SOLICITATION NIH0F2008056 -- PHASE ONE.pdf

Solicitation Number: NIHOF2008056 Title: Design Build, Electrical Vault Upgrade at Various Buildings, NIH, Bethesda, Maryland

TABLE OF CONTENTS

SECT ION DESCRIPTION PAGE NO.

Table of Contents 3

NOTICE TO OFFERORS 4

PART I – THE SCHEDULE

A SOLICITATION/CONTRACT FORM 1-2

B SUPPLIES OR SERVICES AND PRICES/COSTS 5

C DESCRIPTION/SPECS/WORK STATEMENT 6-9

D PACKAGING AND MARKING 10

E INSPECTION AND ACCEPTANCE 11

F DELIVERIES OR PERFORMANCE 12

G CONTRACT ADMINISTRATION DATA 13

H SPECIAL CONTRACT REQUIREMENTS 14

PART II – CONTRACT CLAUSES

I CONTRACT CLAUSES 15-30

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J LIST OF ATTACHMENTS 31

PART IV – REPRESENTATIONS AND INSTRUCTIONS

K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

L INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFEROR 33-43

M EVALUATION FACTORS FOR AWARD 44-50

NOTICE TO OFFERORS

This solicitation is set-aside for Service Disabled Veteran Owned Small Business (SDVOSB).

This procurement is being solicited using the Two Phase Design Build solicitation procedures authorized by FAR

36.3. During Phase One of this process, potential contractors are required to submit their qualification narrative in response to the Phase One evaluation factors for review and consideration by the Government. Following the review, evaluation, and rating of Phase One proposals, the Government intends to select a maximum of three of the highest rated contractors to participate in Phase Two request for proposals.

After selecting the offerors to advance to Phase Two of the solicitation process, the solicitation will be amended to issue Phase Two RFP. Phase Two Request for Proposals will be conducted in accordance with FAR 15. The solicitation amendment for Phase Two RFP will include Phase Two selection factors and the Sample Project.

Phase Two offerors will be required to submit technical and price proposals for the Sample Project. The Phase Two RFP will result in one award of the Design Build Indefinite Delivery Indefinite Quantity (IDIQ) Electrical Vault Upgrade Task Order Contract for a base one year and four option years with a maximum contract value of $49,500,000.00.

The Government reserves the right to reject any or all proposals at any time prior to award; to negotiate with any or all offerors; to award the contract to other than the offeror submitting the lowest total price; or to award to other than the offeror submitting the highest technically rated or the lowest total price proposal; and to award to the offeror submitting the proposal determined by the Government to be the most advantageous (Best Value) to the Government.

OFFERORS ARE ADVISED THAT SELECTION TO PHASE-TWO AND AWARD IN PHASE-TWO

MAY BE MADE WITHOUT DISCUSSION OR ANY CONTACT CONCERING THE PROPOSALS

RECEIVED. Therefore, Offerors should not assume that they will be contacted or afforded an opportunity to qualify, discuss, or revise their proposals. However, the Government reserves the right to clarify certain aspects of proposals or conduct discussions providing an opportunity for the offeror to revise its proposal.

SECTION B – SUPPLIES OR SERVICES AND PRICES / COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

This is a Design Build, Single Award, Construction Task Order contract for the replacement/upgrade of electrical vaults in buildings at the National Institutes of Health, Bethesda, Maryland campus. The contract term is for a base award year of 12 months with four option years of 12 months each.

ARTICLE B.2. PRICES/COSTS

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

ARTICLE B.3. OPTION PRICES

a. The Contractor shall be reimbursed by the Government in an amount not less than a total of $5,000 (minimum) or more than a total of $49,500,000 (maximum) aggregate value including all option periods for successful performance of this contract.

NOTE: Line item estimated minimum and maximum value for Base Year and Option Years 1 through 4 will be included with the amendment to the solicitation for Phase Two Request for Proposals.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Statement of Work

Electrical Vault Upgrade – Multiple Buildings NIH, Bethesda Campus

Buildings Electrical Vault Upgrade

NIH, Bethesda Campus

Article C.1 SCOPE

1) Background:

Presently, the existing power distribution system is 13KV Medium Voltage with transformers, network transformers, and switchgear. New buildings and loads are being added to the existing building electrical distribution systems either by renovation projects or by tenant operational requirements. These types of load increases have had direct impact on the reliability and the efficiency of the entire building electrical system. The intent of this project is to replace and upgrade existing building electrical vaults, including but not limited to, medium voltage transformers, network protectors, switchgear, feeder breakers, and any other associated components necessary.

