Whiteriver Boiler Replacement RFP 10-161-SOL-00006.pdf

INSTRUCTION TO OFFERORS

This Request for Proposals (RFP) Number 10-161-SOL-00006 is a project for Replacement of Boilers at Whiteriver Indian Hospital and is 100% set-aside for small business participation. The North American Industry Classification System (NAICS) code for this RFP is 238220 and the accompanying size standard for Small Business classification is revenue of $14M annually or less. Please review the RFP carefully before submitting an offer.

Detailed submittal instructions are contained in Sections B, L and M of this RFP.

Proposals that do not contain the documents and information required may be rejected.

Offers must be returned no later than the date and time shown in Block 9 of the Standard Form 33, "Solicitation, Offer and Award", unless otherwise noted in a subsequent amendment to the RFP.

IF THE OFFEROR DESIRES TO VISIT THE SITE, PLEASE CONTACT BARRY

PRINCE AT (214) 767-8590 TO SCHEDULE A DATE AND TIME FOR THE VISIT.

Interested offerors are encouraged to schedule a site visit to the Whiteriver hospital to examine the conditions that may affect the physical size of the boilers. Due to the short proposal period in this RFP, A REQUEST FOR A SITE VISIT CAN NOT BE GRANTED

IF RECEIVED AFTER JANUARY 19, 2010.

DELIVER ALL PAPER COPIES OF THE RFP TO:

Contracting Officer Indian Health Service – 10-161-SOL-00006 Div. of Engineering Services - Dallas 1301 Young Street, Suite 1071 Dallas TX 75202-5433

SPECIAL NOTICE: The Indian Health Service will alternatively accept facsimile proposal submissions for this RFP. The facsimile Number is 214-757-5194. If the Offeror opts to submit its proposal by Facsimile, it must be complete and provide all information required by the RFP document. For Facsimile responses, please review the Provision at Section L-5. To be considered timely and complete, the original Offer Guarantee, including any affixed corporate seal(s) (refer to Clause L-2, Offer Guarantee) must be submitted to reach the office designated on SF33, Block 7 by the date and time set for closing Where a paper proposal is submitted, the original of the Offer Guarantee must be included as part of that submission.

To reduce the Proposal evaluation process period, where technically possible, the Offeror shall also submit a PDF copy of the proposal by email attachment to Barry Price at barry.prince@ihs.gov.) This PDF copy should mirror the paper or Facsimile submittal and reach Mr Prince by the date set for closing (refer to SF33, Block 9).

The Indian Health Service WILL NOT ACCEPT Telegraphic or Telephonic proposals. Questions concerning this solicitation must be submitted in writing via email to: barry.prince@ihs.gov.

The cut off date for all questions is January 19, 2010.

SPECIAL INFORMATION

MANDATORY REGISTRATION REQUIREMENT: Please review the clause in Part IV, Section L of this Solicitation, FAR 52.204-7 Central Contractor Registration: Any and all firms or persons wishing to respond to this solicitation must be registered in the “Central Contractor Registration (CCR) database”. By submission of an offer, the offeror acknowledges the requirement that a prospective awarder shall be registered in the CCR database prior to award, and maintains registration updates during performance, and through final payment of any contract.

UNION MEMBERSHIP According to the executive order issued by President George W. Bush in February 2001 Contractors must post the union notice in "conspicuous places" and it must include the following statement: "Under federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs". In addition the statement must also explain that nonunion employees can only be required to pay dues for collective bargaining, contract administration and grievance adjustment and any employee who believes they have been paying dues for other costs may be entitled to refunds.

ECONOMY AND EFFICIENCY IN GOVERNMENT PROCUREMENT THROUGH

COMPLIANCE WITH CERTAIN IMMIGRATION AND NATURALIZATION ACT

PROVISIONS (Executive Order 12989 of February 13, 1996 by President William Clinton) This order is designed to promote economy and efficiency in Government procurement.

Stability and dependability are important elements of economy and efficiency. A Contractor whose work force is less stable will be less likely to produce goods and services economically and efficiently than a Contractor whose work force is more stable. It remains the policy of this Administration to enforce the immigration laws to the fullest extent, including the detection and deportation of illegal aliens. In these circumstances, Contractors cannot rely on the continuing availability and service of illegal aliens, and Contractors that choose to employ unauthorized aliens inevitably will have a less stable and less dependable work force than Contractors that do not employ such persons. Because of this Administration’s vigorous enforcement policy, Contractors that employ unauthorized alien workers are necessarily less stable and dependable procurement sources than Contractors that do not hire such persons. I find, therefore, that adherence to the general policy of not contracting with providers that knowingly employ unauthorized alien workers will promote economy and efficiency in Federal procurement.

