toc.pdf

- 1 -

SECTION A - SOLICITATION/CONTRACT FORM

SOLICITATION

SECTION A - SOLICITATION/CONTRACT FORM

1. Purchase Authority: Public Law 92-218 as amended

2. Request for Proposal (RFP) Number:

NIHOF2009072

3. Issue Date:

4. Set Aside:

[ ] No

[X] Yes Part IV Section L

5. Title : Renovate Various Rooms at NIH, Bethesda Campus and Satellite Locations

6. ISSUED BY:

Office of Acquisitions Office of Research Facilities National Institutes of Health Bldg 13, Room 2348S, MSC 5711 9000 Rockville Pike Bethesda, Maryland 20892-5711

7. SUBMIT OFFERS TO:

See Part III, Section J, "Packaging and Delivery of the Proposal," ATTACHMENT 1 of this Solicitation.

8. Proposals for furnishing the supplies and/or services in THE SCHEDULE will be received at the place specified in, and in the number of copies specified in Attachment 1, "Packaging and Delivery of the Proposal," until 1:00pm local time on 06/23/2009. Offers will be valid for 120 days unless a different period is specified by the offeror on the Attachment entitled, "Proposal Summary and Data Record, NIH 2043.

9. THIS SOLICITATION REQUIRES DELIVERY OF PROPOSALS TO THE OFFICIAL POINT OF RECEIPT FOR

THE PURPOSE OF DETERMINING TIMELY DELIVERY AS STATED IN ATTACHMENT 1, "PACKAGING

AND DELIVERY OF THE PROPOSAL." IF YOUR PROPOSAL IS NOT RECEIVED BY THE CONTRACTING OFFICER OR HIS DESIGNEE AT THE PLACE AND TIME SPECIFIED, THEN IT WILL BE CONSIDERED LATE AND HANDLED IN ACCORDANCE WITH SUBPARAGRAPH (c)(3) OF FAR CLAUSE 52.215-1, ENTITLED, "INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION" LOCATED IN SECTION L.1.

OF THIS SOLICITATION.

10. Offeror must be registered in the Central Contractor Registry (CCR) prior to award of a contract. http:// www.ccr.gov

11. FOR INFORMATION CALL: Anthony Rowell PHONE: no calls accepted e-MAIL: rowella@mail.nih.gov

COLLECT CALLS WILL NOT BE ACCEPTED.

TBD

Contracting Officer Office of Acquisitions Office of Research Facilities http://www.ccr.gov http://www.ccr.gov

RFP Number : NIHOF2009072

- 2 -

RFP TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. Brief Description of Supplies or Services

ARTICLE B.2. Prices/Costs

ARTICLE B.3. Prices

ARTICLE B.4. Base Year Pricing

ARTICLE B.6. Pricing Change Orders

ARTICLE B.7. OPTION PRICES

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. Statement of Work

ARTICLE C.2 Planning Services

ARTICLE C.3 Construction Services

ARTICLE C.4 Contractor Quality Control (CQC) Program

ARTICLE C.5 Design Services

SECTION D - PACKAGING, MARKING AND SHIPPING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. Period of Performance

ARTICLE F.2. Deliveries

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

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

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

SECTION G - CONTRACT ADMINISTRATION DATA

ARTICLE G.1. Contracting Officer

ARTICLE G.2. Project Officer

ARTICLE G.3. Key Personnel, HHSAR 352.270-5 (January 2006)

ARTICLE G.4. Multiple Award Task Order Procedures

ARTICLE G.5. Method of Ordering

ARTICLE G.6. Electronic Funds Transfer Information

ARTICLE G.7. Invoice Submission/Contract Financing Request

SECTION H - SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.1. Wage Rates

ARTICLE H.2. Insurance

ARTICLE H.3. General Conditions

ARTICLE H.4. Equitable Adjustments Due to Changes

ARTICLE H.5. Performance and Payment Bond Requirement (SF25 and 25A) (See FAR 52.228-15)

ARTICLE H.7. Submittals

ARTICLE H.8. Project Record Documents

ARTICLE H.9. Field Surveys

ARTICLE H.10. Planning and Coordination Drawings

ARTICLE H.11. Contractor Quality Control

- 3 -

ARTICLE H.12. Reporting Matters Involving Fraud, Waste, and Abuse

ARTICLE H.13. Use of the Metric System of Measurement

ARTICLE H.14. 352.270-10 Anti Lobbying (January 2006)