2) General Description of Work on Contract

This is an indefinite-delivery, indefinite-quantity (IDIQ), fixed price contract for design-build construction services to upgrade and replace electrical vaults in various buildings throughout the National Institutes of Health (NIH), Bethesda, Maryland.

Design-build construction projects will be awarded by individual task orders.

All work shall be in conformance with the requirements of the contract including, but not limited to, furnishing all necessary professional design, labor, management, qualified staff, supervision, materials, tools, equipment, transportation, items, and incidentals necessary for the successful completion of task orders issued under this contract.

The design and construction shall provide the most up-to-date system approaches and energy efficient systems.

3) Objectives:

The intent of this contract is to replace and upgrade building electrical work and vaults including but not limited to, transformer, network protector, switchgear, feeder breakers and any other electrical components necessary.

• Analyze existing and future loads of the building.

• Complete new design package, including any required renovation, addition of existing building and structure work and design of new electrical system. The design package shall include complete drawings “Issued for Construction,” specification and calculation.

• Complete construction of each building electrical vault including but not limited to, installation of new transformers, network protectors, switchgear, feeder breakers, and other miscellaneous components.

• Perform construction, installation, testing, commissioning, and start-up. Perform complete commissioning services including testing of all system working together in an integrated method.

Article C.2 REQUIREMENT

The Design/Build Contractor is responsible to design and construct three spot network systems in various electrical vaults located in multiple buildings. The Contractor is responsible to carry out all necessary steps to fulfill the requirements of this contract.

1) Design Work:

The design work shall include programming, analysis, calculations, and preparation of construction documents. In programming, reliability, flexibility and energy savings measures shall be evaluated in conjunction with NIH design policy guidelines outlining the design requirements. In analysis and calculations, life cycle cost and O&M requirements shall be evaluated.

The Contractor shall provide design management overseen the design services for utmost efficiency. The design management shall ensure the final design package comply with all local and federal mandates. Perform QA/QC for design accuracy, project schedule, and cost. The design approach shall consider avoiding power interruption to the building during construction period.

If a momentary outage is required for connection or switching the government will operate switching / perform, switching of devices affected under the task. The Contractor Personnel shall perform their duties and assignment as schedule promptly, efficiently and safely.

Major electrical components in building electrical vault system upgrade shall include but not limited to:

• Network Transformer

• Network Protector

• Switchgear

• Feeder Breakers

2) Construction Work

The Contractor shall provide all necessary tools, material, and labor for furnishing and complete installation, testing, commissioning, and operation of the electrical work system for each identified facility and task. The Contractor shall perform construction services in a manner to avoid power interruption to the building occupant. In a case of switching or momentary outages, government will perform all switching. The Contractor shall provide training sessions for each building vault system, independently. The Contractor shall also develop and provide a complete operating and maintenance manual, including training material, complete data, and conformed settings.

Article C.3 Contractor Management/Key Personnel:

The Contractor shall employ the services of personnel submitted with the Statement of Qualifications and agreed upon during negotiations to manage all activities and other related tasks required by the SOW, to lead the on-site technical team and to serve as a single point of contact for the performance of this contract.

Personnel shall administer all activities by coordinating work done by the Contractor’s personnel, or subcontractor. The Contractor’s key personnel shall have minimum of ten (10) years of experience in the related type of fields and at minimum shall be trained in the field of electrical distribution ranging from 15KV through 480/277V and 208/120V systems.

No substitution will be made without the advance written approval of the Contracting Officer. Before approval, the contractor must submit, in writing, the proposed replacement's experience, and qualifications record.

Article C.4 Meetings:

The Contractor shall attend kick-off and progress meetings, prepare minutes of meetings, document decisions and actions assigned, and distribute minutes. At the kick-off meeting, all points of contacts will be identified and rules of engagements will be reviewed for enforcement. On-Board review meetings will be after each submission to discuss review comments.

