Sol 09-102-SOL-0003.pdf

SOLICITATION NUMBER

09-102-SOL-00003

CONSTRUCTION OF THE

NEW NORTON SOUND REGIONAL

HOSPITAL

NOME, ALASKA

ISSUE DATE: APRIL 3, 2009

AWARD WILL BE FUNDED BY THE

AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009

Department of Health and Human Services

Indian Health Service Division of Engineering Services - Seattle

OMB No. 0990-0115

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

Division of Eng. Services-Seattle

2201 6th Avenue, RX-24

Seattle WA 98121

IHS Division of Engineering Services

2201 6th Ave. RX-24 Room 937 Seattle WA 98121

ABRAM VINIKOOR

NS00

x 04/03/2009

09-102-SOL-00003

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

Construction of the New Norton Sound Regional Hospital

Bid Document Specifications dated February 27, 2009 Volumes 1-4

Bid Set Contract Drawings dated February 27, 2009 Volumes 1-3

Pre-Proposal conference date and location to be determined and will be issued by

Amendment.

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 1157 calendar days and complete it within ________________ ________________ calendar days after receiving

Section E

05/05/2009

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

Division of Eng. Services-Seattle 2201 6th Avenue, RX-24

Seattle WA 98121

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Construction of the New Norton Sound Regional Hospital Solicitation #09-102-SOL-00003 Nome, Alaska April 3, 2009

PART I - THE SCHEDULE.............................................................................................................................. B-1 Section B - SUPPLIES OR SERVICES AND PRICE/COSTS................................................................B-1

B-1 PRICE SCHEDULE......................................................................................................................B-1 Section C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK .........................................C-1

C-1 STATEMENT OF WORK............................................................................................................C-1 Section D - PACKAGING AND MARKING ......................................................................................... D-1 Section E - INSPECTION AND ACCEPTANCE....................................................................................E-1

E-1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996) ..................................................E-1 Section F - DELIVERIES OR PERFORMANCE.................................................................................... F-1

F-1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE................. F-1

F-2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984) ................................................................................................................................... F-1 F-3 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (Sep 2000).................................... F-1 F-4 52.211-13 TIME EXTENSIONS (SEPT 2000) ............................................................................ F-1

Section G - CONTRACT ADMINISTRATION DATA.......................................................................... G-1 G-1 GOVERNMENT PROJECT OFFICER....................................................................................... G-1 G-2 PAYMENT PROCESS ................................................................................................................ G-1

Section H - SPECIAL CONTRACT REQUIREMENTS ........................................................................ H-1 H-1 USE OF PREMISES.................................................................................................................... H-1 H-2 SUBCONTRACTS ...................................................................................................................... H-1 H-3 SUBCONTRACTING ................................................................................................................. H-1 H-4 INSURANCE............................................................................................................................... H-2 H-5 NATIVE CORPORATION REPRESENTATIVE ...................................................................... H-2 H-6 SALVAGE................................................................................................................................... H-3

H-7 ITEMS FURNISHED BY THE GOVERNMENT AND INSTALLED BY THE

CONTRACTOR........................................................................................................................... H-3 H-8 PROGRESS AND FINAL PHOTOGRAPHS ............................................................................. H-3 H-9 PHOTOGRAPHS ON SAMPLE WALL PANEL ....................................................................... H-4 H-10 CEREMONIES ............................................................................................................................ H-4 H-11 OCCUPANCY OF PREMISES................................................................................................... H-4 H-12 MONUMENTS AND BENCH MARKS..................................................................................... H-4 H-13 MEASUREMENTS ..................................................................................................................... H-5 H-14 TRUCKING................................................................................................................................. H-5 H-15 PROJECT DRAWINGS .............................................................................................................. H-5 H-16 HOURS OF WORK..................................................................................................................... H-5 H-17 SITE OWNERSHIP ..................................................................................................................... H-5 H-18 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE ............................. H-5 H-19 SMALL BUSNESS SUBCONTRACTING PROGRAM............................................................ H-6 H-20 KEY PERSONNEL ..................................................................................................................... H-7 H-21 EQUITABLE ADJUSTMENTS DUE TO CHANGES............................................................... H-8