NOW, THEREFORE, to ensure the economical and efficient administration and completion of Federal Government contracts, and by the authority vested in me as President by the Constitution and the laws of the United States of America, including 40 U.S.C. 486(a) and 3 U.S.C. 301, it is hereby ordered as follows: It is the policy of the executive branch in procuring goods and services that, to ensure the economical and efficient administration and completion of Federal Government contracts, contracting agencies should not contract with employers that have not complied with section 274A(a)(1)(A) and 274A(a)(2) of the Immigration and Nationality Act (8 U.S.C.

1324a(a)(1)(A), 1324a(a)(2)) (the ‘‘INA employment provisions’’) prohibiting the unlawful employment of aliens. All discretion under this Executive order shall be exercised consistent with this policy.

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

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1 89

10-161-SOL-00006 ✘ 01/12/2010 IHS1084969

CONTRACTING OFFICER

Indian Health Service Engineering Services

1301 YOUNG ST. ST,1071 DALLAS, TEXAS 75202

SAME AS BLOCK 7

REFER TO BLOCK 7 02:00 01/28/2010

Barry Prince 214 767-8590 barry.prince@ihs.gov

✘ 1

✘ 2-3

✘ 4-14

✘ 15

✘ 16-20

✘ 21-23

✘ 24-31

✘ 32-39

✘ 40-52

✘ 53

✘ 54-68

✘ 69-84

✘ 85

Request For Proposals – Boiler Replacement Project, Whiteriver Page 2 of 89

10-161-SOL-00006

PART I, SECTION B

SUPPLIES OR SERVICES AND PRICES

B-1 Potential Award Without Discussions The Offeror is advised that an award may be made without discussion, exchanges or any contact concerning the offer received. The Offeror should not assume that they will be contacted or afforded an opportunity to qualify, discuss, or revise their offer after submission. Therefore, the Offeror should present what is considered its best and final price at time of initial submission.

B-2 Offer

(a) The offeror must provide a price for the boiler replacement project (Item 0001 in Section B-4.

(b) The offeror is required to provide specific supporting detailed documentation with the priced offer for Item 0001 as follows:

1. In support of the price proposed for this project under Paragraph B-4, the Offeror shall include the following price information for the makeup of that price:

A. demolish/remove of existing boilers;

B. purchase and install new boilers;

C. demolish/remove existing water softeners;

D. purchase and install new water softeners;

E. demolish/remove existing day fuel storage tank;

F. purchase and install new fuel storage tank; and G. Install new controls and connect to DDC.

2. Shop Drawings for the proposed boilers and controls;

3. Boiler Manufacturer cut sheets; and

4. Boiler performance data, at a minimum 25%, 50%, 75%, and 100% load.

B-3 Notices and Evaluation Factors Refer to the Request for Proposals (RFP), Part IV, Sections L and M, for detailed instructions on proposal submittal requirements.

Request For Proposals – Boiler Replacement Project, Whiteriver Page 3 of 89

B-4 Item Prices

ITEM DESCRIPTION PRICE

0001 Replace Boilers at Whiteriver Indian Hospital as specified in the Scope of Work detailed in Part 1, Section C of the RFP ________________

B-5 Proposed Performance Time The Government desires performance such that all work required under Part 1, Section C of this solicitation is completed within 90 calendar days after receiving Notice to Proceed.

The Offeror shall insert (below) the number of calendar days proposed for completion after beginning performance of this work:

_______________ Calendar days after Notice to Proceed (refer to Part I, Section F, Paragraph F-6, "COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK" (Apr 1984) FAR 52.211-10. If the Offeror leaves this Paragraph B-5 blank, such action signifies the Offeror's agreement that the Government's desired performance period is acceptable and will apply to any contract awarded under this RFP.

Request For Proposals – Boiler Replacement Project, Whiteriver Page 4 of 89

Part I, SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1 Scope of Work – Boiler Replacement

1. DESCRIPTION

Two steam boilers at the Whiteriver Hospital are original equipment dating back to approximately 1978 and require replacement. The new boilers shall fit into the existing spaces. The existing boilers are Cleaver Brooks CB 100-100 boilers and shall be replaced with boilers with a rating of 80 BHP. Price is to include installation, start-up, controls, and connection to the plant’s Direct Digital Control system. Boiler system equipment included in this Scope is two water softeners and a 100-gallon indoor fuel storage tank. The Contractor shall demolish and / or dismantle this existing equipment, plus, the existing boilers and remove them from the site as part of this project.

