IPC_Peach_Springs _14-00012.pdf

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

DALLAS

Solicitation 14-161-SOL-00012

Improving Patient Care Remodel, Peach Springs Indian Health Clinic, Peach Springs, AZ; Project PH14CR16C9

April 2014

Solicitation Number: 14-161-SOL-00012 IPC Remodel, Peach Springs Health Center i

TABLE OF CONTENTS

A. STANDARD FORM 1442………………………………………..……….….…..1

B. SERVICES AND PRICE/COST………………………………..…….……..…..3

C. DESCRIPTION/SPECIFICATIONS/WORK STATEMENT……….….….…...4

D. PACKAGING AND MARKING……………………………………………......…6

E. INSPECTION AND ACCEPTANCE (CONSTRUCTION)….……..….……

F. DELIVERIES AND PERFORMANCE…………………….………………..…10

G. CONTRACT ADMINISTRATION DATA………………….…………….…….11

H. SPECIAL CONTRACT REQUIREMENTS…………….……………...……..14

I. CONTRACT CLAUSES (CONSTRUCTION) ………….…..……….……….18

J. LIST OF ATTACHMENTS………………………………………..….………...25

REPRESENTATIONS AND INSTRUCTIONS

K. REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

BIDDERS………………………………………………………….…….…..…...26

L. INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS…..…

M. EVALUATION FACTORS FOR AWARD………………………..……….…...41

Page 1 of XX

Standard Form 1442 Page 1 HERE

Standard Form 1442 Page 2 HERE

SECTION B

SERVICES AND PRICE/COST

B – 1. BID SCHEDULE

The Contractor's price shall be listed on the face of the Standard Form 1442. The total shall be all inclusive to provide for all labor, material, supplies, transportation, supervision and all other necessary items for a complete and usable project, performing all tasks in a workman-like manner in compliance with all plans, drawings, and specifications approved by the Government. In addition to the Total Price for the Job, the Bidder shall list the amount included in the Total Price to be paid as TERO fees and taxes and all amounts paid for required bonding in the spaces indicated on the SF1442. For additional information on required bonds, refer to Section L-8 for the Bid Bond and Section H-7 for Performance and Payment Bonds.

END OF SECTION

SECTION C

DESCRIPTION/WORK STATEMENT

C - 1. DESCRIPTION

As part of the Indian Health Service Improving Patient Care (IPC) model the Colorado River Service Unit had an Architect-Engineer (A-E) firm produce design documents to reconfigure the Peach Springs Health Center’s current outpatient clinic. This project is the construction portion of the IPC remodel design.

C - 2. GENERAL

a. The Contractor shall adhere to the following code requirements for equipment furnished and work performed, including testing, inspection, and commissioning:

All codes referred to on sheet G1.1 of the design drawings and all referenced codes within the specifications.

b. Project Safety

i. All work will comply with Occupational Safety and Health Act – CFR1926.

ii. Subcontractor shall supply all required worksite safety equipment.

iii. Subcontractors will be required to submit and adhere to the following:

1. MSDS construction binder for all products used onsite.

2. Project specific site safety plan.

3. Project specific activity hazard analysis.

4. Project specific safety plans i.e.; fall protection, excavation, scaffolding, confined space, crane plan.

iv. Contractor shall be responsible for complete and strict compliance with the facilities policies including the safety policy and infection control policy.

c. Schedule

i. The Contactor shall provide a detailed Construction Schedule for all work to be performed per plans at the pre-construction conference that must list all tasks as completed within the contract performance period. The Construction Schedule shall be presented in Microsoft Project 2010 format. The Contracting Officer or the Contracting Officer’s Representative (COR) shall review the schedule to ensure it meets with facility requirements and either approve or return it for revision. The Contract Schedule must be approved before commencing work.

ii. This project is to be completed while the outpatient clinic remains in operation. The project schedule shall yield to the requirements of the hospital. The Contractor shall provide a construction phasing plan at the Pre-Construction Conference to ensure the outpatient clinic has a minimum of five (5) rooms available for patient care at all times. When approved, the Contractor shall follow the construction phasing plan.

iii. Normal work hours for this project shall be the same as the Peach Springs Health Clinic (PSHC) daytime hours of operation: 7:00 am – 5:00 pm, Monday through Friday (excluding Federal holidays). Requests to work outside these hours must be approved by the Contracting Officer. Requests for work outside of these hours must be submitted in writing to the Contracting Officer with a copy to the Contracting Officer’s Representative not less than 72 hours in advance of the proposed modified schedule.

iv. Work closely with PSHC personnel to schedule work, but any variances from the Contract Schedule must be coordinated with the COR first and approved by the Contacting Officer before becoming effective. Work shall minimize impact to the facility operations. Schedule work at least (10) ten working days in advance of an activity to be performed on-site.

