RFP 75D301-24-R-73060 B28 Atlanta.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

75D301-24-R-73060

2. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

3. DATE ISSUED

09/11/2024

PAGE OF PAGES

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

HCAJSBC2-2024-87373

6. PROJECT NO.

P20160718

7. ISSUED BY CODE 8219 8. ADDRESS OFFER TO

Centers for Disease Control and Prevention Chamblee Campus Building 102, MS S102-4 4770 Buford Hwy Atlanta, GA 30341-3717

Centers for Disease Control and Prevention Chamblee Campus Building 102, MS S102-4 4770 Buford Hwy Atlanta, GA 30341-3717

9. FOR INFORMATION

CALL:

A. NAME

Michael Davis

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(770) 488-2427

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

Phase I Solicitation

The Detailed Statement of Work, Specifications, Design Documents, and other documents describing the requirement shall be included with the Phase II Solicitation.

Project Title: Building 28 (B-28) High Containment Continuity Laboratory (HCCL) Project and Roybal Campus Infrastructure

Project Number: P20160718/P20170875

Project Location: CDC Roybal Campus.

The NAICS Code for this acquisition is 236220; Size Standard $45.0 million

Contracting Officer’s Representative (COR): Michael Payne

Contracting Officer: Mike Davis

Block 12A: Payment and Performance Bonds are required within 14 calendar days of contract award.

Block 13B: An Offer Guarantee is not required for Phase I or the Phase II Technical Proposal. An Offer Guarantee is required with the Phase II Price Proposal.

11. The Contractor shall begin performance within 10 calendar days and complete it within 1340 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See Section F..)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

X YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Offers in original and 8 copies to perform the work required are due at the place specified in Item 8 by 5:00 pm (hour) local time

10/11/2024 (date). An electronic copy of the proposal shall also be emailed to Mike Davis at VWL8@CDC.GOV. The email should include 75D301-24-R-73060 in the subject line.

B. An offer guarantee is not required for Phase I. An offer guarantee is required with the Phase II Price Proposal.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

G.1

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed.

This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN

(Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD

DATE

STANDARD FORM 1442 BACK (REV. 4-85)

Phase I Solicitation

Section B - Supplies Or Services And Prices/Costs

This is the Phase I Solicitation for a Two-Phase Procurement for a Construction Contract.

Offerors should review Sections L and M carefully and comply with all its requirements when responding to the Phase I Solicitation.

ITEM SUPPLIES / SERVICES QTY /

UNIT

UNIT PRICE EXTENDED

PRICE

0001 Bldg 28 High Containment Continuity Lab

The General Contractor (GC) shall manage and perform the construction of the facility. Included with the construction effort, the GC shall provide management and inspection services, bonds, warranties, guarantees, quality control, safety review/inspections, test and inspections, security and logistic control, record documents, manuals, facilities maintenance training, health and safety plan, CPM schedules, submittal review and coordination, construction administration services, commissioning, furnish tools, materials, equipment, labor and incidentals, coordinate all construction related work, develop required coordination drawings, construction administration services, commissioning, and other related professional services.

1 Lump Sum

Not Applicable for Phase I

Not Applicable for Phase I

COMPLETE THE FOLLOWING ITEMS:

UNIQUE ENTITY IDENTIFIER:______________________________________

TAX IDENTIFICATION NUMBER: ___________________________________

CAGE CODE: _____________________________________________________

CONTRACTOR E-MAIL:____________________________________________

The successful contractor shall be responsible for all applicable federal, state, and local taxes. No tax exemption certification will be issued by the CDC.

Section C - Description/Specification/Work Statement

C.1 FAR 36.204 Disclosure of the magnitude of construction projects

Advance notices and solicitations shall state the magnitude of the requirement in terms of physical characteristics and estimated price range. In no event shall the statement of magnitude disclose the Government’s estimate.

Therefore, the estimated price should be described in terms of one of the following price ranges:

(a) Less than $25,000.

(b) Between $25,000 and $100,000.

(c) Between $100,000 and $250,000.

(d) Between $250,000 and $500,000.

(e) Between $500,000 and $1,000,000.

(f) Between $1,000,000 and $5,000,000.

(g) Between $5,000,000 and $10,000,000.

(h) More than $10,000,000.

