Instructions_Conditions_Notices_to_Offeror.pdf

Information Technology (IT) Server Room Air Conditioner Replacement Hope Health Care Center (HHCC)

Polacca, AZ Requisition IHS1247960

INSTRUCTIONS, CONDITIONS & NOTICES TO OFFERORS

A. SET-ASIDE: IAW FAR Clause 52.219-6 – Notice of Total Small Business Set-Aside (Nov

2011), this procurement is 100% set-aside for small businesses. Offers received from firms other than small businesses will not be considered.

B. PROJECT MAGNITUDE: In accordance with FAR 36.204, the magnitude of this project is less than $25,000.

C. NAICS CODE: 238220

D. SIZE STANDARD: $15 Million

E. TYPE OF CONTRACT (Apr 1984) FAR 52.216-1

The Government contemplates the award of a firm fixed-price construction contract resulting from this Solicitation.

F. PRE-BID SITE VISIT: Advance notice of participation in the Pre-Bid Site Visit is desired.

Contact Liz Hubert at elizabeth.hubert@ihs.gov or (602) 364-5015. Indicate name of company, name(s) of individuals attending, and contact information.

A site walk is scheduled for December 9, 2014 at 1:00 p.m. Local Time, at the HHCC, Highway 264, Mile Marker 388, Polacca, AZ 86042. Participants at the site visit will meet in the Facilities Office. Offerors are urged and expected to attend this meeting and inspect the site.

Technical questions regarding the project will not be addressed at the meeting, but must be submitted in writing to the Contract Specialist via email (elizabeth.hubert@ihs.gov) no later than December 12, 2014 at 5:00 p.m. Local Time. Copies of material questions and answers will be furnished to all offerors by issuance of an Amendment. Questions received after this date may not be acknowledged and/or answered.

The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, Offerors are urged and expected to attend this meeting and inspect the site.

G. 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 the Solicitation SOW, drawings, and specifications. 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 in the spaces indicated on the SF1442. Additionally, the total Project Price should be inserted in block 'F', page 3 of the

OF336.

H. OFFER SUBMISSION: Offers shall be based on all instructions, conditions and notices to offerors, provisions, general conditions, general requirements, drawings, and specifications contained in this solicitation.

mailto:elizabeth.hubert@ihs.gov

The offer shall be submitted to the Contracting Specialist via email (preferred) at (elizabeth.hubert@ihs.gov) or may be hand delivered by the RFQ response due date and time to Phoenix Area Indian Health Service, Acquisition Management, ATTN: Liz Hubert, Two Renaissance Square, 40 N Central Ave, Suite 507, Phoenix, AZ 85004. Offers sent by mail or other delivery services shall arrive at the aforementioned address by the RFQ response due date and time detailed on the SF 1442. Faxed offers will not be accepted.

The offer shall include a completed, signed SF 1442 (Solicitation Offer and Award, blocks 17, 19, 20a, b and c), acknowledge all amendments (if any) by number, and contain all Representations and Certifications.

I. MANDATORY REGISTRATION: Please note that all offerors desiring to receive an award from this solicitation must be registered and current in the System for Award Management (http://www.sam.gov) not later than the Solicitation close date.

J. WAGE DETERMINATION: Minimum rates of wages, required by the Davis-Bacon Act

(40 U.S.C. 276a), as amended, to be paid the various classes of laborers and mechanics employed on this work are set forth in the specifications.

K. LICENSES, INSURANCE, AND JOURNEYMAN LEVELS: Individual(s) performing this work must hold the appropriate license(s), insurance, and journeyman levels to complete this work as required by Federal, State, Tribal, or local laws, regulations, etc.

L. METRIC PRODUCTS: Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch-pound units, provided they fall within the tolerances specified using conversion tables contained in the latest revision of Federal Standard No. 376, and all other requirements of this contract are met.

M. DEFINITIONS:

"Contracting Officer" – Is the exclusive representative of the IHS who has the authority to enter into, administer, terminate, modify, approve changes, or otherwise represent and bind the IHS in all matters arising under or relating to this contract.

"COR/Project Manager” – In this solicitation/contract, the terms COR and Project Manager are used interchangeably to mean the Contracting Officer’s Representative – an IHS staff person who serves as the point of contact for issues relating to the administration and coordination of this project. The COR has NO authority to make changes to the contract terms which affect contract prices, quality, quantities, or delivery terms and conditions.

N. CAUTION: No oral statements made by the contract parties or other interested parties will take precedence over the written terms and conditions of the solicitation or resultant contract.

