01._NIHOF2017154-Step_One_RFTP.pdf

- 1 -

SOLICITATION

SECTION A - SOLICITATION/CONTRACT FORM

1. Requisition or other Purchase Authority: FAR 14.5 - Two Step Sealed Bidding

2. Step One - Request for Technical Proposal (RFTP) Number:

NIHOF2017154

3. Issue Date:

May 9, 2017

4. Set Aside:

[X] No

[ ] Yes See Part IV Section L

5. Title : BUILDING 10 E-WING RENOVATION

6. ISSUED BY:

Office of Acquisitions, AECCB Office of Research Facilties National Institutes of Health 9000 Rockville Pike Building 13, Room 2E48 Bethesda, MD 20892-5711

7. SUBMIT OFFERS TO:

See Part III, Section L - 2.A.2 Authorized Official and Submission of Step One Technical Proposal of this Solicitation.

8. Step One Technical Proposals for furnishing the supplies and/or services in THE SCHEDULE will be received electronically via the electronic Contractor Proposal Submission (eCPS) website at http:// ecps.nih.gov until 2:00 pm local time on Tuesday, June 6, 2017 . Offers will be valid for 120 days unless a different period is specified by the Offeror on their cover page.

9. This solicitation requires delivery of Step One Technical Proposals as stated in Section L.2.A.2 - Authorized Offical Submission of Step One Techncal Proposal. IF YOUR TECHNICAL PROPOSAL IS NOT RECEIVED BY THE CONTRACTING OFFICER OR HIS DESIGNEE AT THE PLACE AND TIME SPECIFIED FOR THE OFFICE OF ACQUISITIONS, THEN IT WILL BE CONSIDERED LATE AND HANDLED IN ACCORDANCE WITH FAR 52.214-23 - LATE SUBMISSIONS, MODIFICATIONS, REVISIONS AND WITHDRAWALS OF

TECHNICAL PROPOSALS UNDER TWO-STEP SEALED BIDDING.

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

11. FOR INFORMATION CALL: Jamila A. Garrett, Contracting Officer

PHONE: 301-435-1611

e-MAIL: Jamila.Garrett@nih.gov

COLLECT CALLS WILL NOT BE ACCEPTED.

Jamila A. Garrett Contracting Officer Office of Acquisitions http://ecps.nih.gov http://ecps.nih.gov http://www.sam.gov

RFTP Number : NIHOF2017154

- 2 -

RFP TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION D - PACKAGING, MARKING AND SHIPPING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PART II - CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

SOLICITATION ATTACHMENTS

STEP ONE - REQUEST FOR TECHNICAL PROPOSAL (RFTP) ATTACHMENTS

STEP TWO - INVITATION FOR BID (IFB) ATTACHMENTS

INFORMATIONAL ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1. GENERAL INFORMATION

a. INSTRUCTIONS TO BIDDERS--COMPETITIVE ACQUISITION

b. NAICS CODE AND SIZE STANDARD

c. TYPE OF CONTRACT AND NUMBER OF AWARDS

d. PRE-PROPOSAL CONFERENCE

e. REQUESTS FOR INFORMATION

f. DRAWINGS AND SPECIFICATIONS

g. BRAND NAME OR EQUAL

h. COMMITMENT OF PUBLIC FUNDS

i. PROMOTING EFFICIENT SPENDING

j. COMMUNICATIONS PRIOR TO CONTRACT AWARD

k. RELEASE OF INFORMATION

l. PREPARATION COSTS

m. SERVICE OF PROTEST

2. INSTRUCTIONS TO OFFERORS

a. GENERAL INSTRUCTIONS

1. Contract Type and General Clauses

2. Authorized Official and Submission of Step One Technical Proposal and Step Two Invitation For Bid (IFB) Submission

4. Separation of Step One Technical Proposal and and Step Two Invitation For Bid (IFB) Submission

5. Evaluation of Proposals

6. Past Performance Information

- 3 -

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

8. Solicitation Provisions Incorporated by Reference, FAR 52.252-1

9. Solicitation Provisions Incorporated by Reference, Subpart 14.201-6

b. STEP ONE - TECHNICAL PROPOSAL INSTRUCTIONS

1. STEP ONE MANDATORY QUALIFICATION CRITERIA

2. INSTRUCTIONS FOR SUBMITTING TECHNICAL INFORMATION UNDER STEP ONE

SIMILAR PROJECT DEFINITION

FACTOR A – OFFEROR’S EXPERIENCE

FACTOR B – OFFEROR'S KEY PERSONNEL

FACTOR C – OFFEROR'S MANAGEMENT PLAN

FACTOR D - OFFEROR'S PAST PERFORMANCE

c. STEP TWO - BUSINESS PROPOSAL INSTRUCTIONS

1. BID BOND

2. BID PRICING

3. SMALL BUSINESS SUBCONTRACTING PLAN

4. OTHER ADMINISTRATIVE DATA

SECTION M - STEP ONE - REQUEST FOR TECHNICAL PROPOSAL EVALUATION FACTORS FOR

AWARD

1. GENERAL

2. IMPORTANCE OF EVALUATION CRITERIA

3. MANDATORY QUALIFICATION CRITERIA

4. EVALUATION CRITERIA

5. STEP ONE EVALUATION FACTORS A - D

6. DISCUSSIONS / CLARIFICATIONS

7. STEP TWO - INVITATION FOR BID (IFB) PRICE EVALUATION

- 4 -

PART I - THE SCHEDULE

THE INFORMATION SET FORTH IN SECTION A - SOLICITATION/CONTRACT FORM, HEREIN CONTAINS IMPORTANT INFORMATION FOR ANY OFFEROR INTERESTED IN RESPONDING TO THIS SOLICITATION.

