Section A thru M.pdf

Solicitation Number: NIHOF2007011 Title: Renovate Various Rooms in Various Buildings at NIH, Bethesda Campus and Other Satellite Locations in the Washington DC Area

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TABLE OF CONTENTS PAGE

PART 1 – THE SCHEDULE

Section A – Solicitation / Contract Form A-1 thru A-7

Articles A.1. Standard Form 1442 Solicitation, Offer and Award A.2. Table of Contents

Section B – Supplies or Services and Prices / Costs B-1 thru B-5

Article B.1. Brief Description Of Supplies Or Services

B.2. Prices/Costs B.3. Prices B.4. Option Prices B.5. Labor Categories B.6. Change Orders

Section C – Description / Specifications / Statement of Work C-1 thru C-7

C.1. General Description C.2. Scope of Work – Planning Services C.3. Scope of Work – Construction Services C.4. Contractor Quality Control (CQC) Program C.5. Scope of Work – Design Services

Section D – Packaging and Marking D-1

D.1. Packaging

Section E – Inspection and Acceptance E-1

Section F – Deliveries or Performance F-1 thru F-2

F.1. Performance Period F.2. Deliveries F.3. FAR 52.211-10 Commencement, Prosecution, and

Completion of Work (Sep 2000) F.4. FAR 52.211-12 Liquidated Damages – Construction (Apr 1984) F.5. FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

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Section G – Contract Administration Data G-1 thru G-10

G.1. Contracting Officer G.2. Contracting Officer Technical Representative (COTR) G.3. Method of Ordering G.4. Multiple Award Task Order Procedures G.5. Consideration and Payment G.6. Invoice Submission G.7. Electronic Funds Transfer Information G.8. Key Personnel G.9. Post Award Evaluation of Contractor Performance

Section H – Special Contract Requirements H-1 thru 26

H.1. Wage Rates H.2. Insurance H.3. Contracting Officer H.4. Contracting Officer Technical Representative H.5. General Conditions H.6. Equitable Adjustment Due to Changes H.7. Performance and Payment Bonds Requirement H.8. Safety and Health H.9. Submittals H.10. Project Record Documents H.11. Field Surveys H.12. Planning and Coordination Drawings H.13. Contractor Quality Control H.14. Reporting Matters Involving Fraud, Waste and Abuse H.15. Press Releases H.16. Use of the Metric System of Measurement H.17. Electronic and Information Technology Standards H.18. Needle Exchange H.19. Work by the Government H.20. Task Order/Delivery Order Contract Ombudsmen H.21. Energy Star Requirement H.22. Access to national Institutes of health (NIH) Electronic Mail H.23. Prohibition on Contractor Involvement with Terrorist Activities H.24. Restriction on Employment of Unauthorized Alien Workers H.25. Option Provision

PART II – CONTRACT CLAUSES

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Section I – Contract Clauses for a Firm Fixed – Negotiated Contract I-1 thru I-15

I.1. General Clauses For A Negotiated Fixed Price Construction Contract - FAR 52.252-2, clauses incorporated by reference (February 1998) I.2. Authorized Substitutions Of Clauses I.3. Additional Contract Clauses I.4. Additional Far Contract Clauses Included In Full Text

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

Section J – List of Attachments 2,110 pages

PART IV – REPRESENTATIONS AND INSTRUCTIONS

Section K – Representations, Certifications and Other Statements of K-1 Offerors

Section L – Instructions, Conditions, and Notices to Offerors L-1 thru L-27

L.1. General Information L.2. Instructions To Offeror L.3. FAR 52.236-27 Site Visit (Construction) (Feb 1995) L.4. Contractor’s Release for All Contracts NIH Form 2582 L.5. Statement and Acknowledgement L.6. Disclosure of Lobbying Activities L.7. Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction (Feb 1999)

Section M – Evaluation Factors for Award M-1 thru M-5

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PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES / COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

Multi-Award -- Indefinite Delivery Indefinite Quantity Construction Contract for Service Disabled Veterans Owned Small Business to Renovate Various Rooms in Various Buildings at NIH, Bethesda Campus and Other Satellite Locations in the Washington DC Area

ARTICLE B.2. PRICES/COSTS

The final contract will contain the price/cost provisions agree upon by the Government and the Offeror.

ARTICLE B.3. PRICES

a. . The Contactor shall be reimbursed by the Government in an amount not less that a total of

$5,000.00 (minimum) nor more than a total of $30,000,000.00 (maximum) aggregate for successful performance of the base period and all option periods of this contract

b. The prices set forth in this ARTICLE B.3. will cover the Contract period 08/25/2008 through

08/24/2009.

c. Upon Delivery and acceptance of the Item(s) described in SECTION C of this contract and identified in the schedule of charges below, the Government shall pay the Contractor the unit price(s) set forth below:

SCHEDULE OF CHARGES FOR THE BASIC AWARD PERIOD

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT

PRICE

MAX

AMOUNT

0001 $6,000,000 Dollar, U.S.

BASE YEAR

FFP

RENOVATE VARIOUS ROOMS IN VARIOUS BUILDINGS AT

NIH, BETHESDA CAMPUS AND OTHER SATELLITE

LOCATION IN THE WASHINGTON DC AREA. THE

AGGREGATE AMOUNT OF THE FFP TASK ORDERS SHALL

NOT EXCEED $30,000,000 OVER THE LIFE OF THE

CONTRACT.

