Section A - M.pdf

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SOLICITATION

SECTION A - SOLICITATION/CONTRACT FORM

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

2. Request for Proposal (RFP) Number:

NIHOF2009079

3. Issue Date:

4. Set Aside:

[ ] No

[X] Yes Part IV Section L

5. Title : 8(a) General A&E Services

6. ISSUED BY:

Office of Research Facilities Office of Acquisitions National Institutes of Health 9000 Rockville Pike, Bldg 13 Room 1319 Bethesda, MD 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 1:00p.m. local time on 08/11/2009. 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:

e-MAIL: rowella@mail.nih.gov

COLLECT CALLS WILL NOT BE ACCEPTED.

TBD

Contracting Officer ORF/Office of Acquisitions National Instititue of Health http://www.ccr.gov http://www.ccr.gov

RFP Number : NIHOF2009079

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RFP TABLE OF CONTENTS

NOTICE TO OFFERORS

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. STATEMENT OF WORK

ARTICLE C.2. REPORTING REQUIREMENTS

ARTICLE C.3. SUSTAINABLE DESIGN

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. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEBRUARY 1998)

SECTION G - CONTRACT ADMINISTRATION DATA

ARTICLE G.1. PROJECT OFFICER

ARTICLE G.2. KEY PERSONNEL, HHSAR 352.270-5 (January 2006)

ARTICLE G.3. METHOD OF ORDERING

ARTICLE G.4. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

SECTION H - SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.1. OWNERSHIP

ARTICLE H.2. ARCHITECT/ENGINEER (A/E)

ARTICLE H.3. CONSTRUCTION CONTRACTOR (Contractor)

ARTICLE H.5. RESTRICTION ON EMPLOYMENT OF UNAUTHORIZED ALIEN WORKERS

ARTICLE H.7. ACCESS TO NATIONAL INSTITUTES OF HEALTH (NIH) ELECTRONIC MAIL

ARTICLE H.8. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE

ARTICLE H.9. CONTRACTOR HEALTH AND SAFETY REQUIREMENTS

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

ARTICLE I.1. General Clauses for a Negotiated Fixed-Price Architect-Engineer Contract

ARTICLE I.2. AUTHORIZED SUBSTITUTIONS OF CLAUSES

ARTICLE I.3. ADDITIONAL CONTRACT CLAUSES

ARTICLE I.4. 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

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a. INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION

b. NOTICE OF 8(a) COMPETITIVE 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

k. LATE PROPOSALS AND REVISIONS

2. INSTRUCTIONS TO OFFERORS

a. GENERAL INSTRUCTIONS

1. Contract Type and General Clauses

2. Authorized Official and Submission of Proposal

3. Standard Form (SF) 330 Submission Instructions

4. Delivery Address of Proposal

5. Evaluation of Statement of Qualifications

6. Solicitation Provisions Incorporated by Reference

b. BUSINESS PROPOSAL INSTRUCTIONS

1. Basic Cost/Price Information

2. Proposal Cover Sheet

3. Cost and Pricing Data

4. Requirements for Cost or Pricing Data or Information Other than Cost and Pricing Data

5. Salary Rate Limitation in Fiscal Year 2008

6. Total Compensation Plan

7. Other Administrative Data

8. Qualifications of the Offeror

9. Proposer's Annual Financial Report

SECTION M - EVALUATION FACTORS FOR AWARD

1. GENERAL

2. TECHNICAL EVALUATION CRITERIA

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NOTICE TO OFFERORS

This solicitation is being processed under a Partnership Agreement (PA) between the Department of Health and Human Services (HHS) and the Small Business Administration (SBA), under which the SBA has delegated to HHS, authority to enter into 8(a) contracts directly with eligible 8(a) firms. The PA implements innovative and effective methodology designed to streamline the acquisition process for awards under the 8(a) program. The ORF/OA is a designated pilot agency under the PA.

Any solicitation and subsequent awards processed under the referenced PA, ORF/OA] will make the award directly to the 8(a) firm. SBA will not be a signatory to the award resulting from this solicitation. SBA will, however, retain responsibility for 8(a) certification, administer other eligibility related issues under the 8(a) program, and be available to 8(a) firms for counseling and assistance.

If you have any questions pertaining to this PA, please contact Anthony Rowell at rowella@mail.nih.gov .

HHS/SBA PA 1 (March 20, 2007)

Servicing Small Business Administration Field Office

To facilitate communications, it is requested that the 8(a) participant submitting this offer/bid provide the following information regarding the firm's cognizant servicing Small Business Administration (SBA) office.

