Amendment 2 FDA-SOL-1238631.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

1238631

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

FDA-SOL-1238631

6. SOLICITATION ISSUE DATE

6/10/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Warren Dutter

b. TELEPHONE NUMBER (No collect calls)

(870) 543-7577

8. OFFER DUE DATE / LOCAL

TIME

July 8, 2021 1:00 P.M. Central Time

9. ISSUED BY CODE HFT-323 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 % FOR:

FDA/OO/OFBA/OAGS/DAP

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

Field Operations Branch Warren Dutter

HUBZONE SMALL

BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

561210 3900 NCTR Road, Building 50 Jefferson AR 72079-9502

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

EDWOSB

8 (A) SIZE STANDARD:

$41.5 Million

11. DELIVERY FOR FOB DESTINAT-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

FDA

3900 NCTR Rd Jefferson, AR 72079-9502

SAME AS BLOCK 9

17a. CONTRACTOR/

OFFERER

TELEPHONE NO.

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY

Food and Drug Administration Vendor Payments, OFS FDA 10903 New Hampshire Avenue Bldg 32, Rm 2162, Mail Hub 2145 Silver Spring, MD 20993-0002

CODE HFT-324

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Operation & Maintenance of Facilities Jefferson Laboratories Complex as outlined herein and in the provided Attachments.

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __1__

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL

ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. _________________ OFFER DATED

____________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS

TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

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

Regina Williams

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 02/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

FDA-SOL-1238631 Amendment 2 Page 2 of 89

TABLE OF CONTENTS

SECTION B - CONTINUATION OF STANDARD FORM (SF) 1449

B.1 3-WAY INVOICE SUBMISSION INSTRUCTIONS – Addendum to SF1449 Block 18b B.2 SERVICES AND PRICES – Addendum to SF 1449, blocks 19/20

B.2.1 Description of Services B.2.2 Pricing Schedule B.2.3 Packing, Marking and Shipping B.2.4 Inspection and Acceptance B.2.5 Deliveries or Performance B.2.6 Contract Period of Performance

SECTION C – CONTRACT CLAUSES

C.1 FAR 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (OCT 2018) This clause is incorporated by reference (Refer to SF1449 Block 27a)

C.2 ADDENDUM TO FAR CLAUSE 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL

ITEMS (OCT 2018) (Refer to SF1449 Block 27a) C.2.1 Deviation 2017-02 to FAR 52.212-4, Contract Terms and Conditions-Commercial Items (OCT 2018)

C.2.2 ADDENDUM TO FAR CLAUSE 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL

ITEMS (OCT 2018) (Refer to SF1449 Block 27a)

CONTRACT ADMINISTRATION DATA

C.2.2.1 Government Personnel C.2.2.2 Contractor Personnel C.2.2.3 Contractor Performance Evaluations

C.2.2.4 SPECIAL CONTRACT REQUIREMENTS

C.2.2.4.1 Government Furnished Property and Facilities C.2.2.4.2 Tobacco Free Facilities C.2.2.4.3 HHSAR 352.223-70 Safety and Health. (DEC 2015) C.2.2.4.4 Delegation of Authority C.2.2.4.5 Ordering Against IDIQ Additional Work Task Order Portion of the Contract C.2.2.4.6 Phase-In/Phase-Out C.2.2.4.7 Continuity of Service Implementation C.2.2.4.8 Contractor Personnel C.2.2.4.9 General Condition C.2.2.4.10 Collective Bargaining Agreement C.2.2.4.11 Quality Assurance C.2.2.4.12 Statutory and Actual Damages C.2.2.4.13 Lost and Found Property C.2.2.4.14 Government Rights to Data C.2.2.4.15 Reporting Matters Involving Fraud, Waste and Abuse C.2.2.4.16 Organizational Conflict of Interest C.2.2.4.17 Security and Privacy C.2.2.4.18 Contractor Personnel Security Clearance Standards and Residency Requirements C.2.2.4.19 Non-Personal Services and Inherently Governmental Functions C.2.2.4.20 Environmental Requirements

C.2.2.4.21 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2021) ) (Deviation 2017-02, Jun 2017), (Deviation Apr 2020) and (Deviation 2020-05 Oct 2020) applies to this acquisition

SECTION D – LIST OF CONTRACT DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

FDA-SOL-1238631 Amendment 2 Page 3 of 89

SECTION E – SOLICITATION PROVISIONS

E.1 FAR 52.212-1, INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (Jun 2020)

E.2 ADDENDUM TO FAR CLAUSE 52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS

(Jun 2020) (Refer to SF1449 Block 27a) FAR 52.212-1 is tailored to include the following instructions for submission of Offerors E.2.1.1 Part I - BUSINESS PROPOSAL INSTRUCTIONS E.2.1.2 Part II – Technical Proposal Instructions E.2.1.3 Part III – Recent and Relevant Past Performance Instructions E.2.1.4 Proposal E-mailing Instructions E.2.1.5 Proposal Disqualification E.2.1.6 Instructions for Submission of Questions E.2.1.7 Pre-Proposal Conference

E.2 52.212-2 EVALUATION–COMMERCIAL ITEMS (OCT 2014)

E.3 52.212-3 OFFERORS REPRESENTATIONS AND CERTIFICATIONS–COMMERCIAL ITEMS (FEB

2021) (Deviation 2020-05) E.4 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment (Oct 2020)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

