Solicitation_16-102-SOL-00031.pdf

16-102-SOL-00031

Wellpinit Service Unit Modernization

PROJECT TABLE OF CONTENTS:

Section Taxonomy Page # Section A Standard Form 1442

2-3 Section B Schedule of Items 4 Section C Description and Specification

(Statement of Work)

4-5 Section D Packaging and Markings 5 Section E Inspection and Acceptance 5-6 Section F Deliveries or Performance 6-7 Section G Contract Administration Data 7-9 Section H Special Contract Requirements 9-15 Section I Contract Clauses 15-23 Section J List of Documents, Exhibits 23-24 Section K Representations and Certifications 24-34

Section L Instruction, Conditions and Notices 35-43 Section M Evaluation Factors for Award 43-44

Proposals must set forth full, accurate, and complete information as required by this request for proposal (including attachments). The penalty for making false statements in proposals is prescribed in 18 U.S.C. 1001.

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

16‐102‐SOL‐00031

2. TYPE OF SOLICITATION

SEALED BID (IFB)

(RFP)

3. DATE ISSUED

08 Nov 2016

PAGE OF PAGES

2/44 plus attachment(s)

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Indian Health Service – DES 701 Fifth Avenue, Suite 1600 MS/24 Seattle, WA 98104

Indian Health Service – DES 701 Fifth Avenue, Suite 1600 MS/24 Seattle, WA 98104

9. FOR INFORMATION

CALL:

A. NAME

John Fannon

B. TELEPHONE NO.

206-615-2453 / John.fannon@ihs.gov

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “quoter” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

Indian Health Service – Division of Engineering Services Seattle is issuing a Request for Proposal (RFP)

Wellpinit Service Unit

Location of the project is at the Wellpinit Service Unit, Wellpinit, WA 99040

This Solicitation is being issued as 100% Small Business Set Aside. - See I.1

NAICS – 236220 Commercial and Institutional Building Construction. Size Standard is $36.5 million.

**Magnitude of Construction is between $250,000.00 and $500,000.00

Proposals are due at 1300 (1 P.M.) local time, 12 December 2016 See Section L-7 for further details.

A Pre Proposal Conference and Site Visit is scheduled for 17 November 2016. See L.6 52.236-27 Site Visit (Construction)

11. The Contractor shall begin performance within 10 calendar days and complete it within 180 calendar days after receiving

Award, notice to proceed. This performance period is mandatory, negotiable. (See F.2 52.211-10.)

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

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

Bonds

12B. CALENDAR DAYS

10 Calendar Days After Award

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Quotes per this solicitation to perform the work required are due at the place specified in per each task order. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the quotes name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

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

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442

(REV. 4-85)

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

Offeror

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

15. TELEPHONE NO. (Include area code)

DUNS #

16. Email Address

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within 90 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

Lump Sum Proposal Price (See Section B-1 on following page) $ ________________

18. N/A

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN QUOTE

(Type or print)

20B. SIGNATURE

20C. Quote DATE

21. ITEMS ACCEPTED: N/A

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 5 ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

Block 7 Information will be provided on award.

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

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

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK

(REV. 4-85)

B.1 SCHEDULE of ITEMS

Base CLIN 0001 Item Numbers

Taxonomy (Item Name) Price

0001 Base CLIN ~ Firm-Fixed-Price cost for all labor, materials, equipment and associated costs with the plans, specifications, and other RFP documents related Base CLIN items for the Not-tsoo Gah-nee Indian Health Center (Fort Hall Service Unit).

Option CLIN(s) 0002 Option CLIN ~ Firm-Fixed-Price Contract for all labor, materials, equipment and associated costs for the Laboratory Area. Work includes demolition and relocation of the East wall of Room 116, demolition of the East wall of Room 115, and an addition to the South wall of Room 115.

0003 Option CLIN ~ All, labor, materials, equipment and associated costs with Expanded front entry. Work includes demolition of curbing, concrete sidewalk, and asphalt. Installation of new concrete drive, concrete curbing, bollards, and repairs to CMU columns.

