Solicitation C108826.pdf

PROJECT TITLE: Crane and Hoist Services for NIH Campus

SOLICITATION: C108826

Pricing

Description Quantity Firm fixed Price Total Base Year

Crane and Hoist Services

12 months

Option Year 1 Crane and Hoist

Services

12 months

Option Year 2 Crane and Hoist

Services

12 months

Option Year 3 Crane and Hoist

Services

12 months

Option Year 4 Crane and Hoist

Services

12 months

STATEMENT OF WORK

I. Project Description- Crane and Hoist Services – Buildings 11,13,14,21 & 22

Contractor shall provide labor and material to Bldg.'s 11,13,14,21&22 crane and hoist. The contractor will be responsible for testing, inspections, maintenance and repairs of the crane hoist. The contractor shall meet the manufactures specifications and recommendations and adhere to all applicable standards including the latest edition of OSHA 1910-170 overhead and gantry cranes. The contractor is required to perform load testing once every four years.

See attached for further information.

Working Hours/Duration:

This project task shall be performed during normal business hours with the specific day/schedule lo be coordinated with DFOM staff.

Duration: 45 Days from award date.

The schedule must be submitted and approved by the Project Officer in advance of work to be performed. The Project Contracts Team will verify location, scheduling, and posting of required (WORK AREA) signs. All Personal Protective Equipment shall always be at work as required. A system shutdown requires a minimum of 14 days advance notice which must be coordinated and approved by Facility Manager before work can begin. Please notify the Project Officer at the conclusion of the project for final inspection. Clean all debris from site and dispose of properly.

Statement of Work

The purpose of this contract is to acquire contract support services for on-site inspections, testing, maintenance, and repairs of cranes and hoists at the National Institutes of Health (NIH) Bethesda campus located at 9000 Rockville Pike, Bethesda, MD 20892.

NIH conducts the world's largest biomedical research programs. To support the NIH mission the Office of Research Facilities (ORF), Maintenance Services Branch is responsible for repair projects on various equipment. Cranes and hoists of various types and sizes require annual OSHA safety certification and periodic maintenance. The cranes and hoists are distributed in multiple buildings.

The contractor will be responsible for the inspection, maintenance, and repairs of cranes in the following buildings: Building 11, 13, 14, 21 and 22. All inspections and requirements are defined in the existing contract and Statement of Work.

The Contractor will be responsible for the inspection, maintenance, and repairs of cranes and hoists in the following buildings:

NIH Bethesda, MD Building 11, 13, 14, 21, 22

The CO will notify the contractor when any equipment shall be decommissioned or removed from service or added to the cranes and hoist inventory list. The contractor will provide a report of what was phased out or added and the COR will sign the report. The contractor shall inspect, test, and maintain the cranes and hoists to meet the manufacturers' specifications and recommendations and adhere to all applicable standards, including the latest edition of OSHA 1910-170 - Overhead and Gantry Cranes. In case of any conflict between several prevailing standards, the more stringent shall apply. ln addition, the word "should" (recommended) contained in these standards and guidelines, shall be interpreted as "shall" (required). Safety devices that are reasonable and reliable, but not currently installed, shall be recommended for installation.

The contractor shall prepare a proposed schedule of all required inspections and tests. The schedule shall be submitted to the CO with a copy to the COR no later than five (5) day after contract award. Any changes to this schedule shall be coordinated through the COR. A revised schedule shall be submitted to the CO with a copy to the COR.

After repair and certification, all cranes and hoists shall be evaluated to determine the projected life remaining on the equipment. Contractor shall inspect the following for each crane/hoist: make, type, model number, and tonnage.

All consumable items, such as lubricants, greases, incidental parts, etc., shall be supplied by the contractor at no additional cost to the Government, not to exceed $50.00 per unit. Maintenance shall include cleaning, oiling, adjusting, and replacement of incidental parts. All cranes and hoists listed in Section J, NIH Crane and Hoist Equipment Inventory List, requiring replacement parts having a cumulative material cost in excess of $50.00 shall be identified.

