00 - Soa - H20-2451

1. SOLICITATION NO. 2.
TYPE OF SOLICITATION PAGES

SOLICITATION, OFFER 3. DATE ISSUED
and AWARD for
CONSTRUCTION, SERVICES H20-2451 NEGOTIATED (RFP) 6/25/2020 1 of 49
SOA – 06/24/2020
IMPORTANT--THE “OFFER” SECTION ON THE REVERSE MUST BE FULLY COMPLETED BY OFFEROR.
4. CONTRACT NO. 5. PURCHASE REQUEST NO. N/A 6. W/O NO. N/A
7. ISSUED BY: 8. ADDRESS OFFER TO:
LEIDOS BIOMEDICAL RESEARCH, INC. LEIDOS BIOMEDICAL RESEARCH, INC.
NCI FREDERICK NATIONAL CANCER INSTITUTE AT FREDERICK, MD
P.O. BOX B P.O. BOX B
BLDG. 1050, BOYLES STREET, FORT DETRICK BLDG. 1050, RM. 101, BOYLES STREET, FORT DETRICK
FREDERICK, MD 21702-1201- CONTRACT FORM FREDERICK, MD 21702-1201
DUE DATE & TIME: Friday, July 24, 2020 at 3:00 p.m. EST
BLDG. 1050, RM. 101, FORT DETRICK
9. FOR INFORMATION A. NAME: Rae Lynn Shafer B. TELEPHONE NO. (INCLUDE AREA CODE)
CALL OR EMAIL: Rae.shafer@nih.gov 301-228-4007
➔
DESCRIPTION OF CONSTRUCTION SERVICES

10. LEIDOS BIOMEDICAL RESEARCH, INC. (LEIDOS BIOMED) REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE
DOCUMENTS
Contractor shall furnish all labor, materials, supervision, and equipment to provide construction services to include but not limited to
lab renovations, office renovations, demolition, drywall, framing, mechanical, HVAC, electrical services, etc. The performance of
work will be performed at the Frederick National Laboratory for Cancer Research (FNLCR) on Fort Detrick, Frederick, MD, as well as
off-site leased locations in the Frederick area. Task Orders will be awarded on a fixed price basis.
The base period of performance shall be from date of award through 08/30/2021. There will be three (3) one-year options that may
be exercised by Leidos Biomedical Research, Inc. Option 1 is from 08/31/2021 through 08/30/22; Option 2 is from 08/31/2022
through 08/30/2023; and Option 3 is from 08/31/2023 through 08/30/2024.
Performance will be at the direction of the Leidos Biomedical Research, Inc. Contracting Officer via Task Orders.
Pre-bid Conference(s): A pre-bid teleconference will be held on Monday, July 6, 2020 at 1:00 p.m. An additional pre-bid
teleconference will be held on Wednesday, July 8, 2020 at 10:00 a.m. Attendance of one of the pre-bid conferences is mandatory
(see Section L.5 for additional details). Please contact the party in Block 9 with your intention to attend.
All technical and business-related questions are due by Friday, July 10, 2020 at 3:00 p.m..
OFFER/CONTRACT CONSISTS OF:

See Table of Contents
11. THE CONTRACTOR SHALL BEGIN PERFORMANCE WITHIN 7 CALENDAR DAYS OF TASK ORDER AWARD AND COMPLETE IT BY SEE
SECTION F AFTER RECEIVING AWARD, NOTICE TO PROCEED.
12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS. (IF “YES” indicate 12B. CALENDAR
within how many calendar days after award in item 12B. DAYS
YES NO REQUIRED IF AMOUNT OF AWARD IS OVER $150,000. PERFORMANCE BOND 100%, PAYMENT 7
BOND 100% OF AWARD
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. PROPOSALS TO PERFORM THE WORK REQUIRED ARE DUE AT THE TIME AND PLACE SPECIFIED IN ITEM 8 IN THE FORMAT
IDENTIFIED UNDER SECTION L OF THE SOLICATION.
B. ALL OFFERS ARE SUBJECT TO THE (1) WORK REQUIREMENTS, AND (2) OTHER PROVISIONS AND CLAUSES INCORPORATED IN
THE SOLICITATION IN FULL TEXT OR BY REFERENCE.
C. OFFERS PROVIDING LESS THAN 60 CALENDAR DAYS FOR ACCEPTANCE AFTER DATE OFFERS ARE DUE WILL BE CONSIDERED
NONRESPONSIVE AND WILL BE REJECTED
Page 1 of 49
Solicitation #H20-2451
June 25, 2020
OFFER
(MUST BE FULLY COMPLETED BY OFFEROR)
14. NAME AND ADDRESS OF OFFEROR (INCL. ZIP CODE) 15. TELEPHONE NO. (INCL.AREA CODE)
16. REMITTANCE ADDRESS (INCLUDE ONLY IF DIFFERENT THAN

ITEM 14)
DUNS:
17. THE OFFEROR AGREES TO PERFORM THE WORK REQUIRED AT THE PRICES SPECIFIED IN STRICT ACCORDANCE WITH THE
TERMS OF THIS SOLICITATION. IF THIS OFFER IS ACCEPTED WITHIN 60 CALENDAR DAYS AFTER THE DATE OFFERS ARE DUE.
(INSERT ANY NUMBER EQUAL TO OR GREATER THAN THE MINIMUM REQUIREMENT STATED IN ITEM 13C. FAILURE TO INSERT ANY
NUMBER MEANS THE OFFEROR ACCEPTS THE MINIMUM IN ITEM 13C.)
TOTAL BID AMOUNT: N/A
18. THE OFFEROR AGREES (A) TO CARRY OUT THIS OFFER IF LEIDOS BIOMED ACCEPTS IT BY SIGNING BLOCK 27 WITHIN THE TIME
SPECIFIED IN ITEM 17 AND (B) TO FURNISH REQUIRED INSURANCE AND PERFORMANCE AND PAYMENT BONDS.
19. ACKNOWLEDGMENT OF AMENDMENTS

(THE OFFEROR ACKNOWLEDGES RECEIPT OF AMENDMENTS TO THE SOLICITATION--GIVE NUMBER AND DATE OF EACH)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO 20B. SIGNATURE 20C. OFFER DATE
SIGN OFFER (TYPE OR PRINT)
(THIS SECTION TO BE COMPLETED BY LEIDOS BIOMEDICAL RESEARCH, INC.)
21. ITEMS ACCEPTED:
22. AMOUNT:
23. CONTRACT SCHEDULE: 25. SUBMIT INVOICE TO:

Reference Article C.4 LeidosBiomed@invoices.corcentric.com
LEIDOS BIOMEDICAL RESEARCH, INC.
ATTN: ACCOUNTS PAYABLE
P.O. BOX 13730
PHILADELPHIA, PA 19101
24. ADMINISTERED BY: Rae Lynn Shafer
AWARD
26. (CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT.) 27. YOUR OFFER ON THIS SOLICITATION IS HEREBY ACCEPTED AS
CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS OR TO THE ITEMS LISTED. THIS AWARD CONSUMMATES THE
CONTRACT, WHICH CONSISTS OF (A) THE SOLICITATION (B) THIS
PERFORM ALL WORK, REQUISITIONS IDENTIFIED ON THIS FORM CONTRACT AWARD. NO FURTHER CONTRACTUAL DOCUMENT IS
AND ANY CONTINUATION SHEETS FOR THE CONSIDERATION NECESSARY.
STATED IN THIS CONTRACT. THE RIGHTS AND OBLIGATIONS OF
THE PARTIES TO THIS CONTRACT SHALL BE GOVERNED BY (A)
THIS CONTRACT AWARD (B) LEIDOS BIOMEDICAL RESEARCH
TERMS AND CONDITIONS (C) FAR CLAUSES, REPRESENTATIONS
and CERTIFICATIONS, DOCUMENTS BY REFERENCE IN OR
ATTACHED TO THIS CONTRACT. Pursuant to FAR 52.209-6, BY
SIGNING BLOCK 26B, the contractor certifies that as of the date in block 26c
of this Contract, neither your organization nor its principals are debarred,
suspended, or proposed for debarment by the Federal Government.
26A. NAME AND TITLE OF CONTRACTOR, OR PERSON 27A. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)
AUTHORIZED TO SIGN (TYPE OR PRINT)
26B. SIGNATURE 26C. DATE 27B. LEIDOS BIOMEDICAL RESEARCH BY: 27C. AWARD DATE
Page 2 of 49
June 25, 2020
TABLE OF CONTENTS
PART I - CONTRACT FORM ........................................................................................................... 1

SECTION A ..................................................................................Error! Bookmark not defined.
TABLE OF CONTENTS ............................................................................................................... 3
PART I—THE SCHEDULE .............................................................................................................. 4
SECTION B .................................................................................................................................. 4
SUPPLIES OR SERVICES AND PRICES/COSTS .................................................................. 4
SECTION C .................................................................................................................................. 8
DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK ................................................. 8
SECTION D ................................................................................................................................ 11
PACKAGING AND MARKING ................................................................................................ 11
SECTION E ................................................................................................................................ 12
INSPECTION AND ACCEPTANCE...................................................................................... 122
SECTION F .............................................................................................................................. 133
DELIVERIES OR PERFORMANCE ..................................................................................... 133
SECTION G .............................................................................................................................. 166
CONTRACT ADMINISTRATION DATA ............................................................................... 166
SECTION H .............................................................................................................................. 222
SPECIAL CONTRACT REQUIREMENTS............................................................................ 222
PART II—CONTRACT CLAUSES ................................................................................................ 30
SECTION I .................................................................................................................................. 30
CONTRACT CLAUSES .............................................................................................................. 30
PART III—LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS ....................... 433
SECTION J ............................................................................................................................... 433
LISTOF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS .................................... 433
PART IV—REPRESENTATIONS AND INSTRUCTIONS ........................................................... 444
SECTION K ................................................................................................................................ 44
REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS . 44
SECTION L ............................................................................................................................... 455
Instructions, Conditions, and Notices to Offeror ................................................................... 455
SECTION M .............................................................................................................................. 499
EVALUATION AWARD ......................................................................................................... 499
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June 25, 2020
PART I—THE SCHEDULE

SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
GOVERNMENT RELATIONSHIP:
This contract is awarded by Leidos Biomedical Research, Inc. (Leidos Biomed), a subsidiary of
Leidos, Inc. The effort to be performed will be part of Leidos Biomed’s Contract that has been
awarded by the National Cancer Institute, National Institutes of Health, Frederick, MD. The
provisions and clauses contained herein are influenced by and reflect the relationship of the parties
in that contract which was awarded and is administered under the provision of the Federal
Acquisition Regulation (FAR). There is no privity of contract between the Contractor and the
Government.
ARTICLE B.1 PROJECT OVERVIEW
a. Leidos Biomed, Operations and Technical Support Contractor for the National Cancer Institute at
Frederick (NCI-Frederick) seeks multiple contractors for the successful completion of various
construction services at various locations onsite at Ft. Detrick and offsite leased facilities in the
Frederick area.
b. The locations of leased offsite facilities are within the Frederick, Maryland area.
ARTICLE B.2 CONTRACT TYPE
This contract is an Indefinite Delivery, Indefinite Quantity (IDIQ) contract with Task Orders issued
on a fixed price basis payable entirely in U.S. dollars. No additional sums will be payable on account
of any escalation in the cost of materials, equipment, labor, or because of the contractor’s failure
to properly estimate or accurately predict the cost or difficulty of achieving the results required by
this contract. Changes in contract price or time to complete will be made only due to changes made
by Leidos Biomed’ Contracting Officer in writing for the work to be performed.
ARTICLE B. 3 KEY PERSONNEL
The names of the Contractor’s key personnel for the required Projects are stated below:
Position Employees’ Name(s)
Project Manager(s) ____________________________________________
Superintendent(s)* ____________________________________________
Safety Officer(s)** ____________________________________________
Quality Control Manager*** ____________________________________________
The personnel specified above are considered to be essential to the work performed under this
contract. Prior to diverting or substituting any of the specified individuals to other programs, the
contractor shall submit justification (including proposed substitutions) in sufficient detail and time
to permit Leidos Biomed’ evaluation of the impact to the project. The contractor shall make no
diversion or substitution without the written approval of the Leidos Biomed’s Contracting Officer.
* At all times during performance of this contract and until project acceptance has been achieved,
the Contractor shall directly superintend the work on the worksite with a competent superintendent
satisfactory to Leidos Biomed, who has authority to act for the contractor.
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**A safety officer shall be present on-site at all times when workers are present and performing
construction tasks. The safety officer’s assigned duties shall include environment (to include
hazardous material and waste management) and worker safety and health tasks.
Contractor shall provide necessary safety credentials justifying proposed safety person’s
qualification as a safety professional. OSHA 30-hour training is a requirement. Examples of
additional qualifications include, but are not limited to:
• 7-10 years of construction safety management experience, or

• degree from accredited institution in health and safety fields or equivalent with a minimum
of 3 years’ construction safety management experience, or
• professional certification (e.g., certified safety professional, certified industrial hygienist,
certified safety manager, professional engineer, etc.).
*** Quality Control Manager Requirements:

• Reference Quality Control Specification 01 43 00, Section 1.06 for duties and responsibilities
• Be responsible for the overall management of Construction Quality Control.
• Be employed by the prime contractor.
• Report to an officer of the firm and shall not be subordinate to the Project Superintendent
or the Project Manager.
• Have complete authority to act in all quality control matters for the Contractor.
• Have no other duties than to manage and implement the Quality Control Program on this
contract.
• Establish and maintain a Quality Control Program following the guidance in the
NAVFAC/USACE Construction Quality Management (CQM) for Contractors course and
contract documents.
Quality Control Manager Qualifications:

