Sol_140A0718R0008.pdf

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)

0040399502

BIA SWRO 00007

1001 INDIAN SCHOOL RD NW

Contracting Office

BIA BUILDING 1

A07

Albuquerque NM 87104

Sonia Nelson 505-563-3129

1x 07/13/2018

140A0718R0008

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

HEATING, VENTILATION AND AIR CONDITIONING REPLACEMENT CONSTRUCTION AT PINE HILL

SCHOOL, NM. THIS IS CONTINUATION OF CONTRACT A17PC00096.

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.)

1 21 calendar days and complete it within ________________ ________________ calendar days after receiving

07/19/2018

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

BIA SWRO 00007

1001 INDIAN SCHOOL RD NW

Contracting Office

BIA BUILDING 1

A07

Albuquerque NM 87104

Sonia Nelson

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 49

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A0718R0008

DUNS:

COMPANY POC:

CO: SONIA.NELSON@BIA.GOV, 505-563-3129

COR: CALANDRA.CHARGINGEAGLE@BIA.GOV, 505-563-5155

FBMS COR: CHARLENE.YAZZIE@BIA.GOV

HEATING VENTILATION AND AIR CONDITIONING

REPLACEMENT AND CONSTRUCTION AT PINE HILL SCHOOL.

Delivery: 21 Days After Notice to Proceed

Delivery Location Code: 0009822795

BIA OFMC

1011 Indian School Road NW STE 335

NM 87104-2303 US

FOB: Destination

00010 HVAC REPLACEMENT AND CONSTRUCTION, ORIGINAL

CONTRACT A17PC00096

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

Sponsored by GSA

FAR (48 CFR) 53.110

SOLICITATION 140A0718R0008 BIA-DIV OF FAC MGMT & CONTSTRUCTION

HVAC Replacement & Construction at Pine Hill School PAGE 4 OF 49

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

CLIN Description Cost

1 Mobilization/ De-Mobilization $

2 Demolition/Disposal $

3 New HVAC and Duct $

4 Electrical $

5 Direct Digital Control $

6 Test & Balance $

7 Equipment other than HVAC and Duct (item 3 above)

8 Additive Additional (#1): A lightning protection system for the building will be provided and Surge

Protection Device(s) will be placed on the electric service to protect the new digital HVAC equipment. The Lightning protection shall include

UL and LPI certified System Labels with building roof top Lightning Protection Arrestors, and shall be Aluminum Class I. All Down Leads shall be exterior and shall be Copper Class I terminated by UL 96 approved underground rated clamp to a single ground rod. A counterpoise system is not required. Level I surge protection shall be provided on the 800A main service at a minimum and surge protection on each sub panel as an option.

SUB-TOTAL COST $

9 Subcontract Cost $

10 Travel Cost $

11 Insurance $

12 Bonds $

13 General and Administrative Cost $

14 Applicable Taxes $

15 Profit $

TOTAL $

HVAC Replacement & Construction at Pine Hill School PAGE 5 OF 49

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The contractor shall provide all materials, tools, equipment, service, supervision, labor and travel in connection with the HVAC system at the Pine Hill School in accordance with the Scope of Work.

Contract A17PC00096 was the original contract, which expired on June 4, 2018. Work, labor and materials under this contract were not added before the expiration date; therefore, this contract is a follow on to the original contract.

C.1. PROJECT NUMBER

Minor Improvement and Repairs - G14M7505

C.2. PROJECT LOCATION

Pine Hill School School/RNSB - P.O. Box 10, Pine Hill, NM – 87357

M75-02

N34.53.29.69 – W108.24.52.43

C.3. PROJECT OVERVIEW

Minor Improvement & Repair (MI&R) funding is made available for Bureau of Indian Affairs

Educational Facilities to replace an ineffective heating system in Building #801. This project is to remove the old system and install new energy efficient Heating Ventilation and Air Conditioning

(HVAC) in building 801.

C.4. HVAC SYSTEM SUMMARY

Construct/Build/Install HVAC system to heat and cool approximately 19,235 SF school building space.