ARTICLE H.15. Needle Exchange

ARTICLE H.18. Publication and Publicity

ARTICLE H.19. Work by the Government

ARTICLE H.20. Task Order/Delivery Order Contract Ombudsman

ARTICLE H.21. Reporting Matters Involving Fraud, Waste and Abuse

ARTICLE H.22. Energy Star Requirements

ARTICLE H.23. Access to National Institutes of Health (NIH) Electronic Mail

ARTICLE H.24. Restriction on Employment of Unauthorized Alien Workers

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

ARTICLE I.1 GENERAL CLAUSES FOR A NEGOTIATED FIXED PRICE CONSTUCTION CONTRACT FAR 52.252-2

ARTICLE I.2. Authorized Substitutions of Clauses

ARTICLE I.3. Additional Contract Clauses

ARTICLE I.4. Additional FAR Contract Clauses Included in FULL TEXT

ADDITIONAL FAR CONTRACT CLAUSES INCLUDED IN FULL TEXT

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

Solicitation Attachments

BUSINESS PROPOSAL ATTACHMENTS

INFORMATIONAL ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1. GENERAL INFORMATION

a. INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION

b. NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE

c. NAICS Code and Size Standard

d. Type of Contract and Number of Awards

e. Pre-Proposal Conference

f. Commitment of Public Funds

g. Communications Prior to Contract Award

h. Release of Information

i. Preparation Costs

j. Service of Protest

2. INSTRUCTIONS TO OFFERORS

a. GENERAL INSTRUCTIONS

1. Contract Type and General Clauses

2. Authorized Official and Submission of Proposal

3. Separation of Technical and Business Proposals

4. Evaluation of Proposals

- 4 -

5. Potential Award Without Discussions

6. Use of the Metric System of Measurement

7. Privacy Act - Treatment of Proposal Information

8. Selection of Offerors

9. Past Performance Information

10. Notice of Buy American Act Requirement--Construction Materials Under Trade Agreements

11. Solicitation Provisions Incorporated by Reference

b. TECHNICAL PROPOSAL (VOLUME 1) INSTRUCTIONS

1. Technical Discussions

2. Technical Evaluation

3. Additional Technical Proposal Information

4. Past Performance of the Offeror

5. Other Considerations

6. Seed Project/Task Order

c. BUSINESS PROPOSAL I(VOLUME 2) INSTRUCTIONS

1. Basic Cost/Price Information

2. Proposal Cover Sheet

3. Information Other than Cost or Pricing Data (Volume 2 Tab A)

Information Other Than Cost or Price Data

4. Seed Project/Task Order Price Proposal

5. Site Visit

6. Contractor's Release for All Contracts NIH Form 2582

7. Statement of Acknowledgement

8. Disclosure of Lobbying Activities

9. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

SECTION M - EVALUATION FACTORS FOR AWARD

1. Evaluation Factors for Award

2. Minimum Requirements

3. Evaluation Criteria

4. Technical Evaluation Criteria

Technical Approach to the Project

Key Personnel Experience

5. Past Performance Evaluation Criteria

6. Price Evaluation Criteria

7. Calculation of Self-Performed Work

8. Evaluation of Options

- 5 -

PART I - THE SCHEDULE

THE INFORMATION SET FORTH IN SECTION A - SOLICITATION/CONTRACT FORM, HEREIN CONTAINS IMPORTANT INFORMATION FOR ANY OFFEROR INTERESTED IN RESPONDING TO THIS SOLICITATION.

ANY CONTRACT RESULTING FROM THIS SOLICITATION WILL INCLUDE IN ITS SECTION A - SOLICITATION/ CONTRACT FORM, ACCOUNTING, APPROPRIATION AND GENERAL INFORMATION APPLICABLE TO THE

CONTRACT AWARD.

