Solicitation_NIHOF2013536_-_RTP_MATOC.pdf

RFP Number : NIHOF2013536

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RFP TABLE OF CONTENTS

NOTICE TO OFFERORS

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

PART II - CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

SOLICITATION ATTACHMENTS

ATTACHMENTS

INFORMATIONAL ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1. GENERAL INFORMATION

a. INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION

b. NOTICE OF 8(a) COMPETITIVE SET-ASIDE

c. NAICS CODE AND SIZE STANDARD

d. TYPE OF CONTRACT AND NUMBER OF AWARDS

e. PRE-PROPOSAL CONFERENCE

f. BRAND NAME OR EQUAL

g. COMMITMENT OF PUBLIC FUNDS

h. COMMUNICATIONS PRIOR TO CONTRACT AWARD

i. RELEASE OF INFORMATION

j. 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. Evaluation of Proposals

4. Potential Award Without Discussions

5. Standards for Privacy of Individually Identifiable Health Information

6. Privacy Act - Treatment of Proposal Information

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

8. Solicitation Provisions Incorporated by Reference

SECTION M - EVALUATION FACTORS FOR AWARD

2. GENERAL

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NOTICE TO OFFERORS

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

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

If you have any questions pertaining to this PA, please contact Daniel F. Burk at 919-541-5763 .

HHS/SBA PA (OCTOBER 23, 2012 until amended)

Servicing Small Business Administration Field Office

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

Servicing SBA Office North Carolina District Office

Address 6302 Fariview Road, Suite 300

Charlotte, NC 28210-2227

Cognizant SBA Business Opportunity Specialist's Name Mitchell De Mallie / Daniel Lucero

Phone (704) 344-6590 / (704) 344-6396

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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

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ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

This Multiple Award Task Order Contract (MATOC) for repair, renovation, and maintenance with Design-Build capabilities is intended to provide rapid response to remediation of real property (e.g. maintenance/repair/minor construction situations relating, but not limited to, mechanical, plumbing, structural, electrical, HVAC, architectural, civil, instrumentation, security and safety areas of Government facilities) in a cost effective manner.

ARTICLE B.2. PRICES/COSTS

a. This is a Multiple Award Indefinite-Delivery Indefinite-Quantity contract as contemplated by FAR 16.504. The Contractor shall be reimbursed by the Government in an amount not less than a total of $25,000 (minimum) nor more than a total of $25,000,000 (maximum) for successful performance of this contract.

b. The prices set forth in this ARTICLE will cover the contract period 05/01/2014 through 04/30/2019.

c. The Government will compete and award Task Orders based on the work described in SECTION C of this contract.

d. Ordering procedures are described in The TASK ORDER PROCEDURE Article in SECTION G of this contract.

ARTICLE B.3. OPTION PRICES

a. Unless the Government exercises its option pursuant to the option clause referenced in ARTICLE I.3. ADDITIONAL CONTRACT CLAUSES, or ARTICLE I.4.

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

b. Pursuant to FAR Clause 52.217-9 set forth in ARTICLE I.4. ADDITIONAL FAR CONTRACT CLAUSES INCLUDED IN FULL TEXT 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 total maximum amount as identified in ARTICLE B.2.

PRICES/COSTS, will not change, though the Contractor will be eligible for task order awards within that option period.

c. At the time of each option exercise, the Government will incorporate updated Wage Determinations as necessary. The Wage Determinations that will be used will be the most current Wage Determinations at the time of the option exercise. All future task order pricing will utilize the updated Wage Determinations. Any existing task orders with periods of performances that end after the option period begins will continue to use the Wage Determination that was included at the time of award of the individual task order.

ARTICLE B.4. ADVANCE UNDERSTANDINGS

Specific elements of cost, which normally require prior written approval of the Contracting Officer before incurrence of the cost (e.g., foreign travel, consultant fees, subcontracts) will be included in this Article if the Contracting Officer has granted his/her approval prior to contract award.

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. [DESCRIPTION-SPECIFICATION-WORKSTATEMENT-STATEMENT OF WORK]

a. Independently and not as an agent of the Government, the Contractor shall be required to furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the Statement of Work, dated 12/06/2013, attached hereto and made a part of this Solicitation (See SECTION J - List of Attachments).