Servicing SBA Office Washington Metropolitan Area District Office

Address 740 15th Street, NW 3rd Floor

Washington, DC 20005

Cognizant SBA Business Opportunity Specialist's Name Stanley Y. Fujii

Phone (202) 272-0360

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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.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The National Institutes of Health (NIH), Department of Health and Human Services (HHS) expects to require general A-E design and other A-E services for various construction, modification, repair, and improvement of buildings and infrastructure projects within the following locations: NIH Main Campus, Bethesda, MD; NIH Animal Center, Poolesville, MD; various rental facilities, Bethesda and Rockville, MD; and other campuses and leased facilities located throughout the United States.

ARTICLE B.2. PRICES/COSTS

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

Pending A/E Firms price proposal submission.

ARTICLE B.3. PRICES

a. The Contractor shall be reimbursed by the Government in an amount not less than a total of $5,000 (minimum) nor more than a total of $40,000,000 (maximum) for successful performance of this contract.

FUNDED CONTRACT AMOUNT

Description Unit Funded Quantity

Unit Price ($)

Period of Performance

Total Funded Amount ($)

A/E Services TBD TBD TBD Base $2,500.00

b. The prices set forth in this ARTICLE B.2. will cover the contract period base year through four one year options.

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

SCHEDULE OF CHARGES FOR THE BASIC AWARD PERIOD

Description of Item Quantity (Units) Price Unit Price Total Per Task Order Award TBD TBD TBD TBD

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Description of Item Quantity (Units) Price Unit Price Total

ARTICLE B.4. 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 52.217-8 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 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:

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

One A/E Services - Per Task Order

$5,000 minimum Task $1.5million maximum

Two A/E Services - Per Task Order

$5,000 minimum Task $1.5million maximum

Three A/E Services - Per Task Order

$5,000 minimum Task $1.5million maximum

Four A/E Services - Per Task Order

$5,000 minimum Task $1.5million maximum

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. STATEMENT OF WORK

A. BACKGROUND

The National Institutes of Health (NIH), Department of Health and Human Services (HHS) expects to require General Architect-Engineer (A-E) design and other A-E services for various construction, renovation, and repair of buildings and infrastructure projects within the following locations: NIH Main Campus, Bethesda, MD; NIH Animal Center, Poolesville, MD; various rental facilities, Bethesda, Rockville, and Baltimore, MD; and other campuses and leased facilities located throughout the United States. NIH plans to enter into multiple-award, indefinite-delivery, indefinite-quantity, task order contracts for General A-E services to include but shall not be limited to Office / Public Space Facilities, Health Care Facilities, Laboratory Facilities, Animal Care Facilities, and Mechanical/Electrical/Plumbing / Special Utilities / Central Utilities Plant Facilities.

B. PROJECT DESCRIPTION

Task orders will be submitted for General A-E design and other A-E services for various construction, renovation, and repair of buildings and infrastructure projects within the following locations: NIH Main Campus, Bethesda, MD; NIH Animal Center, Poolesville, MD; various rental facilities, Bethesda, Rockville, and Baltimore, MD; and other campuses and leased facilities located throughout the United States.

C. PROJECT CEILING VALUE

Set-aside Minimum Order Value

Maxim Total Project Ceiling Value Not to Exceed

Number of Awardees

8(a) Set-Aside $2,500.00 $3,000,000.00 $4,000,000.00 4

D. SCOPE OF SERVICES

The A-E shall provide professional services for all architectural and engineering disciplines and incidental services;

material and labor necessary to perform services and provide deliverables as specified by all ordered tasks. A&E Services and deliverables may include, but are not limited to, the following:

1) Design Submittals and Deliverables

The A-E shall provide design deliverables at various submittal stages. Stages will be as required by individual task orders and may include, but are not limited to: Program of Requirements, Special Studies, Schematic Design, Design Development , Construction Documents (70%), Construction Documents (95%), and Construction Documents (100%). All design submittals shall include the current building information model (BIM) (See section titled Building Information Models and CAD Drawings) and construction cost estimate.

a) Program of Requirements

The A-E shall prepare the Program of Requirements (POR) in accordance with Section 2-5 of the HHS Facilities Program Manual. The planning and programming documents should be developed to meet two distinct purposes.

Initially, the documents serve as a mechanism for obtaining approval for the project and its scope, for identifying potential environmental impacts, for developing a cost estimate for inclusion of the project in the NIH and HHS budgets, and as a basis for the development of the NIH Sustainability Checklist, the Project Definition Rating Index score, and the HHS Facility Project Approval Agreement (FPAA). Second, once the project is approved and funds are appropriated, the documents become part of a design contract document that defines the Government's program needs to enable an A-E firm to estimate design fees and negotiate a contract for the design. The boundaries established in the planning and programming documents serve as a deter-rent to unnecessary modifications and increases in the scope of approved projects. Planning and programming documents also serve as the basis for a lease in the Solicitation for Offers (SFO). The POR shall include performance specification and criteria for all project/ building elements and systems.The POR may be required to include completion of the NIH Sustainability Checklist,

- 8 -development of the Project Definition Rating Index score, and development of the HHS Facility Project Approval Agreement, and budgetary project cost estimate.

