Solicitation Number NIHOF2010210

- 1 -

SOLICITATION

SECTION A - SOLICITATION/CONTRACT FORM

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

2. Request for Proposal (RFP) Number:

NIHOF2010210

3. Issue Date:

03/11/2010

4. Set Aside:

[ ] No

[X] Yes Part IV Section L

5. Title : "Recovery" -- Firm-Fixed-Price 8(a) Contract to Renovate Building 3, NIH, Bethesda, MD

6. ISSUED BY:

Office of Acquisitions Office of Research Facilities National Institutes of Health Building 13, Room 2E48 9000 Rockville Pike Bethesda, MD 20892

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 12:00 noon est local time on 04/12/2010. Offers will be valid for 60 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: Aaron Crawford

PHONE: 301-496-3274

e-MAIL: aaron.crawford@nih.gov

COLLECT CALLS WILL NOT BE ACCEPTED.

National Institutes of Health Building 13, Room 2E48 9000 Rockville Pike Bethesda, MD 20892

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

RFP Number : NIHOF2010210

- 2 -

RFP TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

ARTICLE B.3. PRICES

ARTICLE B.4. CHANGE ORDERS

ARTICLE B.5. ADVANCE UNDERSTANDINGS

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

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. NEEDLE EXCHANGE

ARTICLE H.4. ACCESS TO NATIONAL INSTITUTES OF HEALTH (NIH) ELECTRONIC MAIL

ARTICLE H.5. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE

ARTICLE H.6. Wage Rates

ARTICLE H.7. Insurance

ARTICLE H.9. General Conditions

ARTICLE H.10. Equitable Adjustments Due to Changes

ARTICLE H.11. Performance and Payment Bond Requirement (SF25 and 25A) (See FAR 52.228-15)

ARTICLE H.12. CONTRACTOR HEALTH AND SAFETY REQUIREMENTS

CONTRACTOR REQUIREMENTS

ARTICLE H.13. Submittals

ARTICLE H.14. Project Record Documents

ARTICLE H.15. Field Surveys

ARTICLE H.16. Planning and Coordination Drawings

ARTICLE H.17. Energy Star and LEED Requirements

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. NOTICE OF 8(a) COMPETITIVE SET-ASIDE

c. NAICS CODE AND SIZE STANDARD

- 3 -

d. TYPE OF CONTRACT AND NUMBER OF AWARDS

e. PRE-PROPOSAL CONFERENCE

f. BRAND NAME OR EQUAL

g. COMMITMENT OF PUBLIC FUNDS

h. COMMUNICATIONS PRIOR TO CONTRACT AWARD

i. RELEASE OF INFORMATION

j. REFERENCE MATERIALS

k. PREPARATION COSTS

l. 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. Evaluation of Proposals

6. Potential Award Without Discussions

7. Use of the Metric System of Measurement

8. Privacy Act - Treatment of Proposal Information

9. Selection of Offerors

10. Past Performance Information

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

12. Solicitation Provisions Incorporated by Reference

b. TECHNICAL PROPOSAL INSTRUCTIONS

1. Technical Evaluation

c. BUSINESS PROPOSAL INSTRUCTIONS

1. Basic Cost/Price Information

2. Proposal Cover Sheet

3. Information Other than Cost or Pricing Data

4. Other Administrative Data

5. Qualifications of the Offeror

6. Subcontractors

7. Proposer's Annual Financial Report

8. Travel Costs/Travel Policy

SECTION M - EVALUATION FACTORS FOR AWARD

1. GENERAL

2. MANDATORY QUALIFICATION CRITERIA

- 4 -

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

This acquisition is being set-aside for competition among 8(a) offerors. Offers received from any source other than 8(a) offerors shall be rejected. The work shall be in accordance with the statement of work (Section C) and any accompanying drawings and specification cited in the SOW. The work includes all material, labor, supervision, quality control, commissioning and any other associated cost necessary to Renovate Building 3 at NIH Bethesda.

The Building 3 renovation will consist of construction of approximately 49,243 SF designed to house administrative functions and will provide for provate and open office space with system furniture work stations; supplemental space such as conference rooms, copy centers, storage areas, mail rooms, vending machine area and corridor space as required.

In general the building materials will consist of but not limited to concrete slab on grade; structural steel frames;

masonry cavity wall; exterior gypsum board; CMU interior walls; acoustic tile, and carpet/tile floor finished; and relateed mechanical, electrical and plumbing systems. The project will include all related site work, including but not limited to earthwork; site utilities; asphalt paving; contrete paving and landscaping.