PART II - CONTRACT CLAUSES.................................................................................................................. H-1 Section I - CONTRACT CLAUSES ........................................................................................................ I-1

I-1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.................. I-1

I-2 52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN

RECOVERY AND REINVESTMENT ACT OF 2009 (MAR 2009)............................................ I-4

I-3 52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT--REPORTING

REQUIREMENTS (MAR 2009) ................................................................................................... I-5

I-4 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE

SMALL BUSINESS CONCERNS. (JUL 2005)............................................................................ I-9

I-5 52.225-23 REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER

MANUFACTURED GOODS--BUY AMERICAN ACT--CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (MAR 2009)................................................. I-10

I-6 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008) -

ADJUSTED TIME PERIODS ..................................................................................................... I-15

I-7 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR. (SEP 2006) ...................... I-15 I-8 52.236-4 PHYSICAL DATA. (APR 1984).................................................................................. I-16

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I-9 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (MAR 2009)................................ I-16 I-10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) .................................. I-17 I-11 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES. (APR 1984)....................................... I-17 I-12 352.270-2 INDIAN PREFERENCE (APR. 1984) ....................................................................... I-17 I-13 352.270-3 INDIAN PREFERENCE PROGRAM (APR. 1984) .................................................. I-19 I-14 352.270-5 KEY PERSONNEL. (JAN 2006) ............................................................................... I-21

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS........................................I-1 Section J - LIST OF ATTACHMENTS ...................................................................................................J-1

J-1 TECHNICAL SPECIFICATIONS, Bid Document Specifications for the Norton Sound Regional Hospital, Nome, Alaska, dated February 27, 2009 in 4 Volumes. (See Index to Technical Specifications) ...............................................................................................................J-1

J-2 CONTRACT DRAWINGS, Norton Sound Regional Hospital Bid Set – February 27, 2009, in 3 Volumes (See Index to Drawings Sheet G-001A).........................................................J-1

J-3 MEDICAL EQUIPMENT LISTS dated 2 Dec 2008 and Catalog Cut Sheets ...............................J-1 J-4 DEPARTMENT OF LABOR GENERAL WAGE DETERMINATION No. AK080001 dated 04/03/2009............................................................................................................................J-1 J-5 Final Subsurface Exploration and Foundation Recommendations, Norton Sound

Regional Hospital, Nome, Alaska, DOWL Engineers, dated March 26, 2008...............................J-1 J-6 Allied Steel Summary of Work dated April 2, 2009 (Government Furnished Structural

Steel) ..............................................................................................................................................J-1 J-7 Permit Information .........................................................................................................................J-1

• Domestic wastewater-owner statement ..........................................................................................J-1 J-8 HHS Office of Small and Disadvantaged Business Utilization Model Small Business

Subcontracting Plan .......................................................................................................................J-1 J-9 DOWL HKM/Kumin Associates Non-Disclosure Agreement.......................................................J-1 J-10 Standard Form SF 24 Bid Bond .....................................................................................................J-1 J-11 Standard Form SF 25 Performance Bond.......................................................................................J-1 J-12 Standard Form SF 25A Payment Bond ..........................................................................................J-1

PART IV - REPRESENTATIONS AND INSTRUCTIONS ..............................................................................J-1 Section K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS .......................................................................................................................... K-1

K-1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE............................................................................................................................... K-1 K-2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (JAN 2006) ................ K-1

Section L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS.................................L-1 L-1 PREPARATION COSTS..............................................................................................................L-1 L-2 PRE-PROPOSAL CONFERENCE...............................................................................................L-1 L-3 SOLICITATION INQUIRIES ......................................................................................................L-1 L-4 COMMUNICATIONS PRIOR TO CONTRACT AWARD ........................................................L-1 L-5 THE MAGNITUDE OF THE PROPOSED CONSTRUCTION PROJECT ................................L-1 L-6 FACSIMILE AND ELECTRONIC OFFERS...............................................................................L-2 L-7 PROPOSAL SUBMITTAL / PREPARATION INSTRUCTIONS ..............................................L-2 L-8 TECHNICAL EVALUATION PANEL .......................................................................................L-7

