NRC-HQ-11-R-10-0007_AmendNo2_Attch1.DOC

Table of Contents

PART I - THE SCHEDULE 1

A-1

SECTION A - SOLICITATION/CONTRACT FORM 75

A-1 SF 1442 SOLICITATION, OFFER, AND AWARD NOTICE: SET-ASIDE under (Construction, Alteration, or Repair) A-1

PART I - THE SCHEDULE

B-1

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B-1

B.1 PROJECT TITLE

B-1

B.2 BRIEF DESCRIPTION OF WORK (MAR 1987) ALTERNATE 1 (JUN 1988)

B-1

B.3 PRICE/COST SCHEDULE

B-1

B.4 CONSIDERATION AND OBLIGATION--TASK ORDERS (AUG 1989) ALTERNATE 1 (JUN 1991)

B-4

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1

SECTION D - PACKAGING AND MARKING

D-1

D.1 PACKAGING AND MARKING (MAR 1987)

D-1

SECTION E - INSPECTION AND ACCEPTANCE

E-1

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E-1

E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987)

E-1

SECTION F - DELIVERIES OR PERFORMANCE

F-1

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F-1

F.2 DURATION OF CONTRACT PERIOD (MAR 1987) ALTERNATE 4 (JUN 1988)

F-1

SECTION G - CONTRACT ADMINISTRATION DATA

G-1

G.1 PROJECT OFFICER AUTHORITY ALTERNATE 2 (FEBRUARY 2004)

G-1

G.2 2052.216-72 TASK ORDER PROCEDURES (OCT 1999)

G-1

G.3 2052.216-73 ACCELERATED TASK ORDER PROCEDURES (JAN 1993)

G-2

G.4 ORDERING PROCEDURES (MAY 1991)

G-2

G.5 2052.215-70 KEY PERSONNEL (JAN 1993)

G-3

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1

H.1 2052.204.70 SECURITY (MAR 2004)

H-1 H.2 2052.204-71 BADGE REQUIREMENTS FOR UNESCORTED BUILDING ACCESS TO NRC FACILITIES (MAR 2006) H-2

H.3 SECURITY REQUIREMENTS FOR BUILDING ACCESS APPROVAL (JUL 2007)

H-3 H.4 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEAR FACILITIES, ACCESS TO CLASSIFIED INFORMATION OR SAFEGUARDS INFORMATION, OR PERFORMING IN SPECIALLY SENSITIVE POSITIONS (DEC 2008) H-4

H.5 NOTICE OF REQUIRED PERFORMANCE SECURITY

H-5

H.6 NOTICE OF REQUIRED PAYMENT SECURITY

H-5

H.7 MINIMUM INSURANCE COVERAGE

H-5

H.8 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY

H-6

H.9 SEAT BELTS

H-6 H.10 Annual and Final Contractor Performance Evaluations H-6

H.11 COMPLIANCE WITH U.S. IMMIGRATION LAWS AND REGULATIONS (MAY 2002)

H-6 H.12 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR EMPLOYEES (JULY 2006) H-7

H.13 PROHIBITION OF FUNDING TO ACORN (NOV 2009)

H-7

H.14 REDUCING TEXT MESSAGING WHILE DRIVING (OCT 2009)

H-7

PART II - CONTRACT CLAUSES

I-1

SECTION I - CONTRACT CLAUSES

I-1

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I-1

I.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I-3 I.3 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUL 2010) I-4

I.4 52.209-8 UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

I-6

I.5 52.216-18 ORDERING (OCT 1995)

I-6

I.6 52.216-19 ORDER LIMITATIONS (OCT 1995)

I-7

I.7 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I-7

I.8 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I-7

I.9 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I-8 I.10 52.219-17 SECTION 8(a) AWARD (DEC 1996) I-8 I.11 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a) CONCERNS (JUNE 2003) ALTERNATE I (APR 2005) I-8

I.12 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

I-9

I.13 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)

I-10 I.14 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008) I-13 I.15 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008) I-13

I.16 52.228-1 BID GUARANTEE (SEP 1996)

I-14

I.17 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (NOV 2006)

I-14

I.18 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008)

I-15 I.19 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ALTERNATE I (APR 1984) I-21

I.20 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

I-22

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J-1

SECTION J - LIST OF ATTACHMENTS

J-1

PART IV - REPRESENTATIONS AND INSTRUCTIONS

K-1

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K-1

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

K-1

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

K-1

K.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

K-4

K.4 2052.209-70 CURRENT/FORMER AGENCY EMPLOYEE INVOLVEMENT (OCT 1999)

K-5

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L-1

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L-1

L.2 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)

