16-102-SOL-00006.pdf

Yakama Test Well Construction – Yakama Indian Reservation RFQ NO. 16-102-SOL-00006

A-2 TABLE OF CONTENT

A-1 FORM OF347

A-2 TABLE OF CONTENT

A-3 SCHEDULE OF ITEMS

A-4 REQUIRED ADDITIONAL INFORMATION

A-5 SOLICITATION RESPONSE REQUIREMENTS

A-6 QUESTIONS REGARDING SOLICITATION/REQUEST FOR QUOTES

A-7 ACCEPTANCE/AWARD OF SOLICITATION ITEMS

Section B. SUPPLIES OR SERVICES Section C. DESCRIPTION OF WORK

C-1 PROJECT DESCRIPTION

C-2 SCOPE OF WORK

Section D. PACKAGING AND MARKING Section E. INSPECTION AND ACCEPTANCE

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

Section F. DELIVERIES OR PERFORMANCE

F-1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

F-2 TERO

Section G. CONTRACT ADMINISTRATION DATA

G-1 GOVERNMENT PROJECT OFFICER

G-2 FAR 52.232-5 PAYMENT UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014) .. 12

Section H. SPECIAL CONTRACT REQUIREMENTS

H-1 SUBCONTRACTS

H-2 SUBCONTRACTING

H-3 STANDARD REFERENCES

H-4 SPECIFICATIONS AND DRAWINGS

H-5 PRODUCT APPROVAL

H-6 PROJECT OFFICER

H-7 MATERIALS ON SITE

H-8 EXISTING WORK

H-9 HOURS OF WORK

H-10 SITE OWNERSHIP

H-11 EQUITABLE ADJUSTMENTS DUE TO CHANGES

H-12 PERMITS AND CLEARANCES

PART II - CONTRACT CLAUSES

Section I. CONTRACT CLAUSES

I-1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I-2 52.225-9 – BUY AMERICAN–CONSTRUCTION MATERIALS (MAY 2014)

I-3 52.228-13 – ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

Section J. List of Documents, Exhibits and Other Attachments

J-1 ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

Section K. REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

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

K-2 52.204-8 – ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

Section L. INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS OR RESPONDENTS L-1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (Feb 1998)

L-2 MAGNITUDE OF PROPOSED CONSTRUCTION PROJECT

L-3 REQUIREMENTS FOR AN ACCEPTABLE RESPONSE

L-4 FACSIMILE OFFERS

L-5 AVAILABLILTY OF SOLICITATION DOCUMENTS

L-6 AWARD NOTICE

L-7 REQUESTS FOR INFORMATION/QUESTIONS

L-8 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

L-9 52.233-2 SERVICE OF PROTEST (SEP 2006)

L-10 52.216-1 TYPE OF CONTRACT (APR 1984)

L-11 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK

(MAY 2014)

L-12 52.225-10 – NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS

(MAY 2014)

L-13 52.236-27 – SITE VISIT (CONSTRUCTION) (FEB 1995)

Section M. EVALUATION FACTORS FOR AWARD

M-1 BASIS OF AWARD

M-2 EVALUATION CRITERIA

A-3 SCHEDULE OF ITEMS

Quoters are required to submit quotes on both Base Items and Additive Items. The Government will evaluate quotes for each item separately and will select either the one alternate for award. The Government will select either the 8-inch well OR the 10-inch well, depending upon what is in the best interest of the Government.

