FinalCMcSoliciation2-4-10.pdf

RFP Number : NIHOF2010205

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RFP TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

ARTICLE B.2. GUARANTEED MAXIMUM PRICE (GMP)

ARTICLE B.3. BUY-OUT CONTINGENCY

ARTICLE B.4. CONSTRUCTION CONTINGENCY

ARTICLE B.5. OWNER CONTINGENCY

ARTICLE B.6. BID SUMMARY

SECTION C - STATEMENT OF WORK

ARTICLE C.1. BACKGROUND

ARTICLE C.2. PROJECT DESCRIPTION AND SCOPE

ARTICLE C.3. COMPLEXITY OF WORK AND CONSTRAINTS

ARTICLE C.4. HOURS OF OPERATION

ARTICLE C.5. NON SMOKING CAMPUS

ARTICLE C.6. PROJECT GOALS

ARTICLE C.7. DEFINITIONS

ARTICLE C.8. CONSTRUCTION MANAGER AS CONSTRUCTOR AT RISK (CMc@R) GENERAL

SERVICES

C.8.1 GENERAL COORDINATION AND PERFORMANCE REQUIREMENTS

C.8.2 UNITS OF MEASURE

C.8.3 APPLICABLE CRITERIA

ARTICLE C.9. CMc@R CONTRACT PHASES

C.9.1 PRECONSTRUCTION PHASE SERVICES

C.9.1.1 CONSTRUCTABILITY REVIEWS

C.9.1.2 COST ESTIMATES

C.9.1.3 PROBLEM SOLVING

C.9.1.4 PRELIMINARY CONSTRUCTION SCHEDULE

C.9.1.5 BUILDING INFORMATION MODEL (BIM)

C.9.1.6 LONG LEAD ITEMS

C.9.1.7 QUALITY CONTROL PLAN

C.9.1.8 PRELIMINARY SAFETY PLAN

C.9.1.9 SECURITY PLAN

C.9.1.10 PROJECT MANUAL

C.9.1.11 VALUE ENGINEERING SESSION

C.9.1.12 BUY OUT PLAN FOR THE FINALIZATION OF THE CONTRACTUAL GMP

C.9.1.13 GUARANTEED MAXIMUM PRICE (GMP)

C.9.2 CONSTRUCTION PHASE SERVICES

C.9.2.1 GENERAL REQUIREMENTS

C.9.2.2 CONSTRUCTION SITE FIELD OFFICE

C.9.2.3 CONSTRUCTION PROJECT UTILITIES

C.9.2.4 RECORDS/REPORTS

C.9.2.5 MAINTAINING RECORDS AT THE JOB SITE

C.9.2.6 PROJECT SCHEDULE CONTROL

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C.9.2.7 MEETINGS

C.9.2.8 SUBMITTALS

C.9.2.9 INSPECTIONS AND TESTS

C.9.2.10 REQUESTS FOR INFORMATION

C.9.2.11 BUILDING INFORMATION MODEL (BIM)

C.9.2.12 AS-BUILT DRAWINGS

C.9.2.13 HEALTH AND SAFETY PLAN

C.9.2.14 MAINTENANCE OF INSTALLED EQUIPMENT

C.9.2.15 INSPECTIONS AND TESTS

C.9.2.16 TRAINING

C.9.3 COMMISSIONING PHASE SERVICES

C.9.4 PROJECT CLOSE OUT PHASE SERVICES

C.9.4.1 AS-BUILTS

C.9.4.2 OPERATIONS AND MAINTENANCE MANUALS

C.9.4.3 TRAINING

C.9.4.4 STOCK ITEMS/PARTS/SPECIAL TOOLS

C.9.4.5 BIM TURNOVER

C.9.4.6 WARRANTIES AND GUARANTEES

C.9.5 OCCUPANCY/ACTIVATION PHASE (BY THE GOVERNMENT)

C.9.5.1 COORDINATION

ARTICLE C.10. PROJECT MANAGEMENT PLAN

C.11.1 PERSONNEL UTILIZATION

C.11.2 ACCEPTANCE AND QUALIFICATIONS

C.11.3 SPECIAL PERSONNEL QUALIFICATIONS

C.11.4 FAILURE TO PROVIDE QUALIFIED PERSONNEL

C.11.5 KEY PERSONNEL

SECTION D - PACKAGING, MARKING AND SHIPPING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.1. HUMAN SUBJECTS

ARTICLE H.2. NEEDLE EXCHANGE

ARTICLE H.3. PRESS RELEASES

ARTICLE H.4. RESTRICTION ON EMPLOYMENT OF UNAUTHORIZED ALIEN WORKERS

ARTICLE H.5. SUBCONTRACTING PROVISIONS

ARTICLE H.6. ACCESS TO NATIONAL INSTITUTES OF HEALTH (NIH) ELECTRONIC MAIL

ARTICLE H.7. CONFIDENTIALITY OF INFORMATION

ARTICLE H.8. WAGE RATES

ARTICLE H.9. INSURANCE

ARTICLE H.10. HEALTH AND SAFETY PLAN

H.10.1 CONTRACTOR REQUIREMENTS

H.10.2 WAIVER FROM NIH IMPOSED CONTRACTOR HEALTH AND SAFETY REQUIREMENTS

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H.10.3 NIH REQUIRED SAFETY TRAINING MANDATE

