RFP__NIHOF2015030_-_AMEND__00001.pdf

SOLICITATION

SECTION A - SOLICITATION/CONTRACT FORM

1. Requisition or other Purchase Authority: N/A

2. Request for Proposal (RFP)#:

NIHOF2015030

3. Issue Date:

December 15, 2014 (Amendment #00001 – December 17, 2014)

4. Set Aside:

[X] No [ ] Yes-See Part IV

5. Title:

Electrical Vault 11 Transformer and Switchgear Replacement, ACRF, NIH Bethesda, MD

6. ISSUED BY:

National Institutes of Health Ms. Kimberly Goodwin, Contracting Officer Office of the Director - Office of Research and Facilities Office of Acquisitions - Bldg 13, Room 2E48, MSC 5711 9000 Rockville Pike Bethesda, MD 20892

7. SUBMIT OFFERS TO:

See SECTION J - Packaging and Delivery of the Proposal of this Solicitation

8.

Proposals for furnishing the supplies and/or services in THE SCHEDULE will be received at the place specified in, and in the number of copies specified in SECTION J, Packaging and Delivery of the Proposal, until 2:00 P.M. EST on January 23, 2015. Offers will be valid for 120 days unless a different period is specified by the offeror in SECTION J - Proposal Summary and Data Record, NIH 2043.

9.

This solicitation requires delivery of proposals as stated in SECTION J, Packaging and Delivery of the Proposal. If proposals are required to be delivered to two different locations, the OFFICIAL POINTOF RECEIPT for determining TIMELY DELIVERY is the address provided for the OFFICE OF

ACQUISITIONS.

IF YOUR PROPOSAL IS NOT RECEIVED BY THE CONTRACTING OFFICER OR HIS DESIGNEE AT

THE PLACE AND TIME SPECIFIED FOR THE OFFICE OF ACQUISITIONS, THEN IT WILL BE

CONSIDERED LATE AND HANDLED IN ACCORDANCE WITH subparagraph (c)(3) of FAR Clause 52.215-1, Instructions to Offerors -- Competitive Acquisition," located in SECTION L of this solicitation.

10.

Offeror must be registered in the Central Contractor Registry (CCR) prior to award of a contract. Offerors must access the CCR through The System for Award Management (SAM) at http://www.sam.gov

11. FOR INFORMATION CALL:

Ms. Kimberly Goodwin Phone: 301-451-7243 E-mail: kimberly.goodwin@nih.gov

COLLECT CALLS WILL NOT BE ACCEPTED

RFP TABLE OF CONTENTS

http://www.sam.gov/ mailto:kimberly.goodwin@nih.gov

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - STATEMENT OF WORK

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

PART I - THE SCHEDULE

THE INFORMATION SET FORTH IN SECTION A - SOLICITATION/CONTRACT FORM, HEREIN

CONTAINS IMPORTANT INFORMATION FOR ANY OFFEROR INTERESTED IN RESPONDING TO

THIS SOLICITATION. ANY CONTRACT RESULTING FROM THIS SOLICITATION WILL INCLUDE IN

ITS SECTION A - SOLICITATION/ CONTRACT FORM, ACCOUNTING, APPROPRIATION AND

GENERAL INFORMATION APPLICABLE TO THE CONTRACT AWARD.

THE CONTRACT SCHEDULE SET FORTH IN SECTIONS B THROUGH H, HEREIN, CONTAINS

CONTRACTUAL INFORMATION PERTINENT TO THIS SOLICITATION. IT IS NOT AN EXACT

REPRESENTATION OF THE CONTRACT DOCUMENT THAT WILL BE AWARDED AS A RESULT OF

THIS SOLICITATION. THE CONTRACT COST OR PRICE AND OTHER CONTRACTUAL PROVISIONS

PERTINENT TO THE OFFEROR (i.e., those relating to the organizational structure [e.g., Non-Profit, Commercial] and specific cost authorizations unique to the Offeror's proposal and requiring Contracting Officer Prior Approval) WILL BE DISCUSSED IN THE NEGOTIATION PROCESS AND WILL BE

INCLUDED IN THE RESULTANT CONTRACT. THE ENCLOSED CONTRACT SCHEDULE IS

INTENDED TO PROVIDE THE OFFEROR WITH THE NECESSARY INFORMATION TO UNDERSTAND

THE TERMS AND CONDITIONS OF THE RESULTANT CONTRACT.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The National Institutes of Health (NIH), Office of Research Facilities (ORF) is soliciting proposals from offerors capable of performing the work necessary in accordance with SECTION C - STATEMENT OF WORK (SOW) and any accompanying drawings and specification cited in the SOW. The work includes all material, equipment, labor, supervision, quality control, and commissioning necessary to replace failed and/or outdated 13,800 volt liquid-filled normal and emergency transformers and associated switchgear located in NIH Electrical Vault 11 on the 14th floor of the two story mechanical and electrical penthouse of the Building 10 Ambulatory Care Research Facility (ACRF) tower, Bethesda, Maryland. The replacement of the ACRF transformers will provide a means for a reliable and redundant source of power to the outpatient clinics and research laboratories in the building.

