MACC_13_161_SOL_00015_3_May__2013_SFC_FINAL_Draft_with_dates_and_times.pdf

Solicitation Number: 13-161-SOL-00015 Multiple Award Construction Contract – (SFC) Albuquerque

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

DALLAS

Solicitation 13-161-SOL-00015

MULTIPLE AWARD CONSTRUCTION CONTRACT

TO SUPPORT

SANITATION FACILITIES CONSTRUCTION

REQUIREMENTS FOR THE

ALBUQUERQUE AREA

TABLE OF CONTENTS

STANDARD FORM 1442

STANDARD FORM 1442

SERVICES AND PRICE/COST

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE (CONSTRUCTION)

DELIVERIES AND PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

CONTRACT CLAUSES (CONSTRUCTION)

LIST OF DOCUMENTS, EXHIBITS & OTHER ATTACHMENTS

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

ATTACHMENT 1: REQUEST FOR PROPOSAL – SEED PROJECT

ATTACHMENT 2: PAST PERFORMANCE EVALUATION QUESTIONNAIRE (PPQ) 49

ATTACHMENT 3: PPQ LOG DISTRIBUTION LIST

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

Division of Eng. Services Dallas

1301 Young Street

Suite# 1071 Dallas TX 75202-5433

IHS Division of Engineering Services

1301 Young Street Suite 1071 Dallas, Texas 75202

SHARON DEHNERT 214-767-8589

1x 05/03/2013

13-161-SOL-00015

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

Construction Indefinite Delivery, Indefinite Quantity (IDIQ) Multiple Award

Construction Contracts (MACC) is anticipated as a result of this Solicitation to provide a full range of sanitation facilities construction (SFC) services to the

Albuquerque Area of the Indian Health Service (IHS) to be accessed by the issuance of Task Orders.

SEED PROJECT

Attached to this Solicitation is a Seed Project Scope of Work (SOW). The Seed

Project will become the first task order issued under this MACC. This Seed Project

SOW contains all the information necessary to complete a proposal for the work stipulated. The Seed Project is a valid Indian Health Service requirement and the

Government will award the Seed Project concurrent with the award of the MACCs as part of the award process for the MACCs. The price for the proposed Seed Project shall be utilized for purposes of price analysis for award of the MACC (see Sections

L and M).

Price: $__________________________

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

15 120 calendar days and complete it within ________________ ________________ calendar days after receiving

06/21/2013

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

Division of Eng. Services Dallas 1301 Young Street

Suite# 1071 Dallas TX 75202-5433

SHARON L. DEHNERT

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

PART I, SECTION B

SERVICES AND PRICE/COST

B – 1. SERVICES

The award of Indefinite Delivery, Indefinite Quantity (IDIQ) Multiple Award Construction Contracts (MACC) is anticipated as a result of this Solicitation to provide a full range of sanitation facilities construction (SFC) services to the Albuquerque Area of the Indian Health Service (IHS) to be accessed by the issuance of Task Orders.

B – 2. SEED PROJECT

Attached to this Solicitation is a Seed Project Scope of Work (SOW). The Seed Project will become the first task order issued under this MACC. This Seed Project SOW contains all the information necessary to complete a proposal for the work stipulated. The offeror shall review this project and provide a price proposal responsive to the requirements in the Scope of Work for the Seed Project with the level of detail specified in Section L-2 The Seed Project is a valid Indian Health Service requirement and the Government will award the Seed Project concurrent with the award of the MACCs as part of the award process for the MACCs. The price for the proposed Seed Project shall be utilized for purposes of price analysis for award of the MACC’s (see Sections L and M).

END OF SECTION

PART I, SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C – 1. GENERAL SCOPE OF WORK

This is a Multiple Award Construction Contract (MACC). A MACC is an Indefinite Delivery Indefinite Quantity contract awarded to multiple contractors. All contractors that receive an award of a MACC under this Request for Proposals (RFP) will be given a Fair Opportunity (in accordance with FAR Part 16.505) to compete for projects described in individual Task Order RFPs (TORFP). Under each task order awarded, the selected contractor may be required to accomplish a wide range of construction tasks, mainly utility construction of water, wastewater, and solid waste facilities, and New Construction integrating multiple construction trades/disciplines.