0004 Option CLIN ~ All, labor, materials, equipment and associated costs with background checks.

Sum Total for Evaluation Purposes $

The offeror shall include a lump sum, firm fixed price for the Wellpinit improvements in accordance with the detailed design and specification documents and all other requirements included in this solicitation. In accordance with the terms and conditions stated herein, the Contractor shall furnish all labor, material, equipment and incidentals required for the performance of this contract. The Lump Sum Firm Fixed Price to complete all requirements identified herein (CLIN 0001, 0002, 0003 & 0004) shall be entered in Block 17 of the SF1442. The Lump Sum Firm Fixed Price entered in Block 17 of the SF1442 shall be utilized for price evaluation and award determination purposes.

Offeror shall complete block numbers: 14 (with Duns number), 15, 16, 17, 20A, 20B, 20C, 30A, 30B, 30C on the SF-1442.

B.2 DEFINITIONS

For purposes of this solicitation, the terms Offer, Offeror, or Offerors are synonymous with the terms Bid, Bidder, or Bidders.

END OF SECTION B

SECTION C

C.1 DESCRIPTION/SPECIFICATION/WORK STATEMENT

Wellpinit Service Unit Modernization project.

Period of Performance: 180 calendar days from the date of Notice to Proceed.

The Contractor shall perform the Wellpinit Service Unit Modernization project in accordance with the following:

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

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

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

END OF SECTION C

SECTION D--PACKAGING AND MARKING

N/A

END OF SECTION D

SECTION E--INSPECTION AND ACCEPTANCE

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

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

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

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

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

END OF SECTION E

SECTION F--DELIVERIES OR PERFORMANCE

F.1. 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(s):

www.acquisition.gov/far/

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 10 calendar days after the date the Contractor receives the Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work within as directed per Section C: SOW. The time stated for completion shall include final cleanup of the premises. Performance time will include submittals and approvals.

F. 3 52.211-12 Liquidated Damages—Construction (Sept 2000)

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

Number Title Date

52.211-13 Time Extensions Sep 2000

52.242-14 Suspension of Work Apr 1984

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $240.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

END OF SECTION F

SECTION G—CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION DATA

1. Administration of this contract is under the cognizance of the Indian Health Service, Office of Environmental Health and Engineering, Division of Engineering Services.

1. Administration of this contract is under the cognizance of the Indian Health Service, Office of Environmental Health and Engineering, Division of Engineering Services.

a. The Procuring Contracting Officer (PCO) for this procurement is:

John Fannon IHS/Division of Engineering Services 701 5th Avenue, Suite 1600, MS-24 Seattle, WA 98104 Telephone: (206) 615-2453 john.fannon@ihs.gov

b. The Contracting Officer’s Representative for this procurement is:

Christopher Vaught Division of Facility Management and Engineering Office of Environmental Health and Engineering

G.2 CONTRACTING OFFICER

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

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(a) 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 301.603-70 which authorizes a warranted Contracting Officer to delegate Contracting Officer responsibilities to non-GS/GM-1101 or 1102 or GS-1105 or 1106 personnel.

(b) 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 COR and shall have the following authorities and responsibilities unless otherwise specified in the notice of appointment.

(c) The COR 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 recommendation of 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. Issuance of a Notice of Noncompliance by the COR does not constitute a suspension of work as described in F.4 52.242-14, Suspension of Work (April 1984).

(d) 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. See also HHSAR 352.202-1, Definitions.

G.4 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 proposal with value(s) for each principal category of the work which when added together equal the total contract price. A sample format is available from the Contracting Officer. The following is the detail required by the Contracting Officer:

(1) The principle categories of work shall be broken into line items of sufficient detail to allow meaningful measurement of the work on a monthly basis as determined by the COR. Units of measure appropriate to the type of work shall be used. “Lump sum” pricing of line items shall be avoided except where payment for that line item is to be requested based on 100% completion of that line item or where there is no other practical unit of measure.