For NIH biomedical laboratories and animal research facilities, the A-E may use Exhibit X 2-5-E (NIH Shell Program of Requirements) and Chapter 2 of the NIH DRM to prepare the POR.

The A-E shall be excluded from providing design services of a facility for which the A-E has prepared the POR to avoid an organizational conflict of interest in accordance with FAR Subpart 9.5 - Organizational and Consultant Conflicts of Interest.

b) Special Studies

The A-E shall prepare feasibility studies, pre-design and pre-transfer studies, subsurface and soil studies, building systems studies, and other facility related studies in accordance with Section 3-11 of the HHS Facilities Program Manual.

c) Schematic Design

The schematic design, constituting a complete architectural and engineering design however at a schematic level, shall include, but is not necessarily limited to, the following, as applicable to individual tasks:

schematic site plan, floor plans, elevations and sections drawn to scale, exterior and interior perspective or 3D Views drawings necessary to explain the concept, basis of design report, table of content specifications, broad order of magnitude (square foot) cost estimate, storm drainage, structural, HVAC, plumbing, and electrical design and calculations.

See NIH Facilities Development Manual - Architect Engineer (A/E) Checklist of Services and Architect Engineer (A/E) Checklist of Services for Renovations and NIH DRM for detailed requirements.

d) Design Development

Design development, constituting a complete architectural and engineering design however at a design development level, shall include, but is not necessarily limited to, the following in addition to all items required during schematic design phase, as applicable to individual tasks:

site grading and drainage plan, site utilities plan, site pavement plan, landscape plan, sediment control plan, site profiles, definitive floor plans indicated with demolition and new work for each design discipline, elevations, cross, longitudinal and wall sections, interior elevations, reflected ceiling plans drawn to scale, final perspective, axonometric drawings, or 3D models necessary to explain the design for presentation purposes, finish and door schedules, major equipment locations for mechanical and electrical systems, equipment schedules, plumbing riser diagram, one line electrical diagram, communication riser diagrams, out line specifications, systems cost-estimate, final storm drainage and structural, HVAC, plumbing, and electrical calculations.

See NIH Facilities Development Manual - Architect Engineer (A/E) Checklist of Services and Architect Engineer (A/E)

e) Construction Documents Phase - 70%

Construction documents constituting 70% of design completion consists of, but are not necessarily limited to, the following in addition to all items required during design development phase, as applicable to individual tasks:

site grading and drainage plan, site profiles, site utilities plan, site pavement plans and profiles, landscape plan and plant schedules, sediment control plan, floor plans indicated with demolition and new work for each design discipline, elevations, cross, longitudinal and wall sections, interior elevations, reflected ceiling plans drawn to scale, finish and door schedules, major equipment locations for mechanical and electrical systems, equipment schedules details for each discipline drawn to scale, plumbing riser diagram, one line electrical diagram, electrical panel schedules, communication riser diagrams, specifications, quantity takeoff cost-estimate, and updated calculations.

See NIH Facilities Development Manual - Architect Engineer (A/E) Checklist of Services and Architect Engineer (A/E)

f) Construction Documents Phase - 95%

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Construction documents constituting 95% of design completion consists of, but are not necessarily limited to, the following in addition to all items required during construction documents 70% phase, as applicable to individual tasks.

Site grading and drainage plan, site profiles, site utilities plan, site pavement plans and profiles, landscape plan and plant schedules, sediment control plan, floor plans indicated with demolition and new work for each design discipline, elevations, cross, longitudinal and wall sections, interior elevations, reflected ceiling plans drawn to scale, finish and door schedules, major equipment locations for mechanical and electrical systems, equipment schedules with facility numbers (See section titled Facility Numbers), details for each discipline drawn to scale, plumbing riser diagram, one line electrical diagram, electrical panel schedules, communication and data layouts, and one line diagrams, specifications, and quantity takeoff cost-estimate.

See NIH Facilities Development Manual - Architect Engineer (A/E) Checklist of Services and Architect Engineer (A/E)

g) Construction Documents Phase - 100%

Construction documents constituting 100% of design completion consists of all items required during construction document 95% phase.

All drawings, specifications, calculations and reports shall incorporate previously accepted review comments. The A- E shall provide electronic copy of all CAD drawings in Revit format; electronic copy of specifications, calculations and reports.

