Sol_75N99025R00029.pdf

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14. METHOD OF SOLICITATION

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NORTH AMERICAN INDUSTRY

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08/15/2025 1500 ED

07/15/2025

+1 984 287 4386ANDREW GATHOGO

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INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75N99025R00029

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 56 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

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Bethesda, MD 20892-5711 9000 Rockville Pike Building 13, Room 2E-47 OD - Office of Research Facilities

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EFFECTIVE DATE

$25

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ITEM NO.

ADMINISTERED BY:

Andrew Gathogo National Institutes of Health OD - Office of Research Facilities 111 T. W. Alexander Drive Research Triangle Park Durham NC 27709 RFP - Fire System and Suppression Maintenance Services at National Institute of Environmental Health Sciences (NIEHS) at Research Triangle Park

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HEREIN, IS ACCEPTED AS TO ITEMS:

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XX

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ANDREW O. GATHOGO

. YOUR OFFER ON SOLICITATION (BLOCK 5),

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56 2 of

SECTION A - Solicitation/Contract Form

SECTION B - Supplies or Services/Prices

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

Fire System and Suppression Maintenance Services at National Institute of Environmental Health Sciences (NIEHS) at Research Triangle Park (RTP), NC. Contractor shall provide requested preventive maintenance and emergency response including necessary repair/replacement service, and inspections of the Government-owned SimplexGrinnell fire annunciator system, as well as the fire suppression systems.

ARTICLE B.2. PRICES/COSTS

Base Year September 30, 2025 - September 29, 2026

Item Supplies/Services Amount

Task 1. Fire Systems Repair and Fire Suppression Inspection, Testing and Maintenance $

Task 2. Fire System and Suppression Emergency Repairs & Installation

N/A

GRAND TOTAL:

Option Yr1 September 30, 2026 - September 29, 2027

Option Yr2 September 30, 2027 - September 29, 2028

Option Yr3 September 30, 2028 - September 29, 2029

Option Yr4 September 30, 2029 - September 29, 2030

Service Contract Act WD # 2015-4375 is applicable to this requirement - see attachment C for details.

SECTION C - Description/Specifications

Scope The Contractor shall furnish all necessary services and qualified technical personnel to perform all items included in this Performance Work Statement (PWS). The Contractor shall provide requested preventive maintenance and emergency response including necessary repair/replacement service, and inspections of the Government-owned SimplexGrinnell fire annunciator system, as well as the fire suppression systems.

The contractor shall furnish all necessary tools and inspection equipment to pursue the fulfillment of work performed under this PWS. The Contractor shall provide emergency service repair within 2hrs of notification, 24hrs per day, 7 days per week as requested.

Definitions The definitions listed below are the special terms and phrases used in this PWS or elsewhere in this contract document. For the purpose of the contract, all definitions will apply throughout.

Preventive Maintenance (PM): Scheduled checks and services, including, but not limited to, adjustments, cleaning, calibration, inspection and equipment servicing of installed equipment at intervals recommended by the manufacturer or industry standards to ensure proper and efficient operation with minimum breakdowns, deterioration, or other deficiencies. This includes maintaining equipment in a condition as near to the original design configuration, operation, and appearance as normal wear and age will allow.

Emergency Maintenance and Repair Service: The restoration of failed or failing Government-owned property to its intended capability or use. Repairs may be accomplished by replacement or restoration of component parts or materials that have deteriorated, worn out, or are broken and unable to perform to current prescribed standards. Contractor shall be on site to access problem within 2 hours from notification 24hrs per day, 7 days per week as requested.

Relocations: The Contractor, at the request of the Project Officer, shall provide the necessary services to relocate components covered by this contract. The Contractor shall re-install such components at the new location and assure the Project Officer that the components are operating at optimum capability. Whenever possible, the Contractor shall combine the preventive maintenance inspection with the installation of the components following relocation.

Quality Control: Actions taken by the Contractor to control the quality of services so that they meet the requirements of this contract.

Quality Control Plan: The plan developed by the Contractor, specifically for this contract, to assure compliance with the PWS. All measures taken by the Contractor to ensure that the quality of an end item service shall meet the contract requirements regarding timeliness, accuracy, appearance, completeness, consistency, and conformity to appropriate standards and/or specifications. This includes, but is not limited to, a written set of self-inspection checklists developed by the Contractor which comprehensively detects

6 months Option September 30, 2030 - 29, 2031 variations from the contract requirements; recording of work data; trend analysis; feedback and control systems for correcting deficiencies; and all necessary documentation to record findings.

