15-102-SOL-00009_IFB.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

15-102-SOL-00009

2. TYPE OF SOLICITATION

SEALED BID (IFB)

(RFP)

3. DATE ISSUED

Oct. 22, PAGE OF PAGES

57 + attachments

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Indian Health Service – DES

701 Fifth Avenue, Suite 1600 MS-24

Seattle, WA 98104

Phoenix Area Indian Health Service

Two Renaissance Square

40 N. Central Ave., Suite 600

Phoenix, AZ 85004-4424 See L.5 Submission of Bids

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 Invitation For Bids (IFB) construction contract.

15-102-SOL-00009

Fort Yuma Health Care Center

Winterhaven, CA (Fort Yuma Indian Reservation)

Total Small Business Set Aside - See I.2

NAICS – 236220 Commercial & Institutional Bldg. Construction $36.5 million size class.

Construction range estimate is: between $25 million and $35 million

Bids are due at 3:00 pm local time, December 2, 2015 or if changed by amendment to this solicitation - See L.5

52.214-05 Submission of Bids.

Pre-Bid meeting and site visit scheduled for November 5, 2015 See L.12 52.236-27 Site Visit (Construction)

All Solicitation/Bid Inquires shall follow instructions in L-6 52.214-6 Explanation to Prospective Bidders

11. The Contractor shall begin performance within 7 calendar days and complete it within 550 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See F.1 52.211-10.)

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

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

YES

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Offers per this solicitation to perform the work required are due at the place specified in Block 8 by 3:00pm local time 12/02/15 unless changed by amendment. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required. Required – see L.11

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

D. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

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

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

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CAGE CODE DUNS No.

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 90 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.)

–Lump Sum Bid Price (See Section B-1 on following page) - $_____________________________________

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN Offer (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

Block 7

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

SIGNATURE ONLY FOR IF & WHEN AWARDED.

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

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

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

15-102-SOL-00009

Fort Yuma Health Care Center

B-1 SCHEDULE of ITEMS

Invitation for Bid (IFB)

B-1 CONTRACT LINE ITEM NUMBER (CLIN) 0001 – CONTSTRUCTION OF THE NEW

FORT YUMA HEALTH CARE CENTER:

The Contractor shall include a lump sum, firm fixed bid price to construct the new Ft Yuma Health Care

Center in accordance with the detailed design and specification documents and all other requirements included in this solicitation and resultant contract. In accordance with the terms and conditions stated herein, the Contractor shall furnish all labor, material, equipment and incidentals required for the performance of this contract. The Lump Sum Firm Fixed Price to complete CLIN 0001 shall be entered in Block 17 of the SF1442. The Lump Sum Firm Fixed Price entered in Block 17 of the SF1442 shall be utilized for price evaluation and award determination purposes.

B-2 DEFINITIONS

For purposes of this solicitation, the terms Offer, Offeror, or Offerors are synonymous with the terms

Bid, Bidder, or Bidders.

PART I

THE SCHEDULE

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

C-1 SPECIFICATION/WORK STATEMENT

The Contractor shall perform the construction of the new Fort Yuma Health Care Center in accordance with the following:

(a) The clauses, provisions, and all other requirements of this solicitation and resultant contract;

(b) The plans and specifications included as attachments in Section J of this solicitation and resultant contract;

(c) Other documents, exhibits, and attachments listed in Section J of this solicitation and resultant contract.

Funding for this federal facility has been appropriated by the United States Government. The contract resulting from this solicitation is a federal contract. Hence, this requirement is being solicited and shall be administered pursuant to the Federal Acquisition Regulation by the Indian Health Service.

C-2 LOCATION

The facility will be constructed on a 12.3 acre parcel of land, located within the Fort Yuma Indian

Reservation, in Winterhaven, Imperial County, CA 92283, between Quechan Drive, Picacho Road and

Agnes Road.

SECTION D--PACKAGING AND MARKING

No clauses in this Section.

SECTION E--INSPECTION AND ACCEPTANCE

E-1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

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

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

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the

Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

SECTION F--DELIVERIES OR PERFORMANCE

F-1 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF THE WORK

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 7 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) ensure the entire work is determined to be substantially complete in within 550 calendar days of the Notice to

Proceed. The time stated for completion shall include final cleanup of the premises. Notice to Proceed shall be issued after receipt of approved Performance and Payment bonds.

(End of clause)

F-2 52.211-11 LIQUIDATED DAMAGES-SUPPLIES, SERVICES, OR RESEARCH AND

DEVELOPMENT (SEPT 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of

$1,734.00 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default-Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the

Default-Fixed-Price Supply and Service clause in this contract.