This project falls under price range (h) More than $10,000,000. The government anticipates that the estimated magnitude of construction is between $275,000,000.00 and $340,000,000.00.

C.2 Summary of the Statement of Work

The Building 28 (B-28) High Containment Continuity Laboratory (HCCL) will have gross building area of approximately 175,000 square feet and will consist of bio-safety level (BSL) 3E and 4 laboratories and supporting infrastructure space. The required work involves Contractor providing comprehensive preliminary planning/project start-up and construction services, including, but not limited to: management and inspection services, bonds, insurance, CPM schedules, health and safety plan, quality control plan, product submittal development and review, develop required coordination drawings, construction administration services, security and logistic control, furnish tools, materials, equipment, labor and incidentals, safety review/inspections, quality control, coordinate all construction related work, test and inspections, commissioning, operational manuals, facilities maintenance training, record documents, warranties, and other related professional services.

The project’s site is fully contained within the CDC Roybal Campus located at 1600 Clifton Road in Atlanta, Georgia. The site for the Building 28 (B28) construction encompasses approximately two acres. Building 28’s site is currently densely developed with a four-level structured parking deck and is surrounded by occupied buildings. The site is also encumbered with existing utility lines, which pass through the site area to serve other buildings and facilities that are to remain in service during the construction of Building 28. Building 28 is being constructed in the heart of the laboratory core of the campus and is surrounded by other critical laboratory and office facilities. The High Containment Laboratories will be built to containment standards and requirements defined in the BMBL (6th Edition) for BSL-4 Suit Laboratories and BSL-3 (Enhanced) Laboratories.

The construction of Building 28 will require demolition and removal of the existing parking deck and driveway within the site area. Multiple utilities will be re-routed around the proposed work area to maintain service to adjacent facilities. The removal and replacement of the emergency driveway and utility lines must be sequenced and coordinated to avoid service interruptions and always maintain emergency access to adjacent facilities throughout construction.

There will be multiple new utility connections required to serve the proposed Building 28, including steam, chilled water, electrical duct banks, telecommunications duct banks, fuel oil, liquid nitrogen, and natural gas lines.

The project includes a north campus surface parking lot expansion that encompasses an area of approximately two acres. The project will include the removal and/or re-configuration of the existing surface parking lot and service drive in this area.

The B28 High Containment Continuity Laboratory (HCCL) is designed as a five-story building with a partial SSSB floor and a M2 mezzanine level above the M1 level. The HCCL facility has an expressed and solely dedicated purpose of providing high containment research and diagnostic space to supplement other CDC science programs.

Due to the uniqueness of this arrangement of program space, B28 only includes BSL-3E and BSL-4 high containment laboratories; the remainder of spaces are engineering and material support areas. Each floor of B28 serves a unique purpose, with most of the floors providing lab support functions.

All levels from SSSB to mechanical level, will be served by two service elevators. Front and back doors allow for some separation of people and clean and dirty services. There are two levels that include elevated slabs, the M1 (Mechanical) level has a mezzanine (M2), and the EMOSO (Engineering Maintenance and Operations Services Office) offices suite level is on an elevated portion (level SSBE) of the SSB level.

SSSB Level (Utility Entry)

SSSB Level (Utility Entry) includes a direct tunnel connection that serves as the primary staff, material and supplies entry into B28. This level also provides as the primary campus low voltage, chilled water, steam and condensate return utility entry via the campus utility tunnel. Corridors and connection will receive sealed concrete floors, latex painted CMU walls with aluminum rail protection, and latex painted exposed ceilings.

SSB Level (HCCL Support)

SSB Level (HCCL Support) includes a second and third direct tunnel connection. The SSB level include lab support functional areas: emergency generator room, main electrical and UPS rooms, entry low voltage rooms, incoming potable water room, incinerator room, effluent treatment suite, and B28’s support office suite for EMOSO on an elevated portion (level SSBE) of the slab. The floor slabs of this level will be designed to withstand the movement of various heavy pieces of equipment.

SB Level (EDS Piping)

SB Level (EDS Piping) does not include any connections to adjacent buildings. This floor is dedicated to house the effluent decontamination piping from the HCL floor located immediately above. This floor will provide an unobstructed inspection space for the EDS piping. Miscellaneous storage rooms and caged storage areas are provided along the perimeter; these storage areas will not be located directly below the HCL effluent piping.

