B01_RFP_Final_18-102-SOL-00015.pdf

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

SEATTLE

SOLICITATION 18-102-SOL-00015

CONSTRUCTION MULTIPLE AWARD TASK ORDER CONTRACT

TO SUPPORT THE

BILLINGS AND PORTLAND AREAS

PROJECT TABLE OF CONTENTS:

Section Taxonomy Section A Standard Form 1442 Section B Schedule of Items Section C Description and Specification (Statement of Work) Section D Packaging and Markings Section E Inspection and Acceptance Section F Deliveries or Performance Section G Contract Administration Data Section H Special Contract Requirements Section I Contract Clauses Section J List of Documents, Exhibits Section K Representations and Certifications Section L Instruction, Conditions and Notices Section M Evaluation Factors for Award Proposals must set forth full, accurate, and complete information as required by this request for proposal (including attachments). The penalty for making false statements in proposals is prescribed in 18 U.S.C.

1001.

(See ).

SOLICITATION, OFFER,

AND AWARD

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

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

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

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

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

is, is not required.

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

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

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

18-102-SOL-00015

Indian Health Service - DES 701 5th Avenue, Suite 1650 Seattle, WA 98104

2018 Billings and Portland Construction Multiple Award Task Order Contract (MATOC)

Competition: 100% Small Business Set-Aside. The Government will only accept offers from certified small businesses. All other firms are deemed ineligible to submit offers.

NAICS: 236220

Size Standard: $36.5M

See item 7

Andrew Hart 206-615-2453

AQ17ZS001

09/28/2018

10/29/2018

2:00PM

Section B.3

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

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

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

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

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

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

20b. SIGNATURE 20c. OFFER DATE

Solicitation #18-102-SOL-00015 2018 Billings/ Portland Construction MATOC

SECTION B

SERVICES AND PRICE/COST

B.1 SERVICES

The award of Indefinite Delivery, Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOC) is anticipated as a result of this solicitation to provide a full range of new construction, renovation, alteration and repair of medical facilities for the Department of Health and Human Services (HHS)/ Indian Health Service (IHS). The work may include design-build (DB) or design-bid-build services (DBB). Work will primarily be performed at various facilities in the IHS geographic regions of Billings (i.e. Montana and Wyoming) and Portland (i.e. Idaho, Oregon, and Washington), but may occasionally be performed at other locations throughout the United States.

Note: When the term ‘area grouping’ is used in this document, it refers to the following IHS Areas:

1. Billings

2. Portland

A list of the healthcare facilities where work will primarily be performed can be found at these links:

https://www.ihs.gov/billings/healthcarefacilities/ https://www.ihs.gov/portland/healthcarefacilities/

A MATOC is a contract awarded from a single solicitation, and may result in award to multiple contractors.

This procurement consists of one solicitation with the intent to award up to ten (10) IDIQ basic construction contracts. The Contracting Officer reserves the right to award more than ten (10) basic contracts if it is in the Government’s best interest. After award of each basic contract, the only work authorized under this contract is that which is ordered by the Government through issuance of a Task Order.

B.2 SEED PROJECT

Attached to this solicitation is a Seed Project Scope of Work (SOW). It is intended that the Seed Project becomes the first task orders issued under this MATOC. The Seed Project SOW contains all the information necessary to complete a price proposal for the work stipulated.

The Offeror shall review the documentation and provide a price proposal addressing all the requirements in the SOW for the Seed Project with the level of detail specified in this section. The Seed Project is a valid IHS requirement and the Government intends to award the Seed Project concurrent with the award of all MATOCs as part of the award process. The price for the proposed Seed Project shall be utilized for purposes of price analysis for evaluation and award of the MATOCs.

See Section J, Attachment 1 for more detailed information about the seed project.

B.3 PERIOD OF SERVICE

Each contract will include a base period of one year from the date of award and four optional one year periods, for a total contract performance period not-to-exceed five years.

B.4. MINIMUM GUARANTEE

The Government makes no representation as to the number of Task Orders or actual amount of work to be ordered; however, during the term of the contract, a minimum of $1,000 is guaranteed for each awardee.

