Sol_13-161-SOL_00009_HopiSidewalk.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

13-161-SOL-00009

2. TYPE OF SOLICITATION

SEALED BID (IFB)

(RFP)

3. DATE ISSUED

April 25, PAGE OF PAGES

39 + 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.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Indian Health Service – DES 1301 Young Street – Suite 1071 Dallas, TX 75202-55433

Same as Block 7

9. FOR INFORMATION

CALL:

A. NAME

Bonnie Hicks

B. TELEPHONE NO.

214-767-8587 - bonnie.hicks@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 Dallas is issuing this Invitation For Bids (IFB) construction contract.

13-161-SOL-00009

HOPI SIDEWALK IMPROVEMENTS

52.219-6 – Notice of TOTAL SMALL BUSINESS SET ASIDE – NAICS 238990 $14million size class.

See L.2 for arranging site visit (no formal site visit meeting planned)

36.204 - Construction ranger estimate is: between $250,000 and $500,000 Offerors seeking clarification of solicitation provisions, contract clauses, project specifications and/or drawings must submit a written request for clarification to the Contracting Officer by email to bonnie.hicks@ihs.gov

Bids are due at 1:00 pm before the bid opening at 2:00pm local time on May 29th, 2013 or if changed by amendment to this solicitation. See L.3 Preparation and Submission/Delivery of Bid.

11. The Contractor shall begin performance within 10 calendar days and complete it within 180 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See F.2 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.)

YES

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Offers per this solicitation to perform the work required are due at the place specified in Block 8 by 1:00pm local time 5-29- 13 with bid opening at 2:00pm local time. SEE L.3 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. Required – see L.5

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

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) mailto:bonnie.hicks@ihs.gov

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

DUNS #

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 60 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.

18. The Offeror 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

(4 copies unless otherwise specified)

ITEM

TBA

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

Block 7 TBA

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)

13-161-SOL-00009

Hopi Sidewalk Improvements

B. 1 SCHEDULE of ITEMS

Hopi Sidewalk Improvements

IFB

13-161-SOL-00009

ITEM DESCRIPTION

Meth of Meas. Qty

UNIT

Price

TOTAL

1 Site Improvements Demolition Job 1

2 Grading and Storm Drain Job 1

3 Mezzanine Job 1

4 Staking and As-builts Job 1

Dialysis Entrance Sidewalk Demolition & Installation Job 1

Employee Entrance Sidewalk Demolition & Installation Job 1

Total →

Company__________________________________________

Submitted by_________________________________Date______________

PART I

THE SCHEDULE

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

GENERAL SPECIFICATIONS

A. Project Description-

The work covered by these specifications will be performed at the Hopi Health Care Center (HHCC) on the Hopi Indian Reservation in Arizona. The Hopi Health Care Center is located at HWY 264, MM 338, Polacca, AZ 86042.

The Hopi Health Care Center requires grading and installation of new storm drain to correct issues related to poor storm water drainage; demolition and replacement of a large area of sidewalk that has heaved and settled since construction in 1999; construction of one new 21ft. x 30 ft. trailer pad; installation of one 24ft. x 6ft.

generator access platform.

All work shall be closely coordinated with the Facility Manager to avoid interrupting access to the facility.

Sidewalk demolition and construction work will be accomplished in a minimum of 3 stages.

• Stage I (Priority IV) will consist of Employee Entrance and additional sidewalk placement adjacent to Employee parking entrance and Heliport area construction

• Stages II & III (Priority III) will consist of Demolition and Construction of Dialysis Entrance walk.

o Dialysis entrance demolition and construction will need to be performed in a manner that will allow for constant patient access to the most convenient entrance. The specific phasing of this work will be determined during pre- construction.

• Protection and separation of the patients and staff entering will be of upmost importance.

Plywood isolation 6’ minimum wall will be constructed the length of the walk from entrance door access to the patient drop off zone.

• Clinic Entrance doors and windows will be protected from damage due to demolition and construction debris.

