Solicitation_NIHOF2011367_01-25-2012-Amendment00006.pdf

(x)

NIHOF2011367

x x

4 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

MD 20892-5711

Bethesda

ADM-ORF

Bldg 13 / Room 2E48 / MSC 5711 OA / Office of Research Facilities Architect-Engineering & Construction Contract National Institutes of Health

MD 20892-5711

Bethesda

IO-ORF

Bldg 13 / Room 2E48 / MSC 5711 OD - Office of Research Facilities Jessica N. Hadley, AECCB National Institutes of Health

HQC1139410/25/2011000006

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

10/14/2011

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

No phone inquiries will be accepted

UPDATE to Sections L & M

Mandatory Qualification Criteria 5: SBA Acceptance Letter (Market Tier 3 Contractors Only)

Provide a copy of your SBA acceptance letter "and most recent" annual review letter.

The Phase I Market Tier 3 Proposal Due Date Remains January 31, 2012.

Period of Performance: 03/23/2012 to 03/22/2013

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

KENNETH M. ROMAN

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 118

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

NIHOF2011367/000006

No phone inquiries will be accepted.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

RFP Number : NIHOF2011367

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RFP TABLE OF CONTENTS

PART I - THE SCHEDULE

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

ARTICLE H.1. WAGE RATES

ARTICLE H.2. INSURANCE

ARTICLE H.3. SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

ARTICLE H.4. GENERAL CONDITIONS

ARTICLE H.5. CONTRACTOR HEALTH AND SAFETY REQUIREMENTS

ARTICLE H.6. ENERGY STAR AND LEED REQUIREMENTS

ARTICLE H.7. REVIT/BIM

ARTICLE H.8. NEEDLE DISTRIBUTION

ARTICLE H.9. PRESS RELEASES

ARTICLE H.10. RESTRICTION ON EMPLOYMENT OF UNAUTHORIZED ALIEN WORKERS

ARTICLE H.11. PROTECTION OF PERSONNEL WHO WORK WITH NONHUMAN PRIMATES

ARTICLE H.12. OPTION PROVISION

ARTICLE H.13. SUBCONTRACTING PROVISIONS (for LARGE BUSINESS CONCERNS)

ARTICLE H.14. ACCESS TO NATIONAL INSTITUTES OF HEALTH (NIH) ELECTRONIC MAIL

ARTICLE H.15. TASK ORDER/DELIVERY ORDER CONTRACT OMBUDSMAN

ARTICLE H.16. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE

PART II - CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

TECHNICAL PROPOSAL ATTACHMENTS

BUSINESS PROPOSAL ATTACHMENTS

INFORMATIONAL ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1. GENERAL INFORMATION

a. INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION

b. NOTICE OF SMALL BUSINESS SET-ASIDE (APPLICABLE TO MARKET TIER TWO)

c. NOTICE OF 8(a) COMPETITIVE SET-ASIDE (APPLICABLE TO MARKET TIER THREE)

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

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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. 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. Privacy Act - Treatment of Proposal Information

8. Selection of Offerors

9. Solicitation Provisions Incorporated by Reference

b. PHASE I & II - TECHNICAL PROPOSAL INSTRUCTIONS

c. PHASE II - BUSINESS PROPOSAL INSTRUCTIONS

SECTION M - EVALUATION FACTORS FOR AWARD

1. GENERAL

2. MANDATORY QUALIFICATION CRITERIA

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PART I - THE SCHEDULE

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

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

CONTRACT AWARD.

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

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

TERMS AND CONDITIONS OF THE RESULTANT CONTRACT.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The National Institutes of Health (NIH) Office of Research Facilities' (ORF) has a requirement for construction, Design/ Build, alterations and repair services, ranging in costs between $10,000.00 and $25 Million (FY 2011 dollars), for the following types of spaces:

a) Clinical and patient care units and all related areas to include general and specialized hospital spaces, including surgical areas.

b) General or highly specialized biomedical research laboratory spaces and all associated support areas to include Bio-safety level BSL-2, BSL-3, and BSL-4 laboratory.

c) General or highly specialized animal spaces and all associated support areas.

d) Office, administrative, public and all associated support areas.

e) Interior and exterior utility systems including chiller and steam plants, electrical vaults, etc.

f) Parking Garage

g) General Purpose areas such as paving, roofing, building exteriors, hardscaping, and utility efficiency upgrades to mechanical, electrical and architectural systems.

