Solicitation - 75N99020R00033.pdf

RFP TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION D - PACKAGING, MARKING AND SHIPPING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PART II - CONTRACT CLAUSES

SECTION I CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION M - EVALUATION FACTORS FOR AWARD

PART I - THE SCHEDULE

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

CONTRACT RESULTING FROM THIS SOLICITATION WILL INCLUDE IN ITS SECTION A -

SOLICITATION/CONTRACT FORM, ACCOUNTING, APPROPRIATION AND GENERAL INFORMATION APPLICABLE TO

THE CONTRACT AWARD.

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

CONTRACT.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The Contractor shall provide all labor, materials, supplies, supervision, equipment, and related services (except when Government furnished) to perform roof full replacement, restoration, maintenance, and repair for the National Institute of Environmental Health Sciences in Research Triangle Park, NC in accordance with (IAW) the attached Statement of Work.

ARTICLE B.2. PRICES

a. This is an Indefinite-Delivery Indefinite-Quantity contract as contemplated by FAR

16.504. The Contractor shall be reimbursed by the Government in an amount not less than a total of $100,000 (minimum) nor more than a total of $35,000,000 (maximum) for successful performance of this contract.

b. The prices set forth in this ARTICLE will cover the contract period 09/01/2020 through 08/31/2025.

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

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

ARTICLE B.3. OPTION PRICES

a. Unless the Government exercises its option pursuant to the option clause referenced in ARTICLE I.3. ADDITIONAL CONTRACT CLAUSES, or ARTICLE I.4. ADDITIONAL FAR CONTRACT CLAUSES INCLUDED IN FULL TEXT, this contract consists only of the Base Period specified in the Statement of Work as defined in SECTIONS C and F, for the price set forth in ARTICLE B.2. of this contract.

b. Pursuant to FAR Clause 52.217-9 set forth in ARTICLE I.4. ADDITIONAL FAR CONTRACT CLAUSES INCLUDED IN FULL TEXT of this contract, the Government may, by unilateral contract modification, require the Contractor to perform the Option Period(s) specified in the Statement of Work as defined in SECTIONS C and F of this contract. If the Government exercises this/these option(s), notice must be given before the expiration date of the contract. Specific information regarding the time frame for this notice is set forth in the OPTION PROVISION Article in SECTION H of this contract. The total maximum amount as identified in ARTICLE B.2. PRICES will not change, though the Contractor will be eligible for task order awards within that option period.

c. At the time of each option exercise, the Government will incorporate updated Wage Determinations as necessary. The Wage Determinations that will be used will be the most current Wage Determinations at the time of the option exercise. All future task order pricing will utilize the updated Wage Determinations. Any existing task orders with periods of performances that end after the option period begins will continue to use the Wage Determination that was included at the time of award of the individual task order.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. DESCRIPTION-SPECIFICATION-STATEMENT OF WORK

Independently and not as an agent of the Government, the Contractor shall be required to furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the Statement of Work, dated 05/13/2020, attached hereto and made a part of this Solicitation (See SECTION J

- List of Attachments).

ARTICLE C.2. REPORTING REQUIREMENTS

All reports required herein shall be submitted in electronic format. The contractor shall provide weekly progress reports via email to the COR identified on the individual task order. If the contractor has multiple task orders, each individual task order will require a separate weekly progress report.

All electronic reports submitted shall be compliant with Section 508 of the Rehabilitation Act of 1973. Additional information about testing documents for Section 508 compliance, including specific checklists, by application, can be found at:

http://www.hhs.gov/web/508/index.html under "Helpful Resources."

All paper/hardcopy documents/reports submitted under this contract shall be printed or copied, double-sided, on at least 30 percent post-consumer fiber paper, whenever practicable, in accordance with FAR 4.302(b).

ARTICLE C.3. NIH LOCATIONS

Task orders under this contract will be performed at the NIH Research Triangle Park, NC location.

SECTION D - PACKAGING, MARKING AND SHIPPING

All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and Contractor name. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.