L-9 52.211-4 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS NOT

LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS

AND COMMERCIAL ITEM DESCRIPTIONS. (JUN 1988)......................................................L-8

L-10 52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION. (JAN

2004) DEVIATION ......................................................................................................................L-8

L-11 52.222-5 DAVIS-BACON ACT--SECONDARY SITE OF THE WORK. (JUL 2005) ............L-13

L-12 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB

1999) ...........................................................................................................................................L-13

L-13 52.225-24 NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL, AND

OTHER MANUFACTURED GOODS--BUY AMERICAN ACT--CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (MAR 2009)................................................L-14

L-14 52.228-1 BID GUARANTEE (SEPT 1996) ...............................................................................L-16

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L-15 52.233-2 SERVICE OF PROTEST (AUG 1996) ......................................................................L-16 L-16 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)..........................................................L-17

L-17 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB1998)...................................................................................................................................L-17 Section M - EVALUATION FACTORS FOR AWARD .........................................................................M-1

M-1 AWARD BASIS ..........................................................................................................................M-1 M-2 TECHNICAL (NON-PRICE) EVALUATION ...........................................................................M-1 M-3 PRICE EVALUATION ...............................................................................................................M-4

PART I - THE SCHEDULE

Section B - SUPPLIES OR SERVICES AND PRICE/COSTS

B-1 PRICE SCHEDULE

Item Description Qty Unit Unit Price

Total

00001

Base Item: All materials, labor, tools and equipment necessary for construction of the New Norton Sound Regional Hospital and deliver a complete, fully functional facility as described herein and in the attachments, except those elements of work listed separately as Unit Price Items 1and 2 and Alternate Items 1 through 6.

1 JOB

00002

Unit Price 1: Hydraulic Cement Underlayment as required for leveling of concrete floors or providing for transition between floor finish materials of differing thickness.

25,000 SF $______ $_________

00003

Unit Price 2: Select Embankment Fill as needed to achieve final pad and ramp elevations as described on Civil Drawings.

3,800 CY $______ $_________

00004

ADD Alternate No. 1: Provide pre-patinated copper sheet composite exterior wall panels (Section 074243, 2.4, C) in lieu of kynar-coated aluminum composite wall panels (Section 074243, 2.4, B). Penthouse Metal Wall Panels are unaffected.

1 JOB $_________

00005

ADD Alternate No. 2: Provide automatic fire sprinkler system in Crawlspace. Delete smoke detectors in crawlspace. Provide stair access to crawlspace at stair #2 as shown on Drawings. (Base Item 00001 has an access hatch in lieu of stair access).

1 JOB $_________

00006 ADD Alternate No. 3: Provide triple glazing at all windows/curtainwalls. Refer to Specification sections 084113, 084413, and 088000.

1 JOB $_________

00007 ADD Alternate No. 4: Provide fuel oil for the (3) 12,000-gallon fuel tanks. (Base Item 00001 assumes minimal fuel as required for testing and startup in tanks).

1 JOB $_________

00008

ADD Alternate No. 5: Provide Resinous Matrix Terrazzo Flooring as called out on the Room Finish Schedule and specified in Section 096623. Base Item 00001 assumes Resilient Terrazzo Tile as specified in section 096560.

1 JOB $_________

B-1

B-2

00009

ADD Alternate No. 6: Provide two (2) flat loop cooling systems outside the south line of the building as indicated on drawings (A-104) and specified in section 316465 Flat Loop Evaporators. (Note that the flat loop evaporators under level 0 and entry deck are in Base Item 00001).

1 JOB $_________

Section C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 STATEMENT OF WORK

See Section J.

C-1

Section D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section]

D-1

Section E - INSPECTION AND ACCEPTANCE

E-1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government 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

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.

(d) The presence or absence of a Government 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.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price.

The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already

E-1

E-2 completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately.

Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

Section F - DELIVERIES OR PERFORMANCE

F-1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY

REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) Number Title Date

52.242-14 SUSPENSION OF WORK APR 1984

F-2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 1,157 calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F-3 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (Sep 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $6,083 for each calendar day of delay until the work is completed or accepted.

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

F-4 52.211-13 TIME EXTENSIONS (SEPT 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered.

The change order also may provide equitable readjustment of liquidated damages under the new completion schedule.

F-1

Section G - CONTRACT ADMINISTRATION DATA

G-1 GOVERNMENT PROJECT OFFICER

The following is considered to be administrative information and is therefore subject to unilateral administrative modification by the Contracting Officer. This section complies with HHSAR subsection 301.603-70 which authorizes a warranted Contracting Officer to delegate Contracting Officer responsibilities to non-GS/GM-1101 or 1102 or GS-1105 or 1106 personnel.

The contracting Officer may designate in writing one or more Government employees, by name and position title, to take action for the Contracting Officer under this contract.

Each designee shall be identified as a Government Project Officer and shall have the following authorities and responsibilities unless otherwise specified in the notice of appointment:

The Project Officer is responsible for: Technical approval of submittals; Direction to the Contractor that clarifies the contract requirements, fills in details or otherwise serves to accomplish the contractual scope of work; Evaluation of performance and progress for payment and acceptance. Within the limits of authority described herein, the Project Officer may act in lieu of the Contracting Officer for actions of the type described in paragraph (b) of the clause at FAR 52.236-21, Specifications and Drawings for Construction.

The Project Officer does not have the authority to alter the Contractor’s obligations under the contract; make final acceptance of work; direct changes that fall within the purview of the “Changes” clause of the contract; or modify any of the terms, conditions, specifications, or cost of the contract. See also HHSAR 352.202-1, Definitions.

G-2 PAYMENT PROCESS

(a) FAR 52.232-5, Payments Under Fixed -Price Construction Contracts, requires that before the first progress payment under the contract is submitted, the contractor shall prepare a schedule, in the detail requested by the Contracting Officer, of the estimated values of each principal category of the work which when added together equal the total contract price. A sample format is available from the Contracting Officer. The following is the detail required by the Contracting Officer:

(1) The principle categories of work shall be broken into line items of sufficient detail to allow meaningful measurement of the work on a monthly basis as determined by the Project Officer. Units of measure appropriate to the type of work shall be used.

“Lump sum” pricing of line items shall be avoided except where payment for that line item is to be requested based on 100% completion of that line item or where there is no other practical unit of measure.

(2) The cost of preparatory work (e.g., shop drawings or product submittals), field and home office overhead, profit, insurance, taxes, warranties, as-built drawings, etc., shall be pro-rated into items of physical work and not listed as separate line items.

Cost of Performance and Payment Bonds may be listed as a single line item and not

G-1

G-2 pro-rated. Also, cost of mobilization and demobilization relating to transportation or installation costs associated with such items as site trailers, heavy equipment, temporary batch plants, temporary on-site manufacturing and assembly facilities, temporary on-site quarters facilities, temporary sanitation facilities, temporary utility connections, and/or temporary secured storage facilities may be listed as line items and not pro-rated. If mobilization is listed separately, a line item for demobilization must be included and shall be at least 20 percent of the mobilization cost. A detailed listing of the items included and the individual cost for each item shall be provided in support of proposed amounts for mobilization and demobilization.

(b) Material stored on site may be included in earned progress if the Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform in contract.

(c) The following are instructions for submitting pay requests:

(1) The designated billing office for this contract is identified on the contract award form, SF 1442, Block 27. Requests are to be submitted with an original signature and one copy to the billing office. Use of a format that complies with all of the requirements of the “Payments” clause of the contract is mandatory. A sample format is available from the Contracting Officer.

(2) The Contractor is responsible for delivery of each request for payment to the billing office. Hand delivery to the Government Project Officer does not constitute delivery to the billing office.

(3) If the contractor wishes to inquire concerning the status of any pay request, the contractor should contact the billing office.

(4) A completed Release of Claims that complies with the requirements of the “Payments” clause must be submitted with the request for final payment. A sample format is available from the Contracting Officer.