ARTICLE B.2. PRICE SUMMARY AND BACKUP INFORMATION

The business proposal must contain sufficient information to allow the Government to perform a basic analysis of the proposed cost or price of the work. Offeror shall submit complete SECTION B pricing information as delineated in Table B1 - Proposal Summary of Costs and Table B2 - Pricing Worksheet Backup. Utilizing the Government's templates, provided in a Microsoft Excel format (see SECTION J, Proposal Cost Summary and Backup Information), the Offeror shall submit Tables B-1 and B-2 pricing information to include burdened labor, material, and subcontractor costs, overheads, and profit.

TABLE B-1 -- PROPOSAL SUMMARY OF COSTS *USE 50 DIVISIONS AS DEFINED CSI's MASTERFORMAT

DIV.

ITEM DESCRIPTION

(Use CSI Division Worksheet to back-up all pricing information for each Division listed in Table)

(A)

MATERIALS

(B)

LABOR

(C) = (A) + (B)

SUBTOTAL

COST

(D)

SUBCONTRACTOR

COSTS

(E) = (C) + (D)

TOTAL COST

SUBTOTAL - 1:

OVERHEAD (% * subtotal 1 (C)) : (INSERT %) 10%

SUBTOTAL- 2 (subtotal 1 (C ) + overhead):

PROFIT (% * subtotal 2): (INSERT %) 10%

SUBTOTAL - 3 (subtotal 2 + profit):

TOTAL SUBCONTRACTOR COSTS (subtotal 1 (D)):

SUBTOTAL - 4 (subtotal 3 + total subcontractor costs):

PERFORMANCE / PAYMENT BOND:

TOTAL CONTRACT PRICE (subtotal 4 + bond):

TABLE B-2 -- PRICING WORKSHEET BACKUP

DIV. #:* DIVISION DESCRIPTION: QUANTITY MATERIALS LABOR

(G) = (D) + (F)

TOTAL ITEM COST

(A)

No. Units (B)

Unit Meas.

(C)

$ Per Unit

(D) = (A) *(C)

Subtotal (E)

$ Per Unit

(F) = (A) * (E)

Subtotal

ITEM # PRIME WORK ITEMS

1 $ - $ - $ - $ - $ -

2 $ - $ - $ - $ - $ -

3 $ - $ - $ - $ - $ -

4 $ - $ - $ - $ - $ -

5 $ - $ - $ - $ - $ -

6 $ - $ - $ - $ - $ -

7 $ - $ - $ - $ - $ -

8 $ - $ - $ - $ - $ -

9 $ - $ - $ - $ - $ -

10 $ - $ - $ - $ - $ -

11 $ - $ - $ - $ - $ -

12 $ - $ - $ - $ - $ -

13 $ - $ - $ - $ - $ -

14 $ - $ - $ - $ - $ -

15 $ - $ - $ - $ - $ -

16 $ - $ - $ - $ - $ -

17 $ - $ - $ - $ - $ -

18 $ - $ - $ - $ - $ -

19 $ - $ - $ - $ - $ -

20 $ - $ - $ - $ - $ -

21 $ - $ - $ - $ - $ -

22 $ - $ - $ - $ - $ -

23 $ - $ - $ - $ - $ -

24 $ - $ - $ - $ - $ -

25 $ - $ - $ - $ - $ -

1 - PRIME SUBTOTAL: $ - $ - $ -

SUBCONTRACTOR(S) WORK ITEMS

(Provide separate back-up for each subcontractor listed) (A)

No. Units (B)

Unit Meas.

