SF 1442 Solicitation.pdf

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)

IHS1068295

Division of Eng. Services?Seattle

2201 6th Avenue, RX-24

Seattle WA 98121

Indian Health Service

Division of Engineering Services 2201 Sixth Avenue M/S RX-4 Seattle, WA 98121-2500

LINDA SHAW

x

07/29/2009

09-102-SOL-00011

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

Specifications and Drawings identified in Section J of this solicitation and included as attachments.

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.)

5 60 calendar days and complete it within ________________ ________________ calendar days after receiving

08/14/2009

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 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

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

09-102-SOL-00011

RML Interim Sidewalk Contract

FOB: Destination

1 RML Interim Sidewalk Contract

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Interim Sidewalks Solicitation #09-SOL-00011 NIH/NIAID Rocky Mountain Laboratories, Hamilton MT

W:\Clients\National Inst. of Health\Projects\TC00 Site Improvements\TC00 Interim Sidewalks\Construct Interim Sidewalks\2009.07.27 solicitation.doc

PART I - THE SCHEDULE.............................................................................................................................. B-1 Section B - SUPPLIES OR SERVICES AND PRICE/COSTS................................................................B-1 Section C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK .........................................C-1 Section D - PACKAGING AND MARKING ......................................................................................... D-1 Section E - INSPECTION AND ACCEPTANCE....................................................................................E-1 Section F - DELIVERIES OR PERFORMANCE.................................................................................... F-1 Section G - CONTRACT ADMINISTRATION DATA.......................................................................... G-1 Section H - SPECIAL CONTRACT REQUIREMENTS ........................................................................ H-1

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

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

Section J - LIST OF ATTACHMENTS ...................................................................................................J-1

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

OFFERORS .......................................................................................................................... K-1 Section L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS.................................L-1

B-1

PART I - THE SCHEDULE

Section B - SUPPLIES OR SERVICES AND PRICE/COSTS

B-1 BID SCHEDULE

Item Description

All materials, labor, and equipment to construct the items listed below, as described in the technical specifications and drawings

Qty Unit Unit

Price

Amount

Base Items

00001 4” Thick Concrete Sidewalk with Base 3,200 S.F. $_______ $__________

00002 6” Thick Concrete Sidewalk with Base 2,700 S.F. $_______ $__________

00003 Terra Walks 375 S.F. $_______ $__________

00004 Sidewalks Grading 6,275 S.F. $_______ $__________

00005 Remove Existing Concrete 170 S.F. $_______ $__________

00006 Saw Curb for Laydowns 3 each $_______ $__________

00007 White Painting Striping 1 Job $_______ $__________

00008 Yellow Stained Concrete 1 Job $_______ $__________

00009 Drainage Structures 20 each $_______ $__________ Grand Total All Items

C-1

Section C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

See Section J for location of statement of work

D-1

Section D - PACKAGING AND MARKING

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

E-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 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

E-2 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.

F-1

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

52.211-13 TIME EXTENSION SEP 2000

F-2 52.211-10 COMMENCEMENT, PROSECUTION,

AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under Phase 1 of this contract within 14 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work, including any options that are exercised, ready for use not later than two hundred ten (210) calendar days after receipt of notice to proceed for base bid. The Contractor shall (a) commence work under Phase 2 of this contract no sooner than 120 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work, including any options that are exercised, ready for use not later than two hundred ten (210) calendar days after receipt of notice to proceed for base bid. 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 $85.00 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 PERIOD OF PERFORMANCE

Work shall be completed work within 60 days of receiving notice to proceed.

F-5 FAR 52.211-18 VARIATION IN ESTIMATED

QUANTITY (APR 1984)

F-2

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

G-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 pro-rated.

G-2

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.

H-1

Section H - SPECIAL CONTRACT REQUIREMENTS

H-1 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-2 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 http://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 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-2

H-3 STANDARD REFERENCES

(a) Any materials, equipment, or workmanship specified by reference to the number, symbol, or title of any specific standard shall comply with the latest edition or revision thereof, and any amendment or supplement thereto, in effect on the date of the solicitation, except as limited to type, class or grade, or modified in the specifications.

(b) Standards referred to in the plans and specifications, except as modified, shall have full force and effect as though printed in the plans and specifications.

(c) The contractor shall maintain on the site, a complete current set of manufacturers' and standards referenced from work under the contract.

H-4 SPECIFICATIONS AND DRAWINGS

FAR 52.236-21, Specification and Drawings for Construction, states that the "Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided." The following will be provided by the Project Officer:

Six (6) sets of contract drawings and specifications will be furnished to the contractor after issuance of the Notice to Proceed.