Article C.5 Quality Control

The Contractor shall provide a complete QA/QC plan for design and construction works to meet the intent of this contract as outlined in each task. The plan shall include internal design review as well as construction inspection.

Article C .6 Requests for Information (RFIs):

1) All requests for information (RFI's) and questions shall be submitted by the Construction team to the design team for resolution with a copy to government for information purposes. The design team interpretation shall be documented in writing or in the form of drawings on a supplemental instruction form (similar to AIA G 710) A/E supplemental instructions shall be uniquely and sequentially numbered. Design team responses to RFI’s shall be provided in a timely manner to avoid interruptions to the flow of work and minimize schedule delays.

2) The design team shall use an information tracking system to ensure that all RFIs and other construction issues are monitored for timely response, and brought to closure.

Article C.7 Place of Performance:

Multiple buildings in the National Institutes of Health campus, Bethesda, Maryland

Article C.8 Deliverables:

General Submission Requirements

Prior to start of design, the Contractor shall develop “Method of Procedure” (MOP) for submission to Contracting Officer Technical Representative (COTR) for review and approval. MOP shall outline tasks systematically with time line to fulfill the requirements of contract. Within 14 calendar days after kick-off meeting, the Contractor shall submit to the COTR the MOP along with specific building schedule for review and approval. The MOP shall include schedule reflecting all activities and milestones. The schedule as accepted by the COTR will become the baseline schedule. The Government will use the baseline schedule as one of the tools to monitor progress.

Upon design completion of each building electrical vault system, the Contractor shall prepare a complete construction document package, drawings, specifications, and calculations for construction. For each building, a separate construction package will be developed, and upon completion of construction, complete As-Built drawings will be submitted to the government for review and approval. For each submittal, there shall be two weeks for Government review and comments period. Contractor is responsible to incorporate any changes or identified review comments into the final report. There shall be total of six (8) copies for each submittal.

Government will provide NIH standard title block for the drawings. All drawings shall be provided in a format suitable for entry into the Government’s Computerized Maintenance Management System.

Article C.9 Design documents

1) Provide the following deliverables in accordance with the project schedule and the NIH Design and Policy Guidelines, Requirements/Standards Submission Checklist with each submission:

• One original set on file at printers for reproduction.

• Six bound sets for distribution.

• Electronic files for all documents. All mechanical, electrical, structural, plumbing, and fire protection calculations shall be provided and delivered in the data format defined by the software used for the calculations. Catalog cut sheets shall be provided in PDF format. Drawing Format: All architectural work in Revit-Architecture, Mechanical work in Revit-MEP, and Structural Work in Revit-Structure. Drawing files shall be submitted in Revit format. All Electronic deliverables shall be compiled on individual CDs or DVDs per item or division of work in a; three hole binder with CD holders.

2) Electronic Deliverables: Provide electronic deliverables in the following formats for each submission, using the latest version of software:

• Spreadsheets: Microsoft Excel

• Reports and Presentations: Microsoft Word, Microsoft PowerPoint, Adobe PDF, DWF, HAP

• Drawings: Provide AE set in Latest version of Revit Architecture, Revit MEP, and Revit Structure.

Additionally provide PDF and DWF files of all plans, and DWF file of the building Model.

Article C.9 As-Built Documents

Any changes during construction shall be made on the contract drawings and changes made in Revit files. Changes shall be published from updated Revit files. Before completion of construction, the Construction Contractor shall provide the Design Team with as built maintained in the field. The design team shall correct the contract drawings and update the Revit files to reflect changes indicated on Contractor marked-up prints. Marked-up construction prints and corrected drawings plus two CDs or DVDs of the As Built formatted as Autodesk Revit files of Record As-Built shall be forwarded to the Project Officer.

Contractor shall also upload the record as-built drawings into the government Electronic Management Software, including entering all the required data fields.