ARTICLE C.2. REPORTING REQUIREMENTS

All reports required herein shall be submitted in electronic format. The contractor shall provide weekly progress reports via email to the COR identified on the individual task order. If the contractor has multiple task orders, each individual task order will require a separate weekly progress report.

All electronic reports submitted shall be compliant with Section 508 of the Rehabilitation Act of 1973. Additional information about testing documents for Section 508 compliance, including specific checklists, by application, can be found at: http://www.hhs.gov/web/508/index.html under "Helpful Resources."

All paper/hardcopy documents/reports submitted under this contract shall be printed or copied, double-sided, on at least 30 percent post-consumer fiber paper, whenever practicable, in accordance with FAR 4.302(b).

ARTICLE C.3. NIH LOCATIONS

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

a. NIH Research Triangle Park - North Carolina

b. NIH Main Campus, Bethesda, Maryland (306 acres, 60 buildings, over 5.5 million square feet of space)

c. NIH Animal Center, Poolesville, Maryland (500 acres, 188,000 square feet of ftoor space)

d. Gerontology Research Center (GRC), Baltimore, Maryland (7.5 acres)

e. Rental facilities in Bethesda, Rockville and Gaithersburg, Maryland

f. NIH Rocky Mountain Lab- Hamilton, Montana http://www.hhs.gov/web/508/index.html

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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 in the individual task orders. At a minimum for all task orders, all deliverables shall be marked with the contract number, task order number, project 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

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

b. For the purpose of this SECTION, The COR identified on the individual task order is the authorized representative of the Contracting Officer.

c. Inspection and acceptance will be performed at:

National Institutes of Health Research Triangle Park Campus 111 T.W. Alexander Drive Research Triangle Park, NC 27709

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

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

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SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. PERIOD OF PERFORMANCE

a. The period of performance of this contract shall be from 05/01/2014 through 04/30/2015.

b. 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 Option Year 1 05/01/2015 - 04/30/2016 Option Year 2 05/01/2016 - 04/30/2017 Option Year 3 05/01/2017 - 04/30/2018 Option Year 4 05/01/2018 - 04/30/2019

ARTICLE F.2. FAR 52.211-10 Commencement, Prosecution, and Completion of Work

Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to

(a) commence work under this contract within seven (7) calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than the completion date stated on the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

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

1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:

52.242-15, Stop Work Order (August 1989)

Alternate I (April 1984) is not applicable to this contract.

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

ARTICLE F.4. FAR 52.247-34 FOB Destination

F.O.B. Destination (Nov 1991)

(a) The term "f.o.b. destination," as used in this clause, means --http://www.acquisition.gov/comp/far/index.html

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(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight."

When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall --

(1)

(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

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SECTION G - CONTRACT ADMINISTRATION DATA

ARTICLE G.1. CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The following Contracting Officer's Representative (COR) will represent the Government for the purpose of this contract:

will be identified on each individual task order.

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

The alternate COR is responsible for carrying out the duties of the COR only in the event that the COR can no longer perform his/her duties as assigned.

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

The Government may unilaterally change its COR designation.

ARTICLE G.2. KEY PERSONNEL, HHSAR 352.242-70 (January 2006)

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

(End of Clause)

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

Name Title

ARTICLE G.3. TASK ORDER PROCEDURE

This contract provides for the issuance of Task Orders on a negotiated basis as follows:

a. General

Only the Contracting Officer may issue Task Orders to the Contractor, providing specific authorization or direction to perform work within the scope of the contract and as specified in the Statement of Work. Unless specifically authorized by the Contracting Officer, the Contractor shall not commence work until a fully executed Task Order has been awarded. The Contractor may incur costs under this contract in performance of task orders and task order modifications issued in accordance with this ARTICLE.

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No other costs are authorized unless otherwise specified in the contract or expressly authorized by the Contracting Officer.

b. Requesting Task Order Proposals.

The Contracting Officer or a designated official may solicit responses to requirements from Contractors within a technical area covered by a task order requirement in writing. A Task Order Request for Proposals (TORFP) will be prepared and issued for each task order requirement.

Generally, the TORFP will include, but is not limited to, the following:

1. Statement of Work;

2. Reporting Requirements and Deliverables (if applicable);

3. Proposal Due Date and how to deliver Proposals;

4. Period of Performance of Task Order;

5. Evaluation Factors for Award (if other than Price and Past Performance on previous task orders, with Price being more important than Past Performance)

All contract clauses contained this contract shall be incorporated in the TORFP and the resultant task order.