(End of clause)

F-3 52.211-13 TIME EXTENSIONS (SEPT 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

(End of Clause)

F-4 52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted--

(1) By an act of the Contracting Officer in the administration of this contract, or

(2) By the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed --

(1) For any costs incurred more than 20 days before the Contractor shall have notified the

Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

PART I—THE SCHEDULE

SECTION G—CONTRACT ADMINISTRATION DATA

G-1 CONTRACTING OFFICER

Contracting Officer means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment requests, reviews and makes final decisions on contractual discrepancies, and administers the contract. The

Contracting Officer is the only individual authorized to make changes to the contract.

G-2 CONTRACTING OFFICER’S REPRESENTATIVE (s) (COR)

(a) Contracting Officer's Representatives (COR), will be appointed for the purpose of representing the

Contracting Officer and assuring compliance with the contract requirements.

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

(c) The COR may approve minor field changes which do not affect the scope, period of performance and/or price of the contract. The COR is authorized to issue notices regarding noncompliance of contract requirements, and to stop work on any portion of the job if the Contractor's methods cause unsafe conditions or will result in noncompliant work which would be impracticable to correct or to replace while permitting other (conforming) portions of the work to continue. Issuance of a Notice of Noncompliance as described herein does not constitute a suspension of work as described in F.4

52.242-14, Suspension of Work (April 1984).

G-3 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 and COR, 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 COR. 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

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

(1) Requests for payment are to be submitted with signature for the Contractor certification statement to the Designated Billing Office. Electronic submittal of the pay request is acceptable.

Use of a format that complies with all of the requirements of the “Payments” clause of the contract is mandatory.

(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.

G-4 ADMINISTRATIVE CONTRACTING OFFICER

William Standley is hereby designated as the Administrative Contracting Officer (ACO) for the contract.

All correspondence and inquiries concerning administration of this contract should be addressed to the

ACO at William.Standley@ihs.gov or the address listed in Block 7 (page 1) of this document.

(Solicitation inquiries shall follow instructions in L.6) mailto:William.Standley@ihs.gov

SECTION H–SPECIAL CONTRACT REQUIREMENTS

H-1 TERO (Tribal Employment Rights Ordinance)

The Contractor is responsible to pay all applicable Tribal fees and/or taxes, or applicable requirements that may be incurred as a result of this project. It is the responsibility of prospective bidders to contact the Quechan TERO Employment Rights Office to confirm their obligations if awarded this contract and account for any applicable fees, efforts and impacts within their bid price. Failure on the part of the successful Bidder/Offeror not to include these fees or the appropriate impacts will not constitute a request for an equitable adjustment to the contract price.

The Contractor is also responsible for complying with I.12 352.270-2 Indian Preference and I.13

352.270-3 Indian Preference Program. The Contractor shall coordinate with the cognizant TERO office regarding the Contractor’s obligations under these clauses.

Quechan Tribe TERO Contact:

Mr. Melvin Miguel, TERO Director – 706-572-0213 Ext. 231

P.O. Box 1899

Yuma, AZ 85366

See Section J, Attachment H – TERO Guide.

H-2 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-3 INSURANCE

I.6 - 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. Broad form comprehensive commercial general liability insurance in the amount of at least

$3,000,000 per occurrence. Such insurance shall include, but not be limited to, contractual liability, bodily injury and property damage.

3. Automobile Liability: Automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H-4 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.

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-5 TRUCKING

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

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

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

H-6 EQUITABLE ADJUSTMENTS DUE TO CHANGES

(a) The Contractor shall submit a proposal response for all changes in the work within fifteen (15) days from the effective date of the change order or request for proposal issued by the Government unless stated otherwise by the Contracting officer. 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. The Contractor shall proceed diligently with the work as directed by the Contracting Officer.

(d) Proposals and breakdown should be submitted as promptly as possible but in no event later than thirty (30) days. See (i) for where and how to submit.

(e) Should a proposal cost exceed $750,000 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:

To subcontractors and/or to the Contractor for work performed with its own forces.

Overhead – 10% Profit: 1% – 10%

To subcontractors and/or to the Contractor on work performed by other than its own forces Overhead – 5% Profit: 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.

(g) Time Extension: 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).

(h.) 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.

(i) Submission of Equitable Adjustments. The Contractor shall submit any request for equitable adjustment to the identified Administrative Contracting Officer and Contracting Officer’s

Representative via electronic mail in accordance with the terms and conditions included in this clause.

H-7 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) Section A (SF-1442) & B (Schedule of Items)

(b) Section E, F, G, and I

(c) Section H - Special Contract Requirements

(d) Section C – Specifications - Attachments C1 & C2

(e) Section C - Drawings/Plans – Attachments B1, B2 & B3

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-8 SITE OWNERSHIP

Bidders are notified that this project will be performed on the Fort Yuma Indian Reservation, the Indian

Health Service holds an ongoing leasehold interest in the trust land, and the resulting construction project is to be owned by the Indian Health Service.

