NIHOF2015035_Solicitation_Janitorial.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE OF

1 44

2. CONTRACT NO. 3. AWARD/

EFFECTIVE DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

NIHOF2015035

6. SOLICITATION

ISSUE DATE

03/16/2016

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JOSHUA BLOW

b. TELEPHONE NUMBER (No collect calls)

+1 919 541 3764

8. OFFER DUE DATE/LOCAL TIME

04/15/2016 1630 ET

9. ISSUED BY CODE IO-ORF 10. THIS ACQUISITION IS UNRESTRICTED OR X SET ASIDE: 100.00 % FOR:

WOMEN-OWNED SMALL BUSINESS

SMALL BUSINESS (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS: 561720

BUSINESS EDWOSB

SERVICE-DISABLED X 8(A)

VETERAN-OWNED SIZE STANDARD: $18.0

SMALL BUSINESS

National Institutes of Health OD - Office of Research Facilities Building 13, Room 2E-47 9000 Rockville Pike Bethesda, MD 20892-5711

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB X RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE ADM-ORF

Ronald McMillan 111 T.W. Alexander Drive Bldg 102.

Research Triangle Park NC 27709

National Institutes of Health OD - Office of Research Facilities Building 13, Room 2E-47 9000 Rockville Pike Bethesda, MD 20892-5711

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Janitorial Services for National Institutes of Health (NIH) at Research Triangle Park NC COR: Ronald McMillan 919-541-7838 mcmilla1@mail.nih.gov Period of Performance: 07/01/2016 to 12/31/2020

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

X ARE

ARE

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

JOSHUA BLOW

31c. DATE SIGNED mailto:mcmilla1@mail.nih.gov

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

STANDARD FORM 1449 (REV. 2/2012) BACK

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

RFP Number: NIHOF2015035

RFP TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION D - PACKAGING, MARKING AND SHIPPING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

- 3 -

RFP Number : NIHOF2015035

- 4 -

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

Task 8 The contractor shall perform services on an as-needed basis (concurrently with the accomplishment of Task 1 and 2) in accordance with the PWS.

6 mo. $ $

Task 9 The contractor shall perform the services on an on-call bases in accordance with the PWS.

Estimated

A. Cleaning Interstitial (Modules C-F) $

B. Services for Special Events

315,945 Sq Ft.

$ 120 Hrs.

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ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

Janitorial Services at National Institute of Environmental Health Sciences (NIEHS) at Research Triangle Park

(RTP), NC.

ARTICLE B.2. PRICES/COSTS

Base Period - 01 July 2016 - 31 December 2016

Item Supplies/Services Quantity Unit Unit Price Amount

Task 1 The contractor shall perform the services on a continuous basis during the operating hours of the Institute, Monday-Friday, exclusive of Federal holidays.

6 mo. $ $

Task 2 Services shall be performed daily on a 24 hour period, outside of the operating hours of the Institute, Monday-Friday, exclusive of Federal holidays.

6 mo. $ $

Task 3 Services shall be performed twice each week during the normal working hours of the Institute except as noted in the PWS.

6 mo. $ $

Task 4 Services shall be performed one time each month outside of the normal working hours of the Institute.

6mo. $ $

Task 5 Services shall be performed quarterly outside of the normal working hours of the Institute.

2 qtr. $ $

Task 6 Services shall be performed semi-annually during the working hours specified in the PWS.

1semi-annual $ $

Task 7 Services shall be performed one time each year during the working hours specified in the PWS.

1 yr. $ $

Task 8 The contractor shall perform services on an as-needed basis (concurrently with the accomplishment of Task 1 and 2) in accordance with the PWS.

12 mo. $ $

Task 9 The contractor shall perform the services on an on-call bases in accordance with the PWS.

Estimated

A. Cleaning Interstitial (Modules C-F) 315,945 Sq Ft. $ $

B. Services for Special Events 240 Hrs. $ $

- 6 -

$ $ Task 10 The contractor shall perform 6 mo.