(C)

$ Per Unit

(D) = (A) *(C)

Subtotal (E)

$ Per Unit

(F) = (A) * (E)

Subtotal

(G) = (D) + (F)

TOTAL ITEM COST

1 $ - $ - $ -

2 $ - $ - $ -

3 $ - $ - $ -

4 $ - $ - $ -

5 $ - $ - $ -

2 - SUBCONTRACTOR SUBTOTAL: $ - $ - $ -

3 - PRIME OVERHEAD ON SUBCONTRACTOR (% * Subcontractor (G)): (INSERT)% 5% $ -

4 - SUBTOTAL (SUM 2 + 3): $ -

5 - PRIME PROFIT ON SUBCONTRACTOR (% * Subtotal 4): (INSERT)% 5% $ -

6 - TOTAL SUBCONTRACTOR (SUM 4 +5): $ -

TOTAL DIVISION (SUM 1 + 6): $ -

ARTICLE B.3. PRICES

A. The total fixed price of this contract is $4-8 Million.

B. Upon delivery and acceptance of the services described in SECTION C of this contract, the Government shall pay to the Contractor the agreed upon unit price(s).

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.

SECTION C - STATEMENT OF WORK

BACKGROUND

As a part of the U.S. Public Health Service under the Department of Health and Human Services, the National Institutes of Health (NIH) is the Federal Government's primary biomedical research agency. The NIH's mission is to seek fundamental knowledge about the nature and behavior of living systems and the application of that knowledge to enhance health, lengthen life, and reduce the burdens of illness and disability. Composed of 27 Institutes and Centers, the NIH provides leadership and financial support to researchers in every state and throughout the world.

The world's largest clinical research hospital is a complex of buildings on the NIH campus, known as Building 10 or the Clinical Center Complex (CCC). With the original Warren Grant Magnuson Clinical Center at the hub, over the years the complex expanded from its original 1951 structure to encompass important additions including the 1981 Ambulatory Care Research Facility (ACRF) and the 2002 Mark O.

Hatfield Clinical Research Center (CRC).

There are two large electrical vaults (Vault 10 and Vault 11) located on the 14th floor of the two story Mechanical and Electrical penthouse of the ACRF tower. Vault 11 is a two story space approximately 1,375 SF and roughly 36' high. This project involves the replacement of four existing transformers and associated switchgear located in electrical Vault 11.

The four Vault 11 transformers are liquid filled and are more than 30 years old and past their useful life.

All four transformers were manufactured in 1979/1980 and procured from the same supplier. In June 2012, the NIH Department of Environmental Protection (DEP) sampled liquid from Vault 11 Feeder 80 Transformer for polychlorinated biphenyls (PCBs). Tests results concluded PCBs were not detected at or above EPA reporting limits. In April 2013, the three remaining transformers, Feeders 70, 60 and W10 were also tested and deemed "Non-PCB" (<50 ppm) per EPA regulations listed in 40 CFR part 761.

PROJECT GOALS

• To execute the project in the safest manner

• To execute the Project at the most reasonable cost to the Government

• To complete the Project in the most efficient and expeditious manner

• To minimize the disruption caused by the Project to ongoing NIH functions

PROJECT DESCRIPTION

The 2000 KVA transformers are connected in a spot network N+1 configuration on 13.8 KV feeders 60, 70 and 80. The 500 KVA emergency power transformer is supplied power from the 13.8 KV emergency feeder W10. The 2000 KVA normal power transformer fed from feeder 80 has failed. The transformer is a Westinghouse liquid-filled 2000 KVA, 13,800 / 480/277V, 3Ø, 4W, 7.0% Z, weighing 14,500 lbs. when filled with cooling medium and 11,125 lbs. when dry. This transformer has been out of service and unavailable to perform its intended purpose for some time. In addition, associated switchgear elements have been compromised due to breaker misalignment resulting from an uneven floor.

Although lightly loaded, the existing electrical distribution system has been compromised from a reliability standpoint due to the loss of its engineered N+1 arrangement. While various rigging/replacement options have been reviewed and presented for consideration, the NIH has opted to pursue the replacement of the entire transformer array (including primary feeders) as well as a total switchgear replacement. Existing loads are to be re-fed by intercepting feeders within the vault. Complete feeder replacements (switchgear to load) are not a part of this program. This building enhancement is to be performed without extended system outages, and without exotic rigging activities outside the vault itself.

The work includes the procurement, fabrication, field assembly, installation, testing and commissioning of three (replacement) 2000 KVA, 13.8 KV-480 volt spot network normal power dry type transformers, one (upgraded from 500KVA) 1500 KVA, 13.8 KV-480 emergency power dry type transformer, 480 volt switchgear, interconnecting 480 volt bus ducts, incoming 15 KV cables from ACRF Vault 10, necessary cable terminations, three (3) 15 KV Fused Load Break Disconnect Switches for normal power feeders 60, 70, 80 and one (1) 15 KV Fused Load break Disconnect Switch for emergency power feeder 85L1(old W10). In addition to transformers and switchgear Vault 11 will be cooled by three (3) new 12-ton vertical floor mounted air conditioning units.