The contractor that represents the best value will be awarded the first Task Order (i.e. seed project), and the minimum guarantee for that contractor will be satisfied, unless award of the seed project is not feasible or in the best interest of the Government. Otherwise, the Government intends to satisfy the minimum guarantee by negotiating a Task Order directly with each contractor in a sole source environment.

To satisfy each minimum guarantee, MATOC awardees will be solicited in alphabetical order according to contractor name and assigned a random project in the region at a value under the Simplified Acquisition Threshold (SAT) at the Contracting Officer’s discretion depending on the current needs of the customer. If a Contractor refuses the project solicited to satisfy its minimum guarantee, it will forfeit its minimum guarantee and may not have its contract renewed for the next option period.

After each minimum guarantee is satisfied, all eligible MATOC contractors will be provided a fair opportunity to compete for each project offered under this contract unless one of exceptions listed at FAR 16.505(b) (2) apply.

B.5 MAXIMUM AWARD AMOUNTS

The maximum task order amount for this contract is $10,000,000; however, most projects are anticipated to range between $100,000 and $800,000. The maximum ordering capacity is $15,000,000 total for each contract awarded under this MATOC, or five years, whichever comes first.

See FAR 52.216-19 Order Limitations for additional details.

B.6 PRICE SCHEDULE

B.6.1 CONTRACT LINE ITEM NUMBERS (CLIN) – SEED PROJECT

Offerors shall submit Section J, Attachment 2 – Bid Schedule with the price proposal. The total sum on the bid schedule shall be the total price for CLINs 0001 through 0005. See Section L for all proposal submission instructions.

Per FAR 36.204, the magnitude of the seed project is between $500,000 and $1,000,000.

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

B.6.2 DOLLAR VALUE OF PROJECTS

The contractor must identify the dollar range(s) of projects it is interested in receiving consideration for under the MATOC, by checking the appropriate ranges listed below. (Caution to Contractors: Each contractor must have sufficient bonding capacity for the ranges selected. Selecting these ranges may not preclude a MATOC awardee from receiving task order solicitations unless it does not have sufficient bonding)

DOLLAR VALUE- CATEGORIES

CAT A

( ) $1,000 - $250,000.00

CAT B

( ) $250,00.01 - $750,000.00

CAT C

( ) $750,000.01 - $2,000,000.00

CAT D

( ) $2,000,000.01 - $10,000,000.00

END OF SECTION

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 PURPOSE AND SCOPE

The purpose of this Indefinite-Delivery/ Indefinite-Quantity (IDIQ) Multiple-Award Task Order Contract (MATOC) is to provide a wide range of new construction, renovation, alteration and repair of medical facilities for the Department of Health and Human Services (HHS)/ Indian Health Service (IHS). Work for this MATOC will primarily be performed at the various facilities in the IHS geographic region of Billings (i.e. Montana and Wyoming), and Portland (i.e. Idaho, Oregon, and Washington), but may occasionally be performed at other locations throughout the United States. The place of performance will be designated on each Task Order.

Services required include a wide range of general construction, renovation, alteration and maintenance services covered by North American Industry Classification System (NAICS) 236220, Commercial and Institutional Building Construction. Projects may include design-build (DB) and design-bid-build (DBB) services. Typical required services include, but are not limited to the following:

a. Buildings: New construction, additions, pre-engineered buildings, other structures (e.g. open bay pre-engineered, storage facilities, etc.) and, renovation, alteration, maintenance and repair of those structures including incidental work. Building projects under this MATOC may include furniture incidental to construction (e.g. workstations), interior and/or exterior modernization, painting, flooring, fencing, work incidental to surface deterioration (e.g. patching drywall, replacing siding, trim work) and structural repairs including but not limited to foundations, settlement, masonry/brick cracking, etc.

b. Systems and Equipment: New construction, rehabilitation, maintenance or repair of mechanical and electrical systems, HVAC systems, plumbing systems, waste water drainage systems, fire alarm, fire protection sprinkler systems, fire suppression systems, intrusion alarms, back flow preventers, boilers, chillers, IT communications, all related devices, equipment, controls, and components.

c. Roofs: Replacement maintenance and repair of a variety of roofs and roofing systems, including gutters, downspouts, flashing, fascia and soffits and incidental damage remediation as a result of roof leaks (e.g. ceiling replacement, painting and carpet cleaning).

