Solicitation Number NIHOF2010227 -- Section A - M

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SOLICITATION

SECTION A - SOLICITATION/CONTRACT FORM

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

2. Request for Proposal (RFP) Number:

NIHOF2010227

3. Issue Date:

04/29/2010

4. Set Aside:

[ ] No

[X] Yes Part IV Section L

5. Title : "RECOVERY" -- Construction Quality Management (CQM) Services to Renovate Building 10 F Wing -- Phases A & B

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 05/31/2010 local time on 12:00 noon EST. Offers will be valid for 120 days unless a different period is specified by the offeror on the Attachment entitled, "Proposal Summary and Data Record, NIH 2043.

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

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

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

OF THIS SOLICITATION.

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

11. FOR INFORMATION CALL: Aaron Crawford, Contracting Officer

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 : NIHOF2010227

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RFP TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

ARTICLE B.2. PRICES/COSTS

ARTICLE B.3. PRICES

ARTICLE B.5. ADVANCE UNDERSTANDINGS

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. DESCRIPTION - STATEMENT OF WORK

ARTICLE C.2. REPORTING REQUIREMENTS

SECTION D - PACKAGING, MARKING AND SHIPPING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. DELIVERIES

ARTICLE F.2. DESIRED AND REQUIRED TIME OF DELIVERY

ARTICLE F.3. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEBRUARY 1998)

SECTION G - CONTRACT ADMINISTRATION DATA

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

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

ARTICLE G.3. PROPOSAL SUBMISSION DUE TO CHANGES

ARTICLE G.4. INVOICE SUBMISSION

ARTICLE G.5. GOVERNMENT PROPERTY

ARTICLE G.6. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

SECTION H - SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.1. NEEDLE EXCHANGE

ARTICLE H.2. PRESS RELEASES

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

ARTICLE H.4. OPTION PROVISION

ARTICLE H.5. ACCESS TO NATIONAL INSTITUTES OF HEALTH (NIH) ELECTRONIC MAIL

ARTICLE H.6. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE

ARTICLE H.7. Insurance

ARTICLE H.8. General Conditions

ARTICLE H.9. CONTRACTOR HEALTH AND SAFETY REQUIREMENTS

CONTRACTOR 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

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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 SMALL BUSINESS SET-ASIDE

c. NAICS CODE AND SIZE STANDARD

d. TYPE OF CONTRACT AND NUMBER OF AWARDS

e. PRE-PROPOSAL CONFERENCE

f. COMMITMENT OF PUBLIC FUNDS

g. COMMUNICATIONS PRIOR TO CONTRACT AWARD

h. RELEASE OF INFORMATION

i. PREPARATION COSTS

j. SERVICE OF PROTEST

2. INSTRUCTIONS TO OFFERORS

a. GENERAL INSTRUCTIONS

1. Contract Type and General Clauses

2. Authorized Official and Submission of Proposal

3. 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. Specific Copyright Provisions Applicable to Software Development and/or Enhancement(s)

9. Selection of Offerors

10. Solicitation Provisions Incorporated by Reference

b. TECHNICAL PROPOSAL INSTRUCTIONS

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. TECHNICAL EVALUATION FACTORS

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PART I - THE SCHEDULE

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

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

CONTRACT AWARD.

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

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

TERMS AND CONDITIONS OF THE RESULTANT CONTRACT.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

"RECOVERY" -- The NIH seeks highly qualified credentialed contractors with the capability to perform this contract. The successful Construction Quality Manager (CQM) shall assist the NIH Project Officer in overseeing the performance of the Architect/Engineer (A/E) and the Construction Manager as constructor (CMc). The contract vehicle for this CQM service shall be a fixed price five-year contract to perform Phase A services with a five-year option to perform Phase B services. This procurement shall cover a duration of a total of sixty (60) months, and the total contract award value inclusive of all options shall be between $4M and $8M. All applicable services shall be performed as directed by authorized Government personnel. The Contractor shall be responsible for providing Construction Quality Management services described in Section C of this solicitation. It is anticipated that the Phase B Option will be exercised shortly after the Phase A award.

The Construction Quality Management Contract shall be separated into four (4) Contract Phases as follows:

a. Pre-Construction Services

b. Construction Services (including Commissioning)

c. Project Closeout

d. Occupancy/Activation Services

The project Phases, Phases A & B, are summarized in Section C and defined on the drawings and specifications.

Separate prices are required for Phase A and B as applicable for each contract phase.

