NIHOF2011358 amend2.pdf

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SOLICITATION

SECTION A - SOLICITATION/CONTRACT FORM

1. Requisition or other Purchase Authority:

2. Request for Proposal (RFP) Number:

NIHOF2011358

3. Issue Date:

4. Set Aside:

[ ] No

[X] Yes See Part IV Section L

5. Title : NIH Multiple Award IDIQ Contract - Paving Services

6. ISSUED BY:

National Institutes of Health, DHHS

AECCB, OA, ORF

9000 Rockville Pike, Bldg. 13, MSC-5711 Bethesda, MD 20892-5711

7. SUBMIT OFFERS TO:

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

8. Proposals for furnishing the supplies and/or services in THE SCHEDULE will be received at the place specified in, and in the number of copies specified in Attachment 1, "Packaging and Delivery of the Proposal," until Noon local time on 6/13/2011. 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 as stated in ATTACHMENT 1, "PACKAGING AND DELIVERY OF THE PROPOSAL." If proposals are requred to be delivered to two different locations, the OFFICIAL POINT OF RECEIPT for determining TIMELY DELIVERY is the address provided for the OFFICE OF ACQUISITIONS.

IF YOUR PROPOSAL IS NOT RECEIVED BY THE CONTRACTING OFFICER OR HIS DESIGNEE AT THE PLACE AND TIME SPECIFIED FOR THE OFFICE OF ACQUISITIONS, THEN IT WILL BE CONSIDERED LATE AND HANDLED IN ACCORDANCE WITH subparagraph (c)(3) of FAR Clause 52.215-1, 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: Keisha Benford

PHONE: (301) 443-7883

e-MAIL: benfordkm@mail.nih.gov

COLLECT CALLS WILL NOT BE ACCEPTED.

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

RFP Number : NIHOF2011358

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RFP TABLE OF CONTENTS

NOTICE TO OFFERORS

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

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

PART II - CONTRACT CLAUSES

SECTION J - LIST OF ATTACHMENTS

SOLICITATION ATTACHMENTS

Pricing Structure

BUSINESS PROPOSAL ATTACHMENTS

INFORMATIONAL ATTACHMENTS

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. NOTICE OF 8(a) COMPETITIVE SET-ASIDE

d. NAICS CODE AND SIZE STANDARD

e. TYPE OF CONTRACT AND NUMBER OF AWARDS

f. PRE-PROPOSAL CONFERENCE

g. COMMITMENT OF PUBLIC FUNDS

h. COMMUNICATIONS PRIOR TO CONTRACT AWARD

i. RELEASE OF INFORMATION

j. PREPARATION COSTS

k. SERVICE OF PROTEST

2. INSTRUCTIONS TO OFFERORS

a. GENERAL INSTRUCTIONS

1. Contract Type and General Clauses

2. NOTE: OFFERORS MUST ENSURE THAT NO PRICE/COSTS ARE INCLUDED IN THETECHNICAL

PROPOSAL

3. Separation of Technical and Business Proposals

4. Alternate Proposals

5. Evaluation of Proposals

6. Potential Award Without Discussions

7. Privacy Act - Treatment of Proposal Information

8. Selection of Offerors

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

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10. Solicitation Provisions Incorporated by Reference

b. TECHNICAL PROPOSAL INSTRUCTIONS

1. Technical Discussions

2. Technical Evaluation

c. BUSINESS PROPOSAL INSTRUCTIONS

1. Basic Cost/Price Information

2. Proposal Cover Sheet

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

4. Mentor Protege Program, HHSAR 352.219-70

5. Proposer's Annual Financial Report

SECTION M - EVALUATION FACTORS FOR AWARD

1. GENERAL

2. MANDATORY QUALIFICATION CRITERIA

5. EVALUATION OF OPTIONS

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NOTICE TO OFFERORS

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

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

If you have any questions pertaining to this PA, please contact Annette Owens-Scarboro .

HHS/SBA PA 1 (March 20, 2007)

Servicing Small Business Administration Field Office

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

Servicing SBA Office US Small Business Administration

Address 409 3rd Street, SW

Washington, DC 20416

Cognizant SBA Business Opportunity Specialist's Name Loretta Taylor

Phone 202-272-0368

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PART I - THE SCHEDULE

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

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

CONTRACT AWARD.

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

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

TERMS AND CONDITIONS OF THE RESULTANT CONTRACT.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The National Institutes of Health Multiple Award -- Indefinite Delivery/Indefinite Quantity Task Order Contract for Paving Services for the NIH Campus Bethesda, Maryland, NIHAC Poolesville, Maryland and other adjacent properties owned or leased by the NIH.

ARTICLE B.2. PRICES

The Contractor shall be reimbursed by the Government in an amount not less than a total of $2,500 (minimum)nor more than a total of $15,000,000 (maximum) for successful performance of this contract. The minimum of $2,500 represents the guaranteed minimum to IDIQ contract awarded over the 5-year life of the contract,including all options.