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

SECTION D – PACKAGING, MARKING AND SHIPPING

SECTION WILL BE ADDED UPON AMENDMENT WITH ISSUANCE OF PHASE TWO REQUEST

FOR PROPOSALS

SECTION E – INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

Title: Design Build, Electrical Vault Upgrade at Various Buildings, NIH, Bethesda, Maryland

SECTION G – CONTRACT ADMINISTRATION DATA

SECTION WILL BE ADDED UPON AMENDMENT WITH ISSUANCE OF PHASE

TWO REQUEST FOR PROPOSALS

SECTION H – SPECIAL CONTRACT REQUIREMENTS

SECTION WILL BE ADDED UPON AMENDMENT WITH ISSUANCE OF PHASE 2

REQUEST FOR PROPOSALS

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

ARTICLE I.1. GENERAL CLAUSES FOR A NEGOTIATED FIXED PRICE

CONSTRUCTION CONTRACT {tc "ARTICLE I.1. GENERAL

CLAUSES FOR A NEGOTIATED FIXED PRICE

CONSTRUCTION CONTRACT " \l 3}- FAR 52.252-2, CLAUSES

INCORPORATED BY REFERENCE (FEBRUARY 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 address: http://www.acquisition.gov/comp/far/index.html.

a. FEDERAL ACQUISITION REGULATION (FAR) (48 CHAPTER 1) CLAUSES

FAR

CLAUSE

NO.

DATE

TITLE

52.202-1 Jul 2004 Definitions (Over $100,000) 52.203-3 Apr 1984 Gratuities (Over $100,000) 52.203-5 Apr 1984 Covenant Against Contingent Fees (Over $100,000) 52.203-6 Sep 2006 Restrictions on Subcontractor Sales to the Government (Over

$100,000) 52.203-7 Jul 1995 Anti-Kickback Procedures (Over $100,000) 52.203-8 Jan 1997 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity (Over $100,000) 52.203-10 Jan 1997 Price or Fee Adjustment for Illegal or Improper Activity (Over

$100,000) 52.203-12 Sep 2005 Limitation on Payments to Influence Certain Federal Transactions

(Over $100,000) 52.204-4 Aug 2000 Printed or Copied Double-Sided on Recycled Paper (Over $100,000) 52.204-7 Jul 2006 Central Contractor Registration 52.209-6 Sep 2006 Protecting the Government's Interests When Subcontracting With

Contractors Debarred, Suspended, or Proposed for Debarment (Over $30,000)

52.204-10 Sep 2007 Reporting Subcontract Awards ($500,000,000 or more) 52.215-2 Jun 1999 Audit and Records - Negotiation (Over $100,000) 52.215-8 Oct 1997 Order of Precedence - Uniform Contract Format 52.215-10 Oct 1997 Price Reduction for Defective Cost or Pricing Data (Over $650,000) 52.215-12 Oct 1997 Subcontractor Cost or Pricing Data (Over $650,000) 52.215-15 Oct 2004 Pension Adjustments and Asset Reversions http://www.acquisition.gov/comp/far/index.html

52.215-18 Jul 2005 Reversion or Adjustment of Plans for Post-Retirement Benefits (PRB) other than Pensions

52.215-19 Oct 1997 Notification of Ownership Changes 52.215-21 Oct 1997 Requirements for Cost or Pricing Data or Information Other Than

Cost or Pricing Data - Modifications 52.216-7 Dec 2002 Allowable Cost and Payment, Alternate I (Feb 1997) 52.219-8 May 2004 Utilization of Small Business Concerns (Over $100,000) 52.219-9 Nov 2007 Small Business Subcontracting Plan (Over $550,000, $1,000,000 for

Construction) 52.219-16 Jan 1999 Liquidated Damages - Subcontracting Plan (Over $550,000, $1,000,000 for Construction) 52.222-3 Jun 2003 Convict Labor 52.222-4 Jul 2005 Contract Work Hours and Safety Standards Act - Overtime