C. Description of Work

a. Phase 1 – Demolition

i. Storm Drain

1. Contractor will demo existing 12” Storm drain, backfill and compact trench per

Geotechnical Report and Construction Design Plans and described in quality control section of this scope.

2. Contractor will demo existing headwalls and connect new 24” Mega Green pipe to existing 24” PVC Storm drain pipe per Construction Design Plans.

3. Contractor will saw cut and demo existing 30’ of curb and gutter per

Construction Design Plans.

4. Contractor is responsible to remove all project-related waste materials and construction debris, which must be disposed of off the reservation at an EPA-approved landfill. Under no circumstance will the Contractor be allowed to use open dumps.

ii. Sidewalk Replacement

1. Provide pedestrian and vehicular traffic control as required.

2. Demolish and haul away existing 4” to 5” thick sidewalk and the Ramada column collars that shall be identified as tripping hazards.

3. Excavate to an adequate depth to place aggregate base course to a leveled depth of 4”.

b. Phase 2: Construction

All concrete shall be air entrained ASTM Type I Portland cement concrete, installed with a water-cement ratio of 0.42 to 0.47. Aggregate shall be maximum 3/8 inch. Curing compounds shall not be used. Reinforce concrete as show on design plans or listed in this scope. Joint spacing on sidewalk shall match spacing near main entrance.

i. Storm Drain

a. Provide pedestrian and vehicular traffic control in accordance with the Manual on Uniform Traffic Control.

b. Contractor will backfill and compact existing drainage swales, per

Geotechnical Report and Construction Design Plans and described in quality control section of this scope.

c. Contractor will install all 12” and 24” ADS N-12 Mega Green WT IB Storm drain pipe or equivalent per Construction Plan Design.

d. Contractor will install 5-30” Nyoplast ADS Drain basins or approved equivalent per Construction Design Plans.

e. Contractor will install 4-12” ADS inline drains or approved equivalent per

Construction Design Plans.

f. Contractor will re-align downspouts on north wall of warehouse. MH #7, MH #8, and associated drain line will be field located by IHS project manager prior to pre-construction meeting and as shown in exhibit on page 8 of this scope of work.

g. Contractor will reconstruct existing drainage swale after installing storm drain and match existing conditions per Construction Design Plans.

h. Contractor must realign existing utilities (fire protection and electric lines) if in conflict with new storm drain installation per Construction Design Plans.

i. Contractor will install Rip-Rap D50-6” per Construction Plan Design.

j. Contractor will install 12’-18’ wide AC Forklift driving path on 95% compacted subgrade, per Geotechnical Report and Construction Design Plans and described in quality control section of this scope.

k. Compact existing sub-base material to 95%, verified by Contractor- hired third-party proctor conforming to ASTM and density testing conforming to

ASTM D6938.

l. Contractor will install 6’ wide concrete (4”PCC/4”ABC) walking/cart and dolly path, per Construction Design Plans.

m. Contractor will install new curb and gutter design and quantities per Construction Design Plans.

ii. Sidewalk Replacement

a. General –

i. Provide pedestrian and vehicular traffic control in accordance with the Manual on Uniform Traffic Control.

ii. Compact existing sub-base material to 95%, verified by Contractor-hired third-party proctor conforming to ASTM D698 and density testing conforming to ASTM D1557 or ASTM D6938.

iii. Import, place, and compact aggregate base course compacted to 95%;

provide Contractor-hired third-party proctor conforming to ASTM D698 and density testing in accordance with ASTM D1557 or ASTM D2922.

iv. Form, pour, and finish 4” thick sidewalk with 3000 psi concrete conforming to ASTM C150. Concrete reinforcement will be Forta Ferro 100% virgin copolymer/polypropylene alkali-resistant synthetic fiber conforming to ASTM C1116.

v. Contractor will provide saw cut relief joints in concrete. Saw cut depth will be one-quarter to one-third the thickness of the slab.

vi. Where new sidewalk meets existing, sidewalk will be doweled with load transfer-slip dowel devises to prevent differential settlement.

vii. Where new concrete meets existing surfaces such as Clinic foundation walls and Ramada columns, the contractor shall Install cold-applied, two-component elastomeric expansion joint filler material that conforms to FS