FDA-SOL-1238631 Amendment 2 Page 4 of 89

SECTION B - CONTINUATION OF STANDARD FORM (SF) 1449

B.1 3-WAY INVOICE SUBMISSION INSTRUCTIONS – Addendum to SF1449 Block 18b A. The contractor shall submit all invoices to:

U.S. FOOD AND DRUG ADMINISTRATION

Attn: Vendor Payments Division of Payment Services 10903 New Hampshire Ave WO32 - Second Floor

MAIL HUB 2145

Silver Spring, MD 20993-0002 301-827-3742 FDAVendorPaymentsTeam@fda.hhs.gov

*** Acceptable methods of delivery include: E-mail (preferred) and Standard Mail. Provide a copy marked courtesy to the COR or Technical Point of Contact (TPOC). The COR/TPOC is (determined at time of award)

B. Invoices submitted under this contract must comply with the requirements set forth in FAR Clauses 52.232-25 (Prompt Payment) and 52.232-33 (Payment by Electronic Funds Transfer - System for Award Management) and/or other applicable FAR clauses specified herein. To constitute a proper invoice, the invoice must be submitted on company letterhead and include each of the following:

(i) Name and address of the contractor;

(ii) Invoice date and invoice number;

(iii) Contract/Order number (including a reference to any base award for Indefinite- Delivery/Indefinite-Quantity Contracts or Blanket Purchase Agreements);

(iv) Description, quantity, unit of measure, unit price, and extended price supplies delivered or services performed, including:

(a) period of performance for which costs are claimed;

(b) itemized travel costs, including origin and destination;

(c) any other supporting information necessary to clarify questionable expenditures;

(d) the contractor shall include the award item number for each description, quantity, unit of measure, unit price, and extended price supplies delivered or services performed;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on government bill of lading;

(vi) Terms of any discount for prompt payment offered (Prompt Payment terms other than NET 30);

(vii) Name and address of official to whom payment is to be sent (must be the same as that in the purchase order/award, or in a proper notice of assignment)

(viii) Name, title, and phone number of person to notify in event of defective invoice;

(ix) Taxpayer Identification Number (TIN);

(x) banking routing transit number of the financial institution receiving payment for Electronic funds transfer (EFT);

(xi) Name and telephone number of the FDA Contracting Officer Representative (COR) or other Program Center/Office point of contact, as referenced on the award;

(xii) For all Inspections, Time-and-Materials and Labor-Hour Awards, Contractor is required to attach an invoice log addendum to each invoice which shall include, at a minimum, the following information for contract administration and reconciliation purposes:

FDA-SOL-1238631 Amendment 2 Page 5 of 89

(a) list of all invoices submitted to date under the subject award, including the following:

(1) invoice number, amount, & date submitted

(2) corresponding payment amount & date received

(b) total amount of all payments received to date under the subject contract or order

(c) and, for definitized contracts or orders only, total estimated amounts yet to be invoiced for the current, active period of performance;

(xiii) Any other information or documentation required by the award.

C. An electronic invoice is acceptable if submitted in adobe acrobat (PDF) format. All items listed in (i) through (xiii) of this clause must be included in the electronic invoice. Electronic invoices must be on company letterhead and must contain no ink changes and be legible for printing.

D. Questions regarding invoice payments should be directed to the Employee Resource and Information Center (ERIC) Helpdesk at 301-827-ERIC (3742) or toll-free 866-807-ERIC (3742);

or, by email at ERIC@fda.hhs.gov. Refer to the Call-in menu options and follow the phone prompts to dial the option that corresponds to the service that's needed. All ERIC Service Now Tickets will either be responded to or resolved within 48 hours (2 business days) of being received. When emailing, please be sure to include the contract number, invoice number and date of invoice, as well as your name, phone number, and a detailed description of the issue.

B.2 SERVICES AND PRICES – Addendum to SF 1449, blocks 19/20 B.2.1 Description of Services The Food and Drug Administration (FDA), National Center for Toxicological Research (NCTR) requires on-site facility Operations and Maintenance (O&M) support services to perform a full range of operational and maintenance support including Work Order (WO)/Indefinite Delivery Indefinite Quantity (IDIQ) work services.

The services include, but are not limited to, operations and maintenance of all campus utility systems; craft shop support services; operation and maintenance of utility plants and equipment;

maintenance of all process and non-process equipment; maintenance, alteration and repair of buildings and structures; pest control and grounds maintenance; janitorial and housekeeping services; and cafeteria food service operation. Attachment 1- Performance Work Statement

(PWS)

B.2.2 Pricing Schedule B.2.2.1 Fixed-Price Lump-Sum Work

Phase-In

CLIN Description Total Price 1 PHASE-IN PERIOD (20 days)

(9/1/2021 to 9/20/2021)

Base Period and Option Pricing

CLIN Description Annual Price 2 Base Period of Performance, Fixed-Price in accordance with requirements identified in PWS

3 Option Period 1. Same as Item 2 description

FDA-SOL-1238631 Amendment 2 Page 6 of 89

4 Option Period 2: Same as Item 2 description

5 Option Period 3: Same as Item 2 description

6 Option Period 4: Same as Item 2 description

TOTAL PRICE (CLINs 1-6)

B.2.2.2 Indefinite Delivery/Indefinite Quantity Work

A. Additional Work Task Orders-Indefinite Delivery/Indefinite Quantity Work The Government will issue Task Orders (TO) in accordance with the terms of the contract.