All work shall be performed timely and in accordance with all applicable codes, standards and industry best practices.

C – 1.1. Types of Construction Requirements under the MACC The intent of this competitive solicitation is to select multiple firms to perform Sanitation Facilities Construction (SFC) services that will include but not limited to the following:

1. Water and wastewater utilities construction which could consist of the following:

a. Individual water services consisting of water service lines, pressures systems, cisterns, and individual wells.

b. Community water facilities of water distribution main and appurtenances, pumphouses, control valves, water treatment facilities and equipment, well drilling, and community water storage tanks (elevated, standpipes, and reservoirs).

c. Individual wastewater facilities consisting of septic tanks with varied types of drainfields (infiltrators, Eljen, etc.), sewer service lines, onsite wastewater treatment and disposal systems, septic tank effluent pump systems, individual lift stations, grinder pumps, septic tanks and mounds, and septic tank abandonment.

d. Community wastewater facilities consisting of wastewater collection systems and appurtenances, shallow and drop manholes, force mains, lift stations, wastewater aeration/measurement, wastewater treatment systems including but not limited to evaporative and discharging lagoons, mechanical treatment, and effluent irrigation systems.

e. General utility construction work consisting of utility crossings or roads, arroyos, railways, etc, earthwork including soils and gravel excavation and placement, concrete work (structural and non-structural), disinfection for water and wastewater, directional drilling, boring and casing, access roads, fencing, electrical control systems (SCADA, PLC, Radio Telemetry etc.), utility renovation activities including slip lining, pipe bursting, cured-in- place, manhole lining, bentonite clay and HDPE lining, utility trenching, testing including compaction, pressure, leak, water and wastewater chemistry, seeding and re-vegetation activities, and preparation of required regulations.

2. Solid Waste Transfer Station construction and cleanup and closure of solid waste sites.

3. Documents/Plans including SWPPPs, Traffic Control, Utility Permits along with;

a. Soils analysis and septic system design for individual homes

b. AS-Built Drawings both computer and hand drafted

c. Operator Training on constructed facilities

d. Small Building Construction (wood frame, masonry, roofing)

C – 2. POTENTIAL CONSTRUCTION SITE LOCATIONS

All sanitation facility construction services listed above will be performed for Individual homes and communities on Indian Reservations served by the Albuquerque Area Indian Health Service within New Mexico, sou t hwe s t Texas, southern Colorado, and southeast Utah.

C – 3. WASTE MATERIALS

(a) All construction debris and waste material shall be disposed of off-site. Private dumpsters are not available for Contractor use.

(b) All unused excavated materials shall be removed from the site and properly disposed of by the Contractor.

All materials leaving the site shall be covered to ensure proper transport.

C – 4. CODES / STANDARDS

All work in this contract shall conform to the most currently applicable local, federal and state environmental laws and regulations as amended, as well as accepted professional practices. It is the Contractor’s responsibility to obtain and maintain the current applicable documents.

C – 5. ADVANCE NOTICE OF DELIVERIES TO SITE

At the Pre-construction Conference, and prior to beginning work on this project, the Contractor shall provide a list of all anticipated on-site personnel, including subcontractors (including second and third-tier subcontractors) to the Contracting Officer (CO). The contractor shall update this list when changes occur.

Contractor personnel not listed may be denied access to the project site and the facility. Contractor personnel will be restricted to designated working areas. Any personnel violating this policy may lose access to the construction site. Contractors shall provide 24 hours advance notice to the Contracting Officer’s Representative of every delivery to the site (e.g., concrete, lumber, etc...) and provide the company making the delivery.