B level (HCL)

B Level (HCL) includes the eight lab suites and a direct bridge connection to an adjacent building’s floor. Aside from a pair of select agent holding rooms, no other program areas other than high containment lab rooms are located on B level.

The floor, wall, and ceiling components comprising the bio-barrier will be cast-in-place reinforced concrete. The performance of the high containment concrete mixture will be specified to achieve compressive strength, low shrinkage, workability and smooth surface finish. Barrier walls will span from the structural floor slab to the underside of the structural ceiling slab. The floor-to-floor height for the high containment laboratories is intended to match that of the existing high containment lab (11 feet, for a 10-foot clear height).

The concrete forms are specified to be watertight, incorporate chamfer strips at all exterior corners, and use techniques to provide a ‘bug hole’ free surface for the application of epoxy finish coatings. Form strategies and ‘through-form’ products will be mocked-up for finish compatibility. Interior lab room partitions not serving as a bio-barrier will be single membrane paneling system.

High Containment Finishes:

High-gloss resinous flooring and special coatings will be applied to concrete and metal substrates to provide cleanable, durable, chemically resistant finishes.

Methyl-methacrylate (MMA) flooring.

Thermal-shock resistant resinous flooring (coordination with substrate required).

Epoxy resin wall and ceiling coatings.

Concrete surfaces will be prepared in the following manner:

o Concrete placement includes a robust floor flatness and vibration criteria.

o Floor surfaces will be shot blasted, and wall and ceiling surfaces will be sandblasted to expose cracks, bug holes, and voids. The sandblasting shall roughen the surfaces to ICRI CSI 3–5 profile for finishes adhesion.

1 Level (HEPA)

HEPA filters will be located immediately above the rooms they serve below to minimize duct runs from the bubble tight damper to the HEPA caisson. This floor will be connected to the M1 level above via a large opening in the M1 floor down the east west building axis to allow all ductwork to be distributed more easily through this large opening versus a multitude of floor penetrations. This level will also house support program areas around the perimeter. This level will have a unisex toilet, and one or more occupied enclosed spaces, including a BAS control room and a calibration storage room.

M1 level (Penthouse) and M2 Mezzanine Level

The floor will house mostly engineering components, such as supply and exhaust air systems, breathing air systems, chemical shower system, low pressure steam, humidification heat exchangers, etc. As noted under the HEPA level description above, the upper mechanical floor level is directly connected to the HEPA floor below via a large opening in the floor.

This level includes a mezzanine (M2), which is accessed by stair, supplemented by an equipment lift and serves the purpose of housing mechanical equipment.

The HCCL critical building components include but are not limited to the following:

The HCCL building will have a concrete bio-barrier, high performance special coatings, a distributed control system (DCS) for the control of laboratory functions/systems, air pressure resistant (APR) doors, autoclaves/sterilizers, advanced mechanical, electrical, and plumbing (MEP) system components, and access control systems. These systems and components will require extensive coordination, management, oversight and testing to ensure the proper installation and performance of the HCCL’s critical components or systems.

The concrete bio-barrier system will envelope the eight lab suites as well as segregate the individual suites from one another and further subdivide individual suites into pressure cells. The concrete bio-barrier includes the floor, ceiling, and walls (self-consolidating concrete) of the operational labs. The bio-barrier construction will require a coordination, planning and execution effort to ensure all penetrations and embeds from multiple subcontractors and suppliers, and application of special coatings, are installed such that each pressure cell meets the industry standard of a pressure decay test.

The Building 28 building automation system will include Distributed Control Systems (DCS) Shared Logic Controllers. An automation vendor (Integrator) will have full capability to engineer, fabricate and manage the installation of the automation system. The system will maintain and control temperature, cascading room pressures, APR door sequencing and logic control, and monitor laboratory engineering infrastructure equipment, such as effluent discharge system and chemical showers. The controls system will require technical management and oversight of controls integrator/manufacturer installing DCS system controlling mechanical system and integrating other building discipline components in a mission critical facility requiring precise operation to maintain safe operation.

The MEP systems includes, but is not limited to, the specialty components of breathing air compressors and piping, chemical shower mixing equipment and distribution piping, HEPA filters and associated ductwork distribution systems, biowaste piping and effluent cook tanks, incinerator and air pollution control equipment, emergency generators, and access controls featuring HID, biometric, and numeric keypad readers. The MEP system will require technical management to coordinate and execute installation efforts of multiple subcontractors to ensure successful operation over the facility lifecycle.