ANY CONTRACT RESULTING FROM THIS SOLICITATION WILL INCLUDE IN ITS SECTION A - SOLICITATION/ CONTRACT FORM, ACCOUNTING, APPROPRIATION AND GENERAL INFORMATION APPLICABLE TO THE

CONTRACT AWARD.

THE CONTRACT SCHEDULE SET FORTH IN SECTIONS B THROUGH H, HEREIN, CONTAINS CONTRACTUAL INFORMATION PERTINENT TO THIS SOLICITATION. IT IS NOT AN EXACT REPRESENTATION OF THE CONTRACT DOCUMENT THAT WILL BE AWARDED AS A RESULT OF THIS SOLICITATION. THE CONTRACT COST OR PRICE AND OTHER CONTRACTUAL PROVISIONS PERTINENT TO THE OFFEROR (i.e., those relating to the organizational structure [e.g., Non-Profit, Commercial] and specific cost authorizations unique to the Offeror's proposal and requiring Contracting Officer Prior Approval) WILL BE DISCUSSED IN THE NEGOTIATION PROCESS AND WILL BE INCLUDED IN THE RESULTANT CONTRACT. THE ENCLOSED CONTRACT SCHEDULE IS

INTENDED TO PROVIDE THE OFFEROR WITH THE NECESSARY INFORMATION TO UNDERSTAND THE

TERMS AND CONDITIONS OF THE RESULTANT CONTRACT.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN FAR 14.5 - TWO STEP SEALED BIDDING, THIS IS

STEP ONE - THE REQUEST FOR TECHNICAL PROPOSAL.

THE CONTRACT SCHEDULE SET FORTH IN SECTION B, HEREIN, CONTAINS CONTRACTUAL INFORMATION

PERTINENT TO THIS SOLICITATION AND IS PROVIDED FOR INFORMATION ONLY.

DO NOT SUBMIT A BID OR ANY ASSOCIATED SUPPORTING BUSINESS INFORMATION AT THIS TIME. STEP

TWO ACCEPTABLE CONTRACTORS HAVE NOT BEEN IDENTIFIED.

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The E-Wing Renovation project is the large scale, multi-level renovation of spaces in the east central wing of Building 10, or the Clinical Center Complex, on the NIH Bethesda, Maryland campus into a modern Bio-Medical Laboratory Research facility.

The renovation includes the conversion of approximately 250,000 GSF of former patient care and laboratory areas on floors B2 through 13 into highly specialized laboratories, laboratory support spaces, laboratory offices and teaching facilities. Additionally, the renovation also includes relocation of the Clinical Center’s Division of Transfusion Medicine (DTM) as well as construction of a new cGMP (current Good Manufacturing Practices) laboratory in full compliance of the Food and Drug Administration (FDA) guidelines and requirements for operational certification.

ARTICLE B.2. STEP TWO BID PRICE SUMMARY AND BACKUP INFORMATION

THE FOLLOWING ARTICLE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. DO NOT SUBMIT A BID

OR ANY ASSOCIATED BUSINESS INFORMATION AT THIS TIME.

The Offeror's bid must contain sufficient information to allow the Government to perform a basic analysis of the proposed price of the work.

Offeror shall submit complete bid pricing information utlizing the Government's templates, provided in a Microsoft Excel format (see PART III, SECTION J, Bid Price Summary and Backup Information).

1. Bid Price Summary

The Offeror's bid pricing summary shall follow the format of Table B1 - Bid Price Summary.

- 5 -

IMPORTANT NOTE - The cGMP lab requirements will be finalized and issued to the successful Offeror after the contract award. A pre-populated Not-to-Exceed allowance for pricing is included in the Table B.1 - Bid Price Summary template. The amount of the allowance is not the final price for the cGMP work. The final price will be based on the negotiated Contractor's proposal to incorporate the work of the cGMP into the project.

All bidders shall include this fixed allowance amount as shown on the Table B.1 - Bid Price Summary template in their bid. The cGMP allowance amount shall not be changed or re-located within the Bid Price Summary template. Any remaining funds from this allowance shall be deobligated from the contract once the Government and the successful Contractor have negotiated the cGMP task.

[Note - this allowance amount is the same for all Acceptable Proposal Bidders in Step Two.]

[Note - the successful Contractor shall format their cGMP price proposal in the Table B.1 format after they recieve the Architect's Supplemental Instructions (ASI) from the A/E.]