SECTION E - INSPECTION AND ACCEPTANCE

ARTICLE E.1. INSPECTION AND ACCEPTANCE INFORMATION

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

b. For the purpose of this SECTION, The COR identified on the individual task order is the authorized representative of the Contracting Officer.

c. Inspection and acceptance will be performed at:

National Institutes of Health Research Triangle Park Campus 111 T.W. Alexander Drive Research Triangle Park, NC 27709 or

At the location identified in the individual task order.

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

ARTICLE E.2. FAR CLAUSES INCORPORATED BY REFERENCE

The following FAR Clauses are hereby incorporated by reference (see FAR Clause 52.252-2 for address the full text of the clause may be accessed):

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

SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. PERIOD OF PERFORMANCE

a. The period of performance of this contract shall be from 09/01/20 – 08/31/25.

b. The base period of performance is 09/01/20 – 08/31/21.

c. 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:

Option Option Period Option Year 1 09/01/21 through 08/31/22 Option Year 2 09/01/22 through 08/31/23 Option Year 3 09/01/23 through 08/31/24 Option Year 4 09/01/24 through 08/31/25

ARTICLE F.2. FAR CLAUSES IN FULL TEXT

FAR Clause 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 the date identified in the individual task order. The time stated for completion shall include final cleanup of the premises.

(End of clause)

FAR Clause 52.211-12 Liquidated Damages-Construction (Sep 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 identified in the individual task order 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)

ARTICLE F.3. FAR CLAUSES INCORPORATED BY REFERENCE

The following FAR Clauses are hereby incorporated by reference (see FAR Clause 52.252-2 for address the full text of the clause may be accessed):

FAR Clause 52.211-13 Time Extensions (Sep 2000) FAR Clause 52.236-15 Schedules for Construction Contracts (Apr 1984) FAR Clause 52.242-14 Suspension of Work (Apr 1984) FAR Clause 52.247-34 F.o.b. Destination (Nov 1991)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1. GOVERNMENT PERSONNEL

G.1.1. Contracting Officer (CO)

The Contracting Officer for this contract is:

Name: Daniel Burk Phone: 984-287-4385 Email: daniel.burk@nih.gov

Only the Contracting Officer has authority to: (1) increase or decrease the contract amount through a written modification; (2) direct or negotiate any changes; (3) modify or extend the period of performance; (4) change the schedule of completion; (5) authorize payment under this contract; (6) otherwise modify any terms or conditions of this contract.

G.1.2. Contracting Officer's Representative (COR)/Project Officer (PO)

The Contracting Officer's Representative (COR)/Project officer (PO) for this contract is:

Name: Matthew Hunt Phone: 984-287-4367 EMAIL: matthew.hunt@nih.gov

The COR/PO is responsible for: (1) monitoring the contractor's process including surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements:(2) interpreting scope of work;(3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract;

and (5) assisting the contractor in resolution of technical problems encountered during performance.

For guidance from the COR/PO to be valid, it shall: (1) be consistent with the description of work set forth in this contract; (2) not constitute new assignment of work or changes to the expressed terms, conditions, or specifications incorporated into this subcontract; (3) not constitute a basis for an extension to the period of performance or contract completion schedule; and (4) not constitute a basis for any increase in the contract price.

G.2. CONTRACTOR PERSONNEL REQUIREMENTS

G.2.1. Personnel and Supervision: The Contractor shall furnish supervisory, administrative, and direct personnel to accomplish all work required. The Contractor may not hire persons whose employment would result in a conflict with NIEHS' Rules While on Institute Property.

Adequate and competent supervision shall be provided for all work performed by the Contractor’s employees to ensure performance and accomplishment in accordance with this specification. Supervisory tasks shall include, but not be limited to, the following representative types of activities:

G.2.2.1 Providing an adequate labor force.

G.2.2.2 Training personnel to properly perform their work.

G.2.2.3 Providing access to areas otherwise secured or restricted.