If conflicts exist between the contract clauses and the information outlined in the task order, the contract language takes precedence over the information in the task order.

Contractors are not required to propose on all TORFPs. Those eligible Contractors that decide not to submit a proposal shall advise the Contracting Officer, in writing, of their intention not to submit a proposal on or before the closing date and time established in the TORFP. An election not to propose on a given TORFP will not negatively affect or prohibit a Contractor from competing on future TORFPs.

c. Competitive Ordering Process.

1. All Contractors will receive e-mail notification advising of the availability of each proposed task order requirement. All proposed task orders will incorporate all terms of this contract unless otherwise specified in the proposed task order.

2. Contractors will be provided an adequate time to prepare and submit responses based on the Contracting Officer's consideration of the estimated dollar value and complexity of proposed task order. Responses will not be considered a proposal as defined in FAR Part 15. However, the Contractor shall provide information sufficient for consideration in accordance with FAR Part 16. If evaluation criteria are specified on the TORFP as other than price and past performance (e.g. Design-Build Task Order), the following includes a list of potential evaluation criteria (this list is not all encompassing):

• Understanding of the requirements;

• Experience and capability on similar tasks;

• Technical approach, methods and procedures for satisfying the requirements with a discussion of potential problems to be encountered and proposed solutions and/or risk mitigation strategies.

• Procedures for assuring quality of work, products, and deliverables;

• Plan for managing the task order, including meeting requirements and schedules, and performance measures (if applicable);

• Staffing plan with skill levels and level of effort for each individual proposed;

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• References to evaluate past performance on previous contracts/task orders not awarded under the MATOC; and

• Price to perform the task order - Each contractor will provide their best price for the individual task order. There are no pre-established labor rates, etc. included within the contract. A Contractor will utilize the Task Order Pricing Template when providing their price for each individual task order. The Contractor will provide material cost, direct labor rates, direct labor hours, direct labor cost, equipment cost, and subcontractor cost for each item established on the Task Order Pricing Template. The Government will provide a Task Order Pricing Template for each task order with the TORFP filled in with the categories of work that are anticipated. If the Contractor identifies other categories of work that were not identified, the Contractor will identify those on the Task Order Pricing Template and provide all information for those categories of work as well. If the category of work is to be subcontracted, the Contractor will provide back-up documentation for that work. The back-up documentation will be the multiple quotations received by the offeror, or an explanation as to why there were not multiple quotations received.

d. Evaluation and Award of Task Order Proposals

The Government will evaluate the Task Order proposals against the requirements of the TORFP.

Specifically, price, past performance on previous task orders, and any other factors specifically identified in the TORFP will be used for evaluation of each proposal. In addition, the TORFP will identify the basis for selecting a contractor for award. Generally, price will be more important than past performance. However, each TORFP will specify how the award decision will be made.

Upon completion of evaluations, the Contracting Officer will issue a task order to the Contractor whose proposal is most advantageous to the government

The Contracting Officer will notify all MATOC contractors of the selection decision in writing (via e-mail).

e. Fair Opportunity

1. In accordance with FAR 16.505(b)(1)(i), each awardee will be given a fair opportunity to be considered for each order issued over $3,000 unless the following exception(s) apply:

i. The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

ii. Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

iii. The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

iv. It is necessary to place an order to satisfy a minimum guarantee.

2. All awardees will be given a fair opportunity to be considered in accordance with the FAR as follows:

i. For orders exceeding $3,000 up to the simplified acquisition threshold, in accordance with FAR 16.505(b)(1)(ii);

ii. For orders exceeding the simplified acquisition threshold up to $5 Million, in accordance with 16.505(b)(1)(iii); and,

iii. For orders exceeding $5 Million, in accordance with FAR 16.505(b)(1)(iv).