The amount of $15,000,000 is the aggregate amount for all contract awards and taskorders thereto over the 5-year life of the contracts, including all options.

The contract will be funded on a task order by task order basis for the base year and all option years. The period of performance for the base year and option years are as follows:

Base Year (12 Months): September, 2011 through September, 2012.

Option Year 1: (12 Months): September, 2012 through September, 2013.

Option Year 2: (12 Months): September, 2013 through September, 2014.

Option Year 3: (12 Months): September, 2014 through September, 2015.

Option Year 4: (12 Months): September, 2015 through September, 2016.

The Government must exercise the option year period through a formal modification of the contract(s).

Range of Task Orders. The task orders issued under the IDIQ contracts will range from $2,500 to $1,000,000. At the option of the Government, an individual task order may exceed $1,000,000.

In accordance with the work specified in each task order, and upon delivery work and acceptance of the work by the government, payments will be made in accordance with the payment schedule for each task order.

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ARTICLE B.3 GENERAL SCOPE

The Contractor shall perform maintenance repair, improvement, and marking for paved asphalt and concrete surfaces at NIH. Reference Article C.4 of the contract for locations.

ARTICLE B.4. CLINS STRUCTURE

There are seven (7) Contract Line Item Numbers (hence forth called CLIN/s) in the Pavement Maintenance Services Contract for the total of all maintenance repair, improvement, and marking of paved surfaces. CLIN one (1) is for maintenance repair and improvement of asphalt paved surfaces. CLIN two (2) is for maintenance repair and improvement of concrete surfaces. CLIN three (3) is for marking of paved surfaces. CLIN four (4) is for miscellaneous pavement maintenance work. CLIN five (5) is for inspections to identify needed pavement repair projects. CLIN six (6) is for emergency service call pavement maintenance work. CLIN seven (7) is for the Task Order pricing of petroleum based asphalt products used for asphalt pavement work. The use of CLIN seven (7) will reduce the level of risk to the Government and to the Contractor when projecting the cost of and when pricing petroleum products in an unpredictable and a volatile petroleum market place.

Because the NIH Task Order work will be performed in Maryland, pricing for asphalt petroleum products to be used in proposals for the performance of each Task Order will be taken from the most recent prior month pricing index from the Maryland State Highway Administration (MDSHA) regulations standard specification book, 504.04.01 ( http:// www.roads.maryland.gov/OHD/part3.pdf) (Part III Technical Requirement).

NOTE: Pricing for petroleum based asphalt products in CLIN 7 shall only be submitted within proposals for specific identified Task Orders and shall not be submitted in the CLIN 7 lines for the Base and four (4) Option Years of this solicitation document.

There are sub-CLINs within CLINs to identify the various type maintenance services within the major CLIN category of services. Sub-CLINs have alphabetic identities within the CLIN.

Each CLIN has a number of 1 to 5 in front of it. The front or first number represents the year of the contract. From the base year through the fourth option year of the contract, only the front number changes for each CLIN to reflect the five years of the contract from the base year through the fourth option year. The base year CLINs of the contract have a front or first number one (1); first option year CLINs have a front number two (2); second option year CLINs have a front number three (3); third option year CLINs have a front number four (4); and the last year or fourth option year has a front number five (5). Examples follow: CLIN 12 is CLIN #2 for the base year or first year (1) of the contract;

CLIN 33 is CLIN #3 for the second option year or third year of the contract (3); and CLIN 45 is CLIN #5 for the fourth option year or the fifth (5) and last year of the contract. The CLINs are structured so that charges on invoices, which shall cite the appropriate CLIN number for with each charge, can be identified to specific work for each year of the contract.

The definition of each CLIN follows below by CLIN #:

CLIN #1 is Firm Fixed Price Sub-CLIN rates for various types of asphalt work to be performed under Task Orders for pavement maintenance repair or Improvement projects.

CLIN #2 has Firm Fixed Price Sub-CLIN rates for various types of concrete work to be performed under Task Orders for pavement maintenance repair or Improvement projects.

CLIN #3 is Firm Fixed Price Sub-CLIN rates for various types of pavement marking work to be performed under Task Orders to mark and to remove marks from pavement.

CLIN #4 is Firm Fixed Price Sub-CLIN rates for miscellaneous types of pavement maintenance work to be performed under Task Orders.

CLIN #5 is Firm Fixed Price for an annual inspection to examine all paved areas to determine and report areas requiring repair with an accompanying cost estimate for each repair.

CLIN #6 is Time and Materials fixed hourly rate for emergency pavement maintenance work.

CLIN #7 is Firm Fixed Price cost for petroleum based products used in Task Orders based upon the established Maryland rate per unit of product.

http://www.roads.maryland.gov/OHD/part3.pdf http://www.roads.maryland.gov/OHD/part3.pdf

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CLIN #7A is Firm Fixed Price cost for petroleum based asphalt products used in Task Orders based upon the established Maryland rate per unit of product.

