Solicitation_13-102-SOL-00009.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

13-102-SOL-00009

2. TYPE OF SOLICITATION

SEALED BID (IFB)

(RFQ)

3. DATE ISSUED

July 22, 2013

PAGE OF PAGES

1 of 34 + attachments

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

PO2FH612C6

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Indian Health Service - DES 2201 6th Ave Room 937 Seattle, WA 98121 same

9. FOR INFORMATION

CALL:

A. NAME

Monica Weaver

B. TELEPHONE NO.

(206) 614-3794 monica.weaver@ihs.gov

SOLICITATION

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

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

Indian Health Service – Division of Engineering Services Seattle is issuing this Request for Quotes for a construction contract for: Total Small Business Set Aside NAICS 238160

13-102-SOL-00009

Roof Replacement Building 116 (Fort Hall Indian Reservation)

Quotes are due August 20, 2013 2:00pm See. L.2 (quote submission instructions)

See L.1 for arranging site visit.

Construction range estimate is less than $25,000.

To be eligible for award under this contract, you must be registered in the System for Award Management

(SAM.gov) – https://www.sam.gov/portal/public/SAM/

Please provide the following information:

DUNS#_____________

Quoters must sign at bottom of attached Schedule of Items sheet. Formal award will require signature of quoter on the final contract SF-1442 then signed by the Contracting Officer to constitute acceptance by both parties.

11. The Contractor shall begin performance within 10 calendar days and complete it within 14 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See 52.211-10.)

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

(If “YES,” indicate within how many calendar days after award in Item 12B.)

NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Quotes per this solicitation to perform the work required are due at the place specified in Item 8 by 2:00 (hour) local time 8- 20-13 If this is a sealed bid solicitation, offers must 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.

B. An offer guarantee is, is not required.

C. All quotes are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference. Formal award will be made on form OF-347 or a similarSF-1442 to this co-signed by Contractor and Contracting Officer.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror) https://www.sam.gov/portal/public/SAM/

14. NAME AND ADDRESS OF Quoter (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government 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.

Block 17 not applicable to Quotes

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN Quote (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(1 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

See Block 7

Portland Area IHS

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated 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, certifications, and specifications or incorporated by reference in or attached to this contract. SIGNATURE ONLY FOR IF & WHEN AWARDED.

29. AWARD (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

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

SCHEDULE of ITEMS

Roof Replacement Building 116 Fort Hall, ID Request for Quotes

ITEM DESCRIPTION

Meth of Meas. Qty

UNIT

Price

TOTAL

Remove existing roof; replace drip edge, flashing, gutters; install metal roof in accordance with following Scope of

Work LS 1

Replace Roof Decking, if required (quantity estimated-actual quantity based on findings after removal of existing roof.)

SF

1,968 est.

Total Price→

Company__________________________________________

Quote Submitted by_________________________________Date______________

Phone & Email________________________________________________________

Contractor’s License No.________________________________________

Statement of Work

Fort Hall – Building 116 Roof Replacement

July 2013

Part I

THE SCHEDULE

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

GENERAL SPECIFICATIONS

I. Background

The Fort Hall Service Unit is located in Fort Hall, Idaho approximately 10 miles north of Pocatello, Idaho.

The Fort Hall Service Unit is owned and operated by the Indian Health Service. The Office of

Environmental Health and Engineering (Building 116) was constructed in the late 1960s and in located at the corner of Shoshone Drive and Putman Avenue in Fort Hall. The GPS coordinates of Building 116 are

43°1’39.19”N 112°25’51.06”W. The roof at Building 116 was reportedly last shingled in 1991. The shingles are dry and brittle and are missing or broken in some locations. The metal drip edge shows signs of wear, corrosion, and deterioration and the flashing is in poor condition.

II. Purpose

The purpose of the work is to remove the existing roof and replace with a new metal roof, metal drip edge, flashing, and gutters. The contractor is to furnish all labor, materials, equipment, supervision, travel, permits, and profit and overhead to complete the scope of work. The work shall include removal, disposal, and roofing installation in order to complete the scope of work.

III. Description of Work

a) Summary

1. The Contractor shall remove and properly dispose of the asphalt shingles, underlayment, metal drip edge, flashing, gutters, and downspouts.

2. The Contractor shall verify the condition of the decking is acceptable for product installation in accordance with manufacturer’s instruction. Unless the decking is found to be unacceptable for product installation, it shall remain. In the case portions of the decking needs replacement, the

Contractor shall notify the COR prior to completing any work.

3. The Contractor shall install new metal drip edge around the entire perimeter, flashing, underlayment, metal roof, gutters, and downspouts.

b) Specific Conditions

1. Building 116 is 64 feet long and 24 feet wide with eave overhang of two (2) feet and gable overhang of 16 inches. The roof pitch is 4/12, has six penetrations, one sheet metal vent, one layer of asphalt shingles, and gutters running the length of the roof on both sides of the building.