ARTICLE B.2. PRICES/COSTS

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

ARTICLE B.3. PRICES

The total fixed price for each Phase is $ _________________ (Phase A)

$ _________________ (Phase B -- Option)

The Offeror shall complete the pricing schedules in Section J of the solicitation. The Negotiated Indirect Rate Agreement (NICRA) and other documentation to support direct and/or indirect costs shall be submitted as part of the Price Proposal.

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Upon delivery and acceptance of the item(s) and/or service(s) specified in the DELIVERY Article in SECTION F and described in SECTION C, the Contractor shall be paid in accordance with the mutually agreed price and payment schedule. Prices below shall be inclusive of direct and indirect pricing.

Contract Line Item Number Description of Phase Services Amount Within Months after Date of Contract Award.

(Project Phase A) 0001 Preconstruction Services Award to 4 months 0002 Construction Services 0003 Project Closeout 0004 Occupancy/Activation 0005 Owner's Contingency* $150,000 Total Phase A

Notes:

*The amount of the Owner's Contingency may be adjusted prior to award. The Owner's contingency 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 out of scope changes."

**This amount will be exercised if required.

Provide pricing information (Section J) to support the price for each task.

ARTICLE B.4. OPTION PRICES

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

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

b. Pursuant to FAR Clause 52.217-6 set forth in ARTICLE I.3. ADDITIONAL CONTRACT CLAUSES of this contract, the Government may, by unilateral contract modification, require the Contractor to perform the Option Period(s) specified in the Statement of Work as defined in SECTIONS C and F of this contract. If the Government exercises this/these option(s), notice must be given before the expiration date of the contract.

Specific information regarding the time frame for this notice is set forth in the OPTION PROVISION Article in SECTION H of this contract. The fixed price of this contract will be increased as set forth in paragraph c., below.

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

Contract Line Item Number Description of Phase Services Amount Within Months after Date of Contract Award.

(Project Phase B -- Option) 0001 Preconstruction Services Award - 4 months 0002 Construction Services 0003 Project Closeout 0004 Occupancy/Activation 0005 Owner Contingency* $150,000 Total Phase B

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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.

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. DESCRIPTION - STATEMENT OF WORK

a. 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.

The world's largest clinical research hospital is a complex of buildings on the NIH campus, known Building 10 or the Clinical Center Complex (CCC). With the original Warren Grant Magnuson Clinical Center at the hub, over the years the complex expanded from its original 1951 structure to encompass important additions. The latest is the new Mark O. Hatfield Clinical Research Center, which includes 350 flexible patient bed modules that function as inpatient beds and day hospital stations; research laboratories; a Vivarium; animal surgery suite; offices;

hospital support services; and radiation oncology.

Portions of the original Building 10 facility are no longer capable of supporting modern research. The infrastructure is undersized, exceeded its useful life and must be replaced with modern state-of-the-art equipment to provide sufficient and reliable support for research. With the completion and occupancy of the new Mark O. Hatfield Clinical Research Center, portions of the original Building 10 are now vacated in sufficient quantities to begin a phased renovation.

The proposed project is an incremental renovation of the F Wing of Building 10 (Floors 2-14) on the NIH campus in Bethesda, Maryland. Due to partial occupancy of some areas within the F wing and funding sources, the project is designed to be accomplished in phases. Phase A and B are defined in detail on the Drawings and specifications. In general:

Phase A consists of converting 64,000 gross square feet of former patient care units on F-Wing floors 2 through 5 to accommodate laboratories, lab support and administrative areas and to install new utilities infrastructure; the infrastructure work will support the renovation of the entire F-Wing and will include the installation of mechanical equipment on floors 4 and 14. Phase A also includes installation of mechanical equipment on the 14th floor and treatment tanks on Floor B-1 and related alterations/piping on Floors 1 and B-2.

Phase B consists of the conversion of 151,600 gross square feet of former patient care units on F-Wing floors 6 through 13, to accommodate laboratories, lab support and administrative areas; work includes the installation of mechanical equipment on floors 9, 13, and 14. Phase B also includes fit-out of north corridor areas of floors 2 through 5 not constructed in Phase A.

There are two major funding sources for the renovation of the F Wing. Phase A will be constructed through normally appropriated funds and Phase B will be funded using ARRA funding authorities. It is important that strict accounting protocols be maintained to ensure that the proper funding source is used for each project element. For each project element, the CQM shall designate the appropriate funding source. The CQM contract will be awarded as a five-year contract to perform Phase A services with a five-year Option to perform Phase B services. It is anticipated that the Phase B Option will be exercised shortly after the contract award.