NIEHS Clinical Research Unit (CRU) Janitorial Services in accordance with the PWS Attachment 2

Base Year 4 GRAND TOTAL: $

CLIN 1001 Option Year 1 - 01 January 2017 - 31 December 2017

Item Supplies/Services Quantity/Unit Unit Price Amount

Task 1 The contractor shall perform the services on a continuous basis during the operating hours of the Institute, Monday-Friday, exclusive of Federal holidays.

12 mo. $ $

Task 2 Services shall be performed daily on a 24 hour period, outside of the operating hours of the Institute, Monday-Friday, exclusive of Federal holidays.

12 mo. $ $

Task 3 Services shall be performed twice each week during the normal working hours of the Institute except as noted in the PWS.

12 mo. $ $

Task 4 Services shall be performed one time each month outside of the normal working hours of the Institute.

12 mo. $ $

Task 5 Services shall be performed quarterly outside of the normal working hours of the Institute.

4 qtr. $ $

Task 6 Services shall be performed semi-annually during the working hours specified in the PWS.

2 semi-annual $ $

Task 7 Services shall be performed one time each year during the working hours specified in the PWS.

1 yr. $ $ the accomplishment of Task 1 and 2) in accordance with the PWS.

Task 9 The contractor shall perform the services on an on-call bases in accordance with the PWS.

Estimated

A. Cleaning Interstitial (Modules C-F) 315,945 Sq Ft. $ $

B. Services for Special Events 240 Hrs. $ $

Task 10 The contractor shall perform $ $ 12 mo.

- 7 -

Task 10 The contractor shall perform 12 mo. $ $ NIEHS Clinical Research Unit (CRU) Janitorial Services in accordance with the PWS Attachment 2

Option Year 1 GRAND TOTAL: $

CLIN 2001 Option Year 2 - 01 January 2018 - 31 December 2018

Item Supplies/Services Quantity Unit Unit Price Amount

Task 1 The contractor shall perform the services 12 mo. $ $ on a continuous basis during the operating hours of the Institute, Monday-Friday, exclusive of Federal holidays.

Task 2 Services shall be performed daily on a 24 hour period, outside of the operating hours of the Institute, Monday-Friday, exclusive of Federal holidays.

12 mo. $ $

Task 3 Services shall be performed twice each week during the normal working hours of the Institute except as noted in the PWS.

12 mo. $ $

Task 4 Services shall be performed one time each 12 mo. $ $ month outside of the normal working hours of the Institute.

Task 5 Services shall be performed quarterly outside of the normal working hours

4 qtr. $ $ of the Institute.

Task 6 Services shall be performed semi- 2 semi-annual $ $ annually during the working hours specified in the PWS.

Task 7 Services shall be performed one time 1 yr. $ $ each year during the working hours specified in the PWS.

Task 8 The contractor shall perform services on 12 mo. $ $ an as-needed basis (concurrently with

- 8 -

NIEHS Clinical Research Unit (CRU) Janitorial Services in accordance with the PWS Attachment 2

Option Year 2 GRAND TOTAL: $

CLIN 3001 Option Year 3 - 01 January 2019 - 31 December 2019

Item Supplies/Services Quantity Unit Unit Price Amount

Task 1 The contractor shall perform the services 12 mo. $ $ on a continuous basis during the operating hours of the Institute, Monday-Friday, exclusive of Federal holidays.

Task 2 Services shall be performed daily on a 24 12 mo. $ $ hour period, outside of the operating hours of the Institute, Monday-Friday, exclusive of Federal holidays.

Task 3 Services shall be performed twice each 12 mo. $ $ week during the normal working hours of the Institute except as noted in the PWS.

Task 4 Services shall be performed one time each 12 mo. $ $ month outside of the normal working hours of the Institute.

Task 5 Services shall be performed quarterly 4 qtr. $ $ outside of the normal working hours of the Institute.

Task 6 Services shall be performed semi- 2 semi-annual $ $ annually during the working hours specified in the PWS.

Task 7 Services shall be performed one time 1 yr. $ $ each year during the working hours specified in the PWS.

