Section_H_-_Special_Contract_Requirements_-_Revision_1.pdf

RFP Number : NIHOF2013536

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.1. HUMAN SUBJECTS

It is hereby understood and agreed that research involving human subjects shall not be conducted under this contract, and that no material developed, modified, or delivered by or to the Government under this contract, or any subsequent modification of such material, will be used by the Contractor or made available by the Contractor for use by anyone other than the Government, for experimental or therapeutic use involving humans without the prior written approval of the Contracting Officer.

ARTICLE H.2. NEEDLE DISTRIBUTION

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

ARTICLE H.3. ACKNOWLEDGEMENT OF FEDERAL FUNDING

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

ARTICLE H.4. DISSEMINATION OF FALSE OR DELIBERATELY MISLEADING INFORMATION

The Contractor shall not use contract funds to disseminate information that is deliberately false or misleading.

ARTICLE H.5. OPTION PROVISION

Unless the Government exercises its option pursuant to the Option Clause set forth in ARTICLE I.3., the contract will consist only of the Base Period of the Statement of Work as defined in Sections C and F of the contract. Pursuant to FAR Clause 52.217-9, Option to Extend the Term of the Contract set forth in ARTICLE I.3. of this contract, the Government may, by unilateral contract modification, require the Contractor to perform additional options set forth in the Statement of Work and also defined in Sections C and F of the contract. If the Government exercises this option, notice must be given at least 30 days prior to the expiration date of this contract, and the price of the contract will be increased as set forth in the OPTION PRICES Article in SECTION B of this contract.

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

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

ARTICLE H.7. TASK ORDER/DELIVERY ORDER CONTRACT OMBUDSMAN

In accordance with FAR 16.505(b)(5), the following individual has been designated as the NIH Ombudsman for task order and delivery order contracts.

[The appropriate individual will be included in the resultant contract as follows:]

Dr. Richard G. Wyatt

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NIH Competition Advocate 1 Center Drive, Room 160, MSC 0151 Bethesda, MD 20892-0151 Phone: (301) 496-4920

FAX: (301) 402-4273

e-mail: WyattRG@mail.nih.gov

ARTICLE H.8. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE

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

Office of Inspector General Department of Health and Human Services

TIPS HOTLINE

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

ARTICLE H.9. WAGE RATES

A wage determination of the Secretary of Labor shall be implemented in accordance with the statutes for labor standards requirements for contracts over $2,000 involving construction (FAR SUBPART 22.4). The wage determination for this requirement is set forth in Section J, "List of Attachments".

If a contract has not been awarded as a result of this solicitation within 90 days after receipt of offers, any wage rate modifications published in the Federal Register prior to award shall be effective with respect to that contract unless an extension of the 90 day period has been granted by the Administrator, Wage and Hour Division, Department of Labor.

In accordance with FAR 22.404-6(d), each time an option is exercised, the current Wage Determination at the time the Government is exercising the option will be incorporated with the modification exercising the option. That Wage Determination shall be utilized by all contractors awarded a contract under the MATOC for task orders awarded during that entire option year.

ARTICLE H.10. INSURANCE

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

1. Worker's Compensation and Employer's Liability

Contractors are required to comply with applicable Federal and State worker's compensation and occupational disease statutes. Employer's liability coverage of at least $100,000 shall be required except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

2. General Liability

Contractors are required to have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $2,000,000 per occurrence.

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3. Automobile Liability

The Contractor is required to have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

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

c. The Contractor shall also require all first-tier subcontractors who will perform work on a Government installation to procure and maintain the insurance required by the Schedule during the entire period of their performance.

The Contractor shall furnish (or assure that there has been furnished) to the Contracting Officer a current Certificate of Insurance meeting the requirements of 1. above for each such first-tier subcontractors, at least five

(5) days prior to entry of each subcontractor's personnel on the Government installation.

d. Current certificates of insurance shall be furnished by the Contractor and first tier subcontractor(s) to the Contracting Officer before starting work under the contract.

ARTICLE H.11. HEALTH AND SAFETY PLAN

The contractor is responsible for safety at the construction or work site. The contractor is also responsible for preparation of a safety plan and for carrying out the safety plan. The contractor staff shall maintain conformance to the health and safety plan throughout the course of construction.

Contractor inspectors shall consider safety a key element of their daily inspections.

The contractor is required to cooperate with officials of other agencies (Federal and/or state) who are vested with authority to enforce requirements of the Occupational Safety and Health Act. If required, the contractor will assist the Government in preparing accident and fire reports.

The contractor shall comply with the Statement of Work and Specification Section 01 35 26, Governmental Safety Requirements.