C - 3. SCOPE OF WORK

The work required under this project shall be pursuant to the signed set of construction plans, titled Peach Springs Indian Health Center Renovations, Peach Springs, AZ, Construction Documents, dated December 20, 2013, Attachments 4 and 5 to this Contract.

C - 4. DELIVERABLES

a. The Contract Schedule submitted at the pre-construction conference (refer to C – 2.c., above.).

b. All submittals identified below. Submittals must be provided two weeks prior to the pre-construction conference to allow adequate review time. Any issues concerning required submittals will be discussed at the conference. Submittals shall include the following:

i. All material- and construction-required submittals following the format in Section 013300 Submittals per design drawings and specifications; See Section J, Attachment 2 to the Contract, “Shop Drawings and Sample Requirements”;

ii. Material Safety Data Sheets for all products;

iii. Cut Sheets;

iv. Manufactures warranties; and

v. Results of required tests per specifications.

c. Provide all redline drawings to BWS Architects at the completion of the project so they may prepare as-built drawings from the redline drawings.

d. Operations and Maintenance Manual. Provide (2) hard copy sets and (1) digital copy of operation and maintenance manuals for all equipment furnished under this contract.

e. Training. The contractor shall schedule and present a minimum of 8 hours of documented formalized instruction for the building Owner on all new systems and added equipment, detailing the proper operation of the installed systems.

SECTION D

PACKAGING AND MARKING

D – 1. PACKAGING AND MARKING

(a) All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the Indian Health Service. Preservation, packaging and packing shall be in accordance with industry standard packaging appropriate for the item(s) involved. The Indian Health Service is not responsible in any manner for deliveries intended for the project that are not generated by the Indian Health Service.

(b) Equipment and materials provided by the Contractor shall be new and, where appropriate, shall arrive on-site sealed in original manufacturer’s containers. The Government reserves the right to refuse any items deemed to not meet this requirement.

SECTION E

INSPECTION AND ACCEPTANCE (CONSTRUCTION)

E – 1 INSPECTION OF CONSTRUCTION (AUG 1996), FAR 52.236-12

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

(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.

(End of Clause)

E – 2. DAILY REPORTING REQUIREMENT

(a) The Contractor shall prepare and file a "Contractor's Daily Report", for each scheduled workday of the contract performance period.

(b) The daily reports shall be delivered not later than 10:00 am via email to the Contracting Officer and the COR or other individual(s) designated by the Contracting Officer.

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

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

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

If no work was performed on a scheduled work day, a daily report must be submitted indicating this and the reasons.

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

E – 3. SUBSTANTIAL COMPLETION -- FINAL INSPECTION

E-2.1 SUBSTANTIAL COMPLETION

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

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

(c) The substantial completion inspection should be at least 30 days prior to the contractual completion date and the date of final inspection. The Substantial Completion inspection shall be included as a milestone on the contractor’s performance schedule. The contractor shall notify the Contracting Officer at least 10 days in advance of the proposed Substantial Completion inspection to allow for scheduling the inspection.

(d) If, at the time of the substantial completion inspection, the Government finds that the contractor will not have the project complete by the time required for final inspection, which is the contract completion date, the Contracting Officer will withhold 10% of any progress payment request submitted by the contractor. These funds will be used to off-set any liquidated or actual damages assessed against the contractor. All remaining funds will be released upon successfully passing final inspection and completion of the contract.

E-2.2 FINAL INSPECTION

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

(b) No later than the date of and before the physical Final Inspection, all the following actions must be completed:

• removal of all trailers;

• removal of construction signs and all debris, including left over construction materials;

• all punch list items resolved;

• Equipment and other operation manuals provided to the Government turned over and all as built drawings completed and turned over to the Government;

• final clean-up of the project site.

(c) If the contractor fails to have all tasks completed in preparation for the Final Inspection, the Final Inspection may be postponed and may result in assessment of damages as specified in the contract.

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

SECTION F

DELIVERIES AND PERFORMANCE

F – 1. FAR 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF

WORK (APR 1984)

The Contractor shall be required to:

(a) Commence work under this contract within the number of calendar days specified elsewhere in the contract 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 one hundred-eighty (180) calendar days after the Contractor receives the notice to proceed. The time stated for completion shall include all training and deliverables; as well as Substantial Completion Inspection, final cleanup of the project site and Final Inspection.

