RFP_NIHOF2017155.pdf

Solicitation No.: NIHOF217155 NIH/RML IDIQ Construction, Design Build, Maintenance, Alteration and Repair Services

PART I--THE SCHEDULE

PART I – THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The National Institutes of Health (NIH) Office of Research Facilities' (ORF) is issuing this IDIQ solicitation for construction, design/build, renovation, maintenance, alterations and repair services.

Task orders will range in costs between $3,500.00 and $9 Million, for the following types of spaces:

a) General or highly specialized biomedical research laboratory spaces and all associated support areas to include vivarium facilities, Bio-safety level BSL-2, BSL-3, and BSL-4 laboratory.

b) General or highly specialized animal spaces and all associated support areas.

c) Office, administrative, public and all associated support areas.

d) Interior and exterior utility systems including chiller, generator, steam plants, and utility vaults, etc.

e) General Purpose areas such as paving, roofing, building exteriors, hardscaping, landscaping and utility efficiency upgrades to mechanical, electrical and architectural systems.

B.2. PRICES/COSTS

NIH/RML IDIQ construction, design/build, renovation, maintenance, alterations and repair services.

See Section J for the Table/Schedule of Rates for each general price/cost factors for the base period and each one-year option period thereafter.

a. This is a single Award Indefinite Quantity contract as contemplated by FAR 16.504. The Contractor shall be paid by the Government in an amount not less than a total of $3,500 (minimum) nor more than a total of $20 million (maximum) for successful performance of this contract.

b. The prices set forth in Section J will cover the contract period August 1, 2017 through July 31, 2022 (for the base award and all one-year options periods [if exercised]).

c. The Government will competitively negotiate and award Task Orders based on the work described in SECTION C of this contract.

d. Ordering procedures are described in The TASK ORDER PROCEDURE in SECTION G of this contract.

See the Bid Schedule attached at Section J, List of Documents, Exhibits, and Other Attachments.

B.3. OPTION PRICES

a. Unless the Government exercises its option pursuant to the option clause referenced in Section I, this solicitation/contract consists only of the Base Period specified in the Statement of Work, for the pricing set forth in Schedule B of this contract.

b. Pursuant to FAR Clause 52.217-9 Option to Extend the Term of the Contract set forth in Section I of this solicitation/contract, the Government may, by unilateral contract modification, require the Contractor to perform the Option Period(s) specified in Section F of this solicitation/contract. If the Government exercises these option(s), notice must be given before the expiration date of the contract.

SECTION C--DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1. STATEMENT OF WORK

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the work as contained in the construction specifications and drawings referenced in Section J, List of Documents, Exhibits and Other Attachments.

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, task order number and Contractor name. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.

SECTION E--INSPECTION AND ACCEPTANCE

The Government reserves the right to Inspection at any time.

The Contracting Officer or the duly authorized representative will inspect and accept materials, services and construction services to be delivered under the contract. Each individual Task Order will identify who will perform inspections. Inspection and acceptance will be performed on each Task Order.

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

__________www.acquisition.gov_________________

(End of clause)

FAR 52.246-4 Inspection of Services – Fixed Price (Aug 1996) FAR 52.246-12 Inspection of Construction (Aug 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1. DELIVERIES

Satisfactory performance of the contract shall be deemed to occur upon completion and acceptance by the Contracting Officer.

F.2. PERIOD OF PERFORMANCE

a. The base period of performance shall be from August 1, 2017 through July 31, 2018.

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

Option Option Period

One August 1, 2018 through July 31, 2019 Two August 1, 2019 through July 31, 2020 Three August 1, 2020 through July 31, 2021 Four August 1, 2021 through July 31, 2022

F.3. PERFORMANCE CLAUSES

FAR 52.252-2 Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es):

_________www.acquisition.gov___________________

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) (Alternate I)

(Apr 1984) FAR 52.211-18 Variation in Estimated Quantity (Apr 1984) FAR 52.242-14 Suspension of Work (APR 1984) FAR 52.242-15 Stop-Work Order (Aug 1989)

SECTION G--CONTRACT ADMINISTRATION DATA

G.1. PROJECT OFFICER

The Government's Project Officer(s) will be identified for this contract.