THE CONTRACT SCHEDULE SET FORTH IN SECTIONS B THROUGH H, HEREIN, CONTAINS CONTRACTUAL INFORMATION PERTINENT TO THIS SOLICITATION. IT IS NOT AN EXACT REPRESENTATION OF THE CONTRACT DOCUMENT THAT WILL BE AWARDED AS A RESULT OF THIS SOLICITATION. THE CONTRACT COST OR PRICE AND OTHER CONTRACTUAL PROVISIONS PERTINENT TO THE OFFEROR (i.e., those relating to the organizational structure [e.g., Non-Profit, Commercial] and specific cost authorizations unique to the Offeror's proposal and requiring Contracting Officer Prior Approval) WILL BE DISCUSSED IN THE NEGOTIATION PROCESS AND WILL BE INCLUDED IN THE RESULTANT CONTRACT. THE ENCLOSED CONTRACT SCHEDULE IS

INTENDED TO PROVIDE THE OFFEROR WITH THE NECESSARY INFORMATION TO UNDERSTAND THE

TERMS AND CONDITIONS OF THE RESULTANT CONTRACT.

- 6 -

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 agreed upon by the Government and the Offeror.

Each task order issued under the contract will be issued in accordance FAR 36.204 (Disclosure of the magnitude of construction projects), the task order will be describe in terms of one of the following price ranges:

(a) Less than $25,000.

(b) Between $25,000 and $100,000.

(c) Between $100,000 and $250,000.

(d) Between $250,000 and $500,000.

(e) Between $500,000 and $1,000,000.

(f) Between $1,000,000 and $5,000,000.

(g) Between $5,000,000 and $10,000,000.

(h) More than $10,000,000.

ARTICLE B.3. Prices

SEE SOLICITATION, OFFER, AND AWARD (SF1442) BLOCK 17.

a. This contract guarantees a minimum dollar amount of $2,500.00. The minimum guarantee is applicable for the base performance period and all option period combined, if exercised. The maximum aggregate price of all individual Orders awarded under this IDIQ contract shall not exceed $50,000,000.00 for the base year and possible 4 option years, if exercised.

The minimum per task order is estimated to be $10,000.00, and the maximum order is estimated not to exceed $1,000,000.00 for any one Record of Call.

b. Cost & Price Offer: - All possible work to be included in the resulting IDIQ contract is identified in Section C of this Solicitation. The negotiated rates to be applied to the resulting IDIQ contract are indicated below and the Contractor's Schedule of Rate Table (also in this section). The labor categories identified in the accompanying table in this section are the anticipated labor categories to be used throughout the life of this contract. Applicable labor, overhead, profit and escalation rates are identified in the Table.

c. Schedule of Contract Rates.

The purpose of this schedule is to establish hourly rates using current applicable Davis Bacon rates (Section J) and overhead and profit rates that will apply to all change orders and negotiated task orders throughout the life of the resulting IDIQ contract. These rates shall apply to the base year and all proposed option period for the life of this contract. Escalation rates apply only to option periods.

1) Labor Rates. The Contractor shall use the current Davis Bacon Wage Rates for each labor category with the exception of the Key Personnel Rates (i.e. Project Manager, Superintendent) whose labor rates shall be listed in the Contractor's Schedule of Rates Table. If the Government exercises the option to extend the contract performance period, the Contracting Officer shall modify the contract and incorporate the new Davis Bacon Wage Rate for that

- 7 -

Period. If the Contractor proposes to use labor categories/rates other than those specified in the Davis Bacon Wage Rate, the proposed labor category and rates shall be included in the Contractor's Schedule of Rates Table. The Contractor shall provide supporting Payroll information (at least 90 days) to support the proposed rates.

2) Upon delivery and acceptance of the item(s) described in Section C and further described in the Statement of Work for each order under the resulting contract, and identified in the Schedule of Charges below, the government shall pay to the Contractor the unit price (s) set forth below:

ARTICLE B.4. Base Year Pricing

Table B1 - Prime Contractor Schedule of Rates (Base Year)

CLIN

Discipline

Base Hourly Rate ($)

Labor Fringes

Overhead

Profit ($) Loaded Hourly Rate ($)

0010 Project Manager $ $ % % $ 0020 Superintendent $ $ % % $ *Other Labor categories 0030 $ $ % % $ 0031 $ $ % % $ 0032 $ $ % % $ 0033 $ $ % % $ 0034 $ $ % % $ 0035 $ $ % % $ 0036 $ $ % % $ 0037 $ $ % % $ 0038 $ $ % % $ 0039 $ $ % % $ 0040 $ $ % % $ First Tier Subcontractor Labor Categories 0100 $ $ % % $ 0110 $ $ % % $ 0120 $ $ % % $ 0130 $ $ % % $ 0140 $ $ % % $ 0150 $ $ % % $ 0160 $ $ % % $ Subcontract Handling fee __________% Fringe/Hourly Rate Escalation ____N/A______% *Note: List other labor categories and rates which may be used throughout the life of this contract.

