RFQ.pdf

DEPARTMENT OF HEALTH & HUMAN SERVICES Indian Health Service

Division of Engineering Services 2201 Sixth Avenue, M/S RX-24 Seattle, Washington 98121-2500

August 10, 2017

Request for Quote (RFQ) No. 17-102-SOL-00049

TO ALL INTERESTED PARTIES

You are invited to submit a quote to the Indian Health Service (IHS) to provide all labor, equipment, and supervision necessary to install a replacement on-site septic system at the Quinault Indian Nation in Grays Harbor County, Washington. All work shall be performed in accordance with the attached, RFQ, Statement of Work (SOW), drawings, specifications, and notes. A single Purchase Order will be awarded as a result of this RFQ. All Contractor personnel must be U.S. citizens.

All quotations must be provided in writing in accordance with the attached RFQ. This acquisition is set-aside for small businesses only. A “small business” means a small business concern whose size is no greater than the numerical size standard applicable to a contracting opportunity. The size standard for this requirement is $7.5 million in average annual receipts over the last three years. The NAICS code is 562991.

All prospective offerors are required to attend the site visit scheduled for August 15, 2017 at 10:00 a.m. local time to examine the work covered under this RFQ. The site visit will be conducted by Ms. Britany MacFarlane at 10 Riverview Ct., Amanda Park, WA 98526.

Quotations must be received at the location provided in the RFQ NO LATER THAN 2:00 PM local time on August 21, 2017. It is highly recommended that offerors submit their quotes at least 4 hours prior to the RFQ closing date and time.

The designated point of contact for this RFQ is Anthony Buch. His telephone number is 206- 615-2790 and email is anthony.buch@ihs.gov.

Sincerely, Anthony R. Buch Contracting Officer

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 Calendar Days

b. 20 Calendar Days c.30 Calendar Days

D. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations X are are not attached.

13. NAME AND ADDRESS OF QUOTER

14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (Rev. 6/95)

REQUEST FOR QUOTATION

This RFQ X is is not a small Business set-aside Page 1 of 43

(THIS IS NOT AN ORDER)

1. REQUEST NO 2. DATE ISSUED 3. REQUISITION/PURCHASE REQ NO. 4. CERT FOR NAT. DEF.

UNDER BDSA REG 2 AND/OR

DMS REQ. 1

RATING

17-102-SOL-00049 August 10, 2017 TBD 5a. ISSUED BY 6. DELIVERY BY (Date)

Indian Health Service (IHS) See Schedule Division of Engineering Services-Seattle 7. DELIVERY

701 Fifth Ave, Suite 1600

Seattle, WA 98104 X FOB Destination Other (See Schedule) 5b. FOR MORE INFORMATION CALL (No Collect Calls) 9. DESTINATION

NAME Area Code Telephone a. NAME OF CONSIGNEE

ANTHONY R. BUCH 206 615-2790 Division of Sanitation Facilities Construction

8. TO b. STREET ADDRESS

a. NAME b. COMPANY 4060 Wheaton Way, Suite E

c. STREET ADDRESS c. CITY

Bremerton

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

WA 98310

10. PLEASE FURNISH QUOTATIONS

TO THE ISSUING OFFICE IN BLOCK

5A ON OR BEFORE CLOSE OF

BUSINESS (DATE)

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the submission of this quotation or to contract for supplies or services.

Supplies are of domestic origin unless otherwise indicated by a quoter. Any representations and/or certifications to this Request for Quotations must be completed by the Quoter. August 21, 2017, 2:00 PM

11. SCHEDULE (Indicate applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Robbin Rhoades OSS Replacement

Provide the Indian Health Service (IHS) with all labor equipment, and supervision necessary to install a replacement on-site septic system at 10 Riverview Ct., Amanda Park, WA 98526. All work shall be performed in accordance with the attached, RFQ, Statement of Work (SOW), drawings, specifications, and notes.