Quality Assurance Surveillance Plan: The plan developed by the Government, specifically for this contract, to assure compliance with the contract.

Location of Work

Work shall be performed at NIEHS, at the following locations:

NIEHS NIEHS B110

111 TW Alexander Drive 105 TW Alexander Drive Durham, NC 27709 Durham, NC 27709

Specific Requirements

Task #1

FIRE SYSTEMS REPAIR AND FIRE SUPPRESSION INSPECTION, TESTING AND

MAINTENANCE

Maintenance and component replacement and/or repair of the central processing unit to include reprogramming of the system due to failure, replacement of circuit boards, and all components in the control panels, annunciator panels, transponders, power supplies, IAMs, ZAMs, DACTs, keyboards, monitors and peripheral devices associated with the system.

Peripheral devices include smoke detectors, heat detectors, duct detectors, electromagnetic releasing devices, pull stations, water flow switches, tamper switches, other devices monitoring sprinkler systems and all other initiating devices. Horns, strobes, audible devices, combination speaker/strobes, and all other notification appliances.

This provision covers labor to troubleshoot and diagnose system problems related to all covered devices.

This provision also includes labor, travel and vehicle charges for replacement and/or repairs associated with normal failures of covered devices. Labor included in this agreement will be provided 24hrs per day, 7 days per week as requested.

All system batteries and labor to replace shall be included.

See Attachment A of this PWS for a list of panels, workstations, pre-action, dry pipe and all other suppression systems for their respective locations and requirements of this contract.

See Attachment B for an approximate list of points associated to all fire panels on site. (This list is not an exact representation of the devices, only used to represent the size of the system to be maintained)

See Attachment C for a list of NFPA required inspections and testing for the pre-action, dry pipe, sapphire and hood suppression systems identified in attachment A

Task #2

FIRE SYSTEM and SUPPRESSION EMERGENCY REPAIRS

This task covers ALL out-of-scope emergency repairs and minor new installations.

(This task will be funded and performed on-as-needed basis.)

The contractor shall provide all services for fire suppression and life safety systems deemed out of scope of

Task #1 and includes Routine and emergency maintenance, repair, and replacement of system components and Minor new installations as required.

All work shall be performed in compliance with applicable industry standards, codes, and manufacturer specifications.

Personnel Qualifications/Certifications The Contractor shall provide qualified/trained personnel with experience in the repair and maintenance of the equipment. Technician shall have completed the Simplex 4100ES Operations, Maintenance and Programming (FA280) or equivalent. Personnel must be qualified to perform the required preventive maintenance services and repairs for all equipment. The Contractor shall submit personnel certifications for performing work on this type of equipment and resumes of the Contractor's personnel performing under this Contract when contract proposal is submitted.

All workmanship performed by the Contractor shall be of acceptable industry standard quality.

Contractor personnel shall be required to undergo an NIH Badge process in order to obtain access to the site. This process will be conducted by the Government at no cost to the Contractor.

During work after-hours, the Contractor personnel shall notify NIEHS Security at the Main Campus Security Operations Center (984-287-4500) before beginning any work and check out after the completion of work.

Parking for the Contractor's employees shall be in accordance with the NIEHS policies found at the following website:

https://junction.niehs.nih.gov/divisions/management/security/security_main/parking/index.htm Quality Assurance The Government shall monitor the contractor's performance under this contract and shall retain the right to perform unscheduled inspections, as it deems necessary. Furthermore, the Government retains all rights provided by the FAR (Federal Acquisition Regulations) clause entitled Inspection of Services Fixed Price and any other inspection clause, which may be specified in the contract.

QUALITY ASSURANCE SURVEILLANCE PLAN

Performance Standard Acceptable Quality Level Method of Surveillance Consequences of Non-Compliance Scheduled Preventative Maintenance

100% of the PMs are completed prior to the last working day of the month and closed out.

Random Project Officer Inspection, Planned Sampling

Contractor must complete PMs within one business day of noted discrepancy, invoice for monthly services may be suspended until all PMs are performed.

Emergency Repair Services

100% On site support provided within 2 hours of notification and the COR has been notified of the estimated replacement/repair date.

Random Project Officer Inspection and Customer Concerns

If response is not received 2 hours, and service is established with another contractor for this occurrence, Liquidated Damages may be assessed against the monthly invoice, and the contract file will be documented; the performance may also be reflected in the CPARS.

Invoice 100% Invoice should be submitted accurate, complete, and timely.

Random Project Officer Inspection, Planned Sampling

The contract file will be documented; the performance may also be reflected in the CPARS.

