RFQ_14-102-SOL-00004.pdf

OMB APPROVAL NO. 2700-0042

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

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

SOLICITATION, QUOTE,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

14-102-SOL-00004

2. TYPE OF SOLICITATION

SEALED BID (IFB)

(RFQ)

3. DATE ISSUED

Feb. 6, 2014

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

PO2YA618C6

7. ISSUED BY CODE 8. ADDRESS QUOTE TO

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

Block 7 & per instructions in L.2

9. FOR INFORMATION

CALL:

A. NAME

William Standley

B. TELEPHONE NO.

206-374-7302 william.standley@ihs.gov

SOLICITATION

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

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

Indian Health Service – Division of Engineering Services Seattle is issuing this Request for Quotes for a construction contract for: Total Small Business Set Aside NAICS 238220

14-102-SOL-00004

Yakama Health Center Annex HVAC Improvements (Yak Annex HVAC) (Yakama Indian Reservation)

Quotes are due March 10, 2014 2:00pm See. L.2 (quote submission instructions) Construction range estimate is: Between $25,000 and $100,000

11. The Contractor shall begin performance within 10 calendar days and complete it within 90 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See 52.211-10.)

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

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

YES - Payment Bond required if >$30,000

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Quotes per this solicitation to perform the work required are due at the place specified in Item 8 by 2:00 (hour) local time 3- 10-14 If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

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

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

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

Block 17 not applicable to Quotes

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

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

20B. SIGNATURE

20C. OFFER DATE

AWARD

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(1 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

Indian Health Service Portland Area Office

1414 NW Northrup Street, STE 800

Portland, OR 97209 Attn: Jai Sung

Block 26 – Portland Area IHS

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return _ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

SIGNATURE ONLY FOR IF & WHEN AWARDED.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

William Standley

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

RFQ-14-102-SOL-00004

Yakama Annex HVAC Controls

SCHEDULE of ITEMS

Request for Quotes

ITEM DESCRIPTION

Meth of Meas. Qty

UNIT

Price

TOTAL

1 DDC Controllers & Equipment Graphic LS 1

2 DDC Modules & Acutators Ea. 14

All other aspects per the Statement of Work in Section C. including but not limited to mob & de-mob, shop drawings, test & balance, programming, commissioning, training, as-builts, reports, labor, equipment, supervision, transportation, operating supplies. Job 1

Total Price→

Company__________________________________________

Quote Submitted by_________________________________Date______________

Phone & Email________________________________________________________

* I.4 FAR 52.228-13 Alternative Payment Protections (July 2000). A payment bond of 100% is required for construction contracts awarded greater than $30,000. E.g. if this award is $27K then a payment bond is

NOT required. The construction range estimate is between $25K and $100K which if Govt estimate is one cent over $25K, it kicks it in to that range prescribed for publication in the notice and solicitation by FAR

36.204 Disclosure of the magnitude of construction projects.

Section C

STATEMENT OF WORK

Annex Building HVAC System Improvement

Yakama Health Center

Toppenish, Washington

I - BACKGROUND

The Yakama Health Center (YHC) complex is located on the Confederated Tribes and Band of Yakama Nation’s reservation at Toppenish, Washington approximately 20 miles south of Yakima, Washington. The YHC Annex

Building (Bldg 20), approximately 7,400 square feet office building, located within the Yakama Tribal Center complex is experiencing HVAC system temperature fluctuations due to control module malfunctions. These malfunctioning components and other associated system deficiencies are causing imbalanced air distribution throughout the building. In addition, a building automation control system improvement is needed to resolve ongoing operational challenges, comfort issues, and the inability to effectively control the current HVAC system.

Project Location and Physical Address:

Yakama Health Center, Annex Building

341 Fort Road

Toppenish, WA 98948

The original HVAC system for Bldg 20 was modified in 1990. The existing HVAC system includes a DDC system by Siemens containing twelve (12) terminal units, one air handler unit, and a chiller. The existing

Siemens’ control system is no longer supported and not compatible with the newly installed Johnson Controls

DDC system for the main Yakama Health Center. The main Siemens controller board for the Bldg 20 is obsolete and replacement parts are not readily available. In addition, five of twelve control modules on the terminal units do not function properly causing fluctuation in heating and imbalanced air distribution. Because the control system is over 20 years old, the other seven control modules maybe at the end of life expectancy.

