16-102-SOL-00001.pdf

Chemawa Indian Health Center Modernization 10/20/15

A-2 Table of Contents

PART I – THE SCHEDULE

Section A. Solicitation/Contract Form

A-1 Form A-2 Table of Contents A-3 Schedule of (Bid) Items A-4 Required Additional Information A-5 Bid Response Requirements A-6 Questions Regarding Solicitation/Invitation for Bids A-7 Pre-Bid Site Meeting A-8 Intent to Award A-9 Acceptance/award of Solicitation Items

Section B. Supplies or Services/Prices B-1 Contract Type B-2 Definitions

Section C. Description/Specifications Section D. Packaging and Marking Section E. Inspection and Acceptance

E-1 Notice Listing Contract Clauses Incorporated by Reference Section F. Deliveries or Performance

F-1 Notice Listing Contract Clauses Incorporated by Reference F-2 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

Section G. Contract Administration Data G-1 Contracting Officer’s Representative (COR) G-2 Payment Process

Section H. Special Contract Requirements H-1 Subcontracts H-2 Subcontracting H-3 Specifications and Drawings H-4 As Built Drawings H-5 Product Approval H-6 Existing Work H-7 Trucking H-8 Hours of Work H-9 Site Ownership H-10 Equitable Adjustments Due To Changes H-11 Performance and Payment Bonds H-12 Prohibitions Against Liens H-13 Archeological and Historical Objects H-14 Security Requirements H-15 Infection Control Requirements

PART II – CONTRACT CLAUSES

Section I. Contract Clauses

I-1 52.252-2 Clauses Incorporated by Reference (FEB 1998) I-2 52.214-29 Order of Precedence - Sealed Bidding (JAN 1986) I-3 52.217-7 Option For Increased Quantity – Separately Priced Line Item (MAR 1989) I-4 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items

(MAY 2008)

I-5 52.225-9 Buy American - Construction Materials (MAY 2014)

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

Section J. List of Documents, Exhibits and Other Attachments

J-1 Technical Specifications J-2 Contract Drawings J-3 Supplemental Design Clarifications J-4 Attachments

Section K. Representations, Certifications, and Other Statements of Bidders

K-1 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) K-2 52.203-2 Certificate of Independent Price Determination (APR 1985) K-3 52.204-8 Annual Representations and Certifications (DEC 2014) K-4 52.209-5 Certification Regarding Responsibility Matters (OCT 2015) K-5 52.209-7 Information Regarding Responsibility Matters (JUL 2013) K-6 52.219-2 Equal Low Bids (OCT 1995)

Section L. Instructions, Conditions, and Notices to Bidders L-1 Notice Listing Contract Clauses Incorporated by Reference L-2 Magnitude of Proposed Construction Project L-3 Requirements for an Acceptable Bid Response L-4 Facsimile Bids L-5 Availability of Bid Documents L-6 52.216-1 Type of Contract (APR 1984) L-7 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction (FEB 1999) L-8 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work (MAY 2014) L-9 52.225-10 Notice of Buy American Requirement - Construction Materials (MAY 2014) L-10 52.233-2 Service of Protest (SEP 2006) L-11 52.236-27 Site Visit (Construction) (FEB 1995) - Alternate I (FEB 1995)

Section M. Evaluation Factors for Award M-1 Notice Listing Contract Clauses Incorporated by Reference M-2 Evaluation Criteria M-3 Price Evaluation

A-3 Schedule of (Bid) Items

BASE BID ITEMS

Item Description Unit Amount

1.

2.

Phase 0: IT Upgrade and IDS Systems

Phase 1: Building Addition

LS

3.

Phase 1A: Business Office/Partial Dental Remodel

4.

Phase 1B: Staff Locker Rooms/Restrooms/Showers

5.

Phase 1C: Behavioral Health Group Counseling Rooms

6.

Phase 2: Optometry Suite

7.

Phase 2A: CEO and Exec Admin Assistant Offices

8.

Phase 3: South Clinic, Office, Waiting, Main Entrance

9.

Phase 4: North Clinic

10.

HVAC Replacement

11.

Ground Floor Window Replacement

TOTAL BASE BID ITEMS: $__________

OPTION BID ITEMS

Item Description Unit Amount

12.

Option Item 1: Parking Lot Repl./Exp. and Footpath

13.

Option Item 2: Main Entrance Canopy

14.

Option Item 3: Wellness Center Infill

15.