2. GENERAL

A. The Contractor shall adhere to the following code requirements for equipment furnished and work performed, including testing, inspection, and commissioning:

i. International Building Code (latest edition)

ii. International Plumbing Code (latest edition)

iii. NFPA 54, National Fuel Gas Code

iv. ASME Code of Pressure Vessels (latest edition)

v. ASME Code for Safety Devices (CSD-1) (latest edition)

vi. Occupational Safety and Health Act – CFR1926

B. Deliverables

i. Submittals shall include the following:

a. Copies of ASME qualifications for those performing the work

b. Start-up plan, including start-up dates, installation, and checkout of equipment

ii. Final Payment will not be authorized without the following:

a. Manufacturer warranty

b. Two complete sets of operation and maintenance manuals for all equipment furnished under this contract

c. Two complete as-built drawings for equipment, piping, headers, etc

d. Adequate combustion and smoke test results for low, medium, and high firing positions

e. Factory authorized, completed startup report

f. Sixteen hours of boiler operation training by a factory-certified technician

C. Inspection and Startup

i. The Government reserves the right to inspect all aspects of work performed, including hiring a 3rd party inspector to verify proper installation and operation

ii. Contractor is required to demonstrate full and complete operation of all work performed

Request For Proposals – Boiler Replacement Project, Whiteriver Page 5 of 89

iii. Final acceptance will be based on an acceptable final inspection, including final verification testing of all equipment and workmanship

iv. Equipment and workmanship must meet these minimum specifications before final payment is authorized.

D. Warranty

i. All equipment, products, materials, and workmanship shall have a minimum of a one year warranty from the date of final acceptance.

ii. The Contractor shall be onsite within eight hours of being informed that the boilers are inoperable. All other responses shall receive response within three working days.

3. EXECUTION

Contractor is to work closely with Whiteriver hospital personnel to schedule work.

The current system is redundant, if the Contractor is able to keep one boiler on-line at all times then work may proceed during normal business hours.

Existing materials are to be disposed of off of the reservation at an appropriate site.

Recycling of materials is encouraged and preferred. If materials are scrapped, the Contractor shall pass the scrap value to the Government.

4. PRODUCTS

A. Boilers Water tube boilers will not be considered. Scotch marine boilers shall be U.L.

listed for the installation.

i. Boiler shall be an 80 BHP steam boiler rated for a working pressure of 150 psig

ii. Boiler shall be approved for operation with #2 oil.

iii. Boiler shall be a four pass firetube boiler with a minimum of five square feet of heating surface per rated boiler horsepower

iv. Boiler shall be mounted on a heavy steel frame with integral forced draft burner and burner controls

v. The boiler shall be complete preassembled and fire tested at the factory, ready for immediate mounting on the foundation and ready for attachment of water, steam, fuel, electrical, vent, and blowdown connections

vi. Front and rear doors on the boiler shall be hinged or davited, sealed with heat-resistant gaskets, and fastened tightly using heavy capscrews that thread into replaceable brass nuts

vii. Boiler tubs shall not include turbulators, swirlers or other add-on appurtenances

viii. Front and rear tube sheets and all flues must be fully accessible for inspection and cleaning when the doors are swung open and the boiler shall be furnished with adequate handholes to facilitate boiler inspection and cleaning

ix. Observation ports for the inspection of flame conditions shall be provided at each end of the boiler

x. Boiler shall have a minimum of 2 inches of high temperature insulation

Request For Proposals – Boiler Replacement Project, Whiteriver Page 6 of 89

xi. The entire boiler base frame and other components shall be factory painted before shipment using a hard-finish enamel coating.

xii. The feedwater pump control shall be included as an integral part of the water column to automatically actuate a motor driven feedwater pump maintaining the boiler water level within normal limits

xiii. The low water cutoff shall be included as an integral part of the boiler feedwater control wired into the burner control circuit to prevent burner operation if the boiler water level falls below a safe level

xiv. Burner operation shall be full modulation principle and shall always return to low fire position for ignition

xv. Combustion air damper and cam operated fuel metering valves shall be operated by a single damper control motor that regulates the fire according to load demand

xvi. A separate motor-driven oil pump set with a capacity of twice the firing rate of the boiler shall be provided and installed in a location favorable to the contractor-provided double-walled 100-gallon fuel storage tank

xvii. The metering valve shall permit circulation of hot oil to the burner at all times

xviii. The burner drawer oil piping and nozzle shall be purged of oil on each shutdown

xix. A low oil pressure switch shall be included in the oil piping

xx. The control panel shall be mounted on the front door of the boiler in a location convenient to the operator

xxi. The control panel shall have a hinged metal cabinet with a NEMA 1A rating that includes a neoprene dust seal B. Boiler System

The water softeners are at the end of their useful life. The Contractor is to remove and replace the two 750-gallon water softeners with appropriately sized units.