Mr. Jack Veldboom Office of Research Facilities Division of Design and Construction Project Management Bldg. A, Room 401 Hamilton, Montana, 59840 Office Phone: 406-363-9230

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

The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work/specifications; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract. (6) sign written license agreements.

The Government may unilaterally change its Project Officer designation.

G.2. KEY PERSONNEL (HHSAR 352.242-70 (December 18,2015))

The key personnel specified in this contract are considered essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the Contractor or Government.

(End of Clause)

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

CONTRACTOR CONTRACTOR’S A/E

Project Executive Project Executive Project Manager(s) Design Task Order/Project Manager QA/QC Manager BIM Coordinator Design Manager (for Design/Build) LEED Specialist

Construction Superintendent(s) Project Electrical Engineer Project Controls Project Mechanical Engineer BIM Coordinator Project Architect LEED & Waste Management Safety Officer

G.3 AWARD TASK ORDER PROCEDURES

This contract provides for the issuance of Task Orders as follows:

a. General

Only the Contracting Officer may issue Task Orders to the Contractor, providing specific authorization or direction to perform work within the scope of the contract and as specified in the Statement of Work/Construction Specifications & Drawings. Unless specifically authorized by the Contracting Officer, the Contractor shall not commence work until a fully executed Task Order has been awarded.

No other costs are authorized unless otherwise specified in the contract or expressly authorized by the Contracting Officer.

b. Requesting Task Order Proposals.

The Contracting Officer or a designated individual may solicit responses to requirements from the Contractor within a technical area covered by a task order requirement in writing. A Task Order Request for Proposals (TORFP) will be prepared and issued for each task order requirement.

Generally, the Task Order Request for Proposal (TORFP) will include but is not limited to the following:

1. Statement of Work;

2. Construction Specifications & Drawings

3. Reporting Requirements and Deliverables;

4. Proposal Due Date and Location to Deliver Proposals;

5. Period of Performance of Task Order;

6. Anticipated type of Task Order;

7. Technical Proposal Instructions;

8. Business proposal Instructions

9. Evaluation Factors for Award

All the appropriate contract clauses contained this contract shall be incorporated in the TORFP and the resultant task order. If conflicts exist between the contract clauses and the information outlined in the task order, the contract language takes precedence over the information in the task order. The Contractor is required to propose on all TORFPs.

c. Competitive Ordering Process.

1. The Contractor will receive e-mail notification advising of a TORFP for each proposed task order requirement. All proposed task orders will incorporate all appropriate terms of this contract unless otherwise specified in the proposed task order.

2. The Contractor will be provided an adequate time to prepare and submit responses based on the Contracting Officer's consideration of the estimated dollar value and complexity of proposed task order. Responses will be considered a proposal as defined in FAR Part 15. The Contractor shall however, provide information sufficient for consideration in accordance with FAR Part 16.

d. Evaluation and Award of Task Order Proposals

The Government will evaluate the Task Order proposals against the requirements of the TORFP. Specifically, the technical evaluation factors such as subcontractors, suppliers, technical approach, cost/price, and any other factor(s) specifically identified in the TORFP will be used for evaluation of each proposal.

Task Order proposals shall contain sufficient information to allow the Government to perform a basic analysis of the proposed cost or price of the work. This information shall include the amounts of the basic elements of the proposed cost or price. These elements shall include, as applicable, direct labor, fringe benefits, travel, material, subcontracts, purchase parts, shipping, indirect costs and rate, fee, and profit.

Information other than Cost or Pricing Data. (1) Information submitted shall consist of data to permit the Contracting Officer and authorized representatives to determine price reasonableness, e.g..., information to support an analysis of material cost (when sufficient information on labor and overhead rates is already available), or information on prices and quantities at which the offeror has previously sold the same or similar items.

Any information submitted must support the price proposed. Include sufficient detail or cross references to clearly establish the relationship of the information provided to the price proposed. Support any information provided by explanation or supporting rationale as needed to permit the Contracting Officer and authorized representatives to evaluate the documentation.