See NIH Facilities Development Manual - Architect Engineer (A/E) Checklist of Services and Architect Engineer (A/E)

h) Construction Schedule

Provide a baseline construction schedule with each submission. The baseline schedule shall include Work Breakdown Structure and milestones. This baseline construction schedule will be used as the Government baseline to be utilized to compare with the Construction Contractor baseline schedule at the time of construction bidding.

2) Project Meetings

The A-E shall participate in progress meetings including, but not limited to, progress meetings, review meetings, and user meetings. The A-E shall prepare and provide meeting minutes to the Task PO within 7 working days for all meetings. The A-E shall use NIH's online project management and collaboration software, as available and made accessible by NIH, to schedule and Record the Meetings. Meetings will be held at the location specified by individual task orders.

a) Progress Meetings

The purpose of the progress meetings is to review the progress of the project in accordance with the schedule, status of submittals, and resolve any outstanding issues. Frequency of progress meetings shall be specified by individual task orders.

b) Review Meetings

The review meetings may be scheduled by the Task PO to clarify review comments from various disciplines. The Government will provide appropriate representatives authorized to make technical and programmatic decisions necessary to maintain progress. The A-E shall send appropriate representatives consistent with the level of development and the nature of review. The representative(s) shall be qualified and authorized to make the technical decisions as required to maintain effective progress.

c) User Meetings

Meetings with users will be scheduled by the PO to discuss requirements of special laboratory equipment, any required operational protocol followed by the users and other functional requirements.

3) Post-Design Services

As specified by individual tasks the A-E shall provide the following post design activities. The A-E Post-Design Services shall be performed during the project construction phase for the period of construction by qualified personnel who shall have proven knowledge of this type of construction and competence in construction and observation. For the purpose of this contract, the construction phase is defined as the period of performance between the issuance

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a) Construction Inspections

The A-E shall perform on-site construction observation in conjunction with each construction meeting throughout the duration of the construction to verify the conformance with the contract documents included in the construction contract. The frequency of the meeting will be discussed and decided by the Task PO depending upon the construction status but typically they should occur the same day of the progress meetings. The A-E shall observe and report (to the Construction Contractor) work in place and visible at the time of observation. The A-E shall also verify that the Construction Contractor is maintaining up-to-date as-built mark-ups.

On the basis of such on-site observations, the A-E shall keep the Construction Contractor informed of progress, quality of work, and deficiencies in the work of the Construction Contractor. A complete log of each inspection trip shall be maintained throughout the construction period of performance, and made available to the Task PO on a bi-weekly basis. Site trips and expenditure of time on matters related to clarification due to inadequacies, errors and/or omissions in the contract plans and specifications, shall be performed at no cost to the Government.

b) Progress Meetings

The Task PO shall hold construction progress review meetings at the project site with the Construction Contractor, A-E representatives, and other NIH officials at least once every two weeks to discuss progress of the contract and related issues/problems identified during construction so as to provide timely resolutions on the requirements or the intent of the contract documents. The Construction Contractor shall take minutes of all progress meetings and send copies to all attendees no later than one-week after each meeting. The A-E shall assign a primary staff member to attend each progress meeting. If there are standing technical issues, technical meetings will be held on the other two weeks.

c) Requests for Information

All requests for information (RFIs) and questions submitted by the Construction Contractor shall be given to the A-E for resolution. The A-E's 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.

The A-E responses to RFIs shall be provided in a timely manner so as to avoid interruptions to the flow of work and minimize schedule delays.

The A-E shall use an information tracking system, or, if available and made accessible by NIH, NIH's online project management and collaboration software to ensure that all RFIs and other construction issues are monitored for timely response, and brought to closure.

d) Construction Submittal Reviews

The A-E shall review and shall recommend either "reviewed", "reviewed as noted" or disapproval of shop drawings, material samples, manufacturer's clarifications, etc., for which the contract specifications require approval by NIH.

Submittals must be looked at from two perspectives: First, which pieces of submittal data are not meeting the scheduled date? This requires a detailed examination of the control log, and flagging of late submittals. Second, submittals must meet the intent of the contract documents. The A-E shall include notes specifically addressing any corrections to be made to each submittal. Each submittal with approval shall be kept in the A-E's office file until the project is completed. Marked-up copies and the A-E's recommendations shall be delivered to the contractor within ten working days of their receipt by the A-E unless otherwise directed. Simultaneously, the A-E shall send the Task PO the status of returned submittals to the contractor. The A-E shall use an information tracking system to ensure that all submittals are received and processed on time.

e) Change Orders

The Construction Contractor shall prepare Change Orders and Construction Change Directives, with supporting documentation (similar to AIA Document G701 & G714) and data necessary for the Task PO and Task CO approval and execution in accordance with the Contract Documents.

