Section_L_-_Revision_2.pdf

RFP Number : NIHOF2016102

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SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1. GENERAL INFORMATION

a. INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION [FAR Provision 52.215-1 (Jan 2017)]

(a) Definitions. As used in this provision- "Discussions" are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

"In writing," "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

"Proposal modification" is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

"Proposal revision" is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

"Time," if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show-

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

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(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall-

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

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(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

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

Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program. Proposals received from others will be considered non-responsive.

This procurement is being solicited to 8(a) firms that have a Certificate of Existence or Certificate of Authority on file with the North Carolina - Secretary of State. This is a requirement to perform work in the State of North Carolina. Only North Carolina District Office Participants or 8(a) firms that have been reviewed by the North Carolina District Office and approved as having a Bonafide Office in the State of North Carolina are eligible to respond to this solicitation. An 8(a) firm that proposes as a Bonafide Office must maintain their Bonafide Office eligibility for the life of the contract.

c. NAICS CODE AND SIZE STANDARD

Note: The following information is to be used by the offeror in preparing its Representations and Certifications (See Section K of this RFP), specifically in completing the provision entitled, SMALL BUSINESS PROGRAM REPRESENTATION, FAR Clause 52.219-1.

1. The North American Industry Classification System (NAICS) code for this acquisition is 236220.

2. The small business size standard is $36,500,000.

d. TYPE OF CONTRACT AND NUMBER OF AWARDS

1. It is anticipated that multiple awards will be made from this solicitation and that the awards will be made on/ about 08/14/2017.

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2. It is anticipated that the awards from this solicitation will be IDIQ contracts awarded under an overarching Multiple Award Task Order Contract (MATOC) with a Period of Performance of a Base Year and Four (4) one-year option periods.

e. PRE-PROPOSAL CONFERENCE

A pre-proposal conference will be held with prospective offerors at 10:00 AM on 04/18/2017 at the National Institute of Environmental Health Science in Research Triangle Park, NC - 111 T.W. Alexander Drive, Research Triangle Park, NC. The following link includes driving directions http://www.niehs.nih.gov/about/visiting/. GPS directions typically do not work when utilizing the official address, so prospective offerors are recommended to follow the driving directions included in the link.

Prospective offerors are required to pre-register with individual names and company name. Each prospective offeror will be allowed a maximum of three (3) representatives. Prospective offerors shall provide the list of no more than 3 representatives by COB Friday 04/14/16 via email to Mr. Daniel Burk at daniel.burk@nih.gov. The subject of the e-mail should be "MATOC Pre-Proposal Conference Representatives".

Each prospective offeror representative will be required to have a valid photo ID. It will take approximately 30 minutes to go through security for a prospective offeror that does not already have a NIH badge, so any prospective offerors that do not already have a badge should arrive by 9:30 AM. Prospective offerors will meet in Building 101, Conference Room Rodbell C.

The pre-proposal conference will be held for the purpose of providing information concerning the Government's requirements which may be helpful in the preparation of proposals and for answering any questions which prospective offerors have regarding this solicitation. Additionally, it will act as the initial site visit for all task orders included in the solicitation. A second site visit date and time will be provided via amendment. These will be the only two times prospective offerors will be allowed to visit the locations of the task orders included in the solicitation.

The success of this type of conference depends largely on the lead-time available to the Government for research in connection with questions submitted by offerors. Therefore, you are requested to e-mail written questions concerning any areas of uncertainty which, in your opinion, require clarification or correction, in sufficient time to be received on or before 04/12/2017 to Mr. Daniel Burk at daniel.burk@nih.gov.

The subject of the e-mail should be "MATOC Pre-proposal Conference Questions" A set of all questions and answers will be furnished simultaneously to all prospective offerors whether or not they are in attendance.