The Contractor is to verify actual field measurements and openings before fabrication.

2. The existing asphalt shingles, felt underlayment, perimeter metal, flashing, gutters, and downspouts shall be removed and disposed of properly. All debris resulting from the scope of work, including nails and screws, shall be removed from the premises.

3. The metal drip edge and flashing shall be 26 gauge galvanized steel complying with ASTM

A653, G90/Z275 of color chosen by the owner from the manufacturer’s standard colors. The metal drip edge should be installed along the entire perimeter of Building 116 including the rake edge. Flashing shall be installed at each roof penetration with butyl adhesive strip on edges in accordance with the manufacturer’s recommendations.

4. An ice and water shield shall be placed over the plywood decking within 6 feet of the eaves, rake, and ridge and around all roof penetrations. The remainder of the roof shall be covered in

#30 felt. The ice and water shield and felt must be approved for use by the manufacturer of the metal roof system and installed according to the manufacturer’s recommendations.

5. The metal roof shall be 26 gauge standing seam steel with ridge cap of color to be chosen by the owner from the manufacturer’s standard colors and installed according to the manufacturer’s instruction manual, recommendations, and shop drawings. The metal roof shall be tested in accordance with UL 580 and meet UL Class 90 wind uplift test requirements. No exposed fastener roofing system will be allowed.

o The metal roofing system shall be without waves, warps, buckling, fastener stress, or distortion.

o The metal roof shall allow for expansion and contraction.

o The metal roof panels shall be aligned, plumb, and straight with parallel seams.

o All joints shall be sealed with appropriate sealant in accordance with the manufacturer’s recommendations.

o Concealed fasteners shall be provided in all sidelap joints and in other locations where possible.

o The Contractor shall remove manufacturer’s protective film, if any, from surface of roofing panels.

o Provide metal closures at peaks, rake walls, and each side of ridge and hip caps.

6. Snow guards or snow rails shall be installed over the front entrance and shall extend at least six feet on either side of the door. The snow guards or snow rails shall be designed for use with standing seam metal roofing products and be the same or complementary finish and color as the metal roofing panels.

7. The gutter shall be made of 0.032 inches thick, seamless aluminum. No other thicknesses will be accepted. The gutters shall be 5” wide and have 2” x 3” downspouts of color chosen by the owner from the manufacturer’s standard colors. There shall be downspouts at each corner of the building and shall extend four feet from the building except for the southeast corner.

8. Required submittals:

o Schedule o Safety plan o Technical information, color samples (as applicable), specification sheets, installation instructions, and warranties

Perimeter metal

Flashing

Ice and water shield

Felt

Metal roof

Snow guards/snow rails

Gutters and downspouts o Warranty documents

9. The contractor shall complete all work within 14 calendar days of the Notice to Proceed.

c) General Conditions

1. The Contractor should examine areas and conditions under which work is to be performed. Pre-offer site visits must be coordinated with the Facility Manager with a minimum three (3) days advance notice. The Facility Manager, Mr. Jeremy Friday, may be contacted at phone number

(208) 238-5414. See FAR 52.236-27 Site Visit (Construction) (Feb 1995).

2. A pre-construction meeting will be held after award at the Fort Hall Service Unit and will be required for the Contractor, COR, and Contracting Officer to attend. The COR and/or the

Contracting Officer may attend via conference call. See FAR 52.236-26 Preconstruction

Conference (Feb 1995).

3. Storage of equipment and materials at the worksite shall be coordinated with the COR. All the work and materials shall be properly protected at all times. The Contractor shall be responsible for any repair or damage to the building, grounds, government property, and surrounding areas and restore to previous condition at no additional cost to the owner if damage occurs during the accomplishment of the work. See FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) and 52.236-10 Operations and Storage

Areas (Apr 1984).

4. The building will be occupied and operational during the construction. Therefore, the Contractor shall take necessary means to limit dust and noise for the duration of the work. Contractor must exercise proper care to reduce the impact on facility operation.

5. The Contractor shall restore all areas disturbed to a condition at least equal to that existing prior to construction. See FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984).

6. The Contractor shall remove all equipment, debris, rubbish, and other materials resulting from the work at job completion and deposit the debris at an approved landfill or disposal site. See

FAR 52.236-12 Cleaning Up (Apr 1984).

7. The Contractor shall ensure all works are performed in accordance with applicable uniform codes, Fire and Life safety codes, OSHA regulations, and adheres to the general provisions of the contract documents. See FAR 52.236-7 Permits and Responsibilities (Nov 1991).