B. Tables 1 through 5 below are for evaluation purposes only.

The fixed hourly rates shall include all direct labor cost, indirect labor cost, general and administrative cost and profit or fee.

1. ESTIMATED INDEFINITE QUANTITY WORK-TASK ORDERS Base Year Ordering Period

TOTAL

Hourly Rate ESTIMATED

Est.

Labor Hours

Fully Burdened (To be negotiated) AMOUNT

Electrician 100 $ $

Grounds Maintenance Laborer 100 $ $

HVAC Mechanic 100 $ $ Instrument Mechanic 100 $ $ Laborer 100 $ $

Lead Craftsman III 100 $ $

Lead Craftsman II 100 $ $

Lead Craftsman I 100 $ $

Maintenance Mechanic 100 $ $ Maintenance Trades Helper 100 $ $ Material Coordinator 100 $ $ Millwright 100 $ $ Plumber/Pipefitter 100 $ $ Sheet Metal Worker 100 $ $ Tractor Operator 100 $ $ Total Estimated Hours 1,500 Total Estimates Total Est. Amount

2. SCHEDULE OF INDEFINITE QUANTITY WORK- TASK ORDERS Year 1 Ordering

FDA-SOL-1238631 Amendment 2 Page 7 of 89

Hours

HVAC Mechanic 100 $ $ Instrument Mechanic 100 $ $ Laborer 100 $ $

Lead Craftsman III 100 $ $

Lead Craftsman II 100 $ $

Lead Craftsman I 100 $ $

Maintenance Mechanic 100 $ $ Maintenance Trades Helper 100 $ $ Material Coordinator 100 $ $ Millwright 100 $ $ Plumber/Pipefitter 100 $ $ Sheet Metal Worker 100 $ $ Tractor Operator 100 $ $

3. SCHEDULE OF INDEFINITE QUANITITY WORK- TASK ORDERS Year 2 Ordering

Hours

HVAC Mechanic 100 $ $ Instrument Mechanic 100 $ $ Laborer 100 $ $

Lead Craftsman III 100 $ $

Lead Craftsman II 100 $ $

Lead Craftsman I 100 $ $

Maintenance Mechanic 100 $ $ Maintenance Trades Helper 100 $ $ Material Coordinator 100 $ $

FDA-SOL-1238631 Amendment 2 Page 8 of 89

Millwright 100 $ $ Plumber/Pipefitter 100 $ $ Sheet Metal Worker 100 $ $ Tractor Operator 100 $ $

4. SCHEDULE OF INDEFINITE QUANTITY WORK-TASK ORDERS Year 3 Ordering

Hours

HVAC Mechanic 100 $ $ Instrument Mechanic 100 $ $ Laborer 100 $ $

Lead Craftsman III 100 $ $

Lead Craftsman II 100 $ $

Lead Craftsman I 100 $ $

Maintenance Mechanic 100 $ $ Maintenance Trades Helper 100 $ $ Material Coordinator 100 $ $ Millwright 100 $ $ Plumber/Pipefitter 100 $ $ Sheet Metal Worker 100 $ $ Tractor Operator 100 $ $

5. SCHEDULE OF INDEFINITE QUANTITY WORK-TASK ORDERS YEAR 4 Ordering

Hours

FDA-SOL-1238631 Amendment 2 Page 9 of 89

HVAC Mechanic 100 $ $ Instrument Mechanic 100 $ $ Laborer 100 $ $

Lead Craftsman III 100 $ $

Lead Craftsman II 100 $ $

Lead Craftsman I 100 $ $

Maintenance Mechanic 100 $ $ Maintenance Trades Helper 100 $ $ Material Coordinator 100 $ $ Millwright 100 $ $ Plumber/Pipefitter 100 $ $ Sheet Metal Worker 100 $ $ Tractor Operator 100 $ $

C. Task Order:

Fire Extinguisher Task see Appendix XIV of the PWS

CLIN Description: Total Price 7 Base Period of Performance 9/21/21- 9/20/22 - Fire Extinguisher

Task; see Appendix XIV of the PWS

8 Option Period 1: Period of Performance 9/21/22- 9/20/23 - Fire Extinguisher Task; see Appendix XIV of the PWS

9 Option Period 2: Period of Performance 9/21/23- 9/20/24 - Fire

10 Option Period 3: Period of Performance 9/21/24- 9/20/25 - Fire

11 Option Period 4: Period of Performance 9/21/25- 9/20/26 - Fire

TOTAL PRICE (CLINs 7-11)

D. Task Order:

EMCS Coordinator Task; see Section 16.1 of the PWS

Description: Total Price 12 Base: Period of Performance 9/21/21- 9/20/22 - EMCS Coordinator;

see Section 16.1 of the PWS

13 Option Period 1: Period of Performance 9/21/22- 9/20/23 - EMCS Coordinator; see Section 16.1 of the PWS

FDA-SOL-1238631 Amendment 2 Page 10 of 89

14 Option Period 2: Period of Performance 9/21/23- 9/20/24 - EMCS

15 Option Period 3: Period of Performance 9/21/24- 9/20/25 - EMCS

16 Option Period 4: Period of Performance 9/21/25- 9/20/26 - EMCS

TOTAL PRICE (CLINs 12-16)

B.2.2.3 Minimum and Maximum Quantities for IDIQ portion The contract’s guaranteed minimum is the firm-fixed-price tasks for the base period of the contract. The contract’s estimated maximum IDIQ- Task Order amount, inclusive of the five (5) year ordering period is $5,000,000.00. The estimated maximum anticipated under this contract is not intended to imply that it is an estimate of the total services that will be required. The maximum amount in no way guarantees that the volume of purchases through this IDIQ will be higher or lower than the said estimate over the term of the IDIQ.