G.2.2.4 Preventing general carelessness in cleaning operations and instructing employees to abide by safety rules and regulations.

G.2.2.5 Preventing wasteful practices in connection with Government-furnished utilities.G.2.2.6 Insuring appropriate employee attire and identification.

G.2.2.7 Instructing employees in all campus policies such as no-smoking, parking, traffic, security, etc.

G.2.2. Key Personnel: A resume is required for any designated key personnel.

The contract shall provide and maintain in the spaces below, the names and phone numbers of key personnel. The personnel shall be reachable by phone during working hours. When contractor's first available key personnel selection becomes unavailable to render services, the contractor is responsible for providing a back-up with equal or greater knowledge and experience in the field of the work to be performed in the statement of objectives covered above as covered under this contract. At least one of the key personnel MUST be point the of contact for Quality Control (i.e. Quality Control Manager/Officer) or some other person whose primary responsibility is contract Quality Control.

KEY PERSONNEL

NAME PHONE NUMBER E-MAIL ADDRESS

1.

2.

3.

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

The following are considered key personnel and are required at all times throughout the contract period: On Site Project Manager, Alternate/Assistant Project Manager, Quality Control Representative. Written notification shall be submitted in advance of absences such as vacations, scheduled medical absences, training, or other required absences. Included in the notification will be the replacement person and duration of the absence. This position must be manned with qualified personnel at all times.

G.2.3. Controlled Entry: The NIEHS Campus Facility is secured by a card reader security system. All employees must use an identification card/key to obtain access to the workplace.

The Contractor shall comply with all NIEHS site security policies.

G.2.4. Uniforms and Contractor Provided Identification: All Contractor employees shall be clearly identifiable no later than the time specified by the Project Officer or otherwise, no later than ten working days from the date a new employee starts work. At a minimum, identifiable information shall include the Contractor's name, easily identifiable and the contractors' employee name.

G.2.5. Damages Caused by the Contractor: The Contractor shall be held accountable and liable to the Government for any damages to Government facilities, fixtures, furnishings, equipment, or grounds caused by the Contractor or its employees due to negligence.

G.2.6. Emergency Work: The Contractor shall respond to emergency calls occurring during and after the contractor’s regular work hours, including evenings, weekends, and holidays.

G.3. INVOICING INSTRUCTIONS

A. SEND ORIGINAL INVOICES SIMULTANEOUSLY TO THE FOLLOWING ADDRESSES:

1. Email to: ORFOAInvoice3Way@mail.nih.gov (Note: Do not send e-mail correspondence to this address)

2. Mail to: National Institutes of Health Office of Financial Management Commercial Accounts

2115 East Jefferson Street, Room 4B-432, MSC 8500 Bethesda, MD 20892-8500

Failure to send invoices to both addresses simultaneously may result in the invoice being delayed or rejected

B. CHECKING THE STATUS OF INVOICES

Vendors may call the Chief, Accounts Payable Section, OFM (301) 496-6088 to check the status of their invoice.

C. HOW TO EMAIL IN THE INVOICE TO OFFICE OF ACQUISITIONS

NOTE: Vendors must also mail an original to the Office of Financial Management

1. Please scan your invoice along with the necessary backup documentation (not to exceed 30MB) as one single attachment.

2. Save your invoice attachment in the following format: YourVendorName_Invoice number (e.g., if your Vendor name is AE Construction Inc. and you are submitting Invoice 123456, Save your invoice attachment as 'AEConstruction_Invoice 123456')

Note: Please do not use special characters such as (#$%*&!) when saving your attachment.

3. Send an email with your invoice attached (invoice and all supporting backup as one attachment) to our invoice processing email distribution mailbox:

ORFOAInvoice3Way@mail.nih.gov In the subject line of your email, please use the same format ‘YourVendorName_Invoice number’. (e.g., AEConstruction_Invoice 12345)

4. You will receive an automated email reply confirming that our Invoice processing received your invoice for processing. If you do not receive an email notification within 24 hours, it indicates that we did not receive your invoice for processing. In which case double check (1) that your email contained the scanned attachment of your invoice and that (2) you sent it to our inbox at ORFOAInvoice3Way@mail.nih.gov. Only resend an invoice if you have not received an email confirmation within 24 hours. If you have any questions or concerns, please call the Intake Center at 301-402-0878.