Task 8 The contractor shall perform services on 12 mo. $ $ an as-needed basis (concurrently with the accomplishment of Task 1 and 2) in accordance with the PWS.

Task 9 The contractor shall perform the services on an on-call bases in accordance with the PWS.

Estimated

A. Cleaning Interstitial (Modules C-F) 315,945 Sq Ft. $ $

B. Services for Special Events 240 Hrs. $ $

Task 10 The contractor shall perform 12 mo. $ $ NIEHS Clinical Research Unit (CRU)

- 9 -

Janitorial Services in accordance with the PWS Attachment 2

Option Year 3 GRAND TOTAL: $

CLIN 4001 Option Year 4 - 01 January 2020 - 31 December 2020

Item Supplies/Services

Task 1 The contractor shall perform the services

Quantity Unit

12 mo.

Unit Price Amount on a continuous basis during the operating hours of the Institute, Monday-Friday, exclusive of Federal holidays.

Task 2 Services shall be performed daily on a 24 12 mo. $ $ hour period, outside of the operating hours of the Institute, Monday-Friday, exclusive of Federal holidays.

Task 3 Services shall be performed twice each 12 mo. $ $ week during the normal working hours of the Institute except as noted in the PWS.

Task 4 Services shall be performed one time each 12 mo. $ $ month outside of the normal working hours of the Institute.

Task 5 Services shall be performed quarterly 4 qtr. $ $ outside of the normal working hours of the Institute.

Task 6 Services shall be performed semi- 2 semi-annual $ $ annually during the working hours specified in the PWS.

Task 7 Services shall be performed one time 1 yr. $ $ each year during the working hours specified in the PWS.

Task 8 The contractor shall perform services on 12 mo. $ $ an as-needed basis (concurrently with the accomplishment of Task 1 and 2) in accordance with the PWS.

Task 9 The contractor shall perform the services on an on-call bases in accordance with the PWS.

Estimated

A. Cleaning Interstitial (Modules C-F) 315,945 Sq Ft.$ $

B. Services for Special Events 240 Hrs. $ $

- 10 -

Task 10 The contractor shall perform 12 mo.$ $ NIEHS Clinical Research Unit (CRU)

Janitorial Services in accordance with the PWS Attachment 2

Option Year 4 GRAND TOTAL: $

Base GRAND TOTAL: $

Option Year 1 GRAND TOTAL: $

Option Year 2 GRAND TOTAL: $

Option Year 3 GRAND TOTAL: $

Option Year 4 GRAND TOTAL: $

GRAND TOTAL Base and Option Years: $

- 11 -

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

See Attachment 1 Section J.

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SECTION D - PACKAGING, MARKING AND SHIPPING

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

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SECTION E - INSPECTION AND ACCEPTANCE

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

- 14 -

SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. PERIOD OF PERFORMANCE

The period of performance of this contract shall be from 07/01/2016 through 12/31/2020.

ARTICLE F.2. PERIOD OF PERFORMANCE:

The base period of performance of this contract shall be from July 1, 2016 through December 31, 2016.

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

LINE ITEM Period Line Item 0001 Base Line Item 1001 Option 1

Duration July 1, 2016 through December 31, 2016 Janua ry 1, 2017 through December 31, 2017

Line Item 2001 Option 2 Line Item 3001 Option 3 Line Item 4001 Option 4

January 1, 2018 through December 31, 2018 January 1, 2019 through December 31, 2019 January 1, 2020 through December 31, 2020

The Government's regular (normal) working hours are from 8:00am to 5:00pm, Mondays through Fridays except:

(a) Federal Holidays listed below; and, (b) other days specifically designated by the Contracting Officer.

New Year's Day Labor Day Martin Luther King's Birthday Columbus Day Presidents Day Veterans Day Memorial Day Thanksgiving Day Independence Day Christmas Day

Work at any other time including holidays must be scheduled and requested fifteen (15) calendar days in advance for approval, approved in writing by the Government Project Officer. Tie-ins to existing utilities and services shall be performed during designated Contractor’s working hours.