Phase A is part of the Base Contract and will be paid for by normally appropriated funds. The scope of Phase A includes: Phase A Preconstruction; Phase A renovation of the F Wing as defined on the plans and specifications;

Phase A Activation/Occupancy; and Phase A Closeout. Phase A shall be completed as a priority.

Phase B is an option and will be financed by ARRA funding authorities. The scope of Phase B includes: Phase B Preconstruction; Phase B renovation of the F Wing as noted on the plans and specifications; Phase B Activation / Occupancy; and Phase B Project Closeout. Phase B will involve the renovation of approximately 150,000 GSF of former patient care and laboratory areas into modern state-of-the art labs, lab support space,

- 8 -and offices for clinical research programs. Also included in Phase B are supply/exhaust fan and mechanical equipment rooms on floors 9, 13, and 14; and vertical building and lab service distribution risers for mechanical, electrical, and plumbing systems not constructed during Phase A. Approximately 82,500 GSF, consisting of space on floors 2-13 south of the North Corridor (Corridor xF.1), will be immediately available for construction and can be renovated concurrently with Phase A.

The balance of the spaces within Phase B will become available for renovation as follows:

• Floors 6,7 North Corridor and spaces north of the North Corridor available Oct. 2012 (except as noted below)

• Floor 9 North Corridor and spaces north of the North Corridor available Jan. 2010 (except as noted below)

• Floors 8, 10-13 North Corridor and spaces north of the North Corridor available Apr. 2013 (portions of 8, 10, 13 are available Oct. 2012). (except as noted below)

• The utilities in the shaft at the north wall of the West 6 modules must remain in place and operational until the 6 West Modules are vacated on all floors, 2-13. Upon the space becoming available the existing shaft and risers can be demolished and the new risers and shaft wall constructed.

The contractor is encouraged to take advantage of any early delivery of spaces if approved by the Contracting Officer.

At the completion of Phase A, the Government will conduct an Activation/Occupancy Phase to equip and move occupants into floors 2 through 5 of the F-Wing. A similar Activation/Occupancy Phase will occur at the completion of Phase B construction, equipping and moving occupants into floors 6 through 13. The CQM shall work with the CMc to coordinate their activities as required with the Government's Occupancy Phases.

Project goals:

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

• To develop a functional and conducive clinical research environment to ensure a high quality of life for staff, and an environment that attracts and retains world-class researchers.

• To execute the Project at the most reasonable cost to the Government

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

• To minimize the disruption caused by the Project to ongoing NIH functions.

1.1 PROJECT DESCRIPTION - CONSTRUCTION QUALITY MANAGER (CQM)

1.1.1 The NIH seeks highly qualified credentialed contractors with the capability to perform this contract. The selected contractor must exhibit demonstrated experience, capability and resources enabling them to provide CQM services on projects of comparable size and complexity, with comparable medical research clients, and most significantly, with a demonstrated track record of performing such projects with a high degree of customer satisfaction.

NIH intends to issue a separate RFP for a Construction Manager as Constructor (CMc) to provide services to construct the F Wing Renovation. NIH has contracted separately with an A/E firm to provide post design services, including commissioning. The design documents have been reviewed and accepted by the Government. The Government intends to utilize these final construction documents to obtain a Guaranteed Maximum Price (GMP) as a part of the best value CMc contract award.

The successful CQM shall assist the NIH Project Officer in overseeing the performance of the A/E and the CMc.

The contract vehicle for this CQM service shall a Firm Fixed Price Contract. The total contract award value inclusive of all options shall be between $4M and $8M. All applicable services shall be performed as directed by authorized Government personnel. The Contractor shall be responsible for providing Construction Quality Management services described in Section C of this solicitation.

1.2 CQM CONTRACT PHASES

1.2.1 The proposed project schedule will be developed by the CMc. This schedule will be reviewed, verified and approved by NIH in partnership with the A/E Design Consultants and the CQM. The approved project schedule developed by the CMc shall be further defined in the CQM's Project Management Plan.

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1.2.2 The Construction Quality Management Contract shall be separated into four (4) phases as follows:

a. Pre-Construction Services

b. Construction Services (including Commissioning)

c. Project Closeout

d. Occupancy/Activation Services

1.3 DEFINITIONS

The following definitions shall apply:

1.3.1 The acronym "A/E" shall be defined as the Architectural/Engineering Design Consultants; also defined as "Louviere, Stratton and Yokel, L.L.C. (LSY Architects and Planners)"

1.3.2 The acronym 'ARRA" shall be defined as The American Recovery and Refinvestment Act

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

1.3.4 The term "Building 10" shall be defined as the facility complex composed of the CC and all additions including the CRC. Building 10 is also referred to as the Clinical Center Complex (CCC).