FOB: Destination

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ARTICLE B.4. OPTION PRICES

a. Unless the Government exercises its option pursuant to the option clause referenced in Article C.3. ADDITIONAL CONTRACT CLAUSES, this contract consists only of the Base period specified in Statement of Work as defined in SECTION C and F, for the price set forth in ARTICLE B.3. of this contract.

b. Pursuant to FAR Clause 52.217-9/Option to Extend the Term of the Contract set forth in

ARCICLE I.3. ADDITIONAL CONTRACT CLAUSES of this contract, the Government may, by unilateral contract modification, require the Contractor to perform the Option Period(s) s specified in the Statement of Work as defined in SECTION C and F of this contract. If the Government exercises this/these option(s), notice must be given before the expiration date of the contract. Specific information regarding the time frame for this notice is set forth in the OPTION PROVISION Auricle in SECTION H of this contract. The fixed price of this contract will be increased as set forth in paragraph “c” below.

c. Upon the delivery and acceptance of the Option Service(s) described in SECTION C of the contract and identified in the schedule of charges below, the Government shall pay the contractor the unit price(s) set forth below:

ITEM

NO

DESCRIPTION OF

OPTION PERIOD

MAX

QUANTITY

UNIT UNIT

PRICE

MAX

AMOUNT

0002 $6,000,000 Dollar, U.S.

1ST OPTION

PERIOD

FFP

RENOVATE VARIOUS ROOMS IN VARIOUS BUILDINGS AT

NIH, BETHESDA CAMPUS AND OTHER SATELLITE

LOCATION IN THE WASHINGTON DC AREA. THE

AGGREGATE AMOUNT OF THE FFP TASK ORDERS SHALL

NOT EXCEED $6,000,000 DURING OPTION PERIOD 1.

DESCRIPTION OF

OPTION PERIOD

MAX

QUANTITY

UNIT UNIT

PRICE

MAX

AMOUNT

0003 $6,000,000 Dollar, U.S.

2ND OPTION

NIH, BETHESDA CAMPUS AND OTHER SATELLITE

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LOCATION IN THE WASHINGTON DC AREA. THE

AGGREGATE AMOUNT OF THE FFP TASK ORDERS SHALL

NOT EXCEED $6,000,000 DURING OPTION PERIOD 2.

DESCRIPTION OF

OPTION PERIOD

MAX

QUANTITY

UNIT UNIT

PRICE

MAX

AMOUNT

0004 $6,000,000 Dollar, U.S.

3RD OPTION

NIH, BETHESDA CAMPUS AND OTHER SATELLITE

LOCATION IN THE WASHINGTON DC AREA. THE

AGGREGATE AMOUNT OF THE FFP TASK ORDERS SHALL

NOT EXCEED $6,000,000 DURING OPTION PERIOD 3.

DESCRIPTION OF

OPTION PERIOD

MAX

QUANTITY

UNIT UNIT

PRICE

MAX

AMOUNT

0005 $6,000,000 Dollar, U.S.

4TH OPTION

NIH, BETHESDA CAMPUS AND OTHER SATELLITE

LOCATION IN THE WASHINGTON DC AREA. THE

AGGREGATE AMOUNT OF THE FFP TASK ORDERS SHALL

NOT EXCEED $6,000,000 DURING OPTION PERIOD 4.

ARTICLE B.5. LABOR CATEGORIES

1. The following labor categories are the minimum required to perform the resulting contract.

Offerors shall provide hourly base labor rates including fringes for each labor category as indicated below. The offeror shall add additional labor categories as needed for all possible labor discipline that will be needed using the attached Davis Bacon Wage Determination (see SECTION J). The offeror shall provide supporting information (i.e. 3 month historical payroll

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2. If the Government elects to exercises an option period, the Contracting Officer shall modify the contract and incorporate the most current Davis Bacon Wage Rate into the contract which shall be effective throughout the option period.

Labor Category Base Period 1ST Option

Period 2nd Option Period

3rd Option Period

4th Option Period

Program Manager Superintendent

Overhead Rate Profit Rate Subcontract Handling Fee

3. The following list of Davis Bacon Wage Rates are incorporated into and made part of the contract. The Davis Bacon Wage Rates can be found in Attachment J-2.

General Wage Determination No. County Modification No. Date

MD080056 Montgomery – Maryland 4 05/30/2008 MD080037 Baltimore – Maryland 2 05/23/2008

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MD080009 Frederick – Maryland 2 05/16/2008 DC080003 District of Columbia 5 06/06/2008

ARTICLE B.6 CHANGE ORDERS

Where changes to the scope of work of a Task Order are made after award of the Task Order, such changes shall be priced in accordance with the pricing procedures described within this Section.

Equitable Adjustments Due to Changes

1) The contractor shall submit a proposal for all changes in the work within 14 days from the effective date of the change order or request for proposal. With each proposal for a change involving an increase or decrease in the amount of the contractor task order, the contractor shall submit separately an itemized breakdown that will include, but not be limited to, the following:

a) Labor and Material quantities and unit prices based upon the most recent RS Means pricing information.

b) Direct performance time of change.

c) Impact on schedule, if any.

d) Impact costs, if any.