BASE ITEMS for 8-inch Well:

Item no. Item Description Quantity

Unit of

Measure Unit Price Total

0001 Mobilization 1 LS $ $

0002 12-inch Well Drilling 50 LF* $ $

0003 8-inch Well Drilling 350 LF* $ $

0004 8-inch Well Casing 380 LF* $ $

0005 8-inch Well Screen 1 LS $ $

0006 Sanitary Seal 50 LF* $ $

0007 Well Development 1 LS $ $

0008 Test Pumping 1 LS $ $

0009 Water Analysis 1 LS $ $

GRAND TOTAL $

* Indicates Estimated Quantity. All other Units of Measure are Actual Quantity

LS = Lump Sum

LF = Linear Feet

ADDITIVE ITEMS for additional prices for 10-inch Well:

Item no. Item Description Quantity

Unit of

Measure Unit Price Total

0010 Mobilization 1 LS $ $

0011 14-inch Well Drilling 50 LF* $ $

0012 10-inch Well Drilling 350 LF* $ $

0013 10-inch Well Casing 380 LF* $ $

0014 10-inch Well Screen 1 LS $ $

0015 Sanitary Seal 50 LF* $ $

0016 Well Development 1 LS $ $

0017 Test Pumping 1 LS $ $

0018 Water Analysis 1 LS $ $

GRAND TOTAL $

* Indicates Estimated Quantity. All other Units of Measure are Actual Quantity

LS = Lump Sum

LF = Linear Feet

Authorized Signature Date

A-4 REQUIRED ADDITIONAL INFORMATION

DUNS Number: __________________________

TIN: __________________________

Cage Code(s): __________________________

Authorized Signatory: __________________________

Email Address(es): _________________________

Office Phone Number: _________________________

Cell Phone Number _________________________

A-5 SOLICITATION RESPONSE REQUIREMENTS

All quotes must contain the following forms properly executed:

Section A, including:

(i) Solicitation, Offer, and Award Form (Standard Form 1442), signed in Block 20 and with Block 17 completed to show the amount of the quote. Also, complete Block 19 to acknowledge amendments to the request for quotation, if any.

(ii) A-3 The Schedule of Items completed, totaled and signed; and

(iii) Section K, Representations, Certifications and Other Statements of Offerors. If not provided, the

Contracting Officer will pull from SAM.gov prior to award.

The Contractor shall furnish all necessary personnel, material, equipment, services, and facilities (except as otherwise specified), to complete the test well project in accordance with the contract documents, specifications, and drawings included in this solicitation and resulting contract. In order to be considered responsive to the terms and conditions of this solicitation, the bidder must propose on all items listed in the schedule.

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

A-6 QUESTIONS REGARDING SOLICITATION/REQUEST FOR QUOTES

Please submit questions in writing to Jane.Stuessy@ihs.gov.

A-7 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 Base Items or Base plus Additive Items, depending on what size well is in the best interest to the Government.

mailto:Jane.Stuessy@ihs.gov

Section B. SUPPLIES OR SERVICES

This section not used.

Section C. DESCRIPTION OF WORK

C-1 PROJECT DESCRIPTION

The contractor shall furnish all labor, personnel, material, equipment, tools, appliances, supplies, services, permits, insurance, supervision and facilities to construct an 8-inch or 10-inch diameter well serving the White Swan

Community on the Yakama Indian Reservation. The well is anticipated to be completed to a depth of 400 feet and to have an appropriately sized well screen. Well development and pump testing shall be conducted for a continuous 24 hour period in accordance with scope of work, drawings, and specifications referenced as attachments in Section J and all other requirements included in this solicitation, amendments, and resultant contract.

C-2 SCOPE OF WORK

The facility improvements include well drilling, installation of well casing, surface seal/grouting, and well screens.

Additional services to be provided are a 24-hour period of pumping for well development and capacity testing. The construction services are all new construction.

The improvements consist of the following:

Well drilling to an estimated depth of 400 feet at appropriate diameters for proper surface sealing and grouting and installation of 8-inch or 10 inch casing (dependent on if the Base or the Base plus Additive items are awarded).

Surface seal to a minimum of 50 feet and grouting at casing transitions.

Well screens at appropriate depths where water bearing formations are encountered.

Well Development and well capacity testing. After 2 hours of well development, the well shall be pumped to determine maximum sustainable production capacity.

The improvements and services listed above are all base bid items that are specific to the well construction and testing.

Section D. PACKAGING AND MARKING

This section not used.