Option Item 4: New Carpet Tile Flooring in Corridor, General Areas (including asbestos mitigation)

TOTAL OPTIONAL BID ITEMS:

TOTAL BID, ALL ITEMS:

LS = Lump Sum

A-4 Required Additional Information

DUNs Number: ________________________

TIN: ________________________

CAGE Code(s): ________________________

Authorized Signatory: ________________________

Title of Authorized Signatory: ________________________

Email Address: ________________________

Office Phone Number: ________________________

Cell Phone Number: ________________________

[ ] Yes, I acknowledge and have incorporated into the bid price Attachment 9 Supplemental Design

Clarifications.

A-5 Bid Response Requirements

See Section L-3 Requirements for and Acceptable Bid Response for what is required to constitute an acceptable response to this Solicitation. Bid opening date is as stated on SF 1442, Block 13: 11/24/2015.

A-6 Questions Regarding Solicitation/Invitation for Bids

Please submit questions in writing in advance of the Pre-Bid Site Meeting to the contracting officer no later than 12:00 noon, PST November 3, 2015 at Jane.Stuessy@ihs.gov.

A-7 Pre-Bid Site Meeting

There will be a Pre-Bid Site Visit/Meeting held on site. Please see L-11 52.236-27 Site Visit

(Construction) provision.

A-8 Intent to Award

The Government intends to award this project on or about December 15, 2015 and work is anticipated to begin on or about January 19, 2016.

A-9 Acceptance/award of Solicitation Items

The Government reserves the right to make award on any item or group of items. In no event shall the award of this solicitation result in multiple awards.

The Government anticipates award of Schedule of Items Base Bid Item Numbers 1 through 11. Option Bid

Items 12 through 15 may or may not be awarded but if awarded, will be awarded no later than 30 days after the effective date of the Notice to Proceed. If any or all of the Option Items are awarded within the anticipated award time (no later than 30 days after the effective date of the Notice to Proceed), the total performance period will not be increased unless mutually agreed upon.

Option Items are considered mutually exclusive and the Government reserves the right to award one, any combination of, or all Option Items.

See Section M-3 Price Evaluation for what constitutes the low bid.

mailto:Jane.Stuessy@ihs.gov

Section B. Supplies or Services/Prices

B-1 Contract Type

This is a firm fixed price type contract for construction services.

B-2 Definitions

For purposes of this solicitation, the term offer, offeror, or offerors is synonymous with bid, bidder, or bidders.

Section C. Description/Specifications

The contractor shall furnish all labor, personnel, material, equipment, tools, appliances, supplies, services, permits, insurance, supervision and facilities to make improvements to the Chemawa Indian Health Center in accordance with the statement of work, drawings, and specifications referenced as attachments in

Section J and all other requirements included in this solicitation, amendments, and resultant contract.

Section D. Packaging and Marking

[For this Solicitation, there are NO clauses in this Section.]

Section E. Inspection and Acceptance

E-1 Notice Listing Contract Clauses Incorporated by Reference

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation

Number, Title, and Date) in accordance with the clause at FAR "52.252-2 Clauses Incorporated by

Reference" in Section I of this contract. See FAR 52.252-2 for an internet addresses for electronic access to the full text of a clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

Number Title Date

52.246-12 Inspection of Construction (AUG 1996)

Section F. Deliveries or Performance

F-1 Notice Listing Contract Clauses Incorporated by Reference

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation

Number, Title, and Date) in accordance with the clause at FAR "52.252-2 Clauses Incorporated by

Reference" in Section I of this contract. See FAR 52.252-2 for an internet addresses for electronic access to the full text of a clause.

52.242-14 Suspension of Work APR 1984

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

The Contractor shall be required to (a) commence work under this contract within 14 calendar days after the effective date of the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than within 562 calendar days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

Section G. Contract Administration Data

G-1 Contracting Officer’s Representative (COR)

The following is considered administrative information and is therefore subject to unilateral administrative modification by the Contracting Officer. This section complies with HHSAR subsection 301.604, which authorizes a warranted Contracting Officer to delegate Contracting Officer responsibilities to technical or non-acquisition personnel.

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

The COR is responsible for technical approval of submittals; clarification of the contract requirements, fills in details or otherwise serves to accomplish the contractual scope of work; evaluation of performance and progress for payment and acceptance. Within the limits of authority described herein, the COR may act in lieu of the Contracting Officer for actions of the type described in paragraph (b) of the clause at FAR

52.236-21, Specifications and Drawings for Construction.

The COR does not have the authority to alter the Contractor’s obligations under the contract; make final acceptance of work; direct changes that fall within the purview of the “Changes” clause of the contract; or modify any of the terms, conditions, specifications, or cost of the contract.

G-2 Payment Process

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

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

(1) The designated billing office for this contract is identified on the contract award form, SF

1442, Block 27.

(2) The Contractor is responsible for delivery of each request for payment to the billing office, and electronic copies in PDF to the COR and Contracting Officer. Hand delivery to the COR 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 upon request from the Contracting Officer.

(c) 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 drawings, payrolls, reports, O&M manuals, delivery of extra stock material, etc.

Section H. Special Contract Requirements

H-1 Subcontracts

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

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

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

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

H-2 Subcontracting

In connection with the performance of work under this contract, the contractor shall not subcontract with any subcontractor who, at the time of subcontract award, is listed as excluded from Government

Contracting in SAM, unless otherwise authorized by the Government in accordance with Subpart 9.4 of the

Federal Acquisition Regulations.

The List of Parties Excluded from Procurement and Non-procurement Programs is available at http://www.gao.gov/products/GAO-09-174 which is the OIG for HHS website or http://www.sam.gov the

System of Award Management website that cites contractors by DUNS number and their status.

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

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

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

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

H-3 Specifications and Drawings

FAR 52.236-21, Specification and Drawings for Construction, states that the "Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided." The Contracting Officer will not furnish hard copies of drawings and specifications. It is the responsibility of the successful offeror to print full sized drawings and specifications for their use on http://www.gao.gov/products/GAO-09-174 http://www.sam.gov/ site and for as-builts.

The intent of the drawings and specifications is that the Contractor shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the work in accordance with the contract documents and all incidental work necessary to complete the project in an acceptable manner, ready for use, occupancy or operation by the Government.

In case of conflict between the drawings and specifications, the specifications shall govern. Figure dimensions on drawings shall govern over scale dimensions, and detailed drawings shall govern over general drawings.

Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or specifications shall be reported immediately to the Contract Officer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the

Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the

Contractor's risk.

H-4 As Built Drawings

The contractor shall maintain during the progress of the work one (1) set of completed and up to date blue line drawings for each phase of construction, which shall be available for inspection by the Contracting

Officer at any time. These drawings shall be marked up to record all changes in the work as they occur, and the exact location of all exposed and concealed pipe runs, valves, plugged outlets, cleanouts and other control points including, but not limited to, electrical conduits, and ducts, mechanical valves, shut-off switches, etc., in such a manner as will provide a complete, accurate as built record. The location of pipes or control points concealed underground, under concrete, in chases or above hung ceilings shall be dimensioned.

In-progress as-built documentation will be reviewed with each progress payment request as a required element.

The completed set of as built paper reproducible drawings shall be delivered to the Contracting Officer, in a condition satisfactory to her prior to the acceptance of each Phase of construction. Items not affiliated with a Phase shall be submitted on one as built set of drawings as approved by the CO. Final as built documents shall be submitted for review/approval as a condition precedent to the request for final inspection of the work.

H-5 Product Approval

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

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

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

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

Contractor shall assure himself that the materials or equipment will be available in the quantities required.

No change or substitution of approved materials or articles will be permitted after a request has been approved.

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

Contractor expense, if so requested.

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

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

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

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

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

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

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

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

H-6 Existing Work

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

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

(b) Discolored or unfinished surfaces exposed by removal of existing work and indicated to be the final exposed surfaces shall be refinished or the material shall be replaced to be uniform and harmonious with contiguous work. Work out of alignment, where exposed by removal of existing work, shall be called to the

Contracting Officer's attention. Corrective work, directed by the Contracting Officer will be subject to adjustment of the contract in accordance with FAR 52.236 2, "Differing Site Conditions."

H-7 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-8 Hours of Work

All work shall be performed between 7:00 a.m. and 5:00 p.m. local time, Monday through Friday unless otherwise indicated due to wildlife or environmental limitations (see drawings and specifications). In the event that the contractor wishes to work on the day of a Government holiday, he/she shall notify the

Contracting Officer seven (7) days in advance of the date he wishes to work. There shall be no work scheduled on weekends without special approval by the Contracting Officer prior to 4:00 p.m. Seattle time on the preceding Thursday.

H-9 Site Ownership

Bidders are notified that this project will be performed on Federally Owned land; the resulting construction project is owned by the Federal Government. The existing facility is owned and operated by the Indian

Health Service, an Operational Division of the Health and Human Services Department of the Federal

Government.

H-10 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-11 Performance and Payment Bonds

Performance and Payment Bonds are required prior to the performance of work on this project (See Section

I-1 FAR 52.228-15). A bid Guarantee is required with the submitted bid package to be considered a responsible bidder (See Section I-1 FAR 52.228-1).

H-12 Prohibitions Against Liens

The Contractor is prohibited from placing a lien or purporting to place a lien on the Federal Government.

This prohibition shall apply to all subcontractors at any tier and all material suppliers.

H-13 Archeological and Historical Objects

Archaeological or historical objects, which may be encountered by the Contractor, shall not be further disturbed. The Contractor shall immediately notify the Contract Officers Representative (COR) of any such finds. The COR will determine the nature of the objects to be surveyed and may require the Contractor to stop work in the vicinity of the discovery until the survey is accomplished, if necessary.

H-14 Security Requirements

All contractor and subcontractor staff that is anticipated to be on the project site for more than 180 consecutive days shall obtain a National Security Presidential Directive (NSPD) - 12 HHS ID Badge.

Level One - The NSPD-12 badge shall be acquired through completion and submission of the following:

Attachment 10 Required Background Investigation Information Form (eQIP);

Fingerprinting; and

Attachment 11 Department of Health and Human Services (HHS) identification (ID) Badge

Request (HHS-775).

Level Two - All contractor and subcontractor staff that is anticipated to be on the project site for less than

180 consecutive days shall submit to a background investigation and fingerprint screening by completion and submission of the following:

Fingerprinting; and

Attachment 11 Department of Health and Human Services (HHS) identification (ID) Badge

Request (HHS-775).

The contractor shall provide the forms (do not FAX to the phone number on the form) to the CO/COR and allow fingerprints be taken at the site. Allow for 21 days for verification of approval for each individual.

The costs for the investigations and security clearances will be borne by the Government for all Level Two checks and the first ten Level One checks. After the first ten Level One checks, the Contractor shall bear the costs for the background checks. This cost is $275/person and will be adjusted through the use of a modification to the contract.

H-15 Infection Control Requirements

The Infection Control Officer or his/her designee shall approve projects involving manipulation of ceiling tiles, performance of dust generating activities, manipulation of heating, ventilation, and air conditioning

(HVAC) systems, plumbing, and/or other maintenance repairs or modifications prior to the initiation of the project. See Attachment 12 Infection Control Risk Assessment Policy IC.2014.17.0.

PART II – CONTRACT CLAUSES

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 these addresses:

https://www.acquisition.gov/?q=browsefar and http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation

Number, Title, and Date):

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

Number Title (Date)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (MAY 2014)

52.203-7 Anti-Kickback Procedures (MAY 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)

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

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights (APR 2014)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

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)

52.204-19 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 (OCT 2015)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JUL

2013)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (DEC 2014)

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)

52.215-2 Audit and Records - Negotiation (OCT 2010)

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified

Cost or Pricing Data - Modifications (OCT 2010)

52.219-8 Utilization of Small Business Concerns (OCT 2014)

52.219-9 Small Business Subcontracting Plan (OCT 2015) Alt 1 (OCT 2001)

52.219-14 Limitations on Subcontracting (NOV 2011)

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011)

52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013)

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation (MAY 2014)

52.222-6 Construction Wage Rate Requirements (MAY 2014)

52.222-7 Withholding of Fund (MAY 2014)

52.222-8 Payrolls and Basic Records (MAY 2014)

52.222-9 Apprentices and Trainees (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements (FEB 1988)

52.222-11 Subcontracts (Labor Standards) (MAY 2014)

52.222-12 Contract Termination - Debarment (MAY 2014)

52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (MAY 2014)

52.222-21 Prohibition of segregated facilities (APR 2015)

52.222-26 Equal Opportunity (APR 2015) - Alternate I (FEB 1999) Notice. The following terms of this clause are waived for this contract: Indian Preference for hiring is allowed under this contract.

52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015)

52.222-35 Equal Opportunity for Veterans (OCT 2015)

52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)

52.222-37 Employment Reports on Veterans (OCT 2015)

52.225-38 Compliance with Veterans’ 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 (MAY 2011)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

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)

52.227-11 Patent Rights-Ownership by the Contractor (MAY 2014)

52.228-1 Bid Guarantee (SEP 1996) Notice. (c) The amount of the bid guarantee shall be 10 percent of the bid price or

$300,000.00, whichever is less.