QUALITY ASSURANCE SURVEILLANCE PLAN DEFINITIONS

Five methods of quality assurance evaluation will be used. One or any combination of methods may be used to evaluate the Contractor's performance for any given service requirement.

The five methods are:

Random Sampling:

https://junction.niehs.nih.gov/divisions/management/security/security_main/parking/index.htm

Surveillance based on random sampling is designed to evaluate some part, but not all, of the contract requirement being monitored. This method, based on statistical theory, estimates the Contractor's overall level of performance for a given contract requirement. Using random sampling, any occurrence of a contract requirement is as likely to be evaluated as any other occurrence.

Planned Sampling:

Evaluation by planned sampling, like evaluation by random sampling, is designed to inspect some part but not all contract requirements being monitored. Occurrences of contract requirements that are to be monitored are selected for evaluation prior to their scheduled accomplishment.

100% Inspection:

One hundred percent inspection is that evaluation method that requires total, or 100%, inspection of a contract requirement.

Validated Complaints:

This method is based on customer awareness. Customers monitor the service provided by the Contractor.

When there is a case of poor or non-performance, the CO or the COR is notified. Upon notification, the COR or designee will investigate the report and, if it is found to be valid, will document it.

Unscheduled Inspection:

Unscheduled inspection is, as the name implies, impromptu and unannounced on-site evaluation of contract performance by authorized Government personnel as designated by the PO/COR.

Contractor's Quality Control Responsibilities General: The Contractor is responsible for the quality of all work performed. The Contractor measures that quality through the Contractor's own quality control plan (QC) program. QC is work output, not workers, and therefore includes all work performed under this contract regardless of whether the work is performed by contractor employees or by subcontractors. The Contractors QC Program will set forth the staffing and procedures for self-inspecting the quality, timeliness, responsiveness, customer satisfaction, and other performance requirements contained in this requirement.

The Contractor shall establish and maintain a complete Quality Control Program in accordance with FAR 52.246-1 ¿Contractor Inspection Requirements¿ and FAR 52.246-4 ¿Inspection of Services- Fixed Price¿ and the provisions of this section, to ensure that all services specified in this requirement are provided, to include their timeliness and level of quality. Contractor performed inspections are independent of those performed by the Government. The Contractor shall perform inspections prior to requesting acceptance of the work by the Government.

Quality Control Plan Contents: The Contractor shall document their Quality Control Program by preparing a Quality Control Plan. This Plan shall include, but is not limited to:

Management Philosophy: The Contractor's Quality Control Plan will discuss the organizations technical management philosophy relative to its commitment to quality.

Inspection System: The inspection system shall cover the services stated in this requirement and provide a method for identifying deficiencies and sub-standard performance in the quality of services performed before the level of performance becomes unacceptable. The inspection system shall also specify areas to be inspected on a scheduled basis and an unscheduled basis.

Contractor's Quality Control Representative: The name(s) of the individual(s) tasked to perform the quality control inspections (i.e., the Contractor's Quality Control Representative), their qualifications, and the extent of their authority. The Contractors Quality Control Representative shall be listed Section G ¿ ¿Key Personnel¿.

Quality Control Plan Submittal: Five (5) copies of the Quality Control (QC) Plan shall be provided to the COR for review and approval as to acceptability at the beginning of the contract and shall be updated thereafter as approved changes occur. The COR may grant an interim approval pending approval of the final Plan. The Contractor is responsible for all corrections as determined necessary by the Government.

Quality Control Plan Changes: Changes in the QC Plan shall be initiated by the Contractor as the need for changes are perceived; changes in the QC Plan may also be initiated by the Government if necessary.

Submittal of Changes: The Contractor shall provide a copy of proposed changes for the QC Plan to the COR within ten (10) working days after the changes have been identified.

Implementation of Changes: The changes shall be implemented within five (5) working days after approval by the COR, unless the COR delays or denies implementation of any required changes.

Quality Control Inspection File: An electronic and paper file shall be kept of all inspections conducted by the Contractor documenting all findings (including deficiencies and the action taken to correct those deficiencies. This documentation shall be available to the Government at all times during the term of the contract. These records shall become the property of the Government and shall be turned over to the COR upon completion or termination of the contract. A report of the monthly findings shall be submitted, as an attachment to the invoice, to the COR monthly or at whatever interval the COR determines necessary (i.e. bimonthly, quarterly, semiannually, etc.). Invoices received without the Quality Control Report (if/when a report is due) MAY be rejected.