H.10.4 CONTRACTOR SUPERVISOR ORIENTATION

H.10.6 CONTRACTOR FULLY RESPONSIBLE FOR SITE SAFETY

H.10.9 SITE SAFETY AND HEALTH OFFICER DEFINITIONS

H.10.10 GENERAL OBLIGATIONS

H.10.11 ACCIDENT PREVENTION

H.10.12 CONTRACTOR INJURIES AND ILLNESSES

H.10.13 NIH RIGHTS

H.10.14 SPECIFIC SAFETY PROVISIONS

ARTICLE H.11. SECURITY

H.11.1 CONTRACTOR RESPONSIBILITY

H.11.2 CONTRACTOR SECURITY PLAN

H.11.3 CONTRACTOR PERSONNEL

H.11.4 SECURITY PROCEDURES

ARTICLE H.12. OTHER ON-SITE REQUIREMENTS

H.12.1 NON-INTERRUPTION OF GOVERNMENT ACTIVITIES

H.12.2 UTILITY SHUTDOWSN

H.12.4 MATERIAL DELIVERY, STORAGE AREAS AND DEBRIS REMOVAL

H.12.5 FIRE PREVENTION

H.12.6 ENVIRONMENTAL

H.12.7 MOTOR VEHICLE AND PARKING REGULATIONS

H.12.8 DESIGNATED CONSTRUCTION TRAFFIC ROUTE

H.12.9 GROUNDS, ROADS AND WALKWAYS

H.12.10 PARKING REGULATIONS

H.12.11 SANITATION AND FOOD SERVICES

H.12.12 DOCUMENT CONTROL

H.12.13 COMMUNICATIONS

H.12.14 RELEASE OF INFORMATION

PART II - CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

SOLICITATION ATTACHMENTS

TECHNICAL PROPOSAL 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. NAICS CODE AND SIZE STANDARD

c. TYPE OF CONTRACT AND NUMBER OF AWARDS

d. PRE-PROPOSAL CONFERENCE

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e. BRAND NAME OR EQUAL

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. Proposal Summary and Data Record (NIH-2043)

4. Separation of Technical and Business Proposals

5. Alternate Proposals

6. Evaluation of Proposals

7. Potential Award Without Discussions

8. Use of the Metric System of Measurement

9. Privacy Act - Treatment of Proposal Information

10. Selection of Offerors

11. Past Performance Information

12. Notice of Required Use of American Iron, Steel, and Other Manufactured Goods-Buy American Act- Construction Materials

13. Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act-- Construction Materials under Trade Agreements

14. Solicitation Provisions Incorporated by Reference

b. TECHNICAL PROPOSAL INSTRUCTIONS

1. Technical Discussions

2. Other Considerations

3. Technical Evaluation

c. BUSINESS PROPOSAL INSTRUCTIONS

1. Basic Cost/Price Information

2. Proposal Cover Sheet

3. Information Other than Cost or Pricing Data

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

5. Small Business Subcontracting Plan

6. HUBZone Small Business Concerns

7. Extent of Small Disadvantaged Business Participation

8. Total Compensation Plan

9. Other Administrative Data

10. Subcontractors

11. Proposer's Annual Financial Report

12. Travel Costs/Travel Policy

SECTION M - EVALUATION FACTORS FOR AWARD

1. GENERAL

2. MINIMUM QUALIFICATIONS CRITERIA - "GO-NO-GO" REQUIREMENTS

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4. OTHER EVALUATION CRITERIA

5. PRICE EVALUATION

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SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The National Institutes of Health (NIH or Owner) is seeking to obtain the services of a Construction Manager as Constructor (CMc, also referred to as Offeror or Contractor). Independently, and not as an agent of the Government, the Contractor shall provide all labor, materials, supervision, coordination, appliances, equipment, transportation, and any other element or item, as required for full and complete execution of the work in accordance with the specifications and drawings for the project.

ARTICLE B.2. GUARANTEED MAXIMUM PRICE (GMP)

As part of the award competition, the CMc shall prepare and propose a Guaranteed Maximum Price (GMP). The fixed negotiated GMP will be the contract fixed price. The GMP proposal shall be the sum of the estimated cost of the work, the CMc's fee, the Construction Contingency and Buy-out Contingency for Construction Phase activities. The GMP will also include an Owner's Contingency. The final amount of the Owner's Contingency will be identified by the Government before Award.

ARTICLE B.3. BUY-OUT CONTINGENCY

The CMc shall include a Buy-out Contingency within the GMP proposal. This contingency shall cover additional costs in adjustments of the Subcontractor buy-out resulting from clarifications during the Pre-construction phase.

This contingency will not be used to cover the costs of changes in scope, which shall be incorporated via a bilateral modification to the contract.

During the buy-out of each subcontract, the CMc shall prepare a spreadsheet showing the scope of work to be purchased and the subcontractor bids. This spreadsheet shall be accompanied by a letter, with the recommended bidder for award, as well as justification for award if the recommended bidder is not the lowest bid. The CMc shall not award any subcontract prior to receiving written approval from the CO. Further, any adjustments to the Buy-out Contingency shall not be made prior to receiving written approval from the CO. The Government retains the right of refusal on first and second tier subcontractors and will provide a timely reply in writing to the CMc if the Owner knows of any objection to such subcontractor or supplier.

At the completion of the final buy-out, any surplus in the Buy-out Contingency shall be used to increase the Construction Contingencies amount though a formal contract modification.

ARTICLE B.4. CONSTRUCTION CONTINGENCY

The CMc shall include a Construction Contingency within the GMP proposal. This contingency will be in the form of an allowance for the use of the CMc to cover costs resulting from the following:

• Overtime and/or acceleration costs.

• Defaults.

