SF1442.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

17-102-SOL-00013

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

02/08/2017

PAGE OF PAGES

1 41

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

TBD

6. PROJECT NUMBER

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

Anthony Buch

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

206-615-2790 or anthony.buch@ihs.gov

SOLICITATION

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

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

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

17-102-SOL-00013

Ft. Thompson Crow Creek Sioux Reservation Primary Wastewater Lagoon Cell Renovation Ft. Thompson is located at Ft. Thompson Community, Crow Creek Sioux Tribe, Buffalo County, SD

This Solicitation is being issued as 100% HUBZone Small Business Set Aside.

NAICS – 237110 Water and Sewer Line and Related Structures Construction $36.5 million size standard.

**Magnitude of Construction is between $500,000.00 and $1,000,000.00.

Proposals are due at 1400 (2 P.M.) local time, March 13, 2017

A Pre Proposal Conference and Site Visit is scheduled for Wednesday, February 15, 2017 at 0800 (8 A.M.) See 52.236-27 Site

Visit (Construction)

11. The contractor shall begin performance within 10 calendar days and complete it within 150 calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See 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.)

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

12b. CALENDAR DAYS

10 days after award

a. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 2:00 PM (hour) local time 03/13/2017 (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required.

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 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

See Schedule

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) ( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

Provided at time of award Same as block 7

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

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

DUNS#

CODE FACILITY CODE

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 by the Government in writing within 60 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.)

AMOUNTS Total All Items: $

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.

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

21. ITEMS ACCEPTED:

0001-0018

AWARD (To be completed by Government)

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 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.

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)

Anthony R. Buch

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

17‐102‐SOL‐00013

PART I SCHEDULE

Item No. Supplies/Services Quantity Unit Unit Price Amount

0001 Furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to mobilize to Ft. Thompson, Crow Creek Sioux reservation in accordance with the attached SOW, drawings, and specifications, including all the provisions and clauses provided in the Request for Proposal (RFP).

JB

0002 Furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to excavate at Ft. Thompson, Crow Creek Sioux reservation in accordance with the attached SOW, drawings, and specifications, 12,732 (EST)

CY

0003 Furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to borrow at Ft. Thompson, Crow Creek Sioux reservation in accordance with the attached SOW, drawings, and specifications, including all the provisions and clauses provided in the Request for Proposal (RFP).

575 (EST)

0004 Furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to provide bentonite liner (5 lb/Sq ft) to Ft. Thompson, Crow Creek Sioux reservation in accordance with the attached SOW, drawings, and specifications, including all the provisions and clauses provided in the Request for Proposal

(RFP).

200 (EST)

TN

0005 Furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to install bentonite liner at Ft.

Thompson, Crow Creek Sioux reservation in accordance with the attached SOW, drawings, and specifications, including all the provisions and

1,143 (EST)

0006 Furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to provide and install a protective cover at Ft. Thompson, Crow Creek Sioux reservation in accordance with the attached SOW, drawings, and specifications, including all the provisions and clauses provided in the Request for Proposal (RFP).

1,412 (EST)

0007 Furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to provide and install 10-inch SDR-26 pipe at Ft. Thompson, Crow Creek Sioux reservation in accordance with the attached SOW, drawings, and specifications, including all the

8,220 (EST)

LF

0008 Furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to provide and install 8-inch SDR-26

PART I SCHEDULE

Item No. Supplies/Services Quantity Unit Unit Price Amount pipe at Ft. Thompson, Crow Creek Sioux reservation in accordance with the attached SOW, drawings, and specifications, including all the

165 (EST)

0009 Furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to provide and install ballast weights at Ft. Thompson, Crow Creek Sioux reservation in accordance with the attached SOW, drawings, and specifications, including all the provisions and

60 (EST)

EA

0010 Furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to provide and install inlet splash pad with rip rap at Ft. Thompson, Crow Creek Sioux reservation in accordance with the attached SOW, drawings, and specifications, including all the

6 (EST)

0011 Furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to provide and install outlet pad with rip rap at Ft. Thompson, Crow Creek Sioux reservation in accordance with the attached SOW, drawings, and specifications, including all the

1 (EST)

0012 Furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to provide and install stripping and grubbing at Ft. Thompson, Crow Creek Sioux reservation in accordance with the attached SOW, drawings, and specifications, including all the

AC

0013 Furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to provide soil preparation and seeding at Ft. Thompson, Crow Creek Sioux reservation in accordance with the attached SOW, drawings, and specifications, including all the

10 (EST)

AC

0014 Furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to provide and install new depth indicator at Ft. Thompson, Crow Creek Sioux reservation in accordance with the attached SOW, drawings, and specifications, including all the