Table B.1 - Bid Price Summary

Bid Pricing Summary

DIV. #:* ITEM

DESCRIPTION

(A)

MATERIALS

(B)

LABOR

(C) = (A) + (B)

SUBTOTAL

COST

(D)

SUB-

CONTRACTOR

COSTS

(E) = (C) + (D)

TOTAL COST

cGMP NTE Allowance - Work included in the cGMP Allowance as described in the construction documents

$ $ $20,000,000.00 $ $20,000,000.00

SUBTOTAL - 1: $ $ $

OVERHEAD (% * subtotal 1 (C)) :

(INSERT %) $

SUBTOTAL- 2

(subtotal 1 (C) + overhead):

PROFIT (% * subtotal 2): (INSERT %) $ SUBTOTAL - 3 (subtotal 2 + profit):

TOTAL SUBCONTRACTOR COSTS (subtotal 1 (D)):

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

PERFORMANCE / PAYMENT BOND: $

TOTAL CONTRACT PRICE (subtotal 4 + bond):

- 6 -

2. Bid Pricing Backup Information

The Offeror's bid pricing backup information shall follow the format of Table B2 - Bid Pricing Backup Information. The Offeror's bid pricing information shall include burdened labor, material, and subcontractor costs, overheads, and profit.

Table B.2 - Bid Pricing Backup Information

Bid Pricing Backup Information

DIV. #:* DIVISION

DESCRIPTION:

QUANTITY MATERIALS LABOR

(A) No. Units

(B) Unit Meas.

(C) $ Per Unit

(D) =

(A) *(C)

Subtotal

(E) $ Per Unit

(F) =

(A) * (E) Subtotal

ITEM # PRIME

WORK

ITEMS

(G) =

(D) + (F)

TOTAL

ITEM

COST

1 $ $ $ $ $ 2 $ $ $ $ $ 3 $ $ $ $ $ 4 $ $ $ $ $ 5 $ $ $ $ $ 6 $ $ $ $ $ 7 $ $ $ $ $ 8 $ $ $ $ $ 9 $ $ $ $ $ 10 $ $ $ $ $

1 - PRIME SUBTOTAL: $ $ $

QUANTITY MATERIALS LABORSUBCONTRACTOR(S)

WORK ITEMS*

(Provide separate back-up for each subcontractor listed)

(A) No. Units

(B) Unit Meas.

(C) $ Per Unit

(D) =

(A) *(C)

Subtotal

(E) $ Per Unit

(F) =

(A) * (E) Subtotal

(G) =

(D) + (F)

TOTAL

ITEM

COST

1 $ $ $ 2 $ $ $ 3 $ $ $

2 - SUBCONTRACTOR SUBTOTAL: $ $ $

3 - PRIME OVERHEAD ON SUBCONTRACTOR (% * Subcontractor

(G)):

(INSERT)% $

4 - SUBTOTAL (SUM 2 + 3): $

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

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

TOTAL DIVISION (SUM 1 + 6): $

ARTICLE B.3. PRICES/COSTS

THE FOLLOWING ARTICLE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. DO NOT SUBMIT A BID

OR ANY ASSOCIATED BUSINESS INFORMATION AT THIS TIME.

The final contract will contain the price/cost provisions agreed upon by the Government and the Offeror.

ARTICLE B.4. PRICES

THE FOLLOWING ARTICLE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. DO NOT SUBMIT A BID

OR ANY ASSOCIATED BUSINESS INFORMATION AT THIS TIME.

- 7 -

a. The total fixed price of this contract is $ .

b. Upon delivery and acceptance of the services described in SECTION C of this contract and identified in the schedule of charges below, the Government shall pay to the Contractor the unit price(s) set forth below:

Schedule of Charges

DIV. #:* ITEM

DESCRIPTION

(A)

MATERIALS

(B)

LABOR

(C) = (A) + (B)

SUBTOTAL

COST

(D)

SUB-

CONTRACTOR

COSTS

(E) = (C) + (D)

TOTAL COST

cGMP NTE ALLOWANCE

- Work included in the cGMP Allowance as described in the construction documents

$ $ $20,000,000.00$ $20,000,000.00

SUBTOTAL - 1: $ $ $

OVERHEAD (% * subtotal 1 (C)) :

(INSERT %)

SUBTOTAL- 2

(subtotal 1 (C) + overhead):

PROFIT (% * subtotal 2): (INSERT %) $ SUBTOTAL - 3 (subtotal 2 + profit):

TOTAL SUBCONTRACTOR COSTS

(subtotal 1 (D)):

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

PERFORMANCE / PAYMENT BOND: $

TOTAL CONTRACT PRICE (subtotal 4 + bond):

ARTICLE B.5. ADVANCE UNDERSTANDINGS

THE FOLLOWING ARTICLE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. DO NOT SUBMIT A BID

OR ANY ASSOCIATED BUSINESS INFORMATION AT THIS TIME.

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

- 8 -

1. Requirement for Small Business Subcontracting Plans

The Contractor shall require Subcontractors to submit subcontracting plans and comply with HHS Subcontracting goals if the estimated cost of the subcontract may exceed $1,500,000.00 (small businesses are excluded).