2) Estimates will be checked in detail by the Contracting Officer, with the view of arriving at an equitable adjustment.

3) When the necessity to proceed with a change does not allow sufficient time to properly review a proposal, or because of failure to reach an agreement, the Contracting Officer may direct the contractor to proceed immediately with the work.

4) The cost proposal and breakdown should be submitted as promptly as possible, but no later than 14 calendar days.

5) On proposals involving both additive and deductive quantities, the corresponding factors must be applied to both the additive and deductive work.

6) Time Extension:

When the contractor submits a change proposal without a corresponding Time Impact Analysis, meeting the requirements of the pertinent Specification Section, the Contractor acknowledges that the particular change order, modification, delay or contract request does not require an extension of the contract time (or milestone) and the Contractor shall not thereafter be entitled to request or receive any such extension(s).

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7) Delay and Impact Costs:

Any proposal for delay and impact costs that is not submitted within 60 days after completion of the work identified in the change will not be considered. This requirement is in addition to the scheduling updates required for construction of the project. If there are circumstances which prevent the contractor from ascertaining delay for impact during this time, a status update, including but not limited to a critical path analysis, shall be submitted within this time and at 60 day intervals thereafter, explaining why the contractor cannot yet know the extent of the impact. If this is not done, a claim for delay will not be considered unless special circumstances are shown. This requirement is necessary to enable the government to respond to any claims for delay in the light of conditions then current.

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. GENERAL DESCRIPTION

a. The NIH seeks highly qualified contractors with the capability to perform this contract, which will include various, simultaneous task orders ranging from $5,000.00 up to $900,000 per task order. The selected contractors must exhibit demonstrated experience, capability and resources enabling them to plan and construct projects of comparable size and complexity, with comparable clients, and most significantly, with a demonstrated track record of performing such projects with a high degree of customer satisfaction.

b. The contractor shall be responsible for, and capable of, performing all associated demolition, removal of hazardous material, and construction of projects. The contractor will make every effort to control dust and flying debris, and protect all adjacent areas, as they will be occupied in many instances. Utility shutdowns once scheduled must be strictly adhered to, as continuity of utilities is imperative. Projects may include, but not be limited to, the following:

1) Renovation of clinical and patient care units and all related areas to include general and specialized hospital spaces, including surgical areas.

2) Renovation of laboratory spaces and all associated support areas.

3) Renovation of animal spaces and all associated support areas. These areas will be designed and constructed in strict accordance with the American Association for Accreditation for Laboratory Animal Care (AAALAC) requirements.

4) Renovation of office, administrative, public and all associated support areas.

5) Replacement, repair and relocation of both interior and exterior utility systems.

6) Parking garage repairs and alterations.

c. The Contractor shall provide all labor, supervision, tools, materials, equipment, transportation, and management necessary or incidental to provide planning, construction, repair and alterations for NIH.

d. The spaces adjacent to areas being renovated or expanded will remain occupied by NIH researchers, employees and visitors during the performance of work enabling NIH researchers’ work to go forward. Construction cannot and will not be allowed to materially interfere with ongoing research activities.

ARTICLE C.2. SCOPE OF WORK – PLANNING SERVICES

1) The Contractor will

a. Provide input to the A-E on constructability; review the A/E’s schedules and budgets and submit comments to NIH on their feasibility.

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b. Verify that the completed submission complies with the latest edition of the NIH Design Policy and Guidelines and applicable codes and standards in effect at the time of Notice to Proceed with the task order, and with the scope of work identified for the project. Notify NIH of any conflicts in the planning that cannot be resolved with the A-E.

c. Review submissions, collect comments from all parties, and, transmit all comments to the A-E and Project Officer with a consolidation of all comments.

d. Prior to start of the construction documents, advise the A/E on the availability of labor and materials within the local area.

e. Provide timely advice to the A-E on cost-reducing alternatives which can be employed without impairing the overall quality level of the project.

f. Provide timely advice to the A-E of any defects, conflicts, ambiguities, discrepancies, or lack of clarity in contract documents, including the use of proprietary material

2). Units of Measure. All drawings, specifications and cost estimates will be expressed in Standard

English units unless the building was constructed in metric. The “GSA Metric Design Guide

(PBS-PQ260)

(http://www.gsa.gov/Portal/gsa/ep/contentView.do?contentType=GSA_DOCUMENT&contentId= 15816&noc=T), Latest Edition”, and the "Metric Guide for Federal Construction (1st edition)" (http://store.awci.org/cgi-bin/awci/product?;28); shall be used as guidance on how drawings, specifications, and other elements of metric implementation are to be performed.

3) Applicable Criteria. All documents prepared under this contract shall comply with the latest edition of the NIH Design Policy and Guidelines, available on the Web at http://orf.od.nih.gov/PoliciesAndGuidelines/DesignPolicy

These guidelines establish the minimum level of quality and NIH-specific requirements for all design and construction projects at NIH. The minimum requirements in this document, as modified by project-specific variances, shall be thoroughly coordinated and reflected in the drawings and specifications. The Contractor shall also comply with the latest edition of all applicable national building codes and regulations.