(2) The cost of preparatory work (e.g., shop drawings or product submittals), field and home office overhead, profit, insurance, taxes, warranties, as-built drawings, etc., shall be pro-rated into items of physical work and not listed as separate line items. Cost of Performance and Payment Bonds may be listed as a single line item and not pro-rated. Also, cost of mobilization and demobilization relating to transportation or installation costs associated with such items as site trailers, heavy equipment, temporary batch plants, temporary on-site manufacturing and assembly facilities, temporary on-site quarter’s facilities, temporary sanitation facilities, temporary utility connections, and/or temporary secured storage facilities may be listed as line items and not pro-rated. If mobilization is listed separately, a line item for demobilization must be included and shall be at least 20 percent of the mobilization cost. A detailed listing of the items included and the individual cost for each item shall be provided in support of proposed amounts for mobilization and demobilization.

(b) Material stored on site may be included in earned progress if the Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform in contract.

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

(1) Requests are to be submitted with signature for the Contractor certification statement (scanned signature okay) to the Designated Billing Office. Use of a format that complies with all of the requirements of the “Payments” clause of the contract is mandatory. A sample format is available from the Contracting Officer.

(2) The Contractor is responsible for delivery of each request for payment to the billing office.

Hand delivery to the COR in the field does not constitute delivery to the billing office.

(3) If the contractor wishes to inquire concerning the status of any pay request, the contractor should contact the billing office.

(4) A completed Release of Claims that complies with the requirements of the “Payments” clause must be submitted with the request for final payment. A sample format is available from the Contracting Officer.

(e) The final payment request will be rejected and returned to the contractor if all items required under the contract have not been completed, submitted, approved, and accepted prior to the receipt of the request; e.g., deficient work items, as-built, payrolls, reports, O&M manuals, delivery of extra stock material, etc.

END OF SECTION G

SECTION H–SPECIAL CONTRACT REQUIREMENTS

H.1 TERO (TRIBAL EMPLOYMENTS RIGHTS ORDINANCE)

Any applicable TERO requirements shall be the responsibility of the contractor and must be included in the firm fixed price offered on the SF1442. Failure to include applicable TERO fees in the firm fixed price shall not constitute grounds for an equitable adjustment after award.

H.2 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.3 COORDINATION OF TRADES

The drawings are in part diagrammatic and show the general arrangement of ducts, piping, conduits, etc., of mechanical and electrical work. The contractor shall have a competent and registered engineer to coordinate all fieldwork and shop drawings of the various trades prior to installation and for submission of coordinated shop drawings for approval. Spaces shall be allotted to the various trades prior to the installation of the work. In spaces where all the various installations cannot be accommodated, the contractor shall, prior to fabrication or installation of work, notify the Contracting Officer and submit suggestions as to the solution. The contractor shall be responsible for the coordination of the various trades involving location and size of all sleeves, electric outlets, inserts, piping, shafts, conduits, hangers, ducts, and similar installations.

H.4 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.

(c) The contractor shall maintain on the site, a complete current set of manufacturers' and standards referenced from work under the contract.

H.5 WORK HOURS AND ACTIVE GOVERNMENT OPERATIONS

Normal work days and hours are Monday through Friday, 7:30 am to 5:00 pm, excluding federal holidays. The Contractor shall notify the Facility Manager a minimum of 24 hours in advance of arriving on site to complete work and check in with the Facility Manager upon arrival. The facility and grounds will be occupied and in operation during normal work days and hours. The Contractor shall coordinate its work to minimize disruption to government operations, keep work areas clean, maintain facility access, and minimize inconvenicnes for the public. A mimimum of 48 hours of advance notice is required for special request to work outside of normal work hours.

H.6 INSURANCE

FAR 52.228-5, Insurance Work on a Government Installation, states that "The contractor shall, at its own expense, provide and maintain during the entire performance period of this contract, at least the kinds and minimum amounts of insurance required in the schedule or elsewhere in the contract." The following is the minimum insurance required by the Contracting Officer:

(a) Workers' Compensation and Employer's Liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so comingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: Bodily injury liability insurance coverage written on the comprehensive form of a policy of at least $500,000 per occurrence.

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

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

H.7 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, 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 him. As built shall be submitted for review/approval as a condition precedent to the request for final inspection of the work.

H.8 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.

H.09 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.10 SALVAGE

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.11 NEW WORK

Unless otherwise noted on drawings or specified, new work in extension of existing conditions shall correspond in all respects to similar existing conditions, in material, workmanship and finish.