The Construction Contractor shall clearly indicate the source of change as being

i) Due to design deficiency, and/or conflict

ii) Due to unforeseen conditions

iii) Due to client's new request

The A-E shall keep track of the above changes, and constantly update the ratios of cost of these changes with respect to the cost of construction. The A-E shall promptly advise the Task CO if they find that the addition of the change

- 11 -order to the project will cause the total construction cost to exceed or is likely to exceed the funding limitations of the task (See section titled Estimated Construction Costs with Respect to Designing Within Funding Limitations). If requested by the Task PO, the A-E shall participate, and assist in negotiating these changes.

f) Punch List

The Construction Contractor shall keep the Task PO informed of the progress and quality of the work, and shall endeavor to advise the Task PO of defects and deficiencies in the work in writing. The A-E and Construction Contractor shall observe the entire installation such as sprinkler system, light fixtures, etc. to ensure compliance with the contract documents. In order to do so, the A-E shall be familiar with the progress and quality of the work throughout the construction period and verify that the work is being performed in a manner that, when completed, will comply with the Contract Documents. Timely corrective measures shall be taken along the way to ensure that problems are not deferred until the final punch list is compiled at the end of the project.

The A-E shall conduct a preliminary observation of the completed project with the Construction Contractor as part of a regular construction progress meeting. The Construction Contractor shall submit to the Task PO a punch list of any defects and omissions noted. At an appropriate time, the Task PO shall conduct a final observation to verify that the Construction Contractor has adequately corrected defects, deficiencies and omissions. A Certificate of Substantial Completion (similar to AIA Document G704) with the results shall be forwarded to the Task PO.

The Construction Contractor shall receive and forward to the Task PO for the Task PO's review and records written warranties and related documents required by the Contract Documents and assembled by the Construction Contractor.

g) Reimbursing Government Construction Contractor For Items Purchased And Stored

When the Construction Contractor notifies the P.O. of items purchased and stored, the A-E and Construction Contractor shall accompany the Task PO for inspection and validity of stored material - upon which the Task PO shall approve reimbursement to the contractor.

h) Close-out

At the close of the project, the A-E shall package all documents related to the project (including submittals) in an orderly manner and send them to the Task PO for archiving. All electronic documents and drawings shall be uploaded to NIH's online project management and collaboration software, as available and made accessible by NIH.

E. PROJECT LOCATION AND A-E OFFICE

Tasks will be for projects within the following locations: NIH Main Campus, Bethesda, MD; NIH Animal Center, Poolesville, MD; various rental facilities, Bethesda, Rockville, and Baltimore, MD; and other campuses and leased facilities located throughout the United States. It is anticipated that the majority of tasks/projects will be located on the NIH Main Campus, Bethesda, MD followed by the surrounding area.

The A-E shall maintain an office within 50 miles of the Metropolitan DC Area from time of task order award to task order completion.

F. GOVERNMENT FURNISHED ITEMS

1) Individual task orders

2) Documentation of existing conditions as applicable to, readily available, and specified to be furnished by individual tasks

3) Access to NIH's online project management and collaboration software, such as Constructware, as available

4) Other government furnished items as specified by individual tasks

G. FIELD INVESTIGATION

The A-E shall perform field surveys that identify existing conditions to ascertain items necessary to accomplish the project. Site investigations made by the A-E shall include a thorough check of all conditions, dimensions, and locations in the area which might affect and/or be affected by the proposed work. The A-E shall NOT rely solely on existing information, such as utility or record drawings.

H. PLANNING AND COORDINATION DRAWINGS

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If requested, the A-E shall provide planning and coordination sketches and/or drawings showing the proposed connections, circuitry, etc. Sketches and/or drawings shall be submitted to the Task CO for review and approval prior to the start of work. Utility and Structural capacities must be verified during the design phase for projects in existing facilities. Analysis/reports need to be provided to, and analyzed by, NIH to approve proposed changes to existing systems.

I. FACILITY NUMBERS

Inventory control of equipment maintained by the Office of Research Facilities is tracked via facility numbers. The Division of Property Management will issue the facility numbers for all new equipment.

1) On the demolition plan, the A-E shall indicate the designated facility number for all equipment being removed.

2) The A-E shall

3) The facility numbers and labeling requirements shall be incorporated into 95% and 100% construction documents.

J. BUILDING INFORMATION MODELS AND CAD DRAWINGS

All drawings shall be provided using the latest versions of Autodesk products and associated Autodesk Building Systems software; and shall be drawn in 3D and 4D to create building information models, the latest versions and native formats of Revit Architecture, Revit Structure, Revit MEP (Mechanical, Electrical, and Plumbing), and Autocad Civil 3D at the time of each Task Order shall be provided for the project A-E work.