The existing 100-gallon day tank for fuel storage is leaking and does not meet current code requirements. The Contractor shall replace the day tank with a double-walled tank specified for fuel storage.

C. Controls The controls will be tied into the DDC program, Metasys, by a Johnson Controls contractor. The controls will include:

i. An automatic, alternating firing sequence for multiple boilers with a lead-lag configuration.

ii. Steam flow recorder to remotely indicate, record, and total the steam flow per hour through the steam header. Provide the panel-mounted indicating recorder with a tamper proof case.

iii. Pressure gage conforming to ASME B 40.100 or indicating steam pressure in main steam header, for indicating atomizing steam pressure, and for indicating feed water pressure.

iv. Metasys shall be capable of controlling start/stop of the boiler and showing the pressure and run status.

Request For Proposals – Boiler Replacement Project, Whiteriver Page 7 of 89

C-2 SITE INVESTIGATION

The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its costs, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from any drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

C-3 CONTINUITY OF FACILITIES OPERATION

The Contractor shall schedule work to minimize interference with any on-site housing residents and the facilities’ normal operations. Notify the Contracting Officer and Contracting Officer’s Technical Representative (COTR) 24 hours in advance of any shutdowns. Perform all on-site work between the hours of 7:00 AM and 5:00 PM, Monday through Friday (Federal holidays excluded), unless otherwise approved by the Contracting Officer.

C-4 NOTIFICATION OF START AND COMPLETION OF WORK

The Contractor shall notify the Contracting Officer and Contracting Officer’s Technical Representative (COTR) in writing, five (5) calendar days in advance of the date he intends to commence work, and five (5) calendar days prior to the date that work will be ready for final inspection.

C-5 ACCIDENT PREVENTION AND SAFETY STANDARDS

(a) During the execution of this contract, the Contractor shall conform to the rules and regulations as set forth by OSHA Safety and Health Standards, 29 CFR Part 1926 - Safety and Health Regulations for Construction and all State Safety and Health Regulations and Construction Standards. When the standards differ, the more restrictive requirement shall apply.

Request For Proposals – Boiler Replacement Project, Whiteriver Page 8 of 89

(b) Safety Plan. Within fifteen (10) calendar days of award of the Contract the contractor shall furnish to the Contracting Officer a Safety Plan. Prior to mobilization the Contractor shall furnish, as a submittal, his safety plan applicable to the project.

Furthermore, the Contractor shall brief all employees on proper safety and accident reporting. The Contractor shall provide all occupational health services to his employees. Contractor employees shall be instructed to notify the Contractor’s project manager of potential or existing occupational health hazards that require attention. The Contractor shall designate a person on his staff to manage the Contractor's safety and accident prevention program. This person will provide a point of contact for the Contracting Officer on matters of job safety, and shall be responsible for ensuring the health and safety of on site personnel.

C-6 TEMPORARY FACILITIES

(a) STORAGE: The location for exterior stock piling of materials shall be arranged by the Contracting Officer’s Technical Representative (COTR). The Contractor shall be responsible for protecting materials stockpiled against weather, damage, theft, and other risks of loss. The Indian Health Service assumes no responsibility for material or equipment left in the storage area.

(b) SANITARY FACILITIES: Toilet facilities may be available for Contractor use. The Contractor shall ensure the facilities remain clean. The Contractor may be required to provide toilet facilities at some sites.

(c) WATER AND ELECTRICITY: Water and 120V electricity may be available at no cost to the Contractor. If water and electricity are made available for the Contractor’s use, costs for utility connections and disconnections are the responsibility of the Contractor.

(d) TELEPHONE: Public pay phones may be available at various locations at most Indian Health Service Facilities. Please contact the COTR for additional information concerning telephone services.

C-7 EXISTING UTILITIES

Utility locations when shown are approximate. The Contractor shall field-verify all utility locations before digging or trenching. This shall include but not be limited to the use of sonic, electronic or magnetic detection devices, by noting pull box and utility box locations at the surface, and by potholing. Contractor shall be responsible for repairing any utilities damaged during construction at no additional cost to the Government.