ARTICLE H.11.1. CONTRACTOR REQUIREMENTS

a. The contractor shall comply with applicable Occupational Safety and Health Administration (OSHA) Regulations and Specification Section 10 35 26, Governmental Safety Requirements.

b. Each contract employee is responsible for complying with applicable safety and occupational health requirements, wearing prescribed safety and health equipment, reporting unsafe conditions/activities, and avoiding actions and conditions that may result in an accident.

c. The contractor will not begin work authorized under this contract, except for authorized preliminary activities (i.e. mobilization), without first submitting for review each deliverable specified in this Contractor Health and Safety Requirements Section. Copies of each deliverable must be provided to the NIH Contracting Officer Representative (COR) and HSB Safety Officer ( om-hsb@niehs.nih.gov).

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d. Prior to Notice to Proceed, but no later than 14-working days before the project start date, the contractor's Project Manager and NIH COR shall meet to review and discuss the safety requirements of this contract. The contractor's Project Manager is responsible for coordinating the meeting arrangement.

e. The contractor and all subcontractors must have a confined space program on file and demonstrate that this program meets OSHA requirements. The contractor and all subcontractors must assure safe access for all employees as well as on-site OSHA confined space audits.

ARTICLE H.11.2. WAIVER FROM NIH IMPOSED CONTRACTOR HEALTH AND SAFETY

REQUIREMENTS

a. The contractor may request a waiver from the requirements contained in the Contractor Health and Safety Requirements section. The waiver does not release the contractor, subcontractor, or any party associated with this contract from federal, state, and local health and safety requirements.

b. The following must be addressed used when requesting a waiver or a variance:

1. The request must state the specific Contractor Health and Safety Requirement to be waived. State the period of time the requested waiver will cover.

2. Details as to why it is not possible or practical to comply with the requirement.

3. The request must explain the impact on the contractor operations and services if this waiver is not approved.

4. Statement as to whether a waiver (total elimination of the requirement) or a variance (retaining the basic requirement, but doing it differently) is being sought;

5. Explanation of the method the Contractor suggests to use in lieu of the existing requirement and how it provides protection equal to or greater than the requirement under waiver review. The burden of proof rests with the requesting contractor.

6. The waiver request must be submitted to the NIH Contracting Officer Representative (COR) and HSAB Safety Officer( om-hsb@niehs.nih.gov) at least 14-working days prior to commencement of work.

ARTICLE H.11.3. NIH REQUIRED SAFETY TRAINING MANDATE

a. As a minimum all contractor and subcontractor personnel working at NIH shall be certified as having successfully completed the OSHA 10-hour General Industry Outreach class or OSHA 10-hour Construction Industry Outreach class. The OSHA 30-hour course can be substituted for the 10-hour course.

b. Proof of completion may be demonstrated through either: 1) the presentation of a bona fide student course completion card issued by the federal OSHA Training Institute; 2) or the presentation of documentation provided to an employee by a trainer certified by the Institute pending the actual issuance of the completion card.

c. Any card with an issuance date more than three (3) years shall not constitute proof of compliance with this requirement.

d. Any employee required to complete the safety and health course required under this section who has not completed the course shall be subject to removal from the worksite if the employee does not provide documentation of having completed such course by the fifteenth day after the date the employee is found to be in noncompliance.

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ARTICLE H.11.4. CONTRACTOR SUPERVISOR ORIENTATION

a. Prior to commencing work, ensure that all contractor and subcontractor site supervisors at any tier have completed the required Safety Orientation. The time expended and any associated costs to attend the orientation (such as travel time, parking, and other expenses) are to be borne by the contractor.

b. It is the responsibility of the contractor and subcontractor to contact the HSB Safety Officer to register each supervisor for orientation. Class registration should be scheduled at least 14-working days prior to the project start date, or the date that the supervisor is assigned to NIH.

Contact the HSB Safety Officer ( om-hsb@niehs.nih.gov) or by phone (919) 541-3384 for the orientation schedule.

ARTICLE H.11.5. DELIVERABLES

a. All deliverables required under this Contractor Safety and Health Section must be provided to the NIH Contracting Officer Representative (COR) and HSB Safety Officer ( om-hsb@niehs.nih.gov ). All deliverables shall be submitted at least 14-working days prior to the commencement of work activities. The deliverables must be in either MS Word or Adobe Acrobat format.

b. Acceptance of a deliverable by the NIH indicates only that the Government has received the item. Acceptance of a deliverable does not waive or lessen any contract requirements or the contractor's obligation to meet all contract requirements and correct any later discovered deficiencies.

c. Delays caused by failure to timely submit the required documentation shall not be considered a reason for extension of contract time or increase in costs to the Government.

d. Contractor shall provide submittals in accordance with Specification Section 01 35 26, Governmental Safety Requirements.