The full scope of work is found within the Statement of Work, Specifications, and Drawings which will be provided to those offerors selected to participate in Phase II and incorporated into any resultant contract.

Any changes to the Statement of Work, Specifications, or Drawings will be made via Amendment to the solicitation or Modification to the contract.

C.3 Submission of Health and Safety Plan

The successful offeror shall submit within 10 days of award a comprehensive Health and Safety Plan in accordance with the section entitled 3.1.9 Health and Safety Plan of the Scope of Work. The Notice to Proceed cannot be issued prior to the receipt of an acceptable Health and Safety Plan. Failure to submit a plan in a timely manner can result in a breach of contract.

Section D - Packaging And Marking

There are no clauses/provisions included in this section.

Section E - Inspection And Acceptance

FAR SOURCE TITLE AND DATE

52.246-12 Inspection of Construction (Aug 1996)

52.246-13 Inspection—Dismantling, Demolition, or Removal of Improvements (Aug 1996)

Section F - Deliveries Or Performance

FAR SOURCE TITLE AND DATE

52.236-15 Schedules for Construction (Apr 1984)

52.242-14 Suspension of Work (APR 1984)

F.1 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to –

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 1340 calendar days after receipt of the notice-to-proceed. The time stated for completion shall include final cleanup of the premises.

This clause is given as a preliminary estimate only and is subject to change in the Phase IIA Solicitation.

(End of Clause)

F.2 FAR 52.211-12 Liquidated Damages-Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $11,486.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

Section G - Contract Administration Data

G.1 HHSAR 352.232-71 Electronic Submission of Payment Requests (Feb 2022)

(a) Definitions. As used in this clause—

(1) “ Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

G.2 CDC0_G008 Contracting Officer’s Representative (COR) (Jul 2017)

Performance of the work hereunder shall be subject to the technical directions of the designated COR for this contract.

As used herein, technical directions are directions to the Contractor which fill in details, suggests possible lines of inquiry, or otherwise completes the general scope of work set forth herein. These technical directions must be within the general scope of work and may not alter the scope of work or cause changes of such a nature as to justify an adjustment in the stated contract price/cost, or any stated limitation thereof.

In the event that the Contractor believes full implementation of any of these directions may exceed the scope of the contract, he or she shall notify the originator of the technical direction and the Contracting Officer, immediately or as soon as possible, in a letter or e-mail separate of any required report(s). No technical direction, nor its fulfillment, shall alter or abrogate the rights and obligations fixed in this contract.

The Government COR is not authorized to change any of the terms and conditions of this contract. Contract changes shall be made only by the Contracting Officer by properly written modification(s) to the contract.

The Government will provide the Contractor with a copy of the COR delegation memorandum upon request.

G.3 CDCA.G009 Contracting Officer (Jul 1999)

(a) The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions, or other stipulations of this contract.

(b) No information, other than that which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

G.4 CDCA.G010 Contract Communications/Correspondence (Jul 1999)

The Contractor shall identify all correspondence, reports, and other data pertinent to this contract by imprinting thereon the contract number from Page 1 of the contract.

G.5 CDC0_G018 Payment by Electronic Funds Transfer (Feb 2018)

(a) The Government shall use electronic funds transfer to the maximum extent possible when making payments under this contract. FAR 52.232-33, Payment by Electronic Funds Transfer –System for Award Management, in Section I, requires the contractor to designate in writing a financial institution for receipt of electronic funds transfer payments.

(b) In the case that EFT information is not within the System of Award Management, FAR 52.232-34 requires mandatory submission of Contractor’s EFT information directly to the office designated in this contract to receive that information (hereafter: “designated office”); see below. The contractor shall submit the EFT information within the form titled “ACH Vendor/Miscellaneous Payment Enrollment Form” to the address indicated below. Note: The form is either attached to this contract (see Section J, List of Attachments) or may be obtained by contacting the Contracting Officer or the CDC Office of Financial Resources at 678-475-4510.

(c) In cases where the contractor has previously provided such information, i.e., pursuant to a prior contract/order, and been enrolled in the program, the form is not required unless the designated financial institution has changed.