4) Computer-Aided Drafting and Design. Drawings shall be designed using AUTOCAD Release

14 or greater. The drawing submission shall include hard copy (six full size, two half size sets) and computer files on CD (two ea.) or other specified electronic media.

ARTICLE C.3. SCOPE OF WORK – CONSTRUCTION SERVICES

Specifications will be provided to the Contractor and shall be utilized under this contract, unless otherwise directed by the Contracting Officer.

http://www.gsa.gov/Portal/gsa/ep/contentView.do?contentType=GSA_DOCUMENT&contentId=15816&noc=T http://www.gsa.gov/Portal/gsa/ep/contentView.do?contentType=GSA_DOCUMENT&contentId=15816&noc=T http://store.awci.org/cgi-bin/awci/product?;28 http://orf.od.nih.gov/PoliciesAndGuidelines/DesignPolicy

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a. Construction services. Construction services will be provided in response to individual task orders. The work described herein extends beyond the conventional, single project construction concept in that it may involve the planning, scheduling, coordination, procuring, and installation of a fluctuating series of unrelated tasks.

b. Work and Services. The work may vary from routine general construction to installation of complex special test laboratory systems. Tasks will involve a variety of disciplines and trades including, but not limited to, engineering, carpentry, road repair, roofing, excavation, medical gases, HVAC, interior electrical, steam fitting, millwork, plumbing, sheet metal, painting and other finishes, demolition, concrete, masonry, welding, asbestos, and other hazardous material abatement. The Contractor will be responsible for, but not limited to, the following services:

1) Shop drawing and submittal review,

2) Construction inspection and construction support,

3) Project Management,

4) Schedule Development,

5) Construction Evaluation and Assessment of Level and Quality of Work,

6) Coordination (permits, document reviews) with local, state and federal offices,

7) Asbestos, lead-based paint, PCB’s and hazardous waste abatement projects relative to survey, inspection, testing, abatement, disposal and cost estimating;

c. Scope of Work. The construction scope of work will be defined by a written scope of work or plans and specifications. The scope of work or plans and specifications may reference the NIH Specifications (attachment J-16), the Standard Details & References (attachment J-12) and the Update of Construction Details for New TOC Contract (attachment J-15). When referenced, these attachments form part of the task order contract.

c. Record Documents. During the progress of the job, the Contractor shall keep a careful record at the job site of all changes and corrections from the layouts shown on the drawings. The Contractor shall enter such changes and corrections on contract record drawings and shall indicate, in addition to all changes and corrections, the actual location of all sub-surface utility lines. In order that the location of the lines and appurtenances may be determined in the event the surface openings or indicators become covered over or obscured, the record drawings shall show, by offset dimensions to two permanently fixed surface fixtures, the end of each run, and each change in direction. Valve, splice boxes, and similar appurtenances shall be located by dimensioning along the utility run from a reference point. The average depth below the surface of each run shall also be recorded.

At the time of final acceptance of each structure or facility involved under the contract, the

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Contractor shall submit to the Contracting Officer record documents as required in Section 01700 “Task Order Closeout Procedures” of the specifications (J-16).

d. Record of Materials. The Contractor shall furnish a record of materials used in the construction upon completion of each task order. Submission of this data is a condition for final payment. Where several manufacturers’ brands, types, or classes of the item listed have been used in the project, the specific areas where each item was used shall be designated. Designations shall be keyed to the areas and spaces depicted on the record drawings.

e. Contractor’s Management and Supervision. The Contractor shall provide and maintain a professional staff for the management and supervision of all task orders. The Contractor shall obtain any other services deemed necessary for effective execution of task orders.

1) Contractor Supervision. See FAR 52.236-6.

2) Office Trailer/Staging Area.

Trailer and/or staging area will not be provided. Contractors shall work from their own off-site facilities. If determined necessary, a task order- specific trailer may be required and/or a staging area provided.

3) Telephones. The Contractor shall be required to provide an office and telephone manned during normal working hours. The Contractor shall be required to provide a local telephone number where a Contractor representative can be reached by the NIH for ordering work or any other purpose in connection with the work, 24 hours a day, 7 days a week.

4) Facsimile (FAX) Support. The Contractor shall maintain a FAX with a dedicated telephone line and number located at the local office to receive and transmit FAX messages, 24 hours a day, 7 days a week.

5) Communication Network. The Contractor shall provide its own computer system, including modem. NIH will provide connections from the Contractor-provided computer system to the NIH Global Network.

h. Hazardous Materials. Remove, transport and dispose of hazardous wastes, in accordance with Federal, State, local activity laws, rules, and regulations; and as described in this contract, incidental to the construction project or as necessary to proceed with construction project. Refer to specifications as appropriate for specific requirements.

ARTICLE C.4. CONTRACTOR QUALITY CONTROL (CQC) PROGRAM

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a. A general description of the Contractor’s CQC Program shall be available for NIH review during the pre-award survey. Two copies of the complete CQC Program shall be provided to the Contracting Officer for review and approval within 30 days after award of the master contract and as changes are made thereafter. The program shall include:

1) A quality control inspection system covering all contract services. It must specify areas to be inspected on either a scheduled or unscheduled basis and include a definition of how inspections are to be conducted.