H-5 PRODUCT APPROVAL

FAR 52.236-5, Material and Workmanship, states "[w]hen required by this contract or by the Contracting Officer, the contractor shall also obtain the Contracting Officer's approval of the materials or articles which the contractor contemplates incorporating into the work. When requesting approval, the contractor shall provide full information concerning the material or articles. When directed to do so, the contractor shall submit samples for approval at the contractor's expense, with all shipping charges prepaid.

Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection."

The following is the information required by the Contracting Officer regarding the submission of requests for product approval:

(a) Requests shall be submitted within 10 calendar days after date of receipt of Notice to Proceed, unless otherwise specified.

(b) Samples of proposed materials or articles shall have a label indicating:

1. Name of project and contract number;

2. Name of contractor and subcontractor;

3. Material or equipment represented;

4. Place of origin;

5. Name of producer and brand;

6. Location of project;

7. Specification's section to which sample applied.

7. Samples of finished materials shall have additional markings for identification under the Contract finish schedules.

(c) The contractor shall transmit by letter, to the Contracting Officer, samples containing

H-3 the information stated in paragraph (b) above, enclosing a copy of the request with the samples, and sending a copy to the Government representative on the project.

(d) Approval of proposed materials or articles shall be only for the characteristics or use named in such approval and shall not be construed to change or modify any contract requirements, or relieve the Contractor from any contract requirement. Before submitting requests for product approval, the Contractor shall assure himself that the materials or equipment will be available in the quantities required. No change or substitution of approved materials or articles will be permitted after a request has been approved.

(e) Materials and equipment incorporated in the work shall match the approved materials or articles. If requested, approved samples, including those that may be damaged in testing, will be returned to the contractor, at his expense, upon completion of the contract.

Samples not approved will also be returned at Contractor expense, if so requested.

(f) Failure of any material to pass the specified tests will be sufficient cause for refusal to consider, under this contract, any further requests for approval of the same brand or make of that material. The Government reserves the right to disapprove any material or equipment that previously has proved unsatisfactory in service.

(g) Deviations from the contract requirements shall be specifically pointed out in transmittal letters. Failure to point out deviations may result in subsequent rejection and removal of such work at no additional cost to the Government.

(h) Samples of various materials or equipment delivered on the site or in place may be taken by the Contracting Officer for testing. Samples failing to meet contract requirements will automatically void previous approvals. The contractor shall replace such materials or equipment to meet contract requirements, or there shall be an adjustment of the contract price as determined by the Contracting Officer.

(i) When tests are required, only one test of each sample proposed for use will be made at the expense of the Government. Samples which do not meet specification requirements will be rejected. Testing additional samples will be done by the Government at the expense of the contractor.

(j) The contractor shall furnish additional certification on conformance to the specification requirements as may be requested by the Contracting Officer.

H-6 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

H-4 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-7 DEFINITIONS

For the purpose of this contract, the term Project Officer as defined in HHSAR 352.202-1 is synonymous with the term Project Manager.

H-8 ARCHITECT

"Architect" refers to the professional architect-engineer services contractor for this project. The contractor shall not deal directly with the architect in any manner. All contact with the architect shall be done through the Government. Contractor questions regarding the Architect's status relative to this construction contract shall be fully delineated, in writing to the Contracting Officer.

(a) Architect Name and Address: Architects Design Group

No. 1 Sunset Plaza Kalispell Montana 59901

(b) The architect is responsible for both the design and certain construction contract administration/post-construction services. The construction contract administration services include the review of and recommended action on all submittals (including schedules, shop drawings, catalog cuts, and samples), change orders, time extensions, and like matters to the Government.

(c) The architect is responsible for providing to the Government, for the Government's benefit (not the Contractor's), periodic inspections of the construction work. The architect's reports are to the Government, not the contractor.

H-9 MATERIALS ON SITE

Unless otherwise provided in the specifications or drawings, materials removed and not reused under the contract shall become the property of the contractor. The contractor shall remove the materials from the work site. Storage or sale of the materials on the site will not be permitted.

H-5

H-10 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-11 OCCUPANCY OF PREMISES

(a) The project site will be occupied and operational during the performance of the work under the contract.

(b) Before work is started, the contractor shall arrange with the Project Officer a sequence of procedures, means of access, space for storage of materials and equipment, use of approaches, corridors, elevators, stairways, parking areas and access roads. The contractor shall notify the Contracting Officer at least seven (7) calendar days in advance and secure specific approval prior to commencing work involving interruptions to Government operations.