SS-S-200.

b. Phase specific –

i. Employee entrance and Heliport access –

1. Form, pour and finish sidewalk as detailed. Sidewalk width along employee entrance shall be 6’

2. Form, pour and finish 5’ width sidewalk from emergency garage to heliport as detailed.

ii. Dialysis Entrance

1. Form, pour and finish as detailed.

2. Approximately 24 LF of 6” vertical curb will be removed and replaced with ribbon curb and 5’ transition to nearest existing expansion joint. Remove existing Bollard’s and replace with 6 new Lighted Bullard’s (BYO-PE-8632 Recreation Lighted Concrete Bollard-54” Light Brown Perma Stone) or equal.

Installation of wiring to accommodate 6 Bollards. Tie in to existing 277 volt bollard circuit with minimum 12AWG wire.

3. Contractor will not provide new Ramada column collars.

Collars will be removed to sub-grade elevation to allow for new concrete placement.

4. Contractor will furnish new picnic style table for Dialysis

Entrance waiting area. Table style will be approved by IHS PM and Facility Manager prior to Installation. Belson 46” Thermoplastic Coated Round Picnic Table color brown Model CA46R-I or approved equivalent. Table will be secured in place to prevent relocation. Existing bench will be relocated to opposite side or entrance walk from its present location.

5. Purchase and install Sun Shade for new table.

Coordinate with PM or Facility Manager.

a. Shade Systems Inc 10ft x 10ft Offset, Single Post, Coffee Brown post Desert Sand shade or approved substitute.

iii. Trailer Pad

1. Contractor will Install 21’ x 30’ Trailer pad

(5”PCC/4”ABC)

2. Form, pour, and finish new 5” thick pad with 3000 psi concrete conforming to ASTM C150 with wire-welded re-enforcement conforming to ASTM A497. Verify pad location before construction.

iv. Generator Access Platform

Contractor will install 24’ x 6’ Generator Access Platform per Construction Design Plans.

D. Quality Control, Sampling and Testing –

a. Concrete

i. Slump testing shall be performed a minimum of once to every truck load and upon request of the project manager. Slump test shall satisfactorily meet requirements geotechnical report.

ii. Sampling shall be collected each day or every 40 cubic yards if more than 40 cubic yards is poured in a single day.

iii. Sampling shall be in accordance with ASTM C172 and ASTM C31

iv. Each sample shall include five cylinders to be tested in accordance with ASTM

C39. Test one cylinder at 7 days, two cylinders at 14 days, and two cylinders at 28 days. If the average of the 28-day strength test results is less than 3000 psi, then the concrete shall be considered rejected. Remove concrete not meeting strength criteria and provide acceptable concrete.

b. Backfill and compaction

i. Utilization of fill materials shall comply with soils report

ii. Density testing shall be performed on all compacted soils at the following rates

1. Sidewalk subgrade – One test every 20 linear feet

2. Backfilled drainage swales – One test every 100 square feet, measured as close as possible to 10 foot by 10 foot squares.

E. Safety –

Contractor will ensure that regulations under OSHA standards 29 CFR Part 1926 are followed.

F. Progress reporting –

A construction progress report will be updated on a daily basis by the contractor’s site supervisor.

Construction progress reports will summarize work accomplished, weather conditions, crew and equipment on site, along with any significant issues or problems encountered and the method of their resolution. Construction progress reports will be scanned and emailed to the IHS project manager on a weekly basis, delivered by the close of business of the first working day of the following week.

G. Survey -

Contractor will provide survey for Design staking. On completion of construction contractor will provide as-built survey and provide to OEHE office updated as-built plan sets. Legible, hand marked construction drawings are acceptable. Legibility will be determined by project manager.

H. Submittals –

Electronic submittals in the form of PDF files are acceptable. One electronic copy sent via email to project manager will be acceptable and contractor shall allow in schedule one week for review of electronic submittals. If hard copies are to be submitted, contractor will provide four copies to project manager and allow in schedule two weeks for review.