Firm Fixed Price: $___________________

Period of performance: Date of award through September 30, 2017.

SCHEDULE Continued Issue Date

Item No. Supplies/Services Quantity Unit Unit Price Amount

17-102-SOL-00049 Page 3 of 43

The Contractor shall provide all management, supervision, labor, and materials, to fulfill requirements of the attached specifications, drawings, or notes attached hereto.

The resulting award will be awarded on a firm fixed-price basis.

0001 The contractor shall furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to provide mobilization and de-mobilization To the place of performance, in accordance with the attached SOW, specifications, drawings, or notes attached hereto, including all the provisions and clauses provided in t

RFQ.

EST

DY

0002 The contractor shall furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to provide underground cleanout, in accordance with the attached SOW, specifications, drawings, or notes attached hereto, including all the provisio and clauses provided in the RFQ.

EA

0003A The contractor shall furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to provide 4” PVC solid sewer pipe, in accordance with the attached SOW, specifications, LF

0003B The contractor shall furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to provide 8” PVC solid sewer pipe, in accordance with the attached SOW, specifications, 0004 The contractor shall furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to provide curtain drain, in accordance with the attached SOW, specifications, drawings, or notes attached hereto, including all the provisions and clauses provided in the RFQ.

0005 The contractor shall furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to provide 1,200 gallon concrete septic tank, in accordance with the attached SOW, specifications, drawings or notes attached hereto, including all the provisions and clauses provided in the RFQ.

0006 The contractor shall furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to provide 1,200 gallon concrete pump tank, in accordance with the attached SOW, specifications, drawings

0007 The contractor shall furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to provide 2” PVC sewer transport pipe, in accordance with the attached SOW, specifications, drawings

SCHEDULE Continued Issue Date

Item No. Supplies/Services Quantity Unit Unit Price Amount

17-102-SOL-00049 Page 4 of 43

0008 The contractor shall furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to provide low-pressure drainfield mound, in accordance with the attached SOW, specifications, drawings

0009 The contractor shall furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental to provide tank abandonment, in accordance wi the attached SOW, specifications, drawings, or notes attache hereto, including all the provisions and clauses provided in t

RFQ.

Total (0001-0009)

Price Schedule Notes:

1. Line Items 0001-0009 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 under negotiated changes shall only be reimbursed for actual costs performed at the firm-fixed unit price not-to-exceed the total amount for each item in the change. 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:

DY=Day EST=Estimated EA=Each LF=Linear Feet

B.1 TYPE OF CONTRACT

The Government contemplates award of a firm-fixed-price construction contract for an on-site sewer system replacement.

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 2005-95 effective January 19, 2017.

SECTION B

SOLICITATION INSTRUCTIONS & REQUIREMENTS

17-102-SOL-00049 Page 5 of 43

B.2 PROJECT TITLE: Robbin Rhoades OSS Replacement

B.3 PROJECT LOCATION: 10 Riverview Ct., Amanda Park, WA 98526.

B.4 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.

B.5 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.

B.6 CONTRACT SPECIFIC TERMS AND CONDITIONS:

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

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

B. Bid Bond: Not required

C. Payment and Performance Bonds ARE not required in accordance with FAR 28.102-2.

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

B.7 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.

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 RFQ.

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.

B.8 PERIOD OF PERFORMANCE: Date of award until September 30, 2017.

The contractor shall not commence work until it has been issued a Notice to Proceed (NTP). 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 shall be submitted with your firm’s quote. No work will be performed on Saturdays, Sundays, or federal holidays.

B.9 SUBMITTALS:

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

SECTION C

DESCRIPTION/WORK STATEMENT

17-102-SOL-00049 Page 6 of 43

I. Overview

A. Site Location

Site location is 10 Riverview Ct, Amanda Park, WA 98526. Parcel No 231025120070.

Please see Attachment A - Location Map.

B. Problem Statement

Existing on-site septic system provides inadequate treatment for 5-bedroom home.