2. Travel

In the event the Government determines that travel is necessary and required in the execution of the work and the travel costs are authorized by the Contracting Officer, all domestic travel costs associated with the project on behalf of the Government shall be in accordance with Federal Travel Regulations (FTR). The FTR is the regulation contained in 41 Code of Federal Regulations (CFR), Chapters 300 through 304, that implements statutory requirements and Executive branch policies for travel by federal civilian employees and others authorized to travel at government expense.

3. Field Office anad Staging

In accordance with Section C - Statement of Work, it is understood that the Government will make available for the Contractor's use, office and staging space within the vacated E-Wing of Building 10. As construction progresses, the Contractor shall be responsible for relocating the field office, as required, to another un-renovated location(s) within the limits of work.

- 9 -

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. STATEMENT OF WORK

a. Independently and not as an agent of the Government, the Contractor shall be required to furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the Statement of Work, dated January 27, 2017, attached hereto and made a part of this Solicitation (See SECTION J - List of Attachments).

ARTICLE C.2. REPORTING REQUIREMENTS

All reports required herein shall be submitted in electronic format.

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

If the COR or CO requests paper/hardcopy documents/reports submitted under this contract, documents shall be printed or copied, double-sided, on at least 30 percent post consumer fiber paper, whenever practicable, in accordance with FAR 4.302(b). Hardcop(ies) shall be considered paid for by the Government in the Contractor's base pricing.

a. Technical Progress Reports

In addition to the required reports set forth elsewhere in this Schedule, the preparation and submission of regularly recurring Technical Progress Reports will be required in any contract resulting from this solicitation.

These reports will require descriptive information about the activities undertaken during the reporting period and will require information about planned activities for future reporting periods.

The following lists the progress reports that are required as a deliverable under the contract, including the frequency, number of copies, and to whom / where it is to be submitted.

1. MONTHLY PROGRESS REPORT

The Contractor's Monthly Progress Report shall be submitted with Contractor's Payment Application (Invoice) and in accordance with SECTION G - Invoice Submissions contract requirements.

The report shall be submitted electronically, in Adobe Portable Document Format (PDF) on or before the 15th calendar day following each reporting period to the CO, with COR, Architect/Engineer (A/E) and Construction Quality Manager (CQM) on cc distribution.

The Monthly Progress Report shall be typewritten with 12 point fonts, 1" top and bottom and 1" side margins, single spaced, and sequentially paginated. Charts, schedules, tables and/or matrices shall be legible in all required copies.

The Contractor shall coordinate with the COR, CQM and A/E to assure report accuracy prior to issuance.

The Monthly Progress Report shall describe the Contractor's monthly work progress in terms of Budget, Quality, and Schedule.

All sections / attachments of the Monthly Progress Report shall align with the Contractor's pay application date (E.g. the Schedule Status update period shall align with the pay application's period of performance).

http://www.hhs.gov/web/508/index.html

- 10 -

The Report shall address as a minimum:

1. Executive Summary (Overview)

2. Summary Schedule Status

• The Contractor's approved Cost-Loaded CPM Construction Schedule updated as of the end of the report period, with analysis including:

o Milestone Summary - comparison between the Master Schedule milestones with current schedule milestones, with the actual dates of accomplishment.

o Schedule Summary - narrative addressing unexplained slippages, out of sequence work, erroneous schedule logic, critical path activities and progress, concerns regarding activity status, and/or failure to make progress, etc.

o Potential schedule problems and recommended solutions.

3. 1-Month Look-Ahead, indicating major planned activities to be performed in the next reporting month.

4. Updated Risk Mitigation Plan

5. Utilities Shut-Down Request Summary Log

6. Updated Sustainable & LEED Compliance Log

7. Constructor's Earned Value Analysis

• Percentage of construction in place, planned and actual

8. Summary Budget Status

• Approved changes to the contract during the reporting period and to-date

• Potential changes to the contract pending

• Updated Proposed/Change Order Summary Logs, including ASI 's

• Long-Lead Items Procurement and Delivery Log

9. Summary Quality Report, including:

• Inspection Report, with listing of deficiencies and omissions

• RFI & Submittal Summary Logs capturing totals initiated, in-progress, outstanding and/or completed during the reporting period and to-date.

• Non-Conformances Notices (NCNs) capturing quantities, status and turn-around times during the reporting period and to-date.

10. Summary of Outstanding Problems/ Issues

• Description of Problems / Issues that arose, are awaiting resolution and/or were closed during the reporting period including a summary of decisions, if any, reached to date.

11. Summary Safety Report, including:

• On-site Safety Meetings

• Safety Incidents / Deficiencies / Injuries

- 11 -

• Safety Inspections

• Completed and Scheduled Safety Training

12. Summary Sub-Contracting Goals Status

• Actual percentages set aside values as compared to contractual set aside goals.