L-1

L.3 52.216-1 TYPE OF CONTRACT (APR 1984)

L-4

L.4 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

L-4 L.5 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) L-4

L.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

L-6

L.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

L-6

L.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L-6

L.9 2052.215-72 TIMELY RECEIPT OF PROPOSALS (OCT 1999)

L-7

L.10 2052.215-73 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS (OCT 1999)

L-7

L.11 2052.215-74 DISPOSITION OF PROPOSALS (JAN 1993)

L-7

L.12 2052.222-70 NONDISCRIMINATION BECAUSE OF AGE (JAN 1993)

L-7

L.13 ESTIMATED DURATION (JUN 1988)

L-8

L.14 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENT/REMITTANCE ADDRESS

L-8

L.15 2052.215-75 PROPOSAL PRESENTATION AND FORMAT-ALTERNATE 2 (OCT 1999)

L-8

SECTION M - EVALUATION FACTORS FOR AWARD

M-1

M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

M-1

M.2 2052.215-79 CONTRACT AWARD AND EVALUATION OF PROPOSALS (OCT 1999)

M-1

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PROJECT TITLE

The title of this project is as follows:

U.S. Nuclear Regulatory Commission Headquarters Space Renovation and Reconfiguration Support

B.2 BRIEF DESCRIPTION OF WORK (MAR 1987) ALTERNATE 1 (JUN 1988)

(a) Brief description of work:

The Contractor shall perform various construction tasks as part of the U.S. Nuclear Regulatory Commission’s (NRC) overall restoration and refurbishment activities at the NRC headquarters White Flint Complex (WFC) in Rockville, Maryland.

The type of work to be performed under this contract includes a wide variety of construction services such as demolition, site work, concrete, masonry, woodworking, plastering, painting, ceramic tile, cabinetry, carpeting/flooring, electrical, plumbing, air conditioning, roofing, carpentry, etc.

(b) Orders will be issued for work required by the NRC in accordance with 52.216-18 - Ordering. Only Contracting Officers of the NRC or other individuals specifically authorized under this contract may authorize the initiation of work under this contract. The provisions of this contract shall govern all orders issued hereunder.

B.3 PRICE/COST SCHEDULE

BASE YEAR

LABOR CATEGORIES

OVERHEAD AND PROFIT (%)

OPTION YEAR ONE

LABOR CATEGORIES

OVERHEAD AND PROFIT (%)

OPTION YEAR TWO

LABOR CATEGORIES

OVERHEAD AND PROFIT (%)

OPTION YEAR THREE

LABOR CATEGORIES

OVERHEAD AND PROFIT (%)

OPTION YEAR FOUR

LABOR CATEGORIES

OVERHEAD AND PROFIT (%)

GRAND TOTAL ---

B.4 CONSIDERATION AND OBLIGATION--TASK ORDERS (AUG 1989) ALTERNATE 1 (JUN 1991)

(a) This contract (NRC-HQ-11-E-10-XXXX) is one of X contracts awarded under solicitation no. NRC-HQ-11-R-10-0007. The Maximum Ordering Limitation (MOL) for products and services ordered, delivered, and accepted under all contracts (NRC-HQ-11-E-10-XXXX, NRC-HQ-11-E-10-XXXX, etc) during the base period of performance is $3,000,000.00. The Contracting Officer may place orders with the contractors during the contract period provided the aggregate amount of such orders does not exceed the MOL.

(b) The MOL for products and services ordered, delivered, and accepted under the contracts (NRC-HQ-11-E-10-XXXX, NRC-HQ-11-E-10-XXXX, etc) may be increased if the option period(s) are exercised. The Contracting Officer may place orders with the contractors during the option period(s) provided the aggregate amount of such orders does not exceed the MOL.

(c) The guaranteed minimum obligated by the Government under this contract is $150,000.00.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK: HEADQUARTERS SPACE RENOVATION AND RECONFIGURATION SUPPORT

I. CONTRACT OBJECTIVES

The Contractor shall perform various construction tasks as part of the U.S. Nuclear Regulatory Commission’s (NRC) overall restoration and refurbishment activities at the NRC headquarters White Flint Complex (WFC) in Rockville, Maryland.

The type of work to be performed under this contract includes a wide variety of construction services such as demolition, site work, concrete, masonry, woodworking, plastering, painting, ceramic tile, cabinetry, carpeting/flooring, electrical, plumbing, air conditioning, roofing, carpentry, etc.