C. Objective

Install replacement on-site septic system including all plumbing and electrical connections resulting in an operable system. Site is within Grays Harbor County but under the jurisdiction of the Quinault Indian Nation. Construction permits have been acquired through the Quinault Nation.

D. Background

The existing drainfield is comprised of 2-ft gravelless chamber installed near grade with 6-inches to 2-ft of sandy soil cover. Existing septic and pump tanks are not water tight and contribute to high level alarms.

E. Work Summary

The IHS Project Engineer and Contractor will review site conditions during a pre-construction meeting.

The contractor shall:

1. Verify location of all existing utilities in the vicinity of work.

2. Remove existing drainfield.

3. Install replacement septic system in accordance with the design and technical provisions.

4. Install curtain drain.

5. Abandon existing septic and pump tank.

II. Technical Requirements

A. Codes, References, and Standards Work under this contract shall be performed in compliance with the codes, references, and standards listed below.

1 National Electric Code 2 Washington Administrative Code

17-102-SOL-00049 Page 7 of 43

B. Submittals

The Contractor shall provide submittals to the Project Engineer on the items listed below.

Approval is required before proceeding with the portion of work the submittal applies to.

1. Pre-Construction

a. Submittal approval is required for variations from equipment and materials specified.

b. Sediment control method.

2. Post–Construction

a. Product Warranties

Include the following information on the warranty:

1. Name and address of the dealer

2. Model and serial number

3. Date of installation

b. Manufacturer’s product information

c. As-built drawing – including swing-tie measurements for drainfield corners and tank lid locations from house corner.

C. Material Specifications

1. Install materials as specified in the attached septic design (Attachment B), measurement and payment (Attachment C) and technical provisions (Attachment D).

D. Work Execution Requirements

1. A minimum of five (5)-days of continuous dry weather is recommended prior to commencing work to minimize smearing of the newly exposed soil surfaces.

2. A pre-construction meeting with the Project Engineer is required before work commences.

3. Work is to be performed in accordance with the attached design and technical provisions.

4. The Contractor shall contact the Certified Septic Designer as specified on the design.

5. The Contractor is responsible for determining the exact location of all utilities.

The Contractor is responsible for protecting utilities from damage during construction.

6. The Contractor is responsible for protecting in place existing adjacent mound drainfield.

7. An electrical inspection by Washington State Department of Labor and Industries is required.

8. All debris generated during construction shall be removed from site.

17-102-SOL-00049 Page 8 of 43

9. All areas disturbed by construction activities shall be finish-graded.

10. The Contractor shall obtain approval from the Project Engineer prior to installing material quantities in excess of those specified on the bid schedule.

11. Any variation from the design requires prior approval from the Project Engineer and Designer.

12. The Contractor shall keep the Project Engineer notified and advised of all work to be done or work in progress sufficiently in advance so that proper inspection can be performed.

13. The Contractor shall contact the Project Engineer for an inspection 24-hours prior to final backfill.

SECTION D

PACKAGING & MARKING

17-102-SOL-00049 Page 9 of 43

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.

END OF SECTION

SECTION E

INSPECTION & ACCEPTANCE

17-102-SOL-00049 Page 10 of 43

E.1 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 photos, all prime Contractor and subcontractor personnel on the project site, all work performed, equipment used, tests performed, any verbal direction given by IHS staff, any developments that might lead to a claim or request for contract extension, and all general activities for each day of scheduled work. Reports shall also include the weather, including temperatures and other relevant information that may impact activities under this contract. Failure to account for normal weather in the area is not a reason for the contractor to claim delays.

(d) Reports shall be chronologically numbered, dated and signed by the Contractor or his Project Manager. Reports shall have the contract calendar day noted any activities that are in delay and activity number from the progress schedule.

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 preconstruction conference and is the only acceptable form for this purpose.

E.2 PAYROLL

Weekly certified payroll (prime & subcontractor(s)) shall be submitted to the Contracting Officer’s Representative (COR) prior to being authorized payments for work under this award.