ARTICLE H.11.6. CONTRACTOR FULLY RESPONSIBLE FOR SITE SAFETY

a. The contractor assumes full and sole responsibility for and shall comply with all laws, regulations, ordinances, and governmental orders pertaining to employee worksite safety in the performance of this contract. The contractor shall be responsible for employing appropriate safety measures and taking all other actions reasonably necessary to protect the life, health, and safety of the public and to protect adjacent and NIH-owned property in connection with the performance of the scope of work.

b. The contractor shall be solely and completely responsible for the safety of all workers, NIH employees, public and NIH property in performance of the scope of work. This requirement shall apply at all times while work is being performed under this contract, and is not limited to only normal working hours. Nothing the NIH may do, or fail to do, with respect to safety in the performance of the scope of work shall relieve contractor of this responsibility.

ARTICLE H.11.7. SELECTION OF CONTRACTOR SITE SAFETY AND HEALTH OFFICER

a. When the number of personnel on any shift is under 40 (including subcontractor employees), the contractor's safety representative will meet the definition of "Collateral Duty Safety Officer" as defined herein for each shift.

b. For contractors with a total of 40 or more personnel (including subcontractor employees) on any shift, a Full-time Safety Professional as defined above shall be required for each shift.

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c. At the NIH Contracting Officer Representative's (COR's) discretion, the requirements for the contractor Site Safety and Health Officer can be reviewed and action taken to decrease or increase the number of Officers onsite. However, the need for a Site Safety and Health Officer is required and will not be waived.

ARTICLE H.11.8. CONTRACTOR SITE SAFETY AND HEALTH OFFICER RESPONSIBILITIES

a. The responsibility for safety lies with the contractor. Each contractor shall appoint an individual(s) responsible for safety on each contract. This individual(s) must be employed in a supervisory position, empowered by their employer to take corrective action; be present on the project while work is being performed; and, spend the amount of time necessary to ensure the contractor's compliance with safety requirements.

b. The Contractor Site Safety and Health Officer shall be primarily responsible for ensuring contractor's compliance with the safety requirements including but not limited to those provided in this Section. Without limiting the generality of the foregoing, the Contractor Site Safety and Health Officer shall:

1. Review all subcontractor and sub-tier contractor's Site Specific Accident Prevention Plan and Activity Hazard Analysis for compliance with applicable safety standards.

2. Perform or ensure that all contractor, subcontractors and sub-tier contractors' employees have received a site specific safety orientation prior to beginning work. Training will include discussion of the site specific Activity Hazards Analysis reports. This site specific orientation is in addition to the NIH's Contractor Supervisor Orientation course.

3. Perform and document worksite inspections, assess and immediately correct any substandard safety conditions or practices, including those of any subcontractor. The contractor shall specifically respond in writing to any substandard safety conditions or practices identified by the NIH. Inspection records shall be maintained at the project site and be made available upon request by the NIH Contracting Officer Representative (COR) or HSB Safety Officer.

4. Immediately report all injuries to personnel, vehicle accidents, near miss incidents and property damage.

Undertake a complete investigation of all accidents, injuries, illnesses and implement corrective action to prevent a recurrence. Provide written findings within 24-hours to both the NIH COR and HSB Safety Officer ( om-hsb@niehs.nih.gov).

5. Ensure appropriate safety meetings are held for all onsite employees, to include subcontractors. Safety meetings shall be conducted to review past activities, plan for new or changed operations, review pertinent aspects of appropriate Activity Hazard Analysis, establish safe working procedures for anticipated hazards, and provide pertinent safety and health training and motivation.

i. Meetings shall be conducted at least once a month for all supervisors at the project location and at least once a week for all workers by supervisors or foremen.

ii. Meetings shall be documented, including the date, persons in attendance, subjects discussed, and names of individual(s) who conducted the meeting. Documentation shall be maintained and copies furnished to the NIH on request.

6. Be responsible for the control, availability, and use of necessary safety equipment, including personal protective equipment and apparel for the employees.

c. A Contractor Site Safety and Health Officer not performing his/her duties in accordance with this Section, shall be replaced without the NIH's advanced written approval. The contractor shall notify the NIH COR when this person cannot be on duty while work is being performed and shall submit the name(s) and qualifications of the individual assigned to perform said duties.

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ARTICLE H.11.9. SITE SAFETY AND HEALTH OFFICER DEFINITIONS

a. HSB SAFETY OFFICER

An employee of the NIEHS who is responsible for management of the NIEHS Safety Program.

b. NIH CONTRACTING OFFICER REPRESENTATIVE (COR)

An employee of the NIH or designated representative who conducts and monitors jobsite inspections and verifies contractor compliance with identified corrective actions.

c. CONTRACTOR

The General Contractor contracted with NIH.

d. CONTRACTOR SITE SAFETY AND HEALTH OFFICER

The Contractor Site Safety and Health Officer(s) will be categorized as either a Full-time Safety Professional or a Collateral Duty Safety Officer based on the scope and size of the project.