Under this contract, the NRC Project Officer (PO) will use individual task orders (TO) to specify the requirements, schedule, performance standards, and deliverables for each project and the Contractor shall perform all demolition, repairs, alterations, and construction work necessary to complete each project as specified by the NRC in the TO. For each TO, the NRC PO will designate a Technical Monitor (TM), who will be responsible for overseeing the Contractor’s satisfactory completion of the requirements of the TO. The Contractor shall furnish all labor, materials, equipment, transportation, supervision, waste disposal, etc. to satisfy all NRC requirements specified in this contract and the TO.

For each project, the NRC intends to utilize bio-based or other environmentally preferable materials if NRC determines a suitable product is readily available, cost effective and meets the performance requirements for the intended application.

Some projects under this contract will have completion schedules that will require accelerated efforts by the Contractor including performance of services outside the normal business day at night and/or over weekends.

II. TASK REQUIREMENTS

a. Schedules and Work Plan

Upon receipt of a request for task order proposal, which will include approved Design Intent Drawings and/or Construction Drawings provided by the NRC, the Contractor shall provide a detailed cost proposal. The cost proposal shall include all material, labor, equipment and subcontractor cost break down and a proposed construction schedule for NRC’s review and acceptance. The proposed schedule shall detail the sequence of the overall project operations, including a proposed start-up date for the project and a projected completion date for all work. The proposed schedule shall also identify all material and equipment delivery schedules (specifically identifying long lead-time items), installation schedules and testing, and acceptance periods as specified in each TO. For each project awarded to the Contractor, the Contractor shall provide a work plan to the TM for review and approval identifying proposed requested hours of work, access requirements, and staging areas. All required building systems interruptions shall be clearly identified and be kept to a minimum.

These interruptions shall be planned for evening and weekend work and must be approved at least 3 business days in advance, with proper documentation, by the NRC TM specified in the TO to allow NRC to prepare notifications to facilities staff and occupants. All communications between NRC and the Contractor shall be handled through the assigned NRC TM for the project specified in the TO.

b. Construction Construction and installation shall be accomplished in a seamless manner, according to current building code requirements by all applicable jurisdictions, and NRC requirements including TM approved schedules and plans of work. The Contractor shall take no action that will result in any type of interruption to the daily operations of NRC staff without obtaining the specific written approval of the NRC TM in advance. All workmanship shall comply with Architectural and Building standard requirements as specified by the TM in the TO and shall not create a hazardous environment for the building and its occupants.

III. SPECIAL REQUIREMENTS

· All site visits and work shall be coordinated through the NRC TM.

· The work scheduled on weekday evenings shall be performed after 6:00 p.m. and before 6:00 a.m. as designated in the TO. The work performed on weekends shall be performed as approved by the TM.

· NRC shall have the first right of refusal to re-use any items or materials being replaced during performance of a project. Any items or materials rejected by NRC shall become the responsibility of the Contractor to dispose of in the most environmentally preferable way.

· General conditions, contract forms, and project specific requirements shall be provided by the TM.

IV. COORDINATION

a. Coordination of Trades The Contractor shall coordinate construction operations included in the various sections of the TO specifications to provide an efficient and orderly installation of each part of the project.

The Contractor shall coordinate construction operations included under different sections of the TO specifications that depend on each other for proper installation, connection or operation.

The Contractor shall schedule construction operations in the sequence required to obtain the best results where the installation of one part of the project depends on installation of other components before or after that part.

The Contractor shall coordinate installation of different components to provide maximum accessibility for required maintenance, service, testing and repair.

The Contractor shall provide accommodations for items scheduled for later installation.

The Contractor shall coordinate incorporation of the Contractor's Value Engineering proposals and Change Orders after their acceptance by NRC.

Where necessary, the Contractor shall prepare and distribute memoranda to each party involved, outlining special procedures required for coordination. When applicable, the Contractor shall include notices, reports and meeting minutes as part of the memoranda.

The Contractor shall coordinate scheduling and timing of administrative procedures with other construction activities to avoid conflicts and promote orderly progress of the project. Administrative procedures include but are not limited to the following:

· Preparation of schedules.

· Installation and removal of temporary facilities.

· Delivery and processing of submittals.

· Progress meetings.

· Project closeout activities.

b. Coordination Drawings

The Contractor shall prepare coordination drawings where careful coordination is needed for installation of products and materials fabricated by separate entities, and prepare coordination drawings where limited space availability necessitates maximum utilization of the space for efficient installation of different components. The drawings shall:

· Show the relationship of components shown on separate shop drawings;

· Indicate required installation sequences;

· Provide vertical and horizontal dimensions necessary to locate each component and avoid conflicts within the space; and

· Provide coordination drawings for equipment and system installations in mechanical and electrical rooms and spaces where two or more entities will provide the work and separate shop drawings are insufficient to show coordination.