ARTICLE B.2. PRICING

The business proposal must contain sufficient information to allow the Government to perform a basic analysis of the proposed cost or price of the work. Offeror shall submit complete, populated Section B pricing Tables B1 through B5, "Prime Contractor Schedule of Rates", (see Section J - Attachments entitled: Proposal Cost Summary) information to include fully loaded rates (associated fringe, overhead, G&A and profit) for each labor category for the Base period and each Option Year thereafter.

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SAMPLE:

Table B1 - Prime Contractor Schedule of Rates (Base Year) Prime Contractor - (Enter Offeror's Name)

Labor Categories A B C D E F G H I J

CLIN Discipline

Hourly Rate ($)

Fringe

Fringe

Overhead

(A+C)*D Overhead

G&A % (A+C +E)*F

G&A ($)

Profit

(A+C+E +G)*H

Profit ($)

A+C +E+G+I

Loaded Hourly Rate ($)

Project

Executive

Sr.

Project

Manager

Project

Manager

QC

Manager

Safety

Manager

ARTICLE B.3. PRICES

a. The Contractor shall be reimbursed by the Government in an amount:

1. not less than a total of $5,000.00 (minimum) for successful performance of this contract for Market Tier 1 - Full and Open.

2. not less than a total of $2,500.00 (minimum) for successful performance of this contract for Market Tier 2 - Small Business Set-Aside.

3. not less than a total of $2,500.00 (minimum) for successful performance of this contract for Market Tier 3 - 8(a) Set-Aside.

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 pricing set forth in ARTICLE B.2. of this contract.

b. Pursuant to Option to Extend set forth in ARTICLE I.3. ADDITIONAL CONTRACT CLAUSES of this contract, the Government may, by unilateral contract modification, require the Contractor to perform the Option Period(s) specified in the Statement of Work as defined in SECTIONS C and F of this contract. If the Government exercises this/these option(s), notice must be given before the expiration date of the contract. Specific information regarding the time frame for this notice is set forth in the OPTION PROVISION Article in SECTION H of this contract. The fixed price of this contract will be increased as set forth in paragraph c., below.

c. Upon the delivery and acceptance of the Option Servicesdescribed in SECTION C of the contract and identified in the schedule of charges below, the Government shall pay the Contractor the unit price(s) set forth in Tables B2 through B5 "Prime Contractor Schedule of Rates" located in Section J - Attachment entitled: Proposal Cost Summary.

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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. 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. The NIH's mission is to seek fundamental knowledge about the nature and behavior of living systems and the application of that knowledge to enhance health, lengthen life, and reduce the burdens of illness and disability. Composed of 27 Institutes and Centers, the NIH provides leadership and financial support to researchers in every state and throughout the world.

The NIH is seeking qualified contractors to perform work in support of this mission.

ARTICLE C.2. DESCRIPTION

The NIH seeks highly qualified credentialed contractors with capability to perform tasks within a Multi-Tier, Multiple Award Contract (MAC), Indefinite Delivery Indefinite Quantity Contract for construction, Design/Build, alterations and repair services consisting of one (1) base year and four (4) one-year option periods with a maximum dollar amount of $800 million over the life of the contract. The Multi-Tiers consists as follows:

Market Tier 1 - Full and Open - $10,000,000 to $25,000,000

Market Tier 2 - Small Business Set-Aside- $3,500,000 to $10,000,000

Market Tier 3 - 8(a) Set-Aside- $10,000 to $3,500,000

It is the Government's intention to award no more than four (4) multi-award Indefinite Delivery Indefinite Quantity (IDIQ) contracts for each of the three Market Tiers (8(a), Small Business and Full and Open), with a cumulative ceiling for all awards within three Market Tiers not to exceed $800 million for the life of the 12 awarded contracts. The ceiling for each individual contract awarded shall be $800 Million; this will allow all contractors to be available until the cumulative ceiling is reached. The Contracting Officer shall have sole discretion to issue tasks exceeding or below the above Market Tier thresholds exclusively to another Tier.

All Market Tiers will be advertised under one solicitation; however, due to the number of anticipated responses from Offerors the receipt of proposals for each Market Tier shall be staggered approximately thirty days apart to facilitate the Government in its evaluation process.

Proposals for Market Tier 1 - Full and Open shall be delivered by the first of the three response dates under this Solicitation Number.

Proposals for Multi Tier 2 - Small Business Set-Aside shall be delivered by the second of the three response dates under this Solicitation Number. Proposals shall be delivered on or about 30 days after the Market Tier 1 - Full and Open proposals.