Minimum labor rates shall be IAW the current Davis Beacon rates (General Decisions listed at Section J, Attachment 2)

ARTICLE B.5. Option Year Pricing

a. Unless the Government exercises its option pursuant to the option clause referenced in ARTICLE I.3.

ADDITIONAL CONTRACT CLAUSES, this contract consists only of the Base Period specified in the Statement of Work as defined in SECTIONS C and F, for the price set forth in ARTICLE B.2. of this contract.

- 8 -

b. Pursuant to FAR Clause 52.217-9 Option to Extend set forth in ARTICLE I.3. ADDITIONAL CONTRACT CLAUSES of this contract, the Government may, by unilateral contract modification, require the Contractor to perform the Option Period(s) specified in the Statement of Work as defined in SECTIONS 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 Article 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 Item Option Items Option Service Option Servicesdescribed 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:

Table B2 - Prime Contractor Schedule of Rates (Option Year One)

Base Hourly Rate ($)

Labor Fringes

Overhead

Profit ($) Loaded Hourly Rate ($)

1010 Project Manager $ $ % % $ 1020 Superintendent $ $ % % $ *Other Labor categories 1030 $ $ % % $ 1031 $ $ % % $ 1032 $ $ % % $ 1033 $ $ % % $ 1034 $ $ % % $ 1035 $ $ % % $ 1036 $ $ % % $ 1037 $ $ % % $ 1038 $ $ % % $ 1039 $ $ % % $ 1040 $ $ % % $ First Tier Subcontractor Labor Categories 1100 $ $ % % $ 1110 $ $ % % $ 1120 $ $ % % $ 1130 $ $ % % $ 1140 $ $ % % $ 1150 $ $ % % $ 1160 $ $ % % $ Subcontract Handling fee _______% Fringe/Hourly Rate Escalation ________% *Note: List other labor categories and rates which may be used throughout the life of this contract.

Minimum labor rates shall be IAW the current Davis Beacon rates (General Decisions listed at Section J, Attachment 2)

Table B3 - Prime Contractor Schedule of Rates (Option Year Two)

Hourly Rate ($)

Fringe ($) Overhead ($) Profit ($) Billable Hourly Rate ($)

2010 Project Manager $ $ % % $

- 9 -

Rate ($)

Fringe ($) Overhead ($) Profit ($) Billable Hourly Rate ($)

2020 Superintendent $ $ % % $ *Other Labor categories 2030 $ $ % % $ 2031 $ $ % % $ 2032 $ $ % % $ 2033 $ $ % % $ 2034 $ $ % % $ 2035 $ $ % % $ 2036 $ $ % % $ 2037 $ $ % % $ 2038 $ $ % % $ 2039 $ $ % % $ 2040 $ $ % % $ First Tier Subcontractor Labor Categories 2100 $ $ % % $ 2110 $ $ % % $ 2120 $ $ % % $ 2130 $ $ % % $ 2140 $ $ % % $ 2150 $ $ % % $ 2160 $ $ % % $ Subcontract Handling fee __________% Fringe/Hourly Rate Escalation __________% *Note: List other labor categories and rates which may be used throughout the life of this contract.

Minimum labor rates shall be IAW the current Davis Beacon rates (General Decisions listed at

Table B4 - Prime Contractor Schedule of Rates (Option Year Three)

Rate ($)

Fringe ($) Overhead ($) Profit ($) Billable Hourly Rate ($)

3010 Project Manager $ $ % % $ 3020 Superintendent $ $ % % $ *Other Labor categories 3030 $ $ % % $ 3031 $ $ % % $ 3032 $ $ % % $ 3033 $ $ % % $ 3034 $ $ % % $ 3035 $ $ % % $ 3036 $ $ % % $ 3037 $ $ % % $ 3038 $ $ % % $ 3039 $ $ % % $ 3040 $ $ % % $ First Tier Subcontractor

- 10 -

Rate ($)

Fringe ($) Overhead ($) Profit ($) Billable Hourly Rate ($)

Labor Categories 3100 $ $ % % $ 3110 $ $ % % $ 3120 $ $ % % $ 3130 $ $ % % $ 3140 $ $ % % $ 3150 $ $ % % $ 3160 $ $ % % $ Subcontract Handling fee ___________% Fringe/Hourly Rate Escalation ___________% *Note: List other labor categories and rates which may be used throughout the life of this contract.