1.3.5The acronym "CC" shall mean the Warren Grant Magnuson Clinical Center constructed in 1951 on the NIH campus in Bethesda,

1.3.6 The acronym "CRA" shall mean Construction Risk Assessment - see Section H ,

1.3.8 The acronym "CRC" shall be defined as the new Mark O. Hatfield Clinical Research Center addition to the CC on the NIH campus in Bethesda,

1.3.9 The acronym "CQM" and "Contractor" shall be defined as the Construction Quality Manager.

1.3.10 The acronyms "CMc" shall be defined as Construction Manager as Constructor.

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

1.3.12The acronym "CPB" shall be defined as NIH's Capital Projects Branch

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

1.3.13The acronym "DTR" shall be defined as NIH's Division of Technical Resources

1.3.14 The term "Enabling Projects" shall mean those construction projects that must be completed, activated and occupied in order to vacate space within the F Wing project area.

1.3.15 The acronym 'EV" shall be defined as earned value

1.3.16 The acronym "GMP" shall be defined as the CMc's "Guaranteed Maximum Price" for the work defined in the RFP.

1.3.17 The acronym "ILSM" shall be defined as the Interim Life Safety Measures

1.3.18 The acronym 'QCP" shall be defined as the CMc's Quality Control Plan

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

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

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

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

1.3.23 The term "Project" shall be defined as the Building 10 F Wing Renovation on the NIH campus in Bethesda, Maryland.

1.3.24The acronym "PO" shall be defined as the NIH Project Officer also known as the Contracting Officer's Technical Representative (COTR).

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

1.3.26 The term 'Substantial 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 contract and/or regulatory requirements.

1.3.27 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.

b. SCOPE OF SERVICES: CQM GENERAL SERVICES

2.1 The roles and responsibilities of the Project Officer (PO) cannot be delegated to CQM. The CQM may assist and advise the PO, prepare necessary reports, etc. for the review and acceptance of the PO, and make recommendations to the PO. Final decisions regarding programmatic matters and interactions with the NIH/ORF Contracting Officer is inherently government functions of the PO.

2.2 The CQM shall perform: Pre-Construction Phase Services, Construction Phase Services including Commissioning support, Close-Out, Post Construction Claims Services (optional) and Occupancy Phase Services (optional) as appropriate, adequate and necessary to ensure:

• That the project, when completed, meets the technical, economic, and programmatic needs of the scientific community, as set forth in the contract documents.

• That the project is designed to be within budget requirements.

• That the construction work is performed in conformity with applicable requirements.

• That the construction is completed as early as possible, but not later than the scheduled construction contract completion date.

• The appropriate funds are used for the appropriate project elements.

2.3 Services which the COM is required to provide include, but are not limited to, those described or specified herein. The services described or specified shall not be deemed to constitute a comprehensive specification having the effect of excluding services not specifically mentioned; the COM is required to furnish all other services necessary to fulfill the undertakings set out above.

2.3.1 All services shall be performed with the prior approval of the Contracting Officer.

2.3.2 The CQM agrees to furnish professional skill and judgment and to perform the services in the most expeditious and economical manner consistent with interests of the Government.

2.3.3 The CQM shall maintain an on-site office for the duration of the CQM contract. Space is available within Building 10 for use as an office for the duration of the F Wing Renovation.. The office space will be shared as the Central Project Office by the Government, the AE, the CQM and the CMc Construction contractors. Thisspace shall be provided with utility services by the Government at no expense to the CQM and CMc. The CQM is responsible for configuring the utilities within the space for use as the Central Project Office. The CQM shall extend the telephone and high speed IT services provided by the CMc Constructor. The CQM shall configure the telephone and IT service connections for their needs.