D. INVOICE REQUIREMENTS

1. Name and Address of the Vendor (use information from Line #7 of OF 347)

2. Name of the Office of Acquisitions (Office of Research Facilities)

3. Invoice Date

4. Unique Invoice Number which can only be used one time regardless of the number of contracts or orders held by an organization (or business unit identified by a separate DUNS or DUNS+4 number), regardless if the invoices are being issued out of separate locations

5. NIH contract award number and, if applicable, order number and modification number

6. Requisition Number, Line Item number

7. Vendor Identification Number (VIN)

8. Identify “3- Way Match”

9. Contracting Officer’s name

10. Contracting Officer’s Representative’s name

11. Description, quantity, unit of measure, unit price, and extended unit price of supplies or services. Use the exact description from the contract, otherwise payment may be delayed or rejected

12. Name and mailing address for payment purposes. Use the ACH information on record.

13. Name, title, telephone number, and mailing address of person to be notified in the event of a defective invoice

14. DUNS number or DUNS+4 that identifies the Contractor’s name and address exactly as stated on the face page of the contract.

15. Schedule of Values (for construction projects)

16. Work Request Number

17. Include other documents as required by contract

18. If the invoice is the final invoice, mark “final invoice” and submit release of claims.

“Sample Contractor Release of Claims

Pursuant to the terms of Contract Number: (Insert Contract Number Here) and in consideration of the payment of the sum of (Insert total contract value of all payments received and requested), which is paid herewith or which will be paid under the terms of said contract to (Insert your business name here). (Business name hereinafter called the Contractor), the Contractor and its assignees and/or successors, if any, upon receipt of the aforesaid sum, hereby releases and discharges the United States of America, its officers, agents, and employees of and from all liabilities, obligations, claims and demands whatsoever arising from or made under Contract (Insert Contract Number Here).

CONTRACTOR AUTHORIZED REPRESENTATIVE DATE

TITLE”

G.4. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

(a) Contractor Performance Evaluations

Interim and Final evaluations of Contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. The Final performance evaluation will be prepared at the time of completion of work. In addition to the Final evaluation, Interim evaluation(s) will be prepared annually.

Interim and Final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement. If agreement cannot be reached between the parties, the matter will be referred to an individual one level above the Contracting Officer, whose decision will be final.

Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

(b) Electronic Access to Contractor Performance Evaluations

Contractors may access evaluations through a secure web site for review and comment at the following address:

http://www.cpars.gov

SECTION H - SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.1. 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.

3. Automobile Liability

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. The Contractor shall also require all first-tier subcontractors who will perform work on a Government installation to procure and maintain the insurance required by the Schedule during the entire period of their performance. The Contractor shall furnish (or assure that there has been furnished) to the Contracting Officer a current Certificate of Insurance meeting the requirements of 1. above for each such first-tier subcontractors, at least five

(5) days prior to entry of each subcontractor's personnel on the Government installation.

d. Current certificates of insurance shall be furnished by the Contractor and first tier subcontractor(s) to the Contracting Officer before starting work under the contract.

ARTICLE H.2. 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 Statement of Work and all other contractual requirements.