d. Horizontal Construction: New construction, maintenance and repairs of roads, streets, concrete, asphalt, parking lots, sidewalks, trails, storm drainage, erosion repairs (i.e. sinkholes, washouts), soft/hard landscaping, sodding, landscape irrigation systems, detection loops, bridges, parking lots, traffic lines, traffic markings, repair/replacement of storm water, sewer lines, site-work, well drilling and repair etc.

e. Utilities: New construction, maintenance or repair of interior and exterior utility systems and lines (main lines and lateral feeders). Interior and exterior high and low voltage electrical, communication lines and systems (telephone and data lines), gas lines, security & security camera systems and cabling, emergency generator systems, etc., water lines and alternative technology landscape watering systems.

f. Dismantling, Demolition, or Removal of Improvements: Dismantling, demolition, or removal of improvements, dismantling or demolition of buildings, ground improvements and other real property structures, and removal of such structures or portions of structures. Proper removal and disposal of materials, excavating site to task order requirements after demolition/removal, protecting existing government property not part of the demolition/removal project; as well as obtaining all documents and providing copies to the government as deliverables.

g. Incidental Work: Services, including environmental services such as remediation and abatement

(e.g. lead, asbestos, smoke, mold, etc.) incidental to the tasks required under any of the above paragraphs. Carpentry, interior and exterior painting, interior and exterior lighting, and similar electrical work that may be required to provide a complete, safe and usable facility during and after the primary construction work required is completed. This includes site work and drainage excavation. Work with the guidance/over-site of archeological consultant; if on site, and make the Contracting Officer (CO) aware of any artifacts or items of concern that arise.

C.2 PROJECT PLANS/ SPECIFICATIONS AND DRAWINGS

The MATOC solicitation includes documents for the seed project only. No design documents will be included in the basic MATOCs. Each Task Order solicitation will be issued with its own documents (including design documents) specific to that project, as applicable. Any applicable specifications and/ or drawings or other solicitation documents that accompany Task Orders will be considered to be a part of the scope of work.

SECTION D

PACKAGING AND MARKING

D .1 PACKAGING AND MARKING

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 standard practice for commercial packaging.

Indian Health Service is not responsible in any manner for deliveries that are generated by the contractor.

SECTION E

INSPECTION AND ACCEPTANCE (CONSTRUCTION)

E.1 SUBSTANTIAL COMPLETION AND FINAL INSPECTION

(Applies to Task Orders > 60 days)

E.1.1 SUBSTANTIAL COMPLETION INSPECTION

a. Substantial completion is the date when the work is sufficiently complete, in accordance with the contract documents, ready for beneficial occupancy or the designated portion thereof, for the use for which it is intended.

b. The Government and Contractor at this point will jointly conduct a substantial completion (i.e.

pre-final) inspection for the development of punch list items in preparation for final inspection.

The COR will complete the punch list and provide to the CO, which will be furnished in writing to the contractor.

c. The contractor shall ensure that adequate performance time remains for completion of ALL deficiencies noted during the Pre-Final Inspection and the scheduling and completion of the Final Inspection. The substantial completion inspection should be at least 15 calendar days prior to the contractual completion date and the date of final inspection. The contractor is to notify the Contracting Officer at least 10 calendar days in advance to schedule the substantial completion inspection.

d. If at the time of the substantial completion inspection the Government finds that the contractor will not have the project complete at the contract completion date, the Contracting Officer will withhold 10% of any progress payment due the contractor. These funds will be used to off-set any liquidated or actual damages assessed against the contractor. Remaining funds will be released upon final inspection, and completion of the contract including all punch list items.