The A-E shall include in all design drawings and documents the requirement for the construction contractor to build a construction BIM for virtual construction of the project and update and show the progress of construction in the virtual model prior to any progress in actual physical construction. The construction contractor will provide the as-built document (hardcopy and electronic) as the final product of this BIM model and shall include all shop drawings, conformed specifications, and operation and maintenance manuals.

K. ONLINE PROJECT MANAGEMENT AND COLLABORATION SOFTWARE

The A-E shall use NIH's online project management and collaboration software, such as Constructware, as available and made accessible by NIH, for submission of electronic documents and drawings for review and record, for review comment tracking and response, for request for information tracking and response, and for meeting requests and scheduling.

L. CONTRACTOR HEALTH AND SAFETY REQUIREMENTS

The A-E shall incorporate the NIH Contractor Health and Safety Requirements and any task specific health and safety requirements in the construction specifications as applicable.

M. BUILDING 10 COMPLEX - CONSTRUCTION RISK ASSESSMENT (CRA)

1) As applicable to individual tasks, the A-E shall incorporate all applicable Construction Risk Measures (CRM) on the construction documents. For tasks that will be performed in the Building 10 Complex, the Construction Contractor shall comply with CRM that identify and address hazards that could potentially compromise patient care, treatment, and services in occupied areas of the Building 10 Complex (i.e., Buildings 10, 10B (ACRF), CRC, and NMR Imaging Center). Hazards include air quality requirements, infection control measures, utility requirements, noise, vibration, and emergency procedures. The development of the CRA begins as soon as the Task PO obtains a basic scope from the customer and he/she sends the Project Notification to the CRA Team, who in turn provides a risk assessment based on the limited information at the time. The CRM must be implemented prior to the project execution phase and be maintained through demolition, construction or renovation till the completion of the project.

2) For an A-E, as the design is developed the CRA may change as noted above and those changes must be incorporated in the drawings. For a construction contractor, (provided a design was done) all of the information necessary should be located on the drawings. However, it may be necessary to meet with the CRA team or NIH Representatives to verify a compliance plan. If no design is done, (i.e., walk and talk small projects) then the Construction Contractor is responsible to develop sketches to verify a plan which NIH can approve.

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a) The Contractor shall obtain the CRA information specific to each project/task from the Task PO to identify, develop, and implement control measures required for the "TYPE, GROUP, and CLASS" of area in which work will be performed (using the Patient Risk Group Drawings) and for adjacent areas that may be affected by the work.

b) The Contractor shall complete the information included in the CRA procedure, distribute this information to the Task PO and other persons designated by the Task PO and receive approval from the Government prior to starting work.

c) The contractor shall repeat risk assessment process each time when the location, scope or character of work changes. Construction risk measures include scheduled times and thresholds for debris containment;

vibration and noise; barriers to contain particulates including sticky carpet mats, smoke-tight wall boards, air pressure differentials, and filtration devices; redundant or comparable safeguards to maintain effective odor removal, air conditioning, humidification, heating, critical air quality and clinical parameters required for patient care and the safety of all occupants, and emergency procedures. The "TYPE, GROUP, and LOCATION" of the work determines when and to what extent construction risk measures applies to the work performed by the Contractor.

d) The NIH Division of the Fire Marshal [the fire safety and authority having jurisdiction (AHJ)] as well as the PO will monitor renovation and construction areas for compliance with the CRA measures.

e) The NIH AHJ shall approve compliance with the CRA measures during the construction phase.

f) Daily Inspections:

i) The Contractor's Superintendent or Project Manager shall monitor compliance with CRA measures on a daily basis.

ii) Contractor shall address CRA requirements in their daily report that shall be provided to the PO.

iii) Non compliance with CRA measures is sufficient cause for a "Stop Work Order".

N. BUILDING 10 COMPLEX INTERIM LIFE SAFETY MEASURES (ILSM)

As applicable to individual tasks, A-E shall incorporate the following ILSM on the construction documents. For tasks that will be performed in the Building 10 Complex, the Contractor shall comply with the ILSM established by the NIH Division of the Fire Marshal or the Clinical Center (CC). These measures shall be implemented for all construction, renovation and alteration work and periods when the work compromises the fire protection systems such that the facility does not meet applicable provisions of the Life Safety Code®.

1) The Contractor shall post at the entrance and exit of construction site the following;

a) Construction sign provided by the PO

b) ILSM check list from DFM

c) Construction risk assessment from CRC team

d) CRA check list provided by the PO must be updated daily and posted by the Contractor

e) Additional ILSM memo provided by DFM if required

f) Approved Burn Permit as applicable

g) Fire watch sign as applicable

h) Hazmat abatement as applicable

2) Contractor shall post or kept on site at the entrance and exit of construction site the following;

a) Copy of the stamped and signed permit document issued by the DFM either posted or kept at site, and

b) Maintain MSDS binder at the construction site.