1. Full-time Safety Professional qualifications include:

i. He/She shall have no other duties.

ii. An individual possessing a minimum of five (5) years progressive experience managing safety programs on large projects comparable to this contract in scope and complexity.

iii. Be knowledgeable concerning all federal, state, and local regulations applicable to construction and industrial safety.

iv. Possess "Competent Person" certification in safety disciplines related to the work performed and possess verifiable training. This individual shall also be responsible for identifying "Competent Persons" required by state and federal safety standards for which they are not certified.

v. Have successfully completed the OSHA 500 Safety & Health Course. This requirement may be waived in lieu of a safety and health degree or professional safety or industrial hygiene certification (i.e. CSP or CIH).

vi. Be trained in, and possess current certification for CPR and First Aid.

vii. Be capable of performing accident investigations and developing a concise report.

viii. Is proficient in the development and presentation of "tool box" meetings and safety training.

2. Collateral Duty Safety Officer qualifications include:

An individual assigned to perform safety functions on any contract not requiring a Full-time Safety Professional. This can be a collateral duty position held by a supervisor.

i. Possess a minimum five (5) years progressive experience in their trade.

ii. Be knowledgeable concerning all federal, state, and local regulations applicable to safety.

iii. Have successfully completed the OSHA 30-hour Safety & Health Course.

iv. Possess "Competent Person" certification in safety disciplines related to the work performed and possess verifiable training. This individual shall also be responsible for identifying "Competent Persons" required by state and federal safety standards for which they are not certified.

v. Be trained in, and possess current certification for CPR and First Aid.

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vi. Possess verifiable training and be capable of performing accident investigations and developing a concise report.

vii. Possess verifiable training in the development and presentation of "tool box" meetings and safety training.

ARTICLE H.11.10. GENERAL OBLIGATIONS

The contractor is responsible for accident prevention and worksite safety. This responsibility cannot be delegated to subcontractors, suppliers, the NIH, or other persons. To this end, the contractor shall:

a. Promote a safe and healthy work environment.

b. Provide a Site Specific Accident Prevention Program.

c. Ensure employees are adequately trained in occupational safety and health topics relevant to the activities to be performed under this contract. Maintain documentation of the employee training, to include the date and subject taught.

d. Instruct all employees of safe work methods and practices when assigning work.

e. Ensure that employees have and use the proper protective equipment and tools for the job.

f. Ensure that all heavy equipment operators (i.e. cranes, loaders and forklifts) are properly qualified and trained on the specific piece of equipment in use.

g. Cooperate fully with the NIH and its representatives in connection with all matters pertaining to safety.

h. Conduct an orientation training program for new employees that includes at a minimum, a review of:

1. Potential hazards in the work areas

2. Required personal protective equipment and apparel

3. Methods to mitigate hazards as appropriate

4. Emergency response relevant to the area

i. Ensure that all of its subcontractors, suppliers delivering materials or services to the worksite, etc., are provided with a copy of this specification and are informed of their obligations regarding worksite safety under this requirement.

ARTICLE H.11.11. ACCIDENT PREVENTION

a. The contractor shall be responsible for correcting hazardous conditions and practices. When more than one contractor is working within a job site, any project management personnel shall have the authority to prevent physical harm or significant property damage.

b. If it is determined there is "Imminent Danger" the contractor shall:

1. Take immediate action to remove/safeguard workers from the hazard and stabilize or stop work until corrective actions can be implemented to eliminate the hazard.

2. Immediately notify the NIH Contracting Officer Representative (COR) and then the ORF Safety Officer.

3. Each worker shall immediately report any condition known, or suspected to be unsafe or unhealthy to the Contractor Site Safety Officer. If there is no resolution of the concern at that level, the employee shall report the concern to the NIH COR.

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ARTICLE H.11.12. CONTRACTOR INJURIES AND ILLNESSES

a. Ensure prompt medical treatment is administered to any injured or ill employee. At the NIH Bethesda Campus, contractor injuries and illnesses should be treated by the Occupational Medical Service (Building 10, 6th Floor, Room 6C306, phone 301-496-4411). Injuries and illnesses other than those suffered at the NIH Bethesda Campus should be administered by third-party provider arranged for by the contractor.

b. In all cases, an injury or illness resulting from work under this contract shall be reported to the NIH Contracting Officer Representative (COR) and HSB Safety Officer ( om-hsb@niehs.nih.gov) within 24-hours of the incident.

c. For work conducted at remote locations where emergency medical service personnel are not capable of responding within four (4) minutes, at least one person shall be available at the work site at all times to render first aid. This person must have a valid certificate in first-aid training from the U.S. Bureau of Mines, the American Red Cross, or equivalent verifiable training program. A minimum ratio of one such qualified person for every 25 employees shall be maintained throughout the project.