ARTICLE B.2. Owner's Contingency

The Owner's contingency is not part of the Fixed Price and is controlled exclusively by the Government. This contingency will be in the form of an allowance available to the government to cover the costs of within within scope changes directed by the Government.

ARTICLE B.3. PRICES

a. The total fixed price of this contract is $ .

b.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:

TABLE B-1 -- SCHEDULE OF CHARGES FOR THE BASIC AWARD PERIOD

Division TASK Labor Material Subcontract Total

1. General Requirements

- 5 -

2. Site Construction

3. Concrete

4. Masonry

5. Metal

6. Wood and Plastics

7. Thermal and Moisture

Protection

8. Doors and Windows

9. Finishes

10. Specialties

11. Equipment

12. Furnishings

13. Special Constructions

14. Conveying System

15. Mechanical

16. Electrical

1 -- SUBTOTAL

GC LABOR OVERHEAD

GC G&A

GC PROFIT

2 -- SUBTOTAL

GC SUB TOTAL (Sum 1+2)

PERFORMANCE/PAYMENT BONDS

SUB TOTAL CONTRACT PRICE

(Sum1+2 and BOND)

OWNER CONTINGENCY 2,000,000

3 - SUBTOTAL 2,000,000

- 6 -

TOTAL CONTRACT PRICE (SUM 1+2+3

and BOND)

Provide back-up pricing information to support each CSI Division

- 7 -

TABLE B-2 -- PRICE BREAKDOWN

ITEM Labor Material Total

A Line Item No. CB1:

Add Security Gate on Access Road

B Line Item No. CB2:

Hazardous Materal Abatement

C Line Item No. CB3:

Replace Open Office Flat Roof and Framing

D Line Item No.

CB4: Provide Mass Evacuation System

E Line Item No. CB5:

New Manholes for Water Drainage Away from Building

F Line Item No. CB6:

Lightning Protection System

G Line Item No. CB7:

Upgrade Mechanical Controls

H Line Item No. CB8:

Network Transformers

I Line Item No. CB9:

Network Protectors

J Line Item No. CB10:

No-Load Break Switch

K Line Item No. CB11:

Switchgear Lineup

L Line Item No. CB12:

Spare Circuit Breaker

M Line Item No. CB13:

Emergency Quick Connect for Temp Roll-up Generator

N Line Item No.

CB14: Grounding Risers

O Line Item No. CB15:

Domestic Water Filter, Valves, and Related Piping

P Line Item No. CB16:

Additional Water Heater, Valves, and Related Piping

- 8 -

ITEM Labor Material Total

Q Line Item No. CB17:

Thermostatic Mix Valve and Associated Valves and Piping

R Line Item No. CB18:

Fire Pump and Room

S Line Item No.

CB19: Additional Underpinning

T Line Item No. CB20:

Bike Racks and Showers

U Line Item No. CB21:

Regrade Roof ad Mechanical Expansion

V Line Item No. CB22:

Security, Building Hardening

W Line Item No. CB23:

Security, Additional Reinforcing

X Line Item No. CB24:

Road Repairs

Z Line Item No. CB26:

Security, Cameras

AA Line Item No. CB27:

Repairs at Southwes Corner of Building

BB Line Item No. CB28:

Blast Restraint Laminated Glass

CC Line Item No. CB29:

Slotted Metal Framing

DD Line Item No. CB30:

Knox Box

EE Line Item No. CB31:

Concrete Pads

FF Line Item No. CB32:

Fire Stopping

GG Line Item No. CB33:

Fireproofing

- 9 -

TABLE B-3 -- ALTERNATES

ITEM LABOR MATERIAL TOTAL

A Alternate No.

1: Decommission, Remove and Dispose of all Nitrogen in Storage Tank

B Alternate No. 2:

Sanitary Lateral Replacement

C Alternate No. 3:

Storm Sewer Lateral

D Alternate No. 4:

Incoming Water Service Line

E Alternate No. 5: Chill Mater Service Line

F Alternate No. 6a:

Steam, Condensate, and High Press Lines -- Manhole & Building

G Alternate No. 6b:

Steam, Condensate, and High Pressure Lines -- Manhole & Building

ARTICLE B.4. CHANGE ORDERS

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

Equitable Adjustments Due to Changes

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

1. Material quantities and unit prices based upon Means pricing procedures contained in this Section B.

2. Direct performance time of change.

3. Impact on schedule, if any.

4. Impact costs, if any.

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

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

- 10 -

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

e) Any cost premium for change order work is accounted for by the use of the same contract rate.