E.1.2 FINAL INSPECTION

a. Final Inspection completion date is the date established in the task order when the project is to be fully complete and is ready to turn over to the Government. When the Contractor is ready for final inspection, he shall request so in writing to the Contracting Officer and his duly authorized representative (COR) at least 5 days prior to the desired date.

b. This includes final clean-up of the site, removal of all trailers, construction signs and debris removed, all punch list items resolved, Government’s manuals turned over, all as built drawings completed and turned over to the Government.

c. All contract items, including any punch-list items, and final clean-up of the project site shall be totally complete on the day and at the time the final inspection is scheduled. Any discrepancies noted at the final inspection shall be corrected by the Contractor within the time specified by the Contracting Officer.

d. Failure on the part of the contractor to have the project ready for final inspection may result in assessment of damages as specified in the task order.

e. In the event the pre- final or final inspection will be conducted by a Government contracted service, (A&E firm or other contracted individual) the Contractor may be held liable for travel and labor costs when the project is not sufficiently complete and the inspection must be rescheduled or an additional inspection is required.

f. Final inspection and acceptance of the work will be by the CO or an authorized representative appointed in writing.

E.2 CLAUSES INCORPORATED BY REFERENCE

CLAUSE NO. TITLE

FAR 52.246-12 Inspection of Construction (Aug 1996)

SECTION F

DELIVERIES AND PERFORMANCE

F.1 CONTRACTOR PERFORMANCE EVALUATION

a. The contractor will be evaluated on his overall general work, for compliance with the specifications and drawings, quality of work performed, compliance with schedule, submission of submittals and all matters associated with the project.

b. If a deficiency is noted the contractor will be advised by the COR and the Contracting Officer and what corrective action the contractor needs to take.

c. Contractors are advised that continuous satisfactory performance on all phases of the task orders is required. Failure to do so could result in the contract being terminated or not utilized.

F.2 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

Unless specified otherwise in a task order, this paragraph specifies the procedure for the determination of time extensions for unusually severe weather. In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

a. The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

b. The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.

c. Weather delays will be based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The contractor’s progress schedule must reflect consideration of these anticipated adverse weather delays in all-weather dependent activities.

d. Upon acknowledgment of the notice to proceed (NTP) and continuing throughout the contract, the contractor will record on the Contractor’s Daily Report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delays must prevent work on critical activities for 50 percent or more of the contractor’s scheduled workday.

e. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in accordance with the criteria previously described above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a bilateral modification.

F.3 CLAUSES INCORPORATED BY FULL TEXT

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 10 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 180 calendar days* after the contractor receives the notice to proceed. The time stated for completion shall include all training and deliverables; as well as final cleanup of the project site premises.

*Note: Durations listed apply to the seed project. Information will be specified in each subsequent task order solicitation.

(End of Clause)

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER 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.2 CONTRACTING OFFICER'S REPRESENTATIVES

a. Contracting Officer's Representatives (COR), may be appointed for the purpose of representing the Contracting Officer and assuring compliance with the contract requirements.

b. The COR has NO AUTHORITY to make any changes to the contract or any contract documents.

c. The COR may approve minor field changes which do not affect the scope, period of performance and/or price of the contract. The COR is authorized to issue notices regarding noncompliance of contract requirements, and to stop work on any portion of the job if the Contractor's methods cause unsafe conditions or will result in noncompliant work which would be impracticable to correct or to replace while permitting other (conforming) portions of the work to continue. Issuance of a Notice of Noncompliance as described herein does not constitute a suspension of work as described in Section I, FAR Clause 52.242-14, Suspension of Work (April 1984).

d. The COR is appointed in writing and the contractor will receive a copy of the appointment letter.

G.3 ORDER OF PRECEDENCE

a. The MATOC basic contract includes the standard contract clauses, and the individual Task Orders include added specifics and schedules current at the time of Task Order award. The Task Order contract consists of:

(1) The solicitation in its entirety, including all drawings, cuts, and illustrations and any amendments,

(2) The Task Order constitutes and defines the negotiated agreement between the Contractor and the Government. No documentation will be omitted which in any way bears upon the terms of that agreement; and

(3) The terms and conditions including the MATOC basic contract.

b. In the event of conflict or inconsistency between any of the provisions of a Task Order, including the Request for Proposal, Contractor's proposal, or Task Order deliverable, precedence will be given in the following order:

(1) Betterments: Any portions of the accepted proposal, or any subsequent design or other submittal, which both conform to and exceed the provisions of the Request for Proposal.

"Betterment" is defined as any product, component, or system, which exceeds the minimum requirements stated in the solicitation.