C-8 MATERIALS

All items shall be inspected by the Project Manager or other designated Government representative prior to installation to ensure proper item is used. Only correctly sized and properly functioning materials shall be used.

All materials provided by the Contractor shall be new; not used or remanufactured.

At project completion the Contractor shall offer to the COTR any extra materials to keep for maintenance purposes. If the COTR does not wish to keep the materials, they will revert back to the contractor for disposal.

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C-9 LOCATION ESTABLISHMENT

The Contractor shall provide any staking and layout necessary to construct the proposed facilities as shown on the plans.

The Contractor must familiarize himself with the local conditions of the project site.

Failure to do so shall in no way relieve the Contractor of the responsibility for performing all of the work or operations required as a part of any delivery order under this contract.

C-10 PROTECTION OF SITE

Except as otherwise provided herein, the Contractor shall protect all fences, structures, walks, utilities, trees, shrubbery, lawns, etc specifically required or necessary to complete the work. During the progress of the work the Contractor shall remove all debris and waste materials daily.

Upon completion of the work, the Contractor shall restore the site as nearly as possible to its original condition, including the replacement, at his sole expense, of any facility or landscaping that has been destroyed or damaged beyond restoration.

C-11 WASTE MATERIALS

All construction debris and waste material shall be disposed of off-site. Hospital dumpsters are not available for the Contractor's use.

All unused excavated materials shall be removed from the site and properly disposed of by the Contractor. All materials being removed from the site shall be covered to ensure proper transport.

C-12 PROPOSED BETTERMENTS

The minimum requirements of the contract are identified in the Request for Proposal. All betterments offered in the proposal become a requirement of the awarded contract.

“Betterment” is defined as any component or system, which exceeds the minimum requirements detailed in the contract.

C-13 TRAINING

The Contractor shall provide operational and maintenance training for all systems furnished under the contract for operating and maintenance personnel. The system manufacturer shall conduct the training, where feasible. All operation and maintenance manuals shall be submitted and approved prior to conducting the training. Only approved maintenance manuals will be used for operating and maintenance personnel training.

C-14 MATERIAL SUBMITTALS

(a) Minimum initial Submittals that must be addressed by the contractor are Requirements: Qualifications and Start-up Plan.

Submittals may be drawings, sketches, manufacturer’s literature, catalog descriptions or other descriptions in sufficient detail to allow for a complete evaluation by the Government. The Contractor shall provide submittals for any item the Contractor

Request For Proposals – Boiler Replacement Project, Whiteriver Page 10 of 89 proposes to substitute for a specified item as an “equal item”, for any proposed design change or deviation from these specifications or the drawings and for anything required in these plans or specifications found to conflict with applicable codes and ordinances.

Products listed in the delivery order will be construed as the minimum allowable standard.

Substitutions or deviations not approved by the Contracting Officer may be rejected.

(i) Catalog cuts: shall contain manufacturer's description, specifications and sketches of the material and equipment provided. The catalog cut shall contain sufficient information, which can be used to determine compliance with these specifications. Submit catalog cuts as required by the Contract.

(ii). Samples: Submit samples that include color, pattern, style, etc. as required by the Contract.

(b) The Contracting Officer or his designated representative shall provide written acceptance of all submittals. Work shall not commence until all submittals are approved.

Four sets of submittals shall be provided to the Contracting Officer or his designated representative at least two weeks before a determination is required.

(c) Forward all submittals to the Contracting Officer’s Technical Representative (COTR). Submittals shall be accompanied with IHS furnished material submittal form.

Submissions shall be presented in four copies unless indicated otherwise. The Contracting Officer’s Technical Representative (COTR) will return one copy of the submittals to the Contractor, whether approved or rejected.

(d) The Contracting Officer’s Technical Representative (COTR) will review all submittals for compliance with these specifications. Submittals must be approved before any item is ordered or delivered to the job site.

(e) The act of approving submittals, and corrections or comments made during the review, does not relieve the Contractor from compliance with the requirements of the plans and specifications in the Contract.

(f) Certificates of Compliance Certificates of compliance shall be signed by an authorized officer of the manufacturing company furnishing the material, which states that the material being furnished meets all requirements of these specifications and referenced specifications. Submit certificates of compliance as required by the Contract.

(g) Shop Drawings Submit shop drawings when required by the Contract. Drawings shall indicate layouts, dimensions, materials, and other information required to fully describe the items being installed. When required by the Contract, in addition to shop drawings for approval, submit one reproducible set of as-built shop drawings at completion of work.

Request for final payment will not be approved until the marked prints are delivered to the Contracting Officer’s Technical Representative (COTR).

