NIHOF2014014_Janitorial_Services_RFP.pdf

Solicitation No.: NIHOF2014014 Janitorial Services

PART I - THE SCHEDULE

SECTION B - Supplies or Services and Price/Costs SECTION C - Description/Specifications/Work Statement SECTION D - Packaging, Marking and Shipping SECTION E - Inspection and Acceptance SECTION F - Deliveries or Performance SECTION G - Contract Administration Data SECTION H - Special Contract Requirements

PART II - CONTRACT CLAUSES

SECTION I - Contract Clauses

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - List of Attachments

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – Representations, Certifications, and Other Statements of Offerors SECTION L – Instructions, Conditions, and Notices to Offerors SECTION M – Evaluation Factors for Award http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM%23B http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM%23C http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM%23D http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM%23E http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM%23F http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM%23G http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM%23H http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM%23I http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM%23J

PART I--THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The National Institutes of Health, Office of Research Facilities, Office of Acquisitions at the Rocky Mountain Laboratories (RML), through this procurement, intends to award a Firm-Fixed Price (FFP) contract for a base year and four (4) yearly option periods for janitorial/custodial services in support of the Government facilities specified herein and within the Statement of Work. The attached Statement of Work describes the requirements for the RML located at 903 South 4th Street, Hamilton, Montana 59840.

ARTICLE B.2. PRICES/COSTS

In order to be considered responsive, a bidder must bid on all line items in the quantities stated in the Bid Schedule.

BID SCHEDULE

JANITORIAL/CUSTODIAL SERVICES FOR THE ROCKY MOUNTAIN

LABORATORIES

See the attached Bid Schedule at Section J

SECTION C--DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. STATEMENT OF WORK

The Contractor shall furnish all the necessary personnel, material, equipment, services and facilities (except as otherwise specified in the Statement of Work), to perform the Statement of Work/Specifications referenced in Section J, List of Documents, Exhibits and Other Attachments.

SECTION D--PACKAGING, MARKING AND SHIPPING

THERE ARE NO CLAUSES OR PROVISIONS INCLUDED IN THIS SECTION.

SECTION E--INSPECTION AND ACCEPTANCE

The Contracting Officer or the duly authorized representative will inspect and accept materials and services to be delivered under the contract and resulting task orders. The contract/task orders will identify who will perform inspections and where the inspections will be performed. In addition, the following clauses will be incorporated by reference:

FAR 52.246-2 Inspection of Supplies – Fixed Price (AUG 1996) FAR 52.246-4 Inspection of Services – Fixed Price (AUG 1996) FAR 52.246-16 Responsibility for Supplies (APR 1984)

SECTION F--DELIVERIES OR PERFORMANCE

The Contracting Officer or the duly authorized representative will inspect and accept materials and services to be delivered under the contract and resulting task orders. The contract/task orders will identify who will perform inspections and where the inspections will be performed. In addition, the following clauses will be incorporated by reference:

FAR 52.242-15 Stop – Work Order (AUG 1989)

ARTICLE F.1. DELIVERIES

Satisfactory performance of the contracts requirements shall be deemed to occur upon delivery and acceptance by the Contracting Officer, or the duly authorized representative.

ARTICLE F.2. PERIOD OF PERFORMANCE

The period of performance shall be as described below:

Base Year: 1 February 2015 - 31 January 2016 Option Year 1: 1 February 2016 – 31 January 2017 Option Year 2: 1 February 2017 – 31 January 2018 Option Year 3: 1 February 2018 – 31 January 2019 Option Year 4: 1 February 2019 – 31 January 2020

ARTICLE F.2 PERFORMANCE CLAUSES

The Contractor shall perform as directed by the terms and conditions of this solicitation and the Statement of Work/Specifications referenced in Section J, List of Documents, Exhibits and Other Attachments.

SECTION G--CONTRACT ADMINISTRATION DATA

ARTICLE G.1. PROJECT OFFICER

The Government's Project Officer(s) will be identified in writing to the contractor under the contract.

The Project Officer 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 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 any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

ARTICLE G.2. KEY PERSONNEL

Contractor personnel considered by the Government to be essential to contract performance will be identified here. The Contracting Officer must be notified prior to removing any of these individuals from the contract:

Contract Manager On Site Project Manager On Site Quality Control Manager On Site Safety Officer/Manager

ARTICLE G.3. INVOICE SUBMISSION

The Contractor shall also follow the invoice submission procedures specified below to meet the requirements of a "proper invoice” pursuant to FAR Subpart 32.9, Prompt Payment. Invoices under this contract and resulting task orders will be forwarded through the Project Officer and Contracting Officer for invoice review and approval. All invoices will contain the following information:

a. Invoice Number: Each payment request must be identified by a unique invoice number, which can only be used one time regardless of the number of contracts or task orders held by an organization (or business unit identified by a separate DUNS or DUNS+4 number). For example, if a contractor has already submitted an invoice number 05 on one of its contracts, or orders, it cannot use that same invoice number on any other contract or order. Payment requests with duplicate invoice numbers will be considered improper and will be returned to the contractor.