Section E. INSPECTION AND ACCEPTANCE

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

Section F. DELIVERIES OR PERFORMANCE

F-1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within fourteen (14) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete ready for use not later than 30 days after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F-2 TERO

The contractor shall be responsible for all Tribal Employee Rights Organization (TERO) fees and adhering to TERO ordinances and Tribal taxes as required by the TERO Office of the Yakama Indian Reservation. This amount is currently 3 percent but this should be affirmed by calling the TERO Office. The TERO Director of the Yakama

Indian Nation is Tamara Spencer and her phone number is (509)865-5121, extension 4469.

Section G. CONTRACT ADMINISTRATION DATA

G-1 GOVERNMENT PROJECT OFFICER

The following is considered to be administrative information and is therefore subject to unilateral administrative modification by the Contracting Officer. This section complies with HHSAR subsection 301.603 which authorizes a warranted Contracting Officer to delegate Contracting Officer responsibilities to non GS/GM 1101 or 1102 or GS

1105 or 1106 personnel.

The Contracting Officer may designate in writing one or more Government employees, by name and position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Government

Project Officer and shall have the following authorities and responsibilities unless otherwise specified in the notice of appointment:

The Project Officer is responsible for: Technical approval of submittals; Direction to the Contractor that clarifies the contract requirements, fills in details or otherwise serves to accomplish the contractual scope of work; Evaluation of performance and progress for payment and acceptance. Within the limits of authority described herein, the Project

Officer may act in lieu of the Contracting Officer for actions of the type described in paragraph (b) of the clause at

FAR 52.236-21, Specifications and Drawings for Construction.

The Project Officer does not have the authority to alter the Contractor’s obligations under the contract; make final acceptance of work; direct changes that fall within the purview of the “Changes” clause of the contract; or modify any of the terms, conditions, specifications, or cost of the contract. See also HHSAR 352.202-1, Definitions.

G-2 FAR 52.232-5 PAYMENT UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

Section H. SPECIAL CONTRACT REQUIREMENTS

H-1 SUBCONTRACTS

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

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

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

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

H-2 SUBCONTRACTING

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

Procurement and Non-procurement Programs, unless otherwise authorized by the Government in accordance with

Subpart 9.4 of the Federal Acquisition Regulations.

(b) The List of Parties Excluded from Procurement and Non-procurement Programs is available at https://www.sam.gov/portal/SAM/##11.

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

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

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

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

H-3 STANDARD REFERENCES

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

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

H-4 SPECIFICATIONS AND DRAWINGS

FAR 52.236-21, Specification and Drawings for Construction, states that the "Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided."

The following will be provided by the Contracting Officer: The contract drawings and specifications will not be furnished to the contractor as electronic PDF files are obtainable by going to http://www.fbo.gov.

http://www.fbo.gov/

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 PROJECT OFFICER

For the purpose of this contract, the term Project Officer is synonymous with the term Project Manager and

Contracting Officer’s Representative (COR).

H-7 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-8 EXISTING WORK

(a) Existing conditions shall be noted prior to mobilizing and site shall be left in a condition that reasonably resembles the site prior to work. Unsightly and/or damages not repaired or re-graded, will be required to be corrected, as directed by the Contracting Officer and may be subject to adjustment of the contract in accordance with

FAR 52.236 2, "Differing Site Conditions."

H-9 HOURS OF WORK

All work shall be performed between 7:00 a.m. and 7:00 p.m. local time, Monday through Friday. In the event that the contractor wishes to work on the day of a Government holiday, he 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 and no testing shall be performed during weekends.

H-10 SITE OWNERSHIP

Offerors are notified that this project will be performed on the Yakama Indian Reservation; the resulting construction project is owned by Indian Health Service. Ownership will be transfered to the Tribe after project completion and acceptance.