Attendance at the pre-proposal conference is recommended; however, attendance is not a prerequisite for proposal submission and will not be considered a factor in proposal evaluation.

f. BRAND NAME OR EQUAL, [FAR Provision 52.211-6 (Aug 1999)]

a. If an item in a Task Order Request for Proposal (TORFP) is identified as "brand name or equal,'' the purchase description will reflect the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal'' products must meet are specified in the solicitation.

b. To be considered for award, offers of "equal'' products, including "equal'' products of the brand name manufacturer, must:

a. Meet the salient physical, functional, or performance characteristic specified in this solicitation;

b. Clearly identify the item by--

i. Brand name, if any; and

ii. Make or model number;

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3. Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

4. Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

c. The Contracting Officer will evaluate "equal'' products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

d. Unless the offeror clearly indicates in its offer that the product being offered is an "equal'' product, the offeror shall provide the brand name product referenced in the solicitation.

(End of Provision)

g. COMMITMENT OF PUBLIC FUNDS

The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with the proposed procurement. Any other commitment, either explicit or implied, is invalid.

h. COMMUNICATIONS PRIOR TO CONTRACT AWARD

Offerors shall direct all communications to the attention of the Contracting Officer cited on the face page of this solicitation. Communications with other officials may compromise the competitiveness of this acquisition and result in cancellation of the requirement or rejection of an individual proposal.

i. RELEASE OF INFORMATION

Contract selection and award information will be disclosed to offerors in accordance with regulations applicable to negotiated acquisition. Prompt written notice will be given to unsuccessful offerors as they are eliminated from the competition, and to all offerors following award.

j. PREPARATION COSTS

This RFP does not commit the Government to pay for the preparation and submission of a proposal.

k. FAR Clause 52.222-5, Construction Wage Rate Requirements - Secondary Site of the Work (May 2014)

(a)

(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)

(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

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(End of Provision)

l. SERVICE OF PROTEST (SEPTEMBER 2006) - FAR 52.233-2

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Daniel F. Burk Contracting Officer 111 T.W. Alexander Drive Research Triangle Park, NC 27709 Building 102, Room S158B

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

m. FAR Clause 52.236-27, Site Visit (Construction) (Feb 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, on individual task orders, contractors will be urged and expected to inspect the site where the work will be performed.

(b) Site visits will be arranged on individual task orders.

(End of Provision)

2. INSTRUCTIONS TO OFFERORS

a. GENERAL INSTRUCTIONS

INTRODUCTION

The following instructions will establish the acceptable minimum requirements for the format and contents of proposals. Special attention is directed to the requirements for proposals to be submitted in accordance with these instructions.

1. Contract Type and General Clauses

It is contemplated that an IDIQ type contract will be awarded. (See General Information) Any resultant contract shall include the clauses applicable to the selected offeror's organization and type of contract awarded as required by Public Law, Executive Order, or acquisition regulations in effect at the time of execution of the proposed contract.

2. Authorized Official and Submission of Proposal

a. The proposal must be signed by an official authorized to bind your organization and must stipulate that it is predicated upon all the terms and conditions of this RFP. Any deviation from any requirement of this RFP shall be clearly identified.

b. Proposals must be submitted as follows:

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Volume Title Copies Maximum Page Limitation 1 Past Performance 6 4 pages per Past Performance Information Sheet* 2 Management Plan 6 25 pages ** 3 Price and Administrative 2 No Page Limit ***

* Page count excludes completed Subcontractor/Teaming Partner Consent Forms and client authorization letters.

** Minimum one line spacing. A maximum of two (2) fold out pages, maximum size 11 inches by 17 inches may be included. The resumes and Submittal Registers required for Factor 2 are exempt from the above page count and line spacing. In addition, cover page, table of contents, list(s) of tables, drawings and illustrations, blank pages, and divider tabs are excluded from the page count.

All resumes must not exceed two portrait format, 8 ½ by 11 inch pages. The resume may be single spaced. Minimum font size is 12 point with proportional spacing permitted. Margins on all four edges of each page must be at least one inch.