(2) The provisions of the solicitation: (See also FAR 52.236-21 Specifications and Drawings for Construction)

G.4 ADMINISTRATIVE MATTERS

a. The contracting office of the Indian Health Service, Office of Environmental Health and

Engineering, Division of Engineering Services, is the office having administrative jurisdiction over this contract for all matters.

b. A list of the names and telephone numbers of the Government team comprising the contract administrator, Contracting Officer’s Representative (COR), consultant, and point of contact at the project site will be provided at the post award conference and pre-construction conference for task orders.

c. Only the Procuring Contracting Officer executing these contracts has the authority to modify the term and conditions of the Basic contracts. The Administrative Contracting Officer may execute modifications to and any Task Orders issued thereunder.

d. All correspondence shall be addressed to the task order Administrative Contracting Officer, a copy of all correspondence shall be furnished to the contracting officer representative. Enclosures attached or transmitted with the correspondence shall also be furnished with an original and one copy. Each letter shall make reference to the contract name, contract number, task order number, and shall have only one subject.

e. The Contracting Officer will appoint a Contracting Officer’s Representative (COR) for the purposes of technically administering the task order(s); however, all matters concerning this contract or resulting task orders, or any additional work ordered placed against a resulting task order must first be approved by the Contracting Officer. This in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in terms of the contract or resulting task orders.

f. PAPERLESS CONTRACTING. The IHS is fully committed to the Federal Government’s electronic commerce and paperless contracting initiatives. As such, it is anticipated that, to the maximum extent possible, Proposed Task Order Requests for Proposals, to include specifications and drawings may be issued using electronic methods. In addition, task order distribution, correspondence, and contract administration efforts will also be issued electronically to the maximum extent using email, internet or other electronic methods. Contractors shall have and maintain capability to receive documents in this manner. When electronic systems or processes are implemented by the Contracting Officer, contractors shall participate fully in any of these new requirements at no additional cost to the Government. Failure to accommodate new processes may be cause for termination.

G.5 ADDRESS FOR CORRESPONDENCE

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

b. Most correspondence should be sent via e-mail directly to the Contracting Officer. Include the

Contract Number and Task Order number (if applicable) 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 Avenue #1600 Seattle, WA 98104

G.6 ORDERING OFFICE

The following Indian Health Service Contracting Organization is authorized to request proposals for and issue task orders under this contract:

a. Dept. of Health & Human Services, Indian Health Service Division of Engineering Services – Dallas 1301 Young Street, Suite 1071 Dallas, TX 75202-5433 Phone: 214-767-3492

b. Dept. of Health & Human Services, Indian Health Service

Division of Engineering Services – Seattle 701 5th Avenue, #1600 Seattle, WA 98104 Phone: 206-615-2471

G.7 ORDERING PROCEDURES

The only work authorized under this contract is that which is ordered by the Government through issuance of a Task Order.

The seed projects included with this solicitation and basic contracts will be awarded based on the evaluation criteria specified in Sections L and M of the solicitation. For future task order competition, the following information applies.

G.7.1 REQUESTS FOR PROPOSALS/ QUOTATIONS

When the Government requires work under the MATOC, a solicitation will be issued via Request for Proposal (RFP), or Request for Quotation (RFQ) depending on the magnitude of the project. Each solicitation will normally be posted with a unique solicitation number. Your firm will have been invited by the procuring Contracting Officer (for that task order). The Government intends to issue solicitations primarily via electronic means (e.g. email), but may also issue orally.

When a RFP/RFQ is distributed, contractors must respond to the Contracting Officer (CO) with their price and ability to accept and complete the task order. Proposals will generally be due within 14-30 calendar days from date of the request, or other period as stated in the RFP/RFQ. Applicable Wage Rates (Construction) wage rates will be included with each RFP/RFQ, as well as other project unique requirements.

Projects will be of varying size and complexity. The request will include information such as a statement of work, guide specifications, drawings, attachments, information pertaining to a site visit and any other requirements for submission (e.g. proposal requirements, price schedule, etc.). Projects may include, but are not limited to, complete plans and specifications for all elements of work or limited specifications.