Prime Contractor Self-Performed Work. The Prime Contractor shall perform at least 12% of the work with his own staff, or shall not qualify for that task. To support this requirement the Contractor shall provide a Self- Performed Work calculation with each proposal.

e. Task Order Award

Upon completion of evaluations, the Contracting Officer will award a task order at a fair and reasonable price.

G.4. METHOD OF ORDERING

a. A Task/Delivery Order Number shall be given to you at the time the order is placed. The Contractor is cautioned not to accept an order unless a Task Order number has been assigned.

G.5. EQUITABLE ADJUSTMENTS DUE TO CHANGES

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

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

2. Labor Costs (Separate into labor classifications and hourly rates)

3. Construction Equipment

4. Workmen's Compensation

5. Overhead

6. Profit

7. Employment taxes under FICA, FUTA and SUTA

8. Bond (Prime Contractor only)

9. Sales Tax

10. Direct Performance Time of Change

11. Impact on Schedule, if any.

12. Impact Costs, if any.

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

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

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

e. All proposals shall be submitted in accordance with the requirements of FAR 15.8. Should a proposal cost exceed $700,000 for a change, certified cost or pricing data will be required to be submitted on a SF1411 in a format which satisfies the requirements of FAR 15.804-6. When certified cost or pricing data are required, the contractor shall submit an executed Certificate of Current Cost or Pricing Data as soon as practicable after price agreement is reached.

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

g. 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).

h. The burden is on the contractor to propose and justify to government the percentages paid on each modification to the award.

i. 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.

Solicitation No.: NIHOF2017155 NIH/RML IDIQ Construction, Design Build, Renovation, Alteration and Maintenance

G.6. INVOICE SUBMISSION

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

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

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

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

8675309-05R).

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

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

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

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

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

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

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

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

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

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

k. SEND ORIGINAL INVOICE TO EITHER OF THE FOLLOWING

ADDRESSES:

Email to: parrj@mail.nih.gov

Mail to: National Institutes of Health Office of Acquisitions 903 S. 4th Street, Bldg. T-23 Hamilton, MT 59840 mailto:parrj@mail.nih.gov

G.7. PAYMENT INQUIRIES

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

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

G.8. POST AWARD EVALUATION OF PAST PERFORMANCE

An interim and final evaluation of contractor performance shall be conducted on this contract in accordance with FAR 42.15. The final performance evaluation shall be completed at the time of completion of the contract. The final evaluation will be submitted to the Contractor as soon as practicable. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement. Contractors may access evaluations through a secure Web site for review and comment at the following address:

http://www.cpars.gov https://silk.nih.gov/adb/billpay http://www.cpars.gov/

SECTION H--SPECIAL CONTRACT REQUIREMENTS

FAR 52.252-2 Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

________www.acquisition.gov____________________

FAR 52.234-4 Earned Value Management System (Nov 2016) FAR 52.236-1 Performance of Work by the Contractor (Apr 1984) FAR 52.236-2 Differing Site Conditions (Apr 1984) FAR 52.236-3 Site Investigation and Conditions Affecting the Work

(Apr 1984) FAR 52.236-5 Material and Workmanship (Apr 1984) FAR 52.236-6 Superintendence by the Contractor (Apr 1984) FAR 52.236-7 Permits and Responsibilities (Nov 1991) FAR 52.236-8 Other Contracts (Apr 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) FAR 52.236-10 Operations and Storage Areas (Apr 1984) FAR 52.236-11 Use and Possession Prior to Completion (Apr 1984) FAR 52.236-12 Cleaning Up (Apr 1984) FAR 52.236-13 Accident Prevention (Nov 1991) FAR 52.236-14 Availability and Use of Utility Services (Apr 1984) FAR 52.236-15 Schedules for Construction Contracts (Apr 1984) FAR 52.236-16 Quantity Surveys (Apr 1984) FAR 52.236-17 Layout of Work (Apr 1984) FAR 52.236-21 Specifications and Drawings for Construction (Feb 1997) –

Alternate I (Apr 1984) FAR 52.236-22 Design Within Funding Limitations (Apr 1984) FAR 52.236-23 Responsibility of the Architect-Engineer Contractor (Apr

1984) FAR 52.236-24 Work Oversite in Architect-Engineer Contracts (Apr 1984) FAR 52.236-25 Requirements for Registration of Designers (Jun 2003)

H.1 WAGE RATES

The attached wage determination from the Secretary of Labor, see Section J, shall be incorporated in accordance with statutes for labor standards requirements for contracts over $2,000.00 involving construction. General Decision Number: MT170061 dated 01/27/2017.