13,800 Volt feeders 60, 70 & 80 emanating from Vault 10 serve the three existing spot network transformers while Feeder #W10, also emanating from Vault 10, serves the existing 500 KVA emergency transformer. These existing feeders, bus-ways between each transformer, overhead conduit for the switchgear and the switchgear itself will be replaced by this project and are all below the line of the proposed new mezzanine platform that will house the new transformers.

The upgraded emergency power transformer will provide the future capability of adding additional equipment such as the Air Handling Units that supply air to the ambulatory clinics and research laboratories in the ACRF. Additionally the project requires the removal of life safety equipment power for the Clinical Research Center (CRC) to be re-fed from the CRC Vault AB. This change will mitigate any interruption or disruption that might occur with shutdowns during construction in the vault that could impact the hospital (CRC).

Included in the project will be redundant power sources for: 1) the radio communications supporting NIH fire and police; 2) re-circuiting of stairwells #15 and #16 lighting and pressurization fans in the stairwells;

and 3) moving the redundant emergency power source for Pharmacy exhaust fans on ACRF roof to Vault-10, The first phase of the work will involve the removal of some minor distribution feeders that are in the way of the new transformer platform and the removal of the failed, out-of-service network transformer #80.

After installation of the structural work for the mezzanine platform which encompasses the entire footprint of Vault 11, the sequential removal of each transformer will be accomplished and new dry type transformers assembled, installed, and energized on the new mezzanine platform. Along with each transformer each new section of the electrical switchgear will be installed and connected to the new transformer and distribution feeders to allow uninterrupted power service to the building. The new switchgear will not be located on the structural steel mezzanine. Once complete, the old switchgear will be disconnected and removed.

A carefully orchestrated, phased transition shall be required for two distinct equipment block movements;

the transition from liquid to dry-type transformers making way for the new switchgear, and the subsequent transition from the existing switchgear to the new.

The replacement project must be phased such that two transformers remain in service at all times. Should the two transformers that must remain in service fail, elevators, life safety components such as emergency lighting and stairwell pressurization, as well as specialty equipment in the lab spaces and clinics would be without power.

In addition to the replacement of the four transformers and switchgear, the work will include the installation of three new 12-ton floor standing air conditioning units (ACUs) with glycol heat exchangers on the roof. The new ACUs will not be mounted on the structural steel mezzanine.

COMPLEXITY OF THE WORK

The Project work area is located directly above occupied space within a research and outpatient clinic facility. Facilities of this type are highly complex and present many challenges, requiring extraordinary care and coordination to assure a successful completion. This project is demanding and complex due to the following:

A. The new structural steel mezzanine is to be constructed within the restrictive confines of Vault 11 and over live 13,800 volt transformers and associated switchgear. Therefore, the Contractor shall possess the technical and experiential expertise to perform heavy electrical/structural construction over live 13,800 volt transformers and associated switchgear. In this environment, even a small accident can produce lethal Arc Flash.

B. In its present configuration, the ACRF is completely landlocked and it is not possible to crane replacement liquid filled transformers to ACRF Vault 11 which is located on the 14th floor of the ACRF. There are no freight elevators in this area and the only passenger elevator (no. 26) that goes to 14th floor of ACRF is limited in hoisting capacity to 4000 pounds. Furthermore, any use of a helicopter is prohibited. Therefore, passenger elevator 26 will be employed for the vertical transport (rigging point) of all equipment, materials and personnel involved in this project.

C. The replacement transformers cannot be liquid filled because they cannot be transported in pieces and assembled in Vault 11. Investigation with transformer vendors has indicated that dry type replacement transformers can be assembled, tested at factory, disassembled, and transported in parts, rigged, installed, tested and commissioned in ACRF Vault 11 itself. The existing network transformers, emergency transformer, bus-way and switchgear shall all be either disassembled or cut up for removal through passenger elevator 26.

D. Passenger elevator 26 extends from the B-2 level to the 15th level of the ACRF. However, Passenger elevator 26 is part of a bank of elevators on floors B-1 through 13, utilized for public and staff access. Furthermore, it is used by maintenance personnel to access not only areas on the 14th floor but also the mechanical area on the 15th level; hence, the elevator cannot be taken out of service and this project will not have exclusive use of it. Dust, dirt, or oil cannot be allowed to be tracked from this elevator to any intervening floor, and therefore cleanliness must be maintained throughout its use. [Note: Passenger elevator 26 requires Card Key access to the B-2 and 14th floors.]