(h) Statements of Procedures Submit job-specific detailed procedural statements for aspects of the project requiring special attention. The statements shall indicate all methods and materials to be used for proper execution of the work. The statements shall also indicate any limiting criteria

Request For Proposals – Boiler Replacement Project, Whiteriver Page 11 of 89 and scheduling requirements. Submit statements of procedures for the following tasks:

Asbestos Removal

(i) Lead Paint or Ceramic tile glazes containing lead

(ii) Scaffolding

(iii) Selective Demolition

(iv) Additional statements of procedures may be required for other types of work.

(v) Any additional statements needed, are identified in the contract.

(i) Standard Compliance When materials or equipment must conform to the standards of organizations such as the American Society for Testing and Materials (ASTM), and Underwriter's Laboratories (UL), proof of such conformance shall be submitted to the Contracting Officer’s Technical Representative (COTR) for approval. If an organization uses a label or listing to indicate compliance with a particular standard, the label or listing will be acceptable evidence. In lieu of the label or listing, submit a certificate from an independent testing organization, which is competent to perform the test. The certificate shall state that the item has been tested in accordance with the specified organization's standard.

(j) Test Results Submit any test results as required by the Contract to the COTR.

(k) Permits and Certificates Submit a copy of all permits and certificates as required by the Contract.

(l) Hazardous Material Identification Submit Material Safety Data Sheets (MSDS) for any materials defined as hazardous under the most current revision of Federal Standard 313. One copy of each MSDS shall be submitted to the COTR prior to the delivery date of the product.

C-15 Brand Name or Equal (Aug 1999) FAR 52.211-6

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(i) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(ii) Clearly identify the item by—

1. Brand name, if any; and

2. Make or model number;

(iii) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

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(iv) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

C-16 Codes / Standards All work shall conform to the most currently applicable local, federal and state environmental laws and regulations as amended, as well as accepted professional practices. It is the Contractor’s responsibility to obtain and maintain the current applicable documents.

C-17 Hazardous Waste The Contractor shall handle, transport, store, and dispose of waste materials generated under this contract in accordance with applicable Environmental laws and regulations.

Copies of all permits shall be provided to the Contracting Officer or the COTR.

C-18 Asbestos / Lead-Based Paint The Contractor shall remove asbestos and lead-based paint in accordance with all applicable laws and regulations. The Contractor must provide information required for permits from the State Office of Environmental Protection or other approval authority as appropriate, to the Contracting Officer at least ten (10) days before any asbestos removal operation.

C-19 Protection When the Contractor works in locations where the potential for exposure to asbestos fibers or lead-based paint exists, the Contractor shall provide adequate protection for all persons and prevent contamination of property, materials, supplies and equipment. The safety plan required shall cover this potential exposure where it exists and will be provided to the Contracting Officer prior to the start of any work.

C-20 Other Documents

a) Americans with Disabilities Act, Accessibility Guidelines for Building and Facilities

b) American Society of Heating and Air Conditioning Engineers (ASHRAE) Standards

c) National Electrical Code

d) National Environmental Balancing Bureau (NEBB)

e) Commissioning Procedural Standards

f) National Electrical Safety Code

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g) National Fire Protection Association - NFPA 72 - Standard for Installation, Maintenance, and Use of Protective Signaling Systems

h) NFPA 101 - Life Safety Code

i) Sheet Metal and Air Conditioning Contractors National Association, Inc.

(SMACNA)

j) HVAC Duct Construction Standards

k) Uniform Building Code

l) Uniform Mechanical Code

m) Uniform Plumbing Code

C-21 Availability of Documents

(a) Federal Statutes, Regulations, and Executive Orders are available through commercial sources or the U.S. Government Printing Office, Washington, DC 20402.

(b) Environmental Protection Agency (EPA) pamphlets and documents are available from the EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.

C-22 Energy Conservation All equipment (motors, adjustable speed drives, controls, chillers, boilers, etc.) installed under this contract shall be in the top 10% of the appropriate industry standard for energy efficiency. Fluorescent light fixtures shall be a minimum of T-8 type with instant start electronic ballasts with a High Power Factor and a Total Harmonic Distortion of less than 20 percent or equal. Boilers shall use low NOX burners with nitrous oxide emissions from 10 ppm to a maximum of 30 ppm. When installing air conditioning to existing or new buildings, wall and ceiling insulation shall be installed to provide an insulation level acceptable to the Contracting Officer.