13. Site Progress Photographs (Labeled and Dated)

14. Progress Meeting Minutes for the reporting period, (inclusive of safety and trade coordination meetings.)

2. BI-WEEKLY PROGRESS MEETING MINUTES

The Contractor shall schedule bi-weekly progress meetings with the Government and shall provide minutes of what was discussed at each meeting. Minutes shall be submitted electronically to the CO, COR, A/E and CQM within three (3) working days of the each bi-weekly progress meeting.

b. Other Reports/Deliverables

The following lists Other Reports required under the Contract Documents.

1. CONTRACTOR QUALITY CONTROL PLAN

The Contractor shall submit a Quality Control Plan (QCP) electronically to the CO, with copy to the COR, conforming to the requirements of the Construction Documents within thirty (30) calendar days of Phase 1 Notice to Proceed.

Unless otherwise directed in the construction documents or by the CO, the QCP shall be typewritten with 12 point fonts, 1" top and bottom and 1" side margins, single spaced, and sequentially paginated.

Charts, schedules, tables and/or matrices shall be legible in all required copies.

The QCP shall include a description of the Contractor's methods and procedures for ensuring that the Constructor's QC program is being effectively implemented and that all work is in compliance with the contract requirements. The QCP shall include:

1. The Contractor's procedures to identify, prevent, and ensure non-recurrence of defective workmanship.

2. A description of the Contractor's internal controls to insure that its procedures are effective in performing the construction contract.

3. A description of the Contractor's internal controls for assuring completeness, technical accuracy, and quality of project documentation, (i.e. reports, logs, red-lined/ marked-up as-built drawings).

2. INFORMATION SECURITY AND PHYSICAL ACCESS REPORTING REQUIREMENTS

The Contractor shall submit the following reports as required by the INFORMATION AND PHYSICAL ACCESS SECURITY Article in SECTION H of this contract.

a. Reporting of New and Departing Employees

- 12 -

The Contractor shall notify the Contracting Officer's Representative (COR) and Contracting Officer within five working days of staffing changes for positions that require suitability determinations as follows:

1. New Employees who have or will have access to HHS Information systems or data:

a. Provide the name, position title, e-mail address, and phone number of the new employee.

b. Provide the name, position title and suitability level held by the former incumbent.

If the employee is filling a new position, provide a description of the position and the Government will determine the appropriate security level.

2. Departing Employees:

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

b. Perform and document the actions identified in the "Employee Separation Checklist" when a Contractor/Subcontractor employee terminates work under this contract. This form is located at:

https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/Emp-sep-checklist.pdf. All documentation shall be made available to the COR and/or Contracting Officer.

3. SITE SPECIFIC ACCIDENT PREVENTION PLAN

In accordance with SECTION H - HEALTH AND SAFETY REQUIREMENTS, the Contractor shall submit the following deliverables to the NIH Contracting Officer, NIH Contracting Officer Representative and DOHS Safety Officer ( safety@nih.gov).

All deliverables shall be submitted by email prior to the commencement of work activities. The deliverables must be in either MS Word or Adobe Acrobat format. Deliverables shall include:

• Contractor's signed and dated Affirmation of NIH Contractor Safety Deliverables form

• The site specific accident prevention plan completed in accordance with the Army Corps of Engineers Safety Manual (including activity hazard analysis worksheets).

• Copies of appropriate OSHA 10-hour training certification (i.e. general industry or construction) for on-site personnel.

• The Contractor Safety Assessment Program certification ( https:// www.constructsecure.com/nih) for contractor and each sub-contractor.

• The curriculum vitae (a.k.a. resume) of the assigned Contractor Safety Officer to oversee the contract operations.

4. SECURITY PLAN

The Contractor and all subcontractor's personnel will observe and adhere to all NIH security regulations and requirements when using or providing services on the NIH property. The Contractor shall be responsible for subcontractor compliance and include specific provisions in all subcontracts that these regulations be accepted.

Within fourteen (14) calendar days of contract award, in accordance with SECTION H - SECURITY, the Contractor shall submit a contract specific Contractor Security Plan. The Plan shall include a list mailto:safety@nih.gov https://www.constructsecure.com/nih

- 13 -of all employees, subcontractors and their employees, and others who will perform work or otherwise require access to NIH and the project site.

• Personnel shall be listed in alphabetical order by company.

• The list shall include the full name, social security number, date and place of birth, citizenship and, where applicable, visa status for each individual.

5. CONTRACTOR PROJECT TRAFFIC PARKING MITIGATION PLAN

With fourteen (14) calendar days of NTP and in accordance with SECTION H - PARKING MITIGATION PLAN, the Contractor shall submit electronically for approval by the COR a Parking Mitigation Plan showing the measures to control and manage parking of their personnel including but not limited to management personnel, construction labor and subcontractor personnel during the performance of the work.

The Parking Mitigation Plan shall be a living document, updated at six-month intervals, to reflect the actual number of subcontractors using satellite parking, public transportation as well as report occurrences of parking not consistent with the Parking Plan. When revisions are made, submit updated plans to the COR, and other NIH project-related personnel as directed by the COR.