New HVAC system is to replace an existing ineffective electrical heating system at the school building

#801. Provide and install an energy efficient HVAC system. Any material and/or equipment necessary for the proper installation of the system not specified or described in this SOW shall be deemed part of the new HVAC system. HVAC installation shall comply with the latest applicable codes; local, state and federal. It shall be the Contractor's responsibility to fellow all codes (mechanical, plumbing, electrical and building) for a code compliant installation.

C.5. DESCRIPTION OF WORK

(a) Additional Description of Work

The Contractor shall install Pine Hill School HVAC Replacement and related renovation in RFPs 008 through 012 listed below:

(1) RFP 008- Provide Access Doors for HVAC Units. In order to accommodate installation of the new

HVAC units as shown on the project documents, access doors are needed for future maintenance and not shown on contract drawings, propose the following:

(i) Provide framing for installation of 26 access doors necessary to service and maintain the HVAC equipment being installed as part of the contract as well as 12 outside air openings necessary for the

HVAC operation.

(ii) Provide access doors for installation (by others) in the framed openings as follows (the product data submittal is attached under separate cover):

(A) 1 QTY 24” x 24”

(B) 24 QTY 24” x 30”

(C) 1 QTY 24” x 36”

HVAC Replacement & Construction at Pine Hill School PAGE 6 OF 49

(2) RFP 009- Missing Insulation (cancelled). Correct the missing insulation and open holes within the interior of building. Further discussion concluded to cancel RFP 009, the school could do this to save money. They would need:

(i) Couple bags of insulation to match existing.

(ii) A ladder

(3) RFP 010- LED light fixtures on exterior soffit. There were existing surface mounted light fixtures around the perimeter of the building, mounted to the old EIFS soffit. Since the soffit is being replaced, there are three options:

(i) Do not reinstall any lighting in the new soffit. Will safe (connect) the existing wiring to the nearest junction box for safety precautions, at an additional cost.

(ii) Reinstall the old light fixtures. This will be an additional cost.

(iii) Provide new light fixtures (a cost proposal has been submitted, see RFP 010).

After review of the existing condition of old light fixtures and determination of 75-watt incandescent light fixtures located in the soffit around perimeter of the building. It was determined to:

• Provide and install 12 LED light fixtures to replace the existing incandescent fixtures.

• The new light fixtures are also exterior rated and vandal resistant and require minimal maintenance and have a 5 year warranty that covers light output, color stability, driver performance and fixture finish.

The new light fixtures will consume only 23 watts (less than 1/3 of the existing light fixtures) and produce 1681 lumens whereas the existing light fixtures produce around 1,100 lumens.

(4) RFP 011 – Schedule Extension. The second milestone on the schedule, Milestone CM-9999, shows a total float of 79 days.

(i) The delay is attributable to delays in approval of RFP 001 through 008 as well as delays in approval of submittals for items on the critical path.

(ii) While there is an allowance for overhead on each individual RFP it is for the increase in work effort necessary to execute the additional work. No allowance was made for additional field and office overhead costs for an extension in the contract time.

Upon discussion and negotiation, it was determine to apply the Percentage of G&A Unit and all other

Units listed within the initial signed contract, dated 9/13/2017.

(5) RFP 012- Power Circuit for CU-1, CU-2 and CU-3. Plan sheet E-601 indicates one new 20amp 3 phase breaker in panel H4HB for each the outdoor unit HVAC units. (CU-1, -2, -3). The heat pump condenser equipment schedule on M601 specifies that CU-1 is 21.1 amps, CU-2 is 21.1 amps and

CU-3 is 36.1 amps. The actual current draw of the specified units is slightly greater than what is specified on plan sheet M601. The electrical subcontractor will need to provided 50 amp breakers in lieu of the specified 20 amp breakers and install appropriately sized wire for the current draw.

(i) Provide 50amp, 3 phase breakers in panel H4HB for condensing units CU-1, CU-2, CU-3.

(ii) Install appropriately sized wire to accommodate 50 amps.

C.6. SPECIFICATIONS

Contractor shall coordinate with Bureau of Indian Affairs (BIA) representative prior to any work and subsequent shutdown of the Heating System. Contractor shall shut down and LOCKOUT electrical to existing heating in Building 801 in preparation for removal, installation startup. Contractor shall remove all old electric base board heater and related material to an offsite location. Contractor

HVAC Replacement & Construction at Pine Hill School PAGE 7 OF 49 shall supply twenty-two (22) new HVAC units and as needed new 400 amp electrical panel and make all connections required to provide properly functioning system(s). Contractor shall install

HVAC and electrical panel in accordance with Manufacturer’s recommended procedures.