• Two years of experience as a QC Manager for a prime contractor or a minimum of 5 years
combined experience in the following positions: Project Superintendent, QC Manager,
Project Manager, Project Engineer or Construction Manager on similar size, type, and
scope of work as required by this Contract;
• Shall have completed the course entitled "Construction Quality Management (CQM) for
Contractors" and maintain a current certificate. (This course is periodically offered by the
Naval Facilities Engineering Command and the Army Corps of Engineers.)
ARTICLE B. 4 RETAINAGE
Time is of the essence, to ensure schedule compliance; Leidos Biomed shall retain a total of 5% of
each Task Order value excluding permit(s) and Bonds until project acceptance. At the discretion of
Leidos Biomed’s Contracting Officer, retainage for work completed prior to Project acceptance will
be released as long as punch list items for that portion of work have been completed and there are
no disputed costs at an amount equal to 250% of the cost of work for incomplete punch list items.
ARTICLE B.5 LIQUIDATED DAMAGES
Liquidated Damages will be determined on a Task Order basis. Leidos Biomed reserves the right
to incorporate Liquidated Damages into any awarded Task Order. Notice of any Liquidated
Damages will be addressed in the preceding Request for Proposal.
If the contractor fails to complete the work within the time specified in the contract, the contractor
shall pay liquidated damages to Leidos Biomed in the amount of TBD (per Task Order) for each
calendar day of delay until the work is completed as defined in the contract.
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Contractor agrees that in the event Contractor fails to achieve Substantial Completion within the
times required, Leidos Biomed will suffer actual financial damage that will be difficult, if not
impossible, to fully ascertain. Accordingly, Contractor agrees to pay to Leidos Biomed as
Liquidated Damages for failing to achieve Substantial Completion as required the sum TBD (per
Task Order) per day for each day that Substantial Completion is delayed; provided, however,
under no circumstances will Liquidated Damages exceed TBD (per Task Order) per day. The
Liquidated Damages are a good faith and reasonable pre-estimate of Leidos Biomed’s actual
damages and are not considered to be a penalty. Leidos Biomed may deduct and retain
Liquidated Damages from any unpaid amounts then or thereafter due the Contractor under this
contract. Any Liquidated Damages not so deducted and retained from unpaid amounts due the
Contractor shall be payable by the Contractor to Leidos Biomed upon demand, together with
interest from the date of the demand at a rate equal to the legal rate of pre-judgment interest in
the Project State. The above-stated liquidated damages shall be Leidos Biomed’s exclusive
damage remedy for delay, but such damages shall in no way limit Leidos Biomed’s other rights
(e.g. termination) or limit Leidos Biomed’s entitlement to damages for any breach, other than for
delay, for which Contractor may be responsible pursuant to the terms of this Contract or
applicable law. If for any reason liquidated damages as set forth in this section are unenforceable,
Leidos Biomed shall be entitled to receive its actual damages sustained as a result of any delay
in the completion of this Project.
ARTICLE B.6 PRICE/COST
Fixed Price Proposals: Fixed price proposals will be requested per Task Order via Request for
Proposal (RFP).
Permits: Refer to Section H, Paragraph H.8.
Travel Cost: All work shall be within the Frederick area. No travel cost will be allowed.
Materials: Approved incurred costs for material incorporated into each task order shall be
allowable at actual cost delivered to the job site plus five percent (5%).
Mark-up: For change order work performed by subcontractor(s), the allowable mark-ups shall be
no more than ten percent (10%) for overhead and (5%) five percent for profit; The contractor shall
be entitled to mark-up the price by no more than an additional five (5%). In addition, as applicable,
additional bonding security is allowable.
For change order work that is performed entirely by contractor, the allowable mark-up for overhead
and profit shall be no more than ten percent (10%) total.
The contractor shall also provide a detailed cost estimate for any credits for the deletion or
substitution of work, which Leidos Biomed shall be entitled to use to offset the cost of any changes,
as well as with any time extensions, which may be required. The credit shall include all the overhead
and profit percentages (which shall not exceed the percentages amount set forth above), markups,
and contractor/subcontractor pricing.
ARTICLE B.7 DISCLOSURE
Neither party shall disclose information concerning work under this Contract to any third party. No
news releases, public announcements, denial or confirmation of any part of the subject matter of
this Contract or any phase of any program hereunder shall be made without prior written consent
of Leidos Biomed, which consent will not be unreasonably withheld. Leidos Biomed acknowledges
and consents to the Contractor referencing the building and subject to Government consent,
displaying photographs solely in connection with Contractor’s marketing efforts.
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ARTICLE B.8 ADVANCE UNDERSTANDING
a. Utilities
The Contractor shall furnish its own telephone, space heating devices, drinking water, etc., at its
own expense. Leidos Biomed shall make all reasonable amounts of electric and water utilities
available to the contractor from existing outlets and supplies. The contractor, at its own expense
and in a manner satisfactory to the Construction Administrator (CA), shall install and maintain all
necessary temporary connections and distributions lines. Prior to project acceptance, the
Contractor shall remove all temporary connections, distribution lines, and associated
paraphernalia.
b. Sanitary Facilities
The Contractor shall furnish and be fully responsible for its own sanitary facilities. Frederick
National Laboratory for Cancer Research (FNLCR) toilet facilities are not available for use by
contractor personnel.
ARTICLE B.9 SUBCONTRACTORS
The Contractor shall furnish a list of proposed subcontractors with each RFP for Task Order. The
subcontractors identified in Attachment 6 are under consideration by contractor for an award to
perform work under the subject Task Order. Any variation from this list shall be subject to prior
approval by Leidos Biomed, such approval shall be at Leidos Biomed’s sole discretion.
Any changes to proposed subcontractors after Task Order execution shall also be at the sole
discretion of Leidos Biomed and shall not result in any change to the price of the subcontract.
In addition to Attachment 6, Contractor shall submit a list of all lower-tier subcontractors with
subcontract values greater than $150,000.00 if the work location is outside of Fort Detrick i.e.
leased facilities.
ARTICLE B.10 COST OF ORDER MAGNITUDE
RESERVED
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SECTION C
DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
ARTICLE C.1 PROJECT SCOPE OF WORK
a. The contractor shall perform all work in accordance with the attached scope of work, specifications,
and drawings referenced in each issued Task Order and other documents and exhibits referenced
in Section J, and the terms and conditions of this Solicitation, Offer and Award (referred to
collectively as the “Contract Documents”). The term "Work" means the totality of the obligations
imposed upon the Contractor by the Contract Documents or reasonably inferable therefrom to
produce the results intended by the Contract Documents, and includes all other labor, materials,
equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s
obligations. The Contractor shall perform the Work in strict accordance with the Contract
Documents. No change therefrom shall be undertaken without the prior review and written approval
of Leidos Biomed.
It is the intent of the Contract Documents to show all the Work necessary to complete the Project.
Prior to responding to this Solicitation and all subsequent requests for proposals for task order
issuance, the Contractor acknowledges having:
1) Carefully studied and compared the various Drawings and other Contract Documents with
each other, with information furnished by the Leidos Biomed and with other information
known to Contractor including information pertaining to the condition of the Project site.
Contractor represents that, based upon this review, the Contract Documents are
sufficiently complete, detailed and coordinated for the Contractor to perform the Work
required to produce the results intended by the Contract Documents for the Contract Sum
within the Contract Time, and to comply with all the requirements of the Contract
Documents.
2) The contractor shall be responsible for the more stringent requirements between the
contract drawings and specifications if there are differences or conflicts between drawings
or specifications. The Contractor shall perform the Work at no additional cost and/or time
unless such differences were brought to Leidos Biomed’s attention prior to award.
b. The contractor shall, consistent with applicable and drawings and specifications, work with Leidos
Biomed to ensure the higher standard is required under the Contract Documents or applicable law.
The Contractor shall perform the Work and all other of its obligations under the Contract Documents
with the degree of care, skill, and diligence as would ordinarily be exercised by, or reasonably be
expected of, a reasonable and prudent contractor experienced in the business administration,
construction, construction management, and superintendence of projects of a size, complexity, and
quality of the Project (hereinafter the "Contractor’s standard of care.").
c. The contractor shall, consistent with applicable procurement laws and contract terms, endeavor to
employ the best commercial practices in use within the marketplace.
d. In addition to the referenced specifications and drawings, the contractor shall work with Leidos
Biomed to ensure the all work as defined under this contract in an expeditious and economical
manner consistent with the interests and goals of Leidos Biomed.
e. The Contractor and all subcontractors shall refer to all of the Drawings, including those showing
primarily the work of the mechanical, electrical and other specialized trades, and all of the Sections
of the Specifications, and shall perform all work reasonably inferable therefrom as being necessary
to produce the indicated results.
f. The Mechanical and Electrical Drawings are diagrammatic only and are not intended to show the
exact physical locations or configurations of work within the design locations and space. Such work
shall be installed to clear all obstructions, permit proper clearances for the work of other trades,
and present an orderly appearance where exposed.
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ARTICLE C.2 SCHEDULE
The Contractor shall begin performance within the time frame defined within each Task Order.
The Contractor shall provide written notification to the Leidos Biomed Contracting Officer of any actual or
potential situation that threatens to delay the timely performance of work under this contract. The
notification shall include all relevant information and shall be made immediately upon the contractor
having knowledge of the actual or potential situation, which may delay this contract along with a mitigation
plan.
ARTICLE C.3 IDIQ CONTRACT
The number of task orders under this Contract is undetermined and not guaranteed. Delivery or
Performance shall be made only as authorized by orders issued in accordance with the Ordering clause,
Article C.5, or elsewhere in this contract, the Contractor shall furnish Leidos Biomed all supplies or
Services called for by orders issued in accordance with the Ordering clause. Leidos Biomed may issue
orders requiring service to multiple destinations or performance at multiple locations (all within the
Frederick area).
Any order issued during the effective period of this contract and not completed within that period shall be
Completed by the Contractor within the time specified in the order.
ARTICLE C.4 OPTION TO EXTEND THE TERM OF THE CONTRACT
Leidos Biomed may extend the term of this contract by written notice to the Contractor within 30 days
provided that Leidos Biomed shall give the Contractor a preliminary written notice of its intent to extend at
least 60 days before the contract expires. The preliminary notice does not commit Leidos Biomed to an
extension.
If Leidos Biomed exercises this option, the extended contract shall be considered to include this option
provision.
The total duration of this contract, including the exercise of any options under this clause shall not exceed
50 months. A base period with (3) three, 12-month option periods is desirable as follows:
• Base Year* Date of award through 08/30/2021

• Option Year 1 08/31/2021 through 08/30/2022
* Upon the completion of the base year, Leidos Biomed will unilaterally award option years
based on competitive pricing, performance standards and technical compliance.
ARTICLE C.5 ORDERING
Any supplies and services to be furnished under this contract will be ordered by issuance of a written task
order. All task orders are subject to the terms and conditions of this contract. In the event of conflict
between a task order and this contract, the contract shall control.
ARTICLE C.6 ORDER LIMITATIONS
Minimum order. The minimum order amount allowed under this contract is $150,000.00 per task order
(The minimum dollar amount variance is set at 20%)
Maximum order. The maximum order amount allowed under this contract is $2,000,000.00 per task
order. (The maximum dollar amount variance is set at 25%)
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Leidos Biomed makes no Guarantee of any minimum amount or level of effort to be procured under this
Contract
Ceiling Amount: The cumulative funded amount of all Task Orders issued hereunder shall not exceed the
Ceiling Value of $25M, unless the Ceiling Value is increased by written agreements between
Leidos Biomed and Subcontractor.
ARTICLE C.7 Task Order Site Visit / Assessment
Before submitting a Task Order proposal, ALL CONTRACTORS are required to examine the project site,
and fully inform themselves as to all existing conditions and imitations and shall include in the proposal,
the cost of all items necessary in the construction of the Project. It is highly recommended all
Subcontractors examine the project site as well prior to submitting a proposal. The Contractor shall not be
allowed any extra compensation by reason of any manner or thing, concerning that which the offeror or
their Subcontractors might have fully informed himself prior to the bidding. Further, the contractor
acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the
work, and that it has investigated and satisfied itself as to the general and local conditions which can
affect the work or its cost.
Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not
relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully
performing the work, or for proceeding to successfully perform the work without additional expense to
Leidos Biomed.
Leidos Biomed assumes no responsibility for any conclusions or interpretations made by the Contractor
based on the information made available by Leidos Biomed. Nor does Leidos Biomed assume
responsibility for any understanding reached or representation made concerning conditions which can
affect the work by any of its officers or agents before the execution of the Task Order, unless that
understanding, or representation is expressly stated in this contract.
Any information provided during the visit will not qualify the terms of the solicitation, and specifications
remain unchanged unless the solicitation is amended in writing. Any change considered necessary shall
be requested in writing to the Contracting Officer.
Offerors should carefully examine the specifications and drawings included with the RFP for Task Order.
Both technical and business questions during the proposal period shall be directed in writing to the
Subcontract Administrator to permit a written reply to reach all prospective offerors before the submission
of their offers. Offerors are encouraged to submit questions that address apparent discrepancies,
ambiguities or omissions in contract requirements, including any needed information of site conditions or
other requirements which may have significant impact on the cost of performance. The written questions
should precisely refer to the RFP requirements that appear to be in error or are troublesome. The inquiry
should further state any proposed clarification or correction. Answers to all questions, along with the
questions themselves, will be furnished to all prospective offerors. Facsimile transmissions of questions
are acceptable. The FAX transmission number is (301) 846-6541
Oral Explanations or instructions shall not be binding. Written Amendments will be binding. Lack of
Acknowledgement of all amendments will result in the elimination of the offeror form the competition.
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SECTION D
PACKAGING AND MARKING
ARTICLE D. 1 MARKING
All information submitted to Leidos Biomed shall clearly indicate the contract number, the title of
the project, brief description on content, and what, if any action is needed along with timeframes.
The Contractor shall guarantee that all required materials be delivered in immediate usable and
acceptable condition.
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SECTION E
INSPECTION AND ACCEPTANCE
ARTICLE E.1 INSPECTION AND ACCEPTANCE
The contractor shall maintain an adequate inspection system and perform such inspections as will
ensure that the work strictly conforms to the requirements of the contract documents. The
contractor shall maintain complete inspection records and make them available to Leidos Biomed.
All work shall be conducted under the general direction of the Contracting Officer and is subject to
Leidos Biomed inspection and test at all places and at all reasonable times before acceptance to
ensure strict compliance with the terms of the contract.
Leidos Biomed inspections and tests are for the sole benefit of the Leidos Biomed and do not-
1. Relieve the Contractor of responsibility for providing adequate quality control measures;
2. Relieve the Contractor of responsibility for damage to or loss of the material before
acceptance;
3. Constitute or imply acceptance or affect the continuing rights of the Leidos Biomed after
acceptance of the completed work.
4. The presence or absence of a Leidos Biomed inspector does not relieve the Contractor
from any contract requirement, nor is the inspector authorized to change any term or
condition of the specification without the Contracting Officer’s written authorization.
ARTICLE E.2 INSPECTION NOTIFICATION
Any required inspections performed by other agencies having jurisdiction are to be witnessed by
Leidos Biomed. The contractor shall notify Leidos Biomed prior to any such inspections within a
minimum of two (2) business/workdays.
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SECTION F
DELIVERIES OR PERFORMANCE
ARTICLE F.1 PERIOD OF PERFORMANCE
The period of performance shall be in accordance with each executed Task Order.
ARTICLE F.2 TIMEFRAMES
Without penalty to schedule, cost, etc., the contractor shall allow (at a minimum), and not
withstanding contractual clause/s required timeframes, ten (10) business days for all Leidos
Biomed responses to Request for Information, contractual letters, notices that require Leidos
Biomed action, change requests, etc. after all required support documentation has been received
in the contract office with the exception of shop drawings and submittal reviews.
The contractor shall allow fifteen (15) business days for Shop drawings and submittal reviews.
Once the Contractor mobilizes to the site, the Contractor must continue on-site services until project
acceptance unless otherwise agreed upon by Leidos Biomed.
ARTICLE F.3 EXTRAORDINARY MEASURES
In the event that Leidos Biomed determines that the performance of the Work, as of the approved
schedule, has not progressed or reached the level of completion required by the Contract
Documents, Leidos Biomed shall have the right to order the Contractor to take corrective measures
necessary to expedite the progress of construction, including, without limitation, (i) working
additional shifts or overtime, (ii) supplying additional manpower, equipment, and facilities, and (iii)
other similar measures (hereinafter referred to collectively as "Extraordinary Measures"). Such
Extraordinary Measures shall continue until the progress of the Work complies with the stage of
completion required by the Contract Documents. Leidos Biomed’ right to require Extraordinary
Measures is solely for the purpose of ensuring the Contractor’s compliance with the Project
schedule.
1. Extraordinary Measures shall be undertaken at the Contractor’s expense and the