ARTICLE H.2.1. Contractor Requirements

a. The contractor shall comply with applicable Occupational Safety and Health Administration (OSHA) Regulations and Specification Section 10 35 26, Governmental Safety Requirements.

b. Each contract employee is responsible for complying with applicable safety and occupational health requirements, wearing prescribed safety and health equipment, reporting unsafe conditions/activities, and avoiding actions and conditions that may result in an accident.

c. The contractor will not begin work authorized under this contract, except for authorized preliminary activities (i.e. mobilization), without first submitting for review each deliverable specified in this Contractor Health and Safety Requirements Section. Copies of each deliverable must be provided to the NIH Contracting Officer Representative (COR) and HSB Safety Officer ( om-hsb@niehs.nih.gov).

d. Prior to Notice to Proceed, but no later than 14-working days before the project start date, the contractor's Project Manager and NIH COR shall meet to review and discuss the safety requirements of this contract. The contractor's Project Manager is responsible for coordinating the meeting arrangement.

e. The contractor and all subcontractors must have a confined space program on file and demonstrate that this program meets OSHA requirements. The contractor and all subcontractors must assure safe access for all employees as well as on-site OSHA confined space audits.

ARTICLE H.2.3. NIH required Safety Training Mandate

a. 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.

b. 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.

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

d. 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.

ARTICLE H.2.4. Contractor Supervisor Orientation

a. Prior to commencing work, ensure that all contractor and subcontractor site supervisors at any tier have completed the required Safety 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.

b. It is the responsibility of the contractor and subcontractor to contact the HSB Safety Officer to register each supervisor for orientation. Class registration should be scheduled at least 14-working days prior to the project start date, or the date that the supervisor is assigned to NIH.

Contact the HSB Safety Officer (om-hsb@niehs.nih.gov) or by phone (919) 541-3384 for the orientation schedule.

ARTICLE H.2.5. Deliverables

a. All deliverables required under this Contractor Safety and Health Section must be provided to the NIH Contracting Officer Representative (COR) and HSB Safety Officer (om-hsb@niehs.nih.gov). All deliverables shall be submitted at least 14-working days prior to the commencement of work activities. The deliverables must be in either MS Word or Adobe Acrobat format.

b. Acceptance of a deliverable by the NIH indicates only that the Government has received the item. Acceptance of a deliverable does not waive or lessen any contract requirements or the contractor's obligation to meet all contract requirements and correct any later discovered deficiencies.

c. Delays caused by failure to timely submit the required documentation shall not be considered a reason for extension of contract time or increase in costs to the Government.

d. Contractor shall provide submittals in accordance with Specification Section 01 35 26, Governmental Safety Requirements.

ARTICLE H.2.6. Contractor Fully Responsible for Site Safety

a. The contractor assumes full and sole responsibility for and shall comply with all laws, regulations, ordinances, and governmental orders pertaining to employee worksite safety in the performance of this contract. 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.

b. The contractor shall be solely and completely responsible for the safety of all workers, NIH employees, public and NIH property in performance of the scope of work. This requirement shall apply at all times while work is being performed under this contract and is not limited to only normal working hours. Nothing the NIH may do, or fail to do, with respect to safety in the performance of the scope of work shall relieve contractor of this responsibility.

ARTICLE H.2.7. Selection of Contractor Site Safety and Health Officer

a. When the number of personnel on any shift is under 40 (including subcontractor employees), the contractor's safety representative will meet the definition of "Collateral Duty Safety Officer" as defined herein for each shift.

b. For contractors with a total of 40 or more personnel (including subcontractor employees) on any shift, a Full-time Safety Professional as defined above shall be required for each shift.

c. At the NIH Contracting Officer Representative's (COR's) discretion, the requirements for the contractor Site Safety and Health Officer can be reviewed, and action can be taken to decrease or increase the number of Officers onsite. However, the need for a Site Safety and Health Officer is required and will not be waived.

ARTICLE H.2.8. Contractor Site Safety and Health Officer Responsibilities

a. The responsibility for safety lies with the contractor. Each contractor shall appoint an individual(s) responsible for safety on each contract. 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.

b. The Contractor Site Safety and Health Officer shall be primarily responsible for ensuring contractor's compliance with the safety requirements including but not limited to those provided in this Section. Without limiting the generality of the foregoing, the Contractor Site Safety and Health Officer shall:

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

2. 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 Activity Hazards Analysis reports. This site-specific orientation is in addition to the NIH's Contractor Supervisor Orientation course.