Contractor shall be responsible for all bracing, patching and cosmetic repairs required to install new HVAC units and electrical panel within Building 801. Contractor shall coordinate with Pine Hill School

Representative on mode and method to facilitate work required. Contractor shall provide all refuse and dumpster container(s) for the duration of the project. All work shall be performed and inspected in accordance with National Mechanical Code, National Electrical Code (NEC), International Building Code

(IBC), and International Plumbing Code (IPC). Contractor shall be responsible for all drywall and paint repair incurred during removal and installation process.

C.7. SAFETY

Contractor shall implement an appropriate safety control program applicable to the work being performed. A Fall Protection Plan shall be instituted if workers are to be performing duties where their feet are greater than six (6') feet from the ground or finished floor. All personnel on roadway projects shall wear appropriate Personal Protective Equipment (PPE), i.e. hard hat, safety glasses, steel toed work boots, hearing protection and safety vest. Contractor shall bear sole responsibility of taking all appropriate actions necessary to prevent accidents and injuries to individual's, both Contractor and general public, in and or around the work area.

C.8. GOVERNMENT PROVIDED MATERIALS (under previous Contract A17PC00096)

(a) Design Analysis and Calculations, dated 03/06/2017

(b) Design Plans, dated 02/20/2017

(c) Specifications, dated 03/07/2017

C.9. SUBMITTALS

The following items shall be submitted for review and approval prior to the Commencement of any site work:

(a) A schedule of work and schedule of contract values shall be submitted no later than ten (10) working days prior to commencement any of work evolution.

(b) A safety plan addressing all safety issues. See also H.3.

Bureau of Indian Affairs shall complete a review and either approve or notify the contractor(s) of deficiencies within a ten (10) working days of receipt of submittal(s).

C.10. FINAL DELIVERABLES

(a) Owner manuals; training of maintenance staff.

(b) Warranty(ies)

C.11. EQUIPMENT CONDITION

New equipment only to be provided under this contract. No remanufactured or “gray market” items. All items must be covered by the manufacturer’s warranty.

SECTION D – PACKAGING AND MARKING – This section is blank.

HVAC Replacement & Construction at Pine Hill School PAGE 8 OF 49

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 reinspection 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.

HVAC Replacement & Construction at Pine Hill School PAGE 9 OF 49

(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.

E.2. FINAL INSPECTION, SUBSTANTIAL COMPLETION, AND ACCEPTANCE OF

COMPLETED WORK

(a) Final Inspection

Final inspection will be made by the Contracting Officer (CO) when requested and when the Contractor advises all the materials have been furnished, all work has been performed, and all construction provided for by the contract has been completed in accordance to the terms. The Contractor shall be ready for final inspection in order that necessary arrangements can be made. If a minor portion of the materials to be furnished or work to be done or construction provided for by the Contractor has not been completed at time of final inspection, the work under the contract may be determined to be substantially complete and the Contractor advised by the CO in writing of the date on which the work is determined to be substantially complete. On the date when all materials, work, or other requirements of the drawings, specifications, and contract are furnished or completed, acceptance will be given by the CO. The

Contractor will be advised in writing of the date the work is determined to be completed and accepted, thereby relieving the Contractor of further responsibility for the unit of work and until such acceptance the Contractor will be responsible for all work performed and materials delivered as provided in FAR

Clause 52.236-7, Permits and Responsibilities.

(b) Substantial Completion

Substantial completion will ONLY be given by the CO when the project is complete and such that is can be safely and effectively used by the public without further delays, disruption, or other impediments as recommended by the Contracting Officer’s Representative (COR) during a substantial completion inspection.

(c) Final Acceptance

Final Acceptance will be given when all work is completed, including any punch list items, and the COR determines and schedules a final acceptance inspection with the Contractor and CO. With the exception of any work accepted as final, in writing by the CO, the Contractor is still responsible for all the work until a final acceptance is given the CO based on the COR’s recommendations.