The NIH does not prescribe a particular numbering format but suggests using a job or account number for each contract and order followed by a sequential invoice number (example: 8675309-05). The only parameters for the invoice number are that it must be limited to 30 characters. There are no restrictions on the use of special characters, such as colons, dashes, forward slashes, or parenthesis.

If all or part of an invoice is suspended and the contractor chooses to reclaim those costs on a supplemental invoice, the contractor may use the same unique invoice number followed by an alpha character, such as “R” for revised (example:

8675309-05R).

b. Vendor Identification Number (VIN): Inclusion of the VIN number on the invoice is not required if the invoice identifies the contractor’s DUNS or DUNS+4 number.

c. Contractor’s Name, Address, and Points of Contact: The contractor’s name, address, and points of contact must be legible on the invoice. In the past we have seen in some instances the required information has been added by using a label that ends up covering other portions of the invoice. All information must be visible.

d. Name of the Office of Acquisitions. The Office of Acquisitions for this contract is Office of Acquisition, ORF

e. Central Point of Distribution: The e-mail address for the Central Point of Distribution is unique to each contract. These e-mail addresses are required, the e-mail addresses may vary among and within the Office of Acquisition at the NIH, and are used to route the invoices to the proper office for processing.

f. Description of Supplies/Services: When submitting invoices under contracts with quantity based, line item pricing, the item description, unit of measure, and unit price must match those specified in the contract. For example, if the contract specifies 1 box of hypodermic needles (100/box) with a unit price of $50.00, then the invoice must state 1 box, hypodermic needles (100/box), $50.00, not 100 syringes at $0.50 each. Invoices that do not match the line item pricing in the contract will be considered improper and will be returned to the contractor.

g. Freight or Delivery Charges: All freight and delivery charges must be identified as a separate line item on the invoice.

h. Invoice Coordination: It is required that the contractor coordinate the amount he/she intents to bill for any period of construction services with the Project Officer and Contracting Officer. It is further required that the Project Officer sign the invoice indicating that he/she concurs with the amount the contactor intends to bill for that period. The Project officer shall then send the invoice containing the Project Officer’s signature to the Contracting Officer for approval of payment.

The Contracting Officer will then forward the approved invoice to the Accounts Payable Office.

i. Invoice Matching Requirements: Identification of whether payment is to be made using a two-way or three-way match. This contract requires a Three-Way match.

j. Final Payment Instructions: The Contractor shall certify final payment with the following statement: “This is the final payment. No additional charges or invoices shall be submitted.” Also, the Contractor must submit a “Contractor’s Release of all Contracts” (NIH 2582) along with the final request for payment.

ARTICLE G.4. PAYMENT INQUIRIES

Inquiries regarding payment of invoices should be directed to the Accounts Payable Office, (301) 496-6088. It is recommended that contractors visit the following Silk Site to inquire about their individual invoices after a reasonable time has passed.

https://silk.nih.gov/adb/billpay

ARTICLE G.5. POST AWARD EVALUATION OF PAST PERFORMANCE

A final evaluation of contractor performance shall be conducted on this contract in accordance with FAR 42.15. The final performance evaluation shall be completed at the time of completion of the contract. The final evaluation will be submitted to the Contractor as soon as practicable. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement.

https://silk.nih.gov/adb/billpay

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1. WAGE RATES

The attached wage determination from the Secretary of Labor, see Section J, shall be incorporated in accordance with statutes for labor standards requirements for contracts over $2,500.00 involving service. Wage Determination No.: 2005-2318 Revision No.:

14 dated 06/25/2013.

H.2. 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.

Office of Inspector General Department of Health and Human Services

TIPS HOTLINE

P.O. Box 23489 Washington, DC 20026 Information regarding procedural matters can be found with the Office of Management Assessment page.

H.3. CONTRACTOR HEALTH SAFETY REQUIREMENTS

1.0 NIH PHYSICAL ACCESS SECURITY

2.1 In accordance with OMB Memorandum M-05-24, background

investigations must be completed for all contractor/subcontractor personnel who have

(1) access to sensitive information,

(2) access to Federal information systems,

(3) regular or prolonged physical access to Federally-controlled facilities, or

(4) any combination thereof.