0015 Furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to remove, clean, and reinstall rip-rap, PART I SCHEDULE

Item No. Supplies/Services Quantity Unit Unit Price Amount minimum 9-inch thickness at Ft. Thompson, Crow Creek Sioux reservation in accordance with the attached SOW, drawings, and specifications, 0016 Furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to provide and install rip-rap, minimum 9-inch thickness at Ft. Thompson, Crow Creek Sioux reservation in accordance with the attached SOW, drawings, and specifications, 1,093 (EST)

0017 Furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to provide and install geotextile 25-foot wide at Ft. Thompson, Crow Creek Sioux reservation in accordance with the attached SOW, drawings, and specifications, including all the

530 (EST)

0018 Furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to provide and install a silt fence at Ft.

Thompson, Crow Creek Sioux reservation in accordance with the attached SOW, drawings, and specifications, including all the provisions and

2,800 (EST)

Total (0001-0018)

Price Schedule Notes:

1. Line Items 0001-0018 shall include all salaries, overhead, G&A, fringe benefits, insurance, bonding, profit, travel, materials to include all subcontracting costs, and any other costs detailed in the attached specifications, notes, details, and, plans necessary to perform the work herein. Offeror(s) must submit pricing for the line items in the above schedule. In the event that estimated quantities are lower or higher than estimated (+ or – 25%), any negotiated change will be based on the firm-fixed unit prices in the schedule.

2. Line items shall only be reimbursed for actual costs performed at the firm-fixed unit price not-to-exceed the total amount for each item. Associated work should be validated and approved by the Contracting Officer’s Representative (COR). Travel expenses will not be reimbursed. Failure to quote in this manner may result in proposal rejection.

KEY:

JB=Job EST=Estimated LF=Linear Feet CY=Cubic Yards EA=Each AC=Acre TN=Ton DY=Day

1. TYPE OF CONTRACT

The Government contemplates award of a firm-fixed-price construction contract with a not-to-exceed amount for Line Item 0002.

This solicitation for construction and any resulting contract is subject to Federal Acquisition Regulation (FAR) Part 36, Construction and Architect-Engineer Contract. This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular Number

PART I SCHEDULE

Item No. Supplies/Services Quantity Unit Unit Price Amount

2005-95 effective January 13, 2017.

FAR 52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows:

To be determined.

(End of clause)

PART I

SOLICITATION INSTRUCTIONS & REQUIREMENTS

17‐102‐SOL‐00013

PROJECT TITLE: Ft. Thompson Primary Wastewater Lagoon Cell Renovation.

PROJECT LOCATION: Ft. Thompson, Crow Creek Sioux Reservation

GENERAL: The prime contractor may share bidding materials with subcontractors and suppliers as necessary; however, all questions shall be submitted by the prime contractors on behalf of its subcontractors and suppliers.

STATEMENT OF WORK: The contractor shall provide all labor, tools, equipment, materials and supplies necessary to perform the work identified in the Statement of Work (SOW), specifications, drawings, notes, and other contract terms and conditions.

CONTRACT SPECIFIC TERMS AND CONDITIONS:

A. Construction Magnitude. The magnitude of construction for this project is:

[ ] Less than $25,000 [ ] Between $25,000 and $100,000 [ ] Between $100,000 and $250,000 [ ] Between $250,000 and $500,000 [x] Between $500,000 and $1,000,000 [ ] Between $1,000,000 and $2,000,000 [ ] Between $2,000,000 and $5,000,000

B. Bid Bond: A Bid Guarantee IS required.

C. Payment and Performance Bonds ARE required in accordance with FAR 28.102-2.

D. FAR Clause 52.228-13, Alternative Payment Protections IS NOT applicable.

CONTRACT SPECIFIC TERMS AND CONDITIONS:

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

B. Questions Regarding the Solicitation and Project: Shall be submitted in writing to Anthony Buch, Contracting Officer, via e-mail at anthony.buch@ihs.gov. Questions will be accepted up to March 9, 2017, 2:00 PM Pacific Time. The Government is not obligated to answer any questions submitted after this date.

C. Furthermore, all questions shall be submitted by the prime contractor(s) on behalf of their subcontractor(s) and supplier(s) to the contract Specialist. Questions submitted by subcontractors and/or suppliers directly to the contract specialist will be rejected and not answered.

D. Quotation Date: Quotes are to be submitted via e-mail to the assigned Contract Specialist/Contracting Officer by the date and time indicated in Block 10 of the SF1442.