*** Provide only price information in this volume. NOTE: Submission of more data than required by the price proposal instructions, Public Law, and/or FAR may hinder the evaluation of the price proposal.

c. Page Set-Up/Font Size/Lines on Page. Only 8 ½ X 11 inch, portrait format pages are acceptable for text-oriented material. Landscape pages are permitted for charts or graphs. Text font must be Times New Roman (preferred) or Arial (with no "narrow" font versions acceptable). Font size must be 12 point with proportional spacing permitted, with the exception that the Cost Volume must have a minimum font size of 10. Type size for figures and tables must be no smaller than 8 point with proportional spacing permitted. Text may be wrapped around figures and tables. Margins on all four

(4) edges of each page must be at least 1 inch. Include: RFP number, volume and/or subdirectory title, and page number in the margin on the upper right of all pages. Single spacing may be used for figures and tables. Company name and proprietary information notices must be placed in top and/or bottom margins. Use single column formatting only; multi-column formatting is not allowed. Graphics are allowed in either color or B&W with an 8 point minimum on embedded text except where data is only being used as a sample and readability is not intended. Proposals must not be supplemented by a package or supplemented by reference documents. In accordance with (IAW) FAR 4.302 offerors shall submit their offer on double-sided paper containing at least 30 percent postconsumer fiber.

d. Proposals will be checked to determine the number of pages and compliance with proposal instructions. Those pages in excess of the limit will be removed starting from the back of the proposal volume and returned by the Government to ensure that they are not evaluated. The Government will not keep any pages in excess of the limit.

e. Deviations. Deviations from these instructions will be reviewed by the Contracting Officer to ensure that no offeror receives a competitive advantage. Deviations resulting in a competitive advantage for an offeror will result in the proposal being determined noncompliant with the RFP requirements. Offerors unconditionally assume the risk that a clear quantitative deviation will be deemed qualitatively advantageous to the Offeror and determined noncompliant with the RFP.

f. Disposition of Unsuccessful Proposals. IAW FAR Subpart 4.8, Government Contract Files, the Government will retain one copy of all unsuccessful proposals. Unless the Offeror requires otherwise, the Government will destroy extra copies of unsuccessful proposals.

g. Page Numbering. Pages in each volume must be numbered sequentially and consecutively. The cover page, table of contents, list(s) of tables, drawings and illustrations, blank pages, and divider tabs are excluded from the page count.

h. Proposal Delivery. Proposals must be hand delivered or mailed to arrive at the following address no later than 4:30 PM local time on the proposal due date identified in the solicitation and any subsequent amendments:

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National Institutes of Health ATTN: Mr. Daniel F. Burk, Contracting Officer 111 T.W. Alexander Drive Research Triangle Park, NC 27709

3. Volume 1 - Past Performance and Experience

a. Volume Submission. Submit a present and past performance volume, containing the following:

1. Table of Contents

2. Consent Letter executed by each subcontractor, teaming partner, and/or joint venture partner, authorizing release of adverse past performance information so the offeror can respond to such information.

3. Experience Summary Sheet in accordance with Attachment L1 - see paragraph d below

4. Project Performance Information Sheets in accordance with Attachment L2 - see paragraph d below

5. Past Performance Questionnaires in accordance with Attachment L3 - see paragraph e below

6. Organizational Structure Change History - see paragraph f below

b. Consent Letter. Provide a letter of consent by each subcontractor, teaming partner, and/or joint venture partner, authorizing release of adverse past performance information so the Offeror can respond to such information.

c. Past Performance Summary. Submit a list of no more than 10 (ten) construction or design-build contracts/negotiated agreements/task or delivery orders (herein referred to as contract citations) you consider most recent and most relevant in demonstrating your ability to perform the efforts identified in the SOW. If submitting a proposal as a Joint Venture or any other type of teaming arrangement with 2 or 3 team members, the offeror shall submit at least three (3) contract citations for each team member and no more than 10 contract citations for the team in total. If there are more than three team members in the Joint Venture or other type of teaming arrangement, the offeror shall submit three (3) contract citations for each team member (e.g. if there were 4 team members the offeror would submit a total of 12 contract citations). Past performance of any major subcontractor who is not identified as a legal teaming partner will NOT be evaluated and should not be included. Past and present work for each legal partner shall be documented using Attachment L1.