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SECTION G - CONTRACT ADMINISTRATION DATA

G.1.1 Contract Officer (CO)

The Contracting Officer for this contract is:

Name: Joshua Blow Phone Number: 919-541-3764 Email: joshua.blow@nih.gov

Only the Contracting Officer has authority to: (1) increase or decrease the contract amount through a written modification; (2) direct or negotiate any changes; (3) modify or extend the period of performance; (4) change the schedule of completion; (5) authorize payment under this contract; (6) otherwise modify any terms or conditions of this contract.

G.1.2 Contracting Officer's Technical Representative (COTR)/Project Officer (PO)

The Contracting Officer's Technical Representative (COTR)/Project officer (PO) for this contract is:

Name: Ronald McMillan Phone Number: 919-541-7838 E-Mail: ron.mcmillan@nih.gov

The COTR/PO is responsible for: (1) monitoring the contractor's process including surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements:

(2) interpreting scope of work; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required b y this contract; and (5) assisting the contractor in resolution of technical problems encountered during performance.

For guidance from the COTR/PO to be valid, it shall: (1) be consistent with the description of work set forth in this contract; (2) not constitute new assignment of work or changes to the expressed terms, conditions, or specifications incorporated into this subcontract; (3) not constitute a basis for an extension to the period of performance or contract completion schedule; and (4) not constitute a basis for any increase in the contract price.

G.2.1 Personnel Requirements:

G.2.2 Personnel and Supervision: The Contractor shall furnish supervisory, administrative, and direct personnel to accomplish all work required. The Contractor may not hire persons whose employment would result in a conflict with NIEHS' Rules While on Institute Property.

Adequate and competent supervision shall be provided for all work performed by the Contractor's employees to ensure performance and accomplishment in accordance with this specification. Supervisory tasks shall include, but not be limited to, the following representative types of activities:

G.2.2.1 Providing an adequate labor force.

G.2.2.2 Training personnel to properly perform their work.

G.2.2.3 Providing access to areas otherwise secured or restricted.

G.2.2.4 Preventing general carelessness in cleaning operations, and instructing employees to abide by safety rules and regulations.

mailto:joshua.blow@nih.gov mailto:ron.mcmillan@nih.gov

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G.2.2.5 Preventing wasteful practices in connection with Government-furnished utilities.

G.2.2.6 Insuring appropriate employee attire and identification.

G.2.2.7 Instructing employees in all campus policies such as no-smoking, parking, traffic, security, etc.

G.2.3 Key Personnel: A resume is required for any designated key personnel.

The contract shall provide and maintain in the spaces below, the names and phone numbers of key personnel. The personnel shall be reachable by phone during working hours. When contractor's first available key personnel selection becomes unavailable to render services, the contractor is responsible for providing a back-up with equal or greater knowledge and experience in the field of the work to be performed in the statement of objectives covered above as covered under this contract.

NAME PHONE NUMBER E-MAIL ADDRESS

1. . .

2. . .

3. . .

4. . .

HHSAR 352.242-70 Key Personnel (December 18, 2015) The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

(End of clause)

The following are considered key personnel and are required at all times throughout the contract period:

On Site Project Manager Assistant (Alternate) Project Manager Quality Control Representative

Written notification shall be submitted in advance of absences such as vacations, scheduled medical absences, training, or other required absences. Included in the notification will be the replacement person and duration of the absence. This position must be manned with qualified personnel at all times.

G.2.4 Controlled Entry: The NIEHS Campus Facility is secured by a card reader security system. All employees must use an identification card/key to obtain access to the work place. The Contractor shall comply with all NIEHS site security policies.

G.2.5 Uniforms and Contractor Provided Identification: All Contractor employees shall be clearly identifiable no later than the time specified by the Project Officer or otherwise, no

- 17 -later than ten working days from the date a new employee starts work. At a minimum, identifiable information shall include the Contractor's name, easily identifiable and the contractors' employee name.

G.2.6 Damages Caused by the Contractor: The Contractor shall be held accountable and liable to the Government for any damages to Government facilities, fixtures, furnishings, equipment, or grounds caused by the Contractor or its employees due to negligence.