E. Although passenger elevator 26 goes to the 15th level of the ACRF, it does not extend to the roof;

access to the roof is attained via a stairwell on the 15th floor.

F. Throughout the construction, operation of passenger elevator 26 will require close coordination with the ACRF Building Manager, the Clinical Center Office of Facilities Management, the Office of Hospital Physical Environment (OHPE), the NIH Fire Marshal, and the Project Officer.

G. In its current configuration, the bus duct, supported by all-thread rods connected to the Vault 11 ceiling, is suspended over the live transformers. The new structural steel mezzanine will be erected in the space above the bus duct, thereby interfering with the support arrangement and requiring alternative support methods.

H. Waste from this project will be handled under the NIH campus solid waste contract. For all work in Building 10/ACRF, all demolition and construction debris shall be taken to the construction dumpster at the B2 level East loading dock only. Items weighing more than 1000 lbs., including fluids, may require special coordination with the NIH Department of Environmental Protection for disposal in the NIH dumpster(s).

I. Occupied facility considerations - Care will need to be taken to minimize the disruption and exposure to the occupied areas throughout the project duration.

1. Work within the Ambulatory Care Research Facility shall comply with the Joint Commission construction requirements and NIH Interim Life Safety Measures (ILSM) and Construction Risk Assessment (CRA) established by the NIH Division of Fire Marshall, ORF Office of Hospital Physical Environment (OHPE), and NIH Clinical Center. The ISLM and CRA are part of the construction contract requirements.

2. The area under Vault 11 is currently being utilized as cancer patient treatment rooms.

Patients with compromised immune systems, such as cancer patients, require strict standards for infection control and control of dust and debris within and around Building 10.

3. An occupied BSL-2 laboratory is located on the 13th floor of the ACRF. Infectious disease research with controlled infectious agents will continue to be conducted throughout the project. Loss of control of the directional air flow, interruption of the lab vacuum system, or loss of electrical power could lead to the contamination of those working with these samples and those in adjacent spaces.

J. Restricted space at the B-2 loading dock - The contractor must closely coordinate delivery times with the Facility Manager and Project Officer.

K. Security - Construction activities within the operating ACRF (and campus wide) will require close coordination with NIH Security and Building 10 Clinical Center Complex security directives. [Note:

Employees and visitors should continue to wear their identification prominently at all times while on campus.]

CONSTRAINTS

A. The Contractor must not interrupt any of the NIH Government activities in the performance of this work, including adjacent utility spaces and occupied areas within Building 10, specifically within the ACRF, which will remain operational throughout the construction process.

B. Demolition and other noisy activities shall not occur during business hours (business hours are defined as 6:30 am to 7:30 pm, Monday - Friday for this project) without prior approval by NIH.

The Contractor shall request such permission no less than seven (7) days prior to the requested work. [Note: The use of equipment which produces substantial noise or vibration in buildings, such as pneumatic hammers, etc., is prohibited except in those cases where no other method is available. If use of such equipment is approved, work will be restricted to non-NIH work hours as approved by the Project Officer.]

C. Parking Restrictions - The construction is going to take place on the NIH campus which has restricted access; extremely limited parking and very little site construction staging area.

Considerations include the following:

1. Construction workers are strictly prohibited from parking their personal vehicles on the NIH campus. The NIH requires that contractors provide off-site parking and shuttle service for their workers for the duration of their project. This cost shall be borne by the contractor.

2. Properly marked company vehicles and equipment required in the performance of the project shall be permitted to park within the Project approved staging area(s). Personal vehicles are prohibited from parking within the staging areas.

3. The NIH campus is surrounded by urban neighborhoods that are sensitive to construction activities, particularly noise, truck traffic and thus has restrictions on work hours. The surrounding neighborhoods are very sensitive to contractor personnel parking on the residential streets. The contractor shall take appropriate measures to mitigate parking by contract employees in the surrounding neighborhoods.

4. The NIH has been declared a Non-Smoking Campus. Smoking is not allowed at all on the

NIH property, including construction sites.

D. Badging - Refer to Article H.14.3 – Contractor Personnel, Subsection A – Security Procedures, Item 9 – NIH ID Badge Process.

1. The NIH Badge (NIH Legacy Badge), not to be confused with the HHS ID Badge, is an identification credential issued to individuals who are in a short-term or intermittent position that requires physical access to the NIH campus and/or facilities.