H.2. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE

Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in NIH funded programs is encouraged to report such matters to the HHS Inspector General's Office in writing or on the Inspector General's Hotline. The toll-free number is 1-800-HHS-TIPS (1-800-447-8477). All telephone calls will be handled confidentially.

The e-mail address is Htips@os.dhhs.gov.

Office of Inspector General Department of Health and Human Services

TIPS HOTLINE

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

H.3. ADVANCE UNDERSTANDINGS

Other provisions of this solicitation/contract notwithstanding, approval of the following items within the limits set forth is hereby granted without further authorization from the

a. Non-Personal Services and Inherently Government Functions

1. Pursuant to FAR 37.1, no personal services shall be performed under this contract. All work requirements shall flow only from the Contracting Officer through the Contracting Officer's Representative (COR) to the Contractor's Project Manager. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer through the Contracting Officer’s Representative of this communication or action.

2. Pursuant to FAR 7.5, the Contractor shall not perform any inherently Governmental functions under this contract. No Contractor employee shall hold him or herself out to be a Government employee, agent, or mailto:Htips@os.dhhs.gov http://www1.od.nih.gov/oma/pi/hotline.html http://www1.od.nih.gov/oma/pi/hotline.html representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government contractors in connection with this contract, the Contractor employee shall state that they have no authority to in any way change the contract and that if the other contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer through the Contracting Officer’s Representative for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

3. The Contractor shall insure that all its employees working on this contract are informed of the substance of this article. Nothing in this article shall limit the Government's rights in any way under the other provisions of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this article shall be included in all subcontracts at any tier.

b. Confidential Treatment of Sensitive Information

The Contractor shall guarantee strict confidentiality of the information/data that it is provided by the Government during the performance of the contract. The Government has determined that the information/data that the Contractor will be provided during the performance of the contract is of a sensitive nature.

Disclosure of the information/data, in whole or in part, by the Contractor can only be made after the Contractor receives prior written approval from the Contracting Officer.

Whenever the Contractor is uncertain regarding the proper handling of information/data under the contract, the Contractor shall obtain a written determination from the Contracting Officer.

c. Contract Number Designation

On all correspondence submitted under this solicitation/contract, the Contractor agrees to clearly identify the contract number that appear on the face page of the contract as follows:

Contract No. To be determined at the time of award

Additionally, (when applicable) list the specified Task Order (TO) number once TO awards have been issued.

H.4. REPORTING REQUIREMENTS

Report of USDA-Designated Biobased Products

In accordance with FAR clause 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts, the contractor shall report to http://www.sam.gov , with a copy to the Contracting Officer through the Contracting Officer’s Representative any USDA-designated biobased products purchased during the period of each contract year. This report shall be submitted on time each year during contract performance and on the expiration date of the contract.

H.5. RECORDS / RECORDS MANAGEMENT

1. Where the A/E of Record is under contract to the Government, the Contractor will be provided with the drawings in the current NIH-Specified version of AutoCAD and in the NIH-Specified version of REVIT by Autodesk (including Revit Architecture, Structure, and MEP), which is a Building Information Modeling system (the "REVIT/BIMs") The Construction Contractor may use A/E's REVIT/BIMs in creating BIMs for construction.

Where the Contractor A/E is the designer of record, the contractor shall be responsible for the development and maintenance of the BIM using the specified version of REVIT/BIM. In either case, the Construction Contractor shall keep its BIMs current throughout the construction project and at the completion of the project shall deliver As-Built BIM and BIM Record Documents to the Government.