G.7.2 PROPOSALS CONTENTS

a. Proposal Pricing Schedules: The Government's payment for the items listed in the Pricing Schedules of individual Task Orders will constitute full compensation to the Contractor for-- (1) Furnishing all plant, labor, equipment, services, appliances, and materials; and (2) Performing all operations required to complete the work in conformity with the drawings and specifications. The contractor shall include in the prices for the items listed in the Pricing Schedule all costs for performing the work in the specifications, whether or not specifically listed in the Pricing Schedule.

b. Deviations and Alternate Proposals: Offerors shall specifically identify all deviations from the minimum solicitation requirements in a cover letter in a section entitled "Alternate Proposal” or “Deviations." This requirement also applies for all proposal revisions and Final Proposal Revisions.

Proposed alternates/deviations shall specifically address in detail the alternate and rationale for proposing. Alternate solutions and deviations shall include separate pricing information. If an alternate/deviation is proposed, the work as specified in the solicitation must also be priced to be considered responsive to the solicitation.

c. MATOC contractors are expected to provide good faith proposals/quotes in response to RFPs/RFQs issued during the life of the contract. The Contractor shall notify the Contracting Officer as soon as possible if it opts to not propose on a Task Order. Contractors that choose not to propose on two (2) or more RFP/ RFQ’s may forfeit the right to their minimum guarantee and may not have its contract renewed for the next option period.

d. Proposal/quote preparation costs are at the expense of the Offeror and will not be reimbursed.

G.7.3 TASK ORDER EVALUATION METHOD AND PROCEDURES

a. The Contracting Officer may consider such factors that, in the exercise of sound business judgment, believes are relevant to the placement of orders. The basis of award of each task order will be stated in the solicitation.

b. A wide variety of projects, determined by the contracting officer to be within the scope of this contract, will be offered to MATOC contractors for the purpose of obtaining best value. Task order proposals may be evaluated using the lowest price technically acceptable or tradeoff processes, or may be based on price only. Individual Task Order awards on those projects will be based on competitive proposals received exclusively from MATOC contractors.

c. The non-price factors and price factors will vary depending on the unique requirements for each Task Order. In addition to price the solicitation may indicate in the offering other factors (Past Performance and/or Technical considerations) that will be considered in the evaluation offer.

d. Discrepancies in the evaluation of Offers submitted in response to solicitation for individual Task Orders may be handled by the Contracting Officer via clarification, or by entering discussions with Offeror’s determined to be in the competitive range.

e. The Government reserves the right to reject any and all offers.

G.7.4 TASK ORDER AWARD DECISION

a. Whenever possible, award will be made without discussions.

b. If discussions are required, each MATOC contractor will be requested to provide a final proposal revision, unless eliminated from discussions through the establishment of a competitive range.

c. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

d. Task Order award will be made based on the best value to the Government in accordance with the criteria described in the solicitation. When price is the only factor considered, award will be based on the conforming proposal offering the lowest reasonable and realistic price received.

Proposals that are unreasonably high or unrealistically low in price, when compared to the Government estimate and/ or market conditions evidenced by other competitive proposals received, may be indicative of an inherent lack of understanding of the solicitation requirements and may result in proposal rejection without discussion.

e. Proposals that contain qualifications, conditions, express unilateral interpretations of the minimum contract requirements, or exceed budget limitations may negatively impact the Offeror’s rating and/or eligibility for award.

f. The award will be a firm fixed-priced Task Order with a specific completion date or performance period. When Options are included in the Task Order Price Schedule and the options(s) is not exercised at time of award, the Task Order will specify the number of days after notice to proceed for exercising the Options. Contractor consideration, for successful order completion, will be taken into account by the Contracting Officer when specifying how far out an Option can be exercised after notice of award. Task Order Options, when exercised, shall not extend the original performance period of the Task Order unless so noted in the Option line item details.

G.7.5 TASK ORDER ISSUANCE

a. Task Orders will be issued on a SF 1442 primarily by electronic means. The appropriate issuing, administration, and payment offices will be cited on each Task Order.

b. Plans and Specifications: All reproductions of required project plans, specifications, and supplemental documents shall be at the Contractor's expense, unless otherwise noted. The Government may, after time of award to the successful contractor, provide a copy in paper format or as electronic media, such as web postings, e-mail or CD ROM, at its option.

c. The Government shall issue a Notice to Proceed (NTP) separately, after receipt and approval of acceptable Bonds (or other financial protections) and insurance, and/ or acceptable number of approved key project submittals, as applicable to the Task Order.