2) The name(s) and qualifications of the individual(s) tasked to perform the quality control inspections, and the extent of their authority.

3) A method for identifying deficiencies in the quality of services performed and taking corrective action before the level of performance becomes mandatory.

4) Additional requirements as noted in Section 01400, “Quality Control”, of the NIH Construction Specifications, attachment J-16.

b. A file of all Quality Control Inspections, Inspection results, and any corrective action required, shall be maintained by the Contractors throughout the term of this contract. This file shall be the property of the NIH and shall be made available to the Contracting Officer within one hour of request. The file shall be turned over to the Contracting Officer within five days after completion/termination of the task order and prior to final payment.

ARTICLE C.5. SCOPE OF WORK - DESIGN SERVICES:

a. The Contractor shall provide Architectural and Engineering (A-E) Design and planning services/Program of Requirements (POR) when required. The Contractor is required to provide detailed surveying, site layout work, shop drawings, drawings and sketches, drawings detail expansion, engineering calculations, building commissioning plans, and other related work as required to properly prepare planning and POR’s. The NIH will negotiate the planning fees on a project-by-project basis. The degree of work will vary depending on the complexity of individual projects.

Submission: submissions and reviews will take place at the 35%, 75%, 95% and 100% stages as identified and required by the project officer. NIH will have a period of two weeks to review and provide comments on each planning submission.

The contractor shall:

• Provide input to the A/E on constructability; review the A/E’s schedules and budgets and submit comments to NIH on their feasibility.

• Verify that the completed submission complies with the latest edition of the NIH Design Policy and Guidelines and applicable codes and stands in effect at the time of Notice to Proceed with the task order, and with the scope of work identified for the project. Notify NIH of any conflicts in the planning that cannot be resolved with the A/E.

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• Review submissions, collect comments from all parties and transmit all comments to the A/E and project officer with a consolidated list of all comments.

• Prior to start of the construction documents advise the A/E on the availability of labor and materials within the local area.

• Provide timely advice to the A/E on cost-reducing alternative which can be employed without impairing the overall quality level of the project.

• Provide timely advice to the A/E of any defects, conflicts, ambiguities, discrepancies, or lack of clarity in contract documents including the use of proprietary material.

Units of Measure: All drawings, specifications and cost estimates will be expressed in Standard English units unless the building was constructed in metric.

Applicable Criteria: All documents prepared under this contract shall comply with the latest edition of the NIH Design Policy and Guidelines available on the Web at http://orf.od.nih.gov/policiesandguidelines/designpolicy/

The guidelines establish the minimum level of quality and NIH specific requirements for all design and construction projects at NIH. The minimum requirements in this document, as modified by project-specific variances, shall be thoroughly coordinated and reflected in the drawings and specifications. The contractor shall also comply with the latest edition of all applicable national building codes and regulations.

Computer-Aided Drafting and Design (CADD): Drawings will be designed using AUTOCADD Release 14 or greater. The drawing submission shall include hard copy and computer files on the specified electronic media. Drawings shall be in compliance with the NIH CADD deliverable standards available on the web at:

http://orf.od.nih.gov/policiesandguidelines/cadstandard/

Plans and Specifications. The A-E shall develop project-specific plans and specifications.

Reference should be made to the maximum extent possible to the NIH Specifications (attachment J-2), the Standard Details & References (attachment J-3) and the Update of Construction Details for New TOC Contract (attachment J-4). For those items not covered in the NIH Specifications (see attachment J-2), the A-E will develop the new specification using the latest version of the AIA (American Institutes of Architecture) Masterspecs® as the baseline to develop a project-specific specification. When project-specific specifications are developed, provide a hard copy and electronic file in Word with the project submission. Specification submissions shall include hard copy (six (6) ea. sets) and an electronic copy on compact disk (two(2) ea.) or other specified electronic media.

Project record drawings (hear after called “as-builts) is not considered A/E planning services. “As-builts” shall be provided for every task order at no additional cost to the NIH. All drawings will be provided on disc at close of design.

http://orf.od.nih.gov/policiesandguidelines/designpolicy/ http://orf.od.nih.gov/policiesandguidelines/cadstandard/

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Cost Estimates: provide all labor, material, supervision, coordination, equipment, transportation and any other applicable elements of cost either direct or indirect as required for full and complete execution of providing construction services for renovating and maintaining existing NIH facilities.

The contractor shall supply experienced tradesmen and supervisory personnel in a mix that is appropriate with the level of work required.

The contractor shall be responsible for and capable of performing all associated demolition, removal of hazardous materials and construction of projects related to but not limited to the following area:

a. Renovation of patient care units and all related areas to include general and specific hospital spaces.

b. Renovation of laboratory spaces and all associated support areas, both internal and external labs and facilities.

c. Renovation of animal and all associated support areas. These areas will be designed according to and shall be constructed in strict accordance with the American Association for the Accreditation of Laboratory Animals requirements.

d. Renovation of office and all associated support areas. The contractor shall make every effort to control dust and flying debris, and protect all adjacent areas, as hey will be occupied in many instances.

e. Replacement, repair and relocation of both interior and exterior utility systems. Utility and work shall be in strict compliance with OSHA regulations to avoid accident and injuries.