8. The Contractor will be required to follow all Tribal permit and Tribal Employments Rights

Office (TERO) requirements. The Business License Department can be reached at (208) 238-

0680, the Land Use Department can be reached at (208) 478-3896, and the TERO department can be reached at (208) 478-3848 and http://www.shoshonebannocktribes.com/tero/PDF/2008%20TERO%20Ordinance.pdf.

9. The Contractor shall not obstruct access to the site and shall maintain the work site in good order, free of construction debris at end of each workday. The Contractor shall perform work at all times in a manner to ensure minimal obstruction to traffic and minimal inconvenience to the public.

10. Normal work days and hours of the building are: Monday through Friday, 7:30 am to 5:00 pm.

The Contractor shall coordinate with the Facility Manager at least 24 hours in advance of work.

http://www.shoshonebannocktribes.com/tero/PDF/2008%20TERO%20Ordinance.pdf

The Contractor shall coordinate a minimum of 48 hours in advance to obtain written approval from the Contracting Officer’s Representative of any required after-hour and weekend work.

11. The Contractor’s personnel shall check-in and check-out with the clinic’s facility department staff when present at the project site each day.

12. FAR 36.204 Disclosure of the magnitude of construction projects: Price range is under

$25,000

Notification and Inspection:

1. The Contractor shall keep the COR notified and advised on all work to be done or work in progress sufficiently in advance so that proper inspection can be performed.

2. The final inspection of the work shall be a joint effort between the Contractor and IHS. Any deficiencies found during the inspection shall be corrected within ten (10) days of finding.

3. The Contractor shall inform the COR at least ten (10) calendar days prior to the requested date of final inspection. The Contractor may be charged with additional cost of re-inspection if the work is not ready at the time specified in the contract.

4. The Contractor must provide a final inspection and warranty statement by a technical representative of the roofing manufacturer.

Special Considerations:

a) Contractors must show proof of operating under the same business license and company name for at least five consecutive years and shall have successfully completed at least three similar projects in both dollar amount and scope of work.

b) The Contractor shall incorporate all factors or costs in preparation of bid to complete work. Failure of the Contractor to include all costs in preparation of bid will not be basis for additional costs or delays.

c) Warranties:

1. The Contractor shall provide a one-year warranty on the workmanship.

2. The base metal shall be covered against rupture, structural failure, and perforations due to normal atmospheric corrosion exposure for a period of at least 25 years.

3. The metal finish shall be covered against cracking, checking, blistering, peeling, flaking, chipping, chalking, and fading for a period of at least 25 years.

4. The metal roof system shall be covered for weather tightness performance for a period of at least 20 years.

SECTION D – PACKAGING AND MARKING

No clauses this section

SECTION E – INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition

Regulations - https://www.acquisition.gov/far

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1. 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(s):

www.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F.2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work within 14 days of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises. Notice to Proceed shall be issued after pre-construction meeting. Performance time will include submittals and approvals. Government turnaround time on submittals will be no more than 3 work days after receipt of submittal.

https://www.acquisition.gov/far http://www.acquisition.gov/far/

SECTION G—CONTRACT ADMINISTRATION DATA

G.1 GOVERNMENT PROJECT OFFICER (COR)

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 COR 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 COR 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. 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 will be identified after award. 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 COR in the field does not constitute delivery to the billing office.

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

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

(e) The final payment request will be rejected and returned to the contractor if all items required under the contract have not been completed, submitted, approved, and accepted prior to the receipt of the request;

e.g., deficient work items, as-built, payrolls, reports, O&M manuals, delivery of extra stock material, etc.

SECTION H–SPECIAL CONTRACT REQUIREMENTS

H.1 TERO (Tribal Employments Rights Ordinance)

The Contractor will be required to follow all Tribal permit and Tribal Employments Rights Office (TERO) requirements. The Business License Department can be reached at (208) 238-0680, the Land Use

Department can be reached at (208) 478-3896, and the TERO department can be reached at (208) 478-3848 and http://www.shoshonebannocktribes.com/tero/PDF/2008%20TERO%20Ordinance.pdf

H-2 SUBCONTRACTS

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

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

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

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

H-3 SUBCONTRACTING

(a) In connection with the performance of work under this contract, the contractor shall not subcontract with any subcontractor who, at the time of subcontract award, is listed on the current GSA's Lists of Parties

Excluded from Procurement and Non-procurement Programs, unless otherwise authorized by the

Government in accordance with Subpart 9.4 of the Federal Acquisition Regulations.

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

http://www.shoshonebannocktribes.com/tero/PDF/2008%20TERO%20Ordinance.pdf http://epls.arnet.gov/

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

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

H-4 COORDINATION OF TRADES

The drawings are in part diagrammatic and show the general arrangement of ducts, piping, conduits, etc., of mechanical and electrical work. The contractor shall have a competent and registered engineer to coordinate all fieldwork 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, electric outlets, inserts, piping, shafts, conduits, hangers, ducts, and similar installations.