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

g) Time Extension:

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

h) Delay and Impact Costs:

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

ARTICLE B.5. 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.

- 11 -

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. DESCRIPTION - STATEMENT OF WORK

a. STATEMENT OF WORK

1. GENERAL:

As a part of the U.S. Public Health Service under 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.

Building 3, formerly known as the Public Health Methods and Animal Unit, located on the campus of the National Institutes of Health in Bethesda, Maryland, is a six level structure built in 1938 as a laboratory building with approximately 49,243 gsf. The building is a red brick Georgian revival style structure with a slate roof and is eligible for designation as a historical building on the Federal Register as part of NIH's historical core. Building 3 has exceeded its service life and must be renovated to adequately and reliably support modern administrative operations. Demolition of the building's interior systems and spaces was completed in 2002. This work included the removal of interior partitions, ceiling, flooring, and elevators, mechanical and electrical systems. Most of the hazardous materials were removed from the building as part of the demolition work except for the lead paint.

2. PROJECT DESCRIPTION

The new renovated space for Building 3 is designed to house administrative functions. Space is provided for private and open office space with system furniture work stations. Supplemental space such as conference rooms, copy centers, storage areas, mail rooms, vending machines areas, and corridor is also provided.

The renovation will update the building's handicap, fire protection and security requirements. A minimum LEED certification level for the project is Silver. The building's entire support functions and core spaces is being replaced including the elevators stairs, toilet areas, mechanical, electrical and telecommunication distribution systems.

Selected demolition will be required to accommodate the installation of these new building systems. New work on the building's exterior included complete window restoration, repainting, repairing, replacing and cleaning the existing brick, partial roof replacement, refurbishing and reinstalling existing light fixtures and replacing the existing front entrance doors. Lead abatement services will be required on the interior and exterior of the building. The new site work includeds the installation of several new service ducts and new concrete sidewalks.

The project will also require the construction of a new service support building to house the new electrical service switchgear.

3. CONSTRAINTS

The surrounding buildings are sensitive 24-hour functional laboratory facilities. During construction the Contractor shall be required to ensure that all utilities servicing these building are completely functional 24-hours a day. Also during construction, it is imperative that the contractor and his sub-contractors ensure that their operations do not impact or interfere with the functions of these building including ensuring that dust, noise and hazardous substances do not infiltrate into the building spaces.

The construction that is going to take place on the NIH campus has restricted access, extremely limited parking, and very little site construction staging area.

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

- 12 -park within the project approved staging areas. Personal vehicles are prohibited from parking within the staging areas.

The NIH has been declared as a No Smoking Campus. Smoking is not allowed at all on the NIH property including construction sites.

4. DEFINITIONS

The following definitions shall apply:

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

4.2. The term "Project" shall be defined as the Building 3 Renovation on the NIH campus in Bethesda, Maryland

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

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

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

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

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

4.8. The acronym "DPM" shall be defined as NIH's Divsion of Property Management

4.9. The acronym "DTR" shall be defined as NIH's Divsion of Technical Resources

4.10. The acronym "EV" shall be defined as earned value

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

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

4.13. The acronym "ORF" shall be defined as NIH's Office of Research Facilities

4.14. The term "Project Team" shall be defined as the PO, CO, A/E, CQM

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

4.16. The term "Warranty" shall mean Contractor warrants 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

4.17. The acronym "A/E" shall be defined as the Architectural/Engineering Design

5. SUMMARY OF SERVICES:

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.

Independently, and not as agent of the Government, the contractor shall be required to provide all labor, materials, and supervision, coordination, equipment, transportation and other applicable element of cost either direct or indirect, as required for full and complete execution of the work in accordance with the specifications and drawings titled: Renovation of Building 3.

- 13 -

It is the intent of the Government to utilize electronic documentation and e-mail as much as practical for all communications, reports and records in the design and construction of this project. The Contractor shall provide all required submissions in an applicable electronic format along with the required hard copies.

The Contractor 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 Contractor shall keep this BIM model current throughout the construction project and at the completion of the project shall deliver this BIM model to the government.