2.3.4 Services shall include, but are not limited to:

a. Estimating, design reviews and, constructability, value engineering and coordination reviews

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b. Oversight of the construction of sustainable and energy efficient features of the building including LEED certification requirements

c. Oversight of the CMc's utilization of Building Information Modeling (BIM)

d. Monitoring performance schedules of the CMc and recommending appropriate action when the CMc fails to meet performance milestones; including specific use of Primavera scheduling software

e. Project cost control and reporting through design and construction utilizing Earned Value Management reports

f. Construction field inspection, problem solving and safety monitoring service

g. Contracting and supervising required special technical consultants as approved by the CO

h. Providing an electronic Project Management Information System and providing progress and status reports

i. Monitoring, and coordinating the commissioning of the F Wing

j. Providing activation / occupancy services; including planning, scoping, scheduling, coordinating, and specifying, procurement, receiving, installation and fit out of new scientific equipment and furniture as well as the relocation of existing equipment and planning and coordination of the actual moves of the building occupants.

k. Providing oversight for the compliance with the American Recovery and Reinvestment Act (ARRA) of 2009 to ensure ARRA's requirements for Energy Efficient Buildings and Sustainable Design and Construction that Optimize Energy Performance, Employ integrated design principles and controls, Protect and conserve water, Enhance indoor environmental quality and Reduce environmental impact of material are planned for and implemented.

l. Take appropriated measures to track funding sources with the appropriate construction elements.

m. Resolution of problems - throughout the duration of the contract, advise the Contracting Officer/Project Officer immediately of any problems, disagreement or potential delays, which the CQM considers beyond its ability to resolve; include recommendations on how to proceed.

2.3.5 The CQM is to provide a full size color copier scanner I fax machine for their and the Government's use;

capable of making all regular sizes of copies including 11" x 17" with reduction and enlargement capabilities; and a high speed fax machine and all computers, printers, plotter, telephones, and other equipment as required for its own staff.

2.3.6 The construction contract to which this CQM contract relates does not include any known asbestos or hazardous materials work. However, should asbestos or hazardous materials be encountered, the CQM shall inform the Contracting Officer immediately, and submit recommendations on how to proceed.

2.4 RESPONSIBILITIES OF CQM

2.4.1 The CQM shall perform all services required by the provision of this contract in a timely, skillful, and workmanlike manner.

2.4.2 With the exception of General Condition Items contracted for by the CQM, the CQM shall not be responsible for, and shall not have control or charge of, construction means, methods, techniques, sequences or procedures; safety programs or procedures; or for acts or omissions of the Contractor or subcontractors, agents or employees, or any other persons performing any of the work.

2.4.3 The CQM shall not be deemed to have failed to meet his contractual undertakings and shall not be held responsible for:

a. Design deficiencies, provided the CQM has reviewed the design during its development, has taken all reasonable measures to identify defects of commission or omission in the design, has advised the Government with respect to defects identified, and has taken all reasonable precautions to ensure that the construction contract bid package is complete.

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b. Defective completion of construction, provided that the CQM exercised all due diligence, utilizing competent personnel within authorized limitations, to make reasonably certain that construction was performed in conformity with applicable construction contract plans and specifications, and made all reasonable efforts to keep the separate contractor on schedule.

c. Time overrun, provided the CQM has taken all reasonable measure to anticipate problems and delays and to eliminate or minimize their adverse impact on completion of construction by the scheduled construction completion date.

2.4.4 In the event the CQM fails to perform any service, which they are obligated to perform, under the provision of this contract, the contract price shall be reduced on the basis of the ratio, which the unperformed work bears to the whole of the services required. Failure to complete any order to serve the purposes for which the requirement was imposed, shall be deemed to be a failure to perform within the meaning of the preceding sentence, and the contract price adjustment shall be made on the basis therein specified, without regard to costs incurred by the CQM in connection with such performance. Progress payments made in accordance with the terms of the contract prior to adjustment of the contract price under the provisions of this paragraph, shall not be deemed to constitute a waiver of the Government's rights to a price reduction hereunder.

2.4.5 If the CQM fails to timely perform any of the required services, or fails to perform such services in a skillful and workmanlike manner and, as a consequence of any such failure, the Government incurs costs it would not otherwise have incurred, the CQM shall be and remain liable to the Government for all such cost increases (in which the Government may be entitled under the provisions of paragraph 2.4.4 above).

2.4.6 In the event the CQM fails to perform or negligently performs the construction inspection services required in this contract, he shall be and remain liable to the Government in damages for all costs incurred by the Government which would not have been incurred but for such failure or negligence on the part of the CQM.

2.4.7 Neither the Government's acceptance of, nor payment for, services performed by the CQM pursuant to the provision of this contract shall be construed to operate as a waiver of any of the Government's rights under this clause or any other clause of this contract or of any other cause of action outside the contract provisions.