(e) The final payment request will be rejected and returned to the contractor if all items required under the contract have not been completed, submitted, approved, and accepted prior to the receipt of the request; e.g., deficient work items, as-built, payrolls, reports, O&M manuals, delivery of extra stock material, etc.

Section H - SPECIAL CONTRACT REQUIREMENTS

H-1 USE OF PREMISES

FAR 52.236-10, Operations and Storage Areas, states that "The contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways, or use temporary roadways constructed by the contractor when and as authorized by the Contracting Officer." The following roadway dust control regulations are prescribed by the Contracting Officer:

The contractor shall provide dust control measures on the contract site and on access roads leading to the contract site by water sprinkling or similar methods as approved by the Contracting Officer.

H-2 SUBCONTRACTS

(a) Nothing contained in the contract shall be construed as creating any contractual relationship between any subcontractor and the Government. The divisions or sections of the specifications are not intended to control the contractor in dividing the work among subcontractors, or to limit the work performed by any trade.

(b) The contractor shall be responsible to the Government for acts and omissions of his own employees, and of subcontractors and their employees. He shall also be responsible for the coordination of the work of the trades, subcontractors, and suppliers.

(c) The Government will not undertake to settle any differences between or among the contractor and his subcontractors or suppliers.

(d) The contractor shall, without additional expense to the Government employ specialty subcontractors where required by the specifications. "Specialty Subcontractors," when specified as a requirement, means a subcontractor regularly engaged in the manufacture or installation of the contract items. The specialty subcontractor shall select and combine the materials involved, maintain and have available for the purpose, workmen skilled in the specified work. The specialty subcontractor shall be the manufacturer, be licensed by the manufacturer as an installer, or work under direct supervision of the manufacturer.

H-3 SUBCONTRACTING

(a) In connection with the performance of work under this contract, the contractor shall not subcontract with any subcontractor who, at the time of subcontract award, is listed on the current GSA's Lists of Parties Excluded from Procurement and Non-procurement Programs, unless otherwise authorized by the Government in accordance with Subpart

9.4 of the Federal Acquisition Regulations.

(b) The List of Parties Excluded from Procurement and Non-procurement Programs is available at https://www.epls.gov/.

(c) In the event of the contractor's noncompliance with the foregoing requirements, the Government may terminate this contract for default or take other appropriate action, including, but not limited to, requiring the contractor to terminate any such subcontract

H-1 and substitute an eligible subcontractor in lieu thereof, at no increase in the contract price or time for performance.

(d) The term "subcontractor," as used in this clause, shall mean the individual or firm with whom the contractor proposes to enter into a subcontract for manufacturing, fabricating, installing, or otherwise performing work under this contract.

(e) Within ten (10) days after contract award, the contractor shall furnish to the Contracting Officer in writing a list of all subcontractors scheduled to perform work under the contract.

(f) The contractor shall include the provisions of paragraphs a., b., and d. of this clause in every subcontract hereunder.

H-4 INSURANCE

FAR 52.228-5, Insurance - Work on a Government Installation, states that "The contractor shall, at its own expense, provide and maintain during the entire performance period of this contract, at least the kinds and minimum amounts of insurance required in the schedule or elsewhere in the contract." The following is the minimum insurance required by the Contracting Officer:

1. Workers' Compensation and Employer's Liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

2. General Liability: Bodily injury liability insurance coverage written on the comprehensive form of a policy of at least $500,000 per occurrence.

3. Automobile Liability: Automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H-5 NATIVE CORPORATION REPRESENTATIVE

(a) The Norton Sound Health Corporation has designated the Nome Eskimo Community as the Native Corporation Representative that will provide assistance and information to the Contractor in fulfilling the Indian Preference requirements of this contract. The contact is:

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Emma Goodwin, Deputy Director Nome Eskimo Community P.O. Box 1090 Nome, Alaska 99762

(907) 443-9148 (phone)

(907) 443-3539 (fax)

(b) The contractor shall schedule and attend a conference(s) with the Native Corporation Representative prior to performing any work on the project site. The conference(s) attendees shall include the contractor's subcontractor(s) and supplier(s) as directed by the Native Corporation Representative. The purpose of the conference(s) is to discuss assistance to the Contractor in fulfilling the contract’s Indian Preference requirements.