6. CONTRACTOR TRAVEL POLICY

Within thirty (30) calendar days of Phase 1 Notice to Proceed, the Contractor shall submit their (and any proposed first Tier subcontractor) written travel policy to the Contracting Officer and Contracting Officer's Representative.

If the Contractor (and any first tier subcontractor) does not have a written travel policy, the Contractor shall so state in writing.

- 14 -

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.

- 15 -

SECTION E - INSPECTION AND ACCEPTANCE

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

b. For the purpose of this SECTION, is the authorized representative of the Contracting Officer.

c. Inspection and acceptance will be performed at:

NATIONAL INSTITUTES OF HEALTH

DIVISION OF DESIGN AND CONSTRUCTION MANAGEMENT

BUILDING 13, ROOM 2W48D

9000 ROCKVILLE PIKE

BETHESDA, MD 20892-5711

Or at a location specified by the Contracting Officer's Representative

Acceptance may be presumed unless otherwise indicated in writing by the Contracting Officer or the duly authorized representative within 30 calendar days of receipt.

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

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

FAR Clause 52.246-13, Dismantling, Demolition, or Removal of Improvements (August 1996)

- 16 -

SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. PERIOD OF PERFORMANCE

1. Phase 1 (Pre-Construction) Notice to Proceed (NTP) shall be issued in writing within ten (10) calendar days of contract award and receipt of all bonds.

2. The Contractor shall be required to commence Phase 1 work under this contract within one (1) calendar day after the date the Contractor receives the Phase 1 Notice to Proceed.

3. Phase 2 NTP shall not be issued until Phase 1 has been accepted by the Government.

4. The Contractor shall be required to commence Phase 2 work under this contract within one (1) calendar day after the date the Contractor receives the Phase 2 Notice to Proceed.

5. The Contractor shall complete the entire Phase 2 work no later than April 30, 2021. The time stated for completion shall include final cleanup of the premises.

ARTICLE F.2. DELIVERIES

a. Satisfactory performance of this contract shall be deemed to occur upon performance of the work described in the Article in SECTION C of this contract and upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the Services specified in the Delivery Schedule which are described in SECTION C of this contract.

b. Deliveries required by the Contractor shall be made to the address/addressee listed below:

Delivery Address

National Institutes of Health, Office of Research Facilities

9000 Rockville Pike, Bethesda, MD 20892

c. The items specified below as described in the REPORTING REQUIREMENTS Article in SECTION C of this contract will be required to be delivered in accordance with and by the date(s) specified below:

Item Description Quantity Delivery Schedule

(1) MONTHLY PROGRESS

REPORT

1 (ELECTRONIC)

The Monthly Progress Report shall accompany the Contractor's monthly application for payment (Invoice). Reports shall be due on or before the 15th calendar day following each reporting period.

(2) BI-WEEKLY PROGRESS

MEETING(S) MINUTES

1 (ELECTRONIC) The Contractor shall submit Bi-weekly Progress Meeting minutes within three (3) working days of each progress meeting.

(3) CONTRACTOR QUALITY

CONTROL PLAN

1 (ELECTRONIC) The Contractor's Quality Control Plan shall be submitted for review and approval within 30 calendar days of Phase 1 NTP

- 17 -

Item Description Quantity Delivery Schedule

(4) NEW AND DEPARTING

EMPLOYEES REPORTS

1 (ELECTRONIC) Within 10 working days of contract award, the Contractor shall notify the CO and COR of employees that will require suitability determinations under this contract.

Thereafter, within 5 working days of any new staffing, the Contractor shall notify the COR of positions that require suitability determinations.

Similarly, within 5 working days, the Contractor shall perform and document the actions identified in the the "Employee Separation Checklist" when an employee terminates work under this contract.

(5) SITE SPECIFIC

ACCIDENT PREVENTION

PLAN

1 (ELECTRONIC) The Contractor's Site Specific Accident Prevention Plan shall be submitted for review and approval within 60 calendar days of Phase 1 NTP and prior to the commencement of any work activities in Phase 2 - Construction.

(6) CONTRACTOR

SECURITY PLAN

1 (ELECTRONIC) The Contractor's Security Plan shall be submitted within 14 calendar days of Phase 1 NTP

(7) CONTRACTOR PROJECT

TRAFFIC PARKING

MITIGATION PLAN

1 (ELECTRONIC) A Parking Mitigation Plan shall be submitted within 14 calendar days of Phase

1 NTP

(8) CONTRACTOR TRAVEL

POLICY

1 (ELECTRONIC) The Contractor's Travel Policy shall be submitted within 30 calendar days of Phase 1 NTP.

d. The above items shall be addressed and delivered to:

Addressee Deliverable Item No Quantity

COR 1, 2, 3, 4, 5, 6, 7, & 8 1 (ELECTRONIC)

Jamila Garrett, CO 1, 2, 3, 4, 5, 6, 7 & 8 1 (ELECTRONIC) A/E (Perkins + Will) 1, 2, 3 1 (ELECTRONIC)

CQM (TBD) 1, 2, 3, 4, 5, 6, 7 & 8 1 (ELECTRONIC)

- 18 -

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

1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:

52.242-14, Suspension of Work (April 1984)

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

52.211-12, Liquidated Damages--Construction (September 2000).