d. Project Performance Information. Submit project information on EACH contract citation listed on your Experience Summary Sheet (Attachment L1). As a minimum, the project information sheet should include the type of contract, a summary of the work performed, the relative complexity of the work, and relevancy to this solicitation. Limit information for each project to one (1) page, single-spaced and 10 pt. font. Include rationale supporting your assertion of relevance. Specifically, relevancy will consider similar types of effort, complexities, and scope within the SOW and evaluation factors. For a description of the characteristics or aspects the Government will consider in determining relevance, see Section M, Factor 1. It is important to specifically describe the work that each individual joint venture entity, teaming partner, or major subcontractor performed so the Government can conduct a meaningful Performance Confidence Assessment on the prime, teaming partners, joint venture partners, and each major subcontractor.

e. Past Performance Questionnaire. Submit a past performance questionnaire (see Attachment L3) on all contracts identified as most relevant based on the Statement of Work. A copy of Part A, sent to the evaluator, shall be included in the Volume 1 submission. It is recommended that Offerors work with the respondent(s) for each contract citation to ensure that a completed Past Performance Questionnaire or a previously accepted contract performance evaluation (CPARS, etc) is received by the Government no later than the proposal due date.

f. Organizational Structure Change History. Many companies have acquired, been acquired by, or otherwise merged with other companies, and/or reorganized their divisions, business groups, subsidiary companies, etc. In many cases, these changes have taken place during the time of

- 88 -performance of relevant present or past efforts or between conclusion of recent past efforts and this source selection. As a result, it is sometimes difficult to determine what past performance is relevant to this acquisition. To facilitate this relevancy determination, include in this proposal volume a "roadmap" describing all such changes in the organization of your company, previous Joint Ventures your organization (or other team members) participated in, and any other relevant information. As part of this explanation, show how these changes impact the relevance of any efforts you identify for the past performance evaluation/Performance Confidence Assessment. Since the Government intends to consider past and present performance information provided by other sources as well as that provided by the Offerors. Your "roadmap" should be both specifically applicable to the efforts you identify and general enough to apply to efforts on which the Government receives information from other sources.

g. No Applicable Past Performance Information. If you have no recent or relevant past performance information, you should state so. The absence of any applicable past performance will be evaluated neither favorably nor unfavorably. However, the Government reserves the right to determine whether any applicable past performance information exists and is relevant, notwithstanding the alleged absence thereof by any Offeror.

Volume 2 - Management Plan

a. The Offeror shall provide a schedule for each task order included in the solicitation shown as calendar days after receipt of the Notice to Proceed. The schedule shall include, at a minimum, when all submittals will be provided, notifications to the Government/outages (as applicable), material acquisition, construction start time, critical path items, construction completion, final inspection, and when all closeout documentation will be provided.

b. The Offeror shall complete the attached submittal register for each task order included in the solicitation (Attachment L12, Attachment L13, Attachment L14, and Attachment L15). The Offeror shall fill in the column titled "SUBMITTAL PROVIDED BY CONTRACTOR IN CALENDAR DAYS AFTER RECEIPT OF NTP". For each submittal listed on the submittal register, the Offeror shall provide the number of calendar days after receipt of the Notice to Proceed that the Offeror will provide the initial submission of that submittal. The Offeror shall also fill in the column titled "REVIEW REQUIRED BY GOVERNMENT IN CALENDAR DAYS AFTER RECEIPT OF NTP". The Offeror shall incorporate the required review timeframes for the Government per Specification Section 01 33 00 at a minimum for each submittal listed on the submittal register. For proposal purposes, Offerors can assume that no Government holidays will occur during the Government review periods. The Offeror shall provide the completed submittal registers in Volume 2.

c. The Offeror shall provide their approach to managing a design-build project. The Offeror shall provide their approach to selecting an A/E firm for an individual design-build task order. The Offeror shall provide their approach for managing both the design portion and construction portion of a design-build task order, including how conflicts will be resolved.

d. The Offeror shall provide their approach to selecting subcontractors (other than the A/E subcontractor) including the rationale for selecting those subcontractors. The Offeror shall provide their approach for controlling subcontracts/subcontractors and provide a copy of the standard subcontract that will be utilized on subcontracts under the MATOC. The Offeror shall provide their approach for identifying subcontractors that need to be replaced as well as how they will be replaced.