G.2.7 Emergency Work: The Contractor shall respond to emergency calls occurring during and after the contractor's regular work hours, including evenings, weekends, and holidays.

INVOICING INSTRUCTIONS

A. SEND ORIGINAL INVOICES SIMULTANEOUSLY TO THE FOLLOWING ADDRESSES:

1. Email to: ORFOAInvoice3Way@mail.nih.gov (Note: Do not send e-mail correspondence to this address)

2. Mail to: National Institutes of Health 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

B. CHECKING THE STATUS OF INVOICES

1. Vendors may check the status of their invoice in the following ways:

a. IPPCustomerSupport@fms.treas.gov (Registration is required)

b. Call the Chief, Accounts Payable Section, OFM (301) 496-6088

C. HOW TO EMAIL IN THE INVOICE TO OFFICE OF ACQUISITIONS

NOTE: VENDORS MUST ALSO MAIL AN ORIGNAL TO THE OFFICE OF FINANCIAL MANAGEMENT

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

2. Save your invoice attachment in the following format: YourVendorName_Invoice number (e.g., if your Vendor name is AE Construction Inc. and you are submitting Invoice 123456, Save your invoice attachment as 'AEConstruction_Invoice 123456')

Note: Please do not use special characters such as (#$%*&!) when saving your attachment.

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

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

D. INVOICE REQUIREMENTS

1. Name and Address of the Vendor (use information from Line #7 of OF 347) mailto:ORFOAInvoice3Way@mail.nih.gov mailto:IPPCustomerSupport@fms.treas.gov mailto:ORFOAInvoice3Way@mail.nih.gov mailto:ORFOAInvoice3Way@mail.nih.gov

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2. Name of the Office of Acquisitions (Office of Research Facilities)

3. Invoice Date

4. Unique Invoice Number which can only be used one time regardless of the number of contracts or orders held by an organization (or business unit identified by a separate DUNS or DUNS+4 number), regardless if the invoices are being issued out of separate locations

5. NIH contract award number and, if applicable, order number and modification number

6. Requisition Number, Line Item number

7. Vendor Identification Number (VIN)

8. Identify " 3- Way Match"

9. Contracting Officer's name

10. Project Officer's name

11. Description, quantity, unit of measure, unit price, and extended unit price of supplies or services. Use the exact description from the contract, otherwise payment may be delayed or rejected

12. Name and mailing address for payment purposes. Use the ACH information on record.

13. Name, title, telephone number, and mailing address of person to be notified in the event of a defective invoice

14. DUNS number or DUNS+4 that identifies the Contractor's name and address exactly as stated on the face page of the contract.

15. Schedule of Values (for construction projects)

16. Work Request Number

17. Include other documents as required by contract

18. If the invoice is the final invoice, mark "final invoice"

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H. INSURANCE REQUIREMENTS

Evidence of insurance is to be provided to the address below before notice to proceed on contract can be issued:

National Institute of Health, ORF Office of Acquisitions (OA), Bldg. 102 S158C 111 T.W. Alexander Drive Research Triangle Park, NC 27709

H.1.1 Worker's Compensation and Employer's Liability:

The Contractor is required to comply with applicable Federal and State Worker's compensation and occupational disease statutes; however, notwithstanding the permissibility of deductibles under those statutes, occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy. Employer's liability coverage of at least $100,000 for each accident shall be required except in states with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers. Even though the laws of a State might allow a Contractor to be a non-subscriber to worker's compensation, the Contractor is required to carry and maintain worker's compensation insurance (without any deductibles) and employer's liability insurance. If occupational diseases are not covered under the worker's compensation policy, it shall be covered under the employer's liability section of the insurance policy. Employer's liability insurance coverage shall be as specified in paragraph A above.

H.1.2 General Liability Insurance:

General Liability insurance coverage written on the comprehensive form of policy is required in the amount of $500,000 per occurrence for bodily injury, $50,000 per occurrence for property damage.

CANCELLATION: Either the Government or the contractor may terminate this contract without cause. The Termination date will be effective 60 calendar days from the date on which the written termination notice is received.