B.2.2.4 Total Estimated Contract Price/Costs (Phase-In Period, Base Year and Four Option Periods)

TOTAL

A. Total Price CLINs 1-6 $______________

B. Estimated Task Orders – Indefinite Quantity/Indefinite Delivery Work Base and all Ordering Periods $______________

C. Total Price Fire Extinguisher Task Order $______________

D. Total Price EMCS Coordinator Task Order $______________

ESTIMATED GRAND TOTAL (A+B+C+D) $__________________

B.2.3 Packing, Marking and Shipping

B.2.3.1 Preparation of Delivery. All material to be delivered hereunder shall be afforded the degree of packing (preservation and packing) required to prevent deterioration and damages due to hazards of shipment, handling and storage. Best commercial practice will be accepted.

B.2.3.2 Prohibited Packaging Materials. The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer and similar hygroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.

B.2.4 Inspection and Acceptance The Contracting Officer’s Representative (COR), a duly authorized representative of the CO, shall monitor the Contractor’s performance, evaluate the quality of services and perform the final

FDA-SOL-1238631 Amendment 2 Page 11 of 89 inspection and acceptance of all deliverables. Unless otherwise requested, deliverables shall be sent to the COR specified herein.

B.2.5 Deliveries or Performance B.2.5.1 Reporting Requirements and Deliverables.

Deliverables required by this contract are outlined in the PWS.

B.2.5.2 Contractor Notice Regarding Late Delivery.

In the event the contractor, for any reason, anticipates or encounters difficulty in complying with the contract delivery schedule or performance date or in meeting any of the requirements of the contract, the contractor shall immediately provide written notification to the CO giving pertinent details. The data shall be informational in character and its receipt by the Government shall not be construed as a waiver by the contractor or any other rights or remedies provided to the Government by law or under this contract.

B.2.5.3 AAM 2018.06-005 Macro Functionality Disabled Be advised that FDA does not accept documents which contain the use of macros. Document submissions required throughout the award period(s) shall not have macro enabled functionality and any document delivered having that functionality will be deemed delinquent, if not corrected prior to the due date.

B.2.6 Contract Period of Performance The anticipated performance period for the phase-in, base year and option periods are as follows:

Phase-in September 1, 2021 through September 20, 2021

Base Period September 21, 2021 through September 20, 2022

Option Period 1 September 21, 2022 through September 20, 2023

Option Period 2 September 21, 2023 through September 20, 2024

Option Period 3 September 21, 2024 through September 20, 2025

Option Period 4 September 21, 2025 through September 20, 2026

A period of performance will be specified for each individual task order.

SECTION C – CONTRACT CLAUSES

C.1 FAR 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (OCT

2018) This clause is incorporated by reference (Refer to SF1449 Block 27a).

C.2 ADDENDUM TO FAR CLAUSE 52.212-4 CONTRACT TERMS AND CONDITIONS -

COMMERCIAL ITEMS (OCT 2018) (Refer to SF1449 Block 27a)

FDA-SOL-1238631 Amendment 2 Page 12 of 89

C.2.1 Deviation 2017-02 to FAR 52.212-4, Contract Terms and Conditions-Commercial Items (OCT 2018) The Deviation 2017-02) applies to this acquisition. Paragraph “r” is changed as follows:

“(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.”

C.2.2 ADDENDUM TO FAR CLAUSE 52.212-4 CONTRACT TERMS AND CONDITIONS -

COMMERCIAL ITEMS (OCT 2018) (Refer to SF1449 Block 27a)

CONTRACT ADMINISTRATION DATA

C.2.2.1 Government Personnel Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, administration of this contract shall require maximum coordination between the Government and the Contractor. The following individuals shall be the Government’s points of contact during performance of the contract:

C.2.2.1.1 Contracting Officer (CO).

The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the contract; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

The Contracting Officer for this contract is Regina Williams.

C.2.2.1.2 Contract Specialist (CS).

All communications pertaining to contractual and/or administrative matters under the contract shall be addressed to the CS at the following email address:

Warren Dutter Email: warren.dutter@fda.hhs.gov Phone: (870) 543-7577

C.2.2.1.3 Contracting Officer’s Representative (COR).

The following CORs will represent the Government for the purpose of this contract: (To be provided at contract award)

Name:

Email Address:

Phone:

(a) Performance of the work under this contract shall be subject to the technical direction of the COR(s) identified above, or a representative designated in writing. The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, FDA-SOL-1238631 Amendment 2 Page 13 of 89 shifts the work between work areas or locations, fills in details and otherwise services to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(b) Technical direction must be within the scope of the specification(s)/work statement.