Utility shutdowns once scheduled must be strictly adhered to as continuity of utilities is imperative.

Note: (1). The spaces to be renovated or maintained shall remain occupied by Government employees during the performance of the work to the maximum practical extent.

Areas of work to include but not limited to the NIH Campus and their satellite locations.

Title: Renovate Various Rooms in Various Buildings at NIH, Bethesda Campus and Other Satellite Locations in the Washington DC Area

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SECTION D – PACKAGING, MARKING AND SHIPPING

ARTICLE D.1. PACKAGING

All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and contractor name. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.

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PART I – THE SCHEDULE

SECTION E – INSPECTION AND ACCEPTANCE

a. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.

b. For the purpose of this SECTION and this IDIQ Contract Cleshette Brooks is the authorized representative of the Contracting Officer. Individual contracting officers’ technical representative (COTR) will be named for each task order issued under this contract.

c. Inspection and acceptance will be performed at:

National Institutes of Health Office of Acquisition/ORF (Individual Job Site to be specified in the Order) 9000 Rockville Pike Bethesda, MD 20892-5711

d. The Government reserves the right to an Inspection period of 10 calendar days, unless a different time period is stated when (the Task Order/elsewhere in the contract). The Contractor shall submit a written request to the Contracting Officer for final inspection. At a minimum, the following personnel will conduct the final inspection:

(1) Contracting Officer: Aaron Crawford

(2) COTR: Will be named with each Task Order

e. This contract incorporates the following clause by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

http://acquisition.gov/far/current/html/FARTOCP52.html#wp340130

FAR Clause 52.246-12, Inspection of Construction (August 1996).

http://acquisition.gov/far/current/html/FARTOCP52.html#wp340130

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PART I – THE SCHEDULE

SECTION F – DELIVERIES OR PERFORMANCE

Article F.1.Performance Period

a. The period of performance of this contract base year shall be from 08/25/2008 through

08/24/2009.

b. If the Government exercises its option(s) pursuant to the OPTION PROVISION Article in Section

H of this contract, the period of performance will be increased as listed below:

Option Option Period

Year One 08/25/2009 thru 08/24/2010

Year Two 08/25/2010 thru 08/24/2011

Year Three 0/25/2011 thru 08/24/2012

Year Four 08/25/2012 thru 08/24/2013

Article F.2. Deliveries

Satisfactory performance of the final contract and each Task Order issued under the contract shall be deemed to occur upon performance of the work described in the SPECIFICATION//STATEMENT OF WORK Article in SECTION C of this contract and or each Task Order upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the work described in each Task Order.

The items specified in each Task Order will be required to be delivered F.o.b. Destination as set forth in FAR 52.247-35, F.o.b. DESTINATION, WITHIN CONSIGNEES PREMISES (APRIL 1984), and in accordance with and by the date(s) specified in each Task Order.

Article F.3. FAR 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work within 10 calendar days after receipt of the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 220 calendar days after the issuance of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

Article F.4. FAR 52.211-12 Liquidated Damages – Construction (Sep 2000)

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(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount SPECIFIED IN EACH TASK ORDER for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

Article F.5. FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://acquisition.gov/far/current/html/wp340130

(End of Clause)

FAR SUPPLEMENTAL CLAUSES/PROVISIONS

FAR 52.242-15 Stop Work Order (August 1989) with Alternate I (April 1984).

FAR 52.211-13 Time Extensions (Sep 2000) FAR 52.242-14 Suspension of Work (Apr 1984) FAR 52.242-17 Government Delay of Work (Apr 1984) FAR 52.247-35 f.o.b. Destination within Consignee Premises (Apr 1984) FAR 52.249-14 Excusable Delays (Apr 1984) http://acquisition.gov/far/current/html/wp340130

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PART I – THE SCHEDULE

SECTION G – CONTRACT ADMINISTRATION DATA

Article G.1. Contracting Officer

The following Contracting Officer shall represent the Government for the purpose of this contract:

Aaron Crawford

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 Statement of Work;

(2) modify or extend the period of performance;

(3) change the delivery schedule;

(4) authorize reimbursement to the Contractor any costs incurred during the performance of this contract;

or

(5) otherwise change any terms and conditions of this contract.

Article G.2. Contracting Officer Technical Representative (COTR)

The Contracting Officer’s Technical Representative (COTR) will technically represent the Government for the purpose of this contract. The COTR will be selected for each task order issued against this IDIQ contract.

The COTR is responsible for:

(1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements;

(2) interpreting the Statement of Work;

(3) performing technical evaluation as required;

(4) performing technical inspections required by this agreement; and

(5) assisting the contractor in the resolution of technical problems encountered during performance.

For guidance from the COTR to be valid, it must:

(1) be consistent with the description of work set forth in this contract;

(2) not constitute new assignment of work or changes to the expressed terms, conditions, or specifications incorporated into this contract;

(3) not constitute a basis for an extension to the period of performance or contract delivery schedule;

and

(4) not constitute a basis for any increase in the ceiling price of this contract.

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Different COTRs may be assigned for each Task Order. The Government may unilaterally change its COTR designation.