H-9 HOURS OF WORK and ACTIVE GOVERNMENT OPERATIONS

The Government shall consider normal work days and hours as Monday through Friday, 6:00 AM to

5:00 PM, excluding federal holidays. The Contractor shall work within these hours as deemed appropriate for all construction activities. Any deviations to the work schedule within these work days and hours are acceptable, and do not require notification to the Government. If deviations outside of these hours are desired the Contractor shall notify the Contracting Officer at a minimum of 48-hours in advance of performing work outside the normal hours or days.

H-10 ACCIDENT PREVENTION

The Contractor, before commencing work, shall submit for approval a written Safety and Accident

Prevention Plan showing how they will comply with I.14 52-236-13 Alternate I. The Contractor shall also designate in writing the individual who is responsible for identifying and correcting safety hazards or violations on the job site.

H-11 PRECONSTRUCTION CONFERENCE

The Contracting Officer will conduct a post award, pre-construction conference per FAR 52.236-26, Preconstruction Conference, included by reference in Section I. It will be held at the construction site in

Fort Yuma, AZ. The CO, COR, and Contractor are required to participate. The CO may designate required attendance for sub-contractors.

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 two web addresses - This for FAR:

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

And for HHSAR: http://www.hhs.gov/policies/hhsar/

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

Number Title Date

52.203-12 Limitations on Payments to Influence Certain Federal

Transactions

Oct 2010

52.203-13 Contractor Code of Ethics and Conduct Oct 2015

52.203-14 Display of Hotline Poster(s) Oct 2015

52.204-7 System for Award Management in full at L.2 (section L) Jul 2013

52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

52.204-10 Reporting Executive Compensation And First-Tier

Subcontract Awards

Oct 2015

52.204-13 System for Award Management Maintenance Jul 2013

52.204-14 Service Contract Reporting Requirements Jan 2014

52.204-19 Incorporation by Reference of Representations and

Certifications

Dec 2014

52.209-6 Protecting The Government's Interest When

Subcontracting With Contractors Debarred, Suspended, Or Proposed For Debarment

Aug 2013

52.214-26 Audit and Records – Sealed Bidding Oct 2010

52.214-27 Price Reduction for Defective Certified Cost or Pricing

Data – Modifications – Sealed Bidding

Aug 2011

52.214-28 Subcontractor Certified Cost or Pricing Data –

Modifications – Sealed Bidding

Oct 2010

52.219-6 Notice of Total Small Business Set-Aside in full at I.2 Nov 2011

52.219-8 Utilization of Small Business Concerns Oct 2014

52.219-14 Limitations on Subcontracting in full at I.3 Nov 2011

52.219-28 Post-Award Small Business Program Re-representation Jul 2013

52.222-3 Convict Labor Jun 2003

52.222-4 Contract Work Hours and Safety Standards Act-Overtime May 2014

52.222-6 Construction Wage Rate Requirements May 2014

52.222-7 Withholding Of Funds May 2014

52.222-8 Payrolls And Basic Records May 2014

52.222-9 Apprentices And Trainees Jul 2005 https://www.acquisition.gov/far/ http://www.hhs.gov/policies/hhsar/

52.222-10 Compliance With Copeland Act Requirements May 2014

52.222-11 Subcontracts (Labor Standards) May 2014

52.222-12 Contract Termination – Debarment May 2014

52.222-13 Compliance With Davis-Bacon And Related Act

Regulations

May 2014

52.222-14 Disputes Concerning Labor Standards Feb 1988

52.222-15 Certification Of Eligibility in full at I.4 May 2014

52.222-21 Prohibition Of Segregated Facilities Apr 2015

52.222-26 Equal Opportunity Apr 2015

52.222-27 Affirmative Action Compliance Requirements For

Construction

Apr 2015

52.222-35 Equal Opportunity for Veterans Oct 2015

52.222-36 Affirmative Action For Workers With Disabilities Jul 2014

52.222-37 Employment Reports On Veterans Oct 2014

52.228-38 Compliance with Veteran’s Employment Reporting

Requirements

Sep 2010

52.222.40 Notification Of Employee Rights Under The National

Labor Relations Act

Dec 2010

52.222-50 Combating Trafficking In Persons Mar 2015

52.222-54 Employment Eligibility Verification Oct 2015

52.222-55 Minimum Wages Under Executive Order 13658 Dec 2014

52.223-5 Pollution Prevention And Right-To-Know Information

Alt I (Alt I May 2011)

May 2011

52.223-6 Drug-Free Workplace May 2001

52.223-17 Affirmative Procurement of EPA-designated Items in

Service and Construction Contracts

(May 2008)