V. MEETINGS

a. Task Order Kickoff Meeting

The NRC TM will schedule a conference onsite at NRC before starting each TO. At this conference, the Contractor shall be prepared to brief the TM on responsibilities and personnel assignments for the project.

The Contractor shall ensure that non-NRC participants at the conference are familiar with the project and are authorized to conclude matters relating to their work.

As designated by the TM for each conference, the Contractor shall ensure the following roles are represented at each conference:

· Architect.

· Key Design consultants.

· Key subcontractors.

· Key suppliers.

· Other trades related to each TO.

During the conference, items of significance that could affect progress will be discussed including, but not limited to, the following:

· Tentative construction schedule

· Critical work sequencing

· Designation of responsible personnel

· Procedures for processing field decisions and Change Orders

· Procedures for processing Applications for Payment

· Distribution of Contract Documents

· Submittal of Shop Drawings, Product Data, and Samples

· Preparation of Record Documents

· Use of the premises

· Parking availability

· Office, work, and storage areas

· Equipment deliveries and priorities

· Safety procedures

· First aid

· Security

· Housekeeping and progress cleaning

· Working hours

The Contractor shall distribute minutes of the conference to each party present and to other concerned parties, as designated by the TM, no later than 3 calendar days after the conference.

b. Pre-Construction General Meeting The Contractor shall conduct a pre-construction conference at the Project Site before each construction activity that requires coordination with other construction activities. At this conference, the PO, TM, and Contractor will review the progress of construction activities and preparations for the particular activity under consideration, including requirements for the following:

· Review Contract Documents

· Review Change Orders, including Engineering Proposals

· Review purchases

· Review deliveries

· Submit and review submittals

· Review of displays

· Address scheduling conflicts

· Address equipment and product compatibility problems

· Time schedules

· Weather limitations

· Manufacturer's recommendations

· Warranty requirements

· Compatibility of materials

· Acceptability of substrates

· Temporary facilities and controls

· Space and access limitations

· Governing regulations

· Safety

· Test and inspection requirements

· Required performance results

· Protection for adjacent work areas

· Protection for occupants in adjacent areas The Contractor shall record significant discussions, agreements, and open items needing closure for each conference and no later than 3 calendar days after each conference, the Contractor shall distribute minutes of the conference to the TM, each party present and to other concerned parties as designated by the TM.

The Contractor shall not proceed with the project work if the TM determines the conference was not successfully concluded. The Contractor shall initiate whatever actions are necessary to resolve impediments to the performance of the project, and reconvene the conference at the earliest feasible date.

c. Pre-Construction Safety Meeting

Representatives of the Contractor shall meet with the TM and his/her representative(s) prior to the start of the work for each project under this contract. The purpose of this pre-construction safety meeting is to review the Contractor's safety and health programs and policies, and to discuss the implementation of all safety and health provisions pertinent to the work to be performed under the contract.

The Contractor shall be prepared to discuss, in detail, the measures they intend to take to prevent or control any unsafe or unhealthy conditions associated with the work to be performed under the contract. If directed by the TM, this meeting shall be held in conjunction with other pre-construction meetings such as the General Pre-Construction meeting. The level of detail of the safety meeting is dependent upon the nature of the work and the potential inherent hazards. The Contractor's principal on-site representative(s), including the general superintendent and their safety representative(s) shall be in attendance.

All work shall comply with applicable Federal, state, and municipal safety and health practices and requirements. Where there is a conflict between applicable regulations, the most stringent shall apply.

d. Progress Meetings

The Contractor shall provide progress briefings to the TM at the project site at regular intervals. The dates of these briefings shall be coordinated with preparation of the payment request.

The Contractor shall ensure the Contractor’s subcontractor, supplier, or other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at the progress briefing. All participants at the progress briefing shall be familiar with the project and authorized to conclude matters relating to their work.