Any warranties shall have at least the same warranty terms including offers of extended warranties offered to the general public in customary commercial practice. At a minimum, maintenance work shall have a ninety (90) calendar day warranty for material, workmanship, and parts. In the event the manufacturer warranty is greater than ninety (90) days, then the greater warranty shall prevail.

Period of Performance

The work shall proceed promptly upon execution of this contract and only after the issuance of the Notice to Proceed (NTP) by the Government for the activities indicated. The Period of Performance shall be for 12 months with option to renew at the Government's sole discretion.

Estimated start date(s): Base Year: Sept/14/2020 with 4 option years.

Contract Administration

When routine and emergency services are required, the CO will issue a request for proposal (RFP) to the contractor.

The RFP will contain the scope of work along with other documents, drawings, etc. necessary to define the services required. In response to the RFP, the contractor shall submit a proposal to the CO. The proposals shall describe how the services will be performed and shall price the services based upon the contractor's determination of the labor material, and equipment required for the services and hourly labor rates and prices stated in the contract. Proposals shall be returned to the CO within five (5) calendar days after receipt of the RFP. Upon acceptance of the contractor’s proposal the CO will issue a task order to the contractor.

Schedule of Repairs

The repairs in excess of $50.00 referenced above include certifiable equipment that the contractor determines justifiable for safety of preventive maintenance reasons. For any item listed in Section J, NIH Crane and Hoist Equipment Inventory List, the contractor shall determine the extent of repairs required to bring the unit up to a satisfactory status (to include diagnosis of electrical or mechanical problems). The contractor shall submit a detailed cost proposal to the CO for all required repairs and estimated labor hours required. The proposal shall include part number, item description, model number if applicable, manufacturer, shipping costs, hourly labor rate and total cost for each unit requiring repair. Manufacturer or distributer price lists shall be made available to the CO upon request.

The CO, at their discretion, may request price verification of the parts. Any discounts or rebates on parts provided to the contractor shall be credited to the Government.

The CO shall approve all repairs prior to parts being ordered. The contractor shall complete scheduled repairs during the scheduled visit. If the contractor is unable to complete these repairs, due to the unavailability of parts, the contractor shall notify the COR when the repairs shall be completed. Scheduled repair service includes certifications and magnaflux testing of repaired or replaced equipment. The Government may have one repair, or a combination of repairs performed during the scheduled visit The Government may also postpone any repair until the next scheduled visit.

Contractor personnel shall conduct their daily operations in a professional and courteous manner to ensure minimal disruptions to the building tenants and operations. Contractor employees shall wear uniforms that clearly identify the employee and the company they work for and an NIH contractor identification badge. Contractor shall attend and participate in NIH planned and unplanned meetings

Software, source code, programmer's documentation, user's guides and data developed by the contractor or modified by the contractor in support of this acquisition will become the property of the Government and are hereby considered to be deliverable when developed. The Government shall retain ultimate rights to use the systems, software and data in support of its crane and hoist inspection operations, and management activities. The Government may at its discretion allow third parties including other contractors to use the systems, software, and data in support of its activities.

Requirements

Load testing is required once every 4 years for this annual crane and hoist inspection/repair services. Testing at Building 11,13,14,21 and 22 to be conducted on the Bridge, Gantry and Jib Cranes & Monorail Systems that are identified in the contract. All inspections and load testing shall meet all the requirements of the Occupational Safety Health Administration. It is the purpose of the annual test inspection to ensure that the overall structural, mechanical and electric components of the equipment have been maintained in a safe and serviceable condition and are functioning properly according to the original equipment manufacturer's specifications. It is the purpose of the load test to ensure by actual overloading that the equipment is capable of safely lifting and moving the rated load through all designed motions.

Emergency Repairs

All emergency calls shall have a maximum response time of 24 hours. The CO shall approve all emergencies or unscheduled repairs prior to service. The Government will not be responsible for any cost or loss incurred by the contractor as a result of unauthorized repairs.