C – 6. MEETINGS & CONFERENCES

(a) PRE-CONSTRUCTION CONFERENCE

The Contracting Officer may schedule and facilitate a Pre-Construction Conference to be held after Notice of Award for each issued Task Order. This conference will be held at the construction site or other location convenient to all parties. Maximum participation of the prime contractor and all subcontractors is expected.

Item to be included in the agenda include:

1. Designation of responsible personnel representing entities involved in construction.

2. Use of premises by Contractor and Government, Government’s occupancy requirements, and work hours.

3. Construction schedule, work sequence, and delivery priorities.

4. Construction facilities, controls, and temporary utilities.

5. Procedures for processing submittals, applications for payment, substitution requests, field decisions, and contract modifications. Security, safety, first aid, and housekeeping procedures.

6. Procedures for maintaining project record documents.

7. Requirements for start-up of equipment.

8. Testing procedures.

9. Inspection and acceptance of equipment put into service during construction period.

10. Contract closeout procedures.

11. Other pertinent items.

(b) PROGRESS MEETINGS (Applies to Task Orders > 45 days)

The Contractor shall schedule and administer construction monthly progress meetings throughout the contract performance period. Additional meetings may be held as required. The location of progress meetings will normally be on site; other location may be approved by Contracting Officer.

The Contractor shall make arrangements for meetings, prepare agenda, and distribute notice of meetings to participants 7 days in advance of each progress meeting.

The Contracting Officer, or if not attending, the appointed COR will preside over progress meetings. The Contractor shall record meeting minutes and distribute copies within five days after each meeting to participants, entities affected by meeting decisions, and the Contracting Officer.

Attendance: Contractor, job superintendent, and subcontractors and suppliers as appropriate to agenda; the Contracting Officer (CO), COR, and Designers of Records may attend as appropriate.

Prepare agenda to cover topics pertinent to continued progress and successful completion of the contract.

Suggested topics include:

1. Review previous meeting minutes.

2. Review schedules and progress, identify impediments, and determine measures to maintain schedules.

3. Review field observations, problems, and decisions.

4. Status of submittals.

5. Off-site fabrication and delivery schedules.

6. Quality control.

7. Progress payments.

PART I, SECTION D

PACKAGING AND MARKING

D – 1. PACKAGING AND MARKING

All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the Indian Health Service. Preservation, packaging and packing shall be in accordance with standard practice for commercial packaging.

PART I, SECTION E

INSPECTION AND ACCEPTANCE (CONSTRUCTION)

E – 1. DAILY REPORTING REQUIREMENT

(For Task Orders > 30 days)

(a) The Contractor shall prepare and file a "Contractor's Daily Report", for each day of contract performance for this contract.

(b) The daily reports shall be delivered not later than 10:00 AM via E-Mail to the Contracting Officer and the COR or other designated individuals identified by the Contracting Officer.

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

(d) Each daily report shall include all prime Contractors and sub-contractors personnel on the project site, all work performed, equipment used, tests performed, and all general activities for each day of work.

(e) Reports shall be chronologically numbered, dated and signed by the Contractor or his Project Manager.

If no work was performed it must be noted on the daily report.

(f) Failure to submit the daily reports could result in payments being withheld until such time as all daily reports are current. Daily report form will be provided to the contractor at pre-construction conference and is the only form acceptable.

E – 2. SUBSTANTIAL COMPLETION -- FINAL INSPECTION

(Applies to Task Orders > 60 days)

E-2.1 SUBSTANTIAL COMPLETION

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

(b) The Government at this point will conduct an inspection for the development of punch list items in preparation for final inspection.

(c) The substantial completion inspection should be at least 30 days prior to the contractual completion date and the date of final inspection. This period of time shall be included into the contractor’s performance schedule as additional time to the performance period will not be granted. The contractor is to notify the Contracting Officer at least 10 days in advance to schedule the substantial completion inspection. Note: This timeframe applies to only those Task Orders with performance periods exceeding 60 days.

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

E-2.2 FINAL INSPECTION

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

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

(c) All items and final clean-up of the project site shall be totally complete on the day and at the time the final inspection is scheduled.