Minimum labor rates shall be IAW the current Davis Beacon rates (General Decisions listed at

Table B5 - Prime Contractor Schedule of Rates (Option Year Four)

Rate ($)

Fringe ($) Overhead

Profit ($) Billable Hourly Rate ($)

4010 Project Manager $ $ % % $ 4020 Superintendent $ $ % % $ *Other Labor categories 4030 $ $ % % $ 4031 $ $ % % $ 4032 $ $ % % $ 4033 $ $ % % $ 4034 $ $ % % $ 4035 $ $ % % $ 4036 $ $ % % $ 4037 $ $ % % $ 4038 $ $ % % $ 4039 $ $ % % $ 4040 $ $ % % $ First Tier Subcontractor Labor Categories 4100 $ $ % % $ 4110 $ $ % % $ 4120 $ $ % % $ 4130 $ $ % % $ 4140 $ $ % % $ 4150 $ $ % % $ 4160 $ $ % % $ Subcontract Handling fee ____________% Fringe/Hourly Rate Escalation ____________% *Note: List other labor categories and rates which may be used throughout the life of this contract.

Minimum labor rates shall be IAW the current Davis Beacon rates (General Decisions listed at Section J, Attachment 2)

- 11 -

ARTICLE B.6. Pricing Change Orders

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

Equitable Adjustments Due to Changes

a) 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 change factors:

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

2. Direct performance time of change.

3. Impact on schedule, if any.

4. Impact costs, if any.

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

c) 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.

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

e) Any cost premium for change order work is accounted for by the use of the "Changes Factor" noted above a) 1 through 4.

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

g) 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).

h) 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.

ARTICLE B.7. OPTION PRICES

a. Unless the Government exercises its option pursuant to the option clause referenced in ARTICLE I.3.

ADDITIONAL CONTRACT CLAUSES, this contract consists only of the Base Period specified in the Statement of Work as defined in SECTIONS C and F, for the price set forth in ARTICLE B.2. of this contract.

b. Pursuant to FAR Clause 52.217-6 set forth in ARTICLE I.3. ADDITIONAL CONTRACT CLAUSES of this contract, the Government may, by unilateral contract modification, require the Contractor to perform the Option Period(s) specified in the Statement of Work as defined in SECTIONS 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.

- 12 -

Specific information regarding the time frame for this notice is set forth in the OPTION PROVISION Article 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 Servicedescribed 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:

Option Period

Description of Option Item(s) -or- Option Service(s)

Quantity (Units) -or- Minimum & Maximum

Unit Price

Total Price of Option -or- Minimum

& Maximum

- 13 -

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. Statement of Work

a. The NIH seeks highly qualified contractors with the capability to perform this contract, which will include various, simultaneous task orders ranging from $10,000.00 up to $1,000,000 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.

7) Renovation or retrofit of Bio-safety level (BSL)-3 and BSL-4 laboratory and animal spaces and all associated spaces. These areas will be designated and constructed in strict accordance with the 5th

ed. of the Biosafety in Microbiological and Biomedical Laboratories (BMBL), and the latest edition of the NIH Design Requirements Manual sections with emphasis on the sections that relate specifically to bio-containment design requirements.

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 Planning Services

a. 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.

b. Verify that the completed submission complies with the latest edition of the NIH Requirements Manual and applicable codes and standards in effect at the time of Notice to Proceed each task with the task order, and with the scope of work identified for each task. 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.

- 14 -

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 Requirement Manual, available on the Web at http://orf.od.nih.gov/PoliciesAndGuidelines

4) Computer-Aided Drafting and Design. All drawings shall be drawn and created using the latest version of Autodesk products including Revit-Architecture, For Mechanical Electrical and Plumbing Revit-MEP, and for Structural work Revit-Structure Structure and other associated Autodesk Building Systems software including Civil 3D for site Civil work. All work shall comply with National Building Information Modeling and National Cad Standards. The building model shall be updated continuously throughout the project and at completion of project and prior to final payment to contractor a record BIM file in Revit shall be provided to NIH.

ARTICLE C.3 Construction Services

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

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.