3) All contract employees shall abide by the no smoking policy when working in or around the perimeter of the facility.

4) All corridors and stairs required for emergency egress shall remain clear and unobstructed at all times.

5) Access to emergency services and for fire, police, and other emergency forces shall remain free and unobstructed at all times.

6) When normal access or exiting paths need to be changed or modified in anyway, this action shall be done only with prior written approval by the AHJ. The AHJ will keep the NIH Fire Department and relevant occupants notified of all route changes.

7) Existing fire alarm, detection, and suppression systems shall remain in good working order. All modifications or planned shutdowns of the fire protection systems must be scheduled and approved by maintenance engineering. It is the responsibility of maintenance engineering to notify the AHJ and the NIH Fire Department of all modifications in these systems and to ensure that temporary, but equivalent, fire safety measures are in place when the operation of any fire system is impaired. Temporary and equivalent systems must be tested monthly.

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8) All work areas will be separated from the remaining portion of the building with smoke-tight partitions constructed with noncombustible or fire-retardant materials. All barriers shall have clean, smooth surfaces and provide a contiguous seal to minimize the migration of construction dust as well as smoke.

9) Because the building's air pressure is negative relative to the outdoors, work that involves a break in an exterior wall shall be protected with two parallel noncombustible or fire-retardant partitions to minimize energy loss, property damage, and occupants' discomfort or exposure to chemical vapors and bioaerosols.

10) Penetrations in fire and smoke walls contiguous with occupied areas will be properly sealed at the end of each work shift.

11) All individuals must obtain a NIH Hazardous Work Permit from the NIH Division of the Fire Marshal by calling 301-496-0414 prior to the start of any welding, cutting, or use of an open flame.

a) Fire safety measures as required by the NIH Hazardous Work Permit shall be conspicuously posted at the work site and accessible at all times. Measures may include fire extinguishers, blankets, and other suppression methods designated by the AHJ or NIH Fire Department.

b) Commensurate with the fire hazard potential, the NIH Fire Department may provide employees and contractors who perform work requiring an NIH Hazardous Work Permit training in the use of portable fire extinguishers.

12) Prior to use, the PO, with the CC safety officer and CC Office of Facility Management will assess the risks associated with the flammables, oxidizers, irritants, and other potentially hazardous chemicals proposed for use in the work area.

a) The contractor will provide the Material Safety Data Sheets (MSDS) for chemicals used on the site in accordance with provisions of the OSHA Hazard Communication Act. The contractor must keep a binder containing all MSDS for chemicals approved for use at the worksite---where it is readily available for employees and emergency responders at

NIH.

b) Flammable and oxidizing chemicals on the jobsite shall be limited to a 1-day supply. Additional supplies shall not be stored in a building unless an approved storage area is designated by the AHJ.

c) Flammable compressed gas cylinders shall be limited to a 1-day supply. Additional cylinders shall not be stored in a building unless an approved storage area is designated by the AHJ.

d) Compressed gas cylinders shall be securely stored in an approved cart.

13) Wastes shall be removed from the worksite at the end of each work shift or as needed.

14) Until completion of the construction project, all combustible storage on the jobsite shall be kept at the minimum level acceptable to the AHJ for daily operations.

15) Hazmat abatement signage must be posted prior to undertaking the work. The Contractor must coordinate work in advance and ensure that the site is secure. Restricting access to the site is the Contractor's responsibility.

16) Procedures

The NIH Division of the Fire Marshal [the fire safety "authority having jurisdiction" (AHJ)], as well as the project officers will monitor renovation and construction areas for compliance with the ILSM.

a) The NIH AHJ shall approve all completed work for compliance with provisions of the National Fire Codes prior to acceptance and beneficial occupancy of the space.

b) Daily Inspections

The Contractor's Project Manager or Superintendent shall monitor compliance with the ILSM on a daily basis.

i) Contractor shall address ILSM requirements in their daily report that shall be provided to the PO.

ii) Non-compliance with checklist is sufficient cause for a "Stop Work Order".

N. SCHEDULE

1) The work shall proceed only after the issuance of the Notice to Proceed (NTP) for individual tasks by the Task CO for the activities indicated.