3. Perform and document worksite inspections, assess and immediately correct any substandard safety conditions or practices, 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 Representative (COR) or HSB Safety Officer.

4. Immediately report all injuries to personnel, vehicle accidents, near miss incidents and property damage. Undertake a complete investigation of all accidents, injuries, illnesses and implement corrective action to prevent a recurrence. Provide written findings within 24-hours to both the NIH COR and HSB Safety Officer (om-hsb@niehs.nih.gov).

5. 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 Analysis, establish safe working procedures for anticipated hazards, and provide pertinent safety and health training and motivation.

i. Meetings shall be conducted at least once a month for all supervisors at the project location and at least once a week for all workers by supervisors or foremen.

ii. 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 shall be furnished to the NIH on request.

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

c. A Contractor Site Safety and Health Officer not performing his/her duties in accordance with this Section, shall be replaced without the NIH's advanced written approval. The contractor shall notify the NIH COR when this person cannot be on duty while work is being performed and shall submit the name(s) and qualifications of the individual assigned to perform said duties.

ARTICLE H.2.9. Site Safety and Health Officer Definitions

a. HSB SAFETY OFFICER

An employee of the NIEHS who is responsible for management of the NIEHS Safety Program.

b. NIH CONTRACTING OFFICER REPRESENTATIVE (COR)

An employee of the NIH or designated representative who conducts and monitors jobsite inspections and verifies contractor compliance with identified corrective actions.

c. CONTRACTOR

The General Contractor contracted with NIH.

d. CONTRACTOR SITE SAFETY AND HEALTH OFFICER

The Contractor Site Safety and Health Officer(s) will be categorized as either a Full-time Safety Professional or a Collateral Duty Safety Officer based on the scope and size of the project.

1. Full-time Safety Professional qualifications include:

i. He/She shall have no other duties.

ii. An individual possessing a minimum of five (5) years progressive experience managing safety programs on large projects comparable to this contract in scope and complexity.

iii. Be knowledgeable concerning all federal, state, and local regulations applicable to construction and industrial safety.

iv. Possess "Competent Person" certification in safety disciplines related to the work performed and possess verifiable training. This individual shall also be responsible for identifying "Competent Persons" required by state and federal safety standards for which they are not certified.

v. Have successfully completed the OSHA 500 Safety & Health Course. This requirement may be waived in lieu of a safety and health degree or professional safety or industrial hygiene certification (i.e. CSP or CIH).

vi. Be trained in, and possess current certification for, CPR and First Aid.

vii. Be capable of performing accident investigations and developing a concise report.

viii. Is proficient in the development and presentation of "tool box" meetings and safety training.

2. Collateral Duty Safety Officer qualifications include:

An individual assigned to perform safety functions on any contract not requiring a Full-time Safety Professional. This can be a collateral duty position held by a supervisor.

i. Possess a minimum five (5) years progressive experience in their trade.

ii. Be knowledgeable concerning all federal, state, and local regulations applicable to safety.

iii. Have successfully completed the OSHA 30-hour Safety & Health Course.

iv. Possess "Competent Person" certification in safety disciplines related to the work performed and possess verifiable training. This individual shall also be responsible for identifying "Competent Persons" required by state and federal safety standards for which they are not certified.

v. Be trained in, and possess current certification for, CPR and First Aid.

vi. Possess verifiable training and be capable of performing accident investigations and developing a concise report.

vii. Possess verifiable training in the development and presentation of "tool box" meetings and safety training.

ARTICLE H.2.10. 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 employees are adequately trained in occupational safety and health topics relevant to the activities to be performed under this contract. Maintain documentation of the employee training, to include the date and subject taught.

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

e. Ensure that employees have and use the proper protective equipment and tools for the job.

f. Ensure that all heavy equipment operators (i.e. cranes, loaders and forklifts) are properly qualified and trained on the specific piece of equipment in use.