Article G.3. METHOD OF ORDERING

The Consignees/Ordering Officials shall sign all orders (including written confirmation of oral/telephonic orders) involving requests for supplies and/or services under this contract. Each delivery shall be accompanied by a packing slip or other evidence of delivery/performance.

The authorized designees are:

All Warranted Contracting Officers assigned to the Office of Acquisition/Office of Research Facilities

The following Contractor representative(s) is/are authorized to receive and accept orders placed by telephone:

Name(s):

Telephone:

Article G.4. MULTIPLE AWARD TASK ORDER PROCEDURES

a. GENERAL

1) Work under this contract shall be ordered by written Request for Proposal letters to the Contractors by the Procuring Contracting Officer/Ordering Officer. The Contracting Officer shall send Request(s) for Proposal to the contractors that are awarded contracts from this solicitation.

2) Each award as a result of this solicitation shall cite the Contract Number, Task Order and Work Order Number.

3) The Government shall not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed Task Orders or the Contracting Officer.

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4) Task Orders shall be firm fixed price and clearly define the specific services to be performed or the performance desired. Each order shall contain applicable clauses and provisions specific to that work.

5) Request for proposals and Task Orders may be issued by mail, facsimile, or electronically.

b. COMPETITION

1) Competition for Task orders is limited to those awardees under this contract. All awardees shall be given a fair opportunity to be considered for each Task Order.

2) Unless the Contracting Officer applies the exception noted below, each Task Order shall be awarded, as a result of competition to the contractor who offers the best value to the Government considering the criteria specified. The Contracting Officer’s decision for award of a Task Order cannot be protested unless the protest is on the grounds that the Task Order increases the scope, period, or maximum value of the contract.

3) Each Contractor shall be given a fair opportunity to be considered for award of a Task

Order; however, the Contracting Officer reserves the right to make award of a Task Order without competition based upon a determination that the Government’s interest are best served by:

(a) awarding a follow-on effort to a previous Task order to the incumbent contractor if it is in the Government’s best interest;

(b) using past performance as sole factor in determining award of a Task Order;

(c) the services are of a unique nature and only one contractor is capable of providing the level of quality to satisfy the Government’s requirements;

(d) placing a task order with a contractor without competition when an unusual and compelling urgency exists that would be harmful to the Government if a task order was not issued promptly;

(e) placing a Task Order with the contractor without competition when it becomes evident that the minimum guarantee must be satisfied;

(f) the Contracting Officer otherwise determines that award to another Contractor is not in keeping with the Government’s best interest.

c. REQUIREMENTS FOR PROPOSALS

1) The Government is not obligated to obtain written technical proposals or hold discussions prior to award of a Task Order. If the Government determines that technical proposals are necessary, proposals may be required in writing and/or through oral presentations. Should proposal(s) contain deficiencies that would preclude awarding the Task Order, discussions may commence with those considered highly

G-4 likely to receive an award. If discussions are necessary, final proposal revision shall be requested.

2) A written cost proposal shall be requested. Cost reasonableness shall always be taken into consideration prior to award of a Task Order.

3) Cost associated with preparation, presentation, and/or negotiations shall not be allowable direct cost against this contract.

4) Technical Proposals, if required, may address one or more of the following factors:

• Planning/Design

• The Contractor’s technical understanding of the work

• The most efficient and effective plan to accomplish the work

• Rationale for proposed materials, types and quantities

• Qualifications of subcontractors and designers

• Project Management Team

d. SELECTION CRITERIA

One or more of the following criteria will be considered when contractors compete for award of a Task Order.

1) Past Performance.

Past Performance shall always be a consideration in selection of a contractor prior to each Task Order. Past Performance of subcontractors may also be considered.

2) Quality of Deliverables

3) Ability to Meet Schedule Requirements

4) Relevant Experience

The expertise of proposed subcontractors and designers may be considered.

5) Cost Control and/or Cost and Price

a. Proposals shall require the contractor to certify that the corporate G&A and profit rates for that order do not exceed the maximum rates in the contract. The cost proposal shall contain sufficient information to allow the Government to perform a basic analysis of the proposed cost or price of the work. This information shall include the amounts of the basic elements of the proposed cost or price. These

G-5 elements shall include, as applicable, direct labor, fringe benefits, travel, material, subcontracts, purchase parts, shipping, indirect costs and rate, fee, and profit.

d. Information other than Cost or Pricing Data. (1) Information submitted shall consist of data to permit the Contracting Officer and authorized representatives to determine price reasonableness or cost realism, e.g., information to support an analysis of material cost (when sufficient information on labor and overhead rates is already available), or information on prices and quantities at which the offeror has previously sold the same or similar items.

(2) Any information submitted must support the price proposed. Include sufficient detail or cross references to clearly establish the relationship of the information provided to the price proposed. Support any information provided by explanation or supporting rationale as needed to permit the Contracting Officer and authorized representatives to evaluate the documentation.

e. TASK ORDER AWARD

Task Order Award shall be made to the contractor who offers the “best value” to the Government considering the price and non-price factors described in the RFP.

Article G.5. Consideration and Payment

Payment to the Contractor shall be in accordance with the clause of this contract entitled “Payments under Fixed Price Construction Contracts,” FAR 52.232-5 incorporated by reference under section I.