CLIN #7B is Firm Fixed Price cost for petroleum based sealant products used in Task Orders based upon the established Maryland rate per unit of product.

ARTICLE B.5. PRICE STRUCTURE

ARTICLE B.5.1 BASE YEAR CLIN PRICING STRUCTURE

Pavement Maintenance Work - Base Year Asphalt CLIN Pricing Structure

CLIN 11 Asphalt Pavement Repair and Improvement Work Rates

CLIN

Type of Task Order

Project Work Estimated

Yearly Quantity Weekday Work Price per Unit of Work Weekend Work Price per Unit of Work 11A Bituminous surface course (nominal 1 1/2" to 2" thick) (without the price for petroleum based asphalt product used for Task Order)

2,000 tons $ ________ per ton per ton

11B Bituminous base course (nominal 2" to 8" thick) (without the price for petroleum based asphalt product used for Task Order)

6,000 tons $ ________ per ton per ton

11C 1" to 3" asphalt overlay (without the price for petroleum based asphalt product used for Task Order)

300 tons $ ________ per ton per ton

11D Remove bituminous pavement (3" to 10" thick including stone base)

3,500 tons $ ________ per ton per ton

11E Remove unsuitable subgrade material & replace with crusher run stone

1,000 cu yds $ ________ per cu yd per cu yd

11F Cold plane/mill asphalt (1/2" to 2" thick) Less than 100 sq yd

85 cu yds $ ________ per cu yd per cu yd

11G Cold plane/mill asphalt (1/2" to 2" thick) More than 100 sq yd

85 cu yds $ ________ per cu yd per cu yd

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Pavement Maintenance Work - Base Year Concrete CLIN Pricing Structure

CLIN 12 Concrete Pavement Repair and Improvement Work Rates

CLIN

Type of Task Order

Project Work Estimated

Yearly Quantity Weekday Work Price per Unit of Work Weekend Work Price per Unit of Work 12A New standing/integral curb & gutter 27 cu yd $ ________ per cu yd per cu yd

12B Remove & replace standing/integral curb & gutter

35 cu yd $ ________ per cu yd per cu yd

12C New flatwork (up to 4" thick)

27 cu yd $ ________ per cu yd per cu yd

12D New flatwork (4" to 8" thick)

27 cu yd $ ________ per cu yd per cu yd

12E New flatwork (4" to 8" thick reinforced)

27 cu yd $ ________ per cu yd per cu yd

12F Remove & replace flatwork (up to 4" thick)

27 cu yd $ ________ per cu yd per cu yd

12G Remove & replace flatwork (4" to 8" thick)

27 cu yd $ ________ per cu yd per cu yd

12H Remove & replace flatwork (4" to 8" thick reinforced)

27 cu yd $ ________ per cu yd per cu yd

12I Pour new concrete steps

27 cu yd $ ________ per cu yd per cu yd

12J Remove concrete up to 6" thick

27 cu yd $ ________ per cu yd per cu yd

Pavement Maintenance Work - Base Year Traffic Markings CLIN Pricing Structure

CLIN 13 Pavement Marking Work Rates

CLIN

Type of Task Order

Project Work Estimated

Yearly Quantity Weekday Work Price per Unit of Work Weekend Work Price per Unit of Work 13A Paint 4" white or yellow traffic line 25,000 linear ft N/A $ ________ per linear ft 13B Paint 6" white or yellow traffic line 12,500 linear ft N/A $ ________ per linear ft 13C Paint standard handicap logo each N/A $________ each

13D Paint 12" high block numbers each N/A $________ each

13E Paint standard traffic arrows each N/A $________ each

13F Paint white (8" X 6') traffic markings

"STOP", "YIELD",

"AHEAD"

each N/A $________ each

13G Install crosswalk tape markings , strong yellow (7 - 8" X 8') each N/A $________ each

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CLIN 13 Pavement Marking Work Rates and white 7 - 12" X 8" tape markings

13H Grind off up to 8" wide painted or taped traffic markings

1,000 linear ft N/A $ ________ per linear ft

Pavement Maintenance Work - Base Year Miscellaneous CLIN Pricing Structure

CLIN 14 Miscellaneous Pavement Repair and Improvement Work Rates

CLIN

Type of Task Order

Project Work Estimated

Yearly Quantity Weekday Work Price per Unit of Work Weekend Work Price per Unit of Work 14A Rebuild concrete catch basin covers (40 sq ft)

5 each $ ________ each $ ________ each

14B Adjust mahole cover elevations (18" maximum up or down)

8 each $ ________ each $ ________ each

14C Provide & install manhole adjust rings (2' to 3' diameter)

10 each $ ________ each $ ________ each

14D Construct new dry laid stone wall

250 face sq ft $ ________ per face sq ft per face sq ft

14E Dismantle & rebuild existing stone walls

100 cu yds $ ________ per face sq ft per face sq ft

14F Supply & spread clean fill or sandy loam topsoil

100 cu yds $ ________ per cu yd per cu yd

14G Apply coal-tar sealer (without the price for petroleum based sealant used for Task Order)