The Offeror shall provide the process that will be utilized to evaluate subcontractor performance on MATOC task orders during the period of performance and after the work is completed. The Offeror shall provide their approach for determining whether a subcontractor will be utilized on future task orders under the MATOC.

e. The Offeror shall provide their approach for managing company resources including staffing. This includes, at a minimum, addressing what steps will be taken to identify issues that may potentially lead to the Offeror not meeting the schedule established at time of award of any individual task order, or any combination of task orders. Additionally, this shall include how and when the Government will be notified that they may not meet the schedule along with what steps the Offeror will take to

- 89 -ensure the task order(s) will be completed on time (without the need for a time extension) and at no additional cost to the Government. Additionally,the Offeror shall provide their approach for staffing each project adequately and what steps will be taken if it is determined those staffing needs are not being met. The Offeror shall provide their approach to managing multiple task orders that have overlapping periods of performance, including simultaneous or similar completion dates, particularly when a project starts to fall behind the latest version of the schedule. The Offeror shall address their process to ensure the Project Manager and Project Superintendent(s) are not overcommitted and have adequate time to perform their duties on each individual task order, particularly in the event that multiple task orders are being done simultaneously. The Offeror shall provide a resume for the Project Manager and for all Project Superintendents.

f. The Offeror shall provide a Sustainable Acquisition Plan. This plan shall describe the approach and quality assurance mechanisms for applying FAR 23.1, Sustainable Acquisition Policy, along with the approach to comply with relevant environmental laws and regulations to acquire supplies and services that promote energy and water efficiency as well as advancing the use of renewable energy products. Specifically, the Offeror's plan shall address their use of the following types of products or processes throughout the life of the contract: Recycled Content, Energy Efficient, Biobased, Environmentally Preferable, Electronic Product Environment Assessment Tool, Water-Efficient, Non- Ozone Depleting Substances, and Alternative Fuel Vehicle and Alternative Fuels.

Volume 3 - Price and Administrative

a. Price

1. Price Reasonableness and Price Realism. The prices provided by the Offeror will be evaluated for price reasonableness and price realism. Note that unrealistically low or high proposed costs or prices, initially or subsequently, may be grounds for eliminating a proposal from competition either on the basis that the Offeror does not understand the requirement or has made an unrealistic proposal.

Offers should be sufficiently detailed to demonstrate their reasonableness and realism. The burden of proof for credibility of proposed prices rests with the Offeror.

2. Estimating Techniques and Methods. When responding to the Price Volume requirements in the solicitation, the Offeror and associated subcontractors may use any generally accepted estimating technique, including contemporary estimating methods (e.g. Cost-to-Cost and Cost-to-Non-Cost Estimating Relationships (CERs), commercially available parametric cost models, in-house developed parametric cost models), to develop their task order proposals.

3. Task Order Proposal Format. The Offeror shall utilize the format in Attachment "Task Order Pricing Template" when providing their price for each task order. The Offeror shall include their line item prices within each section of the individual Task Order Pricing Templates (Material, Equipment, Labor). If there is no cost for a section for any of the line items (e.g. no material cost) the Offeror shall put $0 for the total to make it clear that the Offeror did not forget to include an amount for a line item. The Offeror shall not add a column or line item for subcontract work. For any work that is to be subcontract work, the Offeror shall include the subcontract amount within the material, equipment, and labor sections of the Task Order Pricing Template. The Government reserves the right to award each individual task order at the initial proposed price by the Offeror. The Offeror understands that if the contract is awarded without discussions and the contractor is selected to perform the task order, they will perform the task order at the proposed price. Therefore, the total price for each individual task order shall be the actual amount that the contractor shall perform the work associated with the task order. In the event the Offeror is awarded the task order, that task order will be evaluated for past performance on the resultant contract.

4. Cost or Pricing Information Requirements. It is anticipated that adequate price completion, as defined in FAR 15.403-1(c)(1), will exist. In accordance with FAR 15.403-1(b) and 15.403-3(a), information other than cost or pricing data may be required to support price reasonableness and realism. Information shall be provided in accordance with FAR 15.403-5. If, after receipt of proposals, the CO determines that there is insufficient information available to determine price reasonableness and none of the exceptions in FAR 15.403-1 apply, the Offeror shall be required to submit cost or

- 90 -pricing data. Should adequate price competition not exist after receipt of proposals, the provisions of FAR Part 15.403-4 shall apply, and the Offeror will be asked to provide certification of cost or pricing data.