E. Quote Acceptance Period: Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

PERIOD OF PERFORMANCE: Date of notice to proceed (NTP) until 150 calendar days thereafter The contractor shall not commence work until it has been issued a Notice to Proceed (NTP). The award is not the NTP for this contract work.

Prior to issuance of an NTP, the contractor shall submit for approval performance and payment bonds, a project schedule showing the date when on-site work will begin, the hours work will be performed, the date the work will be completed, and all required insurance. No work will be performed on Saturdays, Sundays, or federal holidays.

SUBMITTALS:

Submittals shall be sent to Contracting Officer and Contracting Officer’s Representative (COR). Submittals shall be accepted by the COR.

SELF-PERFORMED WORK AND LIMITATIONS ON SUBCONTRACTING

This procurement is a 100% HUBZone set-aside. 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.

17‐102‐SOL‐00013

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 HUBZone 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 HUBZone 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 = %) % g)

17‐102‐SOL‐00013

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.

PART II‐CONSTRUCTION CLAUSES

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

https://www.acquisition.gov/far/index.html https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html

FEDERAL ACQUISITION REGULATION (FAR) CLAUSES INCORPORATED BY REFERENCE

CLAUSE

TITLE DATE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014

52.203-8

Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity MAY 2014

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

52.203-12

Limitation on Payments to Influence Certain Federal Transactions OCT 2010

52.203-17

Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017

52.204-2 Security Requirements –Alternate II(APR 1984) AUG 1996

52.204-4

Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011

52.204-10

Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19

Incorporation by Reference of Representations and Certifications DEC 2014

52.204-21

Basic Safeguarding of Covered Contractor Information Systems JUN 2016

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

52.211-18 Variation in Estimated Quantity APR 1984 52.215-2 Audit and Records – Negotiation OCT 2010 52.216-7 Allowable Cost and Payment-Alternate I (FEB 1997) JUN 2013 52.219-3 Notice of HUBZone Set-Aside or Sole Source Award NOV 2011 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-14 Limitations on Subcontracting JAN 2017 52.219-28 Post-Award Small Business Program 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 Construction Wage Rate Requirements and Related Regulations MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016

52.222-27

Affirmative Action Compliance Requirements for Construction APR 2015

52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers With Disabilities JUL 2014 52.222-37 Employment Reports on Veterans 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 52.222-60 Paycheck Transparency (Executive Order 13673) OCT 2016 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017

52.223-2

Affirmative Procurement of Biobased Products Under Service and Construction Contracts SEP 2013

52.223-4 Recovered Material Certification MAY 2008 52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons JUN 2016

52.223-17

Affirmative Procurement of EPA-designated Items in Service and Construction Contracts MAY 2008

52.223-18

Encouraging Contractor Policies to Ban Text Messaging While Driving AUG 2011

52.223-21 Foams JUN 2016 52.225-13 Restrictions on Certain Foreign Purchases JUNE 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice and Assistance Regarding Patent and Copyright

Infringement DEC 2007 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-11 Pledges of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds—Construction OCT 2010 52.229-3 Federal, State, and Local Taxes FEB 2013 52.232-5 Payments under Fixed Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Assignment of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017

52.232-33

Payment by Electronic Funds Transfer-System for Award Management JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40

Providing Accelerated Payments to Small Business Subcontractors DEC 2013

52.233-1 Disputes (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 Protection of Existing Vegetation, Structures, 52.236-9 Equipment, Utilities, and Improvements APR 1984 52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Surveys APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.243-6 Change Order Accounting APR 1984 52.244-6 Subcontracts for Commercial Items JAN 2017 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-1 Value Engineering OCT 2010 52.248-3 Value Engineering – Construction OCT 2015

52.249-2

Termination for Convenience of the Government (Fixed-Price)-Alternative I (SEP 1996) APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991

(End of Clause)

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

The Contractor shall be required to (a) commence work under this contract within one (1) calendar days 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 fifty (150) calendar days after the date the contractor receives the notice to proceed, unless an option is exercised that would extend the performance to that contained in the applicable CLIN description. The time stated for completion shall include final cleanup and correction of punch list items.

(End of Clause)

FAR 52.211-12 — LIQUIDATED DAMAGES – CONSTRUCTION (SEP 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 $249.63 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 Clause)

FAR 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within anytime during the Contract’s period of performance. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

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 anytime during the Contract’s period of performance. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

FAR 52.225-9 BUY AMERICAN —CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

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

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

“Domestic construction material” means—

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

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

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

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: ______ [Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

I Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph I of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

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

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

HHSAR 352.203-70 ANTI-LOBBYING (DECEMBER 18, 2015)

Pursuant to the HHS annual appropriations acts, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for:

(a) Publicity or propaganda purposes;

(b) The preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any state or local legislature itself; or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any state or local government, except in presentation to the executive branch of any state or local government itself; or

(c) Payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before the Congress or any state government, state legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a state, local, or tribal government in policymaking and administrative processes within the executive branch of that government.