H.12 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.13 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:

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.

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).

(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.

H.14 ORDER OF PRECEDENCE - REQUIREMENTS, SPECIFICATIONS, DRAWINGS

Resolve any inconsistencies in the Specifications of this solicitation and any resultant contract by giving precedence in the following order:

(a) Section A (SF-1442) and Section B (Schedule of Items)

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

(c) Section H – Special Contract Requirements

(d) Section C - Description/Specification/Work Statement

(e) Drawings

1. Drawings, figured dimensions over scaled dimensions

2. Drawings, large scale contract drawings over small scale contract drawings

3. Schedules on contract drawings over any conflicting notations on contract drawings.

4. Shop Drawings – (The term "Shop Drawings", includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the Contractor to explain in detail specific portions of the work required by the contract.)

H.15 EMPLOYEE APPEARANCE

The Contractor shall ensure that all employees present a professional appearance that is appropriate for their position. The Contracting Officer reserves the right to determine the acceptability of any clothing worn. All Contractor/subcontractor employees working under this contract shall be identified by a distinctive nameplate, emblem, or patch attached in a prominent place on an outer garment. Employee identification shall not be substituted for required passes or badges.

H.16 CONTRACTOR EMPLOYEE SECURITY CLEARANCE RESPONSIBILITIES

The Contractor, at his discretion, is responsible for completing investigations and background checks for all employees, including sub-contractors and their employees that perform work under this contract at the physical job site. The contractor is responsible for any and all actions of prime contractor and sub-contractor employees (at any tier) permitted access to the job site during the performance of work under this contract. The contractor is responsible to ensure all employees’ access is limited to authorized work zones.

H.17 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE

The Contractor assumes responsibility for all damage or injury to persons or property occasioned through the use, maintenance, and operation of the Contractor’s vehicles or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents. The Contractor assumes responsibility for any and all damage and/or injury to persons or property resulting from any action of prime contractor and subcontractor employees (at any tier).

The Contractor, at the Contractor’s expense, shall maintain adequate public liability and property damage insurance during the continuance of this contract, insuring the Contractor against all claims for injury or damage.

The Contractor shall maintain Workers’ Compensation and other legally required insurance with respect to the Contractor’s own employees and agents.

The Government shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents in performing under this contract, and the Government shall be indemnified and held harmless against claims for damage or injury in such cases.

(End of clause)

H.18 PHYSICAL BARRIER AND ACCESS CONTROL

Subject to prior submittal and approval of the IHS, the Contractor shall install or construct a physical barrier between the construction activity/work zone and ongoing hospital/clinic operations. The barrier shall be installed prior to the commencement of all other work and shall control the access of all Contractor personnel to the approved construction activity/work zone. The Contractor must further prohibit all Contractor personnel authorized to perform work under this contract from entering any area of the facility other than those areas where work is being performed and is cordoned off from facility operations. The barrier shall be removed upon completion of all work and as approved by the IHS.

Failure to adhere to this requirement may result in permanent removal of the Contractor employee found to be outside of the approved construction activity/work zone. Repeated failure to adhere to this requirement may result in termination of this contract for default in accordance with FAR 52.249-10.

(End of Clause)

END OF SECTION H

SECTION I--CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these two web addresses - This for FAR: https://www.acquisition.gov/far/ And this for HHSAR: http://www.hhs.gov/policies/hhsar/

52.202-1 Definitions Nov 2013

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

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

Sep 2007

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

52.203-13 Contractor Code of Business Ethics and Conduct Oct 2015

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

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

52.204-7 System for Award Management Jul 2013

52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

52.204-10 Reporting Executive Compensation And First-Tier Subcontract Awards

Oct 2015

52.204-13 System for Award Management Jul 2013

52.204-19 Incorporation by Reference of Representations & 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 Nov 2015

52.210-1 Market Research Apr 2011

52.215-2 Audit and Records- Negotiations. Oct 2010

52.215-19 Notification of Ownership Changes. Oct 1997

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

52.219-8 Utilization of Small Business Concerns Oct 2014

52.219-14 Limitations on Subcontracting Nov 2011

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

52.222-3 Convict Labor Jun 2003

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

52.222-6 Construction Wage Rate Requirements May 2014

52.222-7 Withholding Of Funds May 2014

52.222-8 Payrolls And Basic Records May 2014

52.222-9 Apprentices And Trainees Jul 2005

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 Davis-Bacon And Related Act 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 Mar 2007

52.222-27 Affirmative Action Compliance Requirements For Construction Apr 2015

52.222-37 Employment Reports on Veterans Feb 2016

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 2015

52.223-2 Affirmative Procurement of Bio based Products Under Service and Construction Contracts.