ENABLING PROJECTS

Enabling projects are considered ancillary work that must be completed so that the primary focus of the Project can be executed. Enabling electrical system modifications and/or augmentations have been identified to assist with and facilitate the entire replacement transition process.

[Note: No power can be shut off from Vault 11 until the enabling project that duplicates that power is complete.]

A. Enabling Project 1 - the provision of additional emergency power (480V, 3Ø, 4W, 600A) to the 15th floor mechanical penthouse. This new power shall emanate from the CRC emergency switchboard (EQHSBB2AA) located on the B2 level adjacent to the main electric room, traverse the B2 garage level, and extend vertically along the exterior shaft wall of elevator 53. The initial load for this new distribution system will be the transition of panel EQHDP15A presently supporting smoke evacuation, as well as stair pressurization fans. The work associated with this enabling project can be found on drawings AEP01 - AEP03, and EEP01 - EEP04.

B. Enabling Project 2 - the provision of redundant emergency power to serve existing exhaust fan EF3-1A. This new emergency source shall be attained from existing emergency switchboard "4556SWBD14001" located within Vault 10. There shall be no change to the drive configuration or controls associated with this fan. The work associated with this enabling project can be found on drawings EEP05 - EEP07.

C. Enabling Project 3 - the provision of redundant emergency power to serve existing panel • 4557A5. This new emergency source shall be attained from existing emergency switchboard “4556SWBD14001" located within Vault 10, and manually selected by the incorporation of a heavy duty, double-throw, non-fused safety switch. There shall be no change to any of the loads associated with panel 4557A5. The work associated with this enabling project can be found on drawings EEP05 - EEP07.

D. Enabling Project 4 - the provision of separate emergency power circuits intended to serve the existing lighting in stairs 15 & 16. The general intent of this task is to provide different emergency power supplies for the primary floor and intermediate landings on an alternating basis, reducing the possibility of total black-out. This particular enabling project is generic at this juncture and requires coordination (circuitry and source selection) with ORF's Division of Facilities Stewardship (DFS) prior to construction. The work associated with this enabling project can be found on drawing EEP08.

DEFINITIONS

The following definitions shall apply:

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

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

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

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

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

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

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

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

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

J. The acronym "PO" shall be defined as the NIH Project Officer also known as the Contracting

Officer's Representative (COR).

K. The term "Project" shall be defined as: Replace Defective Transformers and Vault Distribution in ACRF Vault 11.”

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

M. The term "Enabling Projects" shall mean those construction projects that must be completed so that the primary focus of the Project can be executed.

N. The acronym "RFI" shall be defined as a Request for Information (RFI) - a question posed by the Contractor seeking clarification on contract requirements.

SUMMARY OF GENERAL SERVICES

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

B. The Contractor shall have the complete responsibility for the execution of the Project, including provision of all labor, materials, supervision, coordination, equipment, transportation and other applicable elements of cost, either direct or indirect, as required for full and complete execution of the work, as defined by the plans and specifications titled "Replace Defective Transformers and Vault Distribution in ACRF Vault 11," and as summarized in the contract documents, including participation in commissioning and functional performance testing requirements.

C. It is the intent of the Government to utilize electronic documentation and e-mail as much as practical for all communications, reports, and records in the construction of this project.

1. The Contractor shall provide all required submissions in an applicable, if not already designated, format by the contract or specifications.

2. Section 508 Applicability and Compliance

a. The only Electronic and Information Technology (EIT) product or service required under this contract is the submission of electronic Reports, Records and Deliverables.

b. Electronically submitted reports shall be in a HHS Section 508 Policy compliant format.

The appropriate 508 Standards are identified in Article I.3.

D. The Contractor shall consult with the Government and A/E regarding site use and improvements, and the selection of materials, building systems and equipment. The Contractor shall take active participation and responsibility for identifying and prioritizing elements of work within the project that are to be part of the scope of work for the facility. The Contractor shall provide recommendations on construction feasibility, actions designed to minimize adverse effects of labor or material shortages, time requirements for procurement, installation and renovation/construction completion, and factors related to construction cost, including estimates of alternative designs or materials, preliminary budgets, and possible economies.

E. Earned Value - Contractor shall provide with their Construction Schedule Submission, a Monthly Total Estimated Invoice Amount with a corresponding description of work to be delivered for that amount for the duration of the schedule. This Monthly Invoice Amount along with the narrative description of delivered work and milestones shall be used as the baseline for delivery of work.

The approved actual Invoice amount will be measured against this baseline.