(c) The work shall, so far as practicable, be done in definite sections and confined to limited areas to be completed before work in other sections is begun. Operational sections or areas shall be defined by the contractor in the Construction Schedule and Progress Charts as required by FAR 52.236-15, Schedules For Construction Contracts.

H-12 PROTECTION

a. The contractor shall provide protection for all parts of the buildings, its contents and occupants wherever work under this contract is performed.

b. High noise level operations involving equipment such as jackhammers, air compressors, and power actuated tools shall be scheduled for weekends, from Friday afternoon at 4:30 pm to Monday morning at 7:30 am or after the normal weekday working hours, as approved by the Contracting Officer.

H-13 EQUIPMENT ON THE SITE

Equipment to remain in place, within the area of contract operations, shall be covered and protected against damage or loss. Equipment removed in performance of work under the contract shall be stored on the premises where directed, or shall be reused in work as shown or specified. Equipment temporarily removed shall be protected, cleaned, and replaced equal to its condition prior to starting work under the contract. Security for equipment or material to be reused, removed for temporary storage, shall be the responsibility of the contractor.

H-14 NEW WORK

Unless otherwise noted on drawings or specified, new work in extension of existing conditions shall correspond in all respects to similar existing conditions, in material, workmanship and finish.

H-15 EXISTING WORK

(a) Existing work shall be cut, drilled, altered, removed or temporarily removed and

H-6 replaced for performance of work under the contract. Work replaced shall match similar existing work. Structural members shall not be cut or altered, except as shown, without authorization of the Contracting Officer. Work remaining in place damaged or defaced during this contract shall be restored to the condition at time of award of contract.

(b) Discolored or unfinished surfaces exposed by removal of existing work and indicated to be the final exposed surfaces shall be refinished or the material shall be replaced to be uniform and harmonious with contiguous work. Work out of alignment, where exposed by removal of existing work, shall be called to the Contracting Officer's attention.

Corrective work, directed by the Contracting Officer will be subject to adjustment of the contract in accordance with FAR 52.236-2, "Differing Site Conditions."

H-16 SANITARY FACILITIES

Contractor shall provide a temporary chemical type sanitary convenience, at an approved location, for use by employees on the contract. The convenience premises shall receive daily attention and shall be maintained in a clean and sanitary condition.

H-17 TEMPORARY LIGHT AND POWER

a. The contractor shall furnish and install temporary electrical facilities, including lamps, for construction and safety operations. All temporary facilities shall remain the property of the contractor, and be removed after permanent connections have been completed.

When temporary facilities interfere with Government operations or construction activities, the contractor, upon notification by the Contracting Officer, shall relocate the temporary facilities, at no cost to the Government. Electrical wiring, conduit or equipment which are part of permanent electrical systems, shall not be used for temporary electrical facilities, unless specifically approved by the Contracting Officer.

The contractor shall be responsible for any damage or injury to equipment, materials, or personnel caused by temporary electrical installations. Costs for materials and installation of temporary electrical facilities shall be at the expense of the contractor.

b. Electricity for use within the building will be made available to the contractor by the Government from Government-owned or operated electrical systems, without cost to the contractor. Power for offices and other temporary facilities shall be provided by the contractor at contractor’s expense. Contractor shall install and maintain, at his own expense, connections and facilities in locations and in a manner approved by the Contracting Officer.

c. The hours of operation, level of illumination and coverage for safety of personnel shall meet the minimum requirements of the Contracting Officer.

H-18 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

H-7 has been performed.

H-19 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-20 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. There shall be no work scheduled on weekends without special approval by the Contracting Officer prior to 4:00 p.m. Seattle time on the preceding Thursday.

H-21 SITE OWNERSHIP

Bidders are notified that this project will be performed on U.S. Government owned land.

H-22 EQUITABLE ADJUSTMENTS DUE TO CHANGES

(a) The Contractor shall submit a proposal for all changes in the work within fifteen (15) days from the effective date of the change order or request for proposal. With each proposal for a change involving an increase or decrease in the amount of the contract, the Contractor shall submit separately an itemized breakdown that will include, but not be limited to, the following:

(1) Material quantities and unit price. (separated into trades)

(2) Labor costs (separate into labor classifications and hourly rates)

(3) Construction equipment

(4) Workmen's compensation

(5) Overhead

(6) Profit

(7) Employment taxes under FICA, FUTA and SUTA

(8) Bond (Prime Contractor only)

(9) Sales Tax

(10) Direct Performance Time of Change

(11) Impact on Schedule, if any

(12) Impact Costs, if any

(b) In considering proposals for changes involving added work, omitted work, or any combination thereof, estimates will be checked in detail by the Contracting Officer, utilizing unit prices where specified or agreed upon, with the view of arriving at equitable adjustments.