Tagging of Equipment

When a piece of equipment has been certified, the contractor shall affix a punched plastic tag on the equipment as a certification label. The tag shall conform to OSHA standards. The label shall be resistant to the weather, shall not interfere with equipment operation, and shall be attached to hardware that must be destroyed. The label shall contain the following information: initial inspection date, load test date, make, model, serial number, capacity, inspectors' name and certification number.

Equipment Additions/Deletions

Only the CO has the authority to authorize any changes, additions, or deletions to the Statement of Work (SOW). Such changes shall be incorporated by written modification.

Service Delivery Summary

The performance threshold briefly describes the minimum level of service required for this requirement. Failure to achieve this required level of performance could result in an issuance of unacceptable inspection ratings and/or a contract discrepancy report (CDR). This threshold is critical to mission success. All services shall be accomplished according to the terms, conditions, and specifications stated herein.

Government Furnished Utilities

Electricity is available at the job sites and may be used by the contractor to perform the services described herein. Powered lifts are periodically available for use in some locations to access overhead equipment at no cost to the contractor. The COR shall be notified in advance of the contractor's intent to utilize powered lifts.

Quality Control

Quality control is the responsibility of the contractor. The contractor shall develop and maintain a quality control plan to ensure the requirements within the SOW are performed in accordance with the applicable guidelines. The contractor shall develop and implement procedures to identify and prevent defective services from occurring. A copy of this quality control plan shall be provided to the COR within 30 days after award.

A. SPECIFIC REQUIREMENTS

1. The vendor shall provide all labor and materials for the project.

2. Contractor is responsible for discarding all generated trash and debris, NIH will provide dumpsters for debris.

3. Contractor shall ensure that working personal are always wearing all PPE for duration of project.

IV. Occupational Safety and Health Requirements

The Contractor shall take safety and health measures in performing work under this agreement. The Contractor shall meet with the Project Officer to develop a mutual understanding relative to administration of all safety concerns. The Contractor shall comply with all applicable NIH, federal, state, and local laws, regulations, ordinances, and codes relating to safety and health and shall take precautions and adorn the correct PPE to prevent incidents/accidents. The Project Officer shall assess, when working in areas where contact with animals can occur that the required test, i.e. TB test, etc. which is the responsibility of the contractor, are received prior to the start of work. The Contractor shall perform pre-job analysis before starting task to discuss applicable safety issues. Any safety concerns shall be addressed, and actions taken to mitigate those concerns prior to performing work.

V. Specific Safety Provisions IAW the Contractor Health and Safety Requirements Section 17.b, and 17.d the following procedures shall always be adhered to.

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

c. Fire Prevention: The contractor shall ensure that the fire prevention measures on-site are in accordance with OSHA, NIH Division of Fire and Rescue Services policies, and 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 NIH Division of Fire and Rescue Services. This can be obtained by calling the NIH Fire Marshall at (301) 496-0414.

VI. Quality Assurance All work under this SOW shall be monitored by the COR and FM, the COR will act as the primary technical representative. Final inspection and acceptance of all work performed, reports and other deliverables shall be performed at the place of delivery by the COR and FM. The COR, FM, and contractor is responsible for setting and revising task priorities when necessary.

VII. Schedule

1. Contractor shall perform the above scope of work during premium/off hours to reduce impact on campus traffic. Notify Project Officer – Vince Guerin Project Contracts Team, prior to beginning work for scheduling. Notify the Project Officer at the conclusion of the project for inspection and approval for payment.