The COR does not have the authority to issue any technical direction that:

(1) Constitutes a change of assignment of additional work outside the specification(s) / PWS;

(2) Constitutes a change as defined in the contract clause entitled "Changes”;

(3) In any manner causes an increase or decrease in the total contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract.

(5) Interferes with the contractor’s right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the contractor’s employees.

(c) Technical directions may be oral or in writing. The COR shall confirm oral direction in writing within five work days, with a copy to the CO.

(d) The Contractor shall proceed promptly with the performance resulting from the technical directions issued by the COR. If, in the opinion of the contractor, any direction of the COR, or his/her designee, falls within the limitations in (b), above, the contractor shall immediately notify the CO no later than the beginning of the next Government work day.

(e) Failure of the contractor and the CO to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes."

The type of actions within the purview of the COR’s authority is to assure that the Contractor performs the technical requirements of the contract, and to notify both the Contractor and the CO of any deficiencies observed. A letter of designation shall be issued to both the COR and the Contractor at the time of the contract award setting forth, in full, the responsibilities and limitations of the COR.

C.2.2.2 Contractor Personnel HHSAR 352.237-75 Key Personnel (DEC 2015) The key personnel specified in this contract are considered to be essential to work performance.

At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the Contractor or Government.

All Supervisory/on-site Key Personnel and Lead Craftsmen specified in this contract are considered to be essential to work performance. The individuals cited below are Supervisory/on-site Key personnel and Lead Craftsmen.

Reference: PWS, Paragraph 1.9.

Name Title

FDA-SOL-1238631 Amendment 2 Page 14 of 89

On-site Contract Manager Electrician LeadAssistant Contract Manager

Grounds Maintenance LeadOperations and Maintenance Manager

HVAC Mechanic LeadSafety Manager

Instrument Mechanic LeadQuality Control Manager

Lead Craftsman IIIUtilities Manager Environmental ManagerLead Craftsman II Food Services ManagerLead Craftsman I EMCS ManagerMaintenance Mechanic Lead Material Coordinator Lead Millwright Lead Plumber/Pipefitter Lead Sheet Metal Lead

(End of clause)

C.2.2.3 Contractor Performance Evaluations In accordance with Federal Acquisition Regulation (FAR) 42.15, FDA will complete annual and final contractor performance evaluations. Annual evaluations will be prepared to coincide with the anniversary date of the contract. Additional interim performance evaluations may be prepared at Contracting Officer discretion, as necessary. Final performance evaluations will be completed upon contract expiration.

FDA will utilize the Contractor Performance Assessment Reporting System (CPARS) in order to execute annual and final contractor performance evaluations. CPARS is a secure Internet website located at https://www.cpars.gov/. FDA will register the contractor in CPARS upon receipt of the name and email address of two (2) individuals who will be responsible for serving as the Contractor’s primary and alternate CPARS contacts. Once FDA registers the contractor in CPARS, the Contractor will receive an automated CPARS email message which contains User IDs and instructions for creating a password.

Once a performance evaluation is issued, the Contractor’s primary and alternate CPARS contact will receive an email instructing them to logon to CPARS in order to review the performance evaluation. The Contractor has 14 days from the date of performance evaluation issuance in which to review the evaluation. If the Contractor is in agreement with the performance evaluation outcome, the evaluation becomes final. Should the Contractor be in disagreement with the performance evaluation outcome, rebuttal comments must be submitted via the CPARS within 14 days from date the evaluation was issued by the FDA. Any disagreement between the Contracting Officer and the Contractor will be referred to a contracting official one level above the Contracting Officer, whose decision will be final.

Copies of each performance evaluation and contractor responses, if any, will be retained as part of the official contract file and will be used to support future award decisions. Evaluations will also be stored for a 3-year period in the Contractor Performance Assessment Reporting System (CPARS) at www.cpars.gov.

https://www.cpars.gov/

FDA-SOL-1238631 Amendment 2 Page 15 of 89

Contractors may obtain CPARS training material and register for on-line training at https://www.cpars.gov/. There is no fee for registration or use of the CPARS.

C.2.2.4 SPECIAL CONTRACT REQUIREMENTS

The contractor is expected to provide Operations and Maintenance Services in accordance with the terms and conditions stated herein, to furnish to and at the FDA, JLC, the services and prices specified herein and in the referenced attachments, understanding the considerations outlined herein.

C.2.2.4.1 Government Furnished Property and Facilities The Government will provide the following property and facilities under this contract. The Contractor is responsible for accountability and security of all Government-owned property and facilities for which it is entrusted. The Contractor is also responsible for maintaining all Government-owned property and facilities in a clean, serviceable condition. Except for reasonable wear and tear and property consumed in the performance of this contract, the Contractor assumes the risk of and is responsible for any loss or damage to Government property.

A. Facilities. The facilities listed in Appendix XII in the PWS, will be furnished for Contractor use. The operation, maintenance, and repair of these facilities are included with the PWS. Repairs necessitated by Contractor misuse or negligence will be accomplished by the Contractor at his expense. Alterations made for the benefit of the Contractor must have prior approval of the Contracting Officer and may or may not, at the discretion of the Contracting Officer, be paid for by the Government.