F. Records/Reports - The Contractor shall keep accurate and detailed written records of project progress during all stages of construction and prepare Monthly Progress Reports in the format and frequency required by the PO. The reports shall provide periodic status reports, including daily diaries, weekly reports, monthly status reports as required by the contract documents, etc.

The Contractor shall maintain a detailed daily diary of all events, which occur at the job site or elsewhere, which affect or may be expected to affect project progress.

1. The Contractor shall maintain at the job site, on a current basis, contract records including copies of all correspondence, submittals, progress reports and related documentation throughout the duration of construction. Files shall be logically organized and indexed according to a filing system. The records shall be organized and maintained so they are easily accessible. All Contractor files relating to this contract and/ or project will be made accessible to the Government throughout the contract duration. Such files will be turned over to the Government for record purposes prior to close out of the Contractor contract.

Examples of files to be maintained are:

• Correspondence

• Up to date plans and specifications that include Supplemental Instructions, Amendments, RFI clarifications

• B iAnnotated submittals

• Formal and pending contract modifications with documentation

• Value engineering change proposals

• Claims and supporting documentation

• Minutes from progress meetings

• Approved payment vouchers

• Documentation of significant clarifications and decisions

• Inspection and progress reports

• Contractor's monthly status reports

2. Monthly Reports - Monthly Reports shall be submitted with the application for Payment in 8.5x11 formats. The Contractor shall distribute three (3) copies and one electronic copy of each monthly report, via pre- paid express mail for next day delivery to the Government (including CO, PO, and A/E). Contractor shall coordinate with the PO and A/E to assure report accuracy. Information to include in Monthly Reports:

• Narrative and Earned Value report

• Update of the project schedule with analysis

• Percentage of construction in place, planned and actual for each schedule activity

• Summary Budget Status

• Inspection report, list of deficiencies and omissions

• Summary of outstanding problems/issues

• Summary of issues resolved, decisions reached, clarifications, instructions, etc.

• Summary report on submittals and Requests for Information

• Safety Report

• Monthly Progress Report (as noted above)

3. Subcontracting Plan (If applicable)

a. The Contractor shall, on a monthly basis, certify that their approved Subcontracting Plan is in effect. Contractor verification shall include reviewing subcontractor records (such as subcontracting reports, source lists, contract guidelines, documentation of outreach efforts, etc.) and conducting interviews with subcontractor employees. A letter report shall be prepared by the Contractor and sent to the CO, summarizing the Contractor's subcontractor activity and the Contractor's adherence to goals within the Subcontracting Plan each month.

b. Performance against subcontracting goals shall be identified in the Monthly Report.

G. Field Office

1. The Contractor shall maintain an on-site office for the duration of the contract. The

Government will make available for the Contractor use, office and staging space within Building 10. Exact location to be determined.

2. The electrical, water and sewage utility service to the office space will be provided by the Government at no expense to the Contractor, as approved by the CO.

a. Electrical service is provided for field office and general use.

i. Reasonable usage of Government water and sewage is allowed.

The Contractor is responsible for providing and installing any temporary transformers and secondary distribution as required, and making all connections, as required.

b. Telephone and high speed IT services (Data/LAN) for the entire office space shall be provided by the Contractor as part of their scope of services.

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

c. The Contractor shall provide all computers, printers, any furniture and other equipment as required for its own staff.

COMMISSIONING SERVICES

The Contractor will provide the services of a professional Commissioning Agent (CxA). The Contractor shall cooperate with the Commissioning Agent and coordinate and ensure completion of all commissioning requirements by the Subcontractors, including start-up, testing, O&M manuals, training, spare parts, tools and record documents.

A. The Contractor's scope of work is detailed in the construction specification but generally includes the following:

1. Collaborating with the CxA in execution of the Commissioning Process

2. Incorporation of the Commissioning process and tasks into the Contractor construction schedule

3. Attendance at Commissioning Meetings

4. Preparation of construction documentation in support of the Commissioning process

5. Review and completion of startup and pre-functional documentation

6. Execution of start-up and pre-functional activities required by the CxA process including the basic construction quality control

7. Review of functional testing procedures and Functional Performance Tests (FPT's)

8. Collaboration with Commissioning Agent in the execution of Functional Performance Testing

B. Costs incurred by the Contractor for full participation in the commissioning process, including submission of waste management and IAQ (Indoor Air Quality) compliance reports to the Government, shall be borne by the Contractor.

CONTRACT TIME

A. Contract Time is the period of time, in calendar days, allotted in the Contract Documents for the completion of the Work. A Calendar Day shall be understood to be any day of the year, including weekends and holidays.