Safety Precautions Depending on the type of repair or preventive maintenance to be performed - all systems, mechanical or electrical, that need to be deactivated shall be rendered inoperable. Prior to the deactivation of the system, the Contractor must notify the Project Officer as the NIEHS Lock-Out/Tag-Out program requirements may need to be used. The Contractor will then be notified by the Project Officer as to when they will be allowed to perform the necessary equipment maintenance.

Inspection and Acceptance Criteria The Project Officer and/or the Alternate Project Officer will monitor the Contractor's activities and accomplishments and will indicate acceptance or non-acceptance of the deliverables. The services and deliverables identified above will be inspected and either approved or, if they are not acceptable, rejected by the Project Officer and/or the Alternate Project Officer. Such inspections will occur within five days after the Project Officer or Alternate Project Officer receives the deliverables or after the service reports has been received.

Service Hours Normal service hours shall be provided during the NIEHS regular working hours of 8:00 am to 5:00 pm, Monday through Friday, excluding Government holidays (see below)

New Year's Day Martin Luther King's Birthday President's Day Memorial Day J Juneteenth Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day

Performance Period The period of performance shall begin on September 30, 2025, through September 29, 2026, and continue with four one-year optional renewal periods upon satisfactory performance.

Housekeeping The Contractor shall remove all trash, discarded parts, dunnage, and other material from work areas immediately after completion of any repair. Government-owned dumpsters may be used for disposal of this waste material. The general area shall be left in a clean and orderly condition free of any foreign material caused by the repair.

SECTION D - Packaging and Marking

SECTION E - Inspection and Acceptance

52.246-1 Contractor Inspection Requirements. (APR 1984)

52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

SECTION F - Deliveries or Performance

The period of performance of this contract shall be from 30 September 2025 through 29 September 2026.

ARTICLE F.1. PERIOD OF PERFORMANCE

a. The base period of performance of this contract shall be from 30 September 2025 through 29 September 2026.

b. If the Government exercises its option(s) pursuant to the OPTION PROVISION Article in Section H of this contract, the period of performance will be increased as listed below:

ARTICLE F.2. DELIVERABLES SCHEDULE

Deliverable Frequency Recipient Due Date Annual testing, inspection, and PM schedule

Annually COR 15 days after award and each option year renewal

Field service reports per site visit for service calls and testing/inspections

Each Occurrence COR Within 1 business day of service or testing/inspection

Quality Control Plan Contract Award COR/CO 30 days after contract start date Certificate of Insurance Within 30 days after award CO Within 30 days after award

Updated site as built after any modification to systems

Each Occurrence COR 30 days after modification is completed

SECTION G - Contract Administration Data

a. The Contractor must submit invoices to the Department of Treasury's Invoice Processing Platform (IPP) at https://www.ipp.gov with a copy to the approving official, as directed below.

b. Until the Contractor has transitioned to IPP as specified on the OALM IPP website, the Contractor must follow step-by-step instructions as stated in the NIH/ OFM Electronic Invoicing Instructions for NIH Contractors/Vendors, which is included as an attachment in Section J of this contract. The invoice submitted to the NIH/OFM must be transmitted as an attachment via email to the address listed above in one of the following formats:

Word, or Adobe Portable Document Format (PDF). The Contractor must submit only one

CLIN Performance Period Option Period 1 30 September 2026 - 29 September 2027 Option Period 2 30 September 2027 - 29 September 2028 Option Period 3 30 September 2028 - 29 September 2029 Option Period 4 30 September 2029 - 29 September 2030 invoice per email. Do not submit supporting documentation (e.g., receipts, time sheets, vendor invoices, etc.) with your invoice unless specified elsewhere in the contract or requested by the Contracting Officer.

c. The Contractor must submit invoices to the Department of Treasury's Invoice Processing Platform (IPP) at https://www.ipp.gov with a copy to the approving official, as directed below.

d. Until the Contractor has transitioned to IPP as specified on the OALM IPP website, the Contractor must follow step-by-step instructions as stated in the NIH/ OFM Electronic Invoicing Instructions for NIH Contractors/Vendors, which is included as an attachment in Section J of this contract. The invoice submitted to the NIH/OFM must be transmitted as an attachment via email to the address listed above in one of the following formats:

Word, or Adobe Portable Document Format (PDF). The Contractor must submit only one invoice per email. Do not submit supporting documentation (e.g., receipts, time sheets, vendor invoices, etc.) with your invoice unless specified elsewhere in the contract or requested by the Contracting Officer.