• Buy-out omissions.

• Weather protection that would not have been reasonaby anticipated during the preparation of the GMP.

• Additional security measures.

• Adverse weather conditions in excess of lost days due to weather as described by NOAA Five-Year averages for the region.

The CMc is required to submit a proposal to the Contracting Officer pursuant to the Change requirements. Requests for increases in the Construction Contingency will not be entertained

The Government will share with the CMc any savings at the completion of the contract and an executed Release of Claims. The Government will receive 60% and the CMc 40% of any savings. The Government's portion of the Construction Contingency shall be returned to the Government in the form of a deductive Change Order.

The CMc shall include with the GMP proposal a written statement of its basis, which shall include:

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• A list of the drawings and specifications, including all addenda and the conditions of the Contract, which were used in preparation of the GMP proposal.

• A list of the clarifications and assumptions made by the CMc in the preparation of the GMP proposal to supplement the information contained in the drawings and specifications.

• The proposed Guaranteed Maximum Price, including a statement of the estimated cost organized by trade categories, allowances, contingencies and other items and the fee that comprised the GMP.

• The date of Substantial Completion and Final Completion upon which the proposed GMP is based, and a schedule of Construction Documents issuance dates upon which the date of Substantial Completion is based.

After award in the Pre-construction Phase Services the CMc shall actively participate with the Government in value engineering studies, subcontractor bid and buy out, including pricing, as required to arrive at a final acceptable GMP.

The approved GMP for this contract type represents the "fixed price" for the contract award.

ARTICLE B.5. OWNER CONTINGENCY

The Owner's contingency is not part of the GMP and is controlled exclusively by the Government. This contingency will be in the form of an allowance available to the government for the costs of changes directed by the Contracting Officer.

Upon delivery and acceptance of the services 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:

ARTICLE B.6. BID SUMMARY

B.6.1 SUMMARY OF PRICE BY PHASE OF SERVICES

DESCRIPTION OF SERVICES BY

PHASES

MONTHS OF EFFORT FOR

COMPLETION OF WORK

PRICE

Preconstruction Phase 2 months $

Construction Phase 36 months

Commissioning Phase 2 months $

Occupancy/Activation Phase $ N/A*

Project Close Out Phase 2 months $

* CMc contractor will cooperate and coordinate with the Government for this effort.

B.6.2 BREAKDOWN OF PRICE BY PHASE

The offeror shall complete the pricing schedules in Section J for each phase of services. In addition to providing a breakdown for each phase of service, the offeror shall prepare a pricing summary sheet for all phases.

ARTICLE B.7. ADVANCE UNDERSTANDINGS

Specific elements of cost, which normally require prior written approval of the Contracting Officer before incurrence of the cost (e.g., foreign travel, consultant fees, subcontracts) will be included in this Article if the Contracting Officer has granted his/her approval prior to contract award.

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SECTION C - STATEMENT OF WORK

ARTICLE C.1. BACKGROUND

As a part of the Department of Health and Human Services, the National Institutes of Health (NIH) is the Federal Government's primary biomedical research agency. Its mission is science in pursuit of fundamental knowledge to extend healthy life and reduce the burdens of illness and disability. Helping to lead the way towards medical discoveries that improve people's health and save lives, the NIH scientist investigate ways to prevent disease as well as the causes, treatments, and even cures for common and rare diseases. Composed of 27 Institutes and Centers, the NIH provides leadership and financial support to researchers in every state and throughout the world.

The National Institutes of Health (NIH or Owner) is seeking to obtain the services of a Construction Manager as Constructor (CMc, also referred to as Offeror or Contractor). Independently, and not as an agent of the Government, the Contractor shall provide all labor, materials, supervision, coordination, appliances, equipment, transportation, and any other element or item, as required for full and complete execution of the work in accordance with the specifications and drawings for the project.

Drawings and Specifications for this Project

The drawings and specifications placed on the Federal Business Opportunities, fbo.gov on December 7, 2009 are obsolete and should not be used for responding to this requirement. Interested parties may acquire the GMP Bid Set 100% drawings and specifications dated January 29, 2010 from American Reprographics: print@amerepro.com for a fee. This printer will provide two (2) CDs that will contain documents equivalent two (2) volumes of three inch thick on 8 ½ x 11" specifications, a geotechnical report and approximately 960 pages of drawings. The CDs will have a restrictive code and hard copies must be made by American Reprographics. The drawings and specifications are subject to revisions to accommodate requirements such as LEED, sustainability issues, and tenant requests.

NIH is requiring the recipients of the CDs and/or hard copies to sign a nondisclosure statement and to show picture identification prior to release of the CDs and/or hard copies. The government will not incur and/or reimburse any costs in connection with these documents and/or other expenses incurred by interested parties.

The selection of this CMc will be a best value procurement based upon qualifications, demonstrated successful past performance, and a Guaranteed Maximum Price (GMP). As part of the award competition, the CMc shall prepare and propose a target GMP which shall be the sum of the estimated cost of the work, the CMc's fee and the Construction Contingency. The GMP for this contract type represents the "fixed price" for the contract award.

ARTICLE C.2. PROJECT DESCRIPTION AND SCOPE

The building project is the Phase II addition to the existing John Edward Porter Neuroscience Research Center (PNRC) on the NIH campus in Bethesda, Maryland. The site is located on the west side of the campus between Old Georgetown Road, South Drive, Lincoln Drive, and Convent Drive. Currently, Porter Phase I (Building 35) is operational, and will continue to be throughout the construction process for Phase II. The programmed gross square footage for Phase II is 307,245 sq. ft.