VIII. Project Contact Person:

PROJECT OFFICER (The Contractor Officer’s Representative (COR) for this project):

Vincent Guerin National Institutes of Health - ORF / DFOM / CSB -Building 13

Contractor Health and Safety Requirements:

1. CONTRACTOR REQUIREMENTS

a. The contractor shall ensure that all subcontractors have a successful safety program. The contractor shall evaluate the subcontractors by reviewing leading and lagging indicators. Example of indicators include:

• History of OSHA violations

• Experience Modification Rate

• Accident investigation records

• Employee safety training documentation

• OSHA Recordable Rate

• Loss and restricted workdays

• Safety programs can be evaluated through an online contractor safety assessment tool. This free tool is available at https://www.constructseer.com/nih/

b. The contractor shall comply with Occupational Safety and Health Administration (OSHA) Regulations and the US Army Corps of Engineers Safety and Health Manual 385-1-1 (EM 385-1-1).

c. Each contract employee is responsible for complying with applicable safety and occupational health requirements, wearing prescribed safety and health https://www.constructseer.com/nih/ equipment, reporting unsafe conditions/activities, and avoid actions and conditions that may result in an accident.

d. The contractor will not begin work authorized under this contract, except for authorized preliminary activities (i.e. mobilization), without first submitting for review each of the safety deliverables section. Copies of each deliverable must be provided to the NIH Contracting Officer Representative (COR) and ORF Safety Officer (safety@nih.gov).

e. Prior to issuing the 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 and anticipated hazards as documented in the site Activity Hazard Analysis worksheets. The contractor’s Project Manager is responsible for meeting arrangement.

2. WAIVER FROM NIH IMPOSED CONTRACTOR HEALTH AND SAFETY REQUIREMENTS

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

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

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

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

3) The request must explain the impact on the contractor operations and services if this waiver is not approved.

4) 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;

5) Explanation of 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.

mailto:safety@nih.gov

6) The waiver request must be submitted to the NIH COR and ORF Safety Officer (safety@nih.gov) at least 14-working days prior to work commencement.

3. NIH REQUIRED SAFETY TRAINING MANDATE

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

b. Any card with an issuance date more than 3 years shall not constitute proof of compliance with this requirement.

c. Any contract employee 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.

4. CONTRACTOR SAFETY ORIENTATION

a. Prior to commencing work, ensure that all contractor and subcontractor site supervisors at any tier have completed the NIH Contractor 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 ORF 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 ORF Safety Officer (safety@nih.gov) or by phone (301) 496-3353 for the orientation schedule.

5. DELIVERABLES

a. All deliverables required under this Contractor Health and Safety Section must be provided to the NIH COR and ORF Safety Officer (safety@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.

mailto:safety@nih.gov

b. Acceptance and review 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, acknowledge compliance with applicable regulations, or alleviate 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.

6. SITE-SPECIFIC ACCIDENT PREVENTION PLAN

The contractor shall submit for NIH’s review and comment, a Site-Specific Accident Prevention Plan. Contents of the Contractor’s Site-Specific Accident Prevention Plan will be in accordance with Appendix A, EM 3985-1-1.

Note: For LIMITED-SCOPE SERVICE, SUPPLY AND R&D CONTRACTS, (e.g.

painting, janitorial service) under $100,000, the in consultation with the ORF Safety Officer, the COR may allow an Abbreviated Accident Prevention Plan and waive the more stringent elements of the comprehensive plan. Contact the ORF Safety Officer for the Abbreviated Accident Prevention Plan template.

7. CONTRACTOR SITE SAFETY AND HEALTH OFFICER RESUME

The contractor shall submit a resume identifying the experience and qualifications for the proposed Contractor Safety and Health Officer(s). The NIH COR may reject anyone he/she deems "Not Qualified".

8. CONTRACTOR EMPLOYEE SAFETY TRAINING DOCUMENTATION

a. The contractor shall submit documentation of the employee's OSHA 10-hour

General Industry Outreach class or OSHA 10-hour Construction Industry Outreach course. Proof of course 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) the presentation of documentation (e.g. course certificate) provided to an employee by a trainer certified by the Institute pending the actual issuance of the completion card; or 3) a written declaration that all employees have successfully completed the required course.

b. Documentation of employee training shall be kept on the project site.

9. 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 always apply 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.

10. 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 above 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 COR’s discretion, the qualifications for the contractor Site Safety and Health Officer can be reviewed and action 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.