"(a) If the Contractor fails to deliver the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $ 12,325.00 for each calendar day of delay until the work is completed or accepted."

https://www.acquisition.gov/?q=browsefar

- 19 -

SECTION G - CONTRACT ADMINISTRATION DATA

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

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

TBD

Office of Research Facilities Division of Design and Construction Management (DDCM) Building 13, Room 2W48D 9000 Rockville Pike Bethesda, MD 20892

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

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

The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) otherwise change any terms and conditions of this contract; or (6) sign written licensing agreements. Any signed agreement shall be incorporated by reference in Section K of the contract

The Government may unilaterally change its COR designation.

ARTICLE G.2. KEY PERSONNEL, HHSAR 352.237-75 (December 2015)

The key personnel specified in this contract are considered to be essential to work performance detailed herein.

These individuals are defined as "Key Personnel" and are those persons submitted in the CQM'S Proposal and whose resumes are marked by the Offeror as "Key Personnel".

1. Acceptance and Qualifications of Key Personnel

a. Acceptance - The CO shall accept or reject personnel proposed by the Contractor. The Contractor shall make a timely and prompt resubmittal to provide other personnel required to replace any that are rejected by the CO, both at initial submittal or any subsequent rejection or substitution of personnel.

b. Removal of Employee - The CO shall have the right to direct the Contractor to remove any Contractor employee at any time during the duration of this contract if that employee is deemed to not be of the level of competence or ability required under the contract, or if said employee is for any other reason found to be unsuitable for the work. In such case, the Contractor shall promptly remove the personnel and submit the name and qualifications of a replacement.

c. Further Documentation - The CO shall have the right to ask any employee submitted for approval to provide further evidence or documentation of ability or suitability for their intended position by submission of additional work examples or evidence, oral interview or testing, or other appropriate means to determine qualifications based on the COR's review of documents.

d. The contract may be amended from time to time during the course of the contract to either add or delete key personnel, as appropriate.

- 20 -

2. Changes In Key Personnel

a. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer.

b. In the event that any of the Key Personnel named in the proposal is unable to perform because of death, illness, resignation from the Contractor's employ, or similar reasons, the Contractor shall immediately fill that position with temporary qualified staff familiar with the project and position responsibilities. Within fourteen (14) business days, submit to the CO, in writing, the name and qualifications of a proposed permanent replacement. No permanent substitution shall be made without the prior written approval of the CO. Any such approved substitutions shall be made at no increase in the contract price.

c. 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.

d. If the CO directs removal from the contract any personnel performing service necessary for accomplishment of the performance requirements of this contract, the Contractor shall promptly replace such personnel with a qualified staff member acceptable to the CO, at no change in the contract price.

3. Failure To Provide Qualified Personnel

Repeated failure or excessive delay by the Contractor to provide personnel that meet the stated requirements and are acceptable to the Government to perform the services contracted for may be deemed sufficient reason by the CO to terminate the work under this contract in whole or in part, which termination shall be provided in the Termination Clause of the Contract.

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

Name Title

Project Executive

Project Manager

Quality Control (QC) Manager

Safety Officer / Representative(s) (Safety Competent Person)

Superintendent

Laboratory Planner/Coordinator

MEP Coordinator

BIM Manager

Estimator

Scheduler

LEED Coordinator

- 21 -

ARTICLE G.3. EQUITABLE ADJUSTMENTS DUE TO CHANGES

a. The Contractor shall submit a proposal for all changes in the work within 30 calendar days from date of the change or request for change order proposal. With each proposal for a change involving an increase or decrease in the amount of the contract, the Contractor shall submit separately an itemized breakdown that will include but not be limited to the following:

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

2. Labor Costs (Separate into labor classifications and hourly rates as set forth in the accepted Pricing for Changes Worksheet submitted with the Contractor's bid)

3. Construction Equipment

4. Workmen's Compensation

5. Overhead

6. Profit

7. Employment taxes under FICA, FUTA and SUTA

8. Bond (Prime Contractor only)

9. Direct Performance Time of Change

10. Impact on Schedule, if any.

11. Impact Costs, if any.

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

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

d. Proposals and breakdown should be submitted as promptly as possible, but in no event later than 30 days.

e. All proposals shall be submitted in accordance with the requirements of FAR 15.404. Should a proposal cost exceed $750,000 for a change, certified cost or pricing data should be submitted on SF1411 in a format which satisfies the requirements of FAR 15.403-5. When certified cost or pricing data are required, the contractor shall submit an executed Certificate of Current Cost or Pricing Data as soon as practicable after price agreement is reached.

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

1. No percentages for overhead and profit shall be allowed on FICA, FUTA or SUTA.

2.The percentages for overhead to be allowed by NIH may vary according to the nature, extent, and complexity of work involved, but in no case shall exceed the following:

- 22 -

The percentages of overhead to be allowed by the Contracting Officer shall not exceed 10% for all contract changes performed by Prime contractor personnel and 5% for all contract change work performed by Subcontract personnel.