H-5 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-6 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."

H-7 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."

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

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

H-8 INSURANCE

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

1. Workers' Compensation and Employer's Liability: Contractors are required to comply with applicable

Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least

$100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

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

3. Automobile Liability: Automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the

United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H-9 PROJECT OFFICER

For the purpose of this contract, the term Project Officer as defined in HHSAR 352.202-1 is synonymous with the term Project Manager, and COR (contracting officer’s representative).

H-10 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-11 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-12 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-13 EXISTING WORK

(a) Existing work shall be cut, drilled, altered, removed or temporarily removed and 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-14 SITE OWNERSHIP

Bidders are notified that this project will be performed on the Fort Hall Indian Reservation the resulting construction project is owned by Indian Health Service.

H-15 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 later than thirty

(30) days.

(e) Should a proposal cost exceed $650,000 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).

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-16 ORDER OF PRECEDENCE - REQUIREMENTS, SPECIFICATIONS, DRAWINGS

Resolve any inconsistencies in the Specifications of this solicitation and any resultant contract by giving precedence in the following order:

(a) Section H - Special Contract Requirements

(b) General Provisions A-D

(d) Drawings

1. Drawings, figured dimensions over scaled dimensions

2. Drawings, large scale contract drawings over small scale contract drawings

3. Schedules on contract drawings over any conflicting notations on contract drawings.

4. Shop Drawings - (The term "Shop Drawings", includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the Contractor to explain in detail specific portions of the work required by the contract.)

SECTION I--CONTRACT CLAUSES

I.1 52.252-2 Clauses Incorporated By Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/ http://www.hhs.gov/policies/hhsar/

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

Number Title Date

52.211-18 Variation in Estimated Quantity Apr 1984

52.215-8 Order Of Precedence Oct 1997

52.219-6 Notice of Total Small Business Set-Aside Nov 2011

52.219-28 Post-Award Small Business Program Representation Apr 2012

52.222-3 Convict Labor Jun 2003

52.222-6 Davis-Bacon Act Jul 2005

52.222-7 Withholding Of Funds Feb 1988

52.222-8 Payrolls And Basic Records Jun 2010

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

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 Mar 2007

52.222-27 Affirmative Action Compliance Requirements For Construction Feb 1999

52.222-36 Affirmative Action For Workers With Disabilities >$15K Oct 2010

52.222-37 Employment Reports On Veterans Sep 2010

52.222.40 Notification Of Employee Rights Under The National Labor

Relations Act

Dec 2010

52.222-50 Combating Trafficking In Persons Feb 2009

52.223-5 Pollution Prevention And Right-To-Know Information, Alt 1 May 2011

52.223-6 Drug-Free Workplace May 2001

52.223-18 Contractor Policy To Ban Text Messaging While Driving Aug 2011

52.225-13 Restrictions On Certain Foreign Purchases Jun 2008

52.227-4 Patent Indemnity--Construction Contracts Dec 2007

52.229-3 Federal, State, And Local Taxes Feb 2013

52.232-5 Payments Under Fixed-Price Construction Contracts Sep 2002

52.232-17 Interest Oct 2010

52.232-23 Assignment Of Claims Jan 1986 https://www.acquisition.gov/far/

52.232-27 Prompt Payment For Construction Contracts Oct 2008

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

52.236-2 Differing Site Conditions 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

52.236-11 Use And Possession Prior To Completion Apr 1984

52.236-12 Cleaning Up Apr 1984

52.236-14 Availability And Use Of Utility Services & See Specs Section 01500

Temporary Facilities & Controls Apr 1984

52.236-21 Specifications And Drawings For Construction Alt I Feb 1997

52.236-26 Preconstruction Conference Feb 1995

52.243-5 Changes Apr 1984

52.244-6 Subcontracts For Commercial Items Dec 2010

52.249-1 Termination For Convenience Of The Government (Fixed Price)

Short form) Apr 1984

52.249-10 Default (Fixed-Price Construction) Apr 1984

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

Number Title Date

352.202-1 Definitions Jan 2006

352.201-70 Paperwork Reduction Act Jan 2006

352.223-70 Safety and Health Jan 2006

352.227-70 Publications And Publicity Jan 2006

352.231-71 Pricing Of Adjustments Jan 2001

352.242-71 Tobacco-free facilities Jan 2006

I.2 Option for Increased Quantity – Separately Priced Line Item (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within two (2) weeks after award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

I.3 FAR 52.225-9 Buy American Act-Construction Materials (SEP 2010)

(a) Definitions. As used in this clause—

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 ( 46 U.S.C. App.

1702), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the

Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if— https://www.acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American

Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

[NONE]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is…