A15_Solicitation-1-27.pdf

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

DALLAS

SOLICITATION NO. 16-161-SOL-00039

PINE RIDGE QUARTERS APARTMENT BUILDING

East Highway 18

Pine Ridge, South Dakota

ISSUE DATE: 27 JANUARY 2017

PROPOSAL DUE DATE: 28 FEBRUARY 2017, 2:00 P.M. CST

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers 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

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

16-161-SOL-00039

Indian Health Service (IHS) Division of Engineering Services (DES) 1301 Young St., Suite 1071 Dallas, TX 75202

Pine Ridge Quarters Apartment Building

The contractor shall provide all necessary labor, services, equipment, tools, materials, and supplies to accomplish the work.

The project will consist of building a 19,728 square foot, single story apartment building for staff.

Please see Attachment I Specifications and Drawings for the construction of the apartment building.

Indian Health Service (IHS) Division of Engineering Services (DES) 1301 Young St., Suite 1071 Dallas, TX 75202 email: robyn.redtomahawk@ihs.gov / melissa.warmath@ihs.gov

ROBYN L. RED TOMAHAWK 214-767-8587

2 5901/27/2017

02/28/2017

2:00 pm CT

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

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

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

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.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated 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 incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Indian Health Service, Division of Engineering Services 1301 Young St., Suite 1071 Dallas, Texas 75202

Pine Ridge Indian Health Service P.O. Box 1201 - East Highway 18 Pine Ridge, South Dakota 57770

MELISSA D. WARMATH

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

CLIN 0001

Item Numbers

Taxonomy (Item Name) Price

1 Firm-Fixed-Price Contract for all labor, materials, equipment and associated costs with the plans, specifications, and other RFP documents related to the Construction of the Pine Ridge Quarters project as detailed within this solicitation and all attachments herto

Sum Total $

The intent of the contract is to provide for the complete work of the project described in the contract. Unless otherwise provided, the contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies, TERO requirements and perform all work required to complete the project in accordance with the drawings, specifications, and provisions of the contract. Payment for contract work will be made for and under those pay items included in the Schedule of Items (which is one lump sum price for the contract). All other work and materials will be considered as incidental to and included in the payment for items shown.

B.2 DEFINITIONS

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

16-161-SOL-00039

B.3 SELF-PERFORMED WORK AND LIMITATIONS ON SUBCONTRACTING

This procurement is a 100% Small Business set-aside. FAR 52.219-14 (NOV 2011), FAR 52.219-17 (DEC 1996), and FAR 52.219-27 (NOV 2011) are incorporated herein by reference. Offerors are to complete and submit with their proposals the Worksheet provided below. The period of time used to determine offerors’ compliance with the requirements for self-performance of work and the limitations on subcontracting will be the period the Agency uses to evaluate the proposal for this Contract. The information provided in this Section B.3 will be utilized to determine that the contractor will meet the requirements of the FAR clauses cited in this paragraph.

OFFEROR’s SELF PERFORMNACE WORKSHEET:

Offeror’s are required to complete this Worksheet for this Contract.

a) Offeror’s total proposed price $

b) Subtract profit or fees $

c) Subtract cost of materials $

d) Offeror’s total estimated cost of contract performance for personnel (a-b-c=d) $

e) Offeror’s total estimated self-performed cost of contract performance incurred for personnel who are Offeror’s employees or the employees of other Small Business Contractor’s (Self-Performed)

f) Offeror’s percentage of self-performed work (e/d X 100 = %) %

List of Proposed Subcontractors for this project /Value of those subcontracts:

Subcontractor $Value

List of “Self-Performed” work activities by the Small Business:

At completion of this contract, the awardee shall complete and submit the following calculations to the Contracting Officer for the actual results achieved.

a) Offeror’s total proposed price $

b) Subtract profit or fees $

c) Subtract cost of materials $

d) Offeror’s total cost of contract performance for personnel (a-b-c=d) $

e) Offeror’s total self-performed cost of contract performance incurred for personnel who are

Offeror’s employees or the employees of other Small Business Contractor’s (Self-Performed)

f) Offeror’s percentage of self-performed work (e/d X 100 = %) %

Definitions: (from 13 CFR 125.6):

Cost of the contract. All allowable direct and indirect costs allocable to the contract, excluding profit or fees.