C-23 BAR CHART PROGRESS SCHEDULE

The Contractor shall submit a bar chart Progress Schedule to the COTR for the Contract. Onsite work shall not begin until the bar chart schedule has been approved.

(a) Prepare a bar chart schedule depicting each distinct salient activity involved in performing the work, the contemplated dates for beginning and completing each activity, and the cost of each phase of each activity. The numbering, labeling, breakdown, and phasing of activities depicted on the bar chart schedule shall correspond with the activities and costs shown in the proposal.

(b) Use sheets of paper at least 8.5 inches by 11 inches for chart preparation. List the itemized activities in a column at the left side of the chart. Place a time scale at the top of the chart, extending horizontally along the page. Draw vertical lines through the chart at intervals on the time scale corresponding to the schedule for partial payments. Draw horizontal bars on the chart for each category (labor, materials, and equipment) of each activity, properly aligned with the time scale to depict the beginning and completion date for each item.

(c) Submit an original and two (2) copies of the chart for review and approval by the Contracting Officer’s Technical Representative (COTR), within five (5) days after notice to proceed. After the chart is approved, do not alter it except by direction of the

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Contracting Officer. Update the chart monthly to reflect actual progress on each activity by shading in appropriate portions of the bars (for example, half of the bar for an item 50% complete). Mark the time scale to indicate the date to which the chart has been updated.

(i) Submit an updated bar chart when requested by the Contracting Officer and with each partial payment request.

(ii) Notify the Contracting Officer whenever there are significant departures from the progress schedule depicted on the chart. Submit any requests to modify the progress schedule, in writing to the Contracting Officer with an explanation for the deviation.

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Part 1, SECTION D

PACKAGING AND MARKING

D-1 PACKAGING AND MARKING

(a) All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the Indian Health Service. Preservation, packaging and packing shall conform to standard commercial practice for the applicable industry.

(b) Materials provided by the Contractor shall be new and, where appropriate, shall arrive on-site in original containers sealed by the manufacturer. The Government reserves the right to refuse any materials not deemed adequate.

(c) Materials damaged by equipment, water, or dirt are not acceptable.

(d) Materials shall be stored in a manner acceptable to the manufacturer. Storage requirements include protection from rain, etc. The Contractor shall provide adequate storage; the Government may provide storage if interference with Government operations will not occur. This will be coordinated with the COTR prior to mobilization. Manufacturer's requirements shall be strictly adhered to.

END OF SECTION

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Part1, SECTION E

INSPECTION AND ACCEPTANCE CONSTRUCTION

E-1 DAILY REPORTING REQUIREMENT

The Contractor shall prepare and file a "Contractor's Daily Report", for each day of contract performance under this contract. Failure to submit the daily reports timely may result in payment being withheld until such time as all daily reports are current. The Daily Report required form will be provided to the Contractor at the pre-construction conference and is the only form acceptable.

(a) The daily report shall be delivered not later than 10:00 AM via email to the Contracting Officer and the COTR or other designated individuals identified by the Contracting Officer.

(b) The original signed daily report shall be mailed to the Contracting Officer on a weekly basis for inclusion in the contract files. The daily report should cover all work etc. completed on the previous day.

(c) Each daily report shall include all prime Contractor and subcontractor personnel on the project site, all work performed, equipment used, tests performed, and all general activities for each day of work.

(d) Reports shall be chronologically numbered, dated and signed by the Contractor or his Project Manager. If no work was performed it must be noted on the daily report.

E-2 CONTRACTING OFFICER'S REPRESENTATIVES

Contracting Officer's Representatives (COR & COTR) may be appointed for the purpose of representing the Contracting Officer and assuring compliance with the contract requirements. The COR or COTR has NO AUTHORITY to make any changes to the contract or any contract documents.

(a) The COR or COTR may approve minor field changes which do not effect the period of performance or price of the contract with approval of the Contracting Officer.

A field change report form will be provided to the Contractor at the pre-construction conference.

(b) The COR or COTR are authorized to issue notices regarding noncompliance of contract requirements, and to stop work on any portion of the job if the Contractor's methods cause unsafe conditions or will result in noncompliance work which would be impracticable to correct or to replace while permitting other (conforming) portions of the work to continue. Issuing of a Notice of Noncompliance as described herein does not constitute a suspension of work as described in the clause FAR 52.242-14, Suspension of Work (Apr 1984).