Proposals for Multi Tier 3 - 8(a) Business Set-Aside shall be delivered by the third of the three response dates under this Solicitation Number. Proposals shall be delivered on or about 30 days after the Market Tier 2 - Small Business Set-Aside proposals.

ARTICLE C.3. DEFINITIONS

The following definitions shall apply.

1. The acronym "A/E" shall be defined as the Architectural/Engineering Design Consultants not under contract with the Contractor;

2. The acronym "Contractor A/E" shall be defined as the Architect/Engineer Design Consultant under contract to the Contractor.

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

4. The acronym "CRA" shall mean Construction Risk Assessment - see Section J, Attachments.

5. The acronym "CQM" shall be defined as the Construction Quality Manager working as an agent of the Government.

6. The acronym "Contractor" refers to both the General Contractor and any subcontractors, consultants, etc. working under this contract. The General Contractor shall ensure that subcontractors, consultants, etc. comply with all provisions of this contract.

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

8. The acronym "CMB" shall be defined as the NIH's Construction Management Branch in ORF's Division of Property Management

9. The acronym "CPB" shall be defined as NIH's Capital Projects Branch in ORF's Division of Property Management

10. The acronym "DPM" shall be defined as ORF's Division of Property Management

11. The acronym "DTR" shall be defined as ORF's Division of Technical Resources

12. The acronym 'EV" shall be defined as Earned Value

13. The acronym "ILSM" shall be defined as the Interim Life Safety Measures for the Building 10 Clinical Center Complex- see Section J, Attachments.

14. The acronym 'QC" shall be the method used by the contractor to control the quality of the materials and workmanship.

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

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

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

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

19. The term "ORF Safety Officer "shall be an employee of the NIH, or designated representative who is responsible for the day-to-day management of the ORF Safety Program.

20. The acronym "PO" shall be defined as the NIH Project Officer also known as the Contracting Officer's Technical Representative (COTR) - See Section G for specific responsibilities.

21. The term "Government Project Team" shall be defined as the PO, CO, A/E, and CQM (If applicable).

22 The term "Record of Call" shall be synonymous to Task Order per FAR Part 2.

23. 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 with only minor punch list items to be completed.

24. The term "Task Order" or "TO" is a document prepared by the Contracting Officer that is issued to the Contractor for work to be performed. Task orders issued may be amended.

25. 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 for a minimum of one year following acceptance by the Government of the Contractor's work.

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26. Pre-Final Inspection - Pre-final Inspection is the Government Project Team inspection of the project where the Substantial Completion has been achieved and verified by the PO.

27. Final Inspection - Is the Government Project Team Inspection of the corrective work of the non-conforming items identified during the Pre-Final Inspection.

ARTICLE C.4. STATEMENT OF WORK

a. GENERAL REQUIREMENTS

1. The Contractor accepts the relationship of trust and confidence established with the Government by this contract, and covenants with the Government to furnish the Contractor's reasonable skill and judgment and to cooperate with the Architect/Engineer (A/E) and designated project representatives in furthering the best interests of the Government. The Contractor shall furnish construction administration and management services and use the Contractor's best efforts to perform the project in an expeditious and economical manner consistent with the interests of the Government and contract requirements.

2. The NIH requires the Contractor to provide all personnel and equipment to perform the supervisory and administrative services and all subcontracted and self-performed labor, materials and equipment to provide full and complete execution of work in accordance with each Task Order.

3. The selected contractors must maintain a professional staff with the ability and expertise to manage and supervise each Task Order. The Contractor will be required to obtain any other services deemed necessary for effective execution of task orders. The Contractors shall have the complete responsibility for the construction.

4. Selected contractors shall have sufficient and available single (equivalent to the applicable Market Tier maximum Task Order amount - Full and Open $25M; Small Business $10M; and 8(a) $3.5M) and aggregate bonding capacities to perform required project tasks.

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

6. Unless noted otherwise in the Task Order, the Contractor shall submit a project specific Quality Control Plan for each awarded Task Order. The Plan shall be in accordance with Division 1 of the NIH Master Specifications - See Section J.

7. It is the intent of the Government to utilize electronic documentation and e-mail as much as practical for all communications, reports and records in the design and construction of this project. The Contractor shall provide all required submissions in an applicable, if not already designated format by the contract or specifications. As a minimum 2 (two) electronic copies along with the 6 (six) hard copies shall be provided at each submission.