2) The actual performance of the work and the delivery of the required documents shall be in accordance with the submittal schedule as specified by the individual task orders which also indicate the performance time for each review stage, similar to the following example:

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SUBMITTALS AND QUANTITIES

PERFORMANCE TIME

(CALENDAR DAYS)

SUBMITTAL Paper copies

CD A-E GOV

Submittal #1 (Schematic Design) xx xx xx xx

Submittal #2 (Design Development) xx xx xx xx

Submittal #3 (Construction Document 70%) xx xx xx xx

Submittal #4 (Construction Document 95%) xx xx xx xx

Submittal #5 (Construction Document 100%) xx xx xx xx

O. ESTIMATED CONSTRUCTION COSTS WITH RESPECT TO DESIGNING WITHIN FUNDING LIMITATIONS

When funding limitations are specified by an individual task order, the following shall apply:

1) The A-E shall accomplish the design services required by the individual task order 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 Estimated Construction Contract Price (ECCP). When estimates, bids, or proposals for the construction contract are received that exceed the estimated price, the A-E shall perform a technical evaluation of the bid proposals and prepare strategies for price negotiations, perform value engineering and/or perform 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.

2) The A-E shall promptly advise the Task CO if they find that the task being designed will exceed or is likely to exceed funding limitations and they are unable to design a usable (fully functional) facility within the funding limitations as set forth in the individual task order. Upon receipt of such information, the Task CO will review the A-E's revised estimate of construction cost. If the Task CO determined that the original ECCP was not sufficient to allow a construction contract award within the amount specified, at the option of the Task CO, the ECCP may be increased or the scope of work reduced commensurate with available funds. When bids or proposals are not solicited or are unreasonably delayed, the Government shall prepare the ECCP based on the design submitted at the time the project is advertised for construction. This ECCP shall be used in lieu of bids or proposals to determine compliance with the funding limitation.

P. REVIEWS

1) The Task PO will coordinate all required Government reviews and reviews of other Government-contracted services.

2) The A-E shall conform to the submission schedules and requirements as defined herein for the work of this contract. The A-E shall allocate technical manpower and other resources so as to steadily progress toward milestone dates and monitor the work of consultants to insure concurrent steady progress. The A-E shall request information, determinations, and similar direction in sufficient time to permit the Governments development and delivery of the required information without delay to the schedule.

3) The A-E shall endeavor, in the planning of the work, to anticipate information requirements and request information as soon as the need for it becomes apparent. Insofar as possible, the A-E shall work around areas requiring

- 16 -clarification so as to minimize any delay to the project as a whole. Should delay occur, the A-E shall work closely and cooperatively with the Task PO to develop and implement methods to regain or minimize lost time.

4) It is imperative that the A-E and its consultants recognize that the NIH reviews are general in nature; that the detailed checking for technical accuracy, sufficiency, and coordination is the sole responsibility of the A-E and his consultants. Notwithstanding Government approval, the A-E shall remain liable for all damages resulting from design errors and negligent performance by the A-E or its consultants.

5) Following each submittal, the Task PO will return to the A-E written comments on the submitted work. The Government may use web-based system to provide comments in which case the A-E shall provide responses using the same system.

6) All review comments shall be incorporated into the work prior to the next submittal, unless the reviewer directs the A-E to disregard the comment. In this event the A-E shall send a memo reporting the directive to the Task PO and Task CO.

7) The A-E shall provide a written reply to all comments with the next submission on the Review Comment forms. If the A-E intends to disregard a comment, the A-E shall provide a written explanation of variance with the comment to the Task PO within seven (7) calendar days after receipt of the Government review comments.

8) At the option of the Government, the Task PO may request on-board review of submittal of progress prints to insure that progress is being sustained.

9) The A-E may request on-board reviews. These reviews shall be at the discretion of the Task PO.

Q. PROJECT CONTACT PERSONS

1) Master Contract / Overall Project

a) CONTRACT CONTRACTING OFFICER (CONTRACT CO) (overall authority in all matters for the master contract / overall project):

TBD

National Institutes of Health AE-CCB, Office of Acquisition, ORF 13 South Drive, MSC 5711 Building 13, Room TBD Bethesda, Maryland 20892 Telephone: TBD

b) CONTRACT PROJECT OFFICER (CONTRACT PO) (Facility Project Management and the Contract Contracting Officer's Technical Representative (COTR) for the master contract / overall project):

TBD

National Institutes of Health Capital Project Branch, ORF 13 South Drive, MSC 5759 Building 13, Room tbd Bethesda, Maryland 20892 Telephone: TBD

The Government point of contact will be the Contract PO and the A-E point of contact will be the Contract Project Manager, as described below, for the master contract / overall project. All correspondence regarding the master contract / overall project shall only be issued either through the Contract PO or the Contract Project Manager.

2) Individual Tasks

a) TASK CONTRACTING OFFICER (TASK CO) (authority in matters for individual tasks):

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Task CO shall be as specified by individual task orders.

b) TASK PROJECT OFFICER (TASK PO) (Facility Project Management and the Task Contracting Officer's Technical Representative (COTR)…