Sep 2013

52.223-3 Hazardous Material Identification and Material Safety Data Jan 1997

52.223-5 Pollution Prevention And Right-To-Know Information, Alt 1 May 2011

52.223-6 Drug-Free Workplace May 2001

52.223-15 Energy Efficiency in Energy-Consuming Products Dec 2007

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

May 2008

52.223-18 Contractor Policy To Ban Text Messaging While Driving Aug 2011

52.225-13 Restrictions On Certain Foreign Purchases Jun 2008

52.228-2 Additional Bond Security Oct 1997

52.228-5 Insurance – Work on Government Installation Jan 1997

52.228-11 Pledge Of Assets Jan 2012

52.228-12 Prospective Subcontractor Requests For Bonds May 2014

52.228-14 Irrevocable Letter Of Credit Nov 2014

52.229-3 Federal, State, And Local Taxes As a reminder all offerors are responsible for allowing for all applicable state, local and tribal taxes and fees within their bids and to perform their own due diligence in ascertaining them. Failure to do so will not constitute a request for an equitable adjustment to the contract price.

Feb 2013

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

52.232-17 Interest May 2014

52.232-23 Assignment Of Claims May 2014

52.232-27 Prompt Payment For Construction Contracts May 2014

52.232-33 Payment By Electronic Funds Transfer—System for Award Management Jul 2013

52.232-39 Un-enforceability of Un-authorized Obligations Jun 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013

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

52.233-3 Protest After Award Aug 1996

52.233-4 Applicable Law For Breach Of Contract Claim Oct 2004

52.236-2 Differing Site Conditions Apr 1984

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

52.236-5 Material and Workmanship Apr 1984

52.236-6 Superintendence By The Contractor Apr 1984

52.236-7 Permits And Responsibilities Nov 1991

52.236-8 Other Contracts Apr 1984

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

Apr 1984

52.236-10 Operations And Storage Areas Apr 1984

52.236-11 Use And Possession Prior To Completion Apr 1984

52.236-12 Cleaning Up Apr 1984

52.236-13 Accident Prevention Alternate I (Nov 1991) Nov 1991

52.236-14 Availability and Use of Utility Services. Apr 1984

52.236-15 Schedules for Construction Contracts. Apr 1984

52.236-17 Layout of Work Apr 1984

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

52.236-26 Preconstruction Conference Feb 1995

52.242-13 Bankruptcy Jul 1995

52.242-14 Suspension of Work Apr 1984

52.243-4 Changes June 2007

52.244-6 Subcontracts For Commercial Items Feb 2016

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 Alt1 Apr 2012

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

52.253-1 Computer Generated Forms Jan 1991

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

Number Title Date

352.203-70 Anti-lobbying Dec 2015

352.211-3 Paperwork Reduction Act Dec 2015

352.222-70 Contractor Cooperation in Equal Employment Opp. Investigations Dec 2015

352.223-70 Safety and Health Dec 2015

352.227-70 Publications And Publicity Dec 2015

I.2 FAR 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 option by written notice to the Contractor within 30 days of Contract Award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause)

I.3 FAR 52.222-35 EQUAL OPPORTUNITY VETERANS (OCT 2015)

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

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,’ and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate of identify properly the parties and their undertakings.

(End of Clause)

I.4 FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL

2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

I.5 FAR 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 postconsumer material content; and

(2) Submit this estimate to the Contracting Officer.

(End of clause)

I.6 FAR 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for proposal submission, may be cause for rejection of the offer.

(b) The offeror shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties…