lift plan shall be submitted for all lifting operations.

At a minimum the written lift plan will include the content and information requested in the ORF Crane Lift template. Contact the ORF Safety officer or Contracting Officer Representative for a copy of the template.

h. Chemical Exposure Plan: The contractor shall submit a Chemical Exposure Plan for products which can produce nuisance odors. The plan shall include employee exposure control methods, isolation methods to prevent spread of chemicals and odors outside the work area, waste disposal, and safeguarding of the NIH employees and public. Safety Data Sheets for each chemical must be maintained on the project site.

i. Protection of the Public: The contractor shall submit a plan for the protection of the public on or adjacent to construction and demolition operations.

18. SAFETY PERFORMANCE

a. If the contractor experiences repeated safety violations or fails to abate violations in a timely manner, the contractor shall be subject to any of the following actions, at the Project Office or Contracting Officer’s discretion:

1) Removal and replacement of management personnel.

2) Submitting a written safety recovery plan detailing what changes will be made to their safety program and a timeline as to when the changes will be implemented.

3) Hiring an independent safety consultant who shall audit the contractor’s procedures and operations. The consultant shall compile a plan detailing what changes the contractor shall implement. This report shall be submitted to the NIH COR.

4) Conduct a “Safety Stand Down” (suspend all work or any action thereof). Suspended work shall not be allowed to resume until the contractor has completed the following actions for review and acceptance by the NIH COR.

5) Issue a cure notice notifying that the contractor has failed to comply with a contract requirement and directing that the deficiency be "cured" within a specified time period.

b. Costs incurred by the contractor to abate hazards or to respond to actions noted in this Safety Performance Section shall not be considered a reason for extension of contract time or increase in costs to the Government.

SECTION I - Contract Clauses

52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.203-13 Contractor Code of Business Ethics and Conduct. (OCT 2015) 52.203-16 Preventing Personal Conflicts of Interest. (DEC 2011) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. (APR 2014) 52.204-2 Security Requirements. (AUG 1996) - Alternate II (APR 1984) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-7 System for Award Management. (OCT 2016) 52.204-8 Annual Representations and Certifications. (JAN 2017) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $36,500,000.00.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

___ (i) Paragraph (d) applies.

___ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation.

(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I).

This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications.

This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

X (i) 52.204-17, Ownership or Control of Offeror.

[] (ii) 52.204-20, Predecessor of Offeror.

[] (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[] (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification.

[] (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

[] (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[] (vii) 52.227-6, Royalty Information.

[] (A) Basic.

[] (B) Alternate I.

[] (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph

(c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifying change by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause No.

Title Date Change Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision) 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2016) 52.204-13 System for Award Management Maintenance. (OCT 2016) 52.204-16 Commercial and Government Entity Code Reporting. (JUL 2016)

52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) 52.208-9 Contractor Use of Mandatory Sources of Supply or Services. (MAY 2014) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) 52.209-7 Information Regarding Responsibility Matters. (JUL 2013) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (NOV 2015) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (FEB 2016) 52.211-8 Time of Delivery. (JUN 1997) 52.211-9 Desired and Required Time of Delivery. (JUN 1997) 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than that will be determined at each task order. The time stated for completion shall include final cleanup of the premises.

The completion date assumes that the successful offeror will receive the notice to proceed by TBD. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of clause)

* The Contracting Officer shall specify either several days after the date the contractor receives the notice to proceed, or a calendar date.

52.211-11 Liquidated Damages - Supplies, Services, or Research and Development. (SEP 2000) 52.211-12 Liquidated Damages - Construction. (SEP 2000) 52.211-13 Time Extensions. (SEP 2000) 52.211-15 Defense Priority and Allocation Requirements. (APR 2008) 52.215-20 Requirements for Certified Cost or Pricing Data or Data Other Than Cost or Pricing Data.