ARTICLE H.11.13. NIH RIGHTS

a. INSPECTIONS/INVESTIGATIONS

1. The NIH Contracting Officer Representative (COR) may, in any reasonable manner, observe and inspect the contractor's safety and accident prevention procedures for all activities and personnel. This specifically includes, but it not limited to, the right to attend all safety meetings.

2. Upon request, the NIH COR shall receive copies of any safety inspection reports completed by the contractor or anyone performing work for, on behalf of or under the auspices of the contractor.

3. The NIH COR may, in any reasonable manner, observe or participate in any accident investigation conducted by the contractor or anyone performing work for, on behalf of or under the auspices of the contractor. The NIH may also, at its sole discretion and in any reasonable manner, undertake its own accident investigation.

b. CORRECTIVE ACTIONS/STOP-WORK

1. The NIH COR shall have the right to direct the contractor to correct unsafe working conditions, including taking corrective action when unsafe working conditions are observed (i.e. lack of good housekeeping practices, use of equipment in obviously poor condition, failure to adhere to statutory OSHA regulations, etc.).

2. The NIH COR shall have the right to require the removal, from the work site, any person, property or equipment that, in the NIH's opinion, is deemed unsafe.

3. The NIH COR shall have the right to instruct the contractor to immediately cease any action and/or stop work (or any action thereof) when any conditions exist that, in the NIH's opinion, constitutes an imminent danger or could result in serious harm.

4. The NIH COR shall have the right to suspend the work pending the completion of any accident/incident investigation, whether undertaken by contractor, the NIH or others.

5. The contractor is responsible for costs, expenses and other obligations paid or incurred, as a result of the contractor or subcontractor's noncompliance with federal, state, or local safety regulations; or failure to comply with terms and conditions of this contract.

c. NIH'S ACTION/INACTION DOES NOT RELIEVE CONTRACTOR

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Nothing the NIH may do, or fail to do, with respect to safety in the performance of the work shall relieve the contractor of its responsibility to comply strictly with this Contract and all standards referenced in this document.

ARTICLE H.11.14. SPECIFIC SAFETY PROVISIONS

In addition to federal, state, and local regulations pertaining to operations and safety, the contractor shall adhere to the following NIH mandated safety requirements:

a. Asbestos: Many of NIH's buildings have asbestos-containing materials. It is the contractor's responsibility to coordinate with the NIH Contracting Officer Representative (COR) to ensure that a survey for asbestos is conducted prior to commencing work. The contractor shall ensure that all workers and subcontractors have received and documented initial and annual Asbestos Awareness training prior to the start of work.

b. Entry into Confined Spaces.

1. The contractor shall provide the NIH COR a copy of its Confined Space Entry Program as part of the Site Specific Accident Prevention Plan submittal.

2. Should the contractor employ subcontractors to work in confined spaces, it shall be the contractor's responsibility to submit the required documentation for each subcontractor.

3. Work shall not start in a confined space until the required submittals have been made and appropriate safety precautions taken by the contractor. In the event the contractor does not comply with these regulations, ACCESS WILL BE DENIED.

c. Electrical - Safe Clearance Procedures

1. Entry into High Voltage Areas: Work under this contract may require entry into High Voltage Areas.

2. In the event entry is required, the contractor is obligated to identify any High Voltage areas that may be involved in work under this contract. Before entry into a High Voltage work area, the contractor shall notify the NIH COR.

3. To prevent employee exposure or damage to electrical systems, the contractor shall exhaust all options and means to de-energize live electrical parts.

d. Fire Prevention: The contractor shall ensure that the fire prevention measures on-site are in accordance with OSHA, Durham County Fire Department, and National Fire Protection agency (NFPA) standards. Approved safety cans (approved or listed by a nationally recognized testing laboratory) shall be used for flammable and combustible liquids. Fire extinguishers shall be provided where required.

1. Open Flame Devices: Prohibit the use of unapproved fuel-burning types of lanterns, torches, flares or other open-flame devices on NIH property.

2. Hot Work Permit: Open flame welding and spark producing equipment and tasks require the contractor to secure a "Hot Work Permit" from the NIEHS Health and Safety Branch (HSB). This can be obtained by calling the NIEHS HSB at (919) 541-3384.

e. Excavating & Trenching:

1. Before work commences, entry excavations and trenches shall be evaluated for confined spaces.

2. Ensure a competent person inspects all excavations before work begins and as needed during the shift.

When the competent person finds evidence of a hazardous condition, exposed employees shall be removed from the hazardous areas until the necessary precautions have been taken to ensure their safety.

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3. All excavations, regardless of depth, shall be barricaded or covered. If barricades are utilized and are left overnight they shall be equipped with appropriate lights or reflectors.