At each progress briefing, the Contractor shall review and correct the minutes from the previous progress briefing, review other items of significance that could affect progress, and discuss topics as appropriate to the status of the project. Topics for discussion will include, but are not be limited to the following:

· The Contractor's overall construction schedule

· Status of progress since the last meeting

· Relation of each activity to the Contractor's construction schedule (whether on time, or ahead/behind schedule)

· Determination of how construction that is behind schedule will be expedited and what commitments are needed from parties involved to do so

· Any schedule revisions required to ensure that current and subsequent activities will be completed within the NRC-approved project time

At the briefing, the Contractor shall also review the present and future needs of each entity participating in the overall project, including but not limited to the following:

· Time

· Sequences of operations

· Status of submittals

· Deliveries

· Off-site fabrication

· Access

· Site utilization

· Temporary facilities and controls

· Hours of work

· Hazards and risks

· Housekeeping and progress cleaning

· Quality and work standards

· Change Orders

· Documentation of information for payment requests

· Updating of Record Documents

No later than 3 calendar days after each meeting, the Contractor shall distribute minutes of the meeting to each party present and to other concerned parties, including the TM. The minutes shall include a brief summary, in narrative form, of progress since the previous meeting and report. The Contractor shall also revise the Contractor's project construction schedule after each progress meeting where the NRC TM has approved revisions to the schedule. The revised schedule shall be issued concurrently with the report for each meeting.

VI. DELIVERABLES

a. Material Safety Data Sheets

The Contractor shall provide Material Safety Data Sheets to the NRC TM for review and approval by NRC's Safety and Health representative prior to starting any TO. The Contractor shall be aware that use of certain substances shall require the ventilation of areas, which may impact the project schedule.

b. As-Built Construction Documents

The Contractor shall provide five complete sets of final as-built Construction Documents and two electronic copies (dwg and pdf file) to the NRC TM within 30 days of construction completion.

VII. QUALITY ASSURANCE

a. NRC Inspection and Acceptance of Services The NRC will inspect all services performed under this contract at various times. These inspections will be performed in such a manner that will not unduly interfere or delay the work that is being performed by the Contractor. If any of the Contractor’s work does not conform to the terms and conditions of this contract and the applicable TO specifications, the NRC reserves the right to require the Contractor to correct such deficiencies at no additional cost to the NRC. If such deficiencies cannot be corrected by the Contractor, the NRC reserves the right to correct the deficiencies and deduct those costs from any amount owed the Contractor and/or terminate the contract for default.

b. Contractor Inspection

The Contractor shall continuously inspect the quality of work being performed to assure that the project is being accomplished in accordance with this contract statement of work (SOW) and the applicable TO specifications. The Contractor shall verify all information shown on the drawings (if applicable) at no additional cost to the NRC. Failure to do so will in no way relieve the Contractor from furnishing any materials or performing any work that may be required to carry out the project work in accordance with the TO SOW.

c. Contractor Supervision

The Contractor shall provide supervision of all the work described in this contract and subsequent TOs. The Contractor shall ensure a contract supervisor shall be available onsite at all times when the contract work is in progress, to receive notices, reports, or requests from the TM. It is the policy of the NRC not to directly or indirectly exercise direction or supervision of the Contractor's employees and/or subcontractors.

VIII. CONTRACTOR RESPONSIBILITY/LIABILITY

a. Contractor Responsibility

The Contractor shall assume full responsibility and liability for compliance with applicable regulations pertaining to the health and safety of personnel during the execution of work, and shall hold the NRC harmless for any action on the Contractor’s part, or that of the Contractor’s employees or subcontractors, which results in illness, injury, or death.

The Contractor shall ensure all work is performed in strict compliance with the accepted accident prevention plan written by the prime Contractor for the specific work submitted to the NRC and reviewed by the TM. The Contractor's plan shall be job-specific and shall include work to be performed by their subcontractors and all measures to be taken by the Contractor to control hazards associated with materials, services, or equipment provided by suppliers.

Regularly scheduled safety meetings shall be held at least once a week for all supervisors on the project to review past activities, to plan ahead for new or changed operations, and to establish safe working procedures for the anticipated hazards. An outline of each meeting shall be submitted by the Contractor to the TM.

b. Workmanship

The Contractor shall furnish all supplies, materials, and equipment necessary for the performance of the work described in the SOW and any subsequent TO unless otherwise specified in the TO. Materials and supplies used shall be commercially available products from reputable manufacturers or suppliers. Upon request, the Contractor shall submit to the TM a list that identifies the name of the manufacturer, the brand name, and the intended use of each of the materials that is being proposed to be used in the performance of the work. The Contractor shall not use any material that the TM determines would be unsuitable for the intended purpose, or harmful to either the surfaces to which applied, any other part of the building, its occupants, indoor air quality, or equipment.

All work under this contract shall be performed in a skillful and professional manner and shall comply with all applicable laws, ordinances, and regulations (Federal, State, County, City and International Building Codes).

Except as required by the TO SOW, the Contractor shall not perform any extra work or provide any extra materials unless ordered in writing by the NRC Contracting Officer, and the price stated in such TO modification.

Unless otherwise specified in the TO SOW, the Contractor guarantees all work to be in accordance with contract requirements and free from defective or inferior materials, equipment and workmanship.