Cost of contract performance incurred for personnel. Direct labor costs and any overhead which has only direct labor as its base, plus the concern's General and Administrative rate multiplied by the labor cost.

Cost of materials. Includes costs of the items purchased, handling and associated shipping costs for the purchased items (which includes raw materials), off-the-shelf items (and similar proportionately high-cost common supply items requiring additional manufacturing or incorporation to become end items), special tooling, special testing equipment, and construction equipment purchased for and required to perform on the contract. In the case of a supply contract, the acquisition of services or products from outside sources following normal commercial practices within the industry are also included.

Personnel. Individuals who are “employees” under §121.106 of this chapter except for purposes of the HUBZone program, where the definition of “employee” is found in §126.103 of this chapter.

Subcontracting. That portion of the contract performed by a firm, other than the concern awarded the contract, under a second contract, purchase order, or agreement for any parts, supplies, components, or subassemblies which are not available off-the-shelf, and which are manufactured in accordance with drawings, specifications, or designs furnished by the contractor, or by the government as a portion of the solicitation. Raw castings, forgings, and moldings are considered as materials, not as subcontracting costs. Where the prime contractor has been directed by the Government to use any specific source for parts, supplies, components subassemblies or services, the costs associated with those purchases will be considered as part of the cost of materials, not subcontracting costs.

END OF SECTION

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

PROJECT INFORMATION SHEET

C.1 DESCRIPTION/SPECIFICATION/WORK STATEMENT

PROJECT DESCRIPTION: CONSTRUCTION CONTRACT to complete Project at the Pine Ridge Indian Health Service for a new 19,728 square foot, single story apartment residential staff quarters building per the drawings and specifications.

LOCATION OF PROJECT: Pine Ridge, South Dakota

SITE VISIT: There will be no formal site visit. The site location is currently a vacant lot. Pictures of the site location have been provided as attachments in Section J.

PERIOD OF PERFORMANCE: 540 calendar days from the date of the Notice to Proceed.

MAGNITUDE OF PROJECT: FAR 36.204

( ) Less than $25,000 ( ) Between $25,000 and $100,000.

( ) Between $100,000 and $250,000.

( ) Between $250,000 and $500,000.

( ) Between $500,000 and $1,000,000.

(X) Between $1,000,000 and $5,000,000.

( ) Between $5,000,000 and $10,000,000.

( ) More than $10,000,000.

NAICS ASSIGNED and SIZE STANDARD: 236116, New Multifamily Housing Construction (except Operative Builders). Contractors are reminded that the intended NAICS code is to be listed within offerors SAM’s report.

(X) General Construction – Min 15% Self-Performance – Size Standard $36.5M

The Contractor shall perform the Pine Ridge Quarters Apartment Building 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.

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

(a) All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the Indian Health Service. Preservation, packaging and packing shall be in accordance with industry standard packaging appropriate for the item(s) involved. The Indian Health Service is not responsible in any manner for deliveries intended for the project that are not generated by the Indian Health Service.

(b) Equipment and materials provided by the Contractor shall be new and, where appropriate, shall arrive on-site sealed in original manufacturer’s containers. The Government reserves the right to refuse any items deemed to not meet this requirement.

SECTION E - INSPECTION AND ACCEPTANCE

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

(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. Any 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 rectifying the nonconformity. 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 an appropriate performance period extension, if completion of the work was thereby delayed.

(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 Clause)

E.2 DAILY REPORTING REQUIREMENT

(a) The Contractor shall prepare and file a "Contractor's Daily Report", for each scheduled workday of the contract performance period.

(b) The daily reports shall be delivered no later than the close of business via email to the Contracting Officer and the COR or other individual(s) designated by the Contracting Officer.

(c) Each daily report shall include all prime Contractor and subcontractor personnel on the project site, all work performed, equipment used, tests performed, and all general activities for each day of scheduled work.

(d) Reports shall be chronologically numbered, dated and signed by the Contractor or his Project Manager.