Phase II will expand the Vivarium facility currently operating in Phase I, as well as provide Behavioral, Tissue Culture and Electrophysiology Laboratories, and Lab Support spaces with associated Break Rooms, Meeting Rooms, Offices, and lockers. Phase II will also contain an Imaging Suite. Non-Laboratory areas will contain seminar rooms, conference rooms, and a café.

NIH intends to issue a separate RFP for a Construction Quality Manager (CQM) to provide services to assist the NIH Project Officer in the oversight and management of the performance of the A/E and the CMc in the projects for PNRC

II.

The Government will also conduct a Coordinated Occupancy / Activation Phase to equip and move occupants into the new facility. The CMc shall coordinate their activities as required with the Government's Occupancy Phase. It is anticipated that the CQM shall have primary responsibility for the tasks to be carried out during the Occupancy and Activation Phase.

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ARTICLE C.3. COMPLEXITY OF WORK AND CONSTRAINTS

This is an ARRA funded project and as such the funds have to be fully obligated by September 30, 2010 and disbursed by September 30, 2015.

The project is the construction of a large scale modern medical research facility. They include varied and non-conventional finishes and extremely complex mechanical and electrical systems, which result in very "dense" construction. This construction will involve high density of skilled trades working in a relatively small space; hence the need for extremely effective coordination and scheduling. Facilities of this type are by nature highly complex and require extraordinary care and coordination to assure a successful completion. This particular project is especially complex due to the following features:

• LEED certified design with state-of-the-art highly efficient mechanical systems and recycling of most of the construction waste materials. The NIH Division of Environmental Protection (DEP) will pay for the rental, pull and tipping fees for the roll offs for projects that produce construction debris for LEEDS certification projects to have the debris reused or recycled. The CMc is not required to have several roll offs on site to collect different types of materials except for scrap metal. The scrap metal needs to be free from trash or other debris for the scrap metal vendor to accept it. If the CMc communicates that they will have a lot of scrap metal NIH will provide a separate roll off for the collection of the metal. It is up to the CMc or their subcontractors to separate the metal and place it in the correct roll off. Construction debris is collected in one roll off. If the volume is such that more than one roll off is necessary then the CMc contractor can supply more than one. The construction debris is placed in the roll off by the CMc or their subcontractors. It does not need to be sorted other than the scrap metal mentioned and the elimination of trash (literally anything that cannot be considered construction debris). The NIH contractor hauls it to a sorting facility in MD, weighed and the contents are dumped onto a tipping floor. The sorting facility uses various mechanical methods to separate the different commodities and then assesses each separate pile as a percentage of the load. It is the responsibility of the CMc contractor to place items in the roll off that are considered reusable or recyclable. The CMc will be responsible for the contracting, scheduling, coordinating, and pulls and will pay all costs associated with providing dumpsters for all non recyclable trash.

• The construction is going to take place on the NIH campus which has restricted access; extremely limited parking and very little construction lay down space.

• The NIH requires that contractors provide off-site parking and shuttle service for their workers for the duration of their project. This cost shall be borne by the contractor. Construction workers are strictly prohibited from parking their personal vehicles on the NIH campus.

• Properly marked company vehicles and equipment required in the performance of their project shall be permitted to park within their approved staging areas. Personal vehicles are prohibited from parking within the staging areas.

• The site is also is surrounded by urban neighborhoods that are sensitive to construction activities, particularly noise and truck traffic and thus has restrictions on work hours. The surrounding neighborhoods are very sensitive to contractor personnel parking on the residential streets. The contractor shall take appropriate measures to restrict parking by contract employees in the surrounding neighborhoods.

• Security - coordination of construction requirements within the operating NIH campus traffic and pedestrian patterns.

• The contractor must also not interrupt any of the NIH Governmental activities in the performance of his work;

including the adjacent existing Porter Phase 1. Building 35 which abuts against this new work, will share some common systems, is operational, and will continue to conduct sensitive scientific research throughout the construction process.

ARTICLE C.4. HOURS OF OPERATION

The Contractor will be permitted to work on the job at the NIH during the regular hours of 7:00 AM to 5:00 PM Monday through Friday, except the following holidays (some are observed on preceding Friday or following Monday when they occur on Saturday or Sunday):

New Years Day Inauguration Day (certain years)

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Martin Luther King's Birthday Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day

Work at any other time including holidays must be scheduled and requested in advance, approved in writing by the Contracting Officer and the schedule delivered to the NIH Special Police prior to start of work.

ARTICLE C.5. NON SMOKING CAMPUS

The NIH has been declared as a Non Smoking Campus. Smoking is not allowed on the NIH property; including construction sites.

ARTICLE C.6. PROJECT GOALS

• To provide a reliable, efficient, flexible, and adaptable facility that best suits its unique user requirements.

• To develop a functional and conducive neuroscience research facility to ensure an environment that attracts and retains world- class researchers.

• To execute the Project as defined in the contract documents at the most reasonable cost to the Government.

• To complete the Project in the most efficient, safe and expeditious manner.

• To minimize the disruption caused by the Project to ongoing NIH functions and to the neighborhoods surrounding the

NIH.

ARTICLE C.7. DEFINITIONS

The following definitions shall apply:

1. The acronym "NIH" shall be defined as the National Institutes of Health.

2. The acronym 'PNRC " shall be defined as the existing John Edward Porter Neuroscience Research Center (PNRC) on the NIH campus in Bethesda,

3. The acronym 'PNRC II" shall be defined as the Phase II addition to the existing John Edward Porter Neuroscience Research Center (PNRC) on the NIH campus in Bethesda,

4. The acronym "CQM" shall be defined as the Construction Quality Manager.

5. The acronyms "CMc", and "Contractor" shall be defined as Construction Manager as Constructor and Construction Manager as Constructor at Risk (CMc@R).