(d) The completed form shall be mailed after award, but no later than 14 calendar days before an invoice is submitted, to the following address:

The Centers for Disease Control and Prevention Office of Financial Resources (OFR) P.O. Box 15580 Atlanta, GA 30333 Or – Fax copy to: 404-638-5342

G.6 CDCA_G021 Applicable Wage Rate Requirements (Construction) (May 2020)

“The General Decision No. GA20240305 specifies hourly rates of wages that shall be paid to laborers and mechanics employed or working at the site of the work, as defined in FAR 22.401. These rates have been determined by the Secretary of Labor in accordance with the provisions of the Construction Wage Rate Requirements Statute.

(End of Clause)

Note: The applicable wage determination for the project will be the most current version at the time of award. Any updates to the applicable wage determination prior to contract award will be incorporated into the solicitation and resultant contract via amendment to the solicitation.”

Section H - Special Contract Requirements

H.1 CDCA.H007 Subcontracting Plan (Jul 1999)

The Contractor’s subcontracting and sustainable acquisition plan, as negotiated, submitted in response to Solicitation 75D301-24-R-73060, is hereby incorporated into this contract by reference.

The subcontracting plan will be required with the Phase II Price Proposal.

(End of Clause)

H.2 CDCA_H009 Key Personnel (Jan 2021)

The key personnel cited below are considered essential to the work performed under the contract. Pursuant to the terms of HHSAR Clause 352.237-75, Key Personnel, the Contractor shall not replace or divert any of these individuals without the written consent of the Contracting Officer.

Personnel Title Construction Executive

Project Manager

Lead Project Engineer

Lead Superintendent

Quality Control Officer/Manager

Lead Scheduler

Safety Officer/Manager

Building Automation Controls Manager

MEP Coordinator

Biocontainment Consultant

Rock Blasting Consultant

Commissioning Agent Manager

Project BIM Manager

H.3 CDCA.H017 Availability and Use of Utility Services (Jul 1999)

In accordance with FAR 52.236-14, Availability and Use of Utility Services, the following utility services will be made available under the contract:

Metering and Payment of Utilities: The Contractor shall provide a meter on any Government furnished utility and the Government shall bear the utility consumption/usage cost of the Government furnished utility.

Metering of utilities is mandated for tracking the Government’s actual energy usage related to its campus operations.

Water: Yes. The Government shall provide the location of possible tie-in point(s) for the Contractor to coordinate and perform all work required to provide water and sanitary drain services for its project related needs. All required utility distribution and related work from the tie-in location is the responsibility of the Contractor. After tie-in, water will be available but will need to be metered and paid for as discussed above.

Electricity: Yes. The Government shall provide the location of possible tie-in point(s) for the Contractor to coordinate and perform all work required to provide electrical service for its project related needs. All required utility distribution and related work from the tie-in location is the responsibility of the Contractor.

After tie-in, electricity will be available but will need to be metered and paid for as discussed above.

Gas: No

Phone: No

Internet/Cable/Satelite/TV Service: No

Restroom Access: No

Waste Disposal: No

(End of Clause)

H.4 CDCA.H018 Minimum Required Insurance (Jul 2017)

In accordance with FAR Clause 52.228-5, Insurance, Work on a Government Installation, and the requirements of FAR section 28.307-2, Liability, the Contractor shall furnish a certificate of insurance of the following types and minimum amounts which shall be obtained and maintained during the entire period of performance of this contract:

(a) Workman’s Compensation and Employees Liability Insurance - as specified by applicable statute, but not less than $100,000;

(b) General Liability Insurance - Bodily Injury Liability - $500,000 per occurrence;

(c) Automobile Liability Insurance - $200,000 per person, $500,000 per occurrence bodily injury; $20,000 per occurrence property damage.

(d) Builder’s Risk Insurance – policy amount equal to the total cost of construction.

(End of Clause)

H.5 CDC0.H022 Smoke Free Working Environment (May 2009)

In compliance with Department of Health and Human Services (DHHS) regulations, all contractor personnel performing work within CDC/ATSDR facilities shall observe the CDC/ATSDR smoke-free working environment policy at all times. This policy prohibits smoking in all CDC/ATSDR buildings and in front of buildings which are open to the public. This policy is also applicable to contractor personnel who do not work full-time within CDC/ATSDR facilities, but are attending meetings within CDC/ATSDR facilities.