5. Price Information. The task order proposals must contain sufficient information to allow the Government to perform a basic analysis of the proposed price of the work. This information shall include the amounts of the basic elements of the proposed price. These elements will include, as applicable, material, equipment, direct labor, management, overhead, general and administrative, and profit. Information beyond that required by this instruction shall not be submitted, unless you consider it essential to document or support your price position. All information relating to the proposed price including all required supporting documentation must be included in the section of the proposal designated as the Price volume. Under no circumstances shall this information and documentation be included elsewhere in the proposal.

6. Volume Organization. The Price volume shall consist of the following sections:

SECTION 1 Table of Contents

SECTION 2 Price Proposals for Task Orders

SECTION 3 Any additional information the Offeror deems necessary to establish their prices as fair and reasonable (see paragraph b. Administrative for minimum required information to be provided)

b. Adminstrative

1. Government Property

a. It is HHS policy that Contractors will provide all property necessary for contract performance.

Exception may be granted to provide Government property (Government-furnished or Contractor-acquired), but only when approved by the Contracting Officer. If the offeror requests that Government property be provided, other than that specified under "Government-Furnished Property" below, the proposal must include a comprehensive justification addressing the following items:

(1) State why the property is essential to contract performance and whether the property will be used exclusively for this contract.

(2) Describe other alternatives (e.g., purchase, lease, etc.) pursued and why they were not viable options.

b. The offeror shall identify Government property in its possession which it proposes to use in the performance of the prospective contract as follows:

(1) A list or description of all Government property that the offeror or its subcontractors propose to use on a rent-free basis. The list shall identify the accountable contract under which the property is held and the authorization for its use (from the Contracting Officer having cognizance of the property);

(2) The dates during which the property will be available for use (including the first, last, and all intervening months) and, for any property that will be used concurrently in performing two or more contracts, the amounts of the respective uses in sufficient detail to support prorating the rent;

(3) The amount of rent that would otherwise be charged in accordance with FAR 52.245-9, Use and Charges; and

(4) A description of the offeror's property management system, plan, and any customary commercial practices, voluntary consensus standards, or industry-leading practices and standards to be used in the offeror in managing Government property.

NOTE: The Contracting Officer will consider any potentially unfair competitive advantage that may result from an offeror or contractor possessing Government property. This will be done by adjusting the offers by applying, for evaluation purposes only, a rental equivalent evaluation factor, as specified in FAR 52.245-9.

c. If an offeror does not have any Government property in its possession, the offeror shall state so in the proposal.

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d. Government-Furnished Property will be identified on individual task orders.

The management and control of any Government property shall be in accordance with the HHS Publication entitled, "HHS Contracting Guide for Contract of Government Property," which can be found at: http://www.hhs.gov/hhsmanuals/logisticsmanual/Appendix Q_HHS Contracting Guide.pdf

2. Financial Capacity

The offeror shall indicate if it has the necessary financial capacity, working capital, and other resources to perform the contract without assistance from any outside source. If not, indicate the amount required and the anticipated source. The offeror shall provide documentation from their surety clearly identifying the bonding capacity for the offeror for a single task order and the aggregate total bonding capacity.

3. Subcontractors

If subcontractors are proposed, please include a commitment letter from all teaming partners and subcontractors detailing:

a. Willingness to perform as a subcontractor for specific duties (list duties).

b. What priority the work will be given and how it will relate to other work.

c. The amount of time and facilities available to this project.

4. Proposer's Annual Financial Report

A copy of the organization's most recent annual report must be submitted as part of the Administrative proposal within Volume 3.

5. Travel Policy

One copy of the offeror's (and any proposed subcontractor's) written travel policy shall be included in the Administrative proposal within Volume 3. If an offeror (or any proposed subcontractor) does not have a written travel policy, the offeror shall so state.

6. Travel Costs - Commercial

Costs for lodging, meals, and incidental expenses incurred by Contractor personnel shall be considered to be reasonable and allowable to the extent they do not exceed on a daily basis the per diem rates set forth in the Federal Travel Regulations, General Services Administration (GSA).