(d) Failure on the part of the contractor to have the project ready for final inspection may result in assessment of damages as specified in the task order.

(e) Final inspection and acceptance of the work will be by the Contracting Officer or an authorized representative appointed in writing.

PART I, SECTION F

DELIVERIES AND PERFORMANCE

F – 1. 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 the number of calendar days specified in each awarded Task Order after the date the Contractor receives the notice to proceed,

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than (number of days specified in each awarded Task Order) after the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the project site premises.

(End of Clause)

F – 2. CONTRACTOR PERFORMANCE EVALUATION

(a) The contractor will be evaluated on his overall general work, for compliance with the specifications and drawings, quality of work performed, compliance with schedule, submission of submittals and all matters associated with the project.

(b) If a deficiency is noted the contractor will be advised by the COR and the Contracting Officer and what corrective action the contractor needs to take.

(c) Contractors are advised that continuous satisfactory performance on all phases of the Task Orders is required. Failure to do so could result in the contract being terminated or not utilized.

PART I, SECTION G

CONTRACT ADMINISTRATION DATA

G – 1. CONTRACTING OFFICER

The Contracting Officer (CO) means a person who is the principal individual and responsible representative of the Government with the authority to enter into, administer and/or terminate contracts and make related determinations and findings pertaining to the contract. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment requests, reviews and makes final decisions on contractual discrepancies, and administers the contract. The Contracting Officer is the only authorized individual to make changes to the contract.

G – 2. CONTRACTING OFFICER'S REPRESENTATIVES

(a) Contracting Officer's Representatives (COR), may be appointed for the purpose of representing the Contracting Officer and assuring compliance with the contract requirements.

(b) The COR has NO AUTHORITY to make any changes to the contract or any contract documents.

(c) The COR may approve minor field changes which do not affect the scope, period of performance and/or price of the contract. The COR is authorized to issue notices regarding noncompliance of contract requirements, and to stop work on any portion of the job if the Contractor's methods cause unsafe conditions or will result in noncompliant work which would be impracticable to correct or to replace while permitting other (conforming) portions of the work to continue. Issuance of a Notice of Noncompliance as described herein does not constitute a suspension of work as described in FAR Clause 52.242-14, Suspension of Work (April 1984), Section I.

G – 3. ADDRESS FOR CORRESPONDENCE

(a) It is the intent of the Government to use electronic means as much as possible while administering this contract.

(b) Most correspondence should be sent via e-mail directly to the Contracting Officer. Include the Contract Number and Task Order number (if applicable) on all correspondence. Overnight Mail and U.S. Mail shall be sent to the Contracting Officer, unless otherwise specified, at the following address or FAX number:

Indian Health Service Division of Engineering Services

1301 Young St. Suite 1071 Dallas, Texas 75202-5433

Telephone Numbers: Commercial: (214) 767-8587

FAX: (214)767-5194

G – 4. ORDERING OFFICES

The following Indian Health Service Contracting Organization is authorized to request proposals for and issue Task Orders under this contract:

Dept. of Health & Human Services, Indian Health Service Division of Engineering Services – Dallas

1301 Young Street, Suite 1071 Dallas, TX 75202-5433

G – 5. IDENTIFICATION OF CONTRACTOR EMPLOYEES

(a) Identification (ID) Badges. The contractor shall provide each employee with an ID badge on contract start date or on employment start date. The ID badge shall be made of non-metallic material. The badge shall be easily readable and include the employee's name, the contractor's name, functional area of assignment, and a color photograph. The contracting officer or their designee shall approve the ID badge template before the contract start date.

(b) Display of ID Badges. Contractor personnel shall wear the ID badge at all times when performing work under this contract to include attending Government meetings and conferences. Unless otherwise specified in the contract, each contractor employee shall wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit such placement.

G – 6. INVOICE REQUIREMENTS

(a) Invoices shall be prepared and submitted in accordance with the provisions of FAR Clause 52.232-27, PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (Oct 2008).