To be approved by IHS Project Manager prior to a Notice to Proceed being issued.

i. Pedestrian and vehicular traffic plan

ii. Testing Agency with appropriate ASTM training certifications iii.

Concrete mix design

iv. Concrete Synthetic fiber reinforcement

v. Asphalt mix design

vi. Phased work plan

To be approved by IHS Project Manager prior to pouring and forming concrete at dialysis entrance

i. Electrical connection plan for lighted bollards

I. Deliverables – to be approved prior to Final Payment being authorized

i. Compaction test results

ii. Concrete cylinder strength test results

iii. As-Built drawings to include wiring of bollards

iv. All owners manuals, product documentation, and warranty information

J. Closeout –

Progress payment shall be made up to 90% of contract. Final 10% payment shall be made upon IHS Project Manager written approval of completion of punch list and receipt of all deliverable items.

K. Miscellaneous –

a. Contractor will be responsible for all takeoff quantities for bidding purposes. All quantities on plan set are estimates only and are not to be used for bidding purposes.

b. The Contractor is responsible to remove all project-related waste materials and construction debris, which must be disposed of off the Reservation at an EPA approved landfill. Under no circumstances will the Contractor be allowed to use open dumps.

c. All correspondence shall contain the following information

a. Date

b. Contract Number, Delivery Order Number, and Service Unit Name/Location.

c. Name of those who were sent copies.

L. TERO Requirements – See H.1

See Section J –

The attached drawings, soils report and downpour exhibit are hereby made a part of this solicitation and any resultant contract.

SECTION D--PACKAGING AND MARKING

The Government singularly identifies each project with a contract number at time of Award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 52.246-12 Inspection of Construction (AUG 1996)

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

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

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

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

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

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

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

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

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

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

SECTION F--DELIVERIES OR PERFORMANCE

F.1. 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 180 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 receipt of approved Performance and Payment bonds.

Performance time will include submittals and approvals.

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

PART I—THE SCHEDULE

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) Requests are to be submitted with an original signature and one copy to the Designated 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 is responsible to pay all applicable Local, Tribal, State, and Federal taxes that may be incurred as a result of this project.

Contractor is to coordinate work with the Hopi Tribal Employment Rights Office (TERO) -

Mr. Eric Tewa, Chief Revenue Officer

Office of Revenue Commission P.O. Box 123 Kykotsmovi, AZ 86039 Phone: (928) 734-3174 E-mail: etewa@hopi.nsn.us

The Tribal Organization within the area of this contract may levy taxes against certain portions or all of this contract. It is the duty of the Contractor to contact the Tribal Tax Office to determine the appropriate taxes, duties or fees which must be included in the proposed price.

Failure on the part of the Contractor not to include these taxes or the appropriate amount of tax will not constitute a request for an equitable adjustment to the contract price. If during the term of this contract, the tax rate changes it is the responsibility of the Contractor to notify then Contracting Officer of the nature of the change immediately.

It is the offerors responsibility to contact the tribal employment office to determine if the tribe has set forth any wage rates that are higher than the Davis Bacon wage rate. If there is a discrepancy between the Davis Bacon wages rate and the TERO wage rates, immediately contact the Contracting Officer

H.2 WAGE DETERMINATION

U.S. Department of Labor Wage determinations applicable to this contract are incorporated herein. (See Section J.)

If any laborer or mechanic is to be employed in a classification that is not listed in the wage determination applicable to the contract, the contractor shall submit to the Contracting Officer a Standard Form (SF) 1444 Request for Authorization of Additional Classification and Rate, along with other pertinent data.

H-3 INSURANCE

FAR 52.228-5, Insurance Work on a Government Installation per reference in Section I, 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-4 SANITARY CONVENIENCES

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

H-5 TRUCKING

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

(b) At all points, where trucks leave the project site and enter adjacent paved streets, the contractor shall maintain an installation and crew to prevent any mud from being carried onto such adjacent paved streets.

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

H-6 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.7 RESERVATION REGULATIONS

(a) The Contractor, his employees, and subcontractors shall become familiar with and obey the regulations of the reservation including fire, traffic, safety and security regulations while on the Indian Reservation or installation.