5,000 sq yds per day minimum

N/A $ ________ 5,000 sq yds per day minimum

Pavement Maintenance Work - Base Year Miscellaneous CLIN Pricing Structure

CLIN 14 Miscellaneous Pavement Repair and Improvement Work Rates

CLIN

Type of Task Order

Project Work Estimated

Yearly Quantity Weekday Work Price per Unit of Work Weekend Work Price per Unit of Work 14A Rebuild concrete catch basin covers (40 sq ft)

5 each $ ________ each $ ________ each

14B Adjust mahole cover elevations (18" maximum up or down)

8 each $ ________ each $ ________ each

14C Provide & install manhole adjust rings (2' to 3' diameter)

10 each $ ________ each $ ________ each

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CLIN 14 Miscellaneous Pavement Repair and Improvement Work Rates 14D Construct new dry laid stone wall 250 face sq ft $ ________ per face sq ft per face sq ft

14E Dismantle & rebuild existing stone walls

100 cu yds $ ________ per face sq ft per face sq ft

14F Supply & spread clean fill or sandy loam topsoil

100 cu yds $ ________ per cu yd per cu yd

14G Apply coal-tar sealer 5,000 sq yds per day minimum

N/A $ ________ 5,000 sq yds per day minimum

Inspection of Paved Areas - Base Year CLIN Pricing Structure

CLIN 15 Inspection of Paved Areas for Repair

CLIN

Joint NIH and NIHAC

Inspection and Report Fixed Price 15 Annual Inspection and Report of

Paved Areas for Repair at NIH and

NIHAC

Emergency Service Call - Base Year CLIN Pricing Structure

CLIN 16 Emergency Service Call Pavement Maintenance

CLIN

Joint NIH and NIHAC Emergency

Pavement Maintenance Price per Labor Hour 16 Emergency services for pavement maintenance

Petroleum Base Products for Task Orders - Base Year CLIN Pricing Structure

NOTE: Submitted for Task Orders only

CLIN 17 Petroleum Based Asphalt and/or Sealant Products Used for Task Orders

CLIN

Petroleum

Based Product Units (Tons/

Gallons) of Product Fixed Price per Unit of Product

Total Price of Products

17A Petroleum based asphalt product

17B Petroleum based sealant product

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ARTICLE B.5. CHANGE ORDERS

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

Equitable Adjustments Due to Changes

1) The contractor shall submit a proposal for all changes in the work within 14 days from the effective date of thechange order or request for proposal. With each proposal for a change involving an increase or decrease in theamount of the contractor task order, the contractor shall submit separately an itemized breakdown that will include, butnot be limited to, the following:

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

b) Direct performance time of change.

c) Impact on schedule, if any.

d) Impact costs, if any.

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

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

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

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

6) Time Extension:When the contractor submits a change proposal without a corresponding Time Impact Analysis, meeting therequirements 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 theContractor shall not thereafter be entitled to request or receive any such extension(s).

7) Delay and Impact Costs:Any proposal for delay and impact costs that is not submitted within 60 days after completion of the work identified inthe change will not be considered. This requirement is in addition to the scheduling updates required for constructionof the project. If there are circumstances which prevent the contractor from ascertaining delay for impact during thistime, a status update, including but not limited to a critical path analysis, shall be submitted within this time and at 60day 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 toenable the government to respond to any claims for delay in the light of conditions then current.

ARTICLE B.6. 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 Statementof 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 thiscontract, the Government may, by unilateral contract modification, require the Contractor to perform theOption Period(s) specified in the Statement of Work as defined in SECTIONS C and F of this contract. If theGovernment exercises this/these option(s), notice must be given before the expiration date of the contract.

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

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. STATEMENT OF WORK

a. Independently and not as an agent of the Government, the Contractor shall be required to furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the Statement of Work, dated March 2011, attached hereto and made a part of this Solicitation (See SECTION J - List of Attachments).

ARTICLE C.2. GENERAL INTENTIONS

Pavement maintenance Task Order work is located on the grounds of the National Institutes of Health (NIH), 9000 Rockville Pike, Bethesda, Maryland; 9030 Old Georgetown Road (Building 82), Bethesda, Maryland and at the National Institutes of Health Animal Center (NIHAC), 16701 Elmer School Road and at 22765 Club Hollow Road, Poolesville, Maryland.

The work shall be performed by a specialty contractor and/or subcontractor(s). A specialty contractor shall mean a contractor of established reputation in the field of general and specific pavement cleaning and maintenance.

The Contractor shall perform work independently and not as an agent of the Government. The Contractor shall provide all of the necessary qualified personnel, material, equipment, tools, and supplies as needed to perform any or all of the requested services as described herein the Grounds Maintenance SOW and Work Specifications.