(b) Invoice shall be submitted in original and one copy to the Contracting Officer. FAXED INVOICES

ARE NOT ACCEPTABLE.

(c) Progress payments, when authorized, will be paid within 14 calendar days from the date a proper invoice is received in the contracting office.

(d) Final payment will be made within 30 Calendar days upon receipt and approval by the Contracting Officer of a properly executed invoice.

(e) The Contractor is directed to contact the appropriate Indian Health Service Financial Management Division with questions pertaining to payment information and payment dates.

G – 7. SCHEDULE OF VALUES

Before any payment is made to the Contractor, including progress payments, the Contractor shall prepare and submit to the Contracting Officer the following for review and approval:

Schedule of values of each principal category of the work, when added together, equal the total contract price. (Sample of suggested format will be furnished at the pre-construction conference.)

As a minimum, the following will be shown on the schedule of values:

(a) Performance and payment bond costs shall be a separate line item cost on the "Schedule of Values". When payment is requested, this line item must be accompanied by either a copy of a paid receipt, or a copy of a cancelled check.

(b) As-built (red line) drawings shall be a separate line item cost of the "Schedule of Values". The value shall be listed as a minimum of five percent of the total contract price if under a $1 million;

otherwise, the value of this line item will be negotiated.

(c) The Operation and Maintenance (O&M) Manual shall be a separate line item on the "Schedule of Values". The price shall consist of costs associated with preparation work, obtaining the manuals, assembling the manuals, and any training that might be required to be given.

(d) Mobilization shall be included as separate line items on the "Schedule of Values".

(e) Demobilization shall be a separate line item in the "Schedule of Values".

(f) General condition costs (daily operating expenses) shall be a separate line item on the Schedule of Values.

(g) The costs associated with preparatory work, overhead, profit, insurance, taxes, warranties, and permits shall be prorated into items of work throughout the "Schedule of Values".

PART I, SECTION H

SPECIAL CONTRACT REQUIREMENTS

H – 1. CONTRACT SAFETY AND ACCIDENT PREVENTION

This Contract is for construction, dismantling, demolition or removal of improvements. The Contractor shall comply with all pertinent provisions of the latest version, of all Federal and State OSHA Health and Safety Standards in the performance of Task Orders issued under the contract. These standards are hereby included into this contract in full force and effect, and the most stringent of the standards in effect on the date of the solicitation, will apply.

H – 1.1 Accident prevention and safety are the responsibility of the contractor. Any act or failure to act by the Government in surveillance or enforcement of the Scope of Work, Specification or Requirements shall not affect or relieve the Contractor of any responsibility and/or liability for the safety of Government property, Government employees, medical patients, contractor personnel, personal property, and any subcontractor/vendor personnel. The Contractor shall be responsible for all damages to persons and/or property that occur as a result of contractor negligence in connection with work requirements contained in each task order.

H – 1.2 Safety Plan. Within 15 days after award of the contract, the Contractor shall furnish to the Contracting Officer a Master Safety plan. Furthermore, the Contractor shall brief all employees on proper safety and accident reporting. The Contractor shall provide all occupational health services to his employees. Contractor employees shall be instructed to notify the Contractor’s project manager of potential or existing occupational health hazards that require attention. The Contractor shall designate a person on their staff to manage the Contractor's safety and accident prevention program that is responsible for ensuring the health and safety of on-site personnel and provide a point of contact for the Contracting Officer on matters of job safety.

H – 1.3 Compliance with Regulations. All work including the handling of hazardous materials or the disturbance or dismantling of structures containing hazardous materials shall comply with the applicable requirements of 29 CFR 1910/1926. Work involving the disturbance or dismantling of asbestos or asbestos-containing materials; the demolition of structures containing asbestos; and/or disposal and removal of asbestos, shall also comply with the requirement of 40 CFR, Part 61, Subparts A and B. ETL 1110-1-118 and DA Circular 40-83-4. All work shall comply with applicable state and municipal safety and health requirements. The Contractor shall comply with the requirements of OSHA. Conflicts between applicable regulations will be resolved by using the most stringent.