2. All designs, whether provided by the Government or the contractor through a

Design/Build must be designed, as a minimum, to conform to LEED certification requirements. Each Task Order will specify the LEED rating to be achieved.

3. Earned Value - Contractor shall provide with their Final Schedule Submission, a

Monthly Total Estimated Invoice Amount with a corresponding description of Work to be delivered for that amount for the duration of the schedule. This Monthly Invoice Amount along with the narrative description of delivered work and milestone shall be used as the Baseline for delivery of work. The approved Actual Invoice amount will be measured against this baseline. Unless stated otherwise in the Task Order, this is not applicable to projects under $10 million.

4. Unless specified otherwise in the Task Order, all documents prepared under this contract shall comply with the latest edition of the applicable design policies, guidelines and standards. Many of the applicable design policies, guidelines and standards at the time of award are available on the Web at :

http://orf.od.nih.gov/PoliciesAndGuidelines/ http://www.sam.gov/ http://www.sam.gov/

Those policies, guidelines and standards not available on the Web will be provided as part of the Task Order. These guidelines establish the minimum level of quality and NIH-specific requirements for all design and construction projects at NIH. The minimum requirements in this document, as modified by project-specific variances, shall be thoroughly coordinated and reflected in the drawings and specifications. The Contractor shall also comply with the latest edition of all applicable National and International codes, standards and regulations.

5. Work within Office spaces shall conform to "the NIH Office Fit-out Guidelines - The latest edition is accessible at the following web address:

http://orf.od.nih.gov/NR/rdonlyres/4B277DFE-74FF-47B6-8E4D- 6278E5579B4F/20587/OfficeFitout1207.pdf

6. Animal Holding and Support Spaces: Renovation of animal spaces and associated support spaces shall comply fully with the requirements of the Association for Assessment and Accreditation of Laboratory Animal Care (AAALAC), NIH Design Requirements Manual (DRM) for Biomedical Laboratories and Animal Research Laboratories, and in consultation with NIH users and veterinary staff.

The latest edition is available at the following address:

BiomedicalandAnimalResearchFacilitiesDesignPoliciesandGuidelines/DesignRequireme ntsManualPDF.htm

7. Renovation work in laboratory areas cannot start until the work area has been certified by the ORS Division of Safety as being clear of any hazardous material.

8. The Contractor shall create, manage, and make available to the NIH a Web-based collaboration system to share and store files. Such Web-based collaboration system will be specified by NIH at the time of award.

H.6. TASK ORDERS

a. Task Orders shall be competed and awarded under the process defined in this contract by the issuing Contracting Officer (CO). Proposal requirements and selection criteria shall be provided in the solicitation and/or RFP for the individual Task Order.

b. Division 1 of the construction contract specifications (Section J - Division 1 of

NIH Master Specifications) provides the basic administrative and general conditions requirements for all Task Orders. The specifications may be adjusted as needed in the individual Task Order RFP. Such alterations shall apply only to the individual Task Order in which they are contained and shall not be http://orf.od.nih.gov/NR/rdonlyres/4B277DFE-74FF-47B6-8E4D-6278E5579B4F/20587/OfficeFitout1207.pdf http://orf.od.nih.gov/NR/rdonlyres/4B277DFE-74FF-47B6-8E4D-6278E5579B4F/20587/OfficeFitout1207.pdf http://orf.od.nih.gov/PoliciesAndGuidelines/BiomedicalandAnimalResearchFacilitiesDesignPoliciesandGuidelines/DesignRequirementsManualPDF.htm http://orf.od.nih.gov/PoliciesAndGuidelines/BiomedicalandAnimalResearchFacilitiesDesignPoliciesandGuidelines/DesignRequirementsManualPDF.htm http://orf.od.nih.gov/PoliciesAndGuidelines/BiomedicalandAnimalResearchFacilitiesDesignPoliciesandGuidelines/DesignRequirementsManualPDF.htm interpreted as replacing or removing requirements from the basic contract specifications for any prior, current or future Task Order being competed or awarded, unless specifically noted otherwise.