Contractor shall not be entitled to reimbursement or an adjustment in the Contract Sum in
connection with Extraordinary Measures required by Leidos Biomed under or pursuant to
this Section.
Leidos Biomed may exercise the rights furnished to Leidos Biomed under or pursuant to this
Section as frequently as Leidos Biomed deems necessary to ensure that the Contractor’s
performance of the Work will comply with the approved schedule or complete date set forth in the
Contract Documents.
ARTICLE F.4 NOTICE OF DELAY
The contractor shall provide written notification to the Leidos Biomed Contracting Officer of any
actual or potential situation that threatens to delay the timely performance of work under this
contract/task orders. The notification shall include all relevant information (including setting forth
in detail the source and nature of each alleged cause of delay, the date upon which each such
cause of delay began, ended, or will end, and the number of days’ delay attributable to each of
such cause) and shall be made immediately upon the contractor having knowledge of the actual or
potential situation, but in no event more than five (5) calendar days after occurrence of the delay,
which may delay this contract along with a mitigation plan. To the extent set forth in Article F.4.,
Leidos Biomed will not be liable to the Contractor for losses, costs, damages or expenses resulting
from any (1) delay in the commencement, prosecution or completion of the Work, (2) hindrance,
impact or obstruction in the performance of the Work, (3) loss of productivity, or (4) other similar
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claims, whether or not such delays are foreseeable, caused in whole or in part by Leidos Biomed
or any other cause, including Force Majeure
Delay Caused by Leidos Biomed. If the Contractor is delayed at any time in the progress of the
Work solely by an act or omission of Leidos Biomed in breach of this Contract (“Leidos Biomed—
caused delay”), then the Contract Time will be extended by written Change Order to the extent
such Leidos Biomed—caused delay is a critical path delay which will prevent Contractor from
achieving Substantial Completion within the Contract Time so long as Contractor complies with all
contract terms and conditions. Time extensions will not be granted or permitted for non-critical path
Leidos Biomed—caused delays.
If such notice and application is made, the Contractor shall be entitled to an extension of the
Contract Time only for the number of calendar days resulting from the Leidos Biomed—caused
delay and only to the extent such delay (1) is not caused, or could not have been reasonably
anticipated, by the Contractor, and (2) could not be limited or avoided by the Contractor’s timely
notice to Leidos Biomed of the delay or reasonable likelihood that a delay will occur. Furthermore,
any extension of the Contract Time granted under this Article shall be net of any non-Leidos
Biomed—caused delay delays.
A time extension, to the extent permitted under Article F.4, shall be the sole remedy of the
Contractor for any Leidos Biomed—caused delay including, but not limited to, any (1) delay in the
commencement, prosecution or completion of the Work, (2) hindrance, impact or obstruction in the
performance of the Work, (3) loss of productivity, or (4) other similar claims, whether or not such
delays are foreseeable. To the extent that an extension of the Contract Time permitted under
Article F.4 is caused solely by an Leidos Biomed—caused delay, then the Contract Sum shall be
increased only to the extent of (A) the Contractor’s additional General Conditions costs actually
incurred for each day Substantial Completion is delayed solely on account of the Leidos Biomed—
caused delay which shall not exceed a per day amount calculated by dividing the general conditions
value in the Contractor’s original Schedule of Values by the number of days comprising the Contract
Time; and (B) the additional General Conditions costs actually incurred by any affected
Subcontractor for which such costs are payable by the Contractor under the terms of its subcontract
during each day the Subcontractor is delayed solely on account of Leidos Biomed—caused delay
and which shall not exceed a per day amount calculated by dividing the general conditions value
in the Schedule of Values of each affected Subcontractor by the number of days comprising each
affected Subcontractor's time to perform its portion of the Work. Except for the right of the
Contractor and each affected Subcontractor to recover additional General Conditions as set forth
in this Article, the Contractor expressly agrees not to make, and hereby waives (and shall cause its
Subcontractors to similarly agree not to make, and to waive), any claim for costs, losses, damages
or expenses on account of any Leidos Biomed—caused delay, obstruction, impact or hindrance,
including, without limitation, consequential damages, lost opportunity costs, actual or alleged loss
of efficiency or productivity, home office overhead, extended overhead, impact damages,
cumulative impact, ripple effect or other similar remuneration. The Contractor shall be responsible
for paying the Subcontractor Extended General Conditions to the Subcontractor. Neither
Contractor nor any affected Subcontractor shall be entitled to add overhead and profit to the
additional General Conditions recoverable under this section.
ARTICLE F.5 ACCEPTANCE OF NONCONFORMING WORK
If Leidos Biomed prefers to accept Work which is not in accordance with the requirements of the Contract
Documents, Leidos Biomed may do so instead of requiring its removal and correction, in which case the
Contract Sum will be reduced as appropriate and equitable.
ARTICLE F.6 LEIDOS BIOMED’S RIGHT TO CARRY OUT THE WORK
In addition to the circumstances stated under Section I, Clause 24, Termination for Default and in the
event Leidos Biomed, in its sole discretion, determines any contractor deficiencies are considered a “life
safety event”, hazard, or emergency needs to be corrected immediately, Leidos Biomed may correct such
deficiency immediately, without giving written or verbal notice to the Contractor. In such cases, a
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modification shall be issued addressing such deficiencies. Leidos Biomed may deduct and retain all
costs of such deficiencies from any unpaid amounts then or thereafter due the Contractor under this
contract. Any Cost not so deducted and retained from unpaid amounts due the Contractor shall be
payable by the Contractor to Leidos Biomed upon demand, together with interest from the date of the
demand at a rate equal to the legal rate of pre-judgment interest in the Project State
ARTICLE F.7 DELIVERABLES
This article is not intended to address ALL Contract Document required deliverables but to aid the
contractor. The Contractor shall review the Contract Documents for ALL Contract Document required
deliverables.
BASE CONTRACT REQUIREMENT DUE

Insurance Certificates Within 7 calendar days after Contract Notice of Award
Listing of Company Officials Within 7 calendar days after Contract Notice of Award
PER TASK ORDER REQUIREMENTS DUE
Bonds Within 7 calendar days after Task Order Notice of Award
Schedule of Values Within 7 calendar days after Task Order Notice to Proceed
Project Schedule Within 10 calendar days after Task Order Notice to Proceed
Site Specific Safety Plan Reference Section J, Attachment 4
Quality Control Plan Reference Specification 01 43 00
Submittal Schedule (*See note below) Within 10 calendar days after Task Order Notice of Award
Lower Tier Subcontractors (SF1413s) Prior to any on-site activities by the subs.
Subcontractor Payrolls for Davis-Bacon Weekly (Friday)
Invoices with required support documents See Section G
Daily Reports Daily
Emergency Contact Information Prior to any on-site activities (Refer to Section H)
Payment Certification With all invoices
All applicable specification submittals See Specification 01 33 00 (if applicable)
*NOTE:
A submittal schedule setting out in detail the dates at which each of the required submittals are to be
issued and the amount of lead-time required for fabrication and delivery of all required
material/equipment/equipment associated with each submittal.
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SECTION G
CONTRACT ADMINISTRATION DATA
ARTICLE G.1 AUTHORIZED REPRESENTATIVES
a. Contracting Officer (CO): The Leidos Biomed Contracting Officer (CO) is the final authority
in all contractual matters relating to this contract and has overall responsibility for administration
of this contract.
b. Subcontracts Administrator (SCA): Responsible for administration of the contract and is

authorized to take action on behalf of Leidos Biomed to amend, modify, or deviate from contract
terms, conditions, requirements, specifications, details, and/or delivery schedules.
c. Project Manager (PM): The Project Manager will be designated to assist the Contracting
Officer in discharge of technical responsibilities when the Contracting Officer is unable to be
directly in touch with the contract work. Responsibilities of the Project Manager include, but
are not limited to, determining the adequacy of performance by the Contractor in accordance
with terms and conditions of this contract; acting as Leidos Biomed representative in charge of
work at the site; ensuring compliance with contract requirements insofar as the work is
concerned, and advising the Contracting Officer of any factors which may cause delay in
performance of the work.
Performance of the work under this contract shall be subject to the technical direction of the
Project Manager. The term “technical direction” is defined to include the following:
1) Giving directions to the Contractor which redirect the effort, shift work emphasis between
work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise
serve to accomplish the description of work set forth in this contract;
2) Providing of information to the Contractor which assists in the interpretation of drawings,

specifications, or technical portions of the work description.
3) Reviewing and, where required by the contract, approving technical reports, drawing,
specifications, and technical information to be delivered by the Contractor to Leidos
Biomed under the contract.
All technical direction shall be issued in writing by the Project Manager. The contractor shall
proceed promptly with the performance of technical direction duly issued by the Project
Manager in the manner prescribed above and within his/her authority under the provision of
this contract.
If, in the opinion of the Contractor, any instruction or direction issued by the Project Manager
constitutes a change to the contract, the Contractor shall notify the Contracting Officer
immediately.
d. Construction Administrator (CA): The Construction Administrator is responsible for: (1)

monitoring and documenting the Contractor's technical progress, including the surveillance and
assessment of performance and recommending to the Contracting Officer changes in
requirements; (2) performing technical evaluation as required; (3) performing scheduled and
unscheduled technical inspections; (4) assisting the Contractor in resolution of technical
problems encountered during performance; and (5) monitoring site activity for compliance with
safety plan requirements.
For guidance from the CA to be valid, it must: (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
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terms, conditions, or specifications incorporated into this contract; (3) not constitute a basis for
an extension to the period of performance or contract delivery schedule; (4) not constitute a
basis for any increase in the contract price.
e. Only the Contracting Officer and Subcontracts Administrator have authority to: (1)
increase or decrease the contract amount; (2) direct or negotiate and execute 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.
f. Safety Officer: The Safety Officer is responsible for assuring that the Contractor plans and
conducts work activities in compliance with all applicable federal, state, and local safety
directives, requirements, rules, regulations, laws, and ordinances.
ARTICLE G.2 LEIDOS BIOMED PERSONNEL
a. In regard to Contractual Representatives relating to this Contract.
Name: Matthew Hull

Title: Contracting Officer (CO)
Address: NCI-Frederick
P.O. Box B,
Frederick, MD 21702-1201
Phone: (301) 846-6998
Name: Rae Lynn Shafer

Title: Sr. Subcontract Administrator (Sr. SCA)
P.O. Box B,
Phone: (301) 228-4007
b. In regard to Technical Representatives relating to this Contract
Name: Assigned per Task Order

Title: Project Manager (PM)
P.O. Box B
Phone:
Email:
Name: Assigned per Task Order

Title: Construction Administrator (CA)
P.O. Box B
Phone:
Email:
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ARTICLE G.3 INVOICE SUBMISSION
a. Invoices shall be prepared and submitted or emailed to the following:
ADDRESS LEIDOS BIOMED ACCOUNTS CONTACT INFORMATION

PAYABLE ADMINISTRATOR
Leidos Biomedical Research, Inc. Shiann Talley Phone: 301-846-1925
P.O. Box 13730 Accounts Payable Fax: 301-846-7081
Philadelphia, PA 19101 Email: talleys@mail.nih.gov
Attn: Accounts Payable
Email: LeidosBiomed@invoices.corcentric.com
Cc: Rae Lynn Shafer
Inquiries regarding payment of invoices should be directed to the attention of the above Leidos
Biomed Accounts Payable Administrator.
The due date for making payment is NET 30 after the Leidos Biomed Accounts Payable
Administrator receives a proper payment request.
b. An invoice is a written request for payment under the contract for items delivered or services
rendered. In order to be deemed proper an invoice must include, as applicable, the following:
(1) The contractor address
(2) Invoice date and number (Note: Date of Contractor’s invoice may not be earlier
than the delivery date of the goods or service)
(3) Contract number
(4) Name, title, phone number, and complete mailing address of responsible official to
whom payment is to be sent
(5) Name, title, phone number and mailing address of contact for defective invoices
(6) Schedule of Values
(7) Leidos Biomed shall pay the contractor, upon the submission of proper invoices or
vouchers, contractor release of partial lien/s, the prices stipulated in this contract
for products delivered and/or services rendered and accepted, less any deductions
provided in this contract.
(8) A proper invoice will be deemed to have been received when the office designated
in the contract receives it for receipt of invoices and acceptance of the items
delivered or services rendered has occurred. By submitting a signed Invoice, the
Contractor (i) represents and warrants to the Leidos Biomed that the Contractor
has no notice of any lien rights or rights to liens, claims, or conditional sales
contracts pertaining to the Work covered by the subject Invoice, and (ii) waives all
claims against Leidos Biomed for extensions of time or adjustments to the Contract
Sum based on events or circumstances existing or occurring more than ten (10)
days prior to the date of the subject Invoice, except as specifically stated in the
Invoice or as previously set forth in a separate written notice to Leidos Biomed
(both complying with the requirements of the Contract.
(9) Payment shall be considered made on the date on which a check for such payment
is dated or the date upon which an electronic transfer has been posted.
(10) The document furnishing the information required must be dated and contain the
signature, title, and telephone number of the contractor’s official authorized to
provide it, and the contract number.
(11) The contractor, prior to receiving a progress or final payment under this contract,
shall submit to the Contracting Officer a certification that the contractor has made
payment from proceeds of prior payments, or that the contractor will make timely
payment from the proceeds of the progress or final payment then due to
subcontractors and suppliers in accordance with his contractual arrangements with
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them (See Section J). In addition, contractor shall submit a partial lien release with
all progress payments for any work performed outside of Fort Detrick.
(12) Prior to final payment, the contractor shall furnish Leidos Biomed with a Final
Release of Lien, Waiver of Claims, and Indemnity Agreement or Release of Claims
(See Section J). A Final Release of Lien is required for any lower-tier subcontractor
whose contract value is greater than $150,000.00. In addition, and in accordance
with Leidos Biomed’s Prime Contract with the NCI-Frederick, the final payment
could be delayed greater than the 30 days in receiving the contractual formal
acceptance from the Government.
(13) Prior to submitting a request for payment, the contractor will meet with the CA each
month to review a ‘pencil copy’ of their request for payment. As an outcome of that
meeting, the parties will agree on percent completion for each line item on the
Contactors Schedule of Values and a total invoice amount for the month will be
calculated based on the percentages agreed upon. The agreed upon percent
complete shall be completed no later than the 25th of the month with the monthly
invoice submitted in accordance with paragraph (a) above to Leidos Biomed no
later than the last business day of the month.
(14) No Payment issued and approved, nor payment made to the Contractor, nor partial
or entire occupancy of the Work by Leidos Biomed, shall constitute acceptance of
any Work that is not in strict conformity with the requirements of the Contract
Documents, or is otherwise defective.
c. Subject to other provisions of the Contract Documents, the amount of each progress payment
shall be computed as follows:
1) Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by
the share of the Contract Sum allocated to that portion of the Work in the schedule of
values, less retainage of five percent (5%);
2) Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction less retainage five percent (5%)
3) Subtract the aggregate of previous payments made by Leidos Biomed
d. Payment Schedule:
Payment schedule will be defined for each Task Order.
1) For Task Orders with a period of performance less than 45-Days:

• 100% upon Project Acceptance
2) For Task Orders with a period of performance greater than 45-Days:

• Milestone payments or an agreed upon Schedule of Values
ARTICLE G.4 REVISIONS
a. Prior to the acceptance of a submittal by the Contracting Officer or designated representative,

the contractor shall correct or revise any documents without additional fee as necessary to
comply with provisions of the contract.
b. Leidos Biomed shall not be liable for any costs due to changes or revisions in the statement of
work or revisions of this project as originally negotiated and agreed to unless such changes or
revisions are authorized and approved by the Contracting Officer in writing. Any request for
changes or revisions received from the contractor shall, therefore, be referred to the
Contracting Officer for approval.
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c. A Change in the Work means Work described in a Change Order or Construction Change
Directive that (i) is not reasonably inferable from the Contract Documents by a contractor of
similar skill, experience, and expertise as necessary for the proper, timely, and orderly
completion of the Work; and (ii) is a change in the scope, quantity, quality, programmatic
requirements, or other substantial deviation from or modification of the Work. Leidos Biomed
shall not be liable for any costs due to changes or revisions in the contract documents or
revisions of this project as originally negotiated and agreed to unless such change or revision
are authorized and approved by the Contracting Officer in writing. Any request for changes or
revisions received from the contractor shall, therefore, be referred to the Contracting Officer for
his/her approval. No course of conduct or dealings between the parties, nor express or implied
acceptance of alterations or additions to the Work, and no claim that Leidos Biomed or
Government has been unjustly enriched by any alteration of or addition to the Work, whether
or not there is, in fact, any unjust enrichment to the Work, shall be the basis of any Claim to an
increase in any amounts due under the Contract Documents or a change in any time period
provided for in the Contract Documents. A Change in the Work may be initiated by the
Contractor delivering to Leidos Biomed a written change order request setting forth in detail the
nature and cause of the requested change (the "Change Order Request") which may include
any other written order, direction, instruction, interpretation, or determination from the Project
Manager that the Contractor regards as causing a Change. Notwithstanding any other
provision of the Contract Documents or applicable law, a Change Order Request shall be
submitted to Leidos Biomed within twenty (20) days of the occurrence of the event forming the
basis for the claim. The parties acknowledge that Leidos Biomed will be prejudiced if Contractor
fails to provide the notice required under this Section, and agree that such requirement is an
express condition precedent necessary to any right for an adjustment in the Contract Sum,
Contract Time, or any other modification to any other obligation of Contractor under the
Contract. Oral or constructive notice, shortness of time, or Project Manager or Leidos Biomed’
actual knowledge of a particular circumstance shall not waive, satisfy, discharge or otherwise
excuse Contractor’s strict compliance with this Section. Contractor’s Change Order Request
shall include a written statement setting forth in detail (i) Contractor’s costs of the Work; (ii) any
adjustment to the Substantial Completion Date; and (iii) all other direct or indirect costs that are
attributable to the proposed change. If Leidos Biomed agrees with Contractor’s Change Order
Request, the Contracting Officer shall prepare a final change order in accordance with such
Change Order Request, which shall be signed by Leidos Biomed and Contractor.
d. Agreement on any Change Order shall constitute a final settlement of all matters relating to the
Change in the Work that is the subject of the Change Order, including, but not limited to, all
direct and indirect costs associated with such Change and any and all adjustments to the
Contract Sum and the Contract Time. By executing any Change Order, the Contractor further
expressly and irrevocably waives, renounces and releases (and shall cause any affected
Subcontractor to similarly waiver, renounce and release) any and all other Claims of any kind
or nature concerning, arising from or relating to the Work that is the subject of the Change
Order, including any Claim for compensation, additional time, extended overhead, delay
damages, cumulative impact, ripple effect, cardinal change, cardinal delay, breach of contract,
and any and all other types of claims known in the construction industry.
ARTICLE G.5 WITHHOLDING OF CONTRACT PAYMENTS
Notwithstanding any other payment provisions of this contract, failure of the Contractor to perform
or deliver required work, supplies, or services, will result in the withholding of payments under this
contract unless such failure arises out of causes beyond the control, and without the fault or
negligence of the contractor as defined by the clause entitle” “Default,” “Termination” or
“Termination for Default” as applicable. Leidos Biomed shall promptly notify the contractor of its
intention to withhold payment of any invoice or voucher submitted in the timeframes established in
this section.
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ARTICLE G.6 DISPOSITION OF MATERIAL
Disposition of Material: Upon termination or completion of all work under this contract, the
contractor shall dispose of all materials produced in connection with the performance of this
contract as may be directed by the Contracting Officer, or as specified in other provision of this
contract. All materials produced or required to be delivered under this contract become and remain
the property of Leidos Biomed.
Notwithstanding the above provision, the Contractor will be allowed to retain those project records
they feel are appropriate to protect them against future claims, disputes or issues that might arise
from their performance on the project for the legally prescribed statute of limitations applying to this
project.
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SECTION H
SPECIAL CONTRACT REQUIREMENTS
ARTICLE H. 1 DEFINITIONS
a. Substantial Completion Date: Date when the Work is complete, systems commissioning/acceptance
testing has been completed and systems are operating within their predetermined limits, and only a
small number of non-critical punch list items remain. Project is capable of being used for its intended
purpose.
b. Systems Commissioning/Acceptance Testing: The process of testing, operating, and