8. The Contractor shall consult with the Government, A/E and designated representatives regarding site use and improvements, and the selection of materials, building systems and equipment. The Contractor shall provide recommendations on actions designed to minimize adverse effects of labor or material shortages, time requirements for procurement, installation and renovation/construction completion; and factors related to construction cost including estimates of alternative designs or materials, preliminary budgets, and possible economies.

9. Where the A/E of Record is under contract to the Government, the Contractor will be provided with the drawings in the current NIH-Specified version of AutoCAD and in the NIH-Specified version of REVIT by Autodesk (including Revit Architecture, Structure, and MEP), which is a Building Information Modeling system (the "REVIT/BIMs") The Construction Contractor may use A/E's REVIT/BIMs in creating BIMs for construction.

Where the Contractor A/E is the designer of record, the contractor shall be responsible for the development and maintenance of the BIM using the specified version of REVIT/BIM. In either case, the Construction Contractor shall keep its BIMs current throughout the construction project and at the completion of the project shall deliver

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As-Built BIM and BIM Record Documents to the Government. (Not applicable to Market Tier 2 - Small Business Concerns or Market Tier 3 - 8(a) Business Concerns unless stated as such in Task Order)

10. All designs, whether provided by the Government or the contractor through a Design/Build must be designed, as a minimum, to conform to LEED certification requirements. Each Task Order will specify the LEED rating to be achieved.

11. Earned Value - Contractor shall provide with their Final Schedule Submission, a Monthly Total Estimated Invoice Amount with a corresponding description of Work to be delivered for that amount for the duration of the schedule. This Monthly Invoice Amount along with the narrative description of delivered work and milestone shall be used as the Baseline for delivery of work. The approved Actual Invoice amount will be measured against this baseline. Unless stated otherwise in the Task Order, this is not applicable to projects under $20 million.

12. Problem Solving - Inherent with the performance of the Contractor services is the cooperation, advice and actions necessary to identify, resolve, and implement expeditious solutions to problems arising during the execution of the project.

13. Unless specified otherwise in the Task Order, all documents prepared under this contract shall comply with the latest edition of the applicable design policies, guidelines and standards. Many of the applicable design policies, guidelines and standards at the time of award are available on the Web at :

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

Those policies, guidelines and standards not available on the Web will be provided as part of the Task Order.

These guidelines establish the minimum level of quality and NIH-specific requirements for all design and construction projects at NIH. The minimum requirements in this document, as modified by project-specific variances, shall be thoroughly coordinated and reflected in the drawings and specifications. The Contractor shall also comply with the latest edition of all applicable National and International codes, standards and regulations.

14. Work within Clinical Center Complex shall comply with the Joint Commission construction requirements and NIH Interim Life Safety Measures (ILSM) and Construction Risk Assessment (CRA) established by the NIH Division of Fire Marshall, ORF Office of Hospital Physical Environment (OHPE), and NIH Clinical Center. The process of establishing ILSM and CRA is outlined in Attachment J - NIH Clinical Center Complex (CCC) Interim Life Safety Measures (ISLM) and Construction Risk Assessment (CRA). For Design/Build projects within the Clinical Center Complex, the Contractor shall follow the procedures outlined in the NIH Clinical Center Complex (CCC) Interim Life Safety Measures (ISLM) and Construction Risk Assessment (CRA). Where the A/E firm is under contract to the Government the ISLM and CRA will be part of the construction contract requirements.

15. Work within Office spaces shall conform to "the NIH Office Fit-out Guidelines - The latest edition is accessible at the following web address:

http://orf.od.nih.gov/NR/rdonlyres/4B277DFE-74FF-47B6-8E4D-6278E5579B4F/20587/OfficeFitout1207.pdf

16. Animal Holding and Support Spaces: Renovation of animal spaces and associated support spaces shall comply fully with the requirements of the Association for Assessment and Accreditation of Laboratory Animal Care (AAALAC), NIH Design Requirements Manual (DRM) for Biomedical Laboratories and Animal Research Laboratories, and in consultation with NIH users and veterinary staff. The latest edition is available at the following address:

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

17. Renovation work in laboratory areas cannot start until the work area has been certified by the ORS Division of Safety as being clear of any hazardous material.