H-6 SALVAGE

The Government does not assume responsibility for any loss or damage to materials removed and not reused under the contract that become the property of the contractor.

H-7 ITEMS FURNISHED BY THE GOVERNMENT AND INSTALLED BY

THE CONTRACTOR

FAR 52.245-1 - Government Property, provides that Government-furnished property (GFP) "will be delivered to the Contractor at the times stated in the schedule or, if not so stated, in sufficient time to enable the Contractor to meet the contract's delivery or performance dates." Accordingly, the Contracting Officer requires that for GFP with no stated delivery date, the Contractor shall, within 30 calendar days after the receipt of Notice to Proceed, submit to the Contracting Officer a schedule in quadruplicate giving desired dates for delivery of items to be furnished by the Government. The schedule shall be subject to the written approval of the Contracting Officer. Approved dates of delivery shall be confirmed, thirty (30) calendar days prior to delivery, by the contractor.

H-8 PROGRESS AND FINAL PHOTOGRAPHS

(a) Photos shall be in sharp focus and taken by an experienced photographer with previous architectural photography experience. Prints shall be color. Photos shall be identified with project name, date photo was taken (imprinted on front), and negative number on the back of each print.

(b) The "Official set" shall be furnished in sleeved, plastic, photograph protectors (suitable for insertion in a 3-ring binder). Each sleeved sheet shall be labeled with the project name and date. "Duplicate sets" specified below, shall consist of photo reprints identified on the back of each print as previously specified above.

(c) Progress photographs shall be taken on the first working day of each month (whether or not any work has been done during the preceding month), until the project is completed. The photographs shall be taken from a minimum of ten (10) locations, selected by the Contracting Officer. Provide one (1) "Official set" and two (2) "Duplicate sets" to the Contracting Officer. Minimum size shall be 3"x5". Negatives shall be included in the “official set” when submitted.

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(d) Final photographs shall be taken when the project is completed, and shall be furnished subject to approval, to the Contracting Officer. The photographs shall be taken when daylight is bright or sunny and produced with such professional skill to be suitable for exhibition and reproduction. Exterior photographs shall be taken from a minimum of eight (8) differing points of view. One view shall show the entire front elevation and one side, another shall show the entire rear elevation and remaining side. (The front elevation shall be proportionally dimensioned to appear longer than the side.)

(e) Provide one (1) "Official set" of 3"x5" prints for review by the Contracting Officer.

Provide six (6) 8"x10" color reprints of the photograph(s) selected by the Contracting Officer.

(f) If progress photographs are not furnished within five (5) days of the date due, the Contracting Officer will arrange to have the photographs taken, and the cost will be charged to the contractor. Final photographs shall be furnished as soon as possible, under the specified light conditions.

(g) All negatives of progress and final photographs shall become the property of the Government.

H-9 PHOTOGRAPHS ON SAMPLE WALL PANEL

When sample panel is approved, a photograph shall be taken in direct elevation and direct light. Two prints mounted, as specified for Progress Photographs and the negative, shall be delivered to the Contracting Officer.

H-10 CEREMONIES

Subject to mutually satisfactory arrangements between the parties to the contract, the Government may enter the premises during the term of the contract to conduct ceremonies, such as laying the cornerstone or dedication ceremonies, and to occupy temporarily such portions of the premises for the event. The ceremony area shall be cleared and cleaned of all contract activities.

H-11 OCCUPANCY OF PREMISES

The premises will not be occupied and operational during the performance of the work under the contract.

H-12 MONUMENTS AND BENCH MARKS

The contractor shall protect and preserve the established bench marks and monuments, and shall make no changes in locations without the written approval of the Contracting Officer. Any monuments or bench marks lost, destroyed or disturbed because of changes in grades or locations shall, subject to prior approval by the Contracting Officer, be replaced and accurately located or relocated at the contractor's expense, by a licensed engineer or land surveyor.