ARTICLE C.3. BACKGROUND

a. The National Institutes of Health (NIH) main campus is located in Bethesda, Maryland. As a part of the U.S. Public Health Service under the Department of Health and Human Services, NIH is the Federal Government's primary biomedical research agency.

b. The Construction Management Branch (CMB), Office of Research Facilities (ORF) is committed to applying sound engineering and architecture to provide quality facilities supporting the NIH mission. CMB, ORF adheres to a quality system of management and continuous improvement to ensure that the quality of goods and services consistently exceeds our customers' expectations. ORF maintains policies and standard operating procedures that are communicated to all CMB, ORF employees.

ARTICLE C.4. NIH LOCATIONS

Task orders under this contract may be performed at any of the following NIH facilities:

Reference - Article C.4 of Contract for locations.

ARTICLE C.5. DEFINITIONS

a. Contracting Officer. "Contracting officer" means a person with the authority to enter into, administer, and/ or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts."Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts.

A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR Chapter 1) to administrative contracting officer or termination contracting officer does not:

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(1) Require that a duty be performed at a particular office or activity; or

(2) Restrict in any way a contracting officer in the performance of any duty properly assigned.

b. Contractor. The term Contractor as used herein refers to both the prime Contractors and any of their subcontractors. The Contractor shall ensure that subcontractors comply with the provisions of this contract.

c. Contractor Representative. A supervisor, superintendent, or manager assigned in accordance with the clause entitled SUPERINTENDENCE BY THE CONTRACTOR.

d. Project Officer. Person(s) designated by the Contracting Officer to be the authorized Contracting Officer Technical Representative (COTR).

e. Quality Assurance (QA). A method used by the NIH to provide some measures of control over the quality of purchased goods and/or services received.

f. Quality Control (QC). A method used by the Contractor to control quality of goods and/or services produced.

g. Scope of Work. Refers to a specific job which will be ordered by an individual task order.

h. Task Order. "Task order" means an order for services placed against an established contract or with Government sources.

ARTICLE C.6. GENERAL REQUIREMENTS

The Contractor shall perform pavement maintenance services in compliance with specifications of this contract on the grounds of the National Institutes of Health (NIH), 9000 Rockville Pike, Bethesda, Maryland; 9030 Old Georgetown Road (Building 82), Bethesda, Maryland and at the National Institutes of Health Animal Center (NIHAC), 16701 Elmer School Road and at 22765 Club Hollow Road, Poolesville, Maryland. Maintenance Services shall include pavement repair and improvement.

For Contractor reference, an aerial photograph map of the NIH Bethesda Campus is at Attachment 15.1, Aerial Photograph of NIH Bethesda Campus Grounds and a GPS aerial photograph of the NIHAC Poolesville Campus is at Attachment 15.2, GPS Aerial Photograph of NIHAC Poolesville Campus Grounds.

ARTICLE C.7. PAVEMENT MAINTENANCE EMERGENCY SERVICE CALLS

The Contractor shall perform on-call emergency Pavement Maintenance Service Calls in response to Government requests for work that is in addition to fixed price Pavement Maintenance Services work identified in this contact. The Contractor shall respond to be on site to start work within one hour of receiving a service call for emergency pavement repair maintenance work.

The Contractor shall perform emergency on-call Pavement Repair Service Calls in response to Government requests to abate a dangerous pavement condition. Upon abatement of the dangerous condition, the Government will convert the work to a firm fixed price task order if further work is necessary to complete repairs beyond abatement of the emergency. The Contractor shall respond to be on site to start work within one hour of receiving a service call for emergency work required by the Government and proceed until the existing dangerous condition is abated. The Contractor shall provide all required materials. The Contractor shall notify the Project Officer by telephone when the Contractor's work force is on site prepared to begin work.

Emergency Service Call work shall be included as a separate line in the follow-on task order invoice billing by the Contractor.

The Contractor shall not perform Service Calls requiring more than $5,000 in materials and more than 80 labor hours to complete. The Contractor shall inform the Project Officer when the Contractor estimates that a service call will require more than $5,000 in materials and more than 80 hours labor to complete.

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The Project Officer will initiate the Service Call by telephone call to the Contractor. The Project Officer will inform the Contractor as to the nature and location of the service requirement or emergency that the Contractor shall rectify. The Project Officer will meet the Contractor's work force to clarify the required work at the work site upon being notified by the Contractor that the work force is on site and prepared to start work.

The Contractor shall enter the description of each service call with corresponding start and finish times, labor hours, materials, and other descriptive information into the Government's Computerized Maintenance Management System (CMMS) upon completing work. The Government will assist the Contractor with developing the skillls to complete entries into the CMMS.