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ARTICLE G.4. EQUITABLE ADJUSTMENTS DUE TO CHANGES

a. The Contractor shall submit a proposal for all changes in the work within 10 days from the effective date of the change order or request for proposal. With each proposal for a change involving an increase or decrease in the amount of the contract, the Contractor shall submit separately an itemized breakdown that will include but not be limited to the following:

1. Material quantities and unit price. (Separated into trades)

2. Labor Costs (Separate into labor classifications and hourly rates)

3. Construction Equipment

4. Workmen's Compensation

5. Overhead

6. Profit

7. Employment taxes under FICA, FUTA and SUTA

8. Bond (Prime Contractor only)

9. Sales Tax

10. Direct Performance Time of Change

11. Impact on Schedule, if any.

12. Impact Costs, if any.

b. In considering proposals for changes involving added work, omitted work, or any combination thereof, estimates will be checked in detail by the NIH, utilizing unit prices where specified or agreed upon, with the view of arriving at equitable adjustments.

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

d. Proposals and breakdown should be submitted as promptly as possible, but in no event later than 10 days.

e. All proposals shall be submitted in accordance with the requirements of FAR 15.8. Should a proposal cost exceed $700,000 for a change, certified cost or pricing data should be submitted on SF1411 in a format which satisfies the requirements of FAR 15.804-6. When certified cost or pricing data are required, the contractor shall submit an executed Certificate of Current Cost or Pricing Data as soon as practicable after price agreement is reached.

f. Allowable overhead, profit, and percentages are given at the end of this paragraph. These percentages shall be limited to three tiers only and shall be considered to include, but not limited to, all insurance other than FICA, FUTA, SUTA and Workmen's Compensation, field and office supervisors and assistants, use of small tools, incidental job burdens, and general office expense. Incidental job burdens include, but are not limited to, review and coordination, and estimating and expediting relative to contract changes that are associated with field and office supervision.

No percentages for overhead and profit shall be allowed on FICA, FUTA or SUTA. The percentages for overhead and profit to be allowed by NIH may vary according to the nature, extent, and complexity of work involved, but in no case shall exceed the following:

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The percentages of overhead to be allowed by the Contracting Officer will be 10% for all contract changes performed by prime contractor personnel and 5% for all contract change work performed by subcontract personnel.

The percentage for profit to be allowed by NIH will vary according to the nature, risk, extent, and complexity of work involved, but in no case shall exceed 10%. Percentages for overhead and profit will be as follows:

Overhead Profit To subcontractors and/or to the Contractor for work performed with his own forces 10% 1% - 10%

To Contractor on work performed by other than his own forces... 5% 1% - 5%

The percentage of profit is to be negotiated. The burden is on the contractor to propose and justify to the Government the percentage of profit to be paid on each modification to the contract.

On proposals involving both increases and decreases in the amount of the contract, overhead and profit will be allowed on the net increases only. On net decreases, corresponding overhead and profit will be deducted.

When change proposals are not submitted with a Time Impact Analysis, it is mutually agreed that the particular change order, modification, delay or Contractor request does not require an extension of the contract time (or milestone).

g. The percentages in (f) above are the maximums that will be paid. The burden is on the contractor to propose and justify to Government the percentages paid on each modification to the contract.

h. Any proposal for delay and impact costs that is not submitted with 7 calendar days prior to the completion date identified on the individual task order will not be considered. This requirement is in addition to the scheduling updates required for construction of the project. If there are circumstances which prevent the contractor from ascertaining delay for impact during this time, a status update including, but not limited to, and explanation as to why the contractor cannot yet know the extent of the impact and a critical path analysis shall be submitted within this time and at 3 day intervals thereafter with the final proposal due date for any impact as close of business (COB) one business day prior to the completion date identified in the task order. If this is not done, a claim for delay will not be considered unless special circumstances are shown. This requirement is necessary to enable the Government to respond to any claims for delay in light of conditions then current and take any necessary action within the period of performance of the task order.

ARTICLE G.5. INVOICE SUBMISSION

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

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

1. Payment requests shall be submitted to the offices identified below. Do not submit supporting documentation (e.g., receipts, time sheets, vendor invoices, etc.) with your payment request unless specified elsewhere in the contract or requested by the Contracting Officer.

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

National Institutes of Health Office of Financial Management Commercial Accounts

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2115 East Jefferson Street, Room 4B-432, MSC 8500 Bethesda, MD 20892-8500

E-Mail: ORFOAInvoice3Way@mail.nih.gov

1. The Contractor shall submit an electronic copy of the payment request to the approving official instead of a paper copy. The payment request shall be transmitted as an attachment via e-mail to the address listed above in one of the following formats: MSWord, MS Excel, or Adobe Portable Document Format (PDF). Only one payment request shall be submitted per e-mail and the subject line of the e-mail shall include the Contractor's name, contract number, and unique invoice number.