18. NIH Security: All Contractor vehicles, including delivery trucks and vans, will be inspected before being allowed on campus and will be asked to show a photo ID and state the purpose of their visit; however, Contractors and Vendors with frequent official business at NIH can be issued special temporary IDs. Be sure to allow extra time for this vehicle inspection procedure - see Section H.

http://orf.od.nih.gov/PoliciesAndGuidelines/ http://orf.od.nih.gov/NR/rdonlyres/4B277DFE-74FF-47B6-8E4D-6278E5579B4F/20587/OfficeFitout1207.pdf http://orf.od.nih.gov/PoliciesAndGuidelines/BiomedicalandAnimalResearchFacilitiesDesignPoliciesandGuidelines/DesignRequirementsManualPDF.htm http://orf.od.nih.gov/PoliciesAndGuidelines/BiomedicalandAnimalResearchFacilitiesDesignPoliciesandGuidelines/DesignRequirementsManualPDF.htm

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19. Weed Control: The Contractor will implement a weed control maintenance program to mitigate weed growth and prevent rodent infestation around construction sites, including along construction fence lines. This includes regular grass cutting.

20. Telephones: The Contractor shall be required to provide a local telephone number where a Contractor representative can be reached by the NIH for ordering work or any other purpose in connection with the work, 24 hours a day, 7 days a week and in case of emergencies.

21. Facsimile (FAX) Support: The Contractor will maintain a FAX with a dedicated telephone line and number located at the local office to receive and transmit FAX messages, 24 hours a day, 7 days a week.

22. Data/LAN Connection: The Contractor shall be required to provide its own data/LAN connection in order to provide Internet and data connectivity.

23. The Contractor shall create, manage, and make available to the NIH a Web-based collaboration system to share and store files. Such Web-based collaboration system will be specified by NIH at the time of award.

b. TASK ORDERS

Task Orders are the individual contract actions to perform work within the structure of this contract. Award of task orders will be on a fixed price basis, unless stated otherwise in the Request for Proposal, (i.e. Design Build with a Guaranteed Maximum Price (GMP) or Design/Build with a GMP with shared savings).

Task Orders shall be competed and awarded under the process defined in this contract by the issuing Contracting Officer (CO). Proposal requirements and selection criteria shall be provided in the solicitation and/or RFP for the individual Task Order.

Note: Effective October 2011, in accordance with Executive Order (E.O.) 13423, "Strengthening Federal Environmental, Energy, and Transportation Management" and E.O. 13514, "Federal Leadership in Environmental, Energy, and Economic Performance" and HHSAR Clause 352.223-71 "Instructions to Offerors - Sustainable Acquisition" (October 2011) offerors shall submit a Sustainable Acquisition Plan in their technical proposal, for each task order, that addresses the environmental products and services to be delivered under the resulting contract.

Division 1 of the construction contract specifications (Section J - Division 1 of NIH Master Specifications) provides the basic administrative and general conditions requirements for all Task Orders. The specifications may be adjusted as needed in the individual Task Order RFP. Such alterations shall apply only to the individual Task Order in which they are contained and shall not be interpreted as replacing or removing requirements from the basic contract specifications for any prior, current or future Task Order being competed or awarded, unless specifically noted otherwise.

Task Orders shall include, but are not limited to, Design/Build, alteration, renovation, repair, new construction and/or Activation/Occupancy of the following types of spaces:

1. Clinical and patient care units and all related areas to include general and specialized hospital spaces, including surgical areas.

2. General or highly specialized biomedical research laboratory spaces and all associated support areas to include Bio-safety level BSL-2, BSL-3, and BSL-4 laboratory.

3. General or highly specialized animal spaces and all associated support areas.

4. Office, administrative, public and all associated support areas.

5. Interior and exterior utility systems including chiller and steam plants, electrical vaults, etc.

6. Parking Garage

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7. General Purpose areas such as paving, roofing, building exteriors, hardscaping, and utility efficiency upgrades to mechanical, electrical and architectural systems.

Types of Task Orders issued under this contract include:

1. General Construction

2. Design/Build

3. Construction Manager at Risk

4. Activation and Occupancy

Section J contains a sample Scope of Work for a typical construction Task Order. This Scope of Work is included to provide the Offeror with an understanding of the type of services required for a General Construction Task Order. The actual Task Order will specify the type(s) and services required. Additional samples of work for other Task Order types will be made available to the awardees at a later date.

Task Orders may be performed at the following locations:

1. NIH Main Campus, Bethesda, Maryland (306 acres, 110 buildings, over 12.5 million gross square feet of space)

2. NIH Animal Center, Poolesville, Maryland (500 acres, 43 buildings, 336,000 gross square feet of space)

3. Leased facilities in Bethesda, Rockville, Baltimore, and Gaithersburg, Maryland (50 buildings, over 4 million gross square feet of space).