6. The acronym "A/E" shall be defined as the Architectural/Engineering Design Consultants; also defined as "P+W" or "Perkins and Will LCC"

7. The term "Project" shall be defined as the Phase II addition to the existing John Edward Porter Neuroscience Research Center (PNRC) on the NIH campus in Bethesda,

8. The acronym "CO" shall be defined as the NIH Contracting Officer

9. The acronym "OA" shall be defined as the Office of Acquisition

10. The acronym "PO" shall be defined as the NIH Project Officer also known as the Contracting Officer's Technical Representative (COTR)

11. The acronym "ORS" shall be defined as NIH's Office of Research Services.

12. The acronym "ORF" shall be defined as NIH's Office of Research Facilities Development and Operations.

13. The acronym "DPM" shall be defined as NIH's Division of Property Management

14. The acronym "DTR" shall be defined as NIH's Division of Technical Resources

15. The acronym "CPB" shall be defined as NIH's Capital Projects Branch

16. The acronym 'ARRA" shall be defined as The American Recovery and Reinvestment Act of 2009

17. The acronym 'LEED" shall be defined as Leadership in Energy and Environmental Design; a rating system devised by the United States Green Building Council

18. The acronym 'BIM" shall be defined as Building Information Modeling; the process of generating and managing building data during its life cycle

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19. The acronym 'EV" shall be defined as earned value

20. The term "Bid Contingency or Buy-Out Contingency" shall be an allowance for additional costs of the Subcontractor buy-out resulting from clarifications during the Pre-construction phase.

21. The term "Construction Contingency" shall be defined as an allowance for the use of CMc to cover costs resulting from overtime and/or acceleration costs, defaults, buy-out omissions, weather protection, additional security measures, etc.

22. The term "Owner Contingency" shall be defined as an allowance available to the Government to cover the cost of scope changes.

23. The term " Target GMP" (also Award GMP, Proposal GMP and/or GMP Proposal, all of which are used interchangeably with Target GMP) shall be defined as the CMc's "Guaranteed Maximum Price" for the work defined in the RFP and shall include fee, General Conditions, estimated cost of the work, Bid Contingency, Construction Contingency, and Owner's Contingency.

24. The term 'Final GMP' shall be defined as mutually administered and finalized contractual GMP

25. The term "EMR" shall be defined as experience modification ratio

26. The term "Notice to Proceed" shall be defined as the Notice to Proceed with the work defined in the NRP and as Issued by the CO.

27. The term "Project Team" shall be defined as the CO, COTR, A/E, CQM, and CMc

28. The term 'Substantial Completion" shall mean the project building (or a specified portion) is complete to the extent it can be occupied or used for its intended purpose in accordance with contract and/or regulatory requirements

29. The term 'Warranty" shall mean Contractor warrants, except as provided in paragraph that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

30. The term 'Commissioning" or "Cx" shall mean the process of ensuring that all building systems perform interactively according to the design intent, the systems are efficient and cost effective and meet the Government's operational needs.

31. The term "Endurance Period" shall mean the Period after the successful completion of most system related FPTs while critical spaces are challenged by both the Government and the Cx to assess final functionality. The Endurance Period generally starts with the completion of all FPTs with the exception of those ISFPTs that are approved to occur during the Endurance Period. It ends after the successful operation of the space and supporting systems for a contiguous 30 day period. The end of the Endurance Period coincides with Substantial Completion.

ARTICLE C.8. CONSTRUCTION MANAGER AS CONSTRUCTOR AT RISK (CMc@R)

GENERAL SERVICES

The Construction Manager as Constructor (CMc) accepts the relationship of trust and confidence established with the Government by this contract, and covenants with the Government to furnish the CMc's reasonable skill and judgment and to cooperate with the Architect/Engineer (A/E) and the Construction Quality Manager (CQM) in furthering the best interests of the Government. The CMc shall furnish construction administration and management services and use the CMc's best efforts to perform the project in an expeditious and economical manner consistent with the interests of the Government. The Government shall endeavor to promote harmony and cooperation among the Government, A/E, CQM, CMc and other persons employed by the Government for the project.

Construction Manger as Constructor at Risk (CMc@R) -The NIH is seeking to obtain the services of Construction Manager as Constructor (CMc) at Risk. Independently, and not as an agent of the Government and upon acceptance of a GMP, the Contractor shall provide all labor, materials, supervision, coordination, appliances, equipment, transportation, and any other element or item, as required for full and complete execution of the work in accordance with the specifications and drawings for the project.

The Phase II 100% Contract Documents completed by an architectural engineering firm in 2008; were reviewed and checked by the NIH; but because of funding issues the project did not go to bid or construction. Some reprogramming and redesign of the spaces will be required because of changes in some user assignments. These existing Phase II Contract Documents are being reviewed for conformance to the most recent NIH Design Guidelines and will require some additional revisions to comply with the ARRA for Energy Efficient Buildings and Sustainable Design and Construction requirements. These existing 100% documents were placed on the Federal Business Opportunities (fbo.gov) on December 7, 2009 as a part of NIH's Advance Notice. They have been revised and are now obsolete and should not be used for responding to this solicitation requirement. Interested parties may acquire the GMP Bid Set 100% drawings and specifications dated January 29, 2010 from American Reprographics at print@amerepro.com mailto:print@amerepro.com

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The CMc will function as a collaborative member of the project team. The CMc must maintain a team with the ability and expertise to manage and coordinate the timely and orderly execution of the project. The CMc shall provide the Project Team with sound management advice regarding the approach to the project, how to achieve the best value, promote construction safety, security, minimize disruptions to on-going operations, schedule approach and controls, budgeting and cost management, and problem prevention and unnecessary risk avoidance. The CMc shall have the complete responsibility for the construction of the facility.