SECTION H - Special Contract Requirements

352.239-73 Electronic Information and Technology Accessibility Notice. (DEC 2015)

352.270-9 Non-Discrimination for Conscience. (DEC 2015)

INSURANCE

a. The Contractor shall, at his own expense, procure and maintain, during the entire performance period of this contract, insurance of at least the kinds and amounts set forth below:

1. Worker's Compensation and Employer's Liability Contractors are required to comply with applicable Federal and State worker's compensation and occupational disease statutes. Employer's liability coverage of at least $100,000 shall be required except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

2. General Liability Contractors are required to have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $2,000,000 per occurrence.

c. Automobile Liability Contractor The Contractor is required to have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

b. At all times during performance, the Contractor shall maintain with the Contracting Officer a current Certificate of Insurance showing at least the insurance required by the Schedule, and providing for thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage.

c. Current certificates of insurance shall be furnished by the Contractor to the Contracting Officer before starting work under the contract.

HEALTH AND SAFETY PLAN

The Contractor is responsible for safety at the construction or work site. The contractor is also responsible for preparation of a safety plan and for carrying out the safety plan. The contractor staff shall maintain conformance to the health and safety plan throughout the course of construction.

Contractor inspectors shall consider safety a key element of their daily inspections.

The Contractor is required to cooperate with officials of other agencies (Federal and/or state) who are vested with authority to enforce requirements of the Occupational Safety and Health Act. If required, the contractor will assist the Government in preparing accident and fire reports.

[The Contractor shall comply with the following NIH Health and Safety Requirements./The resultant contract will require the contractor to comply with the following NIH Health and Safety Requirements.]

WAIVER FROM NIH IMPOSED CONTRACTOR HEALTH AND SAFETY REQUIREMENTS

a. The Contractor may request a waiver from the requirements contained in the Contractor Health and Safety Requirements section. The waiver does not release the contractor, subcontractor, or any party associated with this contract from federal, state, and local health and safety requirements.

b. The following must be addressed used when requesting a waiver or a variance:

i. The request must state the specific Contractor Health and Safety Requirement to be waived. State the period of time the requested waiver will cover.

ii. Details as to why it is not possible or practical to comply with the requirement.

iii. The request must explain the impact on the Contractor operations and services if this waiver is not approved.

iv. Statement as to whether a waiver (total elimination of the requirement) or a variance (retaining the basic requirement but doing it differently) is being sought.

v. Explanation of the method the Contractor suggests using in lieu of the existing requirement and how it provides protection equal to or greater than the requirement under waiver review. The burden of proof rests with the requesting Contractor.

vi. The waiver request must be submitted to the NIH Contracting Officer, the NIH Contracting Officer Representative and DOHS Safety Officer (safety@nih.gov) prior to commencing services.

NIH REQUIRED SAFETY TRAINING MANDATE

1. As a minimum all Contractor and subcontractor personnel working at NIH shall be certified as having successfully completed the OSHA 10-hour General Industry Outreach class or OSHA 10-hour Construction Industry Outreach class. The OSHA 30-hour course can be substituted for the 10-hour course.

2. Proof of completion may be demonstrated through either: 1) the presentation of a bona fide student course completion card issued by the federal OSHA Training Institute; 2) or the presentation of documentation provided to an employee by a trainer certified by the Institute pending the actual issuance of the completion card.

3. Any card with an issuance date more than five (5) years shall not constitute proof of compliance with this requirement.

4. Any employee required to complete the safety and health course required under this section who has not completed the course shall be subject to removal from the worksite if the employee does not provide documentation of having completed such course by the fifteenth day after the date the employee is found to be in noncompliance.

NIH SAFETY PROFICIENCY REQUIREMENTS

1. Contractor Safety Program Assessment: The NIH is committed to providing a safe environment for its employees, guests, and patients. Safety, as demonstrated during previous contracts, may be used in the past performance evaluation of a Contractor. Contractors are required to enroll in the Contractor Safety Assessment Program (CSAP). The prime Contractor is responsible for ensuring that all subcontractors have completed the CSAP prior to beginning work at NIH. This program is used to assess Contractor's commitment to safety through a review of lagging and leading indicators. Contractors will be required to address program deficiencies prior to performing work.

The assessment process requires the following items:

i. Company Information

ii. Insurance Experience Modification Rate (EMR)

iii. General Liability Claims

iv. OSHA Citation History (previous three years)

v. Safety Program Elements

To enroll in CSAP: create an account at https://www.highwire.com/ and enter the requested information. There is no fee to complete the assessment. Upon completion of the assessment a certification will be available to download. The certificate must be provided to the NIH Contracting Officer Representative and NIH Contracting Officer.