Compensation (Over $100,000) 52.222-6 Jul 2005 Davis-Bacon Act 52.222-7 Feb 1988 Withholding of Funds 52.222-8 Feb 1988 Payrolls and Basic Records 52.222-9 Jul 2005 Apprentices and Trainees 52.222-10 Feb 1988 Compliance with Copeland Act Requirements 52.222-11 Jul 2005 Subcontracts (Labor Standards) 52.222-12 Feb 1988 Contract Termination - Debarment 52.222-13 Feb 1988 Compliance with Davis-Bacon and Related Act Regulations 52.222-14 Feb 1988 Disputes Concerning Labor Standards 52.222-15 Feb 1988 Certification of Eligibility 52.222-21 Feb 1999 Prohibition of Segregated Facilities 52.222-26 Mar 2007 Equal Opportunity 52.222-35 Sep 2006 Equal Opportunity for Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans (Over $100,000) 52.222-36 Jun 1998 Affirmative Action for Workers with Disabilities 52.222-37 Sep 2006 Employment Reports on Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans (Over $100,000) 52.222-50 Aug 2007 Combating Trafficking in Persons 52.223-5 Aug 2003 Pollution Prevention and Right-to-Know Information 52.223-6 May 2001 Drug-Free Workplace 52.223-14 Aug 2003 Toxic Chemical Release Reporting (Over $100,000) 52.225-13 Feb 2006 Restrictions on Certain Foreign Purchases 52.227-1 Dec 2007 Authorization and Consent

52.227-2 Dec 2007 Notice and assistance Regarding Patent and Copyright Infringement (Over $100,000)

52.227-4 Dec 2007 Patent Indemnity - Construction Contracts 52.228-1 Sep 1996 Bid Guarantee - The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000 whichever is less.

52.228-2 Oct 1997 Additional Bond Security

52.228-5 Jan 1997 Insurance - Work on a Government Installation (Over $100,000) 52.228-11 Feb 1992 Pledge of Assets 52.228-14 Dec 1999 Irrevocable Letter of Credit 52.228-15 Nov 2006 Performance and Payment Bonds - Construction (Over $100,000) 52.229-3 Apr 2003 Federal, State and Local Taxes (Over $100,000) 52.232-5 Sep 2002 Payments Under Fixed-Price Construction Contracts 52.232-17 Jun 1996 Interest (Over $100,000) 52.232-23 Jan 1986 Assignment of Claims 52.232-27 Sep 2005 Prompt Payment for Construction Contracts 52.232-33 Oct 2003 Payment by Electronic Funds Transfer--Central Contractor

Registration 52.233-1 Jul 2002 Disputes 52.233-3 Aug 1996 Protest After Award 52.233-4 Oct 2004 Applicable Law for Breach of Contract Claim 52.236-1 Apr 1984 Performance of Work by the Contractor (Over $1,000,000) The contractor shall perform on the site, and with its own organization, work equivalent to at least ___% of the total amount of work to be performed under the contract.

52.236-2 Apr 1984 Differing Site Conditions (Over $100,000) 52.236-3 Apr 1984 Site Investigations and Conditions Affecting the Work (Over

$100,000) 52.236-5 Apr 1984 Material and Workmanship 52.236-6 Apr 1984 Superintendence by the Contractor (Over $100,000) 52.236-7 Nov 1991 Permits and Responsibilities 52.236-8 Apr 1984 Other Contracts (Over $100,000) 52.236-9 Apr 1984 Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements (Over $100,000) 52.236-10 Apr 1984 Operations and Storage Areas (Over $100,000) 52.236-11 Apr 1984 Use and Possession Prior to Completion (Over $100,000) 52.236-12 Apr 1984 Cleaning Up (Over $100,000) 52.236-13 Nov 1991 Accident Prevention (Over $100,000) 52.236-14 Apr 1984 Availability and Use of Utility Services 52.236-15 Apr 1984 Schedules for Construction Contracts (Over $100,000) 52.236-17 Apr 1984 Layout of Work 52.236-21 Feb 1997 Specifications and Drawings for Construction (Over $100,000) 52.236-21 Apr 1984 Specifications and Drawings for Construction (Over $100,000)

Alternate I 52.236-23 Apr 1984 Responsibility of the Architect-Engineer Contractor June 2003 Requirements for Registration of Designers 52.236-26 Feb 1995 Preconstruction Conference 52.242-13 Jul 1995 Bankruptcy (Over $100,000) 52.242-14 Apr 1984 Suspension of Work 52.243-4 Jun 2007 Changes (Over $100,000) 52.243-5 Apr 1984 Changes and Changed Conditions ($100,000 or less)