The NRC reserves the right to have the Contractor remove from the project any employee the PO deems incompetent, careless or otherwise objectionable. The Contractor shall promptly repair any damages that results from negligence on the part of the Contractor or their personnel, at no additional cost to NRC.

c. Housekeeping

The Contractor and its workers shall clean up after themselves each night, dispose of any trash and leave the work site in a safe condition in the same overall condition that the Contractor found it at the beginning of the work period. All debris and dirt shall be removed from the work area daily and disposed of off-site in the Contractor's furnished containers. Upon completion of work, the Contractor shall leave the premises in a clean condition that is ready for occupancy. Unless otherwise specified, all materials and equipment removed shall remain the property of the NRC. When the removed materials and equipment are specified as Contractor property, the Contractor shall remove them from the job site. The NRC is not responsible for tools or equipment left on the job site after the end of a work period. The Contractor shall never use NRC trash dumpsters or compactors.

d. Safety and Hazardous Material Handling

The delivery and storage of materials and equipment and accomplishment of all work shall be accomplished with a minimum of interference to NRC operations and personnel. The Contractor shall notify the TM of any potential interference in advance.

The Contractor shall take every precaution to prevent fires during the performance of this work. Smoking in the NRC buildings and/or at the loading docks is strictly prohibited.

The Contractor shall exercise every precaution to prevent accidents of all kinds from occurring during the performance of all work specified in this contract. The Contractor shall also comply with all Occupational Safety and Health Administration and Environmental Protection Agency regulations as they apply to all the work requested by the NRC.

e. Accessibility and Recording Presence

The facility will be occupied during the performance of the work. The Contractor shall be expected to coordinate their work with the TM when access is required to NRC premises and to communicate their presence to NRC, Division of Facilities and Security (DFS) point of contacts.

The Contractor shall submit, in writing, all names, date of birth, and a valid photo ID of personnel scheduled to work on the site prior to their gaining access to the WFC. Each contract employee shall sign in when reporting for work each day and sign out when leaving at the end of the day. The NRC Form 205 will be used for this purpose and is located at the Security Station in the lobby of One and/or Two White Flint North. The Contractor shall ensure that NRC access badges shall be worn in such a manner that they are clearly visible at all times when workers are within the building and these badges are never taken from the building when Contractor personnel are leaving for any reason. The NRC reserves the right to deny access to the building and terminate access to any Contractor employees, as it deems appropriate, which would be in the best interest of the NRC.

f. Liability

The Contractor shall, without additional cost to the NRC, be responsible for obtaining insurance that is currently in force throughout the duration of this contract. The insurer and Contractor shall save, keep harmless and indemnify the NRC against any and all liability claims and/or loss of any kind and nature for injury or death to a person or persons, loss or damage to property, NRC or otherwise, occurring in connection with or incidental to, or arising out of the occupancy, use, service, operation of equipment, etc., or performance of work in connection with this contract from the omissions or from negligent acts of the Contractor.

IX. CONTRACTOR STANDARDS OF CONDUCT

The Contractor shall be responsible for maintaining satisfactory standards of employee conduct and integrity during the performance of this contract. Contractor personnel are expected to conduct themselves in a professional and courteous manner at all times. The Contractor shall not employ persons for work on this contract if the NRC Contracting Officer considers such employees to be a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population.

The Contractor personnel shall be easily recognized as Contractor employees.

Personnel assigned to work onsite under this contract will be required to obtain an NRC security clearance for unescorted access to the NRC facilities.

Federal regulations prohibit the use of any controlled substances and alcoholic beverages while Contractor employees are working on Federal property or in Federal installations. All Contractor personnel shall be made aware of these requirements prior to placement and sign a statement to that effect.

Any personnel impaired by substance abuse or who use violent/profane language, or conduct themselves otherwise in a manner construed to be threatening to themselves, others, or Federal property, shall not be allowed to perform under this contract.

The Contractor shall also be responsible for ensuring that employees do not disturb papers on desks, open desk drawers, files or cabinets, and do not use Government telephones, except as authorized.

X. UTILITY SERVICE INTERRUPTIONS

The Contractor shall submit a utility service interruption plan for the project as part of each TO proposal. This plan shall include dates and times of each scheduled interruption, with the estimated period of outage, list of existing equipment that will be affected by the interruption, proposed sequence of equipment shut-down and start-up, and responsible personnel. The Contractor shall keep utility service interruptions and periods of interruption to a minimum. This plan must be approved in writing by the NRC TM. If the plan is not acceptable to the TM, the Contractor shall consult with the TM and continue to revise and resubmit the plan until TM approval is obtained.