B. Equipment. Pursuant to the “Government Property” FAR Clause 52.245-1 in the Contract, the Government will furnish the items listed in Appendix VII in the PWS.

The maintenance of equipment is included within the PWS.

1. In addition to the applicable Government Property clause, the Contractor shall comply with the provisions of DHHS Publication “Contractor’s Guide for Control of Government Property”, which is incorporated by reference, regarding both Government furnished property and direct purchase of equipment by the Contractor.

2. The warranty provisions on all equipment, component parts, and accessories shall be safeguarded during the full duration of the warranty period by complying with all manufacturers’ requirements regarding maintenance manufacturer warranty obligations.

3. The equipment operating manuals and suppliers catalogs presently maintained by the incumbent Contractor will be turned over to the successor Contractor during the phase-in period. A joint inventory shall be taken of the equipment operating manuals; the Contractor shall identify to the COR those operating manuals that are missing. At the expiration of the contract, a joint inventory shall again be taken and the Contractor shall replace any lost or destroyed manuals. All files, records, manuals, and worksheets turned over to the Contractor during the contract shall remain or becomes the property of the Government and shall be returned to the government at the expiration of this contract. The Government will have the right to inspect or copy any files, records, maps, worksheets, or any other technical material during this contract.

https://www.cpars.gov/

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4. The cost for repairs and replacement of Government furnished equipment due to Contractor misuse or negligence will be chargeable to the Contractor.

C. Joint Inventory of Non-Expendable Property. Prior to start of the performance period, the Contractor shall conduct a joint inventory with the Government and acknowledge receipt of all non-expendable property provided by the Government.

The Contractor and the COR or his designee shall jointly determine the working condition of all equipment. Items of equipment not in working order and any discrepancies found beyond normal wear and tear shall be noted. The Contractor and the COR will certify to the accuracy of the joint inventory with any/all discrepancies noted. All applicable items found, that are not included in Appendix VII in the PWS will be reported to the COR and the Contractor shall provide an updated Appendix VII as equipment is added/removed throughout the performance of the contract.

(1) The Contractor and the COR or his designee shall conduct an annual joint inventory on non-expendable property. This inventory shall be documented as described in sub-paragraph C, above.

(2) A joint inventory of non-expendable property shall be conducted upon completion of this contract and shall be documented as described in sub-paragraph C, above.

D. The Contractor shall take control and manage an existing Government owned stock store of spare parts, maintenance-related supplies and materials located at JLC.

This stock will service as the Contractor’s initials source of supply for performance.

E. Utilities. The Government will furnish electricity, natural gas, fuel oil, steam, water, telephone, and sewer as necessary to ensure Contractor compliance with the PWS.

Use of utilities is restricted to that which is specifically needed for contract performance.

F. Government Vehicles. Contractor personnel will operate a limited number of Government furnished automotive, materials handling, and miscellaneous equipment while performing work under the contract, reference Section 1.2.7 of the PWS and appendices thereto, as identified in Section D - List of Attachments to this contract.

Gasoline and diesel fuel for Government owned vehicles will be provided; however, gasoline and diesel fuel for Contractor owned vehicles will NOT be provided. The Contractor shall ensure that all operators are properly qualified and licensed to the equipment assigned to them in accordance Federal regulations and requirements.

Operators shall be trained to exercise due care while operating equipment and, to minimize equipment maintenance cost, shall execute appropriate pre-operation and operational checks of equipment as required by Federal standards. Corporate markings are not permitted on Government furnished equipment. Operators are prohibited from the use of tobacco products in Government vehicles.

G. Forms and Publications. The Government will furnish all required Government forms and Government publications to the Contractor, as the Contractor requires them. Publications include written Center policies, FDA Staff Manual Guides, Federal regulations and Federal Register issuances.

H. Protective Clothing - Restricted Areas. The Government will furnish protective clothing to Contractor employees required to enter restricted areas. These items include but are not limited to: sterile clothing, shoes, head covering, gloves, respiratory protection, and personnel hoods. Protective Clothing shall be returned after exiting form restricted areas. Damage caused by Contractor misuse or

FDA-SOL-1238631 Amendment 2 Page 17 of 89 negligence will be charged to the Contractor.

I. Tools. The Government will provide an adequate quantity of quality hand tools, small power tools, and minor instrumentation that is normally considered a “tool box” item for the individual craftsman. The Contractor shall be responsible for ensuring the individual craftsmen are equipped to accomplish their normal duties. Any tools on site at the Jefferson Laboratory Complex and under the control of the Contractor must be inventoried and must not be REMOVED from the premises. The Contractor must return old broken tools for replacement. Reports of lost tools shall be submitted to the COR before re-issuance of new tools.

J. Restricted Use of Government Facilities and Property. The Contractor is advised that Government-owned facilities, property, and utilities shall only be used in the performance of official duties required by this contract. No Government-owned facilities, property, and utilities may be used for private benefit at any time.