(d) The prohibitions in subsections (a), (b), and (c) above shall include any activity to advocate or promote any proposed, pending, or future federal, state, or local tax increase, or any proposed, pending, or future requirement for, or restriction on, any legal consumer product, including its sale or marketing, including, but not limited to, the advocacy or promotion of gun control.

(End of clause)

HHSAR 352.208-70 PRINTING AND DUPLICATION (DECEMBER 18, 2015)

(a) Unless otherwise specified in this contract, no printing by the Contractor or any subcontractor is authorized under this contract. All printing required must be performed by the Government Printing Office except as authorized by the Contracting Officer. The Contractor shall submit camera-ready copies to the Contracting Officer’s Representative (COR). The terms “printing” and “duplicating/copying” are defined in the Government Printing and Binding Regulations of the Joint Committee on Printing.

(b) If necessary for performance of the contract, the Contractor may duplicate or copy less than 5,000 production units of only one page, or less than 25,000 production units in aggregate of multiple pages for the use of a department or agency. A production unit is defined as one sheet, size

8.5 x 11 inches, one side only, and one color. The pages may not exceed a maximum image size of 10-3/4 by 14-1/4 inches. This page limit applies to each printing requirement and not for all printing requirements under the entire contract.

(c) Approval for all printing, as well as duplicating/copying in excess of the stated limits, shall be obtained from the COR who will consult with the designated publishing services office and provide direction to the contractor. The cost of any unauthorized printing or duplicating/copying under this contract will be considered an unallowable cost for which the Contractor will not be reimbursed.

(End of Clause)

HHSAR 352.223-70 SAFETY AND HEALTH (DECEMBER 18, 2015)

(a) To help ensure the protection of the life and health of all persons, and to help prevent damage to property, the Contractor shall comply with all Federal, State, and local laws and regulations applicable to the work being performed under this contract. These laws are implemented or enforced by the Environmental Protection Agency, Occupational Safety and Health Administration (OSHA) and other regulatory/enforcement agencies at the Federal, State, and local levels.

(1) In addition, the Contractor shall comply with the following regulations when developing and implementing health and safety operating procedures and practices for both personnel and facilities involving the use or handling of hazardous materials and the conduct of research, development, or test projects:

(i) 29 CFR 1910.1030, Bloodborne pathogens; 29 CFR 1910.1450, Occupational exposure to hazardous chemicals in laboratories; and other applicable occupational health and safety standards issued by OSHA and included in 29 CFR part 1910. These regulations are available at https://www.osha.gov/.

(ii) Nuclear Regulatory Commission Standards and Regulations, pursuant to the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.).

The Contractor may obtain copies from the U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001.

(2) The following Government guidelines are recommended for developing and implementing health and safety operating procedures and practices for both personnel and facilities:

(i) Biosafety in Microbiological and Biomedical Laboratories, CDC. This publication is available at http://www.cdc.gov/biosafety/publications/index.htm.

(ii) Prudent Practices for Safety in Laboratories (1995), National Research Council, National Academy Press, 500 Fifth Street, NW., Lockbox 285, Washington, DC 20055 (ISBN 0–309–05229–7). This publication is available at http://www.nap.edu/catalog/4911/prudent-practices-in-the-laboratory-handling-and-disposal-of-chemicals.

(b) Further, the Contractor shall take or cause to be taken additional safety measures as the Contracting Officer, in conjunction with the Contracting Officer’s Representative or other appropriate officials, determines to be reasonably necessary. If compliance with these additional safety measures results in an increase or decrease in the cost or time required for performance of any part of work under this contract, the Contracting Officer will make an equitable adjustment in accordance with the applicable “Changes” clause set forth in this contract.

(c) The Contractor shall maintain an accurate record of, and promptly report to the Contracting Officer, all accidents or incidents resulting in the exposure of persons to toxic substances, hazardous materials or hazardous operations; the injury or death of any person; or damage to property incidental to work performed under the contract resulting from toxic or hazardous materials and resulting in any or all violations for which the Contractor has been cited by any Federal, State or local regulatory/enforcement agency. The report citing all accidents or incidents resulting in the exposure of persons to toxic substances, hazardous materials or hazardous operations; the injury or death of any person; or damage to property incidental to work performed under the contract resulting from toxic or hazardous materials and resulting in any or all violations for which the Contractor has been cited shall include a copy of the notice of violation and the findings of any inquiry or inspection, and an analysis addressing the impact these violations may have on the work remaining to be performed. The report shall also state the required action(s), if any, to be taken to correct any violation(s) noted by the Federal, State, or local regulatory/enforcement agency and the time frame allowed by the agency to accomplish the necessary corrective action.