The main Yakama Health Center building located nearby is equipped with Johnson Controls DDC with BACnet protocol. This health center building uses a web based Johnson Controls Metasys program to control the HVAC system.

II - OBJECTIVE

The objectives of this work are the following:

Replace the existing DDC control system and restore full system control functionality.

Establish remote system monitoring and control in the main Yakama Health Center building.

Allow for an easy and low cost transition to local system monitoring and control within the Annex

Building at some point in the future. This is necessary in the event there is a change in building ownership.

Assure the system is operating fully and efficiently, consistent with the capabilities of the existing equipment.

III – REQUIREMENTS

A. Scope of Work:

1. Produce shop drawings incorporating all new building automation system controls with the existing HVAC system and submit to the Project Officer for review and approval.

2. Remove the existing Siemens DDC and replace with Johnson Controls DDC or approved equal. Establish remote system monitoring and control capability in the Yakama Health Center. The control station in the

Yakama Health Center shall include a graphical interface showing the layout of the building and the location of the terminal units. In addition to the remote monitoring and control, provide a means to transfer to local monitoring and control within the Annex building should it be necessary to do so in the future. The operation and maintenance documentation shall include specific instruction on how this can be accomplished.

3. Remove and replace existing control modules and actuators on the terminal units, chiller, and air handler

(refer to the Mechanical As-Built Plans at Appendix A). Integrate all control points into the central DDC control program.

4. Integrate three (3) existing wall mounted electric heaters located at each entrance of the buildings into the

DDC system. Each wall mounted heater shall have a thermostat installed as necessary to establish logical operation of the units.

5. Electronic components shall be fastened securely in NEMA-1 rated steel enclosures with a hinged door with a handle and keyed lock. They will be located in the Annex Building mechanical room.

6. Perform test, adjust and balance (TAB) services, system commissioning, and operational checks on newly installed HVAC controls. Contractor shall perform these services in according to the following ASHRAE standards and guidelines:

a. ASHRAE 111-2008 (Testing, Adjusting and Balancing of Building HVAC Systems,

b. ASHRAE Guideline 1.1-2007 (HVAC Technical Requirements for the Commissioning Process),

c. ASHRAE Guideline 11-2009 (Field Testing of HVAC Controls Components,

d. ASHRAE Journal Article published in 2001 (Commissioning HVAC Controls Systems).

7. The operational checks shall be performed with the Facility Manager to ensure all systems including the HVAC components and controls function properly and shall obtain a written satisfactory approval from the Facility

Manager. Notify the Facility Manager of any identified system deficiencies that are hindering efficient operation.

8. Provide a hands-on training on system operation to the facility management staff and provide two copies of control system operations manual to the Facility Manager.

B. General Requirements:

1. Submittals:

a. Shop drawings as stated in Section IIIA1 of this Statement of Work detailing the proposed work

b. Product specifications for building automation control system components.

c. Product specification for the proposed DDC controller and software program,

d. Project Schedule,

e. TAB and Commissioning reports,

f. Warranty documents.

2. All works shall be performed in accordance with the applicable codes including the 2012 International

Mechanical Code, safety standards, and adhere to the general provisions of the contract documents.

3. Cutting, patching and repairing required by the work shall be the responsibility of the Contractor.

4. Any and all damage that results from work under the contract shall be promptly repaired at the expense of the

Contractor. The Contractor shall restore all areas disturbed to a condition at least equal to that existing prior to contract work.

5. Work Schedule: The building normal operating hours are 8:00 AM to 5:00 PM Monday through Friday except on government and Tribal holidays. In order to minimize the disturbance to the building operations, Contractor will be allowed to work during evenings and weekends. Upon award of contract, Contractor shall submit a work schedule proposal to the Project Officer for approval. All work hours shall be coordinated and approved with the Facility Manager.

6. Contractor shall abide by the security policy of the building and shall coordinate daily work schedule with the

Facility Manager (John Pulsipher, 509 865-1716). It is the Contractor’s responsibility to work with the

Facility Manager and comply with the building layout, security requirements, vehicle access, fire safety, emergency exits and evacuation procedures.

7. At the end of each work period, the Contractor shall remove all tools, equipment, materials, and other associated items from the clinic building.

8. Safety: The Contractor is responsible for safety of the worksite, its workers, and the public during the contract work period. The public shall be shielded from access to affected areas with barricades or signage.

9. The Contractor will be required to follow all Tribal permit and Tribal Employments Rights Office (TERO) requirements. The TERO can be reached at (509) 865-5121 Ext. 4479.

C. Notification and Inspection:

1. The Contractor shall keep the Contracting Officer’s Representative (COR) notified and advised of all work to be done or work in progress in advance (5 calendar days) so that an inspection can be performed.

Project Officer (COR): Jai D. Sung, Phone# 503 414-5532

Facility Manager: John Pulsipher, Phone# 509-865-1716

2. The Contractor should examine areas and conditions under which work is to be performed and incorporate all factors or costs in preparation of bid to complete work. Failure of the Contractor to include all costs in preparation of bid will not be basis for additional costs or delays.

D. Work Performance Period:

90 days after Notice to Proceed. See F.2

E. Warranty:

The Contractor shall provide a one-year warranty on all workmanship or otherwise stated.

SECTION D--PACKAGING AND MARKING

No clauses this section.

SECTION E--INSPECTION AND ACCEPTANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es): Federal

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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

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

www.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work within 90 days of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises. Notice to Proceed shall be issued after receipt of approved

Payment Bond. Performance time will include submittals and approvals.

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

PART I—THE SCHEDULE

SECTION G—CONTRACT ADMINISTRATION DATA

G.1 GOVERNMENT PROJECT OFFICER (COR)

The following is considered to be administrative information and is therefore subject to unilateral administrative modification by the Contracting Officer. This section complies with HHSAR subsection

301.603-70 which authorizes a warranted Contracting Officer to delegate Contracting Officer responsibilities to non-GS/GM-1101 or 1102 or GS-1105 or 1106 personnel.

The contracting Officer may designate in writing one or more Government employees, by name and position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Government Project Officer and shall have the following authorities and responsibilities unless otherwise specified in the notice of appointment:

The COR is responsible for: Technical approval of submittals; Direction to the Contractor that clarifies the contract requirements, fills in details or otherwise serves to accomplish the contractual scope of work; Evaluation of performance and progress for payment and acceptance. Within the limits of authority described herein, the Project Officer may act in lieu of the Contracting Officer for actions of the type described in paragraph (b) of the clause at FAR 52.236-21, Specifications and Drawings for

Construction.

The COR does not have the authority to alter the Contractor’s obligations under the contract; make final acceptance of work; direct changes that fall within the purview of the “Changes” clause of the contract;

or modify any of the terms, conditions, specifications, or cost of the contract. See also HHSAR

352.202-1, Definitions.

G.2 PAYMENT PROCESS

(a) FAR 52.232-5, Payments Under Fixed -Price Construction Contracts, requires that before the first progress payment under the contract is submitted, the contractor shall prepare a schedule, in the detail requested by the Contracting Officer, of the estimated values of each principal category of the work which when added together equal the total contract price. A sample format is available from the

Contracting Officer. The following is the detail required by the Contracting Officer:

(1) The principle categories of work shall be broken into line items of sufficient detail to allow meaningful measurement of the work on a monthly basis as determined by the Project Officer. Units of measure appropriate to the type of work shall be used. “Lump sum” pricing of line items shall be avoided except where payment for that line item is to be requested based on 100% completion of that line item or where there is no other practical unit of measure.

(2) The cost of preparatory work (e.g., shop drawings or product submittals), field and home office overhead, profit, insurance, taxes, warranties, as-built drawings, etc., shall be pro-rated into items of physical work and not listed as separate line items. Cost of Performance and Payment Bonds may be listed as a single line item and not pro-rated. Also, cost of mobilization and demobilization relating to transportation or installation costs associated with such items as site trailers, heavy equipment, temporary batch plants, temporary on-site manufacturing and assembly facilities, temporary on-site quarters facilities, temporary sanitation facilities, temporary utility connections, and/or temporary secured storage facilities may be listed as line items and not pro-rated. If mobilization is listed separately, a line item for demobilization must be included and shall be at least 20 percent of the mobilization cost. A detailed listing of the items included and the individual cost for each item shall be provided in support of proposed amounts for mobilization and demobilization.

(b) Material stored on site may be included in earned progress if the Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform in contract.

(c) The following are instructions for submitting pay requests:

(1) Requests are to be submitted with an original signature and one copy to the billing office. Use of a format that complies with all of the requirements of the “Payments” clause of the contract is mandatory.

A sample format is available from the Contracting Officer.

(2) The Contractor is responsible for delivery of each request for payment to the billing office. Hand delivery to the COR in the field does not constitute delivery to the billing office.

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

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

Officer.

(e) The final payment request will be rejected and returned to the contractor if all items required under the contract have not been completed, submitted, approved, and accepted prior to the receipt of the request; e.g., deficient work items, as-built, payrolls, reports, O&M manuals, delivery of extra stock material, etc.

SECTION H–SPECIAL CONTRACT REQUIREMENTS

H.1 TERO (Tribal Employments Rights Ordinance)

The Contractor shall be responsible for all Tribal Employee Rights Organization (TERO) fees and adhering to TERO ordinances and Tribal taxes as required by the TERO Office of the Yakama Nation. It is the quoter’s responsibility to ascertain, determine and include any fees or other TERO rules impacting costs include them in the quoted price. Failure to do so will not constitute an adjustment to the contract price.

Yakama Nation TERO

16 S. Toppenish Ave.

Toppenish, WA. 98948

Phone: (509) 865-5121 Ext. 4479

Fax: (509) 865-6719

Fax: (509) 865-6060

The estimated TERO fee is 3% of the total award price with confirmation the responsibility of the

Quoter. The Government will notify the TERO office of the award of this contract.

H-2 SUBCONTRACTS

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

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

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

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

H-3 SUBCONTRACTING

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

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

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

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

(c) In the event of the contractor's noncompliance with the foregoing requirements, the Government may terminate this contract for default or take other appropriate action, including, but not limited to, requiring the contractor to terminate any such subcontract and substitute an eligible subcontractor in lieu thereof, at no increase in the contract price or time for performance.

(d) The term "subcontractor," as used in this clause, shall mean the individual or firm with whom the contractor proposes to enter into a subcontract for manufacturing, fabricating, installing, or otherwise performing work under this contract.

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

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

H-4 COORDINATION OF TRADES

The drawings are in part diagrammatic and show the general arrangement of ducts, piping, conduits, etc., of mechanical and electrical work. The contractor shall have a competent and registered engineer to coordinate all fieldwork and shop drawings of the various trades prior to installation and for submission of coordinated shop drawings for approval. Spaces shall be allotted to the various trades prior to the installation of the work. In spaces where all the various installations cannot be accommodated, the contractor shall, prior to fabrication or installation of work, notify the Contracting Officer and submit suggestions as to the solution. The contractor shall be responsible for the coordination of the various trades involving location and size of all sleeves, electric outlets, inserts, piping, shafts, conduits, hangers, ducts, and similar installations.

H-5 STANDARD REFERENCES

(a) Any materials, equipment, or workmanship specified by reference to the number, symbol, or title of any specific standard shall comply with the latest edition or revision thereof, and any amendment or supplement thereto, in effect on the date of the solicitation, except as limited to type, class or grade, or modified in the specifications.

(b) Standards referred to in the plans and specifications, except as modified, shall have full force and effect as though printed in the plans and specifications.

(c) The contractor shall maintain on the site, a complete current set of manufacturers' and standards referenced from work under the contract.

H-6 SPECIFICATIONS AND DRAWINGS

FAR 52.236-21, Specification and Drawings for Construction, states that the "Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided." The following will be provided by the Contracting Officer: The contract drawings and specifications will be furnished to the contractor in electronic PDF together with one (1) set of hard copy, to be provided after issuance of the Notice to Proceed.

H-7 AS BUILT DRAWINGS

The contractor shall maintain during the progress of the work one (1) set of completed and up to date blue line drawings, which shall be available for inspection by the Contracting Officer at any time. These drawings shall be marked up to record all changes in the work as they occur, and the exact location of all exposed and concealed pipe runs, valves, plugged outlets, cleanouts and other control points including, but not limited to, electrical conduits, and ducts, mechanical valves, shut-off switches, etc., in such a manner as will provide a complete, accurate as built record. The location of pipes or control points concealed underground, under concrete, in chases or above hung ceilings shall be dimensioned. In-progress as-built documentation will be reviewed with each progress payment request as a required element. The completed set of as built paper reproducible drawings shall be delivered to the Contracting

Officer, in a condition satisfactory to him. As built shall be submitted for review/approval as a condition precedent to the request for final inspection of the work.

H-8 PRODUCT APPROVAL

FAR 52.236-5, Material and Workmanship, states "[w]hen required by this contract or by the

Contracting Officer, the contractor shall also obtain the Contracting Officer's approval of the materials or articles which the contractor contemplates incorporating into the work. When requesting approval, the contractor shall provide full information concerning the material or articles. When directed to do so, the contractor shall submit samples for approval at the contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection."

(a) Approval of proposed materials or articles shall be only for the characteristics or use named in such approval and shall not be construed to change or modify any contract requirements, or relieve the

Contractor from any contract requirement. Before submitting requests for product approval, the

Contractor shall assure himself that the materials or equipment will be available in the quantities required. No change or substitution of approved materials or articles will be permitted after a request has been approved.

(b) Materials and equipment incorporated in the work shall match the approved materials or articles. If requested, approved samples, including those that may be damaged in testing, will be returned to the contractor, at his expense, upon completion of the contract. Samples not approved will also be returned at Contractor expense, if so requested.

(c) Failure of any material to pass the specified tests will be sufficient cause for refusal to consider, under this contract, any further requests for approval of the same brand or make of that material. The

Government reserves the right to disapprove any material or equipment that previously has proved unsatisfactory in service.

(d) Deviations from the contract requirements shall be specifically pointed out in transmittal letters.

Failure to point out deviations may result in subsequent rejection and removal of such work at no additional cost to the Government.

(e) Samples of various materials or equipment delivered on the site or in place may be taken by the

Contracting Officer for testing. Samples failing to meet contract requirements will automatically void previous approvals. The contractor shall replace such materials or equipment to meet contract requirements, or there shall be an adjustment of the contract price as determined by the Contracting

Officer.

(f) When tests are required, only one test of each sample proposed for use will be made at the expense of the Government. Samples which do not meet specification requirements will be rejected. Testing additional samples will be done by the Government at the expense of the contractor.

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

H-9 INSURANCE

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

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

Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

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

3. Automobile Liability: Automobile liability insurance written on the comprehensive form of policy.

The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H-10 PROJECT OFFICER

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

H-11 MATERIALS ON SITE

Unless otherwise provided in the specifications or drawings, materials removed and not reused under the contract shall become the property of the contractor. The contractor shall remove the materials from the work site. Storage or sale of the materials on the site will not be permitted.

H-12 SALVAGE

The Government does not assume responsibility for any loss or damage to materials removed and not reused under the contract that become the property of the contractor.

H-13 NEW WORK

Unless otherwise noted on drawings or specified, new work in extension of existing conditions shall correspond in all respects to similar existing conditions, in material, workmanship and finish.

H-14 EXISTING WORK

(a) Existing work shall be cut, drilled, altered, removed or temporarily removed and replaced for performance of work under the contract. Work replaced shall match similar existing work. Structural members shall not be cut or altered, except as shown, without authorization of the Contracting Officer.

Work remaining in place damaged or defaced during this contract shall be restored to the condition at time of award of contract.

(b) Discolored or unfinished surfaces exposed by removal of existing work and indicated to be the final exposed surfaces shall be refinished or the material shall be replaced to be uniform and harmonious with contiguous work. Work out of alignment, where exposed by removal of existing work, shall be called to the Contracting Officer's attention. Corrective work, directed by the Contracting Officer will be subject to adjustment of the contract in accordance with FAR 52.236 2, "Differing Site Conditions."

H-15 SANITARY CONVENIENCES

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

H-16 TRUCKING

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

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

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

H-17 EQUITABLE ADJUSTMENTS DUE TO CHANGES

(a) The Contractor shall submit a proposal for all changes in the work within fifteen (15) days from the effective date of the change order or request for proposal. With each proposal for a change involving an increase or decrease in the amount of the contract, the Contractor shall submit separately an itemized breakdown that will include, but not be limited to, the following:

(1) Material quantities and unit price. (Separated into trades)

(2) Labor costs (separate into labor classifications and hourly rates)

(3) Construction equipment

(4) Workmen's compensation

(5) Overhead

(6) Profit

(7) Employment taxes under FICA, FUTA and SUTA

(8) Bond (Prime Contractor only)

(9) Sales Tax

(10) Direct Performance Time of Change

(11) Impact on Schedule, if any

(12) Impact Costs, if any

(b) In considering proposals for changes involving added work, omitted work, or any combination thereof, estimates will be checked in detail by the Contracting Officer, utilizing unit prices where specified or agreed upon, with the view of arriving at equitable adjustments.

(c) When the necessity to proceed with a change does not allow sufficient time to properly check a proposal, or because of failure to reach an agreement, the Contracting Officer may direct the Contractor to proceed immediately with the work.

(d) Proposals and breakdown should be submitted as promptly as possible but in no event later than thirty (30) days.

(e) Should a proposal cost exceed $650,000 or is required for a lesser amount at the direction of the

Contracting Officer for a change, certified cost or pricing data should be submitted in a format which satisfies the requirements of FAR 15.4. When certified cost or pricing data are required, the Contractor shall submit an executed Certificate of Current Cost or Pricing Data (FAR 15.406-2) as soon as practicable after price agreement is reached.

(f) Allowable overhead, profit, and percentages are given below. These percentage shall be limited to three tiers only and shall be considered to include, but not limited to, all insurance other than FICA, FUTA, SUTA and Workmen's Compensation, field and office supervisors, assistants, and clerical personnel, use of small tools, incidental job burdens, and general office expense. Incidental job burdens include, but are not limited to, review and coordination, and estimating and expediting relative to contract changes that are associated with field and office supervision.

No percentages for overhead and profit shall be allowed on FICA, FUTA, or SUTA.

The percentages of overhead to be allowed by the Contracting Officer will be 10% for all contract changes performed by the Prime Contractor personnel and 5% for all contract change work performed by subcontract personnel.

The percentage for profit to be allowed by IHS will vary according to the nature, risk, extent, and complexity of work involved, but in no case shall exceed 10%. Percentages for overhead and profit will be as follows:

Overhead Profit

To subcontractors and/or to the Contractor for work performed with his own forces 10% 1% -

10%

To subcontractors and/or to the Contractor on work performed by other than his own forces 5% 1% -

5%

The percentage of profit is to be negotiated. The burden is on the Contractor to propose and justify to the Government the percentage of profit to be paid on each modification to the contract.

On proposals involving both increases and decreases in the amount of the contract, overhead and profit will be allowed on the net increases only. On net decreases, corresponding overhead and profit will be deducted.

Time Extension:

(g) When the Contractor submits a change proposal without including a corresponding Time Impact

Analysis meeting the requirements of the pertinent Specification Section, the Contractor acknowledges that the particular change order, modifications, delay or contract request does not require an extension of the contract time (or milestone) and the Contractor shall not thereafter be entitled to request or receive any such extension(s).

Delay and Impact Costs:

Any proposal for delay and impact costs that is not submitted within sixty (60) days after completion of the work identified in the change will not be considered. This requirement is in addition to the scheduling updates required for construction of the project. If there are circumstances which prevent the

Contractor from ascertaining delay for impact during this time, a status update, including but not limited to a critical path analysis, shall be submitted within this time and at sixty (60) day intervals thereafter, explaining why the Contractor cannot yet know the extent of the impact. If this is not done, a claim for delay will not be considered unless special circumstances are shown. This requirement is necessary to enable the Government to respond to any claims for delay in light of conditions then current.

H-18 ORDER OF PRECEDENCE - REQUIREMENTS, SPECIFICATIONS, DRAWINGS

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

(a) The Schedule Section B

(b) Section I Terms & Conditions

(c) Section H - Special Contract Requirements

(e) Section C – Statement of Work

(f) Drawings

1. Drawings, figured dimensions over scaled dimensions

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

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

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

H-19 SITE OWNERSHIP

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

H-20 HOURS OF WORK

Work Schedule: The building normal operating hours are 8:00 AM to 5:00 PM Monday through Friday except on government and Tribal holidays. In order to minimize the disturbance to the building operations, Contractor will be allowed to work during evenings and weekends. Upon award of contract, Contractor shall submit a work schedule proposal to the Project Officer for approval. All work hours shall be coordinated and approved with the Facility Manager.