C.2.2.4.2 Tobacco Free Facilities In accordance with Department of Health and Human Services (HHS) policy, the Contractor and its staff are prohibited from using tobacco products of any kind (e.g., cigarettes, cigars, pipes, and smokeless tobacco) while on any HHS property, including use in personal or company vehicles operated by Contractor employees while on an HHS property. This policy also applies to all subcontracts awarded under the contract or order. The term ‘‘HHS properties’’ includes all properties owned, controlled and/or leased by HHS when totally occupied by HHS, including all indoor and outdoor areas of such properties. Where HHS only partially occupies such properties, it includes all HHS-occupied interior space. Where HHS leases space in a multi-occupant building or complex, the tobacco-free HHS policy will apply to the maximum area permitted by law and compliance with the provisions of any current lease agreements. The Contractor shall ensure that each of its employees and any subcontractor staff is made aware of, understand, and comply with this policy.

C.2.2.4.3 HHSAR 352.223-70 Safety and Health. (DEC 2015)

(a) To help ensure the protection of the life and health of all persons, and to help prevent damage to property, the Contractor shall comply with all Federal, State, and local laws and regulations applicable to the work being performed under this contract. These laws are implemented or enforced by the Environmental Protection Agency, Occupational Safety and Health Administration (OSHA) and other regulatory/ enforcement agencies at the Federal, State, and local levels.

(1) In addition, the Contractor shall comply with the following regulations when developing and implementing health and safety operating procedures and practices for both personnel and facilities involving the use or handling of hazardous materials and the conduct of research, development, or test projects:

(i) 29 CFR 1910.1030, Bloodborne pathogens; 29 CFR 1910.1450, Occupational exposure to hazardous chemicals in laboratories; and other applicable occupational health and safety standards issued by OSHA and included in 29 CFR part 1910. These regulations are available at https://www.osha.gov/.

(ii) Nuclear Regulatory Commission Standards and Regulations, pursuant to the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.). The Contractor may obtain copies from the U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001.

(2) The following Government guidelines are recommended for developing and implementing health and safety operating procedures and practices for both personnel and facilities:

https://www.osha.gov/ https://www.osha.gov/

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(i) Biosafety in Microbiological and Biomedical Laboratories, CDC. This publication is available at http://www.cdc.gov/biosafety/publications/index.htm.

(ii) Prudent Practices for Safety in Laboratories (1995), National Research Council, National Academy Press, 500 Fifth Street NW., Lockbox 285, Washington, DC 20055 (ISBN 0–309– 05229–7). This publication is available at http://www.nap.edu/catalog/4911/prudentpractices-in-the-laboratory-handling-anddisposal-of-chemicals.

(b) Further, the Contractor shall take or cause to be taken additional safety measures with the Contracting Officer’s Representative or other appropriate officials, determines to be reasonably necessary. If compliance with these additional safety measures results in an increase or decrease in the cost or time required for performance of any part of work under this contract, the Contracting Officer will make an equitable adjustment in accordance with the applicable ‘‘Changes’’ clause set forth in this contract.

(c) The Contractor shall maintain an accurate record of, and promptly report to the Contracting Officer, all accidents or incidents resulting in the exposure of persons to toxic substances, hazardous materials or hazardous operations; the injury or death of any person; or damage to property incidental to work performed under the contract resulting from toxic or hazardous materials and resulting in any or all violations for which the Contractor has been cited by any Federal, State or local regulatory/enforcement agency. The report citing all accidents or incidents resulting in the exposure of persons to toxic substances, hazardous materials or hazardous operations; the injury or death of any person; or damage to property incidental to work performed under the contract resulting from toxic or hazardous materials and resulting in any or all violations for which the Contractor has been cited shall include a copy of the notice of violation and the findings of any inquiry or inspection, and an analysis addressing the impact these violations may have on the work remaining to be performed. The report shall also state the required action(s), if any, to be taken to correct any violation(s) noted by the Federal, State, or local regulatory/ enforcement agency and the time frame allowed by the agency to accomplish the necessary corrective action.

(d) If the Contractor fails or refuses to comply with the Federal, State or local regulatory/enforcement agency’s directive(s) regarding any violation(s) and prescribed corrective action(s), the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action (as approved by the Federal, State, or local regulatory/enforcement agencies) has been taken and documented to the Contracting Officer. No part of the time lost due to any such stop work order shall form the basis for a request for extension or costs or damages by the Contractor.

(e) The Contractor shall insert the substance of this clause in each subcontract involving toxic substances, hazardous materials, or hazardous operations. The Contractor is responsible for the compliance of its subcontractors with the provisions of this clause.

(End of clause)

C.2.2.4.4 Delegation of Authority

(a) The Administrative Contracting Officer (ACO) Warren Dutter is hereby designated by the Procuring Contracting Officer (PCO) to act as the authorized Government agent that oversees Contractor performance in accordance with the terms and conditions of the contract.

C.2.2.4.5 Ordering Against IDIQ Additional Work Task Order Portion of the Contract

In addition to the Ordering Clause in Section C the following ordering information/instruction is http://www.cdc.gov/biosafety/publications/index.htm http://www.nap.edu/catalog/4911/prudentpractices-in-the-laboratory-handling-anddisposal-of-chemicals http://www.nap.edu/catalog/4911/prudentpractices-in-the-laboratory-handling-anddisposal-of-chemicals

FDA-SOL-1238631 Amendment 2 Page 19 of 89 provided. IDIQ work is defined as work that is not part of the routine work for operations and maintenance support for the Jefferson Lab Complex, but comes within the scope of the contract.

Specific work will be defined as required by the JLC in accordance with the performance work statement attached to this contract.