2.4.8 The rights and remedies of the Government, provided for in this clause and any other clause of this contract, are in addition to any other rights and remedies available by law.

c. SCOPE OF SERVICES

3.1 PRE-CONSTRUCTION PHASE SERVICES

For purposes of this CQM Services Contract, the Pre-Construction Phase shall be identified as the period of performance from the date of Notice-to-Proceed to the date of Construction start.

The CQM shall provide, without limitation, the following general Pre-Construction Phase Services:

3.1.1 Project Kick-Off Meeting

a. Within ten (10) calendar days after the award of a CQM contract, the Contracting Officer, in conjunction with the Project Officer, shall conduct a Project Kick-off Meeting at the NIH Bethesda campus at a mutually agreed upon date and time. The purpose of this meeting is to develop a productive and successful working relationship between the CQM and NIH staff; identify NIH's goals, objectives and progress to date; introduce the NIH key players; identify roles and responsibilities; and, to communicate established lines of authorities among the CO, PO, and the CQM. The CQM contractor shall have an opportunity to introduce key members of the CQM staff, identify roles, responsibility, and lines of authority for the CQM project and CQM firm.

b. Prior to this meeting, the CQM contractor will be requested to submit specific programmatic and administrative, budgetary, and contractual issues that the CQM would like addressed at the Project Kick-off Meeting.

3.1.2 Team Orientation Sessions

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a. The NIH is procuring the services under three requirements: A/E services, Construction Quality Management (CQM) services, and Construction Manager as constructor at risk ( CMc). An understanding of the status and progress of work to date, pending issues and concerns among the contractors, and the roles and responsibilities of each contractor, are paramount to the successful implementation and completion F Wing Renovation. It is anticipated that the CQM under the direction of the COTR will conduct two Team Orientation Sessions after its Project Kick-off Meeting -- one session with the A/E firm, CQM staff and members of NIH, and one session after the CMc contract has been awarded. At the second Team Orientation Session, the CQM under the direction of the COTR will conduct a one day Team Orientation Session with the A/E firm, CQM staff, CMc contractor, and members of NIH. These meetings shall be conducted on the NIH Bethesda campus. The Team Orientation Sessions shall be attended by the COTR and the CO. The Orientation Sessions shall be completed and the meeting minutes submitted to the PO within 20 days after contract award.

b. The A/E, CQM, and CMc contractors shall not participate in Team Orientation Sessions until such time as each contractor has attended its Project Kick-off Meeting.

3.1.3 Establish the Project Management Information System

a. The CQM shall implement a Management Information System (MIS) to facilitate communication between the NIH Contracting Officer, Project Officer, NIH supporting organizations, and design and construction contractors and other parties involved with the project.

b. The CQM shall also create and maintain an accurate and complete electronic record-keeping system. The Government intends to utilize emails and other electronic communication means to the greatest extent possible where feasible, and practical on this project.

c. The CQM shall demonstrate the proposed Management Information System (MIS)/record keeping system to the CO and PO within 30 days after award. The demonstration shall include a detailed structure, operational procedures and typical reports to be generated from the MIS. The MIS must be approved by the CO prior to dissemination to ensure that the appropriate practices, policies and procedures have been incorporated and correctly reflected.

3.1.4 Records

The CQM shall maintain at the jobsite, on a current basis throughout the CQM contract period, records of all contracts including all correspondence received or issued by the CQM and the PO; all change orders and documents related thereto; all records relating to shop drawings, samples, purchases, subcontracts, material and equipment; applicable handbooks, and Federal, commercial and technical standards and specifications;

daily diary; and all other documents related to this contract and the construction work. These records shall be delivered to the CO prior to final payment under this contract.

3.1.5 Project Budget

a. Construction Market Survey - The CQM shall conduct a Construction Market Survey to determine current and forecast regional availability of construction services, labor material and equipment costs and overall economic and industry factors; including as much cost information as possible on recent similar research facilities nationwide; that will influence the cost of the project.

b. Based on the Construction market, the CMc's proposal, A/Es and stakeholder information and feedback, the CQM shall prepare a Project Budget. The Budget shall be broken into specific requirements; unit hard construction costs and project soft costs for all activities, including Enabling Projects, required for the construction, activation and closeout of the F wing Renovation. All survey information and cost analysis information, etc. shall be submitted as a written report to the PO and CO for approval. The Project Budget shall be submitted for approval within 60 days after contract award. After approval by the CO or the COTR, the CQM shall maintain a current status for the duration of the contract.