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

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

1. Potential hazards in the work areas

2. Required personal protective equipment and apparel

3. Methods to mitigate hazards as appropriate

4. Emergency response relevant to the area

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.

ARTICLE H.2.11. Accident Prevention

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

When more than one contractor is working within a job site, any project management personnel shall have the authority to prevent physical harm or significant property damage.

b. If it is determined there is "Imminent Danger" the contractor shall:

1. Take immediate action to remove/safeguard workers 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 Representative (COR) and then the ORF Safety Officer.

3. Each worker shall immediately report any condition known, or suspected to be, unsafe or unhealthy to the Contractor Site Safety Officer. If there is no resolution of the concern at that level, the employee shall report the concern to the NIH COR.

ARTICLE H.2.12. Contractor Injuries and Illnesses

a. Ensure prompt medical treatment is administered to any injured or ill employee. At the NIH Bethesda Campus, contractor injuries and illnesses should be treated by the Occupational Medical Service (Building 10, 6th Floor, Room 6C306, phone 301-496-4411). Injuries and illnesses other than those suffered at the NIH Bethesda Campus should be administered by third-party provider arranged for by the contractor.

b. In all cases, an injury or illness resulting from work under this contract shall be reported to the NIH Contracting Officer Representative (COR) and HSB Safety Officer (om-hsb@niehs.nih.gov) within 24-hours of the incident.

c. For work conducted at remote locations where emergency medical service personnel are not capable of responding within four (4) minutes, at least one person shall be available at the work site at all times to render first aid. This person must have a valid certificate in first-aid training 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.

ARTICLE H.2.13. NIH Rights

a. INSPECTIONS/INVESTIGATIONS

1. The NIH Contracting Officer Representative (COR) 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 it not limited to, the right to attend all safety meetings.

2. Upon request, the NIH COR shall receive copies of any safety inspection reports completed by the contractor or anyone performing work for, on behalf of or under the auspices of the contractor.

3. The NIH COR 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 auspices of the contractor. The NIH may also, at its sole discretion and in any reasonable manner, undertake its own accident investigation.

b. CORRECTIVE ACTIONS/STOP-WORK

1. The NIH COR 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.).

2. The NIH COR shall have the right to require the removal, from the work site, any person, property or equipment that, in the NIH's opinion, is deemed unsafe.

3. The NIH COR 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.

4. The NIH COR shall have the right to suspend the work pending the completion of any accident/incident investigation, whether undertaken by contractor, the NIH or others.

5. 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.

c. 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.

ARTICLE H.2.14. Specific Safety Provisions

In addition to federal, state, and local regulations pertaining to operations and safety, the contractor shall adhere to the following NIH mandated safety requirements:

a. Asbestos: Many of NIH's buildings have asbestos-containing materials. It is the contractor's responsibility to coordinate with the NIH Contracting Officer Representative (COR) to ensure that a survey for asbestos is conducted prior to commencing work. The contractor shall ensure that all workers and subcontractors have received and documented initial and annual Asbestos Awareness training prior to the start of work.

b. Entry into Confined Spaces.

1. The contractor shall provide the NIH COR a copy of its Confined Space Entry Program as part of the Site-Specific Accident Prevention Plan submittal.

2. Should the contractor employ subcontractors to work in confined spaces, it shall be the contractor's responsibility to submit the required documentation for each subcontractor.

3. Work shall not start in a confined space until the required submittals have been made and appropriate safety precautions taken by the contractor. In the event the contractor does not comply with these regulations, ACCESS WILL BE DENIED.

c. Electrical - Safe Clearance Procedures

1. Entry into High Voltage Areas: Work under this contract may require entry into High Voltage Areas.

2. In the event entry is required, the contractor is obligated to identify any High Voltage areas that may be involved in work under this contract. Before entry into a High Voltage work area, the contractor shall notify the NIH COR.