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, A minimum LEED certificate rating of Silver is required. The contractor is required to assure that the requirements in Section 01352 are fully met.

The Contractor shall consult with the Government, A/E and CQM regarding site use and improvements, and the selection of materials, building systems and equipment. The Contractor 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 Contractor 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.

5.1. Earned Value - Contractor shall provide with their Final Schedule Submission, a Monthly Total Invoice Amount with a corresponding description of Work to be delivered for that amount for the duration of the schedule. 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

5.2. Records / Reports - The Contractor shall keep accurate and detailed written records of project progress during all stages of construction and prepare Monthly Progress Reports in the format and frequency required by the PO. The Reports shall provide periodic status reports, including daily diaries, weekly reports, monthly status reports as required by the contract documents, etc. The Contractor shall maintain a detailed daily diary of all events, which occur at the job site or elsewhere, which affect or may be expected to affect project progress.

The Contractor shall maintain at the job site, on a current basis, contract records including copies of all correspondence, submittals, progress reports and related documentation throughout the duration of construction.

Files shall be logically organized and indexed according to a filing system . The records shall be organized and maintained so they are easily accessible. All Contractor files relating to this contract and/or project will be made accessible to the Government throughout the contract duration. Such files will be turned over to the Government for record purposes prior to close out of the Contractor contract. Examples of files to be maintained are:

(1) Correspondence.

(2) Up to date plans and specifications that include Supplemental Instructions, Amendments, RFI clarifications

(3) Annotated submittals.

(4) Formal and pending contract modifications with documentation.

(5) Value engineering change proposals.

(6) Claims and supporting documentation.

(7) Minutes from progress meetings.

(8) Approved payment vouchers.

(9) Documentation of significant clarifications and decisions.

(10) Inspection and progress reports.

(11) Contractor's monthly status reports.

5.3. Monthly Reports - Monthly Reports shall be submitted with the application for Payment in 8.5x11 formats.

The Contractor shall distribute eight (8) copies and one electronic copy of each monthly report, via pre-paid express mail for next day delivery to the Government (including PO, A/E and CQM). Contractor shall coordinate with the PO, CQM, and A/E to assure report accuracy. Information to include in Monthly Reports:

(1) Narrative and Earned Value report

(2) Update of the project schedule with analysis

- 14 -

(3) Percentage of construction in place, planned and actual for each schedule activity

(4) Summary Budget Status

(5) Inspection report, list of deficiencies and omissions

(6) Summary of outstanding problems/issues

(7) Summary of issues resolved, decisions reached, clarifications, instructions, etc.

(8) Summary report on submittals and Requests for Information

(9) Safety Report

(10) Monthly Progress Report (as noted above)

(11) Minutes from meetings during the month (safety and trade coordination)

(12) The PO shall identify other required reports such as on-site logs (such as RFI and Submittals Logs) and shall furnish reporting formats. All such progress reporting information shall be entered into the EPM system as it is generated.

(13) Any approved or potential changes to the Contract. This report shall identify all potential and approved changes to the Contract.

(14) Progress photos

5.4. Commissioning Services

The Contractor will obtain and provide the services of a professional Commissioning firm. The Commissioning firm shall be submitted to the PO for approval prior to starting the Commissioning services outlined in the specifications. The Contractor shall work with the Commissioning Agent to ensure completion of all commissioning requirements by the Subcontractors, including start-up, testing, O&M manuals, training, spare parts, tools and record documents. Refer to Section 01810 for Commissioning requirements.

5.5. Early Occupancy - As noted in Section 1140 of the Specifications, the Government reserves the right to occupy portions of the facility prior to substantial completion of the entire facility. The contractor shall coordinate its work to support the occupancy, such as adjustments in work schedule, and work sequences. At the option of the CO, the Contractor may be requested to provide furniture acquisition and installation.

ARTICLE C.2. REPORTING REQUIREMENTS

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

a. Technical Progress Reports

1. In addition to the required reports set forth elsewhere in this document, the preparation and submission of regularly recurring Technical Progress Reports will be required in any contract resulting from this solicitation. These reports will require descriptive information about the activities undertaken during the reporting period and will require information about planned activities for future reporting periods. The frequency and specific content of these reports will be determined prior to contract award.