Types of Task Orders issued under this contract include:

a. General Construction, Renovation, Alteration Repair and Maintenance

b. Design/Build

c. Activation/Commissioning

H.7. CONTRACT PHASING

The phases under this contract may include, but not limited be to: (1) Pre-Construction;

(2) Construction and Commissioning; (3) Activation; and (4) Closeout. The Task Order will identify the Contract Phase(s) and the specific elements of work to be performed for each phase.

1. PRECONSTRUCTION SERVICES

Services include but are not limited to: Design (as part of Design/Build), surveys of existing conditions, constructability reviews, special studies relating to construction means and methods, and/or other services as described in the Task Order.

a. CONTRACTOR A/E DESIGN AS PART OF DESIGN BUILD:

1. When required, Design submissions and reviews will take place as required on the task order level (example: 35%, 50%, and 95% (pre-final) stages). NIH will review and provide comments on each planning submission in accordance with the NIH Design Management, Design Review and the Permit Process.

Design cannot proceed to the next submission until all submission comments review comments have been reviewed, discussed and the Contracting Officer has authorized design to proceed to the next stage. Unless noted otherwise in the Task Order, within two weeks after receiving the Pre-Final Submission review comments the Contractor shall forward final 100% design sets to the Contracting Officer through the Project Officer.

2. When required, Design submissions and reviews will take place as required on the task order level (example: 35%, 50%, and 95% (pre-final) stages). NIH will review and provide comments on each planning submission in accordance with the NIH Design Management, Design Review and the Permit Process.

Design cannot proceed to the next submission until all submission comments review comments have been reviewed, discussed and the Contracting Officer has authorized design to proceed to the next stage. Unless noted otherwise in the Task Order, within two weeks after receiving the Pre-Final Submission review comments the Contractor shall forward final 100% design sets to the Contracting Officer through the Project Officer.

3. The contractor shall provide costs estimate at each submission milestones and at the final 100% submission for Design/Build tasks. The Contractor shall provide 6 hard copies and two electronic copies on disks or other approved electronic file storage device. All estimates shall include unit costs for labor, material and equipment and include appropriate mark-ups.

4. Unless specified otherwise in the Task Order, drawings shall be developed using the current NIH-specified version of AutoCAD and the NIH-specified version of REVIT by Autodesk (including REVIT Architecture, Structure, and MEP), which is a Building Information Modeling system, "REVIT/BIMs") The drawing submission shall include hard copies [six (6) full size, two (2) half size sets] and computer files on CD [two (2) ea.] or other specified electronic media.

b. CONSTRUCTABILITY REVIEWS:

When required by the Task Order, the contractor shall review the drawings for constructability, review the A/E's schedules, and submit comments to NIH on their feasibility. The Contractor shall also verify that the completed submission complies with the latest edition of the NIH Design Policy and Guidelines, Design Review Manual, and/or applicable codes and standards in effect at the time of the Design award. The Contractor shall collect review comments from all parties, prepare a consolidated list of all comments, adjudicate any conflicting comments, and transmit the consolidated comments to the Project Officer with the Contractor's designation of its response to each review comment. Note: The Contractor shall be responsible for coordinating the Satisfactory resolution of the A/E responses to the Government's review comments as necessary.

Prior to start of the construction documents, advise the Project Officer and A/E on the availability of labor and materials within the local area. Provide timely advice to the Project Officer and A/E on cost-reducing alternatives, which can be employed without impairing the overall quality level of the project, any defects, conflicts, ambiguities, discrepancies, or lack of clarity in contract documents, including the use of proprietary material.

c. PRE-AWARD SITE INSPECTIONS:

Upon receipt of the scope of work, including applicable drawings, and following a brief period for reviewing the documents, the contractor shall inspect the job site. It is expected the Contractor will be present at the site visit, along with any subcontractors or suppliers invited by the Contractor. Any deficiencies, conflicts, or other areas of concern existing in the scope of work and applicable drawings, should be brought to the attention of the Contracting Officer in writing. The contractor shall also notify the Contracting Officer, in writing, upon observing any features in the design that appear to be ambiguous and/or conflicting.

d. PRE-CONSTRUCTION CONFERENCE:

Prior to commencing work under a Task Order, the contractor will be required to meet with the Contracting Officer and/or designated technical personnel at an agreeable time to both parties to discuss and develop mutual understandings concerning schedule and administering work. Information regarding individuals to contact to arrange a pre-construction conference will be provided at execution of an order. The contractor is responsible for ensuring this conference takes place promptly following award.