Therefore, if travel costs are applicable and proposed by offerors, please be advised that they shall be calculated using the per diem rate schedule as established by GSA. Reimbursement of travel costs under any contract awarded from this RFP shall be in accordance with FAR 31.205-46.

7. Representations and Certifications

Offerors shall complete the Representations and Certifications (Reps and Certs) in SAM (System for Award Management). If the Representations and Certifications have been accepted and are available via SAM, then the Offeror shall state as such in Volume 3 and a copy of the completed Representations and Certifications from Section K is not required. If the Representations and Certifications in SAM have not been approved at the time of the proposal due date so that the Government can access them, then either a copy of the completed Representations and Certifications from SAM or the completed Representations and Certifications from Section K shall be included in Volume 3.

4. Evaluation of Proposals

The Government will evaluate proposals in accordance with the factors set forth in PART IV, SECTION M of this RFP.

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5. Potential Award Without Discussions

a. The Government reserves the right to award a contract without discussions if the Contracting Officer determines that the initial prices are fair and reasonable and that discussions are not necessary.

b. If award will be made without conducting discussions, offerors may be given the opportunity to clarify certain aspects of their proposal (e.g., the relevance of an offeror's past performance information and adverse past performance information to which the offeror has not previously had an opportunity to respond) or to resolve minor or clerical errors.

c. If the Government intends to conduct discussions prior to awarding a contract, communications will be held with offerors whose past performance information is the determining factor preventing them from being placed within the competitive range. Such communications shall address adverse past performance information to which an offeror has not had a prior opportunity to respond. Also, communications may be held with any other offerors whose exclusion from, or inclusion in, the competitive range is uncertain.

d. Such communications shall not be used to cure proposal deficiencies or omissions that alter the technical or cost elements of the proposal, and/or otherwise revise the proposal, but may be considered in rating proposals for the purpose of establishing the competitive range.

e. The Contracting Officer will, in concert with program staff, decide which proposals are in the competitive range. The competitive range will be comprised of all of the most highly rated proposals.

The Government reserves the right to limit the number of proposals included in the competitive range to the greatest number that will permit an efficient competition. Oral or written discussions will be conducted with all offerors in the competitive range.

f. All aspects of the proposals are subject to discussions, including cost, technical approach, past performance, and contractual terms and conditions. At the conclusion of discussions, each offeror still in the competitive range shall be given an opportunity to submit a written Final Proposal Revision (FPR) with the reservation of the right to conduct finalization of details with the selected source in accordance with HHSAR 315.370.

g. The process described in FAR 15.101-1 will be employed, which permits the Government to make tradeoffs among cost or price and non-cost factors and to consider award to other than the lowest price offeror or other than the highest technically rated offeror.

6. Standards for Privacy of Individually Identifiable Health Information

The Department of Health and Human Services (DHHS) issued final modifications to the "Standards for Privacy of Individually Identifiable Health Information," the "Privacy Rule," on August 14, 2002.

The Privacy Rule is a federal regulation under the Health Insurance Portability and Accountability Act (HIPAA) of 1996 that governs the protection of individually identifiable health information and is administered and enforced by the DHHS Office for Civil Rights (OCR). Those who must comply with the Privacy Rule (classified under the Rule as "covered entities" must do so by April 14, 2003 (with the exception of small health plans which have an extra year to comply.

Decisions about the applicability and implementation of the Privacy Rule reside with the Contractor and his/her institution. The OCR Web site ( http://www.hhs.gov/ocr/) provides information of the Privacy Rule, including a complete Regulation Text and a set of decision tools on "Am I a covered entity?" Information on the impact of the HIPAA Privacy Rule on NIH processes involving the review, award, and administration of grants, cooperative agreements and contracts can be found at: http:// grants1.nih.gov/grants/guide/notice-files/NOT-OD-03-025.html.

7. Privacy Act - Treatment of Proposal Information

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The Privacy Act of 1974 (P.L. 93-579) requires that a Federal agency advise each individual whom it asks to supply information, the authority which authorizes the…