(End of Clause)

F – 2. SUPERINTENDENT ON SITE AT ALL TIMES

The contractor will ensure that the Project Superintendent is on site at all times work is being performed by the contractor or subcontractor(s). They shall directly oversee all apprentice and subcontractor work. The Project Superintendent is also responsible to ensure all labor and safety requirements are complied with;

and ensure that the worksite is cleaned up at the end of each work day.

All communications between the IHS and contractor concerning the day-to-day workmanship on the project will be handled through the Project Superintendent and they MUST have the authority to act on behalf of the Contractor in all contractual matters.

F – 3. CONTRACTOR PERFORMANCE EVALUATION

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

(b) If a deficiency is noted the Contracting Officer and will inform the Contractor and advised on corrective actions.

(c) Continuous satisfactory performance on all phases of the contract is required. Failure to do meet this performance requirement could result in the contract being terminated or employment of other contract remedies by the Government.

SECTION G

CONTRACT ADMINISTRATION DATA

G – 1. CONTRACTING OFFICER

The Contracting Officer (CO) is the individual appointed with the authority to enter into, obligate funds, administer and make related determinations pertaining to the contract on behalf of the federal Government. The Contracting Officer must sign all contractual documents, including contract modifications, and approve payment requests. The Contracting Officer is the only individual authorized to make changes to the contract that impact price, time or the scope of the project.

G – 2. CONTRACTING OFFICER'S REPRESENTATIVES

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

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

(c) The COR may approve minor field deviations which do not affect the scope, period of performance or price of the contract. The COR is authorized to issue notices regarding noncompliance of contract requirements, and to stop work on any portion of the project where the Contractor's methods have caused or are causing unsafe conditions or will result in completed work that is not compliant with the contract that would be impracticable to correct or to replace while permitting other (conforming) portions of the work to continue. Issuance of a Notice of Noncompliance as described herein does not constitute a suspension of work as described in Section I, the clause at FAR 52.242- 14, Suspension of Work.

(d) The CO will appoint the COR writing and forward a copy of the COR appointment letter so the Contractor can review their duties and responsibilities.

G – 3. ADDRESS FOR CORRESPONDENCE

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

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

Indian Health Service Division of Engineering Services 1301 Young St. Suite 1071 Dallas, Texas 75202-5433 Telephone Numbers: Commercial: (214) 767-3492

G – 4. IDENTIFICATION OF CONTRACTOR EMPLOYEES

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

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

G – 5. INVOICE REQUIREMENTS

(a) Invoices shall be prepared, submitted and paid in accordance with the following FAR clauses specified in Section I:

(1) 52.232-5, Payments under Fixed-Price Construction Contracts (Sept 2002)

(2) 52.232-27, Prompt Payment for Construction Contracts (Jul 2013)

(3) 52.232-33, Payment by Electronic Funds Transfer-- System for Award Management (Jul 2013)

(4) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

(b) The Designated Billing Office for this contract is the same as the address for correspondence, sent to the attention of the Contracting Officer. Invoices that have been verified as correct by the COR may be either mailed to the CO at this address or emailed to the CO, unless otherwise instructed by the CO.

(c) Progress payments will be authorized for this project.

(d) The final invoice must be marked “Final” and be accompanied by a Release of Claims form, which lists the final payment as outstanding, in the Remarks field. The Release of Claims form is available from the CO. Final payment will be made within 30 Calendar days upon receipt of a properly executed invoice.

(e) The contractor will contact the Designated Billing Office with any payment issues or concerns.

Note: In accordance with FAR52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) -- Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. This applies to all small business subcontractors at all tier levels.

G – 6. SCHEDULE OF VALUES

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

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

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

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

(2) As-built (red line) drawings shall be a separate line item.

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

(4) Mobilization shall be a separate line item.

(5) Demobilization shall be a separate line item.

(6) General condition price (daily operating expenses) shall be a separate line item.

(7) The price associated with preparatory work, overhead, profit, insurance, warranties and permits shall be a separate line item.

(8) Taxes shall be a separate line item. This line should include all tribal taxes and fees. When payment for Tribal taxes and fees is requested, this line item must be accompanied by either a copy of a paid receipt, or a copy of a cancelled check.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H – 1. CONTRACT SAFETY AND ACCIDENT PREVENTION

This contract is for construction and maintenance; and could include dismantling, demolition and removal, as well as remediation and abatement.

The Contractor shall comply with all pertinent provisions of the latest version, of all Federal and State OSHA Health and Safety Standards in the performance of task orders issued under the contract. These standards are hereby included into this contract in full force and effect, and the most stringent of the standards in effect on the date of the solicitation, will apply.