For proposal preparation purposes only, it is estimated that in addition to the required electronic version(s) hard copies of these reports will be required as follows:

[X] Monthly [ ] Quarterly [ ] Semi-Annually [ ] Annually [ ] Annually (with a requirement for a Draft Annual Report) [ ] Final - Upon final completion of the contract [ ] Final - Upon final completion of the contract (with a requirement for a Draft Final Report)

- 15 -

2. Summary of Salient Results

The Contractor will be required to prepare and submit, with the final report, a summary (not to exceed 200 words) of salient results achieved during the performance of the contract. This report will be required on or before the expiration date of the contract.

b. Other Reports/Deliverables

1. American Recovery and Reinvestment Act-Reporting Requirements

This contract requires the Contractor to provide products and/or services that are funded by the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires the contractor to report on its use of Recovery Act funds under this contract.

The Contractor shall report the information required by FAR 52.204-11(d), which is incorporated into Article I.4. of this contract, using the online reporting tool available at http:// www.FederalReporting.gov.

All work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to September 30, 2009, shall be reported cumulatively and submitted on October 10, 2009.

After September 30, 2009, reports are due no later than the 10th day after the end of each calendar quarter.

These reports will be made available to the public.

http://www.FederalReporting.gov http://www.FederalReporting.gov

- 16 -

SECTION D - PACKAGING, MARKING AND SHIPPING

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

- 17 -

SECTION E - INSPECTION AND ACCEPTANCE

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

b. Inspection and acceptance will be performed at:

National Institutes of Health Property Management Division Capital Projects Branch Building 13, Room 210 9000 Rockville Pike Bethesda, MD 20892

The Government reserves the right to an inspection period of 10 calendar days, unless a different time period is stated when (the Record of Call/elsewhere in the contract). The receiving report, completed and signed by the appropriate official, constitutes acceptance and shall be acknowledged to the payment office (OFM).

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

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

- 18 -

SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. PERIOD OF PERFORMANCE

The period of performance of this contract shall be from 04/27/2010 through 10/19/2011.

ARTICLE F.2. DELIVERIES

a. Satisfactory performance of this contract shall be deemed to occur upon performance of the work described in the Statement of Work Article in SECTION C of this contract and upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the Services specified in the Delivery Schedule which are described in SECTION C of this contract.

b. Deliveries required by the Contractor shall be made F.o.b. destination as set forth in FAR Clause 52.247-35, F.o.b. Destination, Within consignees Premises (April 1984) to the address listed below:

PO TBD

Capital Projects Branch Office of Research Facilities Building 10, Room 210 9000 Rockville Pike Bethesda, MD 20892

c. Unless otherwise specified, deliveries shall be made to the Delivery Point specified above Mondays through Fridays (excluding Federal Holidays) between the hours of 8:30 a.m. and 5:30 p.m. EST only. Supplies or services scheduled for delivery on a Federal holiday shall be made the following day.

ARTICLE F.3. TIME OF DELIVERY

a. The Government requires delivery of the services described in Section C within 540 days after Date of contract award.

b. The Contractor may propose a delivery schedule which is earlier than required above. If the Contractor does not propose a different delivery schedule, the Government's desired delivery schedule shall apply.

c. Proposed Delivery Schedule: Delivery of within days after Date of contract award.

ARTICLE F.4. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEBRUARY

1998)

This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/comp/far/index.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:

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

52.242-17, Government Delay of Work (April 1984).

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

http://www.acquisition.gov/comp/far/index.html

- 19 -

"(a) If the Contractor fails to deliver the work within the time specified in this contract, the Contractor shall pay liquidated damages to the Government in the amount of $4,500 for each calendar day of delay until the work is completed or accepted.

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

- 20 -

SECTION G - CONTRACT ADMINISTRATION DATA

ARTICLE G.1. CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR)

The following Contracting Officer's Technical Representative (COTR) shall represent the Government for the purpose of this contract:

1. The COTR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

2. The Contracting Officer is the only person with authority to act as agent of the Government under this contract.

Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

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

4. The Government may unilaterally change its COTR designation.

5. Performance of the work under this contract shall be subject to the technical direction of the COTR. The term "Technical Direction" is defined to include, without limitation, the following:

a. Directions to the Contractor which redirect the effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the description ofwork set forth in this contract;

b. Provision of information to the Contractor which assists in the interpretation of drawings, specifications, ortechnical portions of the work description; and

c. Review and, where required by the contract, approval of technical reports, drawings, specifications, andtechnical information to be delivered by the Contractor to the Government under this contract.