(d) If the Contractor fails or refuses to comply with the Federal, State or local regulatory/enforcement agency’s directive(s) regarding any violation(s) and prescribed corrective action(s), the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action (as approved by the Federal, State, or local regulatory/enforcement agencies) has been taken and documented to the Contracting Officer. No part of the time lost due to any such stop work order shall form the basis for a request for extension or costs or damages by the Contractor.

(e) The Contractor shall insert the substance of this clause in each subcontract involving toxic substances, hazardous materials, or hazardous operations. The Contractor is responsible for the compliance of its subcontractors with the provisions of this clause.

(End of clause)

HHSAR 352.226-1 INDIAN PREFERENCE (DECEMBER 18, 2015)

(a) The Contractor agrees to give preference in employment opportunities under this contract to Indians who can perform required work, regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. To the extent feasible and consistent with the efficient performance of this contract, the Contractor further agrees to give preference in employment and training opportunities under this contract to Indians who are not fully qualified to perform regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. The Contractor also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts to the extent feasible and consistent with the efficient performance of this contract. The Contractor shall maintain the necessary statistical records to demonstrate compliance with this paragraph.

(b) In connection with the Indian employment preference requirements of this clause, the Contractor shall provide reasonable opportunities for training, incident to such employment. Such training shall include on-the—job, classroom, or apprenticeship training designed to increase the vocational effectiveness of an Indian employee.

(c) If the Contractor is unable to fill its employment and training opportunities after giving full consideration to Indians as required by this clause, the Contractor may satisfy those needs by selecting non-Indian persons in accordance with the clause of this contract entitled "Equal Opportunity."

(d) If no Indian organizations or Indian-owned economic enterprises are available under reasonable terms and conditions, including price, for awarding of subcontracts in connection with the work performed under this contract, the Contractor agrees to comply with the provisions of this contract involving utilization of small businesses; HUBZone small businesses; service-disabled, veteran-owned small businesses; 8(a) small businesses; veteran-owned small businesses; women-owned small businesses; or small disadvantaged businesses.

(e) As used in this clause,

(1) Indian means a person who is a member of an Indian tribe. If the Contractor has reason to doubt that a person seeking employment preference is an Indian, the Contractor shall grant the preference but shall require the individual provide evidence within 30 days from the tribe concerned that the person is a member of the tribe.

(2) Indian tribe means an Indian tribe, pueblo, band, nation, or other organized group or community, including Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601) which the United States recognizes as eligible for the special programs and services provided to Indians because of its status as Indians.

(3) Indian organization means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451).

(4) Indian-owned economic enterprise means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit, provided that such Indian ownership shall constitute not less than 51 percent of the enterprise, and that ownership shall encompass active operation and control of the enterprise.

(f) The Contractor agrees to include the provisions of this clause, including this paragraph (f) of this clause, in each subcontract awarded at any tier under this contract.

(g) In the event of noncompliance with this clause, the Contracting Officer may terminate the contract in whole or in part or may pursue any other remedies authorized by law or by other provisions of the contract.

(End of clause)

HHSAR 352.226-2 INDIAN PREFERENCE PROGRAM (DECEMBER 18, 2015)

(a) In addition to the requirements of the clause of this contract entitled “Indian Preference,” the Contractor agrees to establish and conduct an Indian preference program which will expand opportunities for Indians to receive preference for employment and training in connection with the work performed under this contract, and which will expand the opportunities for Indian organizations and Indian-owned economic enterprises to receive a preference in the awarding of subcontracts. In this connection, the Contractor shall perform the following:

(1) Designate a liaison officer who will maintain liaison with the Government and the Tribe(s) on Indian preference matters; supervise compliance with the provisions of this clause; and administer the Contractor’s Indian preference program.

(2) Advise its recruitment sources in writing and include a statement in all employment advertisements that Indian applicants receive preference in employment and training incident to such employment.

(3) Not more than 20 calendar days after award of the contract, post a written notice setting forth the Contractor’s employment needs and related training opportunities in the tribal office of any reservations on or near the contract work location. The notice shall include the approximate numbers and types of employees needed; the approximate dates of employment; any experience or special skills required for employment;

training opportunities available; and other pertinent information necessary to advise prospective employees of any other employment requirements. The Contractor shall also request the tribe(s) on or near whose reservation(s) the Contractor will perform contract work to provide assistance filling its employment needs and training opportunities.