(c) When the necessity to proceed with a change does not allow sufficient time to properly check a proposal, or because of failure to reach an agreement, the Contracting Officer may direct the Contractor to proceed immediately with the work.

(d) Proposals and breakdown should be submitted as promptly as possible but in no event

H-8 later than thirty (30) days.

(e) All proposals shall be submitted in accordance with the requirements of HHSAR 352.270-4. Should a proposal cost exceed $500,000 or is required for a lesser amount at the direction of the Contracting Officer for a change, certified cost or pricing data should be submitted in a format which satisfies the requirements of FAR 15.4. When certified cost or pricing data are required, the Contractor shall submit an executed Certificate of Current Cost or Pricing Data (FAR 15.406-2) as soon as practicable after price agreement is reached.

(f) Allowable overhead, profit, and percentages are given below. These percentage shall be limited to three tiers only and shall be considered to include, but not limited to, all insurance other than FICA, FUTA, SUTA and Workmen's Compensation, field and office supervisors, assistants, and clerical personnel, use of small tools, incidental job burdens, and general office expense. Incidental job burdens include, but are not limited to, review and coordination, and estimating and expediting relative to contract changes that are associated with field and office supervision.

No percentages for overhead and profit shall be allowed on FICA, FUTA, or SUTA.

The percentages of overhead to be allowed by the Contracting Officer will be 10% for all contract changes performed by the Prime Contractor personnel and 5% for all contract change work performed by subcontract personnel.

The percentage for profit to be allowed by IHS will vary according to the nature, risk, extent, and complexity of work involved, but in no case shall exceed 10%. Percentages for overhead and profit will be as follows:

Overhead Profit

To subcontractors and/or to the Contractor for work performed with his own forces

10% 1% - 10%

To subcontractors and/or to the Contractor on work performed by other than his own forces

5% 1% - 5%

The percentage of profit is to be negotiated. The burden is on the Contractor to propose and justify to the Government the percentage of profit to be paid on each modification to the contract.

On proposals involving both increases and decreases in the amount of the contract, overhead and profit will be allowed on the net increases only. On net decreases, corresponding overhead and profit will be deducted.

Time Extension:

(g) When the Contractor submits a change proposal without including a corresponding Time Impact Analysis meeting the requirements of the pertinent Specification Section, the Contractor acknowledges that the particular change order, modifications, delay or contract request does not require an extension of the contract time (or milestone) and the Contractor shall not thereafter be entitled to request or receive any such extension(s).

H-9

Delay and Impact Costs:

Any proposal for delay and impact costs that is not submitted within sixty (60) days after completion of the work identified in the change will not be considered. This requirement is in addition to the scheduling updates required for construction of the project. If there are circumstances which prevent the Contractor from ascertaining delay for impact during this time, a status update, including but not limited to a critical path analysis, shall be submitted within this time and at sixty (60) day intervals thereafter, explaining why the Contractor cannot yet know the extent of the impact. If this is not done, a claim for delay will not be considered unless special circumstances are shown. This requirement is necessary to enable the Government to respond to any claims for delay in light of conditions then current.

H. 23 COORDINATION OF TRADES

The drawings are in part diagrammatic and show the general arrangement of ducts, piping, conduits, etc., of architectural, civil, electrical, mechanical, and structural work.

The contractor shall have a competent engineer to coordinate all field work and shop drawings of the various trades prior to installation and for submission of coordinated shop drawings for approval. Spaces shall be allotted to the various trades prior to the installation of the work. In spaces where all the various installations cannot be accommodated, the contractor shall, prior to fabrication or installation of work, notify the Contracting Officer and submit suggestions as to the solution. The contractor shall be responsible for the coordination of the various trades involving location and size of all sleeves, conduits, speakers, hangers, and similar installations. This coordination includes dealing with existing conditions.