B. The date of commencement of the Work is the date established in the Notice to Proceed letter issued by the CO. The Contractor shall begin the Work on the starting date established in the Notice to Proceed letter, and shall perform the Work expeditiously with adequate forces and shall complete the Work within the Contract Time.

C. It is expressly understood and agreed that the Contract Time is a reasonable and acceptable time for completion of the Work considering the requirements of the Contract Documents, the type and scope of the Project, and the usual industrial and labor conditions prevailing in the locality of the Project.

D. It is expressly understood and agreed that the Contract Time includes adequate time to account for normal weather. Normal weather considers the climatic conditions in the area of the Project.

No adjustments to the Contract Time will be allowed on the account of normal weather. The Contractor shall include adequate float or other allowance in the construction schedule to accommodate weather conditions that may be associated with weather dependent work. An extension to the Contract Time will be considered only in a case where an abnormal or unusual weather delay has directly affected the critical path identified in the approved construction schedule.

E. All requests by the Contractor for extensions of the Contract Time due to delays to the Work shall be made in writing to the CO within 7 calendar days after the start of the delay. Each request shall describe in detail the event or events causing the delay, any related causes, and any impact to the Work and the Project. Failure to submit such requests within the stipulated time and with the information required by this paragraph shall constitute a waiver by the Contractor of his right to an extension of the Contract Time based upon this event or issue.

F. Extensions to the Contract Time will only be allowed for delays that affect the critical path for completion of the entire Work as identified in the approved construction schedule.

SECTION D - PACKAGING, MARKING AND SHIPPING

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

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, Mr. Howard Drogin is the authorized representative of the Contracting Officer.

C. Inspection and acceptance will be performed at:

National Institutes of Health Office of Research Facilities (ORF) Office of Acquisition - AECB Building 13, Room 2E48 9000 Rockville Pike Bethesda, MD 20892-0001

The Government reserves the right to an Inspection period of 60calendar days, unless a different time period is stated when (the Record of Call/elsewhere in the contract). The receiving report, completed and signed by the appropriate official, constitutes acceptance and shall be acknowledged to the payment office (OFM).

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

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

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

SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. PERIOD OF PERFORMANCE

The period of performance of this contract shall be 780 calendar days from the Notice to Proceed.

ARTICLE F.2. 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/far.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:

52.242-15, Stop Work Order (August 1989)

Alternate I (April 1984) is applicable to this contract.

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

52.211-11, Liquidated Damages--Supplies, Services or Research and Development (September 2000).

"(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $1,740 per calendar day of delay [Contracting Officer insert amount]."

http://www.acquisition.gov/far

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:

Mr. Howard Drogin, Project Officer/COR

Building 13 - Room 210 9000 Rockville Pike Bethesda, MD 20892 Email: droginh@ors.od.nih.gov

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.

[Note: 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;

(5) otherwise change any terms and conditions of this contract; or (6) sign written licensing agreements.

Any signed agreement shall be incorporated by reference in SECTION K of the contract

The Government may unilaterally change the designated COR.

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:

A. Project Executive ________________________________________

B. Project Manager ________________________________________

C. QC Manager ________________________________________

D. Superintendent ________________________________________

E. Safety Representative ________________________________________ mailto:droginh@ors.od.nih.gov

ARTICLE G.3. EQUITABLE ADJUSTMENTS DUE TO CHANGES

A. The Contractor shall submit a proposal for all changes in the work within 30 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 30 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.

1. 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:

a. 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.

b. 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:

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

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

iv. 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.

c. 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.

d. 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 within 60 days after completion of the work identified in the change 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 a critical path analysis, shall be submitted within this time and at 60 day intervals thereafter, explaining why the contractor cannot yet know the extent of the impact. If this is not done, a claim for delay will not be considered unless special circumstances are shown.

This requirement is necessary to enable the government to respond to any claims for delay in light of conditions then current.

ARTICLE G.4. INVOICE SUBMISSION

Send original invoices (see SECTION J, Invoice Instructions for NIH Fixed Price Contracts NIH (RC)-2) simultaneously to the following addresses:

A. Email to: ORFOAInvoice3Way@mail.nih.gov

B. Mail to: [Note: Do not send e-mail correspondence to this address]

Office of Financial Management Commercial Accounts 2115 East Jefferson Street, Room 4B-432, MSC 8500 Bethesda, MD 20892-8500

Failure to send invoices to both addresses simultaneously may result in the invoice being delayed or rejected.

CHECKING THE STATUS OF INVOICES

A. Vendors may check…