ARTICLE C.8. MONTHLY WORK PLAN FOR PAVEMENT MAINTENANCE SERVICES

The Contractor shall plan and control all Pavement Maintenance Services work. The Contractor shall prepare a Monthly Work Plan that shall include all known on-going or projected Pavement Maintenance task order work for each month and submit it to the Project Officer electronically for approval not later than three (3) workdays prior to the beginning of each month. The plan shall project the work events for each month by the week in which the Contractor intends to perform the events. The Project Officer will transmit approval electronically back to the Contractor prior to the start of each month. During the course of the contract, the Contractor shall adhere to the Monthly Work Plan unless the Project Officer approves a formal request from the Contractor to modify or deviate from the Plan or the Project Officer requests a change to the plan.

Planned task order work shall be identified in the categories shown in the CLINS STRUCTURE SECTION B.3 and PRICE STRUCTURE SECTION B.4 for Pavement Maintenance Services. The Contractor's invoices with accompanying work data shall reflect the same CLIN structure and pricing.

Contractor adherence to the Monthly Work Schedule will be one of the subjects the Project Officer and the Contractor's QCM will jointly review during their monthly performance meeting.

ARTICLE C.9. QUALITY CONTROL (QC)

The Contractor shall develop and maintain a Quality Control program to ensure all Contractor services, Subcontractor services, administration, personnel, equipment, parts, and materials meet performance requirements and health and safety standards stated in this contract. The Contractor shall designate a Quality Control Manager (QCM) to be the contractor's point of contact for QC. The Contractor shall be responsible for quality control of Contractor and Subcontractor work. As part of the Quality Control Program the Contractor shall develop a Quality Control Plan (QCP) to be used as a procedural guide to performing Contractor and Subcontractor work. The Contractor shall submit the QCP to the Project Officer for approval before starting work, but not later than thirty (30) calendar days after contract award. The QCP shall include the name of the Contractor's QCM and procedures for controlling the quality of work.

As a minimum, QC procedures shall include documented inspections of work and a monthly self evaluation report not later than the first week after the beginning of each month. The report shall be the Contractor's self evaluation of Contractor and Subcontractor performance. Evaluation shall be a combination of quantitative scoring (percent of inspections that verified work met contract standards) and narrative that addresses issues/problems/deficiencies and corresponding corrective actions taken and in progress). The Contractor shall submit the monthly performance reports to the Government's Project Officer as arranged between the Project Officer and the QCM. The Project Officer will meet monthly (or after designated work events depending upon the Contractor's work schedule as arranged between the Project Officer and the QCM) with the QCM to discuss and examine contractor performance. As an example:

Contractor adherence to the Monthly Work Plan will be one of the subjects the Project Officer and the Contractor's QCM will jointly review during their monthly performance meeting.

Each performance requirement will contain the following three elements: Performance Objective, Performance Measures and Performance Standard. In each case, when taken together, these elements constitute a performance requirement. Any unacceptable service, that is, failure to achieve a performance requirement, shall be promptly rectified by the Contractor.

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Contractor quality requirements are located in Quality Assurance attachments for Quality Performance Objectives, Quality Performance Measurements, and Quality Performance Standards for Pavement Repair and Improvement Services. Each has quality requirements unique to the respective function.

The Project Officer will inspect all Contractor work periodically and 100% of some Contractor work for an independent assessment of Contractor performance.

Inspection variations from the above quality control requirements are identified below within the specific maintenance service areas to which the respective variations apply.

The Contractor shall correct performance issues within 48 hours following quality assurance inspections and notification of performance deficiencies or incomplete performance.

C.9.1 PAVEMENT REPAIR AND IMPROVEMENT SERVICES

The Project Officer will perform periodic inspection of all task order work, 100% inspection of materials, some critical pavement work, and any emergency work, removed trees, and turf repairs. The Project Officer will accompany the Contractor to inspect final finished work upon notification by the Contractor that work is complete before the Contractor is released.

C.9.2 EMERGENCY SERVICE CALLS

The Project Officer will accompany the Contractor to inspect finished emergency service call work upon notification by the Contractor that work is complete before the Contractor is released.

ARTICLE C.10. MULTIPLE AWARD TASK ORDER PROCEDURES

a. GENERAL

1) Work under this contract shall be ordered by written Request for Proposal letters to the Contractors by the Procuring Contracting Officer/Ordering Officer. The Contracting Officer shall send Request(s) for Proposal to the contractors that are awarded contracts from this solicitation.

2) Each award as a result of this solicitation shall cite the Contract Number, Task Order Number and Work Order Number.

3) The Government shall not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed Task Orders or the Contracting Officer.

4) Task orders shall be firm fixed price and clearly define the specific services to be performed or the performance desired. Each order shall contain applicable clauses and provisions specific to that work.

5) Work under this requirement will be ordered by the issuance of task orders. Request for Task Order Proposals, and evidence of work performed may be issued by mail, facsimile, or electronically.

b. COMPETITION

1) Competition for task orders is limited to those awardees under this contract. All awardees shall be given a fair opportunity to be considered for each task order.