demonstrating that the complete system functions as the contract requires. Systems commissioning
includes the testing, operation, and demonstration associated with individual pieces of equipment that
make up the system turnover packages.
c. Project Acceptance: Date after substantial completion that Leidos Biomed has accepted the project
with all punch list items (non-critical) completed.
d. Project Closeout: Date when Leidos Biomed has accepted all contractual requirements with final
releases of liens/claims and final invoice paid to contractor.
e. Business/Work Day: Monday – Friday, 7:00 a.m. – 4:00 p.m. excluding Federal Holidays;
f. Non-critical punch list items: Those deficiencies that are minor in nature determined by the
Contracting Officer but must be corrected to achieve Project Acceptance.
ARTICLE H.2 OTHER CONTRACTS

The contractor shall fully cooperate with any other Contractor(s) and with Leidos Biomed
employees and shall carefully adapt scheduling and performing the work under this contract to
accommodate additional work by other contractors, heeding any direction that may be provided by
the Contracting Officer. The contractor shall not commit or permit any act that will interfere with the
performance of work by any other Contractor or by Leidos Biomed employees, unless such act is
required to allow the contractor to complete its work in accordance with its schedule. If conflicts
arise, the contractor will cooperate with Leidos Biomed to mitigate the conflict in a mutually
agreeable fashion.
ARTICLE H.3 ASBESTOS

In the event material containing asbestos or which is suspected of containing asbestos is found on
the site, the contractor shall stop work in the immediate area and notify the CA. Under no condition
will the contractor disturb, remove, store, or dispose of material containing or suspected of
containing asbestos.
ARTICLE H.4 DISPOSAL OF HAZARDOUS WASTE

The Contractor must coordinate with CA for disposal of any EPA or MDE-regulated hazardous
waste generated during demolition or construction. Regulated hazardous waste generated at
FNLCR facilities must be disposed of through FNLCR established procedures.
ARTICLE H.5 SAFETY PLAN

Reference Section J, Attachment 4
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ARTICLE H.6 SAFETY & ENVIRONMENTAL

Safety and environmental requirements are stated in the contract and in the scope of work. Failure
of the contractor to meet safety and environmental requirements or by failing to properly instruct,
train, and supervise workers, will be considered a material breach of contract. Such a breach may
result in suspension of the work or termination of the contract, until necessary corrections are made
to assure a safe environment.
The contractor is required to comply with all applicable federal, state, and local regulations on
occupational safety and environmental protection to include, as a minimum: 29 CFR 1910; 29 CFR
1926; 40 CFR; 49 CFR; COMAR Title 26; Executive Order 12969
The contractor is required to notify the Leidos Biomed Contracting Officer of any visit to their
worksite by a federal, state, or local regulatory official or of any notice of violation or citation by a
regulatory official. This notification must be made immediately after the visit or citation is received.
The contractor is required to provide the Leidos Biomed Contracting Officer with a copy of the final
citation after any negotiation with the regulatory agency.
ARTICLE H.7 HOT WORK PERMIT

Reference Section J, Attachment 4 – Construction Safety Plan
ARTICLE H. 8 PERMITS
The Contractor will be responsible for applying, procuring, and maintaining any permits required by
applicable laws as required under the scope of work associated with this contract.
ARTICLE H.9 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

Reference Section J, Attachment 4 –Safety Plan
ARTICLE H.10 NOISE AND DUST CONTROL/ NON-INTERRUPTION OF LEIDOS BIOMED ACTIVITIES
/ UTILITY SHUTDOWNS
Interruption or interference with conduct of Leidos Biomed business in other building areas outside
the contract area, or damage to existing equipment within the contract area, shall not be permitted.
To protect Leidos Biomed property and to isolate the contractor’s work, contractor shall provide
drop cloths, plastic film draping, taping, barriers, weatherproof closures and/or covering, and
temporary dust-proof enclosures and partitions, and any other appropriate material found
necessary. Temporary dust-proof enclosures and partitions shall be provided wherever demolition
or construction operations will produce dust or dirt, which would be spread by tracking or air
currents beyond the immediate work area. Fire retardant plastic is required on all such enclosures.
These enclosures shall be erected structurally sound and shall be maintained dust-proof so as to
keep surrounding areas clean and free of dust. Where practical, dust-producing activities shall be
kept dampened with water, so as to reduce the generation of dust.
Work that causes excessive vibration, or noise in excess of 75 dB in an occupied space, such as
concrete saw cutting, the use of pneumatic hammers or hammer drills shall be performed during
Leidos Biomed non-work hours (reference Article H), unless authorized by the Leidos Biomed
Construction Administrator.
Contractor shall not cut, disconnect, switch, open, or alter position of valves, or otherwise interrupt
any utility systems, piping systems, electric services, etc., without prior approval of CA. Shutdown
of any utility service which will affect service to any areas other than those in the contract
requirement area must be requested in writing a minimum of twenty-eight (28) calendar days in
advance and requires written confirmation / approval prior to service interruption. If work being
performed produces fumes and/or vapors, Contractor shall take adequate measures to preclude
them from entering any adjacent occupied areas.
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ARTICLE H.11 PROTECTION OF EXISTING VEGETATION, STRUCTURE, EQUIPMENT, UTILITIES,

AND IMPROVEMENTS
The Contractor shall preserve and protect from damage all structure, equipment, vegetation (such
as trees, shrubs, and grass), and utilities on or adjacent to the work site, which are not to be
removed and which do not unreasonably interfere with the work required under this contract. The
Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging
vegetation that will remain in place. If any limbs or branches of trees are broken during contract
performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim
those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed
by Leidos Biomed.
Prior to the start of the work on site, the Contractor shall surround trees within the project site with
protective fencing as required. The Contractor shall not store materials inside the dripline of trees
or shrubs. Vehicular traffic inside the dripline of trees, on turf areas, or on flowerbeds is not
permitted. Any vegetation damaged by the Contractor during construction shall be replaced with
like genus and species of the same size, at no additional cost to Leidos Biomed. The damaged
plant materials shall be replaced prior to issuance of “substantial completion”.
ARTICLE H.12 TEMPORARY SUPPORT OF WORK, WINTER PROTECTION & POST CLOSING
During this contract, work shall be properly braced, secured or otherwise protected against the
perils of wind, storms, other weather conditions and dislodging. Protect existing adjacent building
areas where work is being conducted. The Contractor shall provide winter protection for all ongoing
work within the contract requirements, so as to minimize delays in the approved schedule. The
method of protection shall be at the discretion of the Contractor but must be submitted to Leidos
Biomed for review and approval, so as to insure adequacy of protection. Work that is to be kept at
a constant temperature as required by the manufacturers and above freezing shall be protected
with "salamander" type heating devices. It shall be the responsibility of the Contractor to maintain
work areas inside the building free of snow and ice to maintain the established schedule and meet
specification requirements. The Contractor shall be responsible for snow and ice removal within
the contract requirements. The Contractor shall be responsible for coordinating with Leidos
Biomed, days in which Fort Detrick shall be closed, due to inclement weather or other emergencies.
The Contractor shall not work on days the post is closed for USAG and Leidos Biomed snow
removal or other emergencies. It shall be the responsibility of the Contractor to seek further
clarification of these conditions prior to the onset of winter.
ARTICLE H.13 WARRANTY OF CONSTRUCTION

a. The Contractor warrants to Leidos Biomed that materials and equipment furnished under the
Contract will meet or exceed the specified quality (or if not specified, will be of good quality), and
will be merchantable and new unless the Contract Documents require or permit otherwise. The
Contractor further warrants that the Work will conform to the requirements of the Contract
Documents, will be free from defects, and that the Contractor’s performance of the Work will comply
with all applicable building codes, rules, regulations and orders and the Contractor’s standard of
care. Work, materials, or equipment not conforming to these requirements, including substitutions
not properly approved and authorized, shall be considered defective. The Contractor’s warranty
excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by
the Contractor or others for whom Contractor is responsible, improper or insufficient maintenance,
improper operation, or normal wear and tear and normal usage. If required by Leidos Biomed, the
Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
b. The Contractor agrees to assign to Leidos Biomed at the time of Substantial Completion of the
Work any and all manufacturer’s warranties relating to materials and labor used in the Work and
further agrees to perform the Work in such manner so as to preserve any and all such
manufacturer’s warranties. If necessary, as a matter of law, the Contractor may retain the right to
enforce directly any such manufacturers’ warranties during the period for correction of Work
following the date of Substantial Completion.
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c. Contractor shall obtain warranties with respect to all equipment and materials and personal
property supplied with respect to the Project from the respective suppliers, at least as favorable as
those generally supplied with respect to such equipment, materials and personal property by
suppliers thereof, which warranties shall be enforceable directly by Leidos Biomed against such
suppliers and shall be in addition to any warranty or guarantee provided by Contractor herein.
Contractor shall assign all warranties and guaranties relating to all such equipment and materials
and personal property supplied with respect to the Project to Leidos Biomed as a condition
precedent to Contractor’s receipt of final payment of the Contract Sum.
d. If, within one (1) year after the date of Substantial Completion of the Work or designated portion
thereof or after the date for commencement of warranties established by terms of an applicable
special warranty required by the Contract Documents, any of the Work is found to be not in
accordance with the requirements of the Contract Documents, the Contractor shall correct it, and
any damage to other Work or property caused or made necessary thereby, promptly after receipt
of written notice from Leidos Biomed to do so unless Leidos Biomed has previously given the
Contractor a written express acceptance of such condition and its nonconforming or defective
nature. Leidos Biomed shall give such notice promptly after discovery of the condition. During the
one-year period for correction of Work, if Leidos Biomed fails to notify the Contractor and give the
Contractor an opportunity to make the correction, Leidos Biomed waives the rights to require
correction by the Contractor.
e. If the Contractor fails after reasonable notice to proceed promptly with the correction, repair, or
replacement of any defective items, materials, or workmanship, Leidos Biomed may replace or
repair such items or materials, correct such workmanship and charge the cost thereof to Contractor.
Nothing contained in this Article H.13 shall be construed to establish a period of limitation with
respect to other obligations the Contractor has under the Contract Documents, at law or in equity.
Establishment of the one-year period for correction of Work as described in this Article relates only
to the specific obligation of the Contractor to correct the Work, and has no relationship to the time
within which the obligation to comply with the Contract Documents may be sought to be enforced,
nor to the time within which proceedings may be commenced to establish the Contractor’s liability
with respect to the Contractor’s obligations other than specifically to correct the Work.
f. The time that any portion of the work is used for the Contractor's benefit before acceptance or
occupancy, including any time required for testing as necessary or required under the contract, will
not count as part of the warranty period. The Contractor warranty of the work runs for the 1-year
period as defined, regardless of whether any commercial warranty coverage of materials,
equipment or components expires earlier. For purposes of this paragraph, acceptance is defined
as the date the facility is substantially complete.
g. Special warranties for products as specified under this article shall not deprive Leidos Biomed of
other rights Leidos Biomed may have under provisions of the contract documents and shall be in
addition to, and run concurrent with, other warranties made by Contractor, Contractor’s lower-tier
subcontractors, and equipment manufacturers under requirements of the contract documents.
h. All Contractor’s warranties and representations contained in this Article, and elsewhere in the
Contract Documents, shall survive the complete performance of the Work or earlier termination of
the Contract.
ARTICLE H.14 PARKING

All personnel engaged on the site by the contractor shall park their vehicles as directed by the CA.
Only necessary work vehicles shall be allowed at the construction site.
The CA shall act as the principle liaison between the contractor and other activities on site to
provide or obtain (but not limited to):
(a) Entrance information and routes for delivery of supplies and equipment.
(b) Storage areas for the contractor’s materials and equipment. (Generally limited to the
contractor’s site.)
(c) Parking areas for contractor’s trucks, cranes, etc.
(d) Approvals, clearances, permits, and inspections.
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(e) Notification to affected activities regarding interruptions of service.
Contractors shall promptly comply with all orders and directions of uniformed Police and Firemen
on the site.
ARTICLE H.15 SITE CLEANING

The Contractor shall, at its own expense, clean-up, remove, and properly dispose of all surplus
materials, containers, trash debris and the like from the project jobsite on a daily basis. Should
Contractor fail to perform any of the forgoing to Leidos Biomed’s satisfaction within a reasonable
amount of time, Leidos Biomed. shall have the right to perform and complete such work itself or
through others and charge the cost thereof to Contractor
ARTICLE H.16 CONTRACTOR PERSONNEL ON SITE

Contractor personnel shall be properly clothed at all times and shall conduct themselves in an
appropriate manner. Unacceptable dress, demeanor, or disruptive conduct may result in the
removal of the individual(s) from the premises and project. Should the Contractor fail to correct the
conditions, then Leidos Biomed reserves the right to take corrective measures.
Leidos Biomed is given the right to require Contractor to remove immediately any personnel on site
whom Leidos Biomed deems incompetent or a hindrance to the proper progress of the Work, and
such person shall not be allowed on any Leidos Biomed project jobsite without the prior written
consent of Contracting Officer. Any costs associated with such removal and replacement, if any,
will be the responsibility of the Contractor.
ARTICLE H.17 RESTRICTION ON PORNOGRAPHY ON COMPUTER NETWORKS
Subcontractor shall not use Subcontract funds to maintain or establish a computer network
unless such network blocks the viewing, downloading, and exchanging of pornography.
ARTICLE H.18 GUN CONTROL
Subcontractor shall not use Subcontract funds in whole or in part, to advocate or promote gun
control.
ARTICLE H.19 ADMINISTRATIVE PROGRAMS

• SECURITY
Initiate a program to protect the project site from theft, vandalism and unauthorized entry. Maintain
the program from mobilization throughout the construction period until Leidos Biomed’s
acceptance.
• ENTRY CONTROL
Initiate a program to restrict entrance of unauthorized persons and vehicles onto the project site;
coordinate with Leidos Biomed. Maintain a log of workmen and visitors to the site and make it
available to Leidos Biomed on request. Schedule deliveries so to prevent blocking of access roads
on the grounds of FNLCR and within the site perimeter.
• PERSONNEL IDENTIFICATION
Leidos Biomed will issue visitor passes and/or visitor access cards as appropriate to contractor
and subcontractor personnel upon completion of forms identified in Article H.27. Construction
management personnel (e.g., project managers and superintendents) must obtain an NIH-issued
Personal Identity Verification (PIV) Badge (see
https://www.ors.od.nih.gov/ser/dpsac/Pages/Home.aspx). Each person on site shall wear the ID
badge while on NCI property (See Section J).
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• PHOTOGRAPHS
Do not allow photographs to be taken without the written approval of Leidos Biomed Protective
Services.
ARTICLE H.20 REQUEST FOR INFORMATION