3.1.6 Management Plan

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a. Prepare a comprehensive management plan for the Project for review and approval of the PO. Work closely with the NIH CO, PO, NIH supporting organizations, and information provided by the CMc to develop the NIH's project schedule, budget, and general requirements for the Project for review and approval of the PO and CO within 60 days after Contract award.

b. Recommend various alternatives for the scheduling and management of the Project for approval of the PO and CO. Include descriptions of the various bid packages and methods of procurement for review and approval of the PO and CO.

c. Develop a quality assurance plan to optimize compliance with the project management plan and applicable codes, and standards for the review of the PO and approval of CO.

d. Develop project procedures and contract administration procedures and communication protocols for the review and approval of the CO.

e. Make recommendations to the NIH regarding revisions to the project management plan and incorporate approved PO and CO revisions.

f. The plan shall include, to the extent possible, the following sections:

(1) Project Definition: Known characteristics of the project.

(2) Project Objectives: NIH goals for the project, including schedule, programmatic, budget, physical, and technical objectives.

(3) Organization Chart: A summary chart showing interrelationships between the CQM (including subcontractors/ consultants), NIH CO, PO, NIH supporting organizations, design and construction contractors and other parties involved with the project.

(4) Work Statement: Narrative description of the program of work to be performed by the CQM.

(5) Staffing Plan: A detailed statement identifying the CQM staff to be used during each stage of the project, including their respective duties.

(6) CQM Implementation Strategy: A description of the implementation strategy to be exercised by the CQM for providing project monitoring and other services and how the CQM's resources and personnel will be effectively utilized.

(7) Budget and Cost Control Monitoring: A draft project budget and cash flow report. The CQM shall review these recommendations with the PO and CO, and if approved by the CO, incorporate them into the Project Management Plan description of methods used to monitor the budget and cost for the project, including change management. The CQM shall utilize Earned Value reporting.

(8) Master Project Schedule: Computer generated master project schedule for the procurement, design, construction, commissioning, outfitting, and occupancy of the project and a description of methods used to develop milestone schedules for each phase and monitor and update the schedules. Copies of the Master Project Schedule shall be submitted to the PO and CO for review and approval.

g. The CQM shall follow the approved Management Plan in its execution of this contract. Any revisions to the plan must be submitted to the PO and CO for approval. The CO may request revisions to the Management Plan at any time during the contract based on outcomes, changes in project conditions, or corrective actions.

3.1.7 Project Quality Assurance Plan

The CQM shall create a Quality Assurance and Quality Control Plan (QA/QC) that includes a description of the CQM's methods and procedures for ensuring that each aspect of the project is subject to appropriate checks and balances, including the CQM's personnel and subcontractors as appropriate.. The CQM shall coordinate its QA/ QC Plan with the CMc's Quality Control Plan. The QA/QC plans shall be reviewed and approved by the PO.

3.1.8 Building Information Modeling

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a. The CMc construction contractor shall create a Construction BIM Model using electronic files, hard copy drawings, shop drawings and other required information for construction of the project, continue building this Model ahead of any actual construction progress; 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 by the CMc construction contractor. The CMc construction contractor shall provide presentation of this BIM model and report status of work at the regular construction progress meetings.

b. The CQM contractor shall provide an experienced BIM engineer as required to review and monitor the BIM modeling by the CMc and provide a monthly report throughout the duration of construction to the CO discussing the procedures, progress, completeness, coordination; identify any concerns and make recommendations of any required appropriate corrective actions. The CQM agrees that only CO has authority for interpretation of terms and conditions and rendering decisions.

3.1.9 References Resource

The CQM shall verify that the construction contractors have available at the jobsite a copy of each trade manual and standard governing quality and workmanship, which is incorporated by reference in their contracts. The CQM shall maintain a duplicate set of standards at the Project Office

3.1.10 Constructability Reviews

a. The CQM shall review the final plans and specifications independently from the CMc to identify any coordination errors, omissions, and assure conformance with the program requirements, compliance with the NIH Design Guidelines and applicable codes and standards. The CQM shall provide all comments in writing using a form supplied by the PO to the CO.

b. The CQM shall review the CMc Constructability Review comments and shall note comments that the CQM concurs or disagrees. The findings of the review shall be forwarded to the PO.

c. Upon review and approval of the constructability review comments by the PO, the CQM shall consolidate the approved review comments with the approved comments by the CMc into one list. The Government, CQM, CMc and A/E will meet to discuss and resolve all comments.

3.1.11 CMc Schedule Optimization

a. The CMc is required to submit a fully coordinated and optimized construction schedule. The CQM is responsible to work with the CMc, PO, A/E and other resources as required to assist the CMc in their schedule development.

b. The CQM shall review the final CMc's Optimization Schedule and provide comments/recommendations to the PO on its constructability, logic and its overall efficiency in accomplishing the work effort.

3.1.12 CQM Master Schedule

a. Within 30 days after the award of this contract, the CQM shall develop and submit to the PO and CO for review and approval a Master Schedule for the planning, design, construction, occupancy of the Project, including all Enabling Projects necessary to completely vacate the space within the areas of renovation. This Master Schedule shall specify the proposed starting and finishing milestone dates and conform to the schedule elements of the A/E contract, CMc contract and anticipated occupancy requirements of each area within the renovation. The Schedule shall also include all Enabling Projects schedules necessary to free space within the contract area, and other activities required to support the renovation.

b. Working with parties involved, update the Master Schedule monthly for the duration of the Project and submit to the PO, with a copy to the CO, not later than the 5th of each month; if necessary, add additional or elaborate on original activities to ensure complete understanding by all involved parties of activities to be accomplished.

3.1.13 Reports

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a. Monthly CQM Report - The CQM shall develop, for all phases of this contract, and provide to the CO and PO a monthly report in the form of an action plan addressing the milestones of schedule and budget. It shall provide a clear comparison between original budget, master schedule and schedule milestones, and the activities in each construction contractor's approved revised schedules, and the actual date of accomplishment. A narrative shall address activities undertaken during the reporting period and information about planned activities for future reporting periods, and revisions and projected schedule slippage, with recommendations on actions to be taken to regain the original schedule and budget or to minimize projected slippage. A copy of the updated schedule and budget shall be submitted with the narrative. An Earned Value format report shall also be issued monthly. The report shall include 60-day look-ahead of major milestones with recommendations for meeting the milestones requirements. The written report will be provided to the CO and the PO within ten (10) calendar days after the end of each month.

b. CMc's Monthly Report Review - The CQM shall review and comment on the CMc's Monthly report. The focus of the review shall be to determine the accuracy, and thoroughness of the CMc's report. The review comments are to be forwarded to the PO within 5 days after receipt by the CQM. The CMc Monthly Report Review will be required for the duration of the CMc contract.

c. Technical Progress Reports - In addition to the required reports set forth elsewhere herein, the preparation and submission of regularly recurring Technical Progress Reports will be required in any CQM sub contracts 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, but it shall not be more than weekly.

3.1.14 CMc Report Reviews

a. Prior to the Notice to Proceed with Construction the CMc is required to submit a number of reports and report formats that will be used throughout the CMc contract.

b. The CQM will review these reports/formats to assure compliance with the plans and specifications. All comments shall be in writing with suggestions on how the reports can be improved or made into full compliance with contract requirements.

3.1.15 Submittals

a. Provide and maintain a system for scheduling and tracking the review and approval of all submittals required by the construction contract document including shop drawings and samples.

b. Ensure that all submittals are submitted and approved by the PO and/or CO in sufficient time to preclude delaying project completion.

c. Monitor the time of submission and the processing of shop drawings, samples and other separate contractor submittals. If submittals are not being received in a timely manner, the CQM shall ascertain the reason for the delay, make recommendation(s) to the PO. The CO shall communicate to the CMc contractor any actions deemed appropriate to eliminate lags and delays. The CQM shall notify the PO promptly of any delays of the A/E or others in processing submittals. The CMc shall advise the PO in writing of any action required on behalf of the Government.

3.1.16 Project Manual

a. The CQM shall participate and contribute towards the development of the Project Procedures Manual. The CMc is primarily responsible for the development of the manual. The CMc is expected to contribute significantly in the manual's development.

b. The CQM will work with the PO to help coordinate and document the requirements of the project stakeholders.

Upon completion of the Project Manual, the CQM shall review the final draft for conformity to provided Government requirements and procedures.

3.1.17 Partnering and Value Engineering

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a. The Government intends to formally apply the principles of partnering on this Project. This will require that the CQM Project Manager and/or other key personnel attend an initial partnering workshop session to discuss the relationships, issues, potential problems of and develop a partnering charter for the Project. There may up to three (3) regular partnering review meetings over the length of the project. The CQM shall include in its costs, the cost for the facilitator and all costs for the CQM personnel to attend the sessions.

3.1.18 Control and Reporting

a. Monitor the status of the budget for the entire Project including design,…