H-11 EQUITABLE ADJUSTMENTS DUE TO CHANGES

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

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

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

(3) Construction equipment

(4) Workmen's compensation

(5) Overhead

(6) Profit

(7) Employment taxes under FICA, FUTA and SUTA

(8) Bond (Prime Contractor only)

(9) Sales Tax

(10) Direct Performance Time of Change

(11) Impact on Schedule, if any

(12) Impact Costs, if any

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

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

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

(e) Should a proposal cost exceed $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:

Overhead Profit

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

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

The percentage of profit is to be negotiated. The burden is on the Contractor to propose and justify to the

Government the percentage of profit to be paid on each modification to the contract.

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

Time Extension:

(g) When the Contractor submits a change proposal without including a corresponding Time Impact Analysis meeting the requirements of the pertinent Specification Section, the Contractor acknowledges that the particular change order, modifications, delay or contract request does not require an extension of the contract time (or milestone) and the Contractor shall not thereafter be entitled to request or receive any such extension(s).

Delay and Impact Costs:

Any proposal for delay and impact costs that is not submitted within sixty (60) days after completion of the work identified in the change will not be considered. This requirement is in addition to the scheduling updates required for construction of the project. If there are circumstances which prevent the Contractor from ascertaining delay for impact during this time, a status update, including but not limited to a critical path analysis, shall be submitted within this time and at sixty (60) day intervals thereafter, explaining why the Contractor cannot yet know the extent of the impact. If this is not done, a claim for delay will not be considered unless special circumstances are shown.

This requirement is necessary to enable the Government to respond to any claims for delay in light of conditions then current.

H-12 PERMITS AND CLEARANCES

The Government will apply for all permits. There will be one from the Yakama Nation Water Code Administration and one from the Yakama Nationa Cultural Resources Department. The Contractor shall work in compliance with these permits.

The Offeror shall be in compliance with the Yakama Nation Department of Revenue requirement and have a business license as specified in Specification Section 01301.

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.

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/far/ http://www.hhs.gov/policies/hhsar/subpart301-1.html

Clause Title Date

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS

OCT 2015

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE JUL 2013

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT

OCT 2015

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS

NOV 2015

52.211-18 VARIATION IN ESTIMATED QUANTITY APR 1984

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE NOV 2011

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION JUL 2013

52.222-3 CONVICT LABOR JUNE 2003

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 JULY 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

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR

CONSTRUCTION

APR 2015

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES JUL 2014

52.222-50 COMBATING TRAFFICKING IN PERSONS MAR 2015

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 DEC 2015

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS

SEPT 2013

52.223-6 DRUG-FREE WORKPLACE MAY 2001

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

AUG 2011

52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS

[for contractor operation of Government-owned or -leased facilities or

MAY 2011

Clause Title Date vehicles, located in the US]

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUNE 2008

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT

DEC 2007

52.228-2 ADDITIONAL BOND SECURITY OCT 1997

52.228-11 PLEDGES OF ASSETS JAN 2012

52.228-14 IRREVOCABLE LETTER OF CREDIT MAY 2014

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS 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

CONTRACTORS

DEC 2013

52.233-1 DISPUTES MAY 2014

52.233-1 DISPUTES – ALTERNATE I DEC 1991

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

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

52.236-16 QUANTITY SURVEYS APR 1984

52.236-17 LAYOUT OF WORK APR 1984

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION FEB 1997

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.242-14 SUSPENSION OF WORK APR 1984

52.243-5 CHANGES AND CHANGED CONDITIONS APR 1984

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS DEC 2015

52.248-3 VALUE ENGINEERING - CONSTRUCTION OCT 2015

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(FIXED-PRICE) – ALTERNATE I

SEP 1996

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) APR 1984

52.253-1 COMPUTER GENERATED FORMS JAN 1991

HHSAR Clauses:

Clause Title Date

352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations DEC 2015

352.226-1 Indian Preference DEC 2015

352.226-3 Native American Graves Protection and Repatriation Act DEC 2015

352.239-74 Electronic and Information Technology Accessibility DEC 2015

I-2 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.

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

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

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

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

“Domestic construction material” means—

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

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which 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 the 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.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the

Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

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

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

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

[Include other applicable supporting information.]