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

52.225-11 Buy American – Construction Materials Under Trade

Agreements in full at I.5

May 2014

52.225-13 Restrictions On Certain Foreign Purchases Jun 2008

52.227-1 Authorization And Consent Dec 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

Dec 2007

52.227-4 Patent Indemnity--Construction Contracts Dec 2007

52.228-2 Additional Bond Security Oct 1997

52.228-5 Insurance – Work on Government Installation in full at I.6 Jan 1997

52.228-11 Pledge Of Assets Jan 2012

52.228-12 Prospective Subcontractor Requests For Bonds May 2014

52.228-14 Irrevocable Letter Of Credit May 2014

52.228-15 Performance and Payment Bonds – Construction in full at

I.7

Oct 2010

52.229-3 Federal, State, And Local Taxes As a reminder all bidders are responsible for allowing for all applicable state, local and tribal taxes and fees within their bids and to perform their own due dilligence in ascertaining them.

Failure to do so will not constitute a request for an equitable adjustment to the contract price.

Feb 2013

52.232-5 Payments Under Fixed-Price Construction Contracts May 2014

52.232-17 Interest May 2014

52.232-23 Assignment Of Claims May 2014

52.232-27 Prompt Payment For Construction Contracts May 2014

52.232-33 Payment By Electronic Funds Transfer—System for

Award Management

Jul 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

Dec 2013

52.233-1 Disputes Alternate I (Alt I Dec 1991) May 2014

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

52.236-3 Site Investigation and Conditions Affecting the Work Apr 1984

52.236-5 Material And Workmanship Apr 1984

52.236-6 Superintendence By The Contractor Apr 1984

52.236-7 Permits And Responsibilities Nov 1991

52.236-8 Other Contracts Apr 1984

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

Apr 1984

52.236-10 Operations And Storage Areas Apr 1984

52.236-11 Use And Possession Prior To Completion Apr 1984

52.236-12 Cleaning Up Apr 1984

52.236-13 Accident Prevention Alternate I in full at I.8 and also

H.10

Nov 1991

52.236-14 Availability and Use of Utility Services in full at I.9 Apr 1984

52.236-15 Schedules for Construction Contracts. In full at I.10 Apr 1984

52.236-17 Layout of Work Apr 1984

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

52.236-26 Preconstruction Conference see H.11 Feb 1995

52.242-13 Bankruptcy Jul 1995

52.243-4 Changes June 2007

52.244-6 Subcontracts For Commercial Items Dec 2010

52.246-21 Warranty of Construction in full at I.11 Mar 1994

52.248-3 Value Engineering – Construction Oct 2015

52.249-2 Termination for Convenience of the Government (Fixed

Price) Alt I (Alt I Sep 1996)

Apr 2012

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

52.253-1 Computer Generated Forms Jan 1991

HEALTH AND HUMAN SERVICES ACQUISITION REGULATION CLAUSES by reference http://www.hhs.gov/policies/hhsar/

Number Title Date

352.202-01 Definitions Jan 2006

352.201-70 Paperwork Reduction Act Jan 2006

352.203-70 Anti-lobbying Jan 2006

352.222-70 Contractor Cooperation in Equal Employment Opp.

Investigations

Jan 2010

352.223-70 Safety and Health Jan 2006

352.227-70 Publications And Publicity Jan 2006

352.231-71 Pricing Of Adjustments Jan 2001

352.242-71 Tobacco-free facilities Jan 2006

352.242-72 Native American Graves Protection and Repatriation

Act.

Jan 2006

352.270-02 Indian Preference in full at I.12 Apr 1984

352.270-03 Indian Preference Program in full at I.13 Jan 2006 http://www.hhs.gov/policies/hhsar/

I-2 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in

8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the

United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(End of clause)

I-3 52.219-14 LIMITATIONS ON SUBCONTRACTING (MAY 2014)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) concerns;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or

8(a) concerns; and

(3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for— https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%208_4.html#wp1096389 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2016_5.html#wp1095799

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(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.

(End of clause)

I-4 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

(a) By entering into this contract, the Contractor certifies that neither it nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b)(2) or 29 CFR 5.12(a)(1).

(b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a

Government contract by virtue of 40 U.S.C. 3144(b)(2) or 29 CFR 5.12(a)(1).

(c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

(End of clause)

I-5 52.225-11 BUY AMERICAN – CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS (MAY 2014)

(a) Definitions. As used in this clause-

“Caribbean Basin country construction material” means a construction material that-

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

“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 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+160+141++%2818%29%20%25 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%202_1.html#wp1145508

(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 46 U.S.C. 40102(4), 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 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.

“Designated country” means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea

(Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, or

United Kingdom);

(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or http://uscode.house.gov/

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St.

Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

“Designated country construction material” means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

“Domestic construction material” means-

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

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

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

(ii) The construction material is a COTS item.

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

“Free Trade Agreement country construction material” means…