Leidos Biomed reserves the right to seek reasonable damages at the Contractor's expense if the
contractor repeatedly submits requests for information clearly identifiable within “project
specifications or drawings."
ARTICLE H.21 SUBMITTALS
Upon receipt of Notice to Proceed, the Contractor will be required to begin submittals affecting the
critical path and long lead items and submit to Leidos Biomed submittal schedule in accordance
with Section F.
Leidos Biomed’s or Engineer of Record’s review of such Submissions shall not relieve Contractor
for responsibility for deviations from this Agreement, the Contract Documents or the specifications
and/or drawings, or from engineering-design responsibilities enumerated in the specifications,
unless Contractor has, in a writing separate and apart from any Submission, specifically called to
Leidos Biomed’s attention to such deviations at the time of delivery of such Submissions to Leidos
Biomed, nor shall it relieve Contractor from the responsibility for errors. Upon return of Submissions
to Contractor, Contractor shall make any corrections required and, within an appropriate time frame
determined by the Contract Documents, furnish corrected Submittals (“Resubmittals”) to Leidos
Biomed for further review until submittals achieve “No Exception Taken” Status.
If Contractor fails to make timely submittals and/or resubmittals to maintain job progress, Contractor
shall be liable for all costs, expenses, and damages resulting from such delays.
ARTICLE H.22 PROGRESS MEETINGS

Progress meetings involving representatives of the Contractor, lower-tier contractors, and Leidos
Biomed personnel may be conducted by the CA or Project Manager. Leidos Biomed shall establish
the
time and place for the meetings and record and distribute the meeting minutes in a timely fashion.
In addition, the contractor will hold any other progress or coordination meetings they feel are
required to properly prosecute their work and they may invite Leidos Biomed personnel to attend
these meetings as they deem appropriate.
ARTICLE H.23 DAILY REPORTS

The contractor shall prepare and provide a daily report to the Leidos Biomed CA for the duration of
the project. The daily report shall be in a format provided by or approved by Leidos Biomed. The
report shall include, as a minimum, a summary of daily progress, man-power on-site by craft, safety
data (incidents, near misses, observations, training, etc.), weather conditions, and any other issues
significant to the project performance. Reference Project Specifications for additional requirements.
ARTICLE H.24 WAGE RATE

The wage rates set forth in the attached Wage Rate Decision are representative rates, which may
be paid the respective classes of laborers and mechanics, pursuant to the FAR Clause 52.222-6,
Construction Wage Rate Requirements (Davis-Bacon Act) and are to be considered as
representative rates only. The contractor and all lower tier subcontractors shall compensate all
covered employees at not less than the rates specified in the current prevailing wage determination
issued by the Secretary of Labor, relative to the classes of labor involved. Payrolls for the contractor
and all subcontractors working on the project shall be submitted to the Leidos Biomed’s
Subcontract Administrator every Friday (See Section J).
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ARTICLE H.25 CERTIFIED PAYROLLS

The Contractor shall comply with the statutory requirement of FAR Clause 52.222-6, Construction
Wage Rate Requirements (Davis-Bacon Act). In accordance with any labor provisions applicable
to this contract, completed Certified Payroll Reports must be submitted by the contractor to Leidos
Biomed on a weekly basis. Reports shall be submitted for all weeks covered by this contract,
including interim weeks regardless of whether work is performed during the week. The last report
submitted for a project must be marked “Final Report”. If the contractor is performing on multiple
projects for the Leidos Biomed, the contractor is to provide separate payroll reports for each project.
The wage rates set forth in the attached Wage Rate Decision are the minimum rates, which may
be paid the respective classes of laborers and mechanics, pursuant to Clause 52.222-6,
Construction Wage Rate Requirements (Davis-Bacon Act). The labor rates represent the most
recent determination by the Secretary of Labor, relative to the classes of labor involved.
ARTICLE H.26 PRICE ADJUSTMENT

Any proposed price change must be supported in sufficient detail to permit an analysis of the
individual elements of estimated/actual cost including material, equipment, labor, overhead
applications, and profit. Any proposed fixed or standard unit pricing, e.g., a fixed rate per sq. ft. of
added performance, will be considered only if the contractor establishes that such prices are
competitive or realized by the contractor in substantial contracting with the general public.
The following provisions establish and define allowable costs and rates:
Direct Labor: Incurred direct labor wages for technical, craft and manual labor for all classifications
through to include foreman or equivalent are allowable for the period of performance of the change.
Indirect Labor: General supervision and management above foreman or equivalent such as
classifications identified as “Key Personnel”, field/project engineer, estimators, accounting,
timekeepers, all other office personnel, are not allowable as direct costs but are recovered in the
overhead and profit rates established by this clause.
Mark-up: For change order work performed by subcontractor(s), the allowable mark-up by
subcontractor shall be no more than ten percent (10%) of the direct costs for overhead and five
percent (5%) of the direct costs and overhead for profit; The contractor shall be entitled to mark-up
the subcontractor’s price by no more than an additional five (5%).
For change order work that is performed entirely by contractor, the allowable mark-up by contractor
shall be no more than ten percent 10% of direct costs for overhead and profit. In addition, as
applicable - additional bonding security is allowable.
The contractor shall also provide a detailed cost estimate for any credits for the deletion or
substitution of work, which Leidos Biomed shall be entitled to use to offset the cost of any changes,
as well as with any time extensions, which may be required. The credit shall include all the overhead
and profit percentages (which shall not exceed the percentages amount set forth above), markups,
and contractor/subcontractor pricing.
ARTICLE H.27 ACCESS TO FORT DETRICK
Reference Section J – for procedures for access to Ft. Detrick, NCI- Buildings and other FNCLR buildings
outside of Ft. Detrick.
Contractor shall be aware of the following:
• Fort Detrick Access Gates: Only those employees and personnel with a Federal/NIH PIV
badge or US Army Access Card will be granted access at all gates. All vehicles and items
contained therein are subject to search upon entry.
• NCI at Frederick Visitor's Guide: All visitors traversing the Fort Detrick gates are required to
undergo a background check prior to being granted access. This will occur at the Nallin Gate
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Visitor Control Center. Visitors include delivery vendors, construction contractors, taxi drivers,
etc.
Subcontractors to Leidos Biomed may not use the Trusted Traveler Program, even if issued
an NIH PIV badge. Every person in the vehicle must show identification at the gates. Visitors
are required to obtain installation badges from the visitor's center at Nallin Gate.
See the Fort Detrick website for access control at https://home.army.mil/detrick/index.php/my-fort/all-

services/gate-information for further details.
ARTICLE H.28 LOWER TIER SUBCONTRACTS

Prior to any on-site activity by a subcontractor, the contractor shall comply with the General
Provision Clause 52.222-11, Subcontracts (Labor Standards) by completing, for each lower tier
subcontractor subject to the labor provisions of the contract, the Statement and Acknowledgement
Form (SF 1413). As an alternative to using the form, the Contractor may furnish all of the required
information and signatures on plain paper. In addition to the reporting of those lower tier
subcontracts subsequently awarded subcontracts must be reported prior to any on-site activity by
a subcontractor.
ARTICLE H.29 INDEPENDENT CONTRACTOR

The Contractor in rendering the services hereunder shall be deemed to be an independent
contractor and not an employee, agent or officer of Leidos Biomed. Nothing herein contained shall
be construed to place the parties in the relationship of partners or joint ventures. The Contractor
will provide services to Leidos Biomed in accordance with generally accepted professional practice.
ARTICLE H.30 PROHIBITION ON CONTRACTOR INVOLVEMENT WITH TERRORIST ACTIVITIES

The Contractor acknowledges that U.S. Executive Orders and Laws, including but not limited to E.O.
13224 and P.L. 107-56, prohibit transactions with and the provision of resources and support to,
individuals and organizations associated with terrorism. It is the legal responsibility of the contractor
to ensure compliance with these Executive Orders and Laws. This clause must be included in all
subcontracts issued under this contract.
ARTICLE H.31 SMALL BUSINESS PLAN (APPLICABLE FOR ANY TASK ORDER AWARD >$1.5M)
a) Small Business Subcontracting
(1) The approved Small Subcontracting Plan (Section J)
(2) The failure of any Contractor to comply in good faith with the Clause entitled, “Utilization of
Small Business Concerns” incorporated in this contract and the attached Subcontracting
Plan, will be a material breach of such contract or subcontract and subject to the remedies
reserved to Leidos Biomed under FAR Clause 52.219-16 entitled, Liquidated Damages –
Subcontracting Plan.
The following are minimum suggested subcontracting percentage goals:
• Small Business (Incl. ANC and Indian Tribes) 33.0%

• Veteran Owned Small Business 3.0%
• Service Disabled Veteran-Owned Small Business 3.0%
• HUBZone Small Business 3.5%
• Small Disadvantaged Business (Incl. ANC and Indian Tribes): 5.0%
• Women Owned Small Business 5.0%
Having stated the above, Leidos Biomed reserves the rights to re-evaluate the 32% goal on
a periodic basis, and mutually make adjustments as appropriate.
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b) Subcontracting Reports
Subcontracting Plan:
In order to be eligible for an award, a Large Business offeror shall submit a Small Business
Subcontracting Plan with the proposal submitted in response to this solicitation. Offeror must
also provide with the proposal the name, title, telephone number, fax number and e-mail
address of the individual who will administer the subcontracting plan.
Period Reports:
The Large Business, who is awarded the contract/subcontract in excess of $700,000 or $1.5
million for construction, must submit the ISR and SSR via the Electronic Subcontracting
Reporting System (eSRS) as a lower-Tier Subcontractor for Contract #75N91019D00024,
DUNS # 15-999-0456. As requested in the submittal through eSRS (www.esrs.gov),
employee to be notified of submittal should be entered as crystal.canja@nih.gov
The submission of the data forms must be completed within 30 days of the closing of each
reporting period.
• 1st reporting period Oct 1-March 31st

• 2nd reporting period Oct 1-Sept 30th
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PART II - CONTRACT CLAUSES
SECTION I
CONTRACT CLAUSES
USE OF GOVERNMENT CLAUSE PROVISIONS

Although Leidos Biomedical Research, Inc. is a commercial organization, in the interest of
economy, we have utilized Government clauses with the following changes:
Where the words “Contracting Officer” or “Government” appear, it shall be understood to mean “Prime
Contractor” provided; however, that such substitution in no way supersedes or diminishes any rights or
responsibilities of the Government under public law, Federal Acquisition Regulations, or in the terms of the
prime contract, including, but not limited to, the right to review, audit, and approve any records or procedures
of the Contractor.
These above conditions also apply to the usage of these words as they appear through the SPECIAL
PROVISIONS and all other terms and conditions applicable to this contract.
A.. LEIDOS BIOMEDICAL RESEARCH, INC. - TERMS AND CONDITIONS

This subcontract incorporates the following Leidos Biomedical Research, Inc. (Leidos Biomed) Terms and
Conditions dated 02/12/16.
1. GOVERNMENT RELATIONSHIP
This Order is made by Leidos Biomed, a Subsidiary of Leidos Corporation under its contract with the National
Cancer Institute (NCI). The provisions and clauses contained herein are influenced by and reflect the
relationship of the parties in that contract, which was awarded and is administered under the provision of the
Federal Acquisition Regulation (FAR). There is no privity of contract between the Seller and the Government.
2. GENERAL RELATIONSHIP
The Seller is not an employee of Leidos Biomed for any purpose whatsoever. Seller agrees that in all matters
relating to this Order it shall be acting as an independent contractor and shall assume and pay all liabilities
and perform all obligations imposed with respect to the performance of this Order. Seller shall have no right,
power or authority to create any obligation, expressed or implied, on behalf of Buyer and/or Buyer’s customers
and shall have no authority to represent Buyer as an agent.
3. DEFINITIONS
• Buyer – Leidos Biomed
• Seller – The party, contractor or subcontractor, receiving the award from Leidos Biomed.
• Prime Contract − The Government contract under which this Order is issued (see paragraph 1
entitled "Government Relationship").
• NCI Government Contracting Officer −The NCI person with the authority to interpret, modify,
administer, and/or otherwise make decisions with regard to the Prime Contract". This term includes
authorized representatives of the NCI Contracting Officer within their delegated authority.
• Contracting Officer – The Leidos Biomed person with the authority to enter into and administer
Orders. The term includes authorized representatives of the Contracting Officer acting within their
delegated authority.
• Order – The contractual agreement between Leidos Biomed and the Seller.
• Frederick National Laboratory for Cancer Research (FNLCR) – the Facility operated by Leidos
Biomed.
• Special Definitions – See paragraph 4 for the special definitions that apply in the use of the
solicitation and award clauses of this Order.
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4. SOLICITATION AND AWARD CLAUSES – SPECIAL DEFINITIONS

FAR clauses included in this Order, including any solicitation document, shall be interpreted as follows:
Unless a purposeful distinction is made clear and the context of the clause requires retention of the original
definition, the term “Contractor” shall mean Seller, the term “Contract” shall mean this Order, the term
“Subcontractor” shall mean subcontractors of Seller at any tier, and the terms “Government”, “Contracting
Officer” and equivalent phrases shall mean Leidos Biomed and Leidos Biomed’s Contracting Officer,
respectively. It is intended that the referenced clauses shall apply to Seller in such manner as is necessary
to reflect the position of Seller as a contractor to Leidos Biomed to insure Seller’s obligations to Leidos
Biomed and to the United States Government, and to enable Leidos Biomed to meet its obligations under
its Prime Contract.
Full text of the referenced clauses may be found in the FAR (Code of Federal Regulation [CFR] Title 48),
obtainable from the Superintendent of Documents, Government Printing Office (GPO), Washington, DC
20402 or online at https://acquisition.gov/.
Copies of the clauses will be furnished by the Contracting Officer upon request.
5. ENTIRE AGREEMENT
This Order, including all attachments and/or documents incorporated by reference by Buyer, shall constitute
the entire agreement between Buyer and Seller. No other document (including Seller’s proposal, quotation
or acknowledgement forms, etc.) shall be a part of this Order, even if referred to, unless specifically agreed
to in writing by Buyer. No right that Buyer has regarding this Order may be waived or modified except in
writing by Buyer.
6. ACCEPTANCE AND MODIFICATION OF TERMS

Acceptance of this Order by Seller may be made by signing the acknowledgement copy hereof or by partial
performance hereunder, and any such acceptance shall constitute an unqualified agreement to all terms
and conditions set forth herein unless otherwise modified in writing by the parties. Any additions, deletions
or differences in the terms proposed by Seller are objected to and hereby rejected, unless Buyer agrees
otherwise in writing. No additional or different terms and conditions proposed by the Seller in accepting
this Order shall be binding upon Buyer unless accepted in writing by Buyer and no other addition, alteration
or modification to, and no waiver of any of the provisions herein contained shall be valid unless made in
writing and executed by Buyer and Seller. Seller shall perform in accordance with the Description/Quantity
schedule set forth in this Order and all attachments thereto.
7. LEGAL CONSTRUCTION AND INTERPRETATIONS

This Order shall be governed by and interpreted in accordance with the principles of Federal Contract Law,
and to the extent that Federal Contract Law is not dispositive, and the state law becomes applicable, the
law of the State of Maryland shall apply.
8. COMPLIANCE WITH LAWS AND REGULATIONS