SECTION F – DELIVERIES AND 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, full text of a clause may be accessed electronically at this address: https://acquisition.gov/browsefar

FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES

FAR CLAUSE CLAUSE TITLE CLAUSE DATE

52.211-13 Time Extensions Sept 2000

52.242-14 Suspension of Work Apr 1984

52.242-15 Stop-Work Order Aug 1989

52.242-17 Government Delay of Work Apr 1984

HVAC Replacement & Construction at Pine Hill School PAGE 10 OF 49

F.2. 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 1 calendar days 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 21 calendar days. The time stated for completion shall include final cleanup of the premises.

F.3. 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the

Contractor shall pay liquidated damages to the Government in the amount of $100.00 for each calendar day of delay until the work is completed or accepted.

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

F.4. 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifteen (15%) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

F.5 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer.

If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the

Contractor shall take steps necessary to improve its progress, including those that may be required by the

Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting

Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon

HVAC Replacement & Construction at Pine Hill School PAGE 11 OF 49 making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

F.6. DETERMINATION AND EXTENSION OF CONTRACT TIME

The calendar days, stated under Section F.1 - FAR 52.211-10, allowed for the performance of the contract is based upon the work to be performed and weather conditions that are nom1ally anticipated in the area that may prevent work. Request for time extensions because of weather conditions shall not be granted except in the case of unusually severe weather or "Act of Nature" unanticipated by this contract.

F.7. DAYS OF WORK

Construction work will not be permitted on Saturdays, Sundays, during Federal Holidays, or any other declared Government holiday. When any of the holidays falls on Saturday, the preceding Friday is established as a holiday for Government employees or when any of the above holidays falls on a

Sunday, the Monday following that day is established as a holiday for Government employees. No construction will be permitted on those days; however, the CO, when in his/her opinion is justified, may grant the Contractor permission to work on any of the above days upon written application by the Contractor in advance.

F.8. HOURS OF WORK

Except in executive, administrative, and supervisory positions, no individual directly employed on the project may be permitted to work more than 40 hours per work week.

The Contractor shall submit to the Contractor Officer the name and legal address of each foreman to be employed upon the work prior to his entrance on duty. The foreman shall be affected by the 40-hour workweek provision above as long as their duties are strictly supervisory or administrative, but any foreman working with tools and performing the duties of a journeyman, mechanic, or actually engaged in manual labor will be limited by the 40-hour workweek provision notwithstanding the possibly of working only a portion of the 40-hour workweek as a journeyman, mechanic, manual labor.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1. CONTRACT ADMINISTRATION - BUREAU OF INDIAN AFFAIRS

Contracting Officer

Sonia Nelson, Contracting Officer

BIA, Southwest Regional Office, Branch of Acquisition

1001 Indian School Rd., NW Suite 347

Albuquerque, NM 87104

Telephone No.: (505) 563-3129 Facsimile No.: (505) 563-3034 Email: sonia.nelson@bia.gov

G.2. CONTRACT ADMINISTRATION - CONTRACTOR

Designate a person whom the Government may contact during the period of the contract for prompt action on matters pertaining to the administration of the contract. Authorized Administrator is:

Chris Clemens mailto:lson@bia.gov

HVAC Replacement & Construction at Pine Hill School PAGE 12 OF 49

P.O. Box 1964 Clarkston, WA 99403

Telephone No. 509-254-5610

Email: chris@greenh2oenerdy.com

G.3. CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE

(a) The Contracting Officer shall designate a Contracting Officer's Technical Representative (COTR) who will represent the Contracting Officer in the technical phase of the work. The COTR's duties, responsibilities, and limitations of authority will be set forth in a written COTR designation letter. A copy of the COTR designation letter will be made available to the

Contractor.

(b) The COTR is not authorized to make any changes to the terms and conditions of this contract.

Only the Contracting Officer is authorized to make any changes to the contract by a properly written signed modification to the contract.

(c) The Contracting Officer is the only official who can legally commit or obligate the Government for expenditure of public funds.

G.4. DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The

COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The

Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the

COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the

Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting

Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

mailto:chris@greenh2oenerdy.com

HVAC Replacement & Construction at Pine Hill School PAGE 13 OF 49

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

G.5. 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

At all times during performance of this contract and until the work is completed and accepted, the

Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

G.6. ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP) (APRIL 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice

Processing Platform System (IPP).

“Payment request” means any request for contract financing payment or invoice payment by the

Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4

Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Itemized invoice

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (RFBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. TRIBAL TAXES, REQUIREMENT AND/OR RESTRICTIONS

Special attention is called to clauses FAR 52.229-4 Federal, State, Local Taxes, and FAR 52.236-7

Permits and Responsibilities. Contractor is responsible for contacting the Tribe or Tribal organization involved with regard to their resolution(s) regarding tribal taxes, requirements and/or other applicable tribal laws. Non-compliance regarding the above may result in the offerors or contractor being determined non-responsive. Current available information:

State: New Mexico Taxation and Revenue, www.tax.newmexico.gov

Tribe: Navajo Nation, www.navajotax.org

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H.2. INDIAN EMPLOYMENT

It is required that the Contractor and his/her subcontractor utilize Indian employees to the maximum practicable in accordance with the Indian Preference Clause Department of the Interior Acquisition

Regulation (DIAR) 1452.226-70.

H.3. REQUIREMENTS FOR EXECUTION OF SURETY BONDS

Performance and Payment Bonds are required within 10 days after award of the contract. The

Contractor shall execute and furnish two bonds, each with good and sufficient surety or sureties acceptable to the Government; namely, a Performance (Standard Form 25) and a Payment Bond

(Standard Form 25A). Standard Form 25 and 25A are available at http://www.gsa.gov/portal/forms/download/115986. The penal sums of such bond will be as follows:

(a) Performance Bond, Standard Form 25 - The amount of the performance bond shall be 100% of the original contract price.

(b) Payment Bond, Standard Form 25A - The amount of the payment bond shall be 100% of the original contract price.

H.4. MODIFICATION PROPOSAL – COST BREAKDOWN

The Contractor, in connection with any proposal he makes for a contract modification, shall furnish a price breakdown, itemized as required by the CO. The breakdown shall be in sufficient detail to permit an analysis of all labor, material, equipment, subcontract, travel, insurance, bonds, taxes, general & administrative cost, and profit; and shall cover all work involved in the modification, whether such work was deleted, added, or changed. Any amount claimed for subcontractors shall be supported by a similar price breakdown. In addition, if the proposal includes a time extension, a justification thereof shall also be furnished. The proposal, together with the price breakdown and time extension justification, shall be furnished by the date specified by the Contracting Officer.

H.5. CONTRACTOR SAFETY PROGRAM REQUIREMENTS

The Contractor shall establish a safety program, which is consistent with FAR Clause 52.236-13 and also shall include at a minimum the following requirements:

(a) Safety Program Submittal: Within 10 days following the awarding of a contract, the Contractor shall submit in writing to the COR a proposed comprehensive safety program for approval. The

Contractor's safety program shall detail policies, procedures and plans that will be implemented to ensure the safety and health of employees and visitors at the job site. The Contractor shall prepare a list of major hazards associated with the contract work and provide in the safety program means to minimize the hazards.

(b) Safety Meeting: Representative of the Contractor shall meet with CO's Representative and/or CO prior to the start of construction to review the safety program and discuss implementation of health and safety provisions pertinent to the work under contract. The Contractor should be prepared to discuss, in detail, the measures to be taken to control the hazards associated with the major phases of the work under contract. This meeting shall be devoted mainly to a discussion of the manner in which the Contractor intends to administer the health and safety program, delegation of responsibility for implementing the program, and a determination of what shall be presented in the written safety program.

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(c) Contractor Housekeeping Requirement: Good housekeeping, including provision and facilities for routine scrap removal, shall be maintained in all areas within the Contractor's scope of operation. Any and all garbage shall be stored and removed to an approved dump site as specified by the permitting Agency.

The construction yard(s) shall be restored to their natural condition or better as required by the pem1itting requirements and in accordance with Tribal, State, and Federal law (i.e. applicable OSHA construction standards).

(d) Contractor Contamination Requirement: Handling, storage, and disposal of toxic materials of any nature shall be carried out in a manner so as not to contaminate or pollute public and/or private property, water supplies, rivers, lakes, reservoirs, streams, or the atmosphere. Disposal of all materials, including waste, garbage, and sewage, shall comply with all local, tribal, state, and federal regulations (i.e. Clean

Air and Water Acts).

H.6. AVAILABLITY OF RECORDS

The CO and other authorized Federal Government officials shall have access to all records of the

Contractor and subcontractor(s) relating to personnel, payrolls, invoices of materials, and any and all other data relevant to the performance of the contract.

H.7. SUBCONTRACTING AND SUBCONTRACTORS

(a) Work to be performed by Prime Contractor. The prime contractor shall perform on the site with its own force work amounting to not less than fifteen (15%) pursuant to FAR 52.236-01, Performance of

Work by Contractor.

(b) Selection of Subcontractors. Except as provided in DIAR Clause 1452.226-71, Indian Preference, the contractor and each subcontractor shall be free to select their subcontractors. The contractor shall submit or require the submission of the following information to the CO.

(1) The name and address of each subcontractor.

(2) A detailed description of the work covered by each subcontract.

(3) A statement that the subcontractor has adequate resources and is capable of performing the work.

(c) Furnish Copies of Subcontracts. No subcontractor will be allowed to perform any work on the project site until the conditions in (b) above have been met and the contractor bas completed and submitted

SF-1413, Statement and Acknowledgment, to the Contracting Officer in accordance with FAR Clause

52.222-11, Subcontracts (Labor Standards). Standard Form 1413 is available at http://www.gsa.gov/portal/form/download/115794. The subcontract shall include therein, verbatim, paragraphs b(1) through b(11) of FAR Clause 52.222-26, Equal Opportunity, incorporated by reference in this contract. These requirements pertain to all subcontracts, no matter what tier or relationship they have to the prime contractor except that the FAR Clause 52.222-26, Equal

Opportunity is not required to be included in subcontracts of $10,000 or less.

(d) Contractor's Responsibility for Subcontractors. The contractor shall be responsible for the acts of all subcontractors and their employees when performing work at the project site, regardless of subcontractors' contractual relationship to the contractor. The contractor shall cause to be removed from the work at the project site any subcontractor or employee thereof whom the Contracting

Officer, in writing, finds to be incompetent, careless, or otherwise objectionable. Failure of any subcontractor to complete the work described in its subcontract in a satisfactory manner, or without delay, will not excuse the contractor from any delay in the completion of the entire contract.

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H.8. ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, State, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to

Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the

Federal Water Pollution Control Act, as amended (33 U.S.C. 1251); the Clean Air Act as amended (42

U.S.C. Sec 7401); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); Solid

Waste Disposal Act, as amended (42 U.S.C. 6901).

H.9. HSPD-12 REQUIREMENTS - CONTRACTOR PERSONNEL SECURITY AND

SUITABILITY REQUIREMENTS (DOI-AAAP-0081)

Performance of this contract requires contractor personnel to have a Federal government-issued Personal

Identity Verification (PIV) credential before being allowed unsupervised access to a DOI [facility and/or information system]. The Contracting Officer's Representative (COR) or Contracting Officer's Technical

Representative (COTR) will be the requesting official, and will make arrangements through a DOI Access

Card Sponsor for personal identity verification and DOI Access Card issuance.

At least two weeks before start of contract performance, the Contractor must identify all contractor and subcontractor personnel who will require [physical and/or logical] access for performance of work under this contract. Physical Access means routine, unescorted or unmonitored access to nonpublic areas of a federally-controlled facility. Logical Access means routine, unsupervised access to a Level 3 or 4 federally-controlled information system. The Contractor must make their personnel available at the place and time specified by the COR/COTR or DOI Access Card Sponsor in order to initiate screening and background investigations. The following forms and inquiries, or their equivalent, will be used to initiate the credentialing process:

OPM Standard Form 85 or 85P

OF 306

National Criminal History Check (NCHC) (local procedures may require the fingerprinting to done at a police station; in this case, any charges are to be borne by the contractor)

Release to Obtain Credit Information

PIV card application (web-based)

Before starting work under this contract, a National Criminal History Check (NCHC) will be initiated to verify the identity of the individual applying for clearance and to determine the individual's suitability for the position. If the NCHC adjudication is favorable, a DOI Access Card will be issued for that individual.

If the adjudication is unfavorable, the credentials will not be issued and the contractor must make other arrangements for performance of the work. In the event of a disagreement between the Contractor and the

Government concerning the suitability of an individual to perform work under this contract, DOI shall have the right of final determination.

Contractor employees must give, and authorize others to give, full, frank, and truthful answers to relevant and material questions needed to reach a suitability determination. Refusal or failure to furnish or authorize provision of information may constitute grounds for denial or revocation of credentials.

Government personnel may contact the contractor personnel being screened or investigated in person, by telephone or in writing, and the Contractor must ensure they are available for such contact.

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Alternatively, if an individual has already been credentialed by another agency through OPM, and that credential has not yet expired, further investigation may not be necessary. In that case, the contractor must provide the COR/COTR with documentation that supports the individual's credentialed status.

Contractor employees who have been successfully adjudicated will be issued DOI Access Cards, which must be activated at a USAccess Credentialing Center. Those Contractor employees not located within a reasonable travel time of a USAccess Credentialing Center will be screened and issued alternate credentials, such as temporary access badges.

During performance of the contract, the Contractor must keep the COR/COTR apprised of changes in personnel to ensure that performance is not delayed by compliance with credentialing processes. Cards that have been lost, damaged, or stolen must be reported to the COR/COTR and Issuing Office within 24 hours. If reissuance of expired credentials is needed, it must be coordinated through the COR/COTR.

At the end of contract performance, or when a contractor employee is no longer working under this contract, the Contractor must ensure that all identification cards are returned to the COR/COTR.

This requirement must be incorporated into any subcontracts that require subcontractor personnel to have routine unsupervised access to a federally-controlled facility for more than 180 calendar days or any unsupervised access to a federally-controlled Level 3 or 4 information system.

H.10. BUREAU OF INDIAN EDUCATION – BACKGROUND SCREENING

A favorable screening (applicant and suitability) determination must be made by the Bureau of Indian

(BIE), Personnel Security and Suitability Program prior to contract award or made within 60 days of incorporation of this clause into a current/existing contract. Pending completion of a background investigation by OPM, the contractor who has been granted a favorable screening ( applicant and suitability) determination must be within the sight and under the supervision of a Government employee who has had a background investigation (42 U.S.C. 13041 (3)) during contract performance until a final background investigation determination has been made.

Prior employment with the Federal Government, including BIE or the Bureau of Indian Affairs, does not assure that the appropriate screening or investigation was conducted nor does it alleviate or guarantee a favorable screening (applicant and suitability) determination or background investigation.

Prior to contract award the CO will notify the resultant contractor to provide verification of favorable screening. Upon receipt of award within five (5) calendar days, it is solely the company, individual or contractor’s responsibility to contact the BIE Personnel Security and Suitability Personnel at (505) 563-

5287/5288/5289/5294 in order to obtain and submit a complete security package, which includes but is not limited to appropriate investigative forms and/or inquire about their previous investigation; and, obtain a screening (applicant and suitability) determination, and subsequent final background investigation.

If an unfavorable screening (applicant and suitability) determination is made, a contract shall not be awarded to the individual who received an unfavorable screening or to the company who has provided the proposal.

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H.11. SECURITY REQUIREMENTS: FACILITY ACCESS AND INFORMATION

TECHNOLOGY (AUG 2016)

(a) All Contractor employees must have an "Enter on Duty" (EOD) approval issued by the Bureau

Personnel Security Office (PSO) before they begin performing work on any Bureau contract. The

Contractor must ensure that all employees requesting an EOD are citizens of the United States of

America, or an alien who has been lawfully admitted for permanent residence or employment (indicated by immigration status) as evidenced by Immigration and Naturalization Service documentation and the employee must have resided in the United States for a minimum of 3 years. The EOD may be issued in advance of a completed Background Investigation and may be rescinded by the PSO at any time.

However, all contractors who require network access are required to complete the identity proofing process, and must be able to obtain a successfully adjudicated National Criminal History Check (NCHC) and National Agency Check with Inquiries (NACI) or higher to stay on the contract.

(b) Starting Work -…