[Reference: Definition of “Federally-controlled facilities” at Federal Acquisition Regulation (FAR) Subpart 2.1, Definitions]

2.2 The Statement of Work (SOW) requires the Contractor to have regular or prolonged physical access to a Federally-controlled facility, thereby requiring compliance with the following regulations/policies:

a) HHS Information Security Program Policy:

mailto:Htips@os.dhhs.gov http://www1.od.nih.gov/oma/pi/hotline.html http://www1.od.nih.gov/oma/pi/hotline.html http://intranet.hhs.gov/infosec/docs/policies_guides/ISPP/Information_Security_Program _Policy.pdf

b) Homeland Security Presidential Directive/HSPD-12, Policy for a Common Identification Standard for Federal Employees and Contractors (08-27-04):

http://www.whitehouse.gov/news/releases/2004/08/print/20040827-8.html

c) OMB Memorandum M-05-24, Implementation of Homeland Security Presidential Directive (HSPD) 12 – Policy for a Common Identification Standard for Federal Employees and Contractors (08-05-05):

http://www.whitehouse.gov/omb/memoranda/fy2005/m05-24.pdf

d) Federal Information Processing Standards Publication (FIPS PUB) 201-1 (Updated June 26, 2006):

http://csrc.nist.gov/publications/fips/fips201-1/FIPS-201-1-chng1.pdf

e) HHS Interim Policy: Contractual Implementation of Homeland Security Presidential Directive (HSPD) 12, Policy for a Common Identification Standard for Federal Employees and Contractors [Draft]

f) HHS Office of Security and Drug Testing, Personnel Security/Suitability Handbook (02-01-05):

http://www.knownet.hhs.gov/acquisition/pssh.pdf

2.3 Position Sensitivity Designations

Prior to award, the Government will determine the position sensitivity designation for each contractor (including subcontractor) employee that the Contractor proposes for work under this Task Order. The following designations shall apply:

[ ] Level 6: Public Trust -High Risk (Requires Suitability Determination with a BI). Contractor/subcontractor employees assigned to a Level 6 position are subject to a Background Investigation (BI).

[ ] Level 5: Public Trust - Moderate Risk (Requires Suitability Determination with NACIC, MBI or BI). Contractor/subcontractor employees assigned to a Level 5 position with no previous investigation and approval shall undergo a National Agency Check and Inquiry Investigation plus a Credit Check (NACIC), a Minimum Background Investigation (MBI), or a Limited Background Investigation (LBI).

[ ] Level 1: Non Sensitive (Requires Suitability Determination with an NACI). Contractor/subcontractor employees assigned to a Level 1 position are subject to a National Agency Check and Inquiry Investigation (NACI).

2.4 Upon award of this Task Order, the Contractor will be required to submit a roster by name, position, e-mail address, phone number and responsibility, of all staff

(including subcontractor staff) working under the acquisition who will develop, have the ability to access, or host and/or maintain a federal information system(s). The Government will determine and notify the Contractor of the appropriate level of suitability investigation required for each staff member. An electronic template, "Roster of Employees Requiring Suitability Investigations," is available for contractor use at:

http://ais.nci.nih.gov/forms/Suitability-roster.xls

2.5 Contractor/subcontractor employees who have met investigative requirements within the past five years may only require an updated or upgraded investigation.

2.6 Contractor/subcontractor employees shall be required to comply with the HHS criteria for the assigned position sensitivity designations prior to performing any work under the acquisition. The following exceptions apply:

• Levels 5 and 1: Contractor/subcontractor employees may begin work under the acquisition after the contractor has submitted the name, position and responsibility of the employee to the Project Officer.

• Level 6: In special circumstances the Project Officer may request a waiver of the pre-appointment investigation. If the waiver is granted, the Project Officer will provide written authorization for the contractor/subcontractor employee to work under the acquisition.

2.8 Personnel Security Responsibilities

The Contractor shall be required to perform and document the following actions:

Contractor Notification of New and Departing Employees Requiring Background Investigations

a) The contractor shall notify the Contracting Officer, the Project Officer, and the Security Investigation Reviewer within five working days before a new employee assumes a position that requires a suitability determination or when an employee with a security clearance stops working under this acquisition. The government will initiate a background investigation on new employees requiring security clearances and will stop pending background investigations for employees that no longer work under this acquisition.

b) New employees: Provide the name, position title, e-mail address, and phone number of the new employee. Provide the name, position title and suitability level held by the former incumbent. If the employee is filling a new position, provide a description of the position and the government will determine the appropriate security level.

c) Departing employees:

• Provide the name, position title, and security clearance level held by or pending for the individual.