E.3 INSPECTIONS

Contractor shall request the COR inspection of work prior to submission of invoices for progress or final invoice. Failure to complete the inspection(s) will result in the invoice being rejected.

SECTION F

DELIVERIES OR PERFORMANCE

17-102-SOL-00049 Page 11 of 43

F.1 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 this/these address(s): www.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Number Title Date

FAR 52.242-14 SUSPENSION OF WORK (APR 1984)

(End of Clause)

F.2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to (a) commence work under this contract upon award, (b) prosecute the work diligently, and (c) complete the entire work no later than September 30, 2017. The time stated for completion shall include final cleanup of the premises. Performance time will include submittals and approvals.

(End Clause)

F.3 REMOVAL OF PERSONNEL

The Contracting Officer may require the Contractor to remove from the job any employee who endanger persons or property; those who manufacture, distribute, dispense, possess or use controlled substances at the worksite (FAR 52.223-6, Drug-Free Workplace); and those whose continued employment under this contract is inconsistent with the interest of security, acceptable project progress, or for any and all other reasons as determined by the Contracting Officer as objectionable.

SECTION G

CONTRACT ADMINISTRATION DATA

17-102-SOL-00049 Page 12 of 43

G.1 CONTRACT ADMINISTRATION

Administration of this contract is under the cognizance of the Indian Health Services, Department of Engineering Services.

a. The Contracting Officer for this procurement is:

Anthony Buch IHS/Division of Engineering Services 701 5th Avenue, Suite 1600, MS-24 Seattle, WA 98104 Telephone: (206) 615-2790 Anthony.buch@ihs.gov

b. Contracting Officers Representative for this procurement is:

Britany H. MacFarlane, E.I.T., Environmental Engineer Indian Health Service, Division of Sanitation Facilities Construction 4060 Wheaton Way, Suite E Bremerton, WA 98310 Telephone: (360) 792-1235, ext. 111 or (360) 536-0156 Email: Britany.MacFarlane@ihs.gov

G.2 CONTRACTING OFFICER’S AUTHORITY

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. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the unauthorized direction and shall immediately notify the Contracting Officer.

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(a) The following is considered to be administrative information and is therefore subject to unilateral administrative modification by the Contracting Officer. This section complies with HHSAR subsection

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

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

(c) The COR is responsible for: Technical approval of submittals; Direction to the Contractor that clarifies the contract requirements, fills in details or otherwise serves to accomplish the contractual scope of work; Evaluation of performance and progress for recommendation of payment and acceptance.

Within the limits of authority described herein, the COR may act in lieu of the Contracting Officer for actions of the type described in paragraph (b) of the clause at FAR 52.236-21, Specifications and Drawings for Construction. Issuance of a Notice of Noncompliance by the COR does not constitute a suspension of work as described in F.4 52.242-14, Suspension of Work (April 1984).

(d) The COR does not have the authority to alter the Contractor’s obligations under the contract; make final acceptance of work; direct changes that fall within the purview of the “Changes” clause of the

17-102-SOL-00049 Page 13 of 43 contract; or modify any of the terms, conditions, specifications, or cost of the contract. See also HHSAR 352.202-1, Definitions.

G.4 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 shall be sent via email directly to the CO and COR. If sending documents via postal mail, include the Contract Number on all correspondence. Overnight Mail and U.S. Mail shall be sent to the Contracting Officer, unless otherwise specified, at the following address:

Indian Health Service Division of Engineering Services 701 5th Ave

STE 1650

Seattle, WA 98104

G.5 INVOICE REQUIREMENTS

(a) Invoices shall be prepared, submitted and paid in accordance with the following FAR clauses specified in Section I:

(1) 52.232 5, Payments Under Fixed Price Construction Contracts (May 2014)

(2) 52.232-1, Payments (Apr 1984)

(3) 52.232-33, Payment by Electronic Funds Transfer-- System for Award Management (Jul 2013)

(4) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

(b) The Designated Billing Office for this contract is the same as the address for correspondence, sent to the attention of the Contracting Officer Representative and Contracting Officer. Invoices that have been verified as correct by the COR shall be emailed to the CO, unless otherwise instructed by the CO. The signed payment invoice shall be sent via e-mail to the IHS Contracting Officer.