4. Gerontology Research Center (GRC), Baltimore, Maryland (7.5 acres, 210,000 gross square feet.)

Generally, all Task Orders issued under this contract will be competitive except as (FAR 16.505(b)(2)(i):

1. required to meet minimum contractual obligations;

2. awarding a follow-on effort to a previous Task Order to the incumbent contractor if it is in the Government's best interest;

3. the services are of a unique nature and only one contractor is capable of providing the service and level of quality to satisfy the Government's requirements;

4. An unusual and compelling urgency exists that would be harmful to the Government if a Task Order was not issued promptly.

5. For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

All contractors shall propose on each Request for Proposal (RFP) issued under this contract. The Government's expectation is that Awardees will actively participate in the Task Order competitive process under this Multiple Award IDIQ Contract. Continual lack of participation by an awardee shall be reviewed when considering option year execution. An awardee's intention to decline submittal of a proposal shall be forwarded to the CO within 5 days after receipt of the RFP.

c. CONTRACT PHASING

The phases under this contract may include, but not limited be to: (1) Pre-Construction; (2) Construction and Commissioning; (3) Activation; and (4) Closeout. The Task Order will identify the Contract Phase(s) and the specific elements of work to be performed for each phase.

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1. PRECONSTRUCTION SERVICES

Services include but are not limited to: Design (as part of Design/Build), surveys of existing conditions, constructability reviews, special studies relating to construction means and methods, and/or other services as described in the Task Order

a. CONTRACTOR A/E DESIGN AS PART OF DESIGN BUILD:

1. When required, Design submissions and reviews will take place at the schematic, 50%, and 95% (pre-final) stages unless otherwise required by the Task Order scope of work. NIH will review and provide comments on each planning submission in accordance with the NIH Design Management, Design Review and the Permit Process. (See Section J - Section 5-7 of NIH Facilities Development Manual) Design cannot proceed to the next submission until all submission comments review comments have been reviewed, discussed and the Project Officer has authorized design to proceed to the next stage. Unless noted otherwise in the Task Order, within two weeks after receiving the Pre-final Submission review comments the Contractor shall forward final 100% design sets to the Project Officer.

2. The Contractor A/E shall develop project-specific plans and specifications.

Reference should be made to the maximum extent possible to the NIH Master Specifications. A copy will be given to each successful Offeror. For those items not covered in the NIH Specifications, the A/E will develop the new specification using the latest version of the AIA (American Institute of Architects) Masterspecs® as the baseline to develop a project-specific specifications. When project-specific specifications are developed, provide a hard copy and electronic file in Word with the project submission. Specification submissions shall include hard copy [six (6) ea.

sets] and two electronic copies on compact disk [two (2) ea.].

3. The Contractor or their design consultant or subcontractor shall indicate the facility number for existing equipment (located on existing equipment or documented on ORF Record Drawings) on all design and construction documents. If these indicated items are to be removed and/or replaced during the completion of the task by direction of the design or construction documents, these items will be catalogued and new facility numbers shall be established. The Contractor shall work with the designated ORF office to identify and codify the replaced, relocated, or new equipment using the designated procedure currently being used by Real Property Management Office (RPMO) in the ORF's Division of Property Management. This includes displaying the facilities numbers of existing equipment in the designs up to 95%; obtaining new facility numbers for new equipment from RPMO and displaying both set of numbers, at the final design submission.

4. The contractor shall provide costs estimate at each submission milestones and at the final 100% submission for Design/Build tasks. The Contractor shall provide 6 hard copies and two electronic copies on disks or other approved electronic file storage device. All estimates shall include unit costs for labor, material and equipment and include appropriate mark-ups.

5. Unless specified otherwise in the Task Order, drawings shall be developed using the current NIH-specified version of AutoCAD and the NIH-specified version of REVIT by Autodesk (including REVIT Architecture, Structure, and MEP), which is a Building Information Modeling system, "REVIT/BIMs") The drawing submission shall include hard copies [six (6) full size, two (2) half size sets] and computer files on CD [two (2) ea.] or other specified electronic media.

b. CONSTRUCTABILITY REVIEWS:

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When required by the Task Order, the contractor shall review the drawings for constructability, review the A/E's schedules and budgets, and submit comments to NIH on their feasibility.

The Contractor shall also verify that the completed submission complies with the latest edition of the NIH Design Policy and Guidelines, Design Review Manual, and/or applicable codes and standards in effect at the time of the Design award. The Contractor shall collect review comments from all parties, prepare a consolidated list of all comments, adjudicate any conflicting comments, and transmit the consolidated comments to the PO with the Contractor's designation of its response to each review comment. Note: the Contractor shall be responsible for coordinating the satisfactory resolution of the A/E responses to the Government's review comments as necessary.

Prior to start of the construction documents, advise the PO and A/E on the availability of labor and materials within the local area. Provide timely advice to the PO and A/E on cost-reducing alternatives, which can be employed without impairing the overall quality level of the project, any defects, conflicts, ambiguities, discrepancies, or lack of clarity in contract documents, including the use of proprietary material.

c. PRE-AWARD SITE INSPECTIONS:

Upon receipt of the scope of work, including applicable drawings, and following a brief time period for reviewing the documents, the contractor shall inspect the job site. It is expected the Contractor will be present at the site visit, along with any subcontractors or suppliers invited by the Contractor. Any deficiencies, conflicts, or other areas of concern existing in the scope of work and applicable drawings, should be brought to the attention of the Contracting Officer in writing. The contractor shall also notify the Contracting Officer, in writing, upon observing any features in the design that appear to be ambiguous and/or conflicting.

d. PRE-CONSTRUCTION CONFERENCE

Prior to commencing work under a Task Order, the contractor will be required to meet with the Contracting Officer and/or designated technical personnel at an agreeable time to both parties to discuss and develop mutual understandings concerning schedule and administering work.

Information regarding individuals to contact to arrange a pre-construction conference will be provided at execution of an order. The contractor is responsible for ensuring this conference takes place promptly following award.

2. CONSTRUCTION SERVICES

a. Construction services shall be provided in response to individual task orders. The work may vary from routine general construction to renovating, retrofitting, or installing highly complex mechanical, plumbing, electrical, structural or containment systems that are used in biomedical laboratory and animal spaces to protect the occupant and the environment. Tasks will involve a variety of disciplines and trades and special expertise including, but not limited to, architecture, mechanical, electrical, structural engineering, bio-security, commissioning, carpentry, road repair, roofing, excavation, medical gasses, HVAC, interior electrical, steam fitting, millwork, plumbing, sheet metal, painting and other finishes, demolition, concrete, masonry, welding, asbestos, and other hazardous material abatement. The Contractor shall work closely with the PO in the execution of all Task Orders.

b. The Contractor shall have sufficient materials on site or under their direct control to aggressively and without interruption pursue construction once started through substantial completion. The Contractor shall demonstrate to the PO satisfaction that this condition has been met prior to starting construction.

c. On all awarded Task Orders, the Contractor shall be responsible for the following as a minimum:

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1. The Contractor shall provide an on-site office trailer and a staging area if required in support of this contract as shown on the bridging documents or as specified in the Task Order.

2. Management and Coordination of subcontractors.

3. Maintaining Schedule.

4. Construction Quality Control.

5. Safety.

6. Testing services, including construction material testing, factory witnessing, and field investigation and testing as required in support of this contract.

7. Project Management.

8. Development of cost loaded schedules for projects exceeding $3,000,000.

9. Earned value management.

10. Coordination (permits, shutdowns, road closures, document review) with state, local, and federal offices and internal NIH offices.

11. Coordination of work with surrounding Government and Contractor activities.

12. As required in the specific Task Order, Asbestos, Lead-based paint, PCB's, mercury, and hazardous waste abatement and remediation to including the surveying, inspecting, testing, abating, remediate, and disposal. This will also include remediation and abatement planning and design, including cost estimating.

13. Compliance with relevant environmental codes and regulations.

14. Compliance with HHS sustainability goals and requirements.

15. Record Documents.

16. Progress Meeting and minutes.

17. Commissioning.

d. Scheduling of pre-final and final inspections:

1. Notification for Pre-final Inspection. The Contractor and the Government will jointly conduct a pre-final inspection prior to any final inspection. Request for the pre-final shall be made in writing to the Contracting Officer at least 5 days prior to the desired date.

2. Pre-final Inspection. Discrepancies noted will be furnished by the Government inspector to the Contracting Officer. The Contracting Officer is responsible for furnishing a complete punch list, in writing, to the Contractor. Items noted on the punch list will be completed prior to scheduling a final inspection. As-built drawings, real property data, warranties, O&M manuals, etc., may be turned-in at time of final inspection.

3. Notification for Final Inspection. When the Contractor is ready for final inspection, he shall request so in writing to the Contracting Officer or his duly authorized representative at least 2 days prior to the desired date.

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3. ACTIVATION

When required by the Task Order, The Contractor shall provide services as required to plan, organize, program, schedule, monitor and control the relocation of the new occupants from their existing facilities.

This may involve conducting in-depth surveys, coordinating and supervising the relocation of existing equipment and furnishings, and researching, ordering, receiving and installation of new equipment, furniture and fixtures (FF&E); and coordinating them all within the user's new spaces in the facility.

The actual physical moves will be performed by others, but the Contractor shall provide all materials and services required to schedule, coordinate, monitor, support and control the overall moves of the occupants. All surveys, reports and other documentation regarding these services shall be provided in writing to the PO and CO.

4. CLOSEOUT

a. Record Documents

The Contractor shall finalize project record documents, incorporating all "As-Built" conditions.

Submit all required record documents in accordance with the requirements established in the Project specifications to the Government for review and approval at the completion of the construction. All required record documents are identified in the Project specifications.

b. Operations and Maintenance Manuals

The Task Order specifications contain the requirements for the Operational and Maintenance documentation. The Contractor shall provide and administer the preparation of manuals/ documentation for the operation and maintenance of the building features/systems in "as-built" conditions. Such documentation shall include specifications, shop drawings, design calculations and operation/maintenance requirements in accordance with the Project specifications. The contractor shall submit their as-built documents in electronic format; CADD and/or PDF format as directed by the PO.

c. Training (If applicable to Task Order)

1. The requirements for testing are included in the Project specifications. The Draft Instruction Program/ Training Plan, Draft Training Modules, and Instructor/Facilitator qualifications are to be submitted and approved prior to Closeout training.

2. The software supplier's User Manual(s)/course material shall be provided for each employee attending the training.

3. All classroom instruction shall be videotaped for future reference. A copy of each video shall be provided to the Government for future training and reference.

d. Warranties and Guarantees

Submit specific warranties and guarantees, final certifications and similar documents as specified in the project specifications at the time of completion of each phase

e. Project Description and Construction Cost Data

The Contractor shall provide a project description and cost data report for each task order as part of the closeout documents. The intent and desired result is for a collection of historical construction cost data by functional areas. Provide three (3) copies of each report and all electronic files used to prepare the report. The following fields at a minimum shall be provided for the report:

1. Project name

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2. NIH unique Work Request Number

3. Brief description of the Project highlighting the facility type and major characteristics. If the Project is a building or portion of a building, identify all functional areas within the Project such as:

• office,

• clinical area,

• research laboratories,

• residential area,

• conference area,

• cafeteria,

• circulation and public spaces including lobbies,

• public restrooms and other support areas,

• mechanical/electrical/telecom rooms,

• loading dock and storage rooms.

4. Provide the total size of the Project in gross square feet (GSF). If the Project is a building or portion of a building, provide floor area in GSF of each functional area and the total size of the Project.

5. Date of construction contract award

6. Amount of the original construction contract award

7. Unit cost ($/GSF) for each functional area

8. Total amount of all change orders

9. Total number of change orders

10. Final cost of construction

11. Date of final construction completion.

Cost Report: The contractor shall for each functional area listed above provide a unit costs that is inclusive of the general conditions cost, all equipment, labor and material costs, and subcontractor mark-ups, and the Prime Contractor's Overhead and Profit.

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SECTION D - PACKAGING, MARKING AND SHIPPING

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

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SECTION E - INSPECTION AND ACCEPTANCE

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

For the purpose of Solicitation NIHOF2011367, Mr. Jay Hull is the Contracting Officer's Techincal Representative (COTR). An authorized COTR shall be identified at the issuance of each Task Order.

Inspection and acceptance will be performed at:

National Institutes of Health Office of Acquisitions / ORF (Individual Job Site to be Specified in the Task Order) 9000 Rockville Pike Bethesda, Maryland 20892

Acceptance may be presumed unless otherwise indicated in writing by the Contracting Officer or the duly authorized representative within 30 days of receipt.

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

(OFM).

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

FAR Clause 52.246-4, Inspection of Services - Fixed Price (August 1996).

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

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SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. PERIOD OF PERFORMANCE

a. The period of performance of Market Tier 1 shall be from March 2012 through March 2013.

• If the Government exercises its option(s) pursuant to the OPTION PROVISION Article in Section H of this contract, the period of performance will be increased as listed below:

Option Option Period One March 2013 through March 2014 Two March 2014 through March 2015

Three March 2015 through March 2016 Four March 2016 through March 2017

b. The period of performance of Market Tier 2 shall be from July 2012 through July 2012.

• If the Government exercises its option(s) pursuant to the OPTION PROVISION Article in Section H of…