Seller shall submit all certifications required by Buyer under this Order and shall at all times, at its own
expense, comply with all applicable Federal, State and local laws, ordinances, administrative orders, rules
or regulations.
9. GIFTS
Seller shall not make or offer a gratuity or gift of any kind to Buyer’s employees or their families. Seller
should note that the providing of gifts or attempting to provide gifts under government subcontracts might
be a violation of the Anti-Kickback Act of 1986 (4 U.S.C. 51-58).
10. BUYER FURNISHED DATA AND MATERIALS
Seller agrees that it will keep confidential and not disclose, disseminate or publish the features of any
equipment, tools, gauges, patterns, designs, drawings, engineering data, computer programs and software
or other technical or proprietary information furnished, loaned or bailed by Buyer hereunder (hereinafter
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collectively referred to as items/information), and will use such items/information only in the performance of
this Order or, if authorized, other orders from Buyer, and not otherwise without Buyer’s written consent.
All such items furnished, loaned or bailed by Buyer hereunder, or fabricated, manufactured, purchased, or
otherwise acquired by Seller for the performance of this Order and specifically charged to Buyer, are the
property of Buyer.
Upon completion, expiration or termination of this Order, Seller shall return all such items in good condition,
reasonable wear only excepted, together with all spoiled and surplus items to Buyer, or make such other
disposition thereof as may be directed or approved by Buyer. Seller agrees to replace, at its expense, all
such items not so returned. Seller shall make no charge for any storage, maintenance or retention of such
items. Seller shall bear all risk of loss for all such items in Seller’s possession.
Seller also agrees to use any designs or data contained or embodied in such items in accordance with any
restrictive legends placed on such items by Buyer or any third party. If Buyer furnishes any material, for
fabrication hereunder, Seller agrees: (i) not to substitute any other material for such fabrication with Buyer’s
prior written consent, and (ii) that title to such material shall not be affected by incorporation in or attachment
to any other property.
11. NOTICE OF DELAY

Seller agrees to immediately notify Buyer in writing of any actual or potential delay in Sellers performance
under this Order. Such notice shall, at a minimum, describe the cause, effect, duration and corrective action
proposed by Seller to address the problem. Seller shall give prompt written notice to Buyer of all changes
to such conditions.
12. CHANGES AND SUSPENSION

Buyer may, by written notice to Seller at any time, make changes within the general scope of this Order in
any one or more of the following: (a) drawings, designs or specifications; (b) quantity; (c) time or place of
delivery; (d) method of shipment or packing; and (e) the quantity of Buyer furnished property. Buyer may,
for any reason, direct Seller to suspend, in whole or in part, delivery of goods or performance of services
hereunder for such period of time as may be determined by Buyer in its sole discretion. If any such change
or suspension causes a material increase or decrease in the cost of, or the time required for the
performance of any part of the work under this Order, an equitable adjustment shall be made in the Order
price or delivery schedule, or both, provided Seller shall have notified Buyer in writing of any claim for such
adjustment within twenty (20) days from the date of notification of the change or suspension from Buyer.
No such adjustment or any other modification of the terms of this Order will be allowed unless authorized
by Buyer by means of a written modification to the Order. Seller shall proceed with the work as changed
without interruption and without awaiting settlement of any such claim.
13. ADVERTISING
Seller agrees that prior to the issuance of any publicity or publication of any advertising that in either case
makes reference to this Order or to Buyer, Seller will obtain the written permission of Buyer with respect
thereto.
14. CONFIDENTIAL INFORMATION

Seller shall not at any time, even after the expiration or termination of this Order, use or disclose to any
person for any purpose other than to perform this Order, any information it receives, directly or indirectly
from Buyer in connection with this Order, except information that is or becomes publicly available, or is
rightfully received by Seller from a third party without restriction. Upon request by Buyer, Seller shall return
to Buyer all documentation and other material containing such information.
15. INDEMNIFICATION
Seller shall indemnify, defend and hold Leidos Biomed and Leidos Biomed’s customers harmless from and
against any and all damages, losses, liabilities and expenses (including reasonable attorneys’ fees) arising
out of or relating to any claims, causes of action, lawsuits or other proceedings, regardless of legal theory,
that result, in whole or in part, from Seller’s (or any of Seller’s lower tiers, suppliers, employees, agents or
representatives): (i) intentional misconduct, negligence, or fraud, (ii) breach of any representation, warranty
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June 25, 2020
or covenant made herein; (iii) breach of the confidentiality or disclosure provisions herein; (iv) infringement
of any patent, trademark, copyright, trade secret, or any other intellectual property right; or (v) violation of
any law or regulation. Notwithstanding the foregoing, Seller’s obligations under this Section shall not apply
to the extent that a claim is finally determined by a court of competent jurisdiction to be caused by the
negligence or willful misconduct of Buyer.
Leidos Biomed. shall promptly notify the Seller of any claim that is covered by this indemnification provision
and shall authorize representatives of the Seller or settle or defend any such claim or suit and to take charge
of any litigation in connection therewith.
Notwithstanding this section, should the deliverables or portion thereof be held to constitute an infringement
and use as contemplated by this Agreement be enjoined or be threatened to be enjoined, the Seller shall
notify Leidos Biomed immediately, at the Seller’s expense, procure for Leidos Biomed the right to continue
to use the deliverables or portion thereof with a version that is non-infringing, provided that the replacement
or modified version meets any applicable specifications to Leidos Biomed’s satisfaction. If Seller is unable
or unwilling to secure the right of use or provide a suitable substitution that is non-infringing within ninety
(90) days, then in addition to any damages or expenses reimbursed under this section, the Seller shall
refund to Leidos Biomed all amounts paid to Seller by Leidos Biomed under this Agreement.
16. NON-WAIVER OF RIGHTS

The failure of Buyer to insist upon strict performance of any of the terms and conditions in this Order or to
exercise any rights or remedies, shall not be construed as a waiver of its rights to assert any of same or to
rely on any such terms or conditions at any time thereafter. Acceptance or payment of any part of the Order
shall not bind Buyer to accept future shipments or performance of services nor deprive Buyer of the right
to return goods already accepted or for which Buyer has made payment. Acceptance or payment shall not
be deemed to be a waiver of Buyer’s right to cancel or return all or any part of the goods because of failure
to conform to the Order or by reason of defects, whether latent or patent, or other breach of warranty, or to
make any claim for damages of any and all kind.
17. INSURANCE REQUIREMENTS

Prior to award or Notice to Proceed when applicable, the Seller must provide Certificates of Insurance,
evidencing that the insurance coverages required below are in force. Seller must provide no less than thirty
days’ written notice prior to any cancellation or restrictive modification of the policies. In addition, the
Certificate of Insurance shall A) certify that the Seller is insured for the period of performance of this
Agreement, B) shall name Leidos Biomedical Research, Inc. as “Additionally Insured,” and C) shall identify
this Agreement by number and brief description.
The Seller is responsible for maintaining the minimum insurance coverages stated herein throughout the
term of this agreement including any modifications extending the period of performance or the exercising
of any option periods. Should this insurance coverage lapse, be cancelled, or modified in any way Seller
will immediately notify Leidos Biomed.
The coverage’s stated herein shall in no way lessen nor effect the Seller’s other obligations or liabilities set
forth in this Agreement.
The Seller agrees to purchase and maintain at its own expense the following insurance coverages with
minimum limits as stated:
(i) Statutory Workers’ Compensation and Employer’s Liability in an amount no less than that
required by statute in the state of Agreement performance covering its employees, including a
waiver of subrogation obtained from the carrier in favor of Leidos Biomed.
(ii) Commercial General Liability in an amount no less than $10 Million per each occurrence and
$10 Million in this aggregate covering bodily injury, broad form property damage, personal
injury, products and completed operations, contractual liability, and independent contractors’
liability. Leidos Biomed, its officers and employees shall be included as Additional Insureds;
and a waiver of subrogation shall be obtained from the carrier in favor of Leidos Biomed.
(iii) Automobile Liability in an amount no less than $1 Million Combined Single Limit for Bodily Injury
covering use of all owned, non-owned, and hired vehicles.
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(iv) Professional Liability in an amount no less than $1 Million per occurrence covering damages
caused by any acts, errors, and omissions arising out of the professional services performed
by the Seller, or any person for whom the Seller is legally liable. To the extent that coverage
for the Seller’s services are not excluded in (b) above by virtue of being deemed not of a
professional nature, this requirement does not apply.
(v) Builder’s Risk Insurance – General Contractor shall provide coverage in an amount no less
than the subcontract value or $5 Million per occurrence and $5 Million in this aggregate,
whichever is greater, as well as subsequent modifications thereto, for the entire Work at the
Site on a replacement cost basis. Such property insurance shall be maintained unless
otherwise provided in the Contract Documents, until final payment has been made or until no
person or entity other than Owner has an insurable interest in the property. This insurance shall
include General Contractor as Named Insured and Leidos Biomed, its officers and employees
and Subcontractors (all tiers) performing the Work as Additional Insureds. General Contractor
shall be responsible for the payment of all deductibles under Builder’s Risk insurance set forth
herein. The Builders Risk insurance shall be on an All Risk policy form basis and insure against
the perils of fire, and physical loss or damage including, collapse, temporary building and debris
removal, including demolition occasioned by endorsement of any applicable legal
requirements, theft, vandalism, malicious mischief, windstorm, false work, testing and startup.
Such insurance shall include soft costs coverage in an amount to be agreed upon between the
parties. Coverage applies to property of every kind and description intended to become a
permanent part of the construction, installation or erection of the project. Including but not
limited to materials, supplies, fixture, machinery, temporary structures, scaffolding, construction
forms, cribbing, foundations, underground work, sidewalks and paving. The Builder’s Risk
insurance shall include coverage, subject to sub-limits, for earthquake and flood. Policy
includes a blanket waiver of subrogation.
The required insurance coverages above shall be primary and non-contributing with respect to any other
insurance that may be maintained by Leidos Biomed and notwithstanding any provision contained herein.
The Seller and its employees, agents, representatives, consultants, subcontractors and suppliers, are not
insured by the Leidos Biomed, and are not covered under any policy of insurance that Leidos Biomed has
obtained or has in place.
Any self-insured retentions, deductibles and exclusions in coverage in the policies required under this
section shall be assumed by, for the account of, and at the sole risk of, the Seller which provides the
insurance and to the extent applicable shall be paid by the Seller. In no event shall the liability of the Seller
be limited to the extent of any insurance or the minimum limits required herein.
18. EXPORT CONTROL COMPLIANCE FOR FOREIGN PERSONS

The Seller warrants that it has in place a system or process for compliance with all U.S. export control laws,
including but not limited to the regulations of the U.S. Department of Commerce and/or U.S. Department of
State. At all times, the Seller shall comply with all applicable federal, state and local laws applicable to the
export of any process, goods and/or technical data and information from the United States and within the
U.S. to foreign nationals.
Furthermore, Seller agrees that it shall not disclose, export, or re-export any Leidos Biomed information, or
any process, product, or services produced under this Order, in violation of any restrictive legends placed
on such items by Leidos Biomed. In addition, the Seller agrees to immediately notify Leidos Biomed if the
Seller is listed on any of the Department of State, Treasury, or Commerce proscribed persons,
organizations or destinations lists, or if the Seller’s export privileges are otherwise denied, suspended, or
revoked in whole or in part. Seller shall not be required to accept any information or any work under this
Order that requires access to information that is subject to export controls.
19. ASSIGNMENT
Neither this Order nor any interest herein may be assigned, in whole or in part, without the prior written
consent of Buyer except that the Seller shall have the right to assign this Order to any successor of such
party by way of merger or consolidation or the acquisition of substantially all of the business and assets of
the Seller relating to the subject matter of this Order. This right shall be retained provided that such
successor shall expressly assume all of the obligations and liabilities of the Seller under this Order, and
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June 25, 2020
that the Seller shall remain liable and responsible to Buyer for the performance and observance of all such
obligations.
Notwithstanding the foregoing, any amounts due the Seller may be assigned in accordance with the
provisions of the clause 52.232-23, Assignment of Claims.
In the event the prime contract of Leidos Biomed with the Government is succeeded by a successor
contractor selected by the Government, this Order may be assigned to the successor contractor.
20. DISPUTES
(A) If a decision relating to the Prime Contract is made by the NCI Contracting Officer and such decision is
also related to this Order, said decision, if binding upon Buyer under the Prime Contract shall in turn be
binding upon Buyer and Seller with respect to such matter; provided, however, that if Seller disagrees with
any such decision made by the NCI Contracting Officer and Buyer elects not to appeal any such decision,
Seller shall have the right reserved to Buyer under the Prime Contract with the Government to prosecute a
timely appeal in the name of Buyer, as permitted by the contract or by law, Seller to bear its own legal and
other costs. If Buyer elects not to appeal any such decision, Buyer agrees to notify Seller in a timely fashion
after receipt of such decision and to assist Seller in its prosecution of any such appeal in every reasonable
manner. If Buyer elects to appeal any such decision of the NCI Contracting Officer, Buyer agrees to furnish
Seller promptly of a copy of such appeal. Any decision upon appeal, if binding upon Buyer, shall in turn be
binding upon Seller. Pending the making of any decision, either by the NCI Contracting Officer or on appeal,
Seller shall proceed diligently with performance of this Order.
If, as a result of any decision or judgment which is binding upon Seller and Buyer, as provided above, Buyer
is unable to obtain payment or reimbursement from the Government under the Prime Contract for, or
is required to refund or credit to the Government, any amount with respect to any item or matter for which
the Buyer has reimbursed or paid Seller, Seller shall, on demand, promptly repay such amount to Buyer.
Additionally, pending the final conclusion of any appeal hereunder, Seller shall on demand promptly
repay any such amount to Buyer. Buyer's maximum liability for any matter connected with or related to this
Order which was properly the subject of a claim against the Government under the Prime Contract shall
not exceed the amount of the Buyer's recovery from the Government.
Seller agrees to provide certification that data supporting any claim made by Seller hereunder is made in
good faith and that the supporting data is accurate and complete to the best of the Seller's knowledge or
belief, all in accordance with the requirements of the Contracts Disputes Act of 1978 (41USC601-613) and
implementing regulations. If any claim of Seller is determined to be based on fraud or misrepresentation,
Seller agrees to defend, indemnify, and hold Buyer harmless for any and all liability, loss, cost, or expense
resulting therefrom.
Any dispute not addressed in paragraph (A) above, will be subject to paragraph (B) as described below.
(B) Buyer and Seller agree to first enter into negotiations to resolve any controversy, claim or dispute
(“dispute”) arising under or relating to this Order. The parties agree to negotiate in good faith to reach a
mutually agreeable resolution of such dispute within a reasonable period of time. If good faith negotiations
are unsuccessful, Buyer and Seller agree to resolve the dispute by binding and final arbitration in
accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect.
The arbitration shall take place in the County of Frederick, State of Maryland. The arbitrator(s) shall be
bound to follow the provisions of this Order in resolving the dispute and may not award punitive damages.
The decision of the arbitrator(s) shall be final and binding on the parties, and any award of the arbitrator(s)
may be entered or enforced in any court of competent jurisdiction.
Seller hereby waives any immunity, sovereign or otherwise, that it would otherwise have to such jurisdiction
and agrees that its rights, obligations, and liabilities hereunder shall be determined in the same manner and
to the same extent as those of a private litigant under like circumstances.
All costs of the arbitration shall be shared equally between the Parties, but the Parties specifically agree
that each Party shall bear the expense of any costs incurred by it for its own counsel, experts, witnesses,
preparation of documents, presentations, and logistics related to the proceedings.
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Pending any decision, appeal or judgment referred to in this provision or the settlement of any dispute
arising under this Order, Seller shall proceed diligently with the performance of this Order.
21. NOTIFICATION OF DEBARMENT/SUSPENSION

By acceptance of this Order either in writing or by performance, Seller certifies that as of the date of award
of this Order neither the Seller, lower tiers, nor any of its principals, is debarred, suspended, or proposed
for debarment by the Federal Government. Further, Seller shall provide immediate written notice to the
Buyer in the event that during performance of this Order the Seller or any of its principals is debarred,
suspended, or proposed for debarment by the Federal Government.
22. QUALITY ASSURANCE/INSPECTION

All goods furnished and services performed pursuant hereto shall be subject to inspection and test by Buyer
at all reasonable times and places, during the Order term, and in any event, prior to Final Acceptance as
that term is defined in the Statement of Work. No inspection made prior to Final Acceptance shall relieve
Seller from responsibility for defects or other to meet the failure requirements of this Order. In the event
that goods furnished, or services supplied are not in accordance with the Statement of Work and Schedule
or other requirements, Buyer may require Seller to promptly correct, repair, replace or re-perform the goods
or services. The cost of correction, repair, replacement, or re-performance shall be determined under
Section 6 of this Order. If Seller fails to proceed with reasonable promptness to perform the required
correction, repair, replacement, or re-performance, Buyer may terminate the Order for default. If Seller is
unable to accomplish the foregoing, then Buyer may procure such materials and services from another
source or perform such services in-house and charge to Seller’s account all costs, expenses and damages
associated therewith. Buyer’s approval of designs furnished by Seller shall not relieve Seller of its
obligations hereunder.
23. ORDER OF PRECEDENCE