4. Walkways shall be provided where employees or equipment are required or permitted to cross over excavations. When walkways are utilized, a guardrail system shall be in place.

f. Construction activities that pose a potential risk of exposure to contaminated soil (such as excavations) shall be supervised by personnel who have a current 40-hour Hazardous Waste Supervisor's certification. These individuals shall be able to identify the potential need for upgrading the level of health and safety protection.

All personnel working in direct contact with contaminated soil shall have a current 40-hour Hazardous Waste Certification and medical monitoring, in accordance with OSHA regulations. The contractor is responsible for soil sampling and air monitoring to determine hazards and exposures to their employees.

g. Cranes and Hoisting Operations

A written lift plan shall be submitted for all crane operations. The written lift plan will include as a minimum:

1. Make and model of the crane

2. Name of the crane operator, documentation of training and competent person responsible for the execution of the lift plan.

3. A copy of the crane's most recent certificate of annual inspection.

4. A copy of the cranes maximum loads at various boom angles and radii.

5. Utilizing the crane boom angle and radius information identify all loads that will exceed 75% of the crane capability.

6. Identify if two or more cranes are required.

7. Provide a sketch or drawing of the anticipated boom angle, radius, center of gravity and crane placement.

8. Provide a sketch or drawing of anticipated rigging methods to include:

i. Number of slings

ii. Type of configuration

iii. Size and length of slings

iv. Rated capacity of slings

v. Sling angle

vi. Size, number and rated capacity of shackles

9. Identify number of ground handlers and location of ground handlers

10. Communication method between ground handlers and crane operator

11. Location of material staging area

12. Method of managing vehicle and pedestrian traffic

h. Chemical Exposure Plan: The contractor shall submit a Chemical Exposure Plan on applicable task orders for any products containing isocyanates, methylene chloride, lead, silica, hydrofluoric acid and processes involving floor sealers, traffic coatings, terrazzo sealers, specialty paints or any other chemical which can produce nuisance odors. The plan shall include employee exposure control methods, isolation methods to prevent spread of chemicals and odors outside the work area and safeguarding of the NIH employees and public. Material Safety Data Sheets for each chemical must be maintained on site.

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i. Protection of the Public: The contractor shall submit a plan for the protection of the public on or adjacent to construction and demolition operations.

ARTICLE H.11.15. SAFETY PERFORMANCE

a. If the contractor experiences repeated safety violations or fails to abate violations in a timely manner, the contractor shall be subject to any of the following actions, at the Contracting Officer Representative's (COR's) or Contracting Officer's discretion:

1. Removal and replacement of management personnel.

2. Submitting a written safety recovery plan detailing what changes will be made to their safety program and a timeline as to when the changes will be implemented.

3. Hiring an independent safety consultant who shall audit the contractor's procedures and operations. The consultant shall compile a plan detailing what changes the contractor shall implement. This report shall be submitted to the NIH COR.

4. Conduct a "Safety Stand Down" (suspend all work or any action thereof). Suspended work shall not be allowed to resume until the contractor has completed the required actions for review and acceptance by the

NIH COR.

5. Issue a cure notice notifying that the contractor has failed to comply with a contract requirement and directing that the deficiency be "cured" within a specified time period.

b. Costs incurred by the contractor to abate hazards or to respond to actions noted in this Safety Performance Section shall not be considered a reason for extension of contract time or increase in costs to the Government.

ARTICLE H.12. SECURITY

GENERAL

a. The Contractor and all subcontractor's personnel will observe and adhere to all National Institutes of Health (NIH) security regulations and requirements when using or providing services on the NIH property. The Contractor shall be responsible for subcontractor compliance and include specific provisions in all subcontracts that these regulations be accepted.

b. The Contractor shall be accountable for compliance with the provisions of this Section by all individuals and entities employed by or under contract to the Contractor.

c. Notification: Notify the Contracting Officer (CO) or a designated representative, not less than 48 hours prior to performing work in a restricted-access area as defined by the NIH. Include the following:

1. Companies: Name of each company performing the work.

2. Personnel: Name, social security number, date and place of birth, citizenship and, where applicable, visa status of each individual who is to work.

3. Time: The exact time, date, and hours of work.

4. Areas: Specific areas of the building in which work is to be performed.

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ARTICLE H.12.1. CONTRACTOR RESPONSIBILITY

a. Contractors shall be responsible for security of their property and material from theft and vandalism.

b. The Government does not accept responsibility for loss or damage to any property or work it has not accepted.

c. Contractors shall be responsible for excluding all but authorized persons from their work sites.

d. Contractors and their employees shall immediately report any known violations of law or regulations, or the discovery of unaccountable property, either private or Government-owned, to the Contracting Officer Representative (COR).

e. Conduct on Federal Property: Contractors are advised that operating a motor vehicle when entering upon or while on NIH property by a person under the influence of alcoholic beverages, narcotic drugs, including hallucinogens, marijuana, barbiturates or amphetamines, is prohibited. Entering upon the property, or while on the property, under the influence of, or using, or possessing any narcotic drug is prohibited. Such prohibition shall not apply in cases where the drug has been prescribed by a physician. Entering upon the property, or being on the property, under the influence of alcoholic beverages is prohibited. The use or possession of alcoholic beverages on NIH property is prohibited unless, upon occasions and at specific locations which the Director, NIH, or his delegated official has for appropriate official uses, granted an exemption in writing.