52.228-2 Additional Bond Security (OCT 1997)

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

52.228-11 Pledges of Assets (JAN 2012)

52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014)

52.228-14 Irrevocable Letter of Credit (NOV 2014)

52.228-15 Performance and Payment Bonds - Construction (OCT 2010)

52.229-3 Federal, State, and Local Taxes (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)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.233-1 Disputes (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 (NOV 1991) - Alternate I (NOV 1991)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995)

52.242-14 Suspension of Work (APR 1984)

52.243-4 Changes (JUN 2007)

52.244-2 Subcontracts (OCT 2010)

52.244-6 Subcontracts for Commercial Items (OCT 2015)

52.246-21 Warranty of Construction (MAR 1994)

52.248-3 Value Engineering - Construction (OCT 2015)

52.249-2 Termination for Convenience of the Government (Fixed-Price (APR 2012) -

Alternate I (SEP 1996)

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

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

352.202-1 DEFINITIONS (JAN 2006)

352.203-70 ANTI-LOBBYING (JAN 2006)

352.219-70 MENTOR-PROTÉGÉ PROGRAM (JAN 2010)

352.223-70 SAFETY AND HEALTH (JAN 2006)

352.231-71 PRICING OF ADJUSTMENTS (JAN 2001)

352.242-72 NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT (JAN

2006)

352.270-2 INDIAN PREFERENCE (APR 1984)

352.270-3 INDIAN PREFERENCE PROGRAM (JAN 2006)

I-2 52.214-29 Order of Precedence - Sealed Bidding (JAN 1986)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications);

(b) Representations and other instructions;

(c) Contract clauses;

(d) Drawings;

(e) Specifications; and

(f) other Attachments in section J.

I-3 52.217-7 Option For Increased Quantity – Separately Priced Line Item (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the options by written notice to the contractor no later than 30 days after the effective date of the Notice to

Proceed at the price stated in the Schedule of Items numbers 12 through 15. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

I-4 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY

2008)

(a) Definitions. As used in this clause-

"Postconsumer material" means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.

Postconsumer material is a part of the broader category of "recovered material."

"Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall-

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to the COR.

I-5 52.225-9 Buy American - Construction Materials (MAY 2014)

(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 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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 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.

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

(b) Domestic preference. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute 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 statute 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 statute 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 statute. (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 statute 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 statute applies, use of foreign construction material is noncompliant with the Buy American statute or Balance of Payments Program.

(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 Quantity Price measure (dollars)* Item 1:

Foreign construction material ________ ________ ________

Domestic construction material ________ ________ ________

Item 2:

Foreign construction material ________ ________ ________

Domestic construction material ________ ________ ________

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

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

Include other applicable supporting information.

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

Section J. List of Documents, Exhibits and Other Attachments

J-1 Technical Specifications

Specifications for this project are entitled “Attachment 1 Chemawa Health Modernization Specifications”, Divisions 1 thru 33.

J-2 Contract Drawings

Construction Drawings for this project are divided into six electronic files. They are entitled as shown in

J-4 Attachments. There are 129 sheets in the construction drawing set.

J-3 Supplemental Design Clarifications

Supplemental Design Clarifications for this project are provided in Attachment 8 Supplemental Design

Clarifications

J-4 Attachments

File Name Number of Pages

Attachment 1 Chemawa Health Modernization Specifications 724

Attachment 2 Civil Drawings 8

Attachment 3 Architectural Drawings Part 1 of 3 11

Attachment 4 Architectural Drawings Part 2 of 3 12

Attachment 5 Architectural Drawings Part 3 of 3 11

Attachment 6 Structural Drawings 10

Attachment 7 Mechanical Drawings 38

Attachment 8 Electrical Drawings 39

Attachment 9 Supplemental Design Clarifications 11

Attachment 10 Required Background Investigation Information Form (eQIP) 1

Attachment 11 Department of Health and Human Services (HHS) identification

(ID) Badge Request (HHS-775) 7

Attachment 12 Infection Control Risk Assessment Policy IC.2014.17.0 10

Attachment 13 Bond Forms 6

Attachment 14 Department of Labor, General Decision Number OR150028, dated 10/09/2015 10

Section K. Representations, Certifications, and Other Statements of Bidders

K-1 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one of more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses:

https://www.acquisition.gov/?q=brows…