As directed by the TM, in advance of each scheduled utility interruption, the Contractor shall issue a notice to all affected parties, confirming each provision of the interruption, or canceling and rescheduling the scheduled interruption as approved by the TM. The Contractor shall coordinate with the TM, and confirm that the responsible personnel are prepared to execute the shut-down and start-up of affected existing equipment, prior to each interruption.

· The Contractor shall obtain written approval from the TM at least 3 business days in advance for any work which could create loud noises, require bypass of the fire alarm system, or potentially create a hazardous condition.

XI. CONSERVATION

a. Energy Conservation The Contractor shall coordinate the use of energy, water, and materials for TO with the TM.

b. Waste Management Plan The Contractor shall propose a waste management program that ensures the maximum level of recycling of waste materials generated during the performance of this contract.

c. Implementation

· The Contractor's waste management coordinator shall provide onsite instruction to workers in the identification, separation, and handling of recyclable materials, and shall manage the process for the duration of the project.

· The Contractor shall layout and define specific areas to facilitate separation of materials for recycling, and shall maintain collection bins clearly marked to avoid contamination of the recyclable materials.

· The Contractor’s waste management coordinator shall report monthly, in writing, the quantity of each recyclable material collected during the previous month and cumulatively to date, compared to the quantity goal, and other points of interest. Copies of each report shall be distributed to each significant party of the project, including the TM.

XII. PARKING

The Contractor may use the loading docks located at the rear of One White Flint North and Two White Flint North, which are accessible by a service drive, when unloading materials/equipment. No vehicles shall be left parked at the loading dock after loading or unloading. Limited parking onsite may be available for Contractors between the hours of 6:00 p.m. and 5:00 a.m., Monday through Friday, and 7:00 a.m. through 7:00 p.m. on weekends, as approved by the TM.

XIII. NRC FURNISHED PROPERTY/EQUIPMENT

Each TO issued will specify any NRC furnished property/equipment. In most cases, NRC will provide the security devices, equipment and locking hardware for use within NRC facilities. The NRC TM will specify in the TO whether NRC or the Contractor will install this type of equipment.

The Contractor may have use of the freight elevator on specific times as coordinated and approved by the TM in advance.

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING (MAR 1987)

The Contractor shall package material for shipment to the NRC in such a manner that will ensure acceptance by common carrier and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation. On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER

TITLE

DATE

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

52.246-12

INSPECTION OF CONSTRUCTION

AUG 1996

E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987)

Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the Project Officer at the destination.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

52.242-14

SUSPENSION OF WORK

APR 1984

52.247-34

F.O.B. DESTINATION

NOV 1991

F.2 DURATION OF CONTRACT PERIOD (MAR 1987) ALTERNATE 4 (JUN 1988)

The ordering period for this contract shall commence on date of award and will expire on one year from date of award. Any orders issued during this period shall be completed within the time specified in the order, unless otherwise specified herein. (See 52.216-18 - Ordering.) The term of this contract may be extended at the option of the Government for an additional four one-year option periods.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 PROJECT OFFICER AUTHORITY ALTERNATE 2 (FEBRUARY 2004)

(a) The contracting officer's authorized representative hereinafter referred to as the project officer for this contract is:

Name:

TBD

Address:

Telephone Number:

(b) The project officer shall:

(1) Monitor contractor performance and recommend changes in requirements to the contracting officer.

(2) Inspect and accept products/services provided under the contract.

(3) Review all contractor invoices/vouchers requesting payment for products/services provided under the contract and make recommendations for approval, disapproval, or suspension.

(4) Immediately notify the Security Branch, Division of Facilities and Security (SB/DFS) (via e-mail) when a contractor employee no longer requires access authorization and return of any NRC issued badge to SB/DFS within three days after their termination.

(c) The project officer may not make changes to the express terms and conditions of this contract.

G.2 2052.216-72 TASK ORDER PROCEDURES (OCT 1999)

Only contractors awarded a contract as a result of this RFP will compete for subsequent task orders.

(a) Task order request for proposal. When a requirement within the scope of work for this contract is identified, the contracting officer shall transmit to the contractor a Task Order Request for Proposal (TORFP) which may include the following, as appropriate:

(1) Scope of work/meetings/travel and deliverables;

(2) Reporting requirements;

(3) Period of performance - place of performance;

(4) Applicable special provisions;

(5) Technical skills required;

(6) Estimated level of effort; and

(7) Evaluation criteria.