2. CONSTRUCTION SERVICES

a. Construction services shall be provided in response to individual task orders. The work may vary from routine general construction to renovating, retrofitting, or installing highly complex mechanical, plumbing, electrical, structural or containment systems that are used in biomedical laboratory and animal spaces to protect the occupant and the environment. Tasks will involve a variety of disciplines and trades and special expertise including, but not limited to, architecture, mechanical, electrical, structural engineering, bio-security, commissioning, carpentry, road repair, roofing, excavation, medical gasses, HVAC, interior electrical, steam fitting, millwork, plumbing, sheet metal, painting and other finishes, demolition, concrete, masonry, welding, asbestos, and other hazardous material abatement. The Contractor shall work closely with the Project Officer (technical) and Contracting Officer (contractual) in the execution of all Task Orders.

b. The Contractor shall have sufficient materials on site or under their direct control to aggressively and without interruption pursue construction once started through substantial completion. The Contractor shall demonstrate to the Project Officers satisfaction that this condition has been met prior to starting construction.

c. On all awarded Task Orders, the Contractor shall be responsible for the following as a minimum but not limited to:

1. The Contractor shall provide an on-site office trailer and a staging area if required in support of this contract as shown on the bridging documents or as specified in the Task Order.

2. Management and Coordination of subcontractors.

3. Maintaining Schedule.

4. Construction Quality Control.

5. Safety.

6. Testing services, including construction material testing, factory witnessing, and field investigation and testing as required in support of this contract.

7. Project Management.

8. Development of cost loaded schedules for projects.

9. Earned value management.

10. Coordination (permits, shutdowns, road closures, document review) with state, local, and federal offices and internal NIH offices.

11. Coordination of work with surrounding Government and Contractor activities.

12. As required in the specific Task Order, Asbestos, Lead-based paint, PCB's, mercury, and hazardous waste abatement and remediation to including the surveying, inspecting, testing, abating, remediate, and disposal. This will also include remediation and abatement planning and design, including cost estimating.

13. Compliance with relevant environmental codes and regulations.

14. Compliance with HHS sustainability goals and requirements.

15. Record Documents.

16. Progress Meeting and minutes.

17. Commissioning.

d. Scheduling of pre-final and final inspections:

1. Notification for Pre-final Inspection. The Contractor and the Government will jointly conduct a pre-final inspection prior to any final inspection.

Request for the pre-final shall be made in writing to the Contracting Officer at least 5 days prior to the desired date.

2. Pre-final Inspection. Discrepancies noted will be furnished by the

Government inspector to the Contracting Officer. The Contracting Officer is responsible for furnishing a complete punch list, in writing, to the Contractor. Items noted on the punch list will be completed prior to scheduling a final inspection. As-built drawings, real property data, warranties, O&M manuals, etc., may be turned-in at time of final inspection.

3. Notification for Final Inspection. When the Contractor is ready for final inspection, he shall request so in writing to the Contracting Officer or his duly authorized representative at least 2 days prior to the desired date.

3. ACTIVATION

When required by the Task Order, The Contractor shall provide services as required to plan, organize, program, schedule, monitor and control the relocation of the new occupants from their existing facilities. This may involve conducting in-depth surveys, coordinating and supervising the relocation of existing equipment and furnishings, and researching, ordering, receiving and installation of new equipment, furniture and fixtures (FF&E); and coordinating them all within the user's new spaces in the facility. The actual physical moves will be performed by others, but the Contractor shall provide all materials and services required to schedule, coordinate, monitor, support and control the overall moves of the occupants. All surveys, reports and other documentation regarding these services shall be provided in writing to the Project Officer and Contracting Officer.