H – 1.4 Asbestos Containing Products/Materials. The contractor is advised that friable and/or non-friable asbestos containing material may be encountered where Task Order work is to be performed.

Friable asbestos containing material means any material that contains more than 1 percent asbestos by weight that hand pressure can crumble, pulverize, or reduce to powder when dry. Non-friable asbestos containing materials do not release airborne asbestos fiber during routine handling and end-use.

However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal demolition or other similar activities. The Contractor shall immediately notify the Contracting Officer if they encounter material suspected of being contaminated with asbestos and stop work on that area of the project until further notified.

H – 1.5 Materials and Equipment. Special facilities, devices, equipment, clothing and similar items used by the contractor in the execution of work shall comply with applicable regulations.

H – 1.6 Traffic Control Devices. The contractor shall comply with the recommendations contained in Part 6 of the U. S. Department of Transportation, Federal Highway Administrations “Manual on Uniform Traffic Control Devices (D6. -1978) to ensure proper warnings to motorists and adequate traffic control. The contractor shall provide all warning lights, barricades and other traffic control devices and signs necessary to fulfill this requirement for each Task Order.

H – 2. CONTRACTOR’S DUTY TO SEEK CLARIFICATION

(a) The Contractor has a duty to inquire and seek clarification concerning possible ambiguities and or discrepancies in Task Order Request for Proposal documents during the preparation of the proposal.

(b) It is the intent of the RFP documents for the Contractor to provide a complete working system, ready for operation and, at the same time, give the Contractor discretion in installing any required system in the manner most economical and expedient for the Contractor.

(c) This written contract and any and all identified writings or documents incorporated by reference or physically attached constitute the parties’ complete agreement and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify or contradict it. Any ambiguity in the contract will not be strictly construed against the drafter of the contract language but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.

(e) Under no circumstances will any oral statements made be binding upon the Government unless such statements or agreements are subsequently reduced to writing by the Contracting Officer.

H – 3. RESERVATION REGULATIONS

(a) The Contractor, its employees and subcontractors shall become familiar with and obey the regulations of the applicable Indian Reservation including fire, traffic, safety and security regulations while on the Reservation or installation. Those individuals 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 equipment shall be conspicuously marked for identification purposed and parked or placed within approved areas only, out of the way of driveways, emergency access roads, and traffic.

H – 4. ACCIDENT REPORTING

Accident Notification/Report. In the event of a job-related accident, the Contractor shall immediately notify the Contracting Officer and the Contracting Officer’s Representative (COR) and shall prepare a detailed Report of Accident as prescribed by OSHA Regulations and forward the original and two copies to the Contracting Officer. The Contractor shall maintain an accident file for the life of the contract to include all accident reports. Any technical advice and assistance necessary in accident investigation and reporting may be requested from the respective Safety Office. Lost time injury is defined as "An injury resulting in a lost workday, not including the day of injury."

H – 5. TRIBAL WAGE RATES

The Contractor is responsibility to contact the applicable Tribal Employment Rights Office (TERO) or the Office of Labor Relations before submitting a proposal under a Task Order RFP to determine if the tribe has set forth any wage rates that are higher than the Davis Bacon wage rates identified under specific Task Order RFPs. If there is a discrepancy between the Davis Bacon wages rate and the TERO wage rates, immediately contact the Contracting Officer.

(End of Provision)

H – 6. Key personnel The Contractor shall provide the government with the names and contact information for the key personnel responsible for each task order project. This information shall be provided in each proposal that is submitted.

Key personnel are defined as the contractor’s primary personnel who can make binding decisions for the contractor; i.e. Project Manager, Construction Site Superintendents, etc. The contract must notify the government within 10 days when there is a change in key personnel on a project.

PART II, SECTION I

CONTRACT CLAUSES (CONSTRUCTION)

I – 1. FAR 52.211-12 LIQUIDATED DAMAGES -- CONSTRUCTION (SEPT

2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of _______________________ [Contracting Officer insert amount in each RFP and awarded task order] for each calendar day of delay until the work is completed or accepted.