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

(End of Clause)

I-3 52.228-13 – ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)

(a) The Contractor shall submit one of the following payment protections:

1. Payment bond,

2. Irrevocable letter of credit (ILC), or

3. Deposit of security in the form of a certified or cashier’s check, bank draft, money order, or currency.

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the

Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(End of Clause)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

Section J. List of Documents, Exhibits and Other Attachments

J-1 ATTACHMENTS

Attachment 1 Technical Specifications, 30 pages

Attachment 2 Site Location Drawings, 2 pages

Attachment 3 Construction General Wage Decision WA104 dated 01/08/2016, 8 pages

Attachment 4 SF25A-14a Payment Bond, 2 pages

PART IV – REPRESENTATIONS AND INSTRUCTIONS

Section K. REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

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

This solicitation incorporates one or 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 this/these addresses: https://www.acquisition.gov/far/ and http://www.hhs.gov/policies/hhsar/subpart301-1.html

Provision Title Date

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS

DEC 2014

(End of provision)

K-2 52.204-8 – ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 237110.

(2) The small business size standard is $36.5 million/year.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph

(d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--

Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation.

This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following certifications are applicable as indicated by the Contracting Officer:

___ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision) https://www.acquisition.gov/

Section L. INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS OR

RESPONDENTS

L-1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (Feb 1998)

This solicitation incorporates one or 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 this/these addresses: https://www.acquisition.gov/far/ and http://www.hhs.gov/policies/hhsar/subpart301-1.html

Provision Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT JUL 2013

52.204-16 COMMERCIAL AND GOVERNMENTAL ENTITY CODE REPORTING JUL 2015

52.204-18 COMMERCIAL AND GOVERNMENTAL ENTITY CODE

MAINTENANCE

JUL 2015

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE APR 1991

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY APR 1991

(End of provision)

L-2 MAGNITUDE OF PROPOSED CONSTRUCTION PROJECT

The magnitude of this construction project is between $25,000.00 and $100,000.00.

L-3 REQUIREMENTS FOR AN ACCEPTABLE RESPONSE

All quotes must contain the following:

1. The OF347 completed with a minimum of Blocks 7, 17, 17(f), and 17(i) filled in and returned with the offer;

2. The Schedule of Items (Page 6 of 33) completed, signed and totaled;

3. The offeror may submit Section K, Representations, Certifications and Other Statements of Offerors, completed and signed (hard copy) or if the offeror chooses to NOT submit this in hard copy, the

Government will obtain like information directly from the SAM website. In accordance with FAR 4.1201, representations and certifications shall be submitted to the System for Award Management (www.sam.gov) and updated at least annually to ensure they are kept current, accurate, and complete.

Only electronic quotations will be accepted and shall be emailed to Jane.Stuessy@ihs.gov.

L-4 FACSIMILE OFFERS

Facsimile offers (including modifications and withdrawals) are not authorized and will not be considered.

L-5 AVAILABLILTY OF SOLICITATION DOCUMENTS

(a) The Solicitation and attachments are available at no charge in electronic, downloadable, PDF attachments, online at www.fbo.gov, under Solicitation Number: 16-102-SOL-00006. Hard copy plans will NOT be distributed.

https://www.acquisition.gov/far/ http://www.hhs.gov/policies/hhsar/subpart301-1.html http://www.orca.bpn.gov/

(b) It shall be the responsibility of each Offeror to ensure all amendments have been obtained by visiting www.fbo.gov. Receipt and use of solicitation documents from any source other than www.fbo.gov shall be done at the Offeror’s own risk and expense.

L-6 AWARD NOTICE

This is a Request for Quotation (RFQ). An award notice will be posted on the Federal Business Opportunities website located at www.fbo.gov upon award. The award notice will include the awardee’s name and address and total award amount.

L-7 REQUESTS FOR INFORMATION/QUESTIONS

Questions regarding this solicitation must be submitted in…