SECTION I--CONTRACT CLAUSES

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

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

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

Number Title Date

52.204-10 Reporting Executive Compensation And First-Tier Subcontract

Awards (Applicable to contracts >$25,000 only)

Aug 2012

52.209-6 Protecting The Government's Interest When Subcontracting With

Contractors Debarred, Suspended, Or Proposed For Debarment (Applicable to contracts > $30K only)

Aug 2013

52.211-18 Variation in Estimated Quantity Apr 1984

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

52.219-14 Limitations on Subcontracting

(Applicable to Set Asides >$150K only)

Nov 2011

52.219-28 Post-Award Small Business Program Representation Jul 2013

52.222-3 Convict Labor Jun 2003

52.222-6 Davis-Bacon Act Jul 2005

52.222-7 Withholding Of Funds Feb 1988

52.222-8 Payrolls And Basic Records Jun 2010

52.222-9 Apprentices And Trainees Jul 2005

52.222-10 Compliance With Copeland Act Requirements Feb 1988

52.222-11 Subcontracts (Labor Standards) Jul 2005

52.222-12 Contract Termination – Debarment Feb 1988

52.222-13 Compliance With Davis-Bacon And Related Act Regulations Feb 1988

52.222-14 Disputes Concerning Labor Standards Feb 1988

52.222-15 Certification Of Eligibility Feb 1988

52.222-21 Prohibition Of Segregated Facilities Feb 1999

52.222-26 Equal Opportunity Mar 2007

52.222-27 Affirmative Action Compliance Requirements For Construction Feb 1999

52.222-36 Affirmative Action For Workers With Disabilities

(Applicable to contracts >$15K)

Oct 2010

52.222.40 Notification Of Employee Rights Under The National Labor

Relations Act (Applicable to contracts >$150K)

Dec 2010

52.222-50 Combating Trafficking In Persons Feb 2009

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

52.223-6 Drug-Free Workplace May 2001

52.223-18 Contractor Policy To Ban Text Messaging While Driving Sep 2010

52.225-13 Restrictions On Certain Foreign Purchases Jun 2008 https://www.acquisition.gov/far/ http://www.hhs.gov/policies/hhsar/

52.227-1 Authorization And Consent Dec 2007

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

52.227-4 Patent Indemnity--Construction Contracts Dec 2007

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

52.228-11 Pledge Of Assets Jan 2012

52.228-12 Prospective Subcontractor Requests For Bonds Oct 1995

52.228-14 Irrevocable Letter Of Credit Dec 1999

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

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

52.232-17 Interest Oct 2010

52.232-23 Assignment Of Claims Jan 1986

52.232-27 Prompt Payment For Construction Contracts Jul 2013

52.232-33 Payment By Electronic Funds Transfer—System For Award

Manager

Jul 2013

52.233-1 Disputes Alternate I (Dec 1991) Jul 2002

52.233-3 Protest After Award Aug 1996

52.233-4 Applicable Law For Breach Of Contract Claim Oct 2004

52.236-2 Differing Site Conditions Apr 1984

52.236-5 Material And Workmanship Apr 1984

52.236-6 Superintendence By The Contractor Apr 1984

52.236-7 Permits And Responsibilities Nov 1991

52.236-8 Other Contracts Apr 1984

52.236-9 Protection Of Existing Vegetation, Structures, Equipment, Utilities, And Improvements

Apr 1984

52.236-10 Operations And Storage Areas Apr 1984

52.236-11 Use And Possession Prior To Completion Apr 1984

52.236-12 Cleaning Up Apr 1984

52.236-14 Availability And Use Of Utility Services (a. electricity) Apr 1984

52.236-15 Schedules for Construction Contracts Apr 1984

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

52.236-26 Preconstruction Conference Feb 1995

52.243-5 Changes and changed conditions (Applicable to contracts <$150K) Apr 1984

52.244-6 Subcontracts For Commercial Items Dec 2013

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

Short form)

Apr 1984

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

52.253-1 Computer Generated Forms Jan 1991

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

Number Title Date

352.202-1 Definitions Jan 2006

352.201-70 Paperwork Reduction Act Jan 2006

352.223-70 Safety and Health Jan 2006

352.227-70 Publications And Publicity Jan 2006

352.242-71 Tobacco-free facilities Jan 2006

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

I.2 52.204-13 System for Award Management Maintenance. (Jul 2013)

(a) Definitions. As used in this clause—

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and

Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal contractors.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number assigned by D&B plus a

4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional

SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding

Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of

Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer

Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the

Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR

Subpart 4.14; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c)

(1)

(i) If a Contractor has legally changed its business name, doing business as name, or division name

(whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the https://acquisition.gov/far/current/html/Subpart%2032_11.html#wp1043964…