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

(End of Clause)

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--

(1) 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

(2) 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 non-availability 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;

(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 determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

(End of Clause)

I – 3. FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before the current contract expiration date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(End of Clause)

I – 4. FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of award of the contract through the expiration date of the last Option Year exercised by the Government.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the task order shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

I – 5. FAR 52-216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $2,000,000.00;

(2) Any order for a combination of items in excess of $2,000,000.00; or

(3) A series of orders from the same ordering office within ten (10) calendar days that together call for quantities exceeding the limitation in subparagraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (a), (b) and (c) of this section, the Contractor shall honor any order outside the amounts listed in the order limitations above, unless that order (or orders) is returned to the ordering office within five (5) calendar days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

I – 6. FAR 52.252-4 ALTERATIONS IN CONTRACT (APR1984)

Portions of this contract are altered as follow (indicated in bold print):

(a) FAR Clause 52.232-27 Prompt Payment for Construction (Oct 2008)

(1) Invoice Payments, sub-clause (a)(1)(i)(A), is revised as follows: The due date for making such payments is 30 days after the designated billing office receives a proper payment request. If the designated billing office fails to annotate the payment request with the actual date of receipt at the time of receipt, the payment due date shall be the 30th day after the date of the Contractor’s payment request, provided the designated billing office receives a proper payment request and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. Progress payments will not be made more frequently than once per 30-day period. When an invoice for a progress payment is received fewer than 30 days after receipt of the previous progress payment invoice, it shall be returned to the Contractor for resubmittal at the end of said 30-day period.

(End of Clause)

I-7. TASK ORDER COMPETITION AND AWARD

(a) Task Order Award Process The seed project included with this solicitation will be awarded to the lowest priced awardee resulting from this solicitation. For future task order competition, the following information applies.

(b) Task Order Competition:

Following contract award, task orders will be competed among awarded contractors. Task order quotations received from contractors will be evaluated on price, contractor’s availability for performance, and past performance on earlier task order awards. The Government reserves the right to make awards outside of this solicitation.

Each awardee will be given a fair opportunity to be considered for a task order exceeding $2,000 unless one of the following exceptions applies:

1. The need for the service is so urgent that providing a fair opportunity would result in unacceptable delay.

2. The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already under the contract; provided that all awardees were given a fair opportunity to be considered for the original order.

3. It is necessary for the Government to place an order to satisfy a minimum guarantee.

4. The Contracting Officer may, at their discretion, set aside orders for any of the small business concerns identified in FAR 19.000(a)(3), as well as, Indian-owned economic enterprises, as identified in HHSAR 370.2. When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part FAR 19 and HHSAR 370.2 applies.

(c) Task Order RFP:

When a requirement is identified for award under this contract, the sequence of events will generally be as follows:

1. The Contracting Officer will notify contractors of the requirement by way of a Request for Proposal (RFP).

2. When a RFP is distributed, contractors must respond to the Contracting Officer (CO) with their price and ability to accept and complete the task order. Proposals will generally be due within 14 calendar days from date of the request, or other period as stated in the RFP.

Applicable Davis-Bacon wage rates will be included with each RFP.

Contractors shall submit a proposal with pricing and any additionally requested information to the CO in response to the RFP. The Contractor’s price breakdown shall address all items listed in the task order, or be presented as a lump sum price if that is requested. Firm fixed price task orders will be awarded under this contract.

3. The CO will issue a task order to the Contractor whose proposal represents the best value to the Government. The low priced proposal may not always represent the best value.

4. MACC contractors are expected to provide good faith proposals in response to RFPs issued during the life of the contract. If a contractor is unable to respond due to conflicting commitments or lack of capacity, the contractor shall notify the Contracting Officer within five days of issuance of the RFP. However, repeated failure to provide a proposal in response to a RFP will result in the contract not being renewed and will release the government from the minimum guarantee obligation.

5. Proposal preparation costs are…