(End of Clause)

H.6 CDCA_H037 Observance of Legal Holidays and Administrative Leave (Government Facilities Performance) (Jul 2021)

(a) Holidays

Government personnel observe the following listed days as holidays:

Washington's Birthday Memorial Day Juneteenth Independence Day Labor Day Veterans' Day Thanksgiving Day

Christmas Day New Year's Day Columbus Day Martin Luther King Day

Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by Presidential proclamation

For purposes of contract performance, the Contractor shall observe the above holidays on the date observed by the Government. Observance of such days shall not be cause for an additional period of performance or entitlement to compensation except as otherwise set forth in the contract. No form of holiday or other premium compensation will be reimbursed; however, this does not preclude reimbursement for overtime work authorized in writing by the Contracting Officer.

(b) Unscheduled Facility Closures

In the event Government facilities are closed due to inclement weather, potentially hazardous or unsafe conditions, or other special circumstances, contractor personnel assigned to work within those facilities are automatically dismissed. Notwithstanding the terms herein, the contractor shall comply with any specific contract terms that require a level of ongoing support for critical operations during times of facility closure. The contractor may also continue to provide support under a scheduled telework arrangement in accordance with the terms of the contract if the contract expressly authorizes telework in writing.

(c) Cost Impact

Accounting for costs associated with an unscheduled facility closure is unique to each contract and depends upon a number of factors such as:

i) Contract type, e.g., Fixed Price, Time and Materials, or Cost Reimbursement.

ii) Contractor's established management and accounting practices for unproductive time.

iii) The inclusion and applicability of other contract terms & conditions.

iv) The ability of the contractor to mitigate costs by reassigning employees to work on other contracts, to work from a different facility, or to work remotely from home in accordance with contract telework provisions.

H.7 CDC37.0001 Non-Personal Services (Jun 2020)

(a) Personal services shall not be performed under this contract. Although the Government may provide sporadic or occasional instructions within the scope of the contract, the Contractor is responsible for control and supervision of its employees. If the Contractor (including its employees) 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 of this communication or action.

(b) The contractor shall comply with, and ensure their employees and subcontractors comply with, CDC Policy titled "Contractor Identification and Safeguarding of Non-Public Information". No Contractor employee shall hold him or herself out to be a Government employee, agent, or 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. The contractor is limited to performing the services identified in the contract statement of work and shall not interpret any communication with anyone as a permissible change in contract scope or as authorization to perform work not described in the contract. All contract changes will be incorporated by a modification signed by the Contracting Officer.

(c) The Contractor shall ensure that all of its employees and subcontractor employees working on this contract are informed of the terms and conditions herein. The Contractor agrees that this is a non-personal services contract; and that for all the purposes of the contract, the Contractor is not, nor shall it hold itself out to be an agent or partner of, or joint venture with, the Government. The Contractor shall notify its employees that they shall neither supervise nor accept supervision from Government employees. The substance of the terms herein shall be included in all subcontracts at any tier.

(d) The terms and conditions above do not limit the Government's rights under other terms of the contract, including those related to the Government's right to inspect and accept or reject the services performed under this contract.

H.8 CDCA_H042 Records Management Obligations (Jun 2020)

A. Applicability

The following applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes Centers for Disease Control and Prevention (CDC) records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their CDC contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C.

552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. CDC and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of CDC or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to the Contracting Officer and the Contracting Officer’s Representative. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment.

Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity.

When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to CDC control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and CDC guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with CDC policy.

8. The Contractor shall not create or maintain any records containing any non-public CDC information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take CDC-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

D. Flowdown of requirements to subcontractors

1. The Contractor shall incorporate the entire substance of the terms and conditions herein, including this paragraph, in all subcontracts under this contract, and must require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth herein will be attributed to the Contractor.

H.9 CDC42.0002 Evaluation of Contractor Performance Utilizing CPARS (Aug 2021)

In accordance with FAR 42.15, the Centers for Disease Control and Prevention (CDC) will review and evaluate contract performance. FAR 42.1502 and 42.1503 requires agencies to prepare evaluations of contractor performance and submit them to the Contractor Performance Assessment Reporting System (CPARS). The CDC utilizes this web-based system to prepare and report contractor performance evaluations. All information contained in these assessments may be used by the Government, within the limitations of FAR 42.15, for future source selections in accordance with FAR 15.304 where past performance is an evaluation factor.