I-1

PART II - CONTRACT CLAUSES

Section I - CONTRACT CLAUSES

I-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

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT

SEPT 2006

52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS

FOR ILLEGAL OR IMPROPER ACTIVITIES

JAN 1997

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

ACTIVITIES

JAN 1997

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS

SEP 2005

52.204-4 PRINTING/COPYING DOUBLE-SIDED ON RECYCLED PAPER AUG 2000

52.204-7 CENTRAL CONTRACTOR REGISTRATION (OCT 2003) OCT 2003

52.204-9 PERSONAL IDENTITY VERFICATION OF CONTRACTOR

PERSONNEL

SEPT 2007

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT

SEPT 2006

52.214-29 ORDER OF PRECEDENCE – SEALED BIDDING JAN 1986

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE JUN 2003

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS MAY 2004

52.219-14 LIMITATIONS ON SUBCONTRACTING DEC 1996

52.222-3 CONVICT LABOR JUNE 2003

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS

ACT-OVERTIME COMPENSATION

JUL 2005

52.222-6 DAVIS-BACON ACT JUL 2005

52.222-7 WITHHOLDING OF FUNDS FEB 1988

52.222-8 PAYROLLS AND BASIC RECORDS FEB 1988

52.222-9 APPRENTICES AND TRAINEES JUL 2005

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS FEB 1988

52.222-11 SUBCONTRACTS (LABOR STANDARDS) JUL 2005

52.222-12 CONTRACT TERMINATION – DEBARMENT FEB 1988

I-2

52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT

REGULATIONS

FEB 1988

52.222-14 DISPUTES CONCERNING LABOR STANDARDS FEB 1988

52.222-15 CERTIFICATION OF ELIGIBILITY FEB 1988

52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999

52.222-26 EQUAL OPPORTUNITY APR 2002

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR

CONSTRUCTION

FEB 1999

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED

VETERANS, VETERANS OF THE VIETNAM ERA, AND

OTHER ELIGIBLE VETERANS

SEPT 2006

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES JUN 1998

52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED

VETERANS, VETERANS OF THE VIETNAM ERA, AND

OTHER ELIGIBLE VETERANS

SEPT 2006

52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING

PAYMENT OF UNION DUES OR FEES

DEC 2004

52.222-50 COMBATING TRAFFICKING IN PERSONS FEB 2009

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW APR 2003

52.223-6 DRUG-FREE WORKPLACE MAY 2001

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA – DESIGNATED

ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS

MAY 2008

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES FEB 2006

52.227-1 AUTHORIZATION AND CONSENT JUL 1995

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT

AUG 1996

52.227-4 PATENT INDEMNITY—CONSTRUCTION CONTRACTS APR 1984

52.228-2 ADDITIONAL BOND SECURITY OCT 1997

52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION JAN 1997

52.228-11 PLEDGE OF ASSETS FEB 1992

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS OCT 1995

52.228-14 IRREVOCABLE LETTER OF CREDIT DEC 1999

52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION NOV 2006

52.229-3 FEDERAL, STATE, AND LOCAL TAXES APR 2003

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS

SEP 2002

52.232-16 PROGRESS PAYMENTS APR 2003

52.232-17 INTEREST JUN 1996

52.232-23 ASSIGNMENT OF CLAIMS JAN 1986

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS

**see adjusted time periods below

SEP 2005

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – CENTRAL

CONTRACTOR REGISTRATION

OCT 2003

52.233-1 DISPUTES ALTERNATE I (DEC 1991) JUL 2002

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

I-3

52.236-2 DIFFERING SITE CONDITIONS APR 1984

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE

WORK

APR 1984

52.236-5 MATERIAL AND WORKMANSHIP APR 1984

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR APR 1984

52.236-7 PERMITS AND RESPONSIBILITIES NOV 1991

52.236-8 OTHER CONTRACTS APR 1984

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS

APR 1984

52.236-10 OPERATIONS AND STORAGE AREAS APR 1984

52.236-12 CLEANING UP APR 1984

52.236-13 ACCIDENT PREVENTION ALTERNATE I (NOV 1991) NOV 1991

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES APR 1984

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

52.236-17 LAYOUT OF WORK APR 1984

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.242-13 BANKRUPTCY JUL 1995

52.243-5 CHANGES AND CHANGED CONDITIONS APR 1984

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS FEB 2009

52.248-3 VALUE ENGINEERING—CONSTRUCTION FEB 2000

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(FIXED PRICE) ALTERNATE I (SEP 1996)

MAY 2004

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) APR 1984

52.253-1 COMPUTER GENERATED FORMS JAN 1991

HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (48 CFR Chapter 3):

Number Title Date

352.202-1 DEFINITIONS JAN 2001

352.223-70 SAFETY AND HEALTH JAN 2001

352.232-9 WITHHOLDING OF CONTRACT PAYMENTS APR 1984

352.249-14 EXCUSABLE DELAYS JAN 2001

352.270-4 PRICING OF ADJUSTMENTS JAN 2001

352.270-6 PUBLICATIONS AND PUBLICITY JUL 1991

352.270-7 PAPERWORK REDUCTION ACT JAN 2001

352.270-13 TOBACCO-FREE FACILITIES JAN 2006

I-2 52.225-9 BUY AMERICAN ACT—

CONSTRUCTION MATERIALS (FEB 2009)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material)…