• Perform and document the actions identified in the "Contractor Employee Separation Checklist", of this acquisition, when a contractor/subcontractor employee terminates work under this acquisition. All documentation shall be made available to the Project Officer and/or Contracting Officer upon request.

2.9 Commitment to Protect Non-Public Departmental Information Systems and Data

a) Contractor Agreement The ISP and its subcontractors performing under this Task Order shall be required not to release, publish, or disclose non-public Departmental information to unauthorized personnel, and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of such information:

• _18 U.S.C. 641 (Criminal Code: Public Money, Property or Records)

• _18 U.S.C. 1905 (Criminal Code: Disclosure of Confidential Information)

• _Public Law 96-511 (Paperwork Reduction Act)

b) Contractor Employee Non-Disclosure Agreement Each contractor/subcontractor employee who may have access to non-public Department information under the acquisition shall be required to complete the Commitment to Protect Non-Public Information – Contractor Employee Agreement (attached). A copy of each signed and witnessed Non-Disclosure agreement shall be submitted to the Project Officer prior to performing any work under the acquisition.

2.10 Contractor's Official Responsible for Information Security

The Contractor shall provide the name and title of its official who will be responsible for all information security requirements.

2.11 Special Information Security Requirements for Foreign

Contractors/Subcontractors

When foreign contractors/subcontractors perform work under this acquisition at non-US Federal government facilities, provisions of HSPD-12 do NOT apply.

2.12 References: Physical Access Security

(1) HHS Information Security Program Policy:

http://intranet.hhs.gov/infosec/docs/policies_guides/ISPP/Information_Security_Program _Policy.pdf

(2) Homeland Security Presidential Directive/HSPD-12, Policy for a Common Identification Standard for Federal Employees and Contractors (08-27-04):

http://www.whitehouse.gov/news/releases/2004/08/print/20040827-8.html

(3) OMB Memorandum M-05-24, Implementation of Homeland Security Presidential Directive (HSPD) 12 – Policy for a Common Identification Standard for Federal Employees and Contractors (08-05-05):

http://www.whitehouse.gov/omb/memoranda/fy2005/m05-24.pdf

(4) OMB Memorandum M-07-06, Validating and Monitoring Agency Issuance of Personal Identity Verification Credentials (01-11-07):

http://www.whitehouse.gov/omb/memoranda/fy2007/m07-06.pdf

(5) Federal Information Processing Standards Publication (FIPS PUB) 201-1 (Updated June 26, 2006):

http://csrc.nist.gov/publications/fips/fips201-1/FIPS-201-1-chng1.pdf

(6) HHS Interim Policy: Contractual Implementation of Homeland Security Presidential Directive (HSPD) 12, Policy for a Common Identification Standard for Federal Employees and Contractors [Draft]

(7) HHS Office of Security and Drug Testing, Personnel Security/Suitability Handbook (02-01-05):

http://www.knownet.hhs.gov/acquisition/pssh.pdf

(8) HHSAR 307.7106, Statement of Work (SOW); HHSAR 307.7108 in new coverage as of 02-01-07:

http://knownet.hhs.gov/acquisition/hhsar/Default.htm

(9) Federal Acquisition Regulation (FAR) 37.602, Performance Work Statement

(PWS):

http://acquisition.gov/far/current/html/Subpart%2037_6.html#wp1074648

(10) FAR Subpart 4.13, Personal Identity Verification of Contractor Personnel:

http://acquisition.gov/far/current/html/Subpart%204_13.html#wp1074125

(11) FAR 52.204-9, Personal Identity Verification of Contractor Personnel [clause]:

http://acquisition.gov/far/current/html/52_200_206.html#wp1139617

3.0 CONTRACTOR HEALTH AND SAFETY REQUIREMENTS

3.1. 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 avoid actions and conditions that may result in an accident.

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 Project Officer and ORF Safety Officer (safety@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 Project Officer shall meet to review and discuss the safety requirements of this contract. The contractor’s Project Manager is responsible for meeting arrangement.

3.2 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 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 Project Officer and ORF Safety Officer (safety@nih.gov) at least 14-working days prior to work commencement.

3.3 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 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.