2) Unless the Contracting Officer applies the exception noted below, each task order shall be awarded, as a result of competition to the contractor who offers the best value to the Government considering the criteria specified. The Contracting Officer's decision for award of a task order cannot be protested unless the protest is on the grounds that the task order increases the scope, period, or maximum value of the contract.

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3) Each Contractor shall be given a fair opportunity to be considered for award of a task order; however, the Contracting Officer reserves the right to make award of a task order without competition based upon a determination that the Government's interest are best served by:

(a) Awarding a follow-on effort to a previous task order to the incumbent contractor if it is in the Government's best interest;

(b)The services are of a unique nature and only one contractor is capable of providing the level of quality to satisfy the Government's requirements;

(c) Placing a task order with a contractor without competition when an unusual and compelling urgency exists that would be harmful to the Government if a task order was not issued promptly;

(d) Placing a task order with the contractor without competition when it becomes evident that the minimum guarantee must be satisfied;

c. REQUIREMENTS FOR PROPOSALS

1) The Government is not obligated to obtain written technical proposals or hold discussions prior to award of a task order. If the Government determines that technical proposals are necessary, proposals may be required in writing and/or through oral presentations. Should proposal(s) contain deficiencies that would preclude awarding the task order, discussions may commence with those considered highly likely to receive an award. If discussions are necessary, final proposal revision shall be requested.

2) A written cost proposal shall be requested. Cost reasonableness shall always be taken into consideration prior to award of a task order.

3) Cost associated with preparation, presentation, and/or negotiations shall not be an allowable direct cost.

4) Technical Proposals, if required, may address one or more of the following factors:

• Planning/Design

• The Contractor's technical understanding of the work

• The most efficient and effective plan to accomplish the work

• Rationale for proposed materials, types and quantities

• Qualifications of subcontractors and designers

• Project Management Team

d. SELECTION CRITERIA

The following criteria will be considered when contractors compete for award of a task order.

1) Past Performance.

Past Performance shall always be a consideration in selection of a contractor prior to each task order. Past Performance of subcontractors may also be considered.

2) Credentials & Relevant Experience

Credentials and relevant experience shall always be a consideration in the selection of a contractor or subcontractor.

The contractor shall provide credentials relevant to the construction project for which they are competing. NIH will judge the eligibility of the applicants based on professional experience and licensure, working knowledge of the NIH Design Requirements and the ability to provide a wide breadth of in-house expertise.

Minimum credentials include:

1) Demonstration of working knowledge of and experience with organizational design policy and guidelines and design requirements while performing past work aligned with the requirements of this solicitation.

2) Knowledge of codes and standards applicable to the facility type, complexity and geographic location.

3) Current Curriculum vitae for key staff

4) If key staff changes mid-project, NIH must be notified of replacement along with CV for that individual.

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5) Additional documentation as requested which may include training in high containment facility design, construction or commissioning.

6) Quality of Deliverables

7) Ability to Meet Schedule Requirements

8) Cost Control and/or Cost and Price

a. Proposals shall require the contractor to certify that the corporate G&A and profit rates for that order do not exceed the maximum rates in the contract. The cost proposal shall contain sufficient information to allow the Government to perform a basic analysis of the proposed cost or price of the work. This information shall include the amounts of the basic elements of the proposed cost or price. These elements shall include, as applicable, direct labor, fringe benefits, travel, material, subcontracts, purchase parts, shipping, indirect costs and rate, fee, and profit.

b. Information other than Cost or Pricing Data. (1) Information submitted shall consist of data to permit the Contracting Officer and authorized representatives to determine price reasonableness or cost realism, e.g., information to support an analysis of material cost (when sufficient information on labor and overhead rates is already available), or information on prices and quantities at which the offeror has previously sold the same or similar items.

c. Any information submitted must support the price proposed. Include sufficient detail or cross references to clearly establish the relationship of the information provided to the price proposed. Support any information provided by explanation or supporting rationale as needed to permit the Contracting Officer and authorized representatives to evaluate the documentation.

e. TASK ORDER AWARD

Task order award shall be made to the contractor who offers the "best value" to the Government considering the technical merits and non-price factors described in the RFP

ARTICLE C.11. REPORTING REQUIREMENTS

a. Technical Progress Reports

1. In addition to the required reports set forth elsewhere in this Schedule, 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 under taken 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 monitoring of the overall IDIQ contract and on a task order basis for each awarded task basis.