[Note: The original payment request must still be submitted in hard copy and mailed to the designated billing office to meet the requirements of a "proper invoice."]

2. Please scan your invoice along with the necessary backup documentation (not to exceed 30MB) as one single attachment.

3. Save your invoice attachment in the following format: YourVendorName_Invoice number (e.g., if your Vendor name is AE Construction Inc. and you are submitting Invoice 123456, Save your invoice attachment as 'AE Construction, Invoice 123456') Note: Please do not use special characters such as (#,$%*&!) when saving your attachment.

4. Send an email with your invoice attached (invoice and all supporting backup as one attachment) to our invoice processing email distribution mailbox: ORFOAInvoice3Way@mail.nih.gov. In the subject line of your email, please use the same format 'YourVendorName, Invoice number'. (e.g., AE Construction, Invoice 12345)

5. You will receive an automated email reply confirming that our Invoice processing received your invoice for processing. If you do not receive an email notification within 24 hours, it indicates that we did not receive your invoice for processing. In which case double check (1) that your email contained the scanned attachment of your invoice and that (2) you sent it to our inbox at ORFOAInvoice3Way@mail.nih.gov. Only resend an invoice if you have not received an email confirmation within 24 hours. If you have any questions or concerns please call the Intake Center at 301-402-0878.

6. OFM will return invoices to the contractor in the event (1) the information contained in the Header Text field on the PRISM award document does not match the information contained on the invoice;

or (2) the performance period/completion date indicated in the invoice is not in agreement with the period of performance/completion date set forth in the award document. ENSURE THAT ALL

INVOICES SUBMITTED MEET THESE CRITERIA OR YOUR INVOICE WILL BE REJECTED.

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

ARTICLE G.6. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS

a. The Government encourages the contractor to pay small business subcontractors along an accelerated timetable to the maximum extent practicable. The Government recommends payment to small business subcontractors within 15 days of receipt of proper documentation.

b. Include the substance of this article, include this paragraph (b), in all subcontracts with small business concerns.

c. This policy does not modify the application or operation of the Prompt Payment.

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ARTICLE G.7. GOVERNMENT PROPERTY

If this RFP will result in the acquisition or use of Government Property provided by the contracting agency or if the Contracting Officer authorizes in the preaward negotiation process, the acquisition of property (other than real property), this ARTICLE will include applicable provisions and incorporate the HHS Publication, entitled, "HHS Contracting Guide for Contract of Government Property," which can be found at:

http://www.hhs.gov/hhsmanuals/logisticsmanual/Appendix Q_HHS Contracting Guide.pdf.

Government Property will be addressed on individual task orders as applicable.

ARTICLE G.8. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

a. Contractor Performance Evaluations

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

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

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

b. Electronic Access to Contractor Performance Evaluations

Contractors may access evaluations through a secure Web site for review and comment at the following address:

http://www.cpars.gov

c. Task Order Past Performance Evaluations

Contractors will receive a Past Performance Evaluation on each task order the contractor is awarded. The Government will utilize a SF 1420, Performance Evaluation - Construction Contracts, for all task orders. The past performance evaluations for task orders will be utilized in determining the best value for future task order awards. The past performance evaluations for individual task orders will not be entered in the CPARS system, but will be used when developing the overall contract past performance evaluation in CPARS.

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

Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions. Additionally, the task order evaluations will be utilized when doing the Interim and Final Contractor Performance Evaluations http://www.hhs.gov/hhsmanuals/logisticsmanual/Appendix%20Q_HHS%20Contracting%20Guide.pdf http://www.cpars.gov

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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.

mailto:WyattRG@mail.nih.gov mailto:Htips@os.dhhs.gov

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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 following NIH Health and Safety Requirements.

ARTICLE H.11.1. CONTRACTOR REQUIREMENTS

a. The work to be performed under this contract is subject to the requirements of this Contractor Health and Safety Requirements Section.

b. The contractor shall comply with applicable Occupational Safety and Health Administration (OSHA) Regulations and the US Army Corps of Engineers Safety and Health Manual 385-1-1 (EM 385-1-1).

c. 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.

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d. 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).

e. 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.

f. 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 ORF Safety Officer ( safety@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.

mailto:safety@nih.gov

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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.

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.