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H-13 MEASUREMENTS

All dimensions shown of existing work and for connections with work now in place, shall be verified by the contractor by actual measurements of the existing conditions. Any discrepancies between the drawings and specifications and the existing conditions shall be referred to the Contracting Officer for adjustment before any work affected thereby has been performed.

H-14 TRUCKING

(a) All trucks, bringing to or removing from the site, earth, loose materials, or debris shall be loaded in a manner to prevent dropping of materials on streets.

(b) Earth, loose materials, or debris deposited on the streets due to contract trucking activities shall be removed daily.

H-15 PROJECT DRAWINGS

The contractor shall perform all work in accordance with the specifications, and as shown on the accompanying drawings listed in Section J.

H-16 HOURS OF WORK

All work shall be performed between 7:00 a.m. and 5:00 p.m. local time, Monday through Friday. In the event that the contractor wishes to work on the day of a Government holiday, he shall notify the Contracting Officer seven (7) days in advance of the date he wishes to work. Work during holidays or weekends shall require special approval by the Contracting Officer.

H-17 SITE OWNERSHIP

Bidders are notified that this project will be performed on land owned by the Norton Sound Health Corporation.

H-18 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

(a) This clause does not apply to terminations. See FAR Part 49, Termination of Contracts.

(b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor’s accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor’s accounting records, costs for that equipment shall be based upon the applicable provisions of U.S. Army Corps of Engineers publication EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region IX. Working conditions shall be considered average for determining equipment rates

H-5 using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105, Construction and Architect-Engineer Contract, and FAR 31.205-36, Rental Costs. Rates for equipment rented from an organization under common control, lease purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment or unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the small purchase threshold, the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate.

H-19 SMALL BUSNESS SUBCONTRACTING PROGRAM

(a) In accordance with HHSAR 352.270-2, contract provisions regarding the utilization of small business concerns, small disadvantaged business concerns, women-owned small business concerns, HUBZone concerns, and Service Disabled Veteran-Owned concerns apply only if no Indian organizations or Indian-owned economic enterprises are available for subcontracting under reasonable terms and conditions, including price.

(b) The following subcontract goals, reflecting Federal socioeconomic goals and objectives, serve as a minimum baseline for subcontracting with small business.

Small Business (including ANCs and Indian tribes) --42% Small Disadvantaged Business (including ANCs and Indian tribes) --5% Woman-owned Small Business--5% HUBZone-owned Small Business--3% Service-disabled Veteran-owned Small Business--3%

(c) Offerors that are large businesses shall be required to submit a subcontracting plan as part of its proposal in accordance with the terms of the clause entitled, SMALL, SMALL

DISADVANTAGED AND WOMAN-OWNED SMALL BUSINESS MODEL

SUBCONTRACTING PLAN, FAR Clause 52.219-9, incorporated herein by reference in Section I of the solicitation. Attached to this solicitation is an example of such a plan (see Section J).

1. SUBCONTRACTING PLAN REQUIREMENTS DO NOT APPLY TO SMALL

BUSINESS CONCERNS.

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2. The term “subcontract” means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or Subcontractor calling for supplies or services required for the performance of the Original contract or subcontract.

3. The offeror understands that:

(i) No contract will be awarded unless and until an acceptable plan is negotiated with the Contracting Officer which plan will be incorporated into the contract, as a material part thereof.

(ii) An acceptable plan must, in the determination of the Contracting Officer, provide the maximum practicable opportunity for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged persons to participate in the performance of the contract.

(iii) If a subcontracting plan acceptable to the Contracting Officer is not negotiated within the time limits prescribed by the contracting activity and such failure arises out of causes within the control and with the fault or negligence of the Offeror, the Offeror shall be ineligible for an award. The Contracting Officer shall notify the Contractor in writing for the reasons for determining a subcontracting plan unacceptable early enough in the negotiation process to allow the Contractor to modify the plan within the time limits prescribed.

(iv) It is the Offeror’s responsibility to develop a satisfactory subcontracting plan with respect to both small business concerns and small business concerns owned and controlled…