In the event of an inconsistency or conflict between these Leidos Biomed Terms and Conditions and the
Order issued, the inconsistency or conflict shall be resolved by giving precedence in the following order:
1) The Order including Leidos Biomed Standard Terms and Conditions, Exhibits thereto and any
provisions.
2) Specifications and/or drawings.
3) Other documents or exhibits when attached.
24. TERMINATION
1) Termination for Convenience

1) Buyer shall have the right to terminate this Order, in whole or in part, at any time, without cause,
by providing written notice to Seller. Upon receiving notice of such termination, Seller shall:
a) stop all work on this Order on the date and to the extent specified;
b) place no further contracts hereunder except as may be necessary for completing such
portions of the Order that have not been terminated; and
c) terminate all contracts to the extent that they may relate to portions of the Order that have
been terminated; and
d) protect all property in which Buyer has or may acquire an interest and deliver such property
to Buyer.
2) Within twenty (20) days from such termination, Seller may submit to Buyer its written claim for
termination charges in the form prescribed by Buyer. Failure to submit such claim within such
time shall constitute a waiver of all claims and a release of all Buyer’s liability arising out of
such termination. Under no circumstances shall Seller be entitled to anticipatory or lost profits.
3) Buyer reserves the right to verify claims hereunder and Seller shall make available to Buyer,
upon its request, all relevant, non-proprietary books and records for inspection and audit (e.g.
timecards and receipts). If Seller fails to afford Buyer its rights hereunder, Seller shall be
deemed to have relinquished its claim.
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June 25, 2020
2) Termination for Default

1) Buyer may, by written notice of default to Seller, terminate the whole or any part of this Order,
in any one of the following circumstances:
a) Seller fails to make delivery of the goods or to perform the services within time specified
herein or any extension thereof; or
b) Seller fails to perform any of the other provisions of this Order in accordance with its terms
and does not cure such failure within a period of ten (10) days after receipt of notice from
Buyer specifying such failure; or
c) Seller becomes insolvent or the subject of proceedings under any law relating to the relief
of debtors or admits in writing its inability to pay its debts as they become due.
2) If this Order is so terminated, Buyer may procure or otherwise obtain, upon such terms and in
such manner as Buyer may deem appropriate, goods or services similar to those terminated.
Seller shall be liable to Buyer for any excess costs of such similar supplies or services.
3) Seller shall transfer title and deliver to Buyer, in the manner and to the extent requested in
writing by Buyer at or after termination, such complete or partially completed articles, property,
materials, parts, tools, fixtures, plans, drawings, information and contract rights as Seller has
produced or acquired for the performance of the terminated part of this Order, and Buyer will
pay Seller the contract price for completed articles delivered to and accepted by Buyer and the
fair value of the other property of Seller so requested and delivered.
4) Seller shall continue performance of this Order to the extent not terminated. Buyer shall have
no obligation to Seller with respect to the terminated part of this Order except as herein
provided.
25. SECURITY
Under its contract with NCI, Leidos Biomed shall be required to conduct, on persons performing work on
Government Owned or controlled installations, individual background checks prior to the commencement
of effort. As part of this process, information will be required to enable Buyer to conduct the appropriate
background checks, including name (including any aliases), daytime phone number, SSN, date of birth,
and country of birth. Individuals who are unable or unwilling to provide the required information and/or
receive the required authorizations will not be allowed access to FNLCR or any controlled premises.
Seller agrees to comply with the Information Technology (IT) systems security and /or privacy specifications
set forth in the Agreement; the Federal Information Security Management Act of 2002; Office of
Management and Budget (OMB) Circular A-130, Appendix III, “Security of Federal Automated Information
Systems”, and the DHHS Automated Information Systems Security Program (AISSP) Handbook, which
may be found at the following websites: Federal Information Security
Management Act of 2002; OMB A-130 Appendix III and DHHS AISSP Handbook :
http://www.whitehouse.gov/omb/circulars_a130_a130trans4/, http://www.fas.org/sgp/othergov/hhs-
infosec.pdf
The Seller further agrees to include this provision in any Order awarded pursuant to the Agreement. Failure
to comply with these requirements may constitute cause for termination.
The Seller shall be responsible for properly protecting all information used, gathered, or developed as a
result of the Agreement. The Seller shall establish and implement appropriate administrative, technical,
and physical safeguards to ensure the security and confidentiality of sensitive Government information,
data and/or equipment. Any Seller employee who may have access to sensitive information under this
agreement shall complete the form entitled, “Commitment to Protect Non-Public Information – Contractor
Agreement,” which may be found at the following website: http://ais.nci.nih.gov/forms/Non-
Disclosure_Form.pdf
A copy of each signed and witnessed Non-Disclosure agreement shall be submitted to the Contracting
Officer prior to performing any work under the Agreement.
The Seller shall assure that each employee has completed the NIH Computer Security Awareness Training
(http://irtsectraining.nih.gov) prior to performing any work under this contract.
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The Seller shall maintain and submit to the Contracting Officer a listing by name and title of each individual
working under this contract, who has completed the NIH required training. Any additional security training
completed by Seller staff shall be included on this listing.
In addition, during all activities and operations on Government premises, the Seller shall comply with DHHS,
including National Institutes of Health (NIH), rules of conduct. Should the Seller have questions concerning
these requirements or need of procedural guidance to ensure compliance they may contact the cognizant
Leidos Biomed acquisition representative.
26. TOBACCO USE AT THE FNLCR

In accordance with the Department of Health and Human Services (HHS) directive, the FNLCR campus is
a tobacco free workplace. Use of tobacco or tobacco containing products, to include vapingin any form is
prohibited on the entire FNLCR campus. This includes personal vehicles while on FNLCR property and all
government vehicles, regardless of their location.
This policy applies to all employees, Government and Contractor, visitors, subcontractors, vendors and
guests of the FNLCR, and extends to all HHS owned or leased facilities and properties external to the
FNLCR campus where the sole tenant(s) are HHS and/or Leidos Biomed employees.
27. PAYMENT AND INVOICING

Payment – Work accepted by Buyer shall be paid for in U.S. dollars ($USD) within the negotiated terms
upon receipt of proper invoice.
28. STANDARDS OF BUSINESS ETHICS

Seller, including all lower tiers are expected and required to comply fully with Buyer’s standards of business
ethics and conduct and to inform appropriate Buyer officials immediately of any illegal or unethical conduct
in their dealings with Buyer’s officers or employees. Copies of the Leidos Biomed’s Code of Ethics and
contacts for such reports are available under Corporate Governance at
https://www.leidos.com/sites/g/files/zoouby166/files/2020-03/leidos-code-of-conduct-2020.pdf .
29. SEVERABILITY
If any term contained in this Order is held or finally determined to be invalid, illegal or unenforceable in any
respect, in whole or in part, such term shall be severed from this Order, and the remaining terms contained
herein shall continue in force and effect, and shall in no way be affected, prejudiced or disturbed thereby.
30. INTERPRETATION
The captions and headings used in this Order are solely for the convenience of the parties and shall not be
used in the interpretation of the text of this Order. Each party has read and agreed to the specific language
of this Order; therefore, no conflict, ambiguity or doubtful interpretation shall be construed against the
drafter.
31. ELECTRONIC AND INFORMATION TECHNOLOGY STANDARDS

Seller agrees to comply with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended
by P.L. 105-220 under Title IV (Rehabilitation Act Amendments of 1998). Electronic and Information
Technology (EIT) developed, procured, maintained, and/or used under this contract shall be in compliance
with the "Electronic and Information Technology Accessibility Standards" set forth by the Architectural and
Transportation Barriers Compliance Board (also referred to as the "Access Board") in 36 CFR Part 1194.
The complete text of Section 508 Final Standards can be accessed at http://www.access-
board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards/section-
508-standards. Applicable standards to this requirement are set forth in 36 CFR Part 1194.21 through 26.
Seller further agrees to include this provision in any Order awarded pursuant to the Agreement. Failure to
comply to these requirements may constitute cause for termination under Paragraph 24 of these Terms
and Conditions.
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June 25, 2020
B. FEDERAL ACQUISITION REGULATIONS
The following Federal Acquisition Regulations clause provisions are incorporated by reference and have
the same force and effect as if they were in full text. Upon request, the Contracting Officer will make the
following clauses available in full text. Also, the full text of a clause may be accessed electronically at this
address: www.acquisition.gov . Not all FAR clauses apply – Reference the number of symbol * for
applicability to contract award amount.
FIXED PRICE CLAUSES

Reg Clause Clause Title Date
*FAR 52.202-1 Definitions NOV 2013
*FAR 52.203-3 Gratuities APR 1984
*FAR 52.203-5 Covenant Against Contingent Fees MAY 2014
*FAR 52.203-6 Restrictions on Subcontracts Sales to the Government SEP 2006
*FAR Alt.1
52.203-7 Anti-Kickback Procedures MAY 2014
*FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper MAY 2014
*FAR 52.203-10 Activity
Price or Fee Adjustment for Illegal or Improper Activity MAY 2014
*FAR 52.203-12 Limitation on Payment to Influence Certain Federal Transactions OCT 2010
****FAR 52.203-13 Contractor Code of Business Ethics and Conduct.(Dev.) OCT 2015
FAR 52.203-14 Display of Hotline Poster(s) OCT 2015
Contractor Employee Whistleblower Rights and Requirements to Inform
*FAR 52.203-17 APR 2014
Employees of Whistleblower Rights
FAR 52.204-4 Printed or Copied Double-Sided on Recycled Paper MAY 2011
FAR 52.204-9 Personal Identity Verification of Contractor Personnel
**FAR 52.204-10 Reporting of Executive Compensation and First Tier Subcontract OCT 2018
FAR 52.204-13 Awards for Award Management Maintenance
System OCT 2018
FAR 52-204-21 Basic Safeguarding of Covered Contractor Information Systems
Prohibition on Contracting for Certain Telecommunications and Video
FAR 52.204-25 AUG 2019
Surveillance Services or Equipment
Protecting the Government's Interests When Subcontracting with

FAR 52.209-6 OCT 2015
Contractors Debarred, Suspended, or Proposed for Debarment
FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations MAY 2014
FAR 52.211-6 Brand Name or Equal (Dev.)
FAR 52.211-7 Alternate to Government Unique Standards
Commencement, Prosecution, and Completion of Work (Reference
FAR 52.211-10
Section F for fill-ins)
FAR 52.211-12 Liquidated Damages- Construction (Dev.)
FAR 52.211-13 Time Extensions (Dev)
FAR 52.211-18 Variation in Estimated Quantity (Dev.)
FAR 52.215-17 Waiver of Facilities Capital Cost of Money
FAR 52.216-7 Allowable Cost and Payment AUG 2018
*FAR Alt.1
52.219-8 Utilization of Small Business Concerns OCT 2018
***FAR 52.219-9 Small Business Subcontracting Plan AUG 2018
***FAR 52.219-16 Liquidated Damages – Subcontracting Plan JAN 1999
FAR 52.222-1 Notice to the Government of labor Disputes
FAR 52.222-3 Convict Labor JAN 2003
*FAR 52.222-4 Contract Work Hours and Safety Standards Act – Overtime
FAR 52.222-6 Compensation
Construction Wage Rate Requirement AUG 2018
FAR 52.222-7 Withholding of Funds MAY 2014
FAR 52.222-8 Payrolls and Basic Records AUG 2018
FAR 52.222-9 Apprentices and Trainees JULY 2005
FAR 52.222-10 Compliance with Copeland Act Requirement FEB 1988
FAR 52-222-11 Subcontracts (Labor Standards) MAY 2014
FAR 52.222-12 Contract Termination - Debarment MAY 2014
Compliance with Construction Wage Rate Requirement and Related Act
FAR 52.222-13 MAY 2014
Requirements
FAR 52-222-14 Disputes Concerning Labor Standards FEB 1988
FAR 52.222-15 Certification of Eligibility MAY 2014
FAR 52.222-21 Prohibition Of Segregated Facilities APR 2015
FAR 52.222-26 Equal Opportunity SEPT 2016
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June 25, 2020

FAR 52.222-27 Affirmative Action Compliance Requirements for Construction
Equal Opportunity for Special Disabled Veterans, Veterans of the
*FAR 52.222-35 OCT 2015
Vietnam Era, and Other Eligible Veterans
FAR 52.222-36 Affirmative Action for Workers with Disabilities JUL 2014
Employment Reports on Special Disabled Veterans, Veterans of the
*FAR 52.222-37 FEB 2016
Vietnam Era, and Other Eligible Veterans
*FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010
FAR 52.222-50 Combating Trafficking in Persons JAN 2019
*FAR 52.222-54 Employment Eligibility Verification OCT 2015
FAR 52.223-3 Hazardous Material Identification and Material Safety Data Alt.1 (Dev)
FAR 52.223-4 Recovered Material Certification
FAR 52.223-5 Pollution Prevention and Right-to-Know Information
FAR 52.223-6 Drug-Free Workplace MAY 2001
FAR 52.223-11 Ozone-Depleting Substances
FAR 52.223-12 Refrigeration Equipment and Air Conditioners
FAR 52.223-15 Energy Efficiency in Energy-Consuming Products
Affirmative Procurement of EPA-designated Items in Service and
FAR 52.223-17
Construction Contracts
FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving AUG 2011
FAR 52.225-9 Buy American Act – Construction Materials (None)
FAR 52.225-10 Notice of Buy American Act Requirement – Construction Materials
Buy American Act—Construction Materials under Trade Agreements
*****FAR 52.225-11
(None)
Notice of Buy American Act Requirement—Construction Materials under
*****FAR 52.225-12
Trade Agreements
FAR 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
Prohibition on Contracting with Entities Engaging in Sanctioned
FAR 52.225-25
Activities Relating to Iran – Representation and Certification
FAR 52.228-2 Additional Bond Security
FAR 52.228-11 Pledges of Assets
FAR 52.228-12 Prospective Contractor Request for Bonds
*FAR 52.228-15 Performance and Payment Bonds
FAR 52.232-11 Extras APR 1984
FAR 52.232-23 Assignment of Claims MAY 2014
FAR 52.236-1 Performance of Work by the Contractor (Reference Section H)

*FAR 52.236-2 Differing Site Conditions
*FAR 52.236-3 Site Investigations and Conditions Affecting the Work (Dev)
FAR 52.236-4 Physical Data (Reference Contract Documents)
FAR 52.236-5 Material and Workmanship
*FAR 52.236-6 Superintendence by the Contractor (Dev)
FAR 52.236-7 Permits and Responsibilities
*FAR 52.236-8 Other Contracts (Dev.)
Protection of Existing Vegetation, Structures, Equipment, Utilities and
*FAR 52.236-9
Improvements (Dev)
*FAR 52.236-10 Operations and Storage Areas (Dev)
FAR 52.236-11 Use and Possession Prior to Completion (Dev)
FAR 52.236-12 Cleaning Up (Dev)
FAR 52.236-13 Accident Prevention (Dev.)
FAR 52.236-14 Availability and Use of Utility Services (Dev)
FAR 52.236-15 Schedules for Construction Contracts (Dev)
FAR 52.236-16 Quantity Surveys (Dev.)
FAR 52.236-17 Layout of Work (Dev.)
FAR 52.236-21 Specifications and Drawings for Construction Alt. I (Apr-84)
FAR 52.236-26 Preconstruction Conference
FAR 52.236-28 Preparation of Proposal – Construction (Dev.)
*FAR 52.242-13 Bankruptcy JUL 1995
FAR 52.242-14 Suspension of Work
FAR 52.243-4 Changes (Dev.)
FAR 52.244-6 Subcontracts for Commercial Items JAN 2019
FAR 52.245-2 Government Property (Reference Contract Documents)
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June 25, 2020

*FAR 52.246-12 Inspection of Construction
FAR 52.246-21 Warranty of Construction (Dev.)
*FAR 52.248-3 Value Engineering
FAR 52.249-14 Excusable Delays APR 1984
Authorized Deviations in Clauses (Reference the specific listed FAR
FAR 52.252-6
Clause with Deviations classified as “Dev.”
FAR 52.253-1 Computer Generated Forms JAN 1991
Note: Most current provision under the FAR is applicable at time of award if there is no date under the date
column.
*Over SAT
**Over $30K
***Over 1.5M
****Over $5M and Performance Period more than 120days.
***** Over $7.008M
If *is not referenced the FAR Clause applies
C. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATIONS

This subcontract incorporates the following DEPARTMENT OF HEALTH AND HUMAN SERVICES
ACQUISITION REGULATION HHSAR 48 Chapter 3 clauses by reference, with the same force and effect
as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
Also, the full text of a clause may be accessed electronically at this address:
http://www.hhs.gov/regulations/hhsar/
HHSAR 352.202-1 Definitions
HHSAR 352-203-70 Anti-Lobbying DEC 2015
HHSAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity DEC 2015
HHSAR 352.227-70 Investigationsand Publicity
Publications DEC 2015
HHSAR 352.237-75 Key Personnel DEC 2015
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June 25, 2020
PART III—LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J
LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
Attachment Description
1 FME Standard Specifications

2 RESERVED
3 Representations and Certifications, dated 10/23/19
Safety Plan, dated 06-12-2020 with Attachment 4a, dated 01-01-
4
2019. “Contractor Safety Criteria Questionnaire”
Statement and Acknowledgement (SF1413), Rev 4-2013 (Exp.
5
Date 1/31/2021)
6 Proposed Subcontractors, 5-10-19
7 Wage Rate Determination, dated 06-05-2020
8 Payment Bond, Rev. 01-20
9 Performance Bond, Rev.01-20
10 Certification of Payment, dated 7-25-16
11a Final Release of Lien, dated 05-11-20 (Offsite work only)
11b Final Release of Lien (Subcontractor), 5-11-20 (Offsite work only)
13 Release of Claims, dated 8-1-16
14 NCI-Frederick Campus Map, dated 8-1-16
15 Directions to the ATRF Jobsite, dated 7-25-16
16 Access to Ft Detrick and Leidos Bldgs, 03-16-20
17 RESERVED
18 Small Business Plan
19 RESERVED
Page 43 of 49
June 25, 2020
PART IV—REPRESENTATIONS AND INSTRUCTIONS
SECTION K
REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
K.1. REPRESENTATIONS AND CERTIFICATIONS
All pages of the Representations and Certifications (See Section J), must be completed and
submitted with the contractor’s proposal. At time of award, the Representations and Certifications
made by the contractor shall be physically removed from the award document and incorporated by
reference. The originals shall be retained as part of the Leidos Biomed contract file.
K.2. FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)
(1) The North American Industry Classification System (NAICS) code for this acquisition is
236220.
(2) The small business size standard is $39.5M.
K.3 E-Verify Compliance
If the contractor is currently enrolled in the DHS E-VERIFY system (Employment Eligibility
Verification) Please provide a copy of the Edit Company Profile page as proof of enrollment.
If the Contractor is currently NOT enrolled in the DHS E-VERIFY system:
To be eligible for award, contractor will be required to enroll in E-VERIFY and must provide a copy
of the Edit Company Profile page. To access E-verify, you may visit https://e-
verify.uscis.gov/enroll.
Page 44 of 49
June 25, 2020
SECTION L
Instructions, Conditions, and Notices to Offeror
L.1 DEFINITIONS
See Section I, Leidos Biomed Standard Terms and Conditions, Paragraph 2 and 3 for definitions. The
definitions are particularly important in using the standard Government (FAR) clauses of Sections I and L.
L.2 BRAND NAME – TRADE NAME REFERENCES

References in the specifications to brand names, trade names, or patented processes are to be regarded
as establishing a standard of quality and shall not be construed as limiting competition. Approval of
substitutions of material and equipment to be incorporated in the work shall be obtained from the
Contracting Officer in accordance with the project documents prior to award.
L.3 MATERIAL AND WORKMANSHIP
All equipment, material, and articles incorporated into the work covered by this contract shall be new and
of the most suitable grade for the purpose intended, unless otherwise specifically provided in this
contract.
All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting
Officer may require, in writing, that the Contractor remove from the work any employee the Contracting
Officer deems incompetent, careless, or otherwise objectionable.
L.4 PROVISIONS
Leidos Biomed contemplates multiple Indefinite Delivery / Indefinite Quantity (IDIQ) contracts resulting
from this solicitation.
L.5 PRE-BID TELECONFERENCE
Before submitting a proposal, all contractors are required to attend one of the pre-bid teleconferences.
Any information provided during the teleconference will not qualify the terms of the solicitation, and
specifications remain unchanged unless the solicitation is amended. Any change considered necessary
shall be requested in writing to the Contracting Officer.
Offerors should carefully examine all contract documents. Both technical and business questions during
the proposal period shall be directed in writing to the Contract Administrator on or before Friday, July 10,
2020 at 3:00 p.m. EST, to permit a written reply to reach all prospective offerors before the submission of
their offers. Offerors are encouraged to submit questions that address apparent discrepancies, ambiguities
or omissions in contract requirements. The written questions should precisely refer to the solicitation
requirements that appear to be in error or are troublesome. The inquiry should further state any proposed
clarification or correction. Answers to all questions, along with the questions themselves, will be furnished
to all prospective offerors. Facsimile transmissions of questions are acceptable. The FAX transmission
number is (301) 846-6541.
Dates and Times of Pre-Bid Conferences:
#1: Monday, July 6, 2020 at 1:00 p.m. (Teleconference)

#2: Wednesday, July 8, 2020 at 10:00 a.m. (Teleconference)
Conference Call Instructions:

1. Dial (240) 276-6500
2. When prompted enter 1108467260#
3. When prompted enter Passcode: 012420#
Page 45 of 49
June 25, 2020
Oral Explanations or instructions shall not be binding. Written Amendments will be binding. Lack of
Acknowledgement of all amendments will result in the elimination of the offeror form the competition.
L.6 INSTRUCTIONS TO OFFERORS
• Proposals must be submitted on the forms furnished by Leidos Biomed or on copies of those
forms; and signed. The person signing a proposal must initial each erasure or change
appearing on any proposal form.
• Any proposal or revision received after the exact time specified for receipt of proposals is “late”
and will not be considered unless it was transmitted electronically, if allowable, and can be
shown to have been transmitted prior to the exact time specified; or an emergency or
unanticipated event interrupts Contractor’s ability to deliver a hand-carried proposal by exact
time specified.
• Acceptance of offeror’s response to this solicitation does not obligate Leidos Biomed in any
way
• Leidos Biomed may reject any and all proposals.
• Any and all costs incurred in the preparation and submission of offeror’s response shall be
borne solely by offeror. Leidos Biomed shall assume no liability whatsoever of offerors
responding to this solicitation
L.7 RIGHT TO AWARD BASED ON INITIAL OFFER

Leidos Biomed. reserves the right to award Task Orders based on initial offers received without discussions
of such offers. Accordingly, each initial offer for Task Orders should be submitted on the most favorable
terms from a price, technical and schedule standpoint.
Leidos Biomed has determined there is a high probability of adequate price competition for each Task Order
Request for Proposal (RFP) under this acquisition. However, if any time during this competition Leidos
Biomed determines that adequate price competition no longer exists, offerors may be required to submit
pricing information to the extent necessary for the contracting officer to determine the reasonableness of
the price.
Leidos Biomed may determine that a proposal is unacceptable if the prices proposed are materially
unbalanced between line items. Unbalanced pricing exists when, despite an acceptable total evaluated
price, the price of one or more contract line items is significantly overstated or understated as indicated by
the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer
determines that the lack of balance poses an unacceptable risk to the Government.
L.8 SUBMISSION OF OFFERS

Submit signed and dated offers to the office specified in this Solicitation at or before the exact time specified
in Section A, block 8 on page 1.
1. Electronic submissions are authorized via email to rae.shafer@nih.gov. Reference Block 13 A for
number of copies of proposals for hard copy submission.
L.9 PROPOSAL SUBMISSION REQUIREMENTS

To assure timely and equitable evaluation of proposals, Offeror must follow the instructions contained
herein. Proposals must be complete, self-sufficient, and respond directly to the requirements of this
solicitation.
Proposals must be submitted in three (3) separate and distinct parts: Part I – Administrative Proposal,
Part II – Technical Information, and Part III – Safety.
Page 46 of 49
June 25, 2020
Part I – Administrative Proposal

1. Complete blocks 14 through 20, and Sections B.3 and B.6 of the RFP, “SOLICITATION, OFFER AND
AWARD”. In doing so, the offeror accedes to the contract terms and conditions as written in the RFP,
Sections A through J. These sections constitute the contract.
2. Complete the necessary fill-ins and certification identified in Section K, Representations and
Certifications (Reference Section J). The entire document must be completed and signed and
submitted with the offer.
3. Provide a copy of the Edit Company Profile page as proof of enrollment. If the Contractor is currently
NOT enrolled in the DHS E-VERIFY system and to be eligible for award, contractor will be required to
enroll in E-VERIFY and must provide a copy of the Edit Company Profile page (Reference Section K)
4. Provide written confirmation of your company’s bonding compacity to include capacity per project and
in aggregate.
5. Provide written confirmation that the offeror is able to obtain the required levels of insurance coverage.
6. Failure to respond to all of the proposal submission requirements may result in the proposal being
rejected without further consideration.
Part II – Technical Proposal

Significant selection criteria in order of importance are:
1. Past Performance and Availability: Provide detailed information for each item listed below on a
minimum of three (3) renovation projects in a laboratory or Medical facility within the last (3)
years. Response to be in same order as presented. In addition, offeror shall have an office
within a 60-mile radius of Frederick, Maryland.
a. Experience working in an occupied laboratory or Medical Facility.

b. Location of project: Owner’s name, POC name/phone number.
c. Size: Square footage.
d. Scope: Complexity and number of disciplines involved.
e. Budget: Award amount, number of change orders, final contract amount.
f. Schedule: Completed on time? Time extensions: Owner directed/contractor
delays?
g. Quality: Provide sample QC plan from representative projects.
2. Resumes of Key staff including Project Manager(s), Superintendent(s), Quality Control

Manager(s) and Safety Officer(s) who will be assigned to this Contract. The following are minimal
acceptable requirements for each position:
a. Project Manager(s): Shall have at least 8 years’ experience managing all aspects of
major construction projects in occupied laboratories or Medical facilities.
b. Superintendent(s): Shall have at least 5 years’ experience supervising major
construction projects in occupied laboratories or Medical facilities.
c. Safety Officer(s): Shall have at least 3 years’ experience of safety oversight on major
construction projects of this type, 30-hour OSHA Class or equivalent within the past 5
years, and competent person training.
d. Quality Control Manager(s): Shall have 2 years’ experience as a QC Manager for a
prime contractor or a minimum of 5 years’ combined experience in the following
positions: Project Superintendent, QC Manager, Project Manager, Project Engineer
or Construction Manager on similar size, type, and scope of work as required by this
Page 47 of 49
June 25, 2020
contract; and, shall have completed the course entitled “Construction Quality
Management (CQM) for Contractors” and maintain current certificate.
3. Provide your Company’s Corporate Quality Control Plan that demonstrates how your Company
will provide the required Quality oversight; from timeliness and quality of project submittals,
development of logical project schedules, development of project Safety plans and AHAs; through
installation checks, equipment start up, TAB/Commissioning, punch-list and closeout.
4. Provide a detailed Execution Plan that defines the overall strategic approach for the execution of
the work performed under this contract. At a minimum, the Execution Plan should address your
Company’s workload capacity, ability to manage multiple projects, Project Management and
Superintendent staffing levels, in-house capabilities for self-performance and subcontracting
support capabilities.
NOTE: No pricing information is to be included in the technical proposal or schedule

proposal.
Part III – Safety
1. The Contractor shall complete and submit Att. 04a “Contractor Safety Criteria Questionnaire”, dated
01/01/2019.
Page 48 of 49
June 25, 2020
SECTION M
EVALUATION FACTORS FOR AWARD
M.1 BASIS FOR IDIQ CONTRACT AWARD

Based on the following evaluation factors, Leidos Biomed intends to select multiple contractors using a best
value approach utilizing a technically acceptable process.
Factor 1: Safety Requirements / Past Performance / Technical Information
Factor 2: Contractor Responsibility
Factor 3: Administrative Proposal Submission
Criteria under Factor 2 includes:
• Ability, capacity, and skill of contractor to perform the scope of work

• Favorable proposals provided by Contractor to all solicitation requirements, terms and
conditions.
• Contractor’s financial security
M.2 TECHNICALLY ACCEPTABLE RATING

In order to receive a “go – no go” rating, each offeror must submit all of the required submissions identified
in Section L.9, Parts II and III that clearly address the issues and satisfactorily meet all the criteria identified.
M.3 AWARD
Once an offer is determined to be a “go”, Leidos Biomed will make award to the technically acceptable
proposals.
*Upon the completion of the base year, Leidos Biomed will unilaterally award option years to a maximum
of six contractors based on competitive pricing, performance standards and technical compliance
demonstrated during the base year.
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1. SOLICITATION NO. 2.

TYPE OF SOLICITATION PAGES

DESCRIPTION OF CONSTRUCTION SERVICES

OFFER/CONTRACT CONSISTS OF:

13. ADDITIONAL SOLICITATION REQUIREMENTS:

16. REMITTANCE ADDRESS (INCLUDE ONLY IF DIFFERENT THAN

19. ACKNOWLEDGMENT OF AMENDMENTS

(THIS SECTION TO BE COMPLETED BY LEIDOS BIOMEDICAL RESEARCH, INC.)

21. ITEMS ACCEPTED:

23. CONTRACT SCHEDULE: 25. SUBMIT INVOICE TO:

PART I - CONTRACT FORM ........................................................................................................... 1

PART I—THE SCHEDULE

SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1 PROJECT OVERVIEW

ARTICLE B.2 CONTRACT TYPE

ARTICLE B. 3 KEY PERSONNEL

Position Employees’ Name(s)

Project Manager(s) ____________________________________________

Safety Officer(s)** ____________________________________________

Quality Control Manager*** ____________________________________________

• 7-10 years of construction safety management experience, or

*** Quality Control Manager Requirements:

Quality Control Manager Qualifications:

ARTICLE B.5 LIQUIDATED DAMAGES

ARTICLE B.6 PRICE/COST

Permits: Refer to Section H, Paragraph H.8.

ARTICLE B.7 DISCLOSURE

ARTICLE B.8 ADVANCE UNDERSTANDING

ARTICLE B.9 SUBCONTRACTORS

ARTICLE B.10 COST OF ORDER MAGNITUDE

ARTICLE C.1 PROJECT SCOPE OF WORK

ARTICLE C.2 SCHEDULE

ARTICLE C.3 IDIQ CONTRACT

ARTICLE C.4 OPTION TO EXTEND THE TERM OF THE CONTRACT

• Base Year* Date of award through 08/30/2021

ARTICLE C.5 ORDERING

ARTICLE C.6 ORDER LIMITATIONS

ARTICLE C.7 Task Order Site Visit / Assessment

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

ARTICLE E.1 INSPECTION AND ACCEPTANCE

ARTICLE E.2 INSPECTION NOTIFICATION

ARTICLE F.1 PERIOD OF PERFORMANCE

ARTICLE F.2 TIMEFRAMES

ARTICLE F.3 EXTRAORDINARY MEASURES

1. Extraordinary Measures shall be undertaken at the Contractor’s expense and the

ARTICLE F.4 NOTICE OF DELAY

ARTICLE F.5 ACCEPTANCE OF NONCONFORMING WORK

ARTICLE F.6 LEIDOS BIOMED’S RIGHT TO CARRY OUT THE WORK

ARTICLE F.7 DELIVERABLES

BASE CONTRACT REQUIREMENT DUE

CONTRACT ADMINISTRATION DATA

ARTICLE G.1 AUTHORIZED REPRESENTATIVES

b. Subcontracts Administrator (SCA): Responsible for administration of the contract and is

2) Providing of information to the Contractor which assists in the interpretation of drawings,

d. Construction Administrator (CA): The Construction Administrator is responsible for: (1)

ARTICLE G.2 LEIDOS BIOMED PERSONNEL

a. In regard to Contractual Representatives relating to this Contract.

Name: Matthew Hull

Name: Rae Lynn Shafer

b. In regard to Technical Representatives relating to this Contract

Name: Assigned per Task Order

Name: Assigned per Task Order