If at any time the contractor is advised by an authorized Safety Officer to cease and desist work and correct a safety issue, the contractor’s personnel MUST stop work, correct the issue to the satisfaction of the Safety Officer, and the superintendent MUST contact the CO/COR, and inform them of the incident. At any time the CO/COR can also stop work for a safety violation or concern.

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

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

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

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

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

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

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

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

H – 2. CONTRACTOR’S DUTY TO SEEK CLARIFICATION

(a) This written contract and any and all identified writings or documents incorporated by reference or physically attached constitute the parties’ complete agreement and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify or contradict it. During the execution of this contract, if the Contractor finds what is believed to be an ambiguity or discrepancy, they must immediately notify the Contracting Officer to obtain clarification and any necessary performance instructions. If the contractor fails to provide timely notice of such ambiguity or discrepancy after it is determined the Contractor knew or should have known of it or them, the Contractor shall hold the Government harmless for any damages or expense experienced as a result of said ambiguity or discrepancy and the Contract must fulfill the intent of the complete agreement.

(b) Any ambiguity found in the contract will not be strictly construed against the drafter of the contract language, but will be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time the contract was signed.

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

H – 3. RESERVATION REGULATIONS

(a) The Contractor, its employees and subcontractors shall become familiar with and obey the regulations of the applicable Indian Reservation including fire, traffic, safety and security regulations while on the Reservation or installation. Those individuals driving motor vehicles shall observe and obey all speed limits posted throughout the reservation. Personnel should not enter restricted areas unless required to do so and only upon prior approval. All contractor employees and subcontractors shall carry proper personal identification with them at all times.

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

H – 4. ACCIDENT REPORTING

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

H – 5. APPLICABLE WAGE RATES

The applicable Tribal Employment Rights Office (TERO) or the Tribal Office of Labor Relations may require contractors performing work on Tribal land to use TERO or Tribal Office of Labor Relations wage rates for employees working on such projects. However, the Davis Bacon Act applies to all federal contracts and Davis Bacon wage rates take precedence to Tribal wage rates under this contract. If the TERO or Tribal Office of Labor Relations insists the Contractor use their wage rates, the Contractor should contact the Contracting Officer for assistance.

H – 6. CONTRACTOR’S PROJECT SUPERINTENDENT

The Contractor shall provide the Contracting Officer the names and contact information for the Project Superintendent at or before the Pre-Construction conference. The Superintendent should attend the Pre- Construction conference, but must be on-site any time work is being performed, including work by subcontractors. The Superintendent must be empowered to make binding decisions on behalf of the Contractor. The assigned Superintendent should remain in place during the entire project construction.

However, when a change in Superintendents will occur, the Contractor shall notify the Contracting Officer as soon as the change is known.

H – 7. PERFORMANCE AND PAYMENT BONDS -- CONSTRUCTION (OCT 2010) FAR

52.228-15

(a) Definitions. As used in this clause --

“Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance Bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier’s check, irrevocable letter of credit, or, in accordance with Treasury

Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782 Or via the internet at http://www.fms.treas.gov/c570/ .

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of Clause)

H – 8. MEANING OF CERTAIN TERMS

The terms “offer or “offers and “Offeror” or “Offerors”, used anywhere within this solicitation and resultant contract, shall have the same meaning as “bid” or “bids” and “Bidder” or “Bidders”, respectively.

Where the term “proposal” is used in this solicitation and resultant contract, the meaning may be construed as “bid”, but alternately may actually mean “proposal”, depending on whether the term’s use is relative to a potential or actual Contractor priced submission after contract award.

http://www.fms.treas.gov/c570/

SECTION I

CONTRACT CLAUSES (CONSTRUCTION)

I – 1. FAR 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 $250.00 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.

(End of Clause)

I – 2. FAR 52.225-9 BUY AMERICAN ACT–CONSTRUCTION MATERIALS

(SEP 2010)

(a) Definitions. As used in this clause--

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

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

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

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

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

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

App. 1702), such as agricultural products and petroleum products.

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

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

“Cost of components” means--

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

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

“Domestic construction material” means—

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

(2) A construction material manufactured in the United States, if—

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

NONE

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

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

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

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

Foreign and Domestic Construction Materials Price Comparison

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

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

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

[Include other applicable supporting information.]

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

(End of Clause)

I – 3. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (Nov 2013) This contract incorporates the following FAR and HHSR 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 address: http://farsite.hill.af.mil

CLAUSE NO. TITLE

FAR 52.202-1 Definitions (Nov 2013) with the following changes authorized by the Health and Human Services Acquisition Regulation (HHSAR) 352.202-1 (Jan 2006):

(a) In accordance with 52.202–1(a)(1), substitute the following as paragraph (a):

“(a) The term “Secretary” or “Head of the Agency” (also called “Agency Head”) means the Secretary, Deputy Secretary, or any Assistant Secretary, Administrator or Commissioner of the Department of Health and Human Services; and the term “his/her duly authorized representative” means any person, persons, or board authorized to act for the Secretary.”