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E-3 APPROVAL OF CONSTRUCTION MATERIALS

In accordance with the contract clause entitled "Material and Workmanship", FAR 52.236-5, unless otherwise specifically provided in this contract, all equipment, material, and articles incorporated in the work covered by this contract are to be new and of the most suitable grade for the purpose intended. Unless otherwise specifically provided in this contract, reference to any equipment, material, article, or patented process, by trade name, make or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition, and the Contractor may, at his option, use any equipment, material, article, or process which, in the judgment of the Contracting Officer, is equal to that named item.

(a) At the Pre-Construction conference, and before ordering or incorporating any materials, components, or equipment into the project work, the Contractor shall submit a completed Submittal Register that details items to be submitted for approval by the Contracting Officer. The Contractor shall complete the following items on the submittal Register:

(i) Contractor

(ii) Contract Number

(iii) Submittal Identification (Item Number

(iv) Specification Paragraph Number

(v) Description of Submittal

(vi) Type of Submittal

(vii) Contractor Schedule Dates

1. Submit

2. Approval Needed By

3. Material Needed By

(b) Submittal Register requirements are identified within the specifications and plans of this contract. In addition, the Contractor will furnish submittals for any deviation(s) from the specifications or plans. The Contractor shall provide 3 copies of completed Submittal Registers to the Contracting Officer for approval.

(c) Shop drawings, samples, guarantees, manufacturer data, certificates, test reports and other data as specifically indicated within this contract shall be supplied as required by the contract. Under no circumstances shall a scheduled submittal date proposed by the Contractor indicate a material submittal approval date beyond 30% of the total contract performance period. Further, no date shall be shown indicating materials being incorporated into the project after the original contract completion date, unless a formal contract modification has been executed that extends the contract performance period.

(d) Acceptance of submittal or final approval of submittals by the Contracting Officer shall not relieve the Contractor from responsibility for errors or omissions in required submittals. All equipment used in the performance of the work under the project shall be subject to the approval of the Contracting Officer. Any equipment, which causes delays in the performance of the work, shall be replaced with reliable equipment when so directed by the Contracting Officer in writing.

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(e) The Government shall, within twenty (20) business days after receipt, approve or reject, with pertinent comments and explanation any required Construction Material Submittals.

(f) In accordance with the contract clause entitled "MATERIAL AND WORKMANSHIP", if the Contractor uses or installs machinery, equipment, materials, or articles subject to approval under this clause without first obtaining such approval, he does so at the risk of subsequent rejection and replacement at his cost.

E-4 SUBSTANTIAL COMPLETION-FINAL INSPECTION

E4-1 SUBSTANTIAL COMPLETION

Substantial completion is the date established by the Contractor when the work is sufficiently complete, in accordance with the contract documents, ready for beneficial occupancy or the designated portion thereof, for the use for which it is intended.

(a) At Substantial Completion the Government will conduct an inspection for the development of punch list items in preparation for final inspection.

(b) The substantial completion inspection should be at least 15 days prior to the contractual completion date and the date of final inspection for the Contract. This period of time shall be included in the Contractor’s performance schedule as additional time to the performance period will not be granted. The Contractor is to notify the Contracting Officer at least 10 days in advance to schedule the substantial completion inspection.

(c) If at the time of the substantial completion inspection, the Government finds that the Contractor will not have the project complete at the time of final inspection, which is the contract completion date, the Contracting Officer will withhold 10% of any progress payment due the Contractor. These funds will be used to off-set any actual damages assessed against the Contractor. Remaining funds will be released at the time of final inspection, and upon completion of the contract.

E-4.2 FINAL INSPECTION

Final Inspection completion date is the date established in the contract documents when the project is to be fully complete and is ready to turn over to the Government.

This includes final clean up of the site, removal of all trailers, construction signs and debris removed, all punch list items picked up, Government’s manuals turned over, all as built drawings completed and turned over to the Government.

All punch list items and final clean up of the project site shall be totally complete on the day and at the time the final inspection is scheduled.

If the Contractor fails to have the project ready for final inspection, the Contracting Officer will assess actual damages for all costs incurred for any re-inspection necessary and any and all impact costs to the Government.

Final inspection and acceptance of the work will be by the Contracting Office or an authorized representative that will be appointed in writing.

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E-5 WARRANTY OF CONSTRUCTION REQUIREMENTS

The Contractor shall warrant all materials and workmanship under the contract in accordance with contract clause FAR 52.246-21, entitled “Warranty of Construction”.

In addition to any other warranties in this contract, the Contractor warrants, except as provided in this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier and is considered good industry standard.

This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(a) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of—

(i) The Contractor’s failure to conform to contract requirements; or any defect of equipment, material, workmanship, or design furnished.

(ii) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(b) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(c) With respect to all warranties,…