The Contractor shall prepare and submit a task order proposal addressing all areas of the requirement. The Contractor shall submit the task order proposal within the time period specified in the Request for Task Order Proposal (RFTOP) and adhere to the ceiling rates established in the contract. Ceiling rate discounts may always be proposed. Other direct costs shall be clearly identified, explained, and substantiated. Proposals shall include: (1) a schedule of performance; (2) a staffing plan including estimated manhours by labor category per task area; (3) subcontractors solicited and quotes received. No separate payment will be made to the contractor for the cost to prepare, submit and/or negotiate a task order proposal. The Government will evaluate task order proposals as specified in the individual RFTOP on a best value basis. The government reserves the right to insert anticipated travel by utilizing Other Direct Costs (ODC).

1. Prior to starting any work, the Contractor shall submit a proposal outlining the work to be done to the ACO, including a tentative start date and indicating the number of days to complete the work. The proposal shall also identify the methods, equipment and material to be used and the number of hours and wage rate per craft, using the fully burdened rates previously negotiated under Section B, to complete the work. ACO approval is required prior to performing any additional task order work.

2. If any other direct prices (for example, materials) are involved in performance of this work, they shall be priced out separately when submitting proposals to the ACO. If work is of such urgency that it cannot be awarded and negotiated in a timely manner, the contractor shall notify the ACO immediately.

3. Additional Work Task Orders may be issued by the Government during the ordering period from the date of contract award and the period of any option periods exercised or Contract extensions. Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time period specified in the task order. Orders may be issued by mail, fax or electronic methods.

4. The effective period for delivery of orders under this contract begins on the date of contract award and ends on the date following the date of final payment under this contract.

5. The contractor shall invoice once an approved task order is accepted by the Government and shall include the work order number and task order number.

6. Authorized Ordering Activities: The following activity(ies) or individual(s) is/are designated as Ordering Officers under this contract:

i. Any Contracting Officer of the U.S. Food and Drug Administration-Office of Acquisitions and Grants Services (OAGS); subject to the limitations contained in their respective contracting officer warrants (SF 1402, Certificate of Appointment).

ii. Others as authorized in writing by the Contracting Officer.

7. Content of Order: Each task order placed under this contract shall include the following minimum information:

i. The contract number, task order number, and date of order.

ii. Description of the service to be provided.

iii. Applicable accounting and appropriation data, and special invoicing instructions where applicable.

Additional Information can include:

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iv. Item number and description, quantity and unit price.

v. Cost and hours (as negotiated), extended amounts, fee (if applicable,) total estimated amount, and reporting requirements.

vi. Delivery or performance date.

vii. Place of delivery or performance (including consignee). Packaging, packing, and shipping instructions, if any.

viii. Such other terms and conditions as may be pertinent and peculiar to the particular tasks thereby ordered.

ix. Individual orders will reflect the requirement of particular circumstances as applicable.

Urgent orders will cite peculiar terms and requirements.

8. Pricing of Orders: The Contractor warrants that the prices charged under this contract shall not exceed the costs charged by the Contractor to its most favored customers for like items or services under comparable conditions.

9. All task orders issued hereunder are subject to the terms and conditions of this contract.

This contract shall control in the event of conflict with any task order. Task orders may contain option clauses.

C.2.2.4.6 Phase-In/Phase-Out

A. Contractor Phase-In – During the Contractor twenty (20) day phase-in the Contractor shall receive work requests, prepare estimates, receive delivery orders, order material and prepare work schedules for Indefinite Quantity work where the actual performance will begin after the start date. The incumbent Contractor shall continue to plan, schedule, and perform, Indefinite Quantity type work requests received up through contract expiration. The successor Contractor, however, shall be prepared to take over and complete all work requests in progress at the beginning of the contract performance period. The successor Contractor shall also prepare estimates for the remaining portion of Indefinite Quantity work begun but not completed by the incumbent. Upon award, the Contractor shall begin phase-in execution in accordance with the approved phase-in plan.

B. Incumbent Phase-Out - The phase-in of incoming Contractor forces many occur in conjunction with a phase-out of incumbent employees. The Contractor shall not assume that incumbent employees will be able to guide, direct, or specifically orientate each incoming Contractor employee. The in-coming Contractor shall cooperate with the incumbent during the phase-in period.

C.2.2.4.7 Continuity of Service Implementation

The Contractor is expected to meet full performance requirements from the stated date of the contract. The Contractor shall provide sufficient experience personnel during the phase-in period to ensure that the services specified by this contract are maintained at the required level of proficiency. FAR Clause 52.237-3 “Continuity of Services” in Section C, applies to the phase-out period of this contract.

C.2.2.4.8 Contractor Personnel

Pursuant to Performance Work Statement Section 1.9 the Contractor shall provide the

FDA-SOL-1238631 Amendment 2 Page 21 of 89 following.

A. The Contractor shall submit evidence to the Administrative Contracting Officer (ACO) that personnel meet the qualifications (Ref. PWS Section 1.9) for their respective tasks under this contract and have or have applied for the proper certification(s) and license(s) required by the State of Arkansas or other authorities. This information shall be provided to the ACO at the beginning of the performance period and shall be updated annually thereafter for the life of the contract. A temporary license may be substituted during the first ninety-days of performance.