4. CLOSEOUT

a. Record Documents

The Contractor shall finalize project record documents, incorporating all

"As-Built" conditions. Submit all required record documents in accordance with the requirements established in the Project specifications to the Government for review and approval at the completion of the construction. All required record documents are identified in the Project specifications.

b. Operations and Maintenance Manuals

The Task Order specifications contain the requirements for the

Operational and Maintenance documentation. The Contractor shall provide and administer the preparation of manuals/ documentation for the operation and maintenance of the building features/systems in "as- built" conditions. Such documentation shall include specifications, shop drawings, design calculations and operation/maintenance requirements in accordance with the Project specifications. The contractor shall submit their as-built documents in electronic format; CADD and/or PDF format as directed by the PO.

c. Training (If applicable to Task Order)

The requirements for testing are included in the Project specifications. The Draft Instruction Program/ Training Plan, Draft Training Modules, and Instructor/Facilitator qualifications are to be submitted and approved prior to Closeout training.

The software supplier's User Manual(s)/course material shall be provided for each employee attending the training.

All classroom instruction shall be videotaped for future reference. A copy of each video shall be provided to the Government for future training and reference.

d. Warranties and Guarantees

Submit specific warranties and guarantees, final certifications and similar documents as specified in the project specifications at the time of completion of each phase

e. Project Description and Construction Cost Data

The Contractor shall provide a project description and cost data report for each task order as part of the closeout documents. The intent and desired result is for a collection of historical construction cost data by functional areas. Provide three (3) copies of each report and all electronic files used to prepare the report.

The following fields at a minimum shall be provided for the report:

1. Project name

2. NIH unique Work Request Number

3. Brief description of the Project highlighting the facility type and major characteristics. If the Project is a building or portion of a building, identify all functional areas within the Project such as:

a. office,

b. research laboratories,

c. residential area,

d. conference area,

e. circulation and public spaces including lobbies,

f. public restrooms and other support areas,

g. mechanical/electrical/telecom rooms,

h. loading dock and storage rooms.

4. Provide the total size of the Project in gross square feet (GSF). If the Project is a building or portion of a building, provide floor area in GSF of each functional area and the total size of the Project.

5. Date of construction contract award

6. Amount of the original construction contract award

7. Unit cost ($/GSF) for each functional area

8. Total amount of all change orders

9. Total number of change orders

10. Final cost of construction

11. Date of final construction completion.

Cost Report: The contractor shall for each functional area listed above provide a unit costs that is inclusive of the general conditions cost, all equipment, labor and material costs, and subcontractor mark-ups, and the Prime Contractor's Overhead and Profit.

H.8. Additional Instructions (Submittals)

1. The Contractor shall keep a copy of any sample of material submitted as part of this solicitation and resulting contract at the worksite.

2. Submittal shall be coordinated so that all interdependent component parts and systems of the installation are included in a single coordinated submittal.

3. Submittal shall be reviewed by the Contractor for compliance with specification requirements, coordination, etc., prior to submittal and shall be so certified on the submittal by appropriate stamp and/or notation.

4. All submittal shall be delivered at the Contractor's expense unless otherwise specified. Submittal shall be submitted as specified in Project Specifications.

Submittal data shall be accompanied by a letter of transmittal setting forth:

• The date

• The name of the project

• Appropriate description of submitted items, including reference to specification paragraph, submittal summary sheet item number, etc.

5. The Contractor shall have reviewed and submitted all data and samples required to insure the contract period is met.

6. Approved samples not destroyed in testing will be sent to the COTR at the project close-out. Approved samples of hardware in good condition will be marked for identification and may be used in the work. Materials and equipment incorporated in the work shall match the approved samples.

7. Failure of any material to pass the specified tests will be sufficient cause for refusal to consider, under this contract, any further samples of the same brand or make of that material. The Government reserves the right to disapprove any material or equipment which previously has proven unsatisfactory in service.

8. Samples of various materials or equipment delivered on the site or in place may be taken by the COTR for testing. Samples failing to meet contract requirements will automatically void previous approval of test items tested. The Contractor shall replace such materials or equipment to meet contract requirements, or there shall be a proper adjustment of the contract price as determined by the

9. The Contractor shall keep on the work…