6. Technical direction must be within the general scope of work stated in the contract. THE PROJECT OFFICER

DOES NOT HAVE THE AUTHORITY AND SHALL NOT ISSUE ANY TECHNICAL DIRECTION WHICH;

a. Constitutes an assignment of additional work outside the general scope of the contract;

b. Constitutes a change as defined in the clause entitled "Changes";

c. In any manner causes an increase or decrease in the total estimated cost; or

d. Changes any of the expressed terms, conditions, or specifications of the contract.

7. If, in the opinion of the Contractor, any instructions or direction issued by the COTR is within one of the categories as defined in subparagraph 4(a) through (d) above, the Contractor shall not proceed but shall notify the Contracting Officer in writing promptly after the receipt of any such instruction, or direction and shallrequest a CO's decision. Upon receiving such notification from the Contractor, the CO shall issue an appropriate contract modification or advise the Contractor in writing that, in his opinion, the technical direction is within the scope of this article and does not constitute a change order under the Changes Clause of the contract. The Contractor shall there upon proceed immediately with the direction given. A failure of the parties to agree upon the nature of the instruction or direction or upon the action to be taken with respect thereto shall be subject to the provisions of the clause entitled "Disputes."

- 21 -

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

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

(End of Clause)

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

Name Title

Project Executive

Project Manager(s)

Project Engineer(s)

Superintendent

Safety Officer

BIM Coordinator

Scheduler

QA/QC Manager

ARTICLE G.3. INVOICE SUBMISSION

a. Invoice Instructions for NIH Fixed-Price Type Contracts, NIH(RC)-2, are attached and made part of this contract.

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

1. Payment requests shall be submitted to the offices identified below.

a. The original invoice shall be submitted to the following designated billing office:

National Institutes of Health Office of Financial Management Commercial Accounts 2115 East Jefferson Street, Room 4B-432, MSC 8500 Bethesda, MD 20892-8500

b. One copy of the invoice shall be submitted to the following approving official:

Intake Center Office of Acquisitions Office of Research Facilities, NIH Building 13 Room 2E47 9000 Rockville Pike MSC

BETHESDA, MD 20892-

- 22 -

2. In addition to the requirements specified in FAR 32.905 for a proper invoice, the Contractor shall include the following information on the face page of all payment requests:

a. Name of the Office of Acquisitions. The Office of Acquisitions for this contract is Office of Research Facilities .

b. Central Point of Distribution. For the purpose of this contract, the Central Point of Distribution is ORFOAInvoices@mail.nih.gov .

c. Federal Taxpayer Identification Number (TIN). If the Contractor does not have a valid TIN, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.

d. DUNS or DUNS+4 Number. The DUNS number must identify the Contractor's name and address exactly as stated in the contract and as registered in the Central Contractor Registration (CCR) database. If the Contractor does not have a valid DUNS number, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.

e. Invoice Matching Option. This contract requires a three-way match.

f. Unique Invoice Number. Each payment request must be identified by a unique invoice number, which can only be used one time regardless of the number of contracts or orders held by an organization.

b. Inquiries regarding payment of invoices shall be directed to the designated billing office, (301) 496-6088.

ARTICLE G.4. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

a. Contractor Performance Evaluations

Interim and final evaluations of Contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. The final performance evaluation will be prepared at the time of completion of work. In addition to the final evaluation, interim evaluation(s) shall be submitted annually.

Interim and final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement. If agreement cannot be reached between the parties, the matter will be referred to an individual one level above the Contracting Officer, whose decision will be final.

Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

b. Electronic Access to Contractor Performance Evaluations

Contractors that have Internet capability may access evaluations through a secure Web site for review and comment by completing the registration form that can be obtained at the following address:

http://oamp.od.nih.gov/OD/CPS/cps.asp

The registration process requires the Contractor to identify an individual that will serve as a primary contact and who will be authorized access to the evaluation for review and comment. In addition, the Contractor will be required to identify an alternate contact who will be responsible for notifying the cognizant contracting official in the event the primary contact is unavailable to process the evaluation within the required 30-day time frame.

http://oamp.od.nih.gov/OD/CPS/cps.asp

- 23 -

SECTION H - SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.1. NEEDLE EXCHANGE

The Contractor shall not use contract funds to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.

ARTICLE H.2. PRESS RELEASES

The Contractor shall clearly state, when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money: (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) the percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources.