(1) The NIH requires the Offeror to provide all personnel, and equipment to perform the supervisory and administrative services and all subcontracted and self-performed labor, materials and equipment to perform the construction effort, as defined by the plans and specifications and as summarized in the contract documents.

(2) The services described or specified shall not be deemed to be all encompassing having the effect of excluding services not specifically mentioned but necessary to execute the contract.

(3) The Scope of Work as specified herein is general in nature and is not intended to be all inclusive. The Offeror is required to perform all requirements identified in the plans and specifications and as noted herein. Where there is a conflict the Specifications shall govern.

It is the intent of the Government to utilize electronic documentation and email as much as feasible and practical for all communications, reports and records in the design and construction of this project. The CMc shall provide all required submissions in the applicable, as designated electronic format as designated in the drawings, specifications and/or contract, along with the required hard copies.

C.8.1 GENERAL COORDINATION AND PERFORMANCE REQUIREMENTS

The A/E team has developed the construction documents in a Building Information Modeling (BIM) electronic format. The CMc will be provided with the Electronic CAD files prepared by the A/E and will be required to create and maintain a complete and full Construction BIM Model. The CMc shall keep this BIM model current through the construction project and at the completion of the project shall deliver this BIM model to the government.

The CMc shall consult with the Government, A/E and CQM regarding site use and improvements, and the selection of materials, building systems and equipment. The CMc shall take active participation and responsibility for identifying and prioritizing elements of work within the project that are to be part of the scope of work for the facility.

The CMc shall provide recommendations on construction feasibility, actions designed to minimize adverse effects of labor or material shortages, time requirements for procurement, installation and renovation/construction completion;

and factors related to construction cost including estimates of alternative designs or materials, preliminary budgets, and possible economies.

The project has been designed to conform to 'LEED" Leadership in Energy and Environmental Design; guidelines;

a rating system devised by the United States Green Building Council, As such it contains sustainability and energy efficient features and will require recycling of most construction waste materials.

Earned Value. The CMc shall provide with their Schedule a Monthly Total Invoice Amount with a corresponding description of Work to be delivered for that amount. This Monthly Invoice Amount along with the Narrative description of delivered work and milestone shall be used as the Baseline for delivery of work. The Actual invoice amount and delivered work will be measured against this baseline.

C.8.2 UNITS OF MEASURE

The Contractor shall prepare contract documents, shop drawings and as builts and shall construct the facility using:Metric (International System) units of measurement: The Contractor and his subcontractors shall use the metric (international system) units of measurement on all new NIH buildings and improvements or existing NIH buildings or improvements that were designed and constructed under the metric system. If Metric System is used, Building and Room dimensions shall be exact multiples of 10mm.

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C.8.3 APPLICABLE CRITERIA

All work prepared under this contract shall comply with the Design Policy and Guidelines: 2003-2006, which are available on the web at:

http://orf.od.nih.gov/PoliciesAndGuidelines/BiomedicalandAnimalResearchFacilitiesDesignPoliciesandGuidelines/

ARTICLE C.9. CMc@R CONTRACT PHASES

The NIH requires the Offeror to provide all personnel, and equipment to perform the supervisory and administrative services and all subcontracted and self-performed labor, materials and equipment to perform the construction effort, as summarized below.

The proposed project schedule will be developed by the Construction Management constructor at risk contractor. This schedule will be reviewed, verified and approved by NIH in partnership with the A/E Design Consultants and the CQM.

For planning purposes, we anticipate a construction period of approximately 36 months. The CMc@R contract shall be separated into five phases as follows:

1. Preconstruction Phase

2. Construction Phase

3. Commissioning Phase

4. Project Close Out Phase

5. Occupancy/Activation Phase

The Government will also conduct a Coordinated Occupancy / Activation Phase, under a separate contract with the Construction Quality Manager (CQM), to equip and move occupants into the new facility. The CMc shall coordinate their activities as required with the Government's Occupancy Phase which shall span from the late construction phase through the commissioning and project close out phases.

Other Services - The services described here-in are not a complete list of the services the CMc will be required to perform. Throughout the construction phase the CMc will perform or assist NIH in performing various other tasks.

Examples of other tasks may include recommending solutions to delay problems encountered, and any or all services associated with the design and renovation of the facility.

C.9.1 PRECONSTRUCTION PHASE SERVICES

The CMc shall provide, without limitation, the following general Preconstruction Phase Services:

C.9.1.1 CONSTRUCTABILITY REVIEWS

Drawings and Specifications for this Project

The drawings and specifications placed on the Federal Business Opportunities, fbo.gov on December 7, 2009 as part of NIH's Advance Notice are obsolete and should not be used for responding to this requirement. Interested parties may acquire the GMP Bid Set 100% drawings and specifications dated January 29, 2010 from American Reprographics: print@amerepro.com for a fee. This printer will provide two (2) CDs that will contain documents equivalent two (2) volumes of three inch thick on 8 ½ x 11" specifications, a geotechnical report and approximately 960 pages of drawings. The CDs will have a restrictive code and hard copies must be made by American Reprographics. The drawings and specifications are subject to revisions to accommodate requirements such as LEED, sustainability issues, and tenant requests. NIH is requiring the recipients of the CDs and/or hard copies to sign a nondisclosure statement and to show picture identification prior to release of the CDs and/or hard copies. The government will not incur and/or reimburse any costs in connection with these documents and/or other expenses incurred by interested parties.