(b) In accordance with 52.202–1(a)(1), add the following paragraph (h):

“(h) The term “Contracting Officer's Technical Representative” means the person who monitors the technical aspects of contract performance. The Contracting Officer's Technical Representative is not authorized to issue any instructions or directions which cause any increase or decrease in the Statement of Work/Performance Work Statement/Specifications which would result in the increase or decrease in the price of this contract, or changes in the delivery schedule or period of performance of this contract. If applicable, the Contracting Officer's Technical Representative is not authorized to receive or act upon any notification or revised cost estimate provided by the Contractor in accordance with the Limitation of Cost or Limitation of Funds clauses of this contract.”

CLAUSE NO. TITLE

FAR 52.203-3 Gratuities (Apr 1984)

FAR 52.203-5 Covenant Against Contingent Fees (Apr 1984)

FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006)

FAR 52.203-7 Anti-Kickback Procedures (Oct 2010)

FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997)

FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (Jan 1997)

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Sep 2013)

FAR 52.204-4 Printed/Copied Double Sided on Recycled Paper (May 2011)

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013)

FAR 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013)

FAR 52.211-13 Time Extensions (Sept 2000) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/Far/52_000.htm#P104_16533

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

FAR 52.219-8 Utilization of Small Business Concerns (Jul 2013)

FAR 52.219-14 Limitations on Subcontracting (Nov 2011) (Applies only to Small Business Concerns) Extract from clause:

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

FAR 52.219-28 Post-Award Small Business Program Representation (Jul 2013)

FAR 52.222-3 Convict Labor (Jun 2003)

FAR 52.222-6 Davis-Bacon Act (Jul 2005)

FAR 52.222-7 Withholding of Funds (Feb 1988)

FAR 52.222-8 Payrolls and Basic Records (Jun 2010)

FAR 52.222-9 Apprentices and Trainees (Jul 2005)

FAR 52.222-10 Compliance with Copeland Act Requirements (Feb 1988)

FAR 52.222-11 Subcontracts (Labor Standards) (Jul 2005)

FAR 52.222-12 Contract Termination-Debarment (Feb 1988)

FAR 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (Feb 1988)

FAR 52.222-14 Disputes Concerning Labor Standards (Feb 1988)

FAR 52.222-15 Certification of Eligibility (Feb 1988)

FAR 52.222-21 Prohibition of Segregated Facilities (Feb 1999)

FAR 52.222-26 Equal Opportunity (MAR 2007) & Alternate I (Feb 1999) (Blank is completed as follows: Work on or near Indian Reservations. A contractor may extend a publicly announced preference in employment to Indians living on or near an Indian Reservation in connection with employment opportunities.)

FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (Feb 1999)

FAR 52.222-35 Equal Opportunity for Veterans (Sep 2010)

FAR 52.222-36 Affirmative Action for Workers with Disabilities (Oct 2010)

FAR 52.222-37 Employment Reports on Veterans (Sep 2010)

FAR 52.222-38 Compliance with Veterans’ Employment Reporting Requirements (Sep 2010)

FAR 52.222-50 Combating Trafficking in Persons (Feb 2009)

FAR 52.222-54 Employment Eligibility Verification (Jul 2012)

FAR 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997) & Alternate I (Jul 1995)

FAR 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

FAR 52.223-6 Drug-Free Workplace (MAY 2001)

FAR 52.223-12 Refrigeration Equipment and Air Conditioners (May 1995)

FAR 52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

FAR 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (May 2008)

FAR 52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving (Aug 2011)

FAR 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008)

FAR 52.227-1 Authorization and Consent (Dec 2007)

FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

FAR 52.227-4 Patent Indemnity-Construction Contracts (Dec 2007)

FAR 52.228-2 Additional Bond Security (Oct 1997)

FAR 52.228-5 Insurance Work on a Government Installation (Jan 1997)

FAR 52.228-11 Pledge of Assets (Jan 2012)

FAR 52.228-12 Prospective Subcontractor Requests for Bonds (Oct 1995)

FAR 52.228-14 Irrevocable Letter of Credit (Dec 1999)

FAR 52.228-15 Performance and Payment Bonds -- Construction (Oct 2010)

FAR 52.229-3 Federal, State, and Local Taxes (Feb 2013)

FAR 52.232-5 Payments under Fixed-Price Construction…