For proposal preparation purposes only, it is estimated that in addition to the required electronic version(s) 5 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) [X] Final - Upon final completion of each task order [X] Final - Upon final completion of the contract (with a requirement for a Draft Final Report)

b. Other Reports/Deliverables

All required reports and deliverables will be specified in each task order issued by the Government.

a. Roster of Employees Requiring Suitability Investigations

The Contractor shall submit a roster, by name, position, e-mail address, phone number and responsibility, of all staff (including subcontractor staff) working under the contract who will develop, have the ability to access, or host and/

- 19 -or maintain a Federal information system(s). The roster shall be submitted to the Contracting Officer's Technical Representative (COTR), with a copy to the Contracting Officer, within 14 calendar days of the effective date of the contract. Any revisions to the roster as a result of staffing changes shall be submitted within 15 calendar days of the change. (Reference subparagraph c. 2) of the INFORMATION SECURITY Article in SECTION H of this contract.)

b. Information Security Training Report

The Contractor shall maintain a listing by name and title of each employee (including subcontractors) working under this contract that has completed the NIH required information security training. Any additional security training completed by Contractor/Subcontractor staff shall be included on this listing. [The listing of completed training shall be included in the first technical progress report. (See Article C.2.a. Technical Progress Reports.) Any revisions to this listing as a result of staffing changes shall be submitted with next required technical progress report.] (Reference subparagraph d. of the INFORMATION SECURITY Article in SECTION H of this contract.)

c. Reporting of New and Departing Employees

The Contractor shall notify the Contracting Officer's Technical Representative (COTR) and Contracting Officer within five business days of staffing changes for positions that require suitability determinations as follows (Reference subparagraph f. of the INFORMATION SECURITY Article in SECTION H of this contract.):

(1) New Employees: Provide the name, position title, e-mail address, and phone number of the new employee.

Provide the name, position title and suitability level held by the former incumbent. If the employee is filling a new position, provide a description of the position and the Government will determine the appropriate security level.

(2) Departing Employees: 1) Provide the name, position title, and security clearance level held by or pending for the individual; and 2) Perform and document the actions identified in the "Employee Separation Checklist" (see Section J Attachments), when a Contractor/Subcontractor employee terminates work under this contract. All documentation shall be made available to the COTR and/or Contracting Officer upon request.

ARTICLE C.12. PERSONNEL QUALIFICATION

All work shall be performed by a specialty contractor and/or subcontractor/s. A specialty contractor shall mean a professional contractor of established reputation in the field of pavement maintenance work being performed.

The Contractor shall perform work independently and not as an agent of the Government. The Contractor shall provide all the necessary qualified personnel, material, equipment, tools, and supplies as needed to perform any or all of the requested services as described herein.

Personnel operating heavy equipment shall have adequate training and experience with the specific equipment they shall operate, shall use the equipment in a proper and safe manner, and shall be certificated for equipment operation where required by Maryland State Statutes.

ARTICLE C.13. WORKING HOURS

Working hours at NIH Bethesda are between 7:00 a.m. and 5:00 p.m. weekdays and between 9:00 a.m. and 5:00 p.m. on weekends unless otherwise stated below. To show respect for the privacy of adjacent neighborhoods, NIH established a 250 foot wide "Green Buffer Zone" around the campus perimeter to buffer private residences from the campus. The most important part of the buffer zone runs along the south border from Multi-level Parking Garage 6 at Old Georgetown Road and extends east to Rockville Pike. The Contractor shall refrain from conducting any maintenance activities before 7:00 a.m. and after 5:00 p.m. on weekdays and no earlier than 9:00 a.m. nor later than 5:00 p.m. on weekends and holidays. The Contractor shall coordinate times to perform work in the residential area of the NIH Bethesda Campus when the work requires the use of loud equipment.

Working hours at NIHAC Poolesville are between 6:00 a.m. and 6:00 p.m.

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Painting of traffic control lines and symbols shall normally be scheduled for and performed between 6:00 p.m. and 7:00 a.m. or over weekends and holidays. Painting of parking lot lines shall not interfere with weekday parking nor block any parking space during duty day working hours. Parking lots shall be open and fully accessible by 6:00 a.m.

on normal duty days.

Coal-Tar asphalt sealer shall be applied to asphalt surfaces on weekends and holidays so that roadways are open for traffic by 5:00 a.m. Monday morning or the next business day.

The Project Officer may approve exceptions to time constraints to reduce interference with normal workday traffic and parking and workday activities.

ARTICLE C.14. CONTRACTOR FURNISHED ITEMS

C.14.1 CONTRACTOR VEHICLES

The Contractor shall own, or have immediately available, sufficient (quantity and type) machinery, and tools to perform the work specified herein. All machinery, equipment, and tools required shall be in good, safe, and efficient working order.

Under no circumstances shall Contractor employees work, service or clean their private vehicles on either the NIH or NIHAC campuses. Only maintenance on Contractor identified equipment and vehicles shall be allowed on the facilities.

All Contractor and Sub-contractor vehicles and equipment, including but not limited to trucks, tractors, and trailers shall be well maintained, washed periodically, and shall clearly display the company name, address, telephone number.

Motor vehicles and trailers shall have and display valid license plates.

C.14.2 CONTRACTOR EQUIPMENT

Any equipment allowed by the Project Officer to be stored on NIH property shall be kept only in designated areas and shall be the Contractor's total responsibility. The Government will not accept responsibility for loss or damage to any property of the Contractor.

ARTICLE C.15. MANAGEMENT

The Contractor shall appoint managers and supervisors to…