Within twenty one (21) calendar days after Notice to Proceed, the CMc shall provide a constructability review of the design documents consisting of the following primary elements:

http://orf.od.nih.gov/PoliciesAndGuidelines/BiomedicalandAnimalResearchFacilitiesDesignPoliciesandGuidelines/

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a. Materials, processes, equipment and labor are appropriate, available, non-proprietary and comply with the Buy American Act provisions.

b. Drawings are complete and coordinated among disciplines.

c. Defects, conflicts, ambiguities or lack of clarity in documents are identified for correction.

d. Drawings are coordinated for multiple bid packages if required.

e. The Site accommodates access, logistics and storage.

f. Identification of any existing conditions not shown correctly and adequately.

g. All required construction work is included in the contract documents.

h. Selected building systems are compatible and viable.

i. Construction details are workable.

j. General condition items are properly addressed (if applicable).

k. Material and equipment can be purchased in full compliance with the ARRA Buy American Act.

The CMc will consolidate all design review comments into a single design review report. The CMc shall include as part of the Constructability Report recommendations on how to correct any problems identified during the review. The CMc will advise the CO immediately of any problem which the CMc considers beyond its ability to resolve, particularly problems which have the potential for jeopardizing the project goals relating to the schedule, cost quality or scope.

The report will be submitted to the Project Officer for review by the Government and transmission by the CO to the A/ E for action.

C.9.1.2 COST ESTIMATES

The CMc shall provide independent cost estimates when required, and recommend any procedures that will maximize the available funds for the project.

C.9.1.3 PROBLEM SOLVING

The CMc will assist the Government in problem resolution during the Construction Documents and bidding phases.

The CMc will make recommendations on how to correct problems with respect to constructability, cost estimates and other administrative or technical matters, and will notify the A/E, the CQM and the Government in writing of any errors or omissions found. Routine design problems and issues can usually be resolved directly between the A/E, CQM and CMc unless contractual matters are involved. The CMc should not take any action, however, that impinges on the A/ E's professional and contractual responsibility for the design of the project. The CMc will advise the Project Officer immediately of any problem which the CMc considers beyond it's ability to resolve, particularly problems which have the potential for jeopardizing the project goals relating to the schedule, cost, quality or scope. The Government shall serve as the sole decision maker of disputes between the A/E, CQM and CMc.

C.9.1.4 PRELIMINARY CONSTRUCTION SCHEDULE

Develop preliminary construction schedule, including activities for Preconstruction services. The proposed project schedule will be developed by the CMc using Primavera Scheduling software. This schedule will be reviewed, verified and approved by NIH in partnership with the A/E Design Consultants and the CQM. Within 14 days after Notice to Proceed has been issued, The CMc shall hold a scheduling conference with the design team to refine the preliminary schedule submitted as part Offeror's proposal. At this meeting the CMc will provide a high level coding structure for breaking the project down into the construction phases and manageable parts. The CMc shall also provide a draft schedule for the first 90 days of the contract. Using the information and comments received from the scheduling conference, the CMc shall provide a detailed schedule for review and approval within 14 days after the conference.

The Monthly Total Invoice Amount (Earned Value) with Narrative shall be submitted with the detailed schedule.

C.9.1.5 BUILDING INFORMATION MODEL (BIM)

The CMc shall create and maintain a comprehensive Building Information Model (BIM) using electronic files, hard copy drawings, shop drawings and other required information for construction of the project, prior to any physical construction work, and continue Building this Model ahead of any actual construction progress. The construction contractor shall be responsible for the development and creation of Revit/BIM Model for construction and shall keep it current through the construction project. The information and shop drawings by all trades, field changes, and any other as-built condition shall be incorporated into the BIM model. The construction contractor shall provide a presentation of the BIM model and report status of work at regular construction progress meetings. At the completion

- 15 -of project the construction contractor shall deliver the BIM model to the government. The official information for contractor to build the required BIM model is the paper version of the Construction Documents (drawings and specifications) bearing the Architect's seal. The construction contractor will be provided with hard copy signed and sealed A/E documents for construction. The construction contractor will also be provided with the Electronic CAD files including any REVIT/BIM model prepared by the A/E.

The A/E shall not be responsible for the BIM model. The BIM model provided by A/E is for information only, and the construction contractor may use the file in assisting with creating Construction BIM model at their own risk. The use of any of these electronic files provided by the A/E or the Owner to the construction contractor in preparation of the Construction BIM model will be at the Construction Contractor's sole risk and the construction Contractor shall indemnify, defend and hold the Architect harmless from any and all claims, losses, damages, and costs (including but not limited to reasonable attorneys' fees and professional and administrative time at regular hourly rates) in any way arising out of or in connection with the use of the CAD files and any BIM files.

C.9.1.6 LONG LEAD ITEMS

Recommend to the Owner, A/E and CQM a schedule for procurement of long-lead items which will constitute part of the Work as required to meet the Project Schedule. The CMc shall expedite the delivery of all long-lead items.