2. As a minimum requirement, all Contractor and subcontractor personnel working at NIH owned or leased property shall be certified as having successfully completed the OSHA 10-hour General Industry Outreach course or OSHA 10-hour Construction Industry Outreach course. The OSHA 510 Occupational Safety and Health Standards for Construction or the OSHA 511 Occupational Safety and Health Standards for General Industry course can be substituted for the 10-hour OSHA class.

i. Proof of completion may be demonstrated through either: 1) the presentation of a bona fide student course completion card issued by an approved federal OSHA training provider; or 2) the presentation of documentation provided to an employee by a certified OSHA Outreach Instructor pending the actual issuance of the completion card.

ii. Employees shall be prepared to provide proof of training upon request.

iii. Any card with an issuance date more than five (5) years shall not constitute proof of compliance with this requirement.

iv. Any employee required to complete the safety and health course required under this section who has not completed the course shall be removed from the worksite until the required training is completed.

CONTRACTOR SUPERVISOR ORIENTATION

1. Prior to commencing work, ensure that all Contractor and subcontractor site supervisors, at any tier, have completed the NIH Contractor Supervisor Orientation. The time expended and any associated costs to attend the orientation (such as travel time, parking, and other expenses) are to be borne by the Contractor.

2. It is the responsibility of the Contractor and subcontractor to contact the DOHS Safety Officer to register each supervisor for orientation. Orientation must be completed prior to commencing contract services or the date that the supervisor is assigned to NIH. Contact the ORF Safety Officer ( safety@nih.gov ) or by phone (301) 496-2960 for the orientation schedule.

CONTRACTOR FULLY RESPONSIBLE FOR SITE SAFETY

1. The Contractor assumes full and sole responsibility for ensuring the safety of its personnel and sub-contractors.

The Contractor shall comply with all laws, regulations ordinances, and governmental orders pertaining to employee worksite safety in the performance of this contract. Nothing the NIH may do, or fail to do, with respect to safety in the performance of the scope of work shall relieve the Contractor of this responsibility.

2. The Contractor shall be responsible for employing appropriate safety measures and taking all other actions reasonably necessary to protect the life, health, and safety of the public and to protect adjacent and NIH-owned property in connection with the performance of the scope of work.

Personal protective equipment shall be selected for anticipated hazards and provided to the employee. Employees shall be instructed on the proper wear, maintenance, and limitations of the

PPE.

SELECTION OF CONTRACTOR SITE SAFETY AND HEALTH OFFICER

1. When the number of personnel on any shift is under 40 (including subcontractor employees), the Contractor's safety representative meeting the definition of 'Collateral Duty Safety Officer' as defined in Section titled 'SITE SAFETY AND HEALTH OFFICER' paragraph a) 2) CONTRACTOR SITE SAFETY AND HEALTH OFFICER shall be present on the project site.

2. For contractors with a total of 40 or more personnel (including subcontractor employees) on any shift, a Full-time Safety Professional as defined in Section titled 'SITE SAFETY AND HEALTH OFFICER' paragraph a) 1) CONTRACTOR SITE SAFETY AND HEALTH OFFICER shall be present on the project site.

3. At the discretion of the NIH Contracting Officer Representative or DOHS Safety Officer, the requirements for the Contractor Safety and Health Officer can be reviewed and action taken to decrease or increase the number of onsite Contractor safety representatives. However, the need for a Contractor Safety and Health Officer is required and will not be waived.

CONTRACTOR SITE SAFETY AND HEALTH OFFICER RESPONSIBILITIES

1. The responsibility for safety lies with the Contractor. Each Contractor shall appoint an individual(s) responsible for contract personnel safety. This individual(s) must be employed in a supervisory position, empowered by their employer to take corrective action; be present on the project while work is being performed; and spend the amount of time necessary to ensure the Contractor's compliance with safety requirements.

2. The Contractor Site Safety and Health Officer shall be primarily responsible for ensuring the safe work performed under this contract. Without limiting the generality of the foregoing, the Contractor Site Safety and Health Officer shall:

a. Review all subcontractor and sub-tier contractor's Site-Specific Accident Prevention Plan and Activity Hazard Analysis for compliance with applicable safety standards.

b. Perform or ensure that all Contractor, subcontractors and sub-tier contractors' employees have received a site-specific safety orientation prior to beginning work. Training will include discussion of the Site-Specific Accident Prevention Plan and Activity Hazard Analysis worksheets. This site-specific orientation is in addition to the NIH's Contractor Supervisor Safety Orientation course.

c. Regularly perform and document worksite inspections, assess hazards, and immediately correct any safety deficiencies, including those of any subcontractor. The Contractor shall specifically respond in writing to any substandard safety conditions or practices identified by the NIH.