If no work was performed on a scheduled work day, a daily report must be submitted indicating this and the reasons.

(e) Failure to submit the daily reports could result in payment being withheld until such time as all daily report submittals are current. The daily report form will be provided to the contractor at the pre-construction conference and is the only acceptable form for this purpose.

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 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984)

FAR 52.211-10

The Contractor shall be required to:

(a) Commence work under this contract within the number of calendar days specified elsewhere in the contract after the date the Contractor receives the notice to proceed,

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than one hundred-eighty (180) calendar days after the Contractor receives the notice to proceed. The time stated for completion shall include all training and deliverables; as well as Substantial Completion Inspection, final cleanup of the project site and Final Inspection.

F. 3 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)

(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 $800.00 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.

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

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER

The Contracting Officer (CO) is the individual appointed with the authority to enter into, obligate funds, administer and make related determinations pertaining to the contract on behalf of the federal Government. The Contracting Officer must sign all contractual documents, including contract modifications, and approve payment requests. The Contracting Officer is the only individual authorized to make changes to the contract.

G.2 CONTRACTING OFFICER'S REPRESENTATIVES

(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.3 ADDRESS FOR CORRESPONDENCE

(a) It is the intent of the Government to use electronic means as much as possible while administering this contract.

(b) Most correspondence should be sent via email directly to the Contracting Specialist Robyn.RedTomahawk@ihs.gov or Contracting Officer Melissa.Warmath@ihs.gov. Include the Contract Number on all correspondence.

G.4 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 on the job site. The contractor is responsible for any and all actions of prime contractor and sub-contractor employees (at any tier) permitted physical 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.

The Contractor’s competent superintendent (See Section I.1, FAR 52.236-6) shall be required to pass an IHS background investigation and security clearance review. At least 10 days prior to work initiating the superintendent will be required to submit the following to the designated IHS Personnel Security Representative:

Fingerprints (need to be favorably adjudicated)

Background investigation submitted through e-QIP (requires completion of electronic questionnaire in e-QIP, resume, OF-306 form and the child care addendum form)

3 references (End of Clause)

G.5 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.

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 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 http://epls.arnet.gov/.

(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 on Form SF-1413.

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

H.4 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.5 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.6 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.7 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.8 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.9 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.10 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.11 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.12 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.13 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.14 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.15 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) The Schedule Section B

(b) Section I – Terms & Conditions

(c) Section H – Special Contract Requirements

(d) Statement of Work

(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.16 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.17 ACCIDENT REPORTING

Accident Notification/Report. In the event of a job-related accident, the Contractor shall immediately notify the Contracting Officer (CO) and the Contracting Officer’s Representative (COR) and shall prepare a detailed Report of Accident as prescribed by OSHA Regulations and forward the original and two copies to the Contracting Officer. The Contractor shall maintain an accident file for the life of the contract to include all accident reports. Any technical advice and assistance necessary in accident investigation and reporting may be requested from the respective Safety Office. Lost time injury is defined as "An injury resulting in a lost workday, not including the day of injury."

END OF SECTION

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 this/these two web addresses - This for FAR:

https://www.acquisition.gov/far/ And this for HHSAR: http://www.hhs.gov/policies/hhsar/

Clause No. Title

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 (Oct 2016)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.404-10 Reporting Executive Compensation And First-Tier Subcontract Awards (Oct 2015)

52.204-19 Incorporation by Reference of Representatives & Certifications (Dec 2014)

52-208-9 Contractor Use of Mandatory Sources of Supply or Services (May 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)

52.211-6 Brand Name or Equal (Aug 1999)

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 of Small Business Concerns (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 Certifications of Eligibility (May 2014)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Sept 2016)

52.222-27 Affirmative Action Compliance Requirements For Construction (Apr 2015)

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)

52.222-59 Compliance with Labor Laws (Executive order 13673) (Dec 2016)

52.222-60 Paycheck Transparency (Executive Order 13573) (Oct 2016)

52.222-61 Arbitration of Contractor Employee Claims (Executive Order 13673) (Dec 2016)

52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017)

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 I (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 Purchase (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 (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

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)

52.236-1 Performance of work by the Contractor (Apr 1984)

52.236-2…