11. 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 COR or ORF 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 ORF Safety Officer (safety@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 on 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 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, by the contractor, or at the NIH’s discretion, with an individual meeting the requirements of this Section.

d. The Contractor Site Safety and Health Officer may not be removed from this contract or 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.

12. SITE SAFETY AND HEALTH OFFICER DEFINITIONS

a. ORF SAFETY OFFICER

An employee of the NIH or designated representative who is responsible for management of the Office of Research Facilities Development and Operations (ORF) 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. This person shall have no other duties.

ii. An individual possessing a minimum of five 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. Have successfully completed the OSHA 30-hour Safety & Health Course.

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

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

ix. Is proficient in the development and presentation of “toolbox” meetings and safety training.

2) Collateral Duty Safety Officer qualifications include:

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

i. Possess a minimum 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 “toolbox” meetings and safety training.

13. 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. In addition, the contractor shall ensure that its staff receives all medical services that would be required for federal employees to perform the same services.

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

g. 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.

h. Cooperate fully with the NIH and its Representatives in connection with all matters pertaining to safety.

i. 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

j. Ensure that all 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.

14. 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 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.

15. CONTRACTOR INJURIES AND ILLNESSES

a. The contractor shall ensure that all suspected work-related injuries and illnesses sustained by their employees will be reported promptly to the NIH Occupational Medical Service (OMS). OMS is in Building 10, 6C-306. The clinic is open from 7:30 am to 5:00 pm, Monday through Friday. The phone number for the clinic is 301-496-4411.

b. In all cases, an injury or illness resulting from work under this contract shall be reported to the NIH COR and ORF Safety Officer (safety@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 4-minutes, at least one person shall always be available at the work site to render CPR and 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.

16. NIH RIGHTS

a. INSPECTIONS/INVESTIGATIONS

1) The NIH 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 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 contractor. The NIH may also, at its sole discretion and in any reasonable manner, undertake its own accident investigation.

b. CORRECTIVE ACTIONS/STOP-WORK

The NIH COR shall have the right to:

1) 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) Require the removal, from the work site, any person, property or equipment that, in the NIH’s opinion, is deemed unsafe.

3) 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 and imminent danger or could result in serious harm.

4) Suspend the work pending the completion of any accident/incident investigation, whether undertaken by contractor, the NIH or others.

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 that 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.

17. 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 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.

4) Affected employees and operations must be notified of work to limit service disruption and prevent injury.

d. Fire Prevention: The contractor shall ensure that the fire prevention measures on-site are in accordance with OSHA, NIH Division of Fire and Rescue Services policies, and 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.

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

4) Hot Work Permit: Open flame welding and spark producing equipment and tasks require the contractor to secure a “Hot Work Permit” from the NIH Division of Fire and Rescue Services. This can be obtained by calling the NIH Fire Marshall at (301) 496-0414.

e. Excavating & Trenching:

1) Before 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 lifting operations. At a minimum the written lift plan will include the content and information requested in the ORF Crane Lift template. Contact the ORF Safety officer or Contracting Officer Representative for a copy of the template.

h. Chemical Exposure Plan: The contractor shall submit a Chemical Exposure Plan for products 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, waste disposal, and safeguarding of the NIH employees and public. Safety Data Sheets for each chemical must be maintained on the project 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.

18. 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 Project Office 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 following 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 "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.

52.212-1 Instructions to Offerors- Commercial Items.

As prescribed in 12.301(b)(1), insert the following provision:

INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (MAR 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

https://www.acquisition.gov/content/12301-solicitation-provisions-and-contract-clauses-acquisition-commercial-items#i1113145 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(3) The name, address, and telephone number of the offeror;

(4)A technical description of the items being offered in enough detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8)A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212- 3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11)If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during pre-award testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f)Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers, or revisions are due.

https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items#i1060550 https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items#i1060550 https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items#i1060550 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/content/subpart-410-uniform-use-line-items#iSubpart_4_10

(2)

(I)Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A)If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B)There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C)If this solicitation is a request for proposals, it was the only proposal received.

(ii)However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4)If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

The Government may reject any or all offers if such action is in the public…