Notice to terminate must be made by certified mail, return receipt requested, or by overnight delivery service provided that the service records the signature of the party to whom the notice was delivered. The contractor is responsible for full performance of the contract until the effective termination date. Cancellation of the contract shall be regarded as neither termination for cause nor termination for convenience. Cancellation will be at no cost to the Government and not subject to appeal either administratively or in any legal form.

H.1.3 Contractor Health and Safety Requirements (Service

Contracts) H1.3.1 Contractor Requirements

H.1.3.1.1 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.

H.1.3.1.2 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 OSHA10-hour Construction Industry Outreach class. The OSHA 30-hour course can be substituted forthe10-hour course.

H.1.3.1.2.1 Proof of completion may be demonstrated through either: 1) the presentation of a bonafide 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.

H.1.3.1.2.2 Any card with an issuance date more than 3 years shall not constitute proof of compliance with this requirement.

H.3.2.1.2.3 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 work site if the employee does not provide documentation of having completed such course by the fifteenth day after the date the employee is found to be in noncompliance.

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H .1.3.2.1.3 The contractor shall ensure prompt medical treatment is administered to any injured or ill person. During business hours (7:30 am -5:00 pm, M-F) contractor injuries and illnesses should MIFF be contact Health and Safety in the Rall Building at 919-541-3384.Injuries and illnesses other than first-aid treatment should be administered by third party provider.

H.1.3.1.3.1 In all cases, an injury or illness resulting from work under this contract shall be reported to the Occupational Medical Service, the NIH Project Officer and ORF Safety Officer within 24-hours of the incident.

H .1.3.2.1.4 Prior to commencing work, ensure that all contractor and subcontractor Supervisors at any tier have completed the NIH Safety Orientation to be held by the NIH at a time and location to be specified by the NIH, prior to commencing work. The time expended and any associated costs such as travel time, parking, and other expenses are to be borne by the contractor.

H.1.3.1.5 It is the responsibility of the contractor and subcontractor to contact the ORF Safety Officer to register each supervisor for orientation. Class registration must be scheduled at least 14-working days prior to the project start date, or the date that the supervisor is assigned to NIH. Contact the ORF Safety Officer at: 919-541-2947 for the orientation schedule.

H.1.3.1.6 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.

H.1.3.1.7 If it is determined there is "Imminent Danger" the contractor shall:

H .13.2.1.7.1 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.

H.1.3.2.1.7.2 Immediately notify the NIH Project Officer and then the ORF Safety Officer.

H.1.3.2.1.7.3 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.

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PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

Clauses Incorporated by Reference 52.203-3 Gratuities (Apr 1984) 52.203-12 Limitation on Payments to Certain Federal Transactions (Oct 2010) 52.204-4 Printed or Copied Double - Sided on Recycle Paper (May 2011) 52.204-7 Central Contractor Registration (Apr 2008) 52.208-9 Contractor Use of Mandatory Sources of Supply (May 2014) 52.209-2 Prohibition on Contracting with inverted Domestic Corporations - Representation (May 2011) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.227-14 Rights in Data - General (Dec 2007) 52.223-6 Drug-Free Workplace (May 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.232-1 Payments (Apr 1984) 52.232-8 Discounts for Prompt Payment (Feb 2002) 52.232-11 Extras (Apr 1984)52.232-17 Interest (Oct 2010) 52.232-23 Assignment of Claims (Jan 1986) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.242-13 Bankruptcy (Jul 1995) 52.242-15 Stop-Work Order (Aug 1989) 52.246-4 Inspection of Services (Aug 1996) 52.246-25 Limitation of Liability-Services (Feb 1997) Clauses Incorporated by Full Text 52.212-4 Contract Terms and Conditions-Commercial Items.

As prescribed in 12.301(b)(3), insert the following clause:

CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (MAY 2014)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine blowj2 Highlight blowj2 Highlight

- 22 -restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest

- 23 -rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

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(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American;

and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal http://www.acquisition.gov/

- 25 -instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or…