(c) The final invoice must be marked “Final” and be accompanied by a Release of Claims form, which lists the final payment as outstanding, in the Remarks field. The Release of Claims form is available from the CO. Final payment will be made within 30 Calendar days upon receipt of a properly executed invoice.

(d) The contractor will contact the Designated Billing Office with any payment issues or concerns.

Note: In accordance with FAR52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) -- Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. This applies to all small business subcontractors at all tier levels.

G.6 TEST RESULTS

Submit all results of tests required by the contract to the COR for review.

G.7 PERMITS AND CERTIFICATES

Submit a copy of all permits and certificates as required by the contract to the COR.

G.8 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE

17-102-SOL-00049 Page 14 of 43

The Contractor assumes responsibility for all damage or injury to persons or property occasioned through the use, maintenance, and operation of the Contractor’s vehicles or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents.

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

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

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

SECTION H

SPECIAL CONTRACT REQUIREMENTS

17-102-SOL-00049 Page 15 of 43

H.1 SUBCONTRACTS

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

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

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

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

H.2 SUBCONTRACTING

(a) In connection with the performance of work under this contract, the contractor shall not subcontract with any subcontractor who, at the time of subcontract award, is listed on the current GSA's Lists of Parties Excluded from Procurement and Non-procurement Programs, unless otherwise authorized by the Government in accordance with Subpart 9.4 of the Federal Acquisition Regulations.

(b) The List of Parties Excluded from Procurement and Non-procurement Programs is available at https://www.sam.gov/portal/SAM/#1.

(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.3 STANDARD REFERENCES

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

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

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

17-102-SOL-00049 Page 16 of 43

H.4 WORK HOURS

Normal work days and hours are Monday through Friday, 7:30 am to 5:00 pm, excluding federal holidays. The Contractor shall coordinate its work to minimize disruption, keep work areas clean, maintain access, and minimize inconvenience. A mimimum of 48 hours of advance notice to the Project Engineer is required for special request to work outside of normal work hours.

H.5 PRODUCT APPROVAL

FAR 52.236-5, Material and Workmanship, states "[w]hen required by this contract or by the Contracting Officer, the contractor shall also obtain the Contracting Officer's approval of the materials or articles which the contractor contemplates incorporating into the work. When requesting approval, the contractor shall provide full information concerning the material or articles. When directed to do so, the contractor shall submit samples for approval at the contractor's expense, with all shipping charges prepaid.

Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection."

(a) Approval of proposed materials or articles shall be only for the characteristics or use named in such approval and shall not be construed to change or modify any contract requirements, or relieve the Contractor from any contract requirement. Before submitting requests for product approval, the Contractor shall assure himself that the materials or equipment will be available in the quantities required.

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

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

(c) Failure of any material to pass the specified tests will be sufficient cause for refusal to consider, under this contract, any further requests for approval of the same brand or make of that material. The Government reserves the right to disapprove any material or equipment that previously has proved unsatisfactory in service.

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

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

(e) Samples of various materials or equipment delivered on the site or in place may be taken by the Contracting Officer for testing. Samples failing to meet contract requirements will automatically void previous approvals. The contractor shall replace such materials or equipment to meet contract requirements, or there shall be an adjustment of the contract price as determined by the Contracting Officer.

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

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

H.6 OPERATIONS AND STORAGE AREAS

Reference FAR 52.236-10 Operations and Storage Areas. The Contractor shall coordinate its operations and storage areas with the COR. Items stored shall be protected in accordance with the manufacturer’s guidelines.

17-102-SOL-00049 Page 17 of 43

H.7 WARRANTY OF CONSTRUCTION

Reference FAR 52.246-21 Warranty of Construction. All warranties the Contractor receives from sub-contractors, manufacturers and suppliers shall be executed in writing for the benefit of the Government.

The Contractor shall provide the COR with copies of all warranties obtained.

H.8 MATERIALS ON SITE

Unless otherwise provided in the specifications or drawings, materials removed and not reused under the contract shall become the property of the contractor. The contractor shall remove the materials from the work site. Storage or sale of the materials on the site will not be permitted.

H.9 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.10 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.11 SANITARY CONVENIENCES

Contractor shall provide temporary sanitary conveniences, at approved location, for use by employees on the contract. The convenience premises shall receive regular attention and shall be maintained in a clean and sanitary condition.

H.12 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.13 PERMITS

The Contractor shall apply for all permits from the code “authority having jurisdiction” and regulatory agencies immediately after award. The Contractor shall work in compliance with all existing and required permits.

H.14 SITE OWNERSHIP

Bidders are notified that this project will be performed on private property and the resulting constructed facilities are owned by Indian Health Service which intends to transfer the facilities to the property owner upon conclusion of the project.

17-102-SOL-00049 Page 18 of 43

H.15 TERO (Tribal Employment Rights Ordinance)

The Contractor is responsible to pay all applicable Tribal fees and/or taxes, or applicable requirements that may be incurred as a result of this project. It is the responsibility of prospective bidders to contact the Quechan TERO Employment Rights Office to confirm their obligations if awarded this contract and account for any applicable fees, efforts and impacts within their bid price. Failure on the part of the contractor not to include these fees or the appropriate impacts will not constitute a request for an equitable adjustment to the contract price.

The Contractor is also responsible for complying with HHSAR 352.270-2 Indian Preference and HHSAR 352.270-3 Indian Preference Program. The Contractor shall coordinate with the cognizant TERO office regarding the Contractor’s obligations under these clauses.

SECTION I

CONTRACT CLAUSES

17-102-SOL-00049 Page 19 of 43

I.1 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

NUMBER

TITLE DATE

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

52.204-10

Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016 52.204-18 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

52.209-10

Prohibition on Contracting with Inverted Domestic Corporations NOV 2015

52.211-18 Variation in Estimated Quantity APR 1984 52.219-6 Notice of Total Small Business Set-Aside NOV 2011 52.219-14 Limitations on Subcontracting JAN 2017 52.219-28 Post-Award Small Business Program Representation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-6 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

52.222-36 Equal Opportunity for Workers With Disabilities JUL 2014 52.222-50 Combating Trafficking In Persons MAR 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 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

17-102-SOL-00049 Page 20 of 43

CLAUSE

NUMBER

TITLE DATE

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 52.226-1 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises JUN 2000 52.227-4 Patent Indemnity-Construction Contracts DEC 2007

52.229-3

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

FEB 2013

52.232-5 Payments under Fixed Price Construction Contracts MAY 2014 52.232-23 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 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991

52.236-9

Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-12 Cleaning Up APR 1984 52.236-16 Quantity Surveys APR 1984 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Items JAN 2017 52.246-21 Warranty of Construction MAR 1994 52.247-27 Contract Not Affected by Oral Agreement APR 1984 52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991

HEALTH AND HUMAN SERVICES ACQUISITION REGULATION CLAUSES by reference http://www.hhs.gov/policies/hhsar/ Number Title Date 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations DEC 2015 352.223-70 Safety and Health DEC 2015 352.226-3 Native American Graves Protection and Repatriation Act DEC 2015 352.227-70 Publications And Publicity DEC 2015 352.239-74 Electronic and Information Technology Accessibility DEC 2015

17-102-SOL-00049 Page 21 of 43

I.2 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.

(End of Clause)

I.3 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.

17-102-SOL-00049 Page 22 of 43

(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.

17-102-SOL-00049 Page 23 of 43

(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…