ARTICLE H.12.2. CONTRACTOR SECURITY PLAN

a. Upon award of contract for this requirement, the Contractor shall develop and submit for approval a Contract specific Contractor Security Plan. The Contractor Security Plan shall encompass all administrative, physical, and operational security requirements noted in this specification section for all persons and subcontractors under this Contract.

b. The Contractor shall, within 10 days receive Contractor Security Plans from each subcontractor or other entity to be engaged under the Contract, and shall furnish evidence satisfactory to the Contracting Officer Representative (COR) that this has been done (e.g. written documentation that the subcontractor agrees to adhere to the Contractor Security Plan).

c. All persons employed within the boundaries of the property or restricted-access areas therein, and all persons permitted to enter such property and areas shall comply with the security regulations and procedures that have been established for this Contract.

d. The Contractor Security Plan shall include provisions to address various Security Alert Levels as determined by the Department of Homeland Security.

e. The Contractor Security Plan shall include provisions to address an approach to overall security that is consistent with the goals contained in existing NIH Security Policies, Guidelines and Regulations.

The Contract specific Contractor Security Plan seeks to achieve the following security goals:

1. Screen contractor workforce consistent with NIH policies and procedures.

2. Safeguard NIH employees and assets from events or persons who could cause harm.

3. Limit project information distribution and ensure compliance with the National Institutes of Health Confidentiality Non-Disclosure Certification, a copy of which is included as an attachment to authorized

- 15 -persons and entities to the greatest extent that is practical, and as directed by the Associate Director for Security and Emergency Response (ADSER).

ARTICLE H.12.3. CONTRACTOR PERSONNEL

a. Upon award of Contract the following security procedures will apply:

1. The Contractor shall provide information about all Contractor and subcontractor personnel and others who require continued access to the site, before access is required and when access ceases.

2. No interviews of prospective Contractor employees shall be conducted on the project site or NIH property.

The Contractor and subcontractors will be required to maintain a field office, outside the project site or NIH property, for all public contacts. Applicants for employment and other persons not entitled to access to the project site shall be required to contact the Contractor or subcontractor at these offices.

3. Within 10 calendar days after the award of the Contract, the Contractor shall submit a list of all employees, subcontractors and their employees, and others who will perform work or otherwise require access to the site. Personnel shall be listed in alphabetical order by company. The list shall include the full name, social security number, date and place of birth, citizenship and, where applicable, visa status for each individual.

4. Name of any employee added later to the original list shall be submitted with the same information on the Contractor's letterhead at least 8 calendar days in advance of the date of access by the employee.

5. The Contractor shall notify the Government in writing when personnel are no longer employed by the Contractor or a subcontractor. The written notification all include the individual's name, social security number and date and place of birth, citizenship, visa status and the company who employed the individual, if applicable.

6. Each company or entity with personnel assigned to this Project shall ensure that all personnel undergo a personnel security screening to determine their suitability for access to NIH facilities, information and data.

a. The Contractor Security Plan establishes two levels of contractor personnel involvement: those involved in sensitive duties; and those not involved in sensitive duties. The NIH will provide two different screening processes accordingly.

b. Completion of a background questionnaire and assorted forms (Standard Form 85P - "Long Form Screening") as well as a credit check is required for the following sensitive duties:

1. Contractor personnel with direct senior level management responsibilities on the Contract.

2. Contractor personnel with direct management responsibilities on the Contract and requiring access to "Law Enforcement Sensitive" or other NIH-designated sensitive information.

3. Contractor personnel with direct in-depth knowledge or installation responsibilities of access control systems, closed circuit television (CCTV), and/or intrusion, motion or other detection devices on the Contract and requiring access to "Law Enforcement Sensitive" or other NIH-designated sensitive information.

c. A police check provided by the NIEHS Operations and Security Branch (OSB) through the National Crime Information Center (NCIC) (NCIC "Short Form" screening) is required for all other contractor personnel working on the project involving non-sensitive duties.

d. In addition to other disqualifying factors as determined by the NIH, the following shall apply:

1. Conviction for tax evasion may disqualify contractor personnel being considered for sensitive positions.

2. A history of acts of violence, arrests for firearms or explosives violations, illegal alien status, or any felony convictions will disqualify contractor personnel from working on this Contract.