- 15 -

d. Cost Estimate For Construction. The Construction contractor shall provide a Work Breakdown Structure (WBS) with their proposed Cost and Schedule for each task. This will serve as the contractor Baseline for the Construction of the project. NIH, including the design team will review the construction contractor Baseline against the design team baseline. After this review NIH and NIH Design team will discuss and partner with the construction contractor to make necessary adjustment and concur with a Baseline for the project construction.

Provide your monthly cash flow baseline invoices for completing each task. This Baseline shall not change during the entire construction period, the actual construction progress and payments to the contractor will be measured against the project concurred baseline.

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

f. 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.

g. 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

c. 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

- 16 -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 Design Services

d. 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 normally take place at the 35%, 75%, 95% and 100% stages, however, it can be modified to fewer submissions 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.

• 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

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.

- 17 -

Computer-Aided Drafting and Design (CADD): All drawings shall be drawn and created using the latest version of Autodesk products including Revit-Architecture, For Mechanical Electrical and Plumbing Revit-MEP, and for Structural work Revit-Structure Structure and other associated Autodesk Building Systems software including Civil 3D for site Civil work. All work shall comply with National Building Information Modeling and National Cad Standards. The building model shall be updated continuously throughout the project and at completion of project and prior to final payment to contractor a record BIM file in Revit shall be provided to NIH.

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-16), the Standard Details & References (attachment J-12) and the Update of Construction Details for New TOC Contract (attachment J-15). For those items not covered in the NIH Specifications (see attachment J-16), 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 (hearafter 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.

Cost Estimates: The A/E shall accomplish the design services required under this contract so as to permit the award of a contract, using standard Federal Acquisition Regulation procedures, for the construction of the facilities designed at a price that does not exceed the budgeted construction price. The construction cost of the project shall be verified to meet this requirement at each design submission for the entire completed project.

At each design submission level detail cost for work designed and allowance for the remainder of work not yet designed shall be included. After completion of design and when bids or proposals for the construction contract are received that exceeds the estimated budget, the A/E shall perform such redesign effort as required to enable award within the funding limitation. If the unfavorable bids or proposals are the result of conditions beyond the A/ E's reasonable control, the A/E shall not be required to perform such additional services without compensation.

Design team shall provide construction cost estimate and project schedule for the project construction. The construction cost estimate shall be broken down into Work Break down Structure (WBS), with milestone dates and duration for each WBS.

The Design team WBS and schedule for construction shall be provided with each submission by the design team for any design activity including; concept study, design development and construction document. This will serve as the government Baseline for the Earned Value Management. The WBS can be shared with the construction contractor; however the Cost and Schedule portion of this baseline shall not be shared with the construction contractor prior to them providing their baseline construction cost and schedule.

The A/E shall promptly advise the Contracting Officer if it finds that the project being designed will exceed or is likely to exceed funding limitations and it is unable to design a usable (fully functional) facility within the funding limitations.

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.

e. Independently and not as an agent of the Government, the Contractor shall be required to furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the Statement of Work, dated 02/28/2009, attached hereto and made a part of this Solicitation (See SECTION J - List of Attachments).

All reports required herein shall be submitted in electronic format. In addition, one (1) hardcopy of each report shall be submitted to the Contracting Officer, unless otherwise specified.

- 18 -

SECTION D - PACKAGING, MARKING AND SHIPPING

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.

- 19 -

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 TBD 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: TBD

(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).

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

- 20 -

SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. Period of Performance

a. The period of performance of this contract estimated to be from 08/15/2009 through 08/14/2010.

b.

Option Option Period Year One 08/15/2010 thru 08/14/2011 Year Two 08/15/2011 thru 08/14/2012 Year Three 08/15/2012 thru 08/14/2013 Year Four 08/15/2013 thru 08/14/2014

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)

(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)

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

- 21 -

(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)

- 22 -

SECTION G - CONTRACT ADMINISTRATION DATA

ARTICLE G.1. Contracting Officer

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

TBD

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. Project Officer

The following Project Officer(s) will represent the Government for the purpose of this contract:

TBD

The Project Officer 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 and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

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 for any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

[The Contracting Officer hereby delegates the Project Officer as the Contracting Officer's authorized representative responsible for signing software license agreements issued as a result of this contract.]

The Government may unilaterally change its Project Officer designation.

ARTICLE G.3. Key Personnel, HHSAR 352.270-5 (January 2006)

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

(End of Clause)

The following individual(s) is/are considered to be essential to the work being performed hereunder:

Name Title

- 23 -

Name Title

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…