3. To prevent employee exposure or damage to electrical systems, the contractor shall exhaust all options and means to de-energize live electrical parts.

d. Fire Prevention: The contractor shall ensure that the fire prevention measures on-site are in accordance with OSHA, Durham County Fire Department, and National Fire Protection agency (NFPA) standards. Approved safety cans (approved or listed by a nationally recognized testing laboratory) shall be used for flammable and combustible liquids. Fire extinguishers shall be provided where required.

1. Open Flame Devices: Prohibit the use of unapproved fuel-burning types of lanterns, torches, flares or other open-flame devices on NIH property.

2. Hot Work Permit: Open flame welding and spark producing equipment and tasks require the contractor to secure a "Hot Work Permit" from the NIEHS Health and Safety Branch (HSB). This can be obtained by calling the NIEHS HSB at (919) 541-3384.

e. Excavating & Trenching:

1. Before work commences, entry excavations and trenches shall be evaluated for confined spaces.

2. Ensure a competent person inspects all excavations before work begins and as needed during the shift. When the competent person finds evidence of a hazardous condition, exposed employees shall be removed from the hazardous areas until the necessary precautions have been taken to ensure their safety.

3. All excavations, regardless of depth, shall be barricaded or covered. If barricades are utilized and are left overnight, they shall be equipped with appropriate lights or reflectors.

4. Walkways shall be provided where employees or equipment are required or permitted to cross over excavations. When walkways are utilized, a guardrail system shall be in place.

f. Construction activities that pose a potential risk of exposure to contaminated soil (such as excavations) shall be supervised by personnel who have a current 40-hour Hazardous Waste Supervisor's certification. These individuals shall be able to identify the potential need for upgrading the level of health and safety protection. All personnel working in direct contact with contaminated soil shall have a current 40-hour Hazardous Waste Certification and medical monitoring, in accordance with OSHA regulations. The contractor is responsible for soil sampling and air monitoring to determine hazards and exposures to their employees.

g. Cranes and Hoisting Operations

A written lift plan shall be submitted for all crane operations. The written lift plan will include as a minimum:

1. Make and model of the crane

2. Name of the crane operator, documentation of training and competent person responsible for the execution of the lift plan.

3. A copy of the crane's most recent certificate of annual inspection.

4. A copy of the crane’s maximum loads at various boom angles and radii.

5. Utilizing the crane boom angle and radius information identify all loads that will exceed 75% of the crane capability.

6. Identify if two or more cranes are required.

7. Provide a sketch or drawing of the anticipated boom angle, radius, center of gravity and crane placement.

8. Provide a sketch or drawing of anticipated rigging methods to include:

i. Number of slings

ii. Type of configuration

iii. Size and length of slings

iv. Rated capacity of slings

v. Sling angle

vi. Size, number and rated capacity of shackles

9. Identify number of ground handlers and location of ground handlers

10. Communication method between ground handlers and crane operator

11. Location of material staging area

12. Method of managing vehicle and pedestrian traffic

h. Chemical Exposure Plan: The contractor shall submit a Chemical Exposure Plan on applicable task orders for any products containing isocyanates, methylene chloride, lead, silica, hydrofluoric acid and processes involving floor sealers, traffic coatings, terrazzo sealers, specialty paints or any other chemical which can produce nuisance odors. The plan shall include employee exposure control methods, isolation methods to prevent spread of chemicals and odors outside the work area and safeguarding of the NIH employees and public.

Material Safety Data Sheets for each chemical must be maintained on site.

i. Protection of the Public: The contractor shall submit a plan for the protection of the public on or adjacent to construction and demolition operations.

ARTICLE H.2.15. Safety Performance

a. 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's (COR's) or Contracting Officer's discretion:

1. Removal and replacement of management personnel.

2. 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.

3. Hiring an independent 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 COR.

4. Conduct a "Safety Stand Down" (suspend all work or any action thereof). Suspended work shall not be allowed to resume until the contractor has completed the required actions for review and acceptance by the NIH COR.

5. Issue a cure notice notifying that the contractor has failed to comply with a contract requirement and directing that the deficiency be…