3.4 CONTRACTOR SUPERVISOR ORIENTATION

a) Prior to commencing work, ensure that all contractor and subcontractor site supervisors at any tier have completed the NIH Contractor Supervisor 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 ORF Safety Officer to register each supervisor for orientation. Class registration should be

3.5 DELIVERABLES

a) All deliverables required under this Contractor Safety and Health Section must be provided to the NIH Project Officer and ORF Safety Officer (safety@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.

3.6 SITE SPECIFIC ACCIDENT PREVENTION PLAN

The contractor shall submit for NIH’s review and comment, a Site Specific Accident Prevention Plan. Contents of the Contractor’s Site Specific Accident Prevention Plan will be in accordance with Appendix A, EM 3985-1-1.

Note: For LIMITED-SCOPE SERVICE, SUPPLY AND R&D CONTRACTS, (e.g.

painting, janitorial service), the ORF Safety Officer may allow an Abbreviated Accident Prevention Plan and waive the more stringent elements of the comprehensive plan. The contractor must make a written request to the ORF Safety Officer (safety@nih.gov) and provide copy to the NIH Project Officer.

3.7 CONTRACTOR EMPLOYEE SAFETY TRAINING DOCUMENTATION

a) The contractor shall submit a resume identifying the experience and qualifications for the proposed Contractor Safety and Health Officer(s). The NIH Project Officer may reject anyone he/she deems “Not Qualified”.

b) The contractor shall submit copies of each employee’s OSHA 10-hour General Industry Outreach class or OSHA 10-hour Construction Industry Outreach class certification.

c) The contractor shall submit copies of each Supervisor’s NIH Contractor Orientation certification.

3.8 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.

3.9 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 above 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.

c) At the NIH Project Officer’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.

3.10 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 Project Officer or ORF 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 Project Officer and ORF Safety Officer (safety@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 on 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, by the contractor, or at the NIH’s discretion, with an individual meeting the requirements of this Section.

d) The Contractor Site Safety and Health Officer may not be removed from this contract or replaced without the NIH’s advanced written approval. The contractor shall notify the NIH Project Officer 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.

3.11 SITE SAFETY AND HEALTH OFFICER DEFINITIONS

a) ORF SAFETY OFFICER An employee of the NIH, or designated representative who is responsible for management of the Office of Research Facilities (ORF) Safety Program.

b) NIH PROJECT OFFICER 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 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:

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

ii. Possess a minimum 5 years progressive experience in their trade.

iii. Be knowledgeable concerning all Federal, State, and Local regulations applicable to safety.

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

v. 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.

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

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

viii. Possess verifiable training in the development and presentation of “tool box” meetings and safety training.

3.12 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:

• Potential hazards in the work areas

• Required personal protective equipment and apparel

• Methods to mitigate hazards as appropriate

• 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.

3.13 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 Project Officer 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 Project Officer.

3.14 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 Room 6C306, phone 301-496-4411).

Injuries and illnesses other than first-aid treatment 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 Project Officer and ORF Safety Officer (safety@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 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.

3.15 NIH RIGHTS

a) Inspections/Investigations

(1) The NIH Project Officer 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 Project Officer shall receive copies of any safety inspection reports completed by the contractor or anyone performing work for, on behalf of or under the contractor.

(3) The NIH Project Officer 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 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 Project Officer 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 Project Officer 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 Project Officer 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 and imminent danger or could result in serious harm.

(4) The NIH Project Officer 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 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.

3.16 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 Project Officer 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: The contractor shall provide the NIH Project Officer a copy of its Confined Space Entry Program as part of the Site Specific Accident Prevention Plan Submittal.

(1) 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.

(2) Work shall not start in a confined space until the required submittals have been made and appropriate safety precautions taken by the. 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 Project Officer.

(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, NIH Fire Department policies, and 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 NIH Fire Department.

This can be obtained by calling the NIH Fire Marshall at (301) 496-0414.

e) Excavating & Trenching:

(1) Before 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.

(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 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.

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.

3.17 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 Project Office 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 Project Officer.

(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 following actions for review and acceptance by the NIH Project Officer.

(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.

END CONTRACTOR HEALTH & SAFETY REQUIREMENTS

SECTION I--CONTRACT CLAUSES

Article I.1

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

a. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1)

CLAUSES

FAR 52.202-1 Definitions (NOV 2013) FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-5 Covenant Against Contingent Fees (MAY 2014) FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP

2006) FAR 52.203-7 Anti-Kickback Procedures (MAY 2014) FAR 52.203-8 Cancellation, Rescission, and recovery of Funds for Illegal or

Improper Activity (MAY 2014) FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity

(MAY 2014)

FAR 52.203-12 Limitation on Payments to Influence Certain…