The CPARS system requires a contractor representative to be assigned so that the contractor has appropriate input into the performance evaluation process. The CPARS contractor representative will be given access to CPARS and will be given the opportunity to concur or not-concur with performance evaluations before the evaluations are complete. The CPARS contractor representative will also have the opportunity to add comments to performance evaluations.

The assessment is not subject to the Disputes clause of the contract, nor is it subject to appeal beyond the review and comment procedures described in the guides on the CPARS website. Refer to: www.cpars.gov for details and additional information related to CPARS, CPARS user access, how contract performance assessments are conducted, and how Contractors participate. Access and training for all persons responsible for the preparation and review of performance assessments is also available at the CPARS website.

The contractor must provide the CDC contracting office with the name, e-mail address, and phone number of their designated CPARS representative who will be responsible for logging into CPARS and reviewing and commenting on performance evaluations. The contractor must maintain a current representative to serve as the contractor representative in CPARS. It is the contractor’s responsibility to notify the CDC contracting office, in writing (letter or email), when their CPARS representative information needs to be changed or updated. Failure to maintain current CPARS contractor representative information will result in the loss of an opportunity to review and comment on performance evaluations.

H.10 CDC0.H049 Non-Disclosure Agreement for Contractor and Contractor Employees (Jun 2020)

(a) The contractor and contractor employees shall prepare and submit Non-Disclosure Agreements (NDA) to the

Contracting Officer prior to access of government information or the commencement of work at CDC. *See Section J - Attachments 4 & 5*

(b) The NDAs, at Exhibit I and II, are required in service contracts where contractor’s employees will have access to non-public and procurement-sensitive information while performing functions in support of the Government.

The NDA also requires contractor’s employees properly identify themselves as employees of a contractor when communicating or interacting with CDC employees, employees of other governmental entities, and members of the public (when communication or interaction relates to the contractor’s work with the CDC). The Federal Acquisition Regulation (FAR) 37.114 (c), states “All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are Government officials, unless, in the judgment of the agency, no harm can come from failing to identify themselves. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.”

(c) The contractor shall inform contractor employees of the identification requirements by which they must abide and monitor employee compliance with the identification requirements.

(d) During the contract performance period, the contractor is responsible to ensure that all additional or replacement contractors’ employees sign an NDA and it is submitted to the Contracting Officer prior to commencement of their work with the CDC.

(e) Contractor employees in designated positions or functions that have not signed the appropriate NDA shall not have access to any non-public, procurement sensitive information or participate in government meetings where sensitive information may be discussed.

(f) The Contractor shall prepare and maintain a current list of employees working under NDAs and submit to the

Contracting Officer upon request during the contract period of performance. The list should at a minimum include: contract number, employee’s name, position, date of hire and NDA requirement.

H.11 Deemed Export

This contract may include information subject to the Deemed Export Rule. The contractor is responsible for fulfilling its requirements under the Deemed Export Rule and the Export Administration Regulations (EAR). The U.S. Department of Commerce, Bureau of Industry and Security (BIS), regulates the release of technology or source code to a foreign national under the EAR. The obligation to obtain an export license from BIS before releasing controlled technology to a foreign person is informally referred to as a deemed export. Deemed exports are described in 734.13(b) of the EAR.

BIS has prepared guidance to use in submitting license applications for foreign nationals pursuant to the deemed export rule. https://www.bis.doc.gov/index.php/documents/regulations-docs/2383-supplement-no-1-to-part-738/file

BIS also has a formal process for requesting an opinion about one’s obligations under the EAR, and that can be found in Parts 734.6 and 748.3 of the EAR.

Section I - Contract Clauses

Section I-1 - Clauses Incorporated By Reference

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): https://www.acquisition.gov.

FAR SOURCE TITLE AND DATE

52.202-1 Definitions (Jun 2020)

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020)

52.203-7 Anti-Kickback Procedures (Jun 2020)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020)

52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021)

52.203-14 Display of Hotline Poster(s) (Nov 2021) https://www.oig.dhs.gov/hotline

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Nov 2023)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

52.204-2 Alt II Security Requirements (Mar 2021) - Alternate II (Apr 1984)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-14 Service Contract Reporting Requirements (Oct 2016)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended,…