O. PAST PERFORMANCE EVALUATIONS: Prospective offerors are hereby notified that past performance evaluations will be conducted using information obtained from the Past Performance Information Retrieval System (PPIRS), and /or any other sources deemed appropriate.

http://www.sam.gov/

P. PROPOSAL REVISIONS (FAR 52.215-1)

a. The Government intends to award without discussions; however, if determined to be necessary, proposal revisions will be requested from the proposals received. The Contracting Officer will identify those offerors, whose proposals are within the competitive range, considering the selection criteria identified in this section.

b. Your offer shall be developed and presented to the Government in sufficient detail for the Contracting Officer to determine reasonableness in comparison to the Government’s price estimate. Should the Government need additional details to determine price reasonableness, the offeror may be asked to further clarify and breakout their offer.

c. Offerors submitting proposal revisions will not be requested to re-submit any documents which are unchanged from their initial proposals. They should provide necessary changes to individual paragraphs, as briefly as possible, together with a table of contents that clarifies where within the initial proposal the additional information or changed documents would be placed. Proposal revisions shall include a completed Standard Form 1442 Solicitation, Offer and Award and Standard Form 30 Amendment of Solicitation/Modification of Contract that acknowledges receiving all amendments, by number (If amendments are not acknowledged on SF1442).

Q. CONTRACT AWARD

The Government may award a Firm Fixed Price (FFP) Purchase Order (PO) without entering into negotiations. However, the Government reserves the right to open negotiations in order to reach a fair and reasonable price based on the Government price estimate. Your offer shall be developed and presented to the Government in sufficient detail for the Contracting Officer to determine reasonableness in comparison to the Government’s price estimate. Should the Government need additional details to determine price reasonableness, the offeror may be asked to further clarify and breakout their offer.

R. EVALUATION CRITERIA:

a. Technical Evaluation Factors: None

b. Price Reasonableness: All offers must include reasonable prices. The Contracting Officer may reject all offers containing prices determined to be unreasonably high or low.

c. Unbalanced prices: All offers must include balance prices. If this Solicitation requires unit prices, option prices, or bid rates, the Contracting Officer may reject any proposal determined to be unbalance with respect to such prices or rates. A proposal may be deemed unbalanced if the Base Contract Price, unit prices, options prices or bid rates vary so markedly from either the Government estimate or the range of such prices contained in competing offers as to materially reduce the effectiveness of the Total Evaluated Pride formula in determining the potential cost of an offer in comparison to other, balanced, offers.

d. Price Evaluation: The Government intends to award a firm fixed price contract resulting from this solicitation to the responsive and responsible offeror whose offer, conforming to the solicitation, represents the lowest price/cost to the Government.

e. The following techniques will be used to evaluate the total evaluated price to ensure that it is fair and reasonable.

i.Comparison of proposed prices received in response to the solicitation ii.Comparison of proposed prices with the Independent Government Estimate iii.Price quotes must include the cost of the entire project. Quotes that are significantly higher or lower than the government estimate may be determined to be outside of the competitive range and not considered for award.

S. 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 a.m., LT via email to the Contracting Officer and the PM/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 reason(s).

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.

T. SUBSTANTIAL COMPLETION -- FINAL INSPECTION

T-1 SUBSTANTIAL COMPLETION

• 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.

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

• The substantial completion inspection should be at least 5 Calendar 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 3 Calendar days in advance of the proposed Substantial Completion inspection to allow for scheduling the inspection.

• 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.

T-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 shop 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.

U. 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.

V. TERO COORDINATION

A Tribal Employment Rights Officer (TERO) permit is required for any work on the Hopi Reservation. The Bidder is responsible to coordinate with the Hopi TERO and obtain all licenses and pay fees necessary to perform the work required under the contract documents and determine whether there are special hiring requirements for additional workers required for work on Hopi Tribal lands. The Bidder must include the cost of such licenses and fees in the bid price for the project. The Hopi tribe TERO contact may be reached at (928) 734-3167. :

W. 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."

X. 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.

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

Z. BIDDER’S DUTY TO SEEK CLARIFICATION

a. It is the intent of the solicitation for the Bidder to provide a complete working system, ready for operation and, at the same time, give the Bidder discretion to install required systems in the manner most economical and expedient for the Bidder. If the Bidder believes the solicitation as written does not require a complete working system, they must bring this to the attention of the Contracting Officer as soon as possible, seeking clarification.

b. The Bidder has a duty to inquire and seek clarification concerning all perceived ambiguities and discrepancies in the solicitation before or while preparing the bid.

INSTRUCTIONS, CONDITIONS & NOTICES TO OFFERORS