ARTICLE H.3. RESTRICTION ON EMPLOYMENT OF UNAUTHORIZED ALIEN WORKERS

The Contractor shall not use contract funds to employ workers described in section 274A(h)(3) of the Immigration and Nationality Act, which reads as follows:

"(3) Definition of unauthorized alien. - As used in this section, the term 'unauthorized alien' means, with respect to the employment of an alien at a particular time, that the alien is not at that time either (A) an alien lawfully admitted for permanent residence, or (B) authorized to be so employed by this Act or by the Attorney General."

ARTICLE H.4. ACCESS TO NATIONAL INSTITUTES OF HEALTH (NIH) ELECTRONIC MAIL

All Contractor staff that have access to and use of NIH electronic mail (e-mail) must identify themselves as contractors on all outgoing e-mail messages, including those that are sent in reply or are forwarded to another user. To best comply with this requirement, the Contractor staff shall set up an e-mail signature ("AutoSignature") or an electronic business card ("V-card") on each Contractor employee's computer system and/or Personal Digital Assistant (PDA) that will automatically display "Contractor" in the signature area of all e-mails sent.

ARTICLE H.5. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE

Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in NIH funded programs is encouraged to report such matters to the HHS Inspector General's Office in writing or on the Inspector General's Hotline. The toll free number is 1-800-HHS-TIPS (1-800-447-8477). All telephone calls will be handled confidentially. The e-mail address is Htips@os.dhhs.gov and the mailing address is:

Office of Inspector General Department of Health and Human Services

TIPS HOTLINE

P.O. Box 23489 Washington, D.C. 20026

ARTICLE H.6. Wage Rates

The attached wage determinations from the Secretary of Labor (see Section J) shall be implemented in accordance with the statutes for labor standards requirements for contracts over $2,000.00 involving construction (FAR Subpart 22.4). FAR Clauses 52.222-6 through 52.222-15, and General Wage Decision No.'s (Montgomery County) MD080056, Modification No. 22, dated 02/05/2010. The Contractor shall comply with the attached Wage Determinations and any revised Davis Bacon Determinations deem to be covered in any escalation covered factor calculated in accordance with Section B of this solicitation.

mailto:Htips@os.dhhs.gov

- 24 -

ARTICLE H.7. Insurance

a) The Contractor shall, at his own expense, procure and maintain, during the entire performance period of this contract, insurance of at least the kinds and amounts set forth below:

1. Worker's Compensation and Employer's Liability:

Contractors shall comply with applicable Federal and State worker's compensation and occupational disease statutes.

Employer's liability coverage of at least $100,000 shall be required except in states with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

2. General Liability:

Contractors shall have bodily injury insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

3. Automobile Liability:

The Contractor shall have automobile liability insurance written on the comprehensive form policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with the performing contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

b) At all times during performance, the Contractor shall maintain with the Contracting Officer a current Certificate of Insurance showing at least the insurance required by the Schedule, and providing for thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage.

c) The Contractor shall also require all first-tier subcontractors who will perform work on a Government installation to procure and maintain the insurance required by the Schedule during the entire period of performance. The Contractor shall furnish (or assure that there has been furnished) to the Contracting Officer a current Certificate of Insurance, meeting the requirements of paragraph 2 above, for each first-tier subcontractor, at least five days prior to their entry of personnel to the Government installation.

d) Current Certificate of Insurance shall be furnished by the Contractor and first-tier subcontractor(s) to the Contracting Officer before starting work under each Task Order.

ARTICLE H.8. SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

In addition to instructions set forth in FAR 52.236-21, the following, regarding specifications and drawings, also apply:

a. Also includes any samples of material requested.

b. Submittal data shall be coordinated so that all interdependent component parts and systems of the installationare included in a single coordinated submittal.

c. Submittal data shall be reviewed by the Contractor for compliance with specification requirements, coordination, etc., prior to submittal and shall be so certified on the submittal by appropriate stamp and/or notation.

d. All submittal data shall be delivered at the Contractor's expense unless otherwise specified. Submittal data shall be submitted as specified in Attachment 1, Project Specifications. Submittal data shall be accompanied by a letter of transmittal setting forth:

a. The date

b. The name of the project

c. Appropriate description of submitted items, including reference to specification paragraph, submittalsummary sheet item number, etc.

e. The Contractor shall submit and have…