The Contractor shall submit, not later than ten (10) calendar days prior to his first partial payment request, his schedule of estimated values of the various components of the work. The schedule shall be prepared in the same format as the project specification divisions and their component sub-sections. The schedule shall provide sufficient detail to permit monthly determination and evaluation of the work in place. The cost of overhead items, except bonds, shall be prorated evenly throughout the contract performance period. The total value of the schedule of the estimates shall total the amount of contract.

The Contractor shall provide the contract number and the Tax ID number with each Invoice, and shall only submit invoices for work already accomplished this contract.

Unless a different time period is stated elsewhere in this contract, inspection/acceptance required by this contract shall be completed by the Government no later than thirty (30) Government working days after the goods are delivered or service is rendered.

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On June 4, 2007 the NIH converted to the NIH Business System (NBS). The NBS requires that contractors adhere to new Invoice submission requirement for contracts, contract modification and or order issued under a contract after June 4, 2007. The following are the new requirements:

a. Invoice Number: Each payment request must be identified by a unique invoice number, which can only be used one time regardless of the number of contracts or orders held by an organization (or business unit identified by a separate DUNS or DUNS+4 number). For example, if a contractor has already submitted an invoice number 05 on one of its contracts, or orders, it cannot use that same invoice number on any other contract or order. Payment requests with duplicate invoice numbers will be considered improper and will be returned to the contractor.

The NIH does not prescribe a particular numbering format but suggests using a job or account number for each contract and order followed by a sequential invoice number (example: 8675309- 05). The only parameters for the invoice number are that it must be limited to 30 characters.

There are no restrictions on the use of special characters, such as colons, dashes, forward slashes, or parenthesis.

If all or part of an invoice is suspended and the contractor chooses to reclaim those costs on a supplemental invoice, the contractor may use the same unique invoice number followed by an alpha character, such as “R” for revised (example: 8675309-05R).

b. Vendor Identification Number (VIN): Inclusion of the VIN number on the invoice is not required if the invoice identifies the contractor’s DUNS or DUNS+4 number.

c. Contractor’s Name, Address, and Points of Contact: The contractor’s name, address, and points of contact must be legible on the invoice. In the past we it has been reported that in some instances the required information has been added by using a label that ends up covering other portions of the invoice. All information must be visible.

d. Central Point of Distribution: The e-mail address for the Central Point of Distribution is unique to each contract. These e-mail addresses are required and are identified in the Invoice Submission Article in Section G of the contract. The e-mail addresses may vary among and within the Office of Acquisition at the NIH, and are used to route the invoices to the proper office for processing.

e. Description of Supplies/Services: When submitting invoices under contracts with quantity based, line item pricing, the item description, unit of measure, and unit price must match those specified in the contract. For example, if the contract specifies 1 box of hypodermic needles (100/box) with a unit price of $50.00, then the invoice must state 1 box, hypodermic needles (100/box), $50.00, not 100 syringes at $0.50 each. Invoices that do not match the line item pricing in the contract will be considered improper and will be returned to the contractor.

f. Freight or Delivery Charges: All freight and delivery charges must be identified as a separate line item on the invoice.

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g. Invoice Coordination: It is recommended that the contractor coordinate the amount he/she intents to bill for that period with the Project Officer. It is further recommended that the Project Officer sign the invoice indicating that he/she concurs with the amount the contactor intends to bill for that period. The contractor should send the invoice containing the Project Officer’s signature to both address identified in Article G.4 of this contract. Doing so will help to alleviate the Project Officer from having to further concur with the invoiced amount.

Article G.6. Invoice Submission

a) The Contractor shall follow the invoice submission procedures specified below to meet the requirements of a "proper invoice” pursuant to FAR Subpart 32.9, Prompt Payment

1) Payment requests shall be submitted as follows:

a. One Original without documentation to the following designated billing office:

Office of Financial Management 2115 East Jefferson St, Rm. 4B432, MSC 8500 Bethesda, Maryland 20892-8500

Telephone: (301) 496-6088

Rockville, MD 20852 shall be used in lieu of Bethesda, MD 20892 for FedEx, UPS and other courier services.

b. One copy with documentation (i.e. Schedule of Value) to the following approving official:

Office of Acquisition, ORF Attn: Aaron Crawford (or designated Contracting Officer) Bldg 13, Room G-800, MSC 5711 9000 Rockville Pike Bethesda, Maryland 20892-5711

2) In addition to the requirements specified in FAR Subpart 32.9 for a proper invoice, the Contractor shall include the following information on all payment requests:

(a) Name of the Office of Acquisitions. The Office of Acquisitions for this contract is Office of Acquisition, ORF

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(b) Central Point of Distribution. For the purpose of this contract, the Central Point of

Distribution is ORFOAInvoices@mail.nih.gov

(c) Name of the Designated Contracting Officer. Provide the name of the Contracting

Officer who issued the Task Order.

(d) Vendor Identification Number. This is the 7 digit number that appears after the Contractor’s name in Block 7 of Standard Form 26. (Note: This only applies to new contracts awarded on/after June 4, 2007, and any existing contract modified to include the number.)

(e) DUNS number or DUNS+4 that identifies the Contractor’s name and address exactly as stated…