Inspection records shall be maintained at the project site and be made available upon request by the NIH Contracting Officer's Representative or DOHS Safety Officer.

d. Immediately report all personnel injuries, vehicle accidents, near miss incidents, and property damage to the Contracting Representative and DOHS Safety Officer ( safety@nih.gov ).

Undertake a complete investigation of all accidents, injuries, illnesses, and near-misses (in the opinion of either the Contractor or NIH representatives) and implement corrective actions to prevent recurrence. Upon request, written findings shall be provided to NIH representatives.

e. Ensure appropriate safety meetings are held for all onsite employees, to include subcontractors.

Safety meetings shall be conducted to review past activities, plan for new or changed operations, review pertinent aspects of appropriate Activity Hazard Analyses, establish safe working procedures for anticipated hazards, and provide pertinent safety and health training and motivation.

1. Meetings shall be conducted at least once weekly for all workers.

2. Meetings shall be documented, including the date, persons in attendance, subjects discussed, and names of individual(s) who conducted the meeting. Documentation shall be maintained and copies furnished to the NIH on request.

f. Be responsible for the control, availability, and use of necessary safety equipment, including personal protective equipment and apparel for the employees.

g. A Contractor Site Safety and Health Officer not performing his/her duties in accordance with the contract clauses, shall be replaced by the Contractor, or at the NIH's discretion.

GENERAL OBLIGATIONS

The Contractor is responsible for accident prevention and worksite safety. This responsibility cannot be delegated to subcontractors, suppliers, the NIH, or other persons. To this end, the Contractor shall:

a. Promote a safe and healthy work environment.

b. Provide a Site Specific Accident Prevention Program.

c. Ensure subcontractors and employees are adequately trained in occupational safety and health topics relevant to the activities to be performed under this contract. This includes, but not limited communication and training of anticipated hazards (e.g. chemical, physical, biological, etc.).

Maintain documentation of the employee training, to include the date and subject taught and be prepared to present upon request.

d. Instruct all employees of safe work methods and practices when assigning work.

e. Ensure that employees have, use, and understand the limitations of the proper protective equipment and equipment for the services performed under the contract.

f. Ensure that all heavy equipment operators (i.e. lasers, heavy equipment, etc.) are properly qualified and trained on the specific piece of equipment in use. Such verification shall be readily available upon request.

g. Cooperate fully with the NIH and its representatives in connection with all matters pertaining to safety.

h. Conduct a documented orientation training session for new employees that includes at a minimum, a review of:

1. The Site Specific Accident Prevention Plan

2. Potential hazards in assigned work areas

3. Proper wear of required personal protective equipment

4. Methods to mitigate anticipated hazards

5. Emergency response procedures

i. Ensure that all of its subcontractors, suppliers delivering materials or services to the worksite, etc., are provided with a copy of this specification and are informed of their obligations regarding worksite safety under this requirement. Ensure that provisions are documented and available upon request.

ACCIDENT PREVENTION

a. The Contractor shall be responsible for correcting hazardous conditions and practices.

b. If it is determined there is an immediate threat of harm to anybody, the contractor shall:

1. Take immediate action to remove/safeguard personnel from the hazard and stabilize or stop work until corrective actions can be implemented to eliminate the hazard.

2. Immediately notify the NIH Contracting Officer's Representative and the DOHS Safety Officer via ( safety@nih.gov ) or by phone (301) 496-2960.

CONTRACTOR INJURIES AND ILLNESSES

1. Injury or illness resulting from work under this contract shall be reported to the NIH Contracting Officer Representative and DOHS Safety Officer ( safety@nih.gov ) within 24-hours of the incident.

2. For work conducted at remote locations where emergency medical service personnel are not capable of responding within 4-minutes, at least two persons shall be available at the work site at all times to render first aid and CPR. These personnel must have a valid certificate in first-aid and CPR from the U.S. Bureau of Mines, the American Red Cross, or equivalent verifiable training program. A minimum ratio of one such qualified person for every 25 employees shall be maintained throughout the project, but no less than 2 qualified persons at any time.

3. The Contractor is required to have and maintain at the worksite a first-aid treatment kit adequate for the anticipated hazards and number of personnel.