52.244-2 Aug 1998 Subcontracts 52.244-6 Mar 2007 Subcontracts for Commercial Items 52.245-2 May 2004 Government Property (Fixed-Price Contracts) 52.246-12 Aug 1996 Inspection of Construction (Over $100,000) 52.248-3 Sep 2006 Value Engineering - Construction (Over $100,000) 52.249-2 May 2004 Termination for Convenience of the Government (Fixed-Price), Alternate I (Sep 1996) 52.249-10 Apr 1984 Default (Fixed-Price Construction) 52.253-1 Jan 1991 Computer Generated Forms

b. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION

REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES

HHSAR

CLAUSE

NO.

DATE

TITLE

352.202-1 Jan 2006 Definitions 352.232-9 Jan 2006 Withholding of Contract Payments 352.270-4 Jan 2001 Pricing of Adjustments 352.270-5 Jan 2006 Key Personnel 352.270-6 Jan 2006 Publications and Publicity 352.270-10 Jan 2006 Anti-Lobbying

[ End of GENERAL CLAUSES FOR A NEGOTIATED FIXED PRICE CONSTRUCTION CONTRACT - Rev. 03/2007].

ARTICLE I.2. AUTHORIZED SUBSTITUTIONS OF CLAUSES

Any authorized substitutions and/or modifications other than the General Clauses which will be based on the type of contract/Contractor will be determined during negotiations.

It is expected that the following substitution(s) will be made part of the resultant contract:

(1) FAR Clause 52.219-9, Small Business Subcontracting Plan (November 2007), and

52.219-16, Liquidated Damages – Subcontracting Plan (January 1999) are deleted in their entirety,” as this is a Service Disabled Veterans Owned Small Business Set-aside.

(2) Alternate I (November 1991) of FAR Clause 52.236-13, Accident Prevention (Over $100,000) (November 1991), is added.

ARTICLE I.3. ADDITIONAL CONTRACT CLAUSES

Additional clauses other than those listed below which are based on the type of contract/Contractor shall be determined during negotiations. Any contract awarded from this solicitation will contain the following:

This contract incorporates the following clauses by reference, (unless otherwise noted), 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.

a. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1)

CLAUSES

(1) FAR Clause 52.204-9, Personal Identity Verification of Contractor

Personnel (September 2007).

(2) FAR Clause 52.211-12, Liquidated Damages - Construction (September 2000).

"(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 of (to be specified in individual task order) for each calendar day of delay until the work is completed or accepted."

(3) FAR Clause 52.211-13, Time Extensions (September 2000).

(4) FAR Clause 52.216-18, Ordering (October 1995).

"(a) ....Such orders may be issued from ___date ______ through

___date________..."

(5) FAR Clause 52.216-22, Indefinite Quantity (October 1995).

"(d) ...the Contractor shall not be required to make any deliveries under this contract after (insert date).."

(6) FAR Clause 52.217-9, Option to Extend the Term of the Contract (March

2000).

"(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension."

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 MONTHS."

(7) FAR Clause 52.219-14, Limitations on Subcontracting (December 1996).

(8) FAR Clause 52.219-27, Notice of Total Service-Disabled Veteran-Owned

Small Business Set-Aside (May 2004).

(9) FAR Clause 52.222-4, Contract Work Hours and Safety Standards Act - Overtime Compensation - General (July 2005).

(10) FAR Clause 52.222-5, Davis-Bacon Act--Secondary Site of the Work (July

2005).

(11) FAR Clause 52.223-5, Pollution Prevention and Right-to-Know Information

(August 2003) with Alternate II (August 2003).

(12) FAR Clause 52.227-14, Rights in Data - General (June 1987).

(13) FAR Clause 52.228-1, Bid Guarantee (September 1996).

"The amount of the bid guarantee shall be 10% of the bid price or $10,000.00 whichever is less."

(14) FAR Clause 52.228-2, Additional Bond Security (October 1997).

(15) FAR Clause 52.228-5, Insurance - Work on a Government Installation

(January 1997).

(16) FAR Clause 52.228-11, Pledges of Assets (February 1992).