C.9.1.7 QUALITY CONTROL PLAN

The CMc shall prepare and maintain a Quality Control Plan (QCP) to address all quantitative performance/ specification requirements, installed conditions and operating characteristics. The QCP is intended to document those inspections/tests necessary to assure the Government that product delivery, quality and performance are as required.

It also serves as an inspection and coordination tool between the Government and the CMc.

For each performance requirement, the QCP shall identify the following: item/system to be tested, exact test(s) to be performed, measured parameters, inspection/testing organization and the stage of construction development when the tests are to be performed. Each inspection/test shall be coded and referenced on timeline charts to identify when tests should be performed. The CMc is not relieved from required performance tests should these not be included in the plan.

The CMc shall organize inspection/testing descriptions in accordance with Construction Specification Institute (CSI) divisional headings, chronological/sequence or combinations thereof to delineate all facets of design and construction.

For each divisional heading, the CMc shall identify all subsystems, equipment items and/or components which influence operation, function, quality, or demonstrates attainment of performance requirements.

The CMc shall identify each test parameter and represent each operating condition and all control modes of operation.

For operating equipment, tests shall typically include the following for each mode of operation: capacity, flow rates, inlet/outlet conditions (temperature/pressure), power consumption, efficiency, verification of sequence start-up/ shutdown, alarm conditions, utility submetering, noise generation and observed deficiencies or improper operation.

Lighting tests shall identify foot-candle readings, verification of automatic control and working condition of electrical submetering. Power systems shall typically involve measuring voltage/spikes, current draw, ground resistance and working condition of electrical submetering. For static architectural/structural systems, tests shall typically include verification of location, item counts, material tests, finish grades, clearance/accessibility, etc.

For each inspection, adjustment and test parameter, the CMc shall identify the inspection/test procedures, required preparation, adjustments contemplated, test result comparison to that designed, time of occurrence, mode of operation and the firm(s) who are to perform and witness the work.

During construction, the CMc must update the QCP at least two weeks prior to performing referenced tests, notifying the Government's Project Officer of schedule and procedural changes.

The QCP shall be submitted to the Government within 14 days after issuance of the Notice to Proceed for review and comment. The CMc remains solely responsible for the quality of the finished work.

C.9.1.8 PRELIMINARY SAFETY PLAN

The NIH is very concerned with proper and safe construction methods and practices. The CMc is responsible for the safety of the project site. A Project Specific Safety Plan shall be developed with the safety requirements as set forth in

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Section H of the solicitation and shall address all safety aspects of the project. The Project Specific Safety Plan shall be sent to the Project Officer for review and comment, and the written approval of the CO.

C.9.1.9 SECURITY PLAN

The CMc is responsible for the security of the project site. A Project Specific Security Plan shall be developed by the CMc in accordance with the security requirements to be set forth in Section H of the Solicitation and shall address all security aspects of the project. The Project Specific Security Plan shall be sent to the Project Officer for review and comment, and the written approval of the CO.

C.9.1.10 PROJECT MANUAL

The CMC shall meet with the Project Officer, NIH stakeholders, A/E and CQM to refine the CMC's processes to the specific project. At a minimum the processes to be refined / developed are:

(i) Submittals

(ii) Reporting (see specifications and RFP)

1. Utility Service Interruption Schedule

2. Coordination and Record Documents

3. Building Information Model Plan BIM

4. Energy Conservation Plan

5. Sustainable construction Plan

6. Recycled Waste Management

7. Hazardous Waste Management Plan

8. Temporary Heating and Cooling Plan

9. Sediment and Erosion Control and Storm WATER management Plan

10. Integrated Pest Management Service Plan

11. Severe Storm Plan

12. Demolition Plan

13. Photographic Documentation Plan

14. Quality Control Plan

15. Safety and Health Plan

16. Specific Security Plan

17. Cutting and Patching Plan

18. Project Closeout and Work Plan.

19. Transportation and Logistics plan

20. Site utilization plan

21. Construction Buy out plan.

(iii) Requests for Information

(iv) Utility Shut Downs

(v) Potential Change Orders

(vi) Requisitions

(vii) Coordinating work between the CMc, CQM, A/E, and NIH in processing modifications (The CMc shall verify that with each contract modification, time and cost are properly delineated).

C.9.1.11 VALUE ENGINEERING SESSION

Participate in one two-day Value Engineering exercise. The CMc's VE representatives will be familiar with project development, design development and cost estimating processes. The representatives will also have an understanding of the scope of the project and the Government's project goals. The representatives will be senior general engineer/architect or equivalent level employee approved by the Project Coordinator/PM. Following the VE study, the CMc, along with the A/E and CQM, will assist the Government in evaluating VE proposals that emerge from the exercises. VE efforts shall continue throughout the life of the project (design and construction) and shall be appropriately documented by the CMc. The CMc will provide continuous VE input from the firm's experience and from input of potential sub-contractors through all phases of the contract.

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C.9.1.12 BUY OUT PLAN FOR THE FINALIZATION OF THE CONTRACTUAL GMP

The CMc shall develop lists of possible bidders and pre-qualifying bidders for the Government's review and approval.

These shall include the following:

(i) Interviewing possible bidders, bonding agents and financial institutions.

(ii) The Owner retains the right of refusal on first and second tier subcontractors and will provide a timely reply in writing to the CMc if the Owner knows of any objection to such subcontractor or supplier.

(iii) The CMc is required to have buy-out on all subcontracts within 120 calendar days after issuance of the Notice to Proceed.

C.9.1.13 GUARANTEED MAXIMUM PRICE (GMP)

As part of the award competition, the CMc…