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

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

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

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

4. The Contractor's proposed change order percentages for overhead and profit shall be the lesser of either the original base award overhead and profit percentages or the overhead and profit percentages indicated in item 2 and 3 above.

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

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

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

h. Any proposal for delay and impact costs that is not submitted within 60 days after completion of the work identified in the change will not be considered. This requirement is in addition to the scheduling updates required for construction of the project. If there are circumstances which prevent the contractor from ascertaining delay for impact during this time, a status update, including but not limited to a critical path analysis, shall be submitted within this time and at 60 day intervals thereafter, explaining why the contractor cannot yet know the extent of the impact. If this is not done, a claim for delay will not be considered unless special circumstances are shown. This requirement is necessary to enable the government to respond to any claims for delay in light of conditions then current.

ARTICLE G.4. INVOICE SUBMISSION

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

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

1. Review and Submission of Draft Invoices

YES NO

[ X ] [ ] (Check if submission of draft invoice(s) is applicable to the work.)

a) The Contractor shall electronically submit a copy of the draft invoice to the following addresses:

COR: TBD

- 23 -

NIH CQM identified in this contract (as applicable): TBD

b) After the draft invoice is reviewed, the COR will send comments to the Contractor.

c) If there are comments, the Contractor will review the comments, make appropriate changes, and submit the revised draft invoice to the COR and NIH CQM (as applicable).

d) Within three (3) working days, the COR will email the Contractor concurrence with the revised draft invoice as submitted.

e) Upon receipt of the COR's concurrence, the Contractor shall submit the payment request in accordance with the following instructions.

2. Payment requests shall be simultaneously submitted to the offices identified below.

Submit supporting documentation with your payment request unless directed otherwise by the Contracting Officer.

a) The original invoice shall be submitted by mail to the following designated billing office:

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

b) Central Point of Distribution: https://ORFOAInvoice3Way@mail.nih.gov

The Contractor shall submit an electronic copy of the payment request to the Central Point of Distribution mailbox at: ORFOAInvoice3Way@mail.nih.gov with the NIH CQM identified in this contract added to the email distribution (i.e. CC line).

1. The payment request, (inclusive of the invoice and backup documentation), shall be transmitted as ONE attachment in Adobe Portable Document Format (PDF), not to exceed 30MB, to the e-mail address noted above.

2. Only one payment request shall be submitted per email; the subject line of the e-mail shall include the Contractor's name, contract number, and unique invoice number. (E.g., if your Vendor name is 'AE Construction Inc.' and your contract number is HHSN2921234 and you are submitting Invoice '123456', the email subject line shall state 'AE Construction HHSN2921234 Invoice 123456').

3. The payment request PDF attachment shall be named using the same nomenclature as the email subject line. (E.g., if your Vendor name is 'AE Construction Inc.' and your contract number is HHSN2921234 and you are submitting Invoice '123456', the PDF attachment shall be named 'AEConstruction_HHSN2921234_Invoice 123456').

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

c) The contractor will receive an automated email reply confirming that the Invoice intake processing center received the invoice for processing. If an email confirmation notification is not received within 24 hours, it indicates that the invoice was not received for processing. In which case, double check:

mailto:ORFOAInvoice3Way@mail.nih.gov

- 24 -

1. The invoice email contained the scanned attachment to the invoice; and,

2. The invoice was sent to the email addresses above.

Only resend an invoice if an email confirmation has not been received within 24 hours.

3. In addition to the requirements specified in FAR 32.905 for a proper invoice, the Contractor shall include the following information on the face page of all payment requests:

a. Name of the Office of Acquisitions. The Office of Acquisitions for this contract is Office of Research Facilities.

b. Federal Taxpayer Identification Number (TIN). If the Contractor does not have a valid TIN, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note:

A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.

c. DUNS or DUNS+4 Number. The DUNS number must identify the Contractor's name and address exactly as stated in the contract and as registered in the Central Contractor Registration (CCR) database. If the Contractor does not have a valid DUNS number, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note:

A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.

d. Invoice Matching Option. This contract requires a three-way match.

e. Unique Invoice Number. Each payment request must be identified by a unique invoice number, which can only be used one time regardless of the number of contracts or orders held by an organization.

f. The Contract Title is:

Building 10 E-Wing Renovation

g. Contract Line Items as follows:

LINE ITEM # LINE ITEM DESCRIPTION

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

ARTICLE G.5. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS, FAR 52.232-40 (December 2013)

a. Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

- 25 -

b. The acceleration of payments under this clause does not provide any new rights under the prompt Payment Act.

c. Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of Clause)

ARTICLE G.6. GOVERNMENT PROPERTY

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

ARTICLE G.7. ON-SITE CONTRACTOR ACCESS TO GOVERNMENT PROPERTY

The Contractor shall be held responsible for Government Property, regardless of dollar value, when:

• The contract requires contractor personnel to be located on a Government site or installation;

• The property utilized by contractor personnel is incidental to the place of performance; and,

• The property used by the contractor remains accountable to the Government

Responsibility…