(17) FAR Clause 52.228-12, Prospective Subcontractor Requests for Bonds

(October 1995).

(18) FAR Clause 52.228-14, Irrevocable Letter of Credit (December 1999).

(19) FAR Clause 52.232-18, Availability of Funds (April 1984).

(20) FAR Clause 52.232-19, Availability of Funds for the Next Fiscal Year (April

1984).

"Funds are not presently available for performance under this contract beyond

9/30/2007 ."

"...No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 9/30/2007..."

(21) FAR Clause 52.246-21, Warranty of Construction (March 1994).

b. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION

REGULATION (HHSAR) (48 CHAPTER 3) CLAUSES:

(1) HHSAR Clause 352.223-70, Safety and Health (January 2006).

(2) HHSAR Clause 352.270-13, Tobacco-Free Facilities (January 2006).

ARTICLE I.4. ADDITIONAL FAR CONTRACT CLAUSES INCLUDED IN

FULL TEXT

Additional clauses other than those listed below which are based on the type of contract/Contractor shall be determined during negotiations. Any contract awarded from this solicitation will contain the following:

This contract incorporates the following clauses in full text.

FEDERAL ACQUISITION REGULATION (FAR)(48 CFR CHAPTER 1) CLAUSES:

a. FAR Clause 52.216-19, Order Limitations (October 1995)

(a) Minimum Order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum Order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of $5,000,000.00.

(2) Any order for a combination of items in excess of $5,000,000.00; or

(3) A series of orders from the same ordering office within10 days that together call for quantities exceeding the limitation in subparagraph (1) or

(2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

b. FAR Clause 52.222-39, Notification Of Employee Rights Concerning Payment Of

Union Dues Or Fees (December 2004)

(a) Definition. As used in this clause--

United States means the 50 States, the District of Columbia, Puerto Rico, the

Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees.

However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to--

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

http://www.nlrb.gov/

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that--

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall--

(1) Obtain the required employee notice poster from the Division of

Interpretations and Standards, Office of Labor-Management Standards, U.S.

Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management

Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold.

Pursuant to 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in http://www.olms.dol.gov/ litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

c. FAR Clause 52.223-9, Estimate Of Percentage Of Recovered Material Content

For EPA Designated Products (August 2000)

(a) Definitions. As used in this clause--

Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material.''

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall--

(1) Estimate the percentage of the total recovered material used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to [Contracting Officer complete in accordance with agency procedures] .

d. Alternate I (August 2000), FAR Clause 52.223-9, Estimate Of Percentage Of

Recovered Material Content For EPA-Designated Products (August 2000).

As prescribed in 23.406(b), redesignate paragraph (b) of the basic clause as paragraph (c) and add the following paragraph (b) to the basic clause:

(b) The Contractor shall execute the following certification required by the

Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(i)(2)(C)):

Certification

I, ____________ (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated products met the applicable contract specifications.

(Signature of the Officer or Employee)

(Typed Name of the Officer or Employee)

(Title)

(Name of Company, Firm, or Organization)

(Date)

(End of certification)

e. FAR Clause 52.225-11, Buy American Act--Construction Materials Under Trade

Agreements (August 2007)

(a) Definitions. As used in this clause—

“Caribbean Basin country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Designated country” means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, or United Kingdom);

(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Dominican Republic, El

Salvador, Guatemala, Honduras, Mexico, Morocco, Nicaragua, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Cape Verde, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British

Virgin Islands, Costa Rica, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Netherlands Antilles, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, or Trinidad and Tobago).

“Designated country construction material” means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which non-availability determinations have been made are treated as domestic.

“Foreign construction material” means a construction material other than a domestic construction material.

“Free Trade Agreement country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

“Least developed country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

“United States” means the 50 States, the District of Columbia, and outlying areas.

“WTO GPA country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American Act restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate “none”]

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that— http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(c) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Description Unit of Measure

Quantity Price (Dollars)*

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______ [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

(End of clause)

SECTION J LIST OF ATTACHMENTS

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

1. Past Performance Questionnaire

SECTION K

SECTION K - REPRESENTATIONS AND CERTIFICATIONS

The…