Those driving motor vehicles shall observe and obey all speed limits posted throughout the reservation. Personnel should not enter restricted areas unless required to do so and only upon prior approval. All contractor employees and subcontractors shall carry proper personal identification with them at all times.

(b) Contractor’s equipment shall be conspicuously marked for identification and parked or placed within approved areas only, out of the way of driveways, emergency access roads, and traffic.

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 52.204-7 Central Contractor Registration (In full in Section K) Dec 2012 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 52.204-10 Reporting Executive Compensation And First-Tier Subcontract

Awards Aug 2012

52.204-13 Central Contractor Registration Maintenance Dec 2012

52.209-6 Protecting The Government's Interest When Subcontracting With Contractors Debarred, Suspended, Or Proposed For Debarment (Applicable to contracts over $30K only)

Dec 2010

52.211-13 Time Extensions September 2000

52.214-29 Order Of Precedence – Sealed Bidding Jan 1986

52.211-18 Variation in Estimated Quantity Apr 1984

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

52.219-14 Limitations on Subcontracting Nov 2011

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

52.222-3 Convict Labor Jun 2003

52.222-4 Contract Work Hours and Safety Standards Act-Overtime Jul 2005

52.222-6 Davis-Bacon Act Jul 2005

52.222-7 Withholding Of Funds Feb 1988

52.222-8 Payrolls And Basic Records 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

52.222-35 Equal Opportunity for Veterans Sep 2010

52.222-36 Affirmative Action For Workers With Disabilities Oct 2010 https://www.acquisition.gov/far/

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 Sep 2010

52.225-13 Restrictions On Certain Foreign Purchases Jun 2008

52.227-1 Authorization And Consent Dec 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement Dec 2007

52.227-4 Patent Indemnity--Construction Contracts Dec 2007

52.228-2 Additional Bond Security (Applicable if contract exceeds $30K) Oct 1997

52.228-5 Insurance – Work on Government Installation Jan 1997

52.228-11 Pledge Of Assets Jan 2012

52.228-12 Prospective Subcontractor Requests For Bonds Oct 1995

52.228-14 Irrevocable Letter Of Credit Dec 1999

52.228-15 Performance and Payment Bonds – Construction Oct 2010

52.229-3 Federal, State, And Local Taxes Apr 2003

52.232-5 Payments Under Fixed-Price Construction Contracts see I.5 Sep 2002

52.232-17 Interest Oct 2010

52.232-23 Assignment Of Claims Jan 1986

52.232-27 Prompt Payment For Construction Contracts see I.5 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

52.236-13 Accident Prevention Nov 1991

52.236-15 52.236-15 Schedules for Construction Contracts. Apr 1984

52.236-17 Layout of Work Apr 1984

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

52.236-26 Preconstruction Conference Feb 1995

52.242-13 Bankruptcy Jul 1995

52.243-4 Changes June 2007

52.244-6 Subcontracts For Commercial Items Dec 2010

52.246-21 Warranty of Construction Mar 1994

52.248-3 Value Engineering – Construction alt I Oct 2010

52.249-2 Termination for Convenience of the Government Fixed Price Alt1 Apr 2012

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

52.253-1 Computer Generated Forms Jan 1991

HEALTH AND HUMAN SERVICES ACQUISITION REGULATION CLAUSES by reference

Number Title Date

352.202-01 Definitions Jan 2006

352.201-70 Paperwork Reduction Act Jan 2006

352.203-70 Anti-lobbying Jan 2006

352.222-70 Contractor Cooperation in Equal Employment Opp. Investigations Jan 2010

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

352.242-72 Native American Graves Protection and Repatriation Act. Jan 2006

352.270-02 Indian Preference Apr 1984

352.270-03 Indian Preference Program Jan 2006

I.2 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— http://www.hhs.gov/policies/hhsar/ https://www.acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/

(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—

(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 unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/Subpart%2012_5.html#wp1077123

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the

Contractor could not reasonably foresee the need for such determination and could not have requested the…