The Contracting Officer reserves the right to award a task order without competition based upon a determination that:

(1) The agency need for the supplies or services are so urgent that providing a fair opportunity would result in unacceptable delays;

(2) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services being ordered are unique or highly specialized;

(3) The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(b) Task order technical and cost proposal. By the date specified in the TORFP, the contractor shall deliver to the contracting officer a written or verbal (as specified in the TORFP technical proposal submittal instructions) technical proposal and cost proposal that provides the technical and cost information required by the TORFP. The cost proposal for each task order must be fully supported by cost and pricing data adequate to establish the reasonableness of the proposed amounts. When the contractor's estimated cost for the proposed task order exceeds $100,000 and the period of performance exceeds six months, the contractor may be required to submit a Contractor Spending Plan (CSP) as part of its cost proposal. The TORP indicates if a CSP is required.

(c) Task Order Evaluation. The Government will evaluate submitted proposals according to criteria specified in the TORFP. Subsequent task orders may be awarded on best value, either tradeoff process or low price, low price technically acceptable, or low or low bid price. If the Government decides to issue the task order as a best value using the tradeoff process, award factors will vary depending on the unique requirements of each task order. In addition to price or cost, one or more of the following criteria may be considered:

(1) Past Performance – task order past performance or prior past performance on other contracts

(2) Quality of Deliverables

(3) Ability to meet schedule requirements

(4) Relevant experience

(5) Cost control

(6) Potential impact on other orders placed with the contractor

(7) Current workload

(8) Design

(9) The Contractor’s technical understanding of the work

(10) The most efficient and effective plan to accomplish the work

(11) Rationale for proposed materials, type, and quantities

(12) Sustainable design features

(d) Task order award. The contractor shall perform all work described in definitized task orders issued by the contracting officer. Definitized task orders include the following:

(1) Statement of work/meetings/travel and deliverables;

(2) Reporting requirements;

(3) Period of performance;

(4) Key personnel;

(5) Applicable special provisions; and

(6) Total task order amount including any fixed fee.

G.3 2052.216-73 ACCELERATED TASK ORDER PROCEDURES (JAN 1993)

(a) The NRC may require the contractor to begin work before receiving a definitized task order from the contracting officer. Accordingly, when the contracting officer verbally authorizes the work, the contractor shall proceed with performance of the task order subject to the monetary limitation established for the task order by the contracting officer.

(b) When this accelerated procedure is employed by the NRC, the contractor agrees to begin promptly negotiating with the contracting officer the terms of the definitive task order and agrees to submit a cost proposal with supporting cost or pricing data. If agreement on a definitized task order is not reached by the target date mutually agreed upon by the contractor and contracting officer, the contracting officer may determine a reasonable price and/or fee in accordance with Subpart 15.8 and Part 31 of the FAR, subject to contractor appeal as provided in 52.233-1, Disputes. In any event, the contractor shall proceed with completion of the task order, subject only to the monetary limitation established by the contracting officer and the terms and conditions of the basic contract.

G.4 ORDERING PROCEDURES (MAY 1991)

(a) In addition to the contracting officer, contract administrator, and project officer, the following individuals are authorized to issue delivery orders under this contract: N/A

(b) All delivery orders shall be prepared in accordance with FAR 16.506 and may be issued in writing, orally, or by written telecommunications.

G.5 2052.215-70 KEY PERSONNEL (JAN 1993)

(a) The following individuals are considered to be essential to the successful performance of the work hereunder:

Labor Category

Name of Individual

Operations Manager

Senior Project Manager

Project Manager

Job Superintendent

The contractor agrees that personnel may not be removed from the contract work or replaced without compliance with paragraphs (b) and (c) of this section.

(b) If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall immediately notify the contracting officer and shall, subject to the concurrence of the contracting officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications.

(c) Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute and other information requested or needed by the contracting officer to evaluate the proposed substitution. The contracting officer and the project officer shall evaluate the contractor's request and the contracting officer shall promptly notify the contractor of his or her decision in writing.

(d) If the contracting officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the contracting officer for default or for the convenience of the Government, as appropriate. If the contracting officer finds the contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 2052.204.70 SECURITY (MAR 2004)

(a) Contract Security and/or Classification Requirements (NRC Form 187). The policies, procedures, and criteria of the NRC Security Program, NRC Management Directive (MD) 12 (including MD 12.1, "NRC Facility Security Program;" MD 12.2, "NRC Classified Information Security Program;" MD 12.3, "NRC Personnel Security Program;" MD 12.4, "NRC Telecommunications Systems Security Program;" MD 12.5, "NRC Automated Information Systems Security Program;" and MD 12.6, "NRC Sensitive Unclassified Information Security Program"), apply to performance of this contract, subcontract or…