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7. The Contractor shall notify the NIEHS OSB through the Contracting Officer, or a designated representative, of any change in personnel assigned to the project site, including changes in employee status such as terminations of employment, civil or criminal charges, visa status, if applicable.

8. The NIH reserves the right to require the removal of any Contractor employee from the project site if the employee is deemed a security risk by the ADSER or the NIEHS OSB.

9. In order to permit the NIEHS OSB to supply NIH ID Badges for on-site personnel, the Contractor shall cause each individual to complete a personnel identification form. These forms will be provided by the NIH to the Contractor at the pre-construction conference. Processing of the forms and issuance of NIH ID Badges will be performed by the NIH at NIH expense.

10. At a time designated by the Contracting Officer or when an individual reports to the site for work the first time, a period of at least 2 hours will be required for security processing, including review of identification forms and fabrication of a permanent badge. Personnel will then be permitted to go to work without further processing of identification forms by the Government, but at least 15 minutes should be allowed each day for signing in with security to obtain access to the site.

11. The permanent NIH ID Badge furnished by the NIH to each Contractor employee or other person granted access to the site will serve to authorize the wearer to enter and leave the project area. The NIH ID Badge must be worn so as to be clearly visible at all times when at the work site.

12. Access to other parts of the NIH property will be subject to the screening procedures applicable to visitors under the Alert Level in effect as determined by the Department of Homeland Security.

13. The NIH ID Badge will be retained by the individual as long as continued admittance to the site is required.

The Contractor will arrange for immediate return of the badge to NIH when such need ceases. Temporary or visitor ID Badges will be provided for persons who are identified as having an infrequent or temporary legitimate business need for access to the site.

b. Security Manager

1. A Security Manager (SM) shall be designated by the Contractor for the duration of the project. The SM must report directly to an officer of the firm and not to the site superintendent and must be provided the authority in writing to implement the designated security plan, policies, procedures and directives for the project as provided by the NIEHS OSB.

2. The individual must be familiar with the requirements of the Department of Homeland Security threat levels. NIEHS OSB will define the NIH responses to the various threat levels to the successful contractor.

3. The individual must be fluent in speaking and writing English.

4. The individual must undergo and pass a U.S. Government Background Investigation prior to receiving security sensitive information from the NIEHS OSB.

5. The individual must be capable of understanding potential security problems, exploring issues and developing efficient and effective solutions.

6. The individual must possess good interpersonal skills and be capable of working with a variety of organizations, including the NIH, other federal agencies, local law enforcement, and the private sector.

7. In addition to implementing and managing the construction security program for the project, the construction security manager may perform other management-level duties within the firm.

8. The only duties and responsibilities of the construction security manager are to manage and implement the construction security program on this contract.

c. All personnel engaged on the Contract will be required to execute a National Institutes of Health Confidentiality Non-Disclosure Certification. (See Section J - List of Attachments.)

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ARTICLE H.12.4. SECURITY PROCEDURES

Upon commencement of the work under this contract, the following security procedures shall apply to the Contractor and all subcontractors.

a. Contractor personnel shall not enter the NIH campus without appropriate NIH ID Badge.

b. For work outside "normal work hours" as defined in the Contract, the Contractor shall give the Contracting Officer or his designated representative at least three (3) calendar days notice. This notice is required so that security arrangements may be provided and is separate and distinct from any notices required for utility shutdown or other outages.

c. The NIH reserves the right to restrict photography of the project or other areas of the NIH premises.

• Cameras are not permitted without written permission from the Contracting Officer or his designated representative. If approved, permission will be granted in writing and will provide additional guidelines.

d. Personnel may be subject to inspection of their personal effects when entering and leaving the project site. In addition, unscheduled inspections of personnel may be made while on site.

e. The NIH reserves the right to alter security procedures based on the Security Alert Level in effect as determined by the Department of Homeland Security, for as long as the Security Alert Level change exists.

f. The NIH reserves the right to close down the project site and order Contractor personnel off the premises in the event of a national emergency or a shut-down, for as long as the national emergency or shut down exists.

The Contractor may only return to the site with written approval from the Contracting Officer or authorized representative.

ARTICLE H.13. OTHER ON-SITE

ARTICLE H.13.1. NON-INTERRUPTION OF GOVERNMENT ACTIVITIES

All work areas must be separated from the remainder of the building with smoke tight partitions constructed with non-combustible or fire retardant materials. Barriers must be in place prior to and during all stages of renovation work.

Interruption or interference with the conduct of government business in other building areas outside the contract area, or damage to existing equipment within the contract area, will not be permitted. To protect government property and to isolate his work, the Contractor shall provide, at no additional expense to the government, dropcloths, plastic film draping, taping, barriers, weatherproof closures…