NIH RIGHTS

1. INSPECTIONS/INVESTIGATIONS

a. The NIH Contracting Officer Representative may, in any reasonable manner, observe and inspect the Contractor's safety and accident prevention procedures for all activities and personnel. This specifically includes, but is not limited to, the right to attend all safety meetings.

b. Upon request, the NIH Contracting Officer Representative shall receive copies of any safety inspection reports completed by the Contractor or anyone performing work for, on behalf of, or under the Contractor.

c. The NIH Contracting Officer Representative may, in any reasonable manner, observe or participate in any accident investigation conducted by the Contractor or anyone performing work for, on behalf of or under the Contractor. The NIH may also, at its sole discretion and in any reasonable manner, undertake its own accident investigation.

2. CORRECTIVE ACTIONS/STOP-WORK

a. The NIH Contracting Officer Representative shall have the right to direct the contractor to correct unsafe working conditions, including taking corrective action when unsafe working conditions are observed (i.e. lack of good housekeeping practices, use of equipment in obviously poor condition, failure to adhere to statutory OSHA regulations, etc.).

b. The NIH Contracting Officer Representative shall have the right to require the removal, from the project, any person, property, or equipment that, in the NIH's opinion, is deemed unsafe.

c. The NIH Contracting Officer Representative shall have the right to instruct the Contractor to immediately cease any action and/or stop work (or any action thereof) when any conditions exist that, in the NIH's opinion, constitutes an imminent danger or could result in serious harm.

d. The NIH Contracting Officer Representative shall have the right to suspend the work pending the completion of any accident/incident investigation, whether undertaken by the Contractor, the NIH, or other parties of interest.

e. The Contractor is responsible for costs, expenses, and other obligations paid or incurred, as a result of the Contractor or subcontractor's noncompliance with federal, state, or local safety regulations; or failure to comply with terms and conditions of this contract.

3. NIH'S ACTION/INACTION DOES NOT RELIEVE CONTRACTOR

Nothing the NIH may do, or fail to do, with respect to safety in the performance of the work shall relieve the Contractor of its responsibility to comply strictly with this Contract and all standards referenced in this document.

1. If the Contractor experiences repeated safety violations or fails to abate violations in a timely manner, the Contractor shall be subject to any of the following actions, at the Contracting Officer Representative or Contracting Officer's discretion:

a. Removal and replacement of management personnel.

b. Submitting a written safety recovery plan detailing what changes will be made to their safety program and a timeline as to when the changes will be implemented.

c. Hiring an independent health and safety consultant who shall audit the contractor's procedures and operations. The consultant shall compile a plan detailing what changes the contractor shall implement. This report shall be submitted to the NIH Contracting Officer's Representative.

d. Conduct a 'Safety Stand Down' (suspend all work or any action thereof).

e. Issue a cure notice notifying that the Contractor has failed to comply with a contract requirement and directing that the deficiency be 'cured' within a specified time period.

b. Costs incurred by the Contractor to abate hazards or to respond to actions noted in this Safety Performance Section shall not be considered a reason for extension of contract time or increase in costs to the Government.

HEALTH AND SAFETY REQUIREMENTS

The Contractor is responsible for safety at the construction or work site. The Contractor is also responsible for preparation of a safety plan and for carrying out the safety plan. The Contractor staff shall maintain conformance to the health and safety plan throughout the course of construction.

Contractor inspectors shall consider safety a key element of their daily inspections.

The Contractor is required to cooperate with officials of other agencies (Federal and/or state) who are vested with authority to enforce requirements of the Occupational Safety and Health Act (last updated June 12, 2002) at: https://www.osha.gov/laws-regs/oshact/completeoshact. If required, the Contractor will assist the Government in preparing accident and fire reports.

The Contractor shall comply with the NIH Health and Safety Requirements as applicable to the work being performed.

SECTION I - Contract Clauses

32.905 Payment documentation and process.

52.204-7 System for Award Management. (NOV 2024)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020)

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

52.204-26 Covered Telecommunications Equipment or Services-Representation. (OCT 2020)

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (SEP 2023)

52.217-5 Evaluation of Options. (JUL 1990)

52.217-8 Option To Extend Services. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

52.217-9 Option To Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.

(End of clause)

52.222-1 Notice to the Government of Labor Disputes. (FEB 1997)

52.224-1 Privacy Act Notification. (APR 1984)

52.224-2 Privacy Act. (APR 1984)

52.228-5 Insurance - Work on a Government Installation. (JAN 1997)

52.229-2 North Carolina State and Local Sales and Use Tax. (APR 1984)

52.229-3 Federal, State, and Local Taxes. (FEB 2013)

52.232-25 Prompt Payment. (JAN 2017)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023)

52.245-1 Government Property. (SEP 2021)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services.