G.7.6 ORDERING PROCEDURES FOR SOLE SOURCE ORDERS

In the event it becomes necessary to negotiate with one firm on a sole-source basis, the following procedures will be used:

a. Unless an exception applies to the sole source task order, or a waiver has been granted, certified cost or pricing data is required at the threshold contained in FAR 15.403-4 (currently $750,000). When required the contractor shall submit to the contracting officer the following in support of any proposal:

(1) Cost or pricing data in the format designated by the Contracting Officer.

(2) Require any subcontractor or prospective subcontractor to submit to the prime contractor or appropriate subcontractor tier cost or pricing data in the format designated by the Contracting Officer.

(3) A certificate of current cost or pricing data, in the format specified in FAR 15.406-2 certifying that to the best of its knowledge and belief, the cost or pricing data were accurate, complete, and current as of the date of agreement on price or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of agreement on price.

G.7.7 OTHER ORDERING CONSIDERATIONS (REFERENCE FAR 52.216-18)

a. Orders may be issued from date of contract award until the last day of the basic contract period and any options exercised.

b. All Task Orders are subject to the terms and conditions of this contract. In the event of conflict between a Task Order and this contract, the contract will control. The Government reserves the right to incorporate additional clauses, as appropriate, into individual Task Orders solicitations and awards as specific needs arise and will be entered into on a mutual basis with the contractor.

c. Protests: In accordance with FAR 16.505(a)(10), no protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a Task Order Contract or Delivery Order Contract except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract. Protests to the GAO on orders in excess of $10 million are no longer authorized per FAR 16.505(a)(1)(ii).

G.7.8 SITE VISITS

Offeror’s attendance at site visits and/or pre-proposal conferences is considered vital to preparation of competitive and cost-effective offers, and to understanding the total results desired by the Government.

Although Site Visit attendance is not mandatory, they are STRONGLY ENCOURAGED. Any deficiencies, ambiguities, conflicts, or other areas of concern existing in the scope of work and applicable drawings should be brought to the attention of the Contracting Officer through the Task Order Pre-Proposal Inquiry (PPI) or Request for Information (RFI) process prior to solicitation closing.

Failure to attend the pre-award site visit or walk-through, and/or failure to disclose known deficiencies, ambiguities, conflicts, or other areas of concern existing in the scope of work and applicable drawings prior to solicitation closing, may not be used as a basis for remedy of additional time and/ or money under the terms of this contract.

The Contractor will not be reimbursed for proposal preparation, attendance during negotiations, site visits, walk-through or other pre-Task Order costs.

G.7.9 OPTION FOR INCREASED QUANTITY ON TASK ORDERS

The Government may elect to make certain tasks option items, as described in the solicitation, In this case, the Government may increase the quantity of work awarded on individual Task Orders by unilaterally exercising Option Item(s) within the period specified in the Task Order.

In the event the option is not exercised within the time period specified in the task order award, the parties may agree (Bilateral Agreement) to the option(s).

G.8 PAYMENT PROCESS

a. FAR 52.232-5, Payments Under Fixed -Price Construction Contracts, requires that before the first progress payment under the contract is submitted, the contractor shall prepare a schedule, in the detail requested by the Contracting Officer and COR, of the estimated values of each principal category of the work which when added together equal the total contract price. A sample format is available from the Contracting Officer. The following is the detail required by the Contracting Officer:

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

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

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

b. The following are instructions for submitting pay requests:

(1) Requests are to be submitted with signature for the Contractor certification statement

(scanned signature okay) to the COR (cc the Contracting Officer). Use of a format that complies with all of the requirements of the “Payments” clause of the contract is mandatory. A sample format is available from the Contracting Officer.

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

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

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

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

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

G.9 INVOICE REQUIREMENTS

a. Invoices shall be prepared, submitted and paid in accordance with the following FAR clauses:

(1) 52.232-5, Payments under Fixed-Price Construction Contracts (Sept 2002)

(2) 52.232-27, Prompt Payment for Construction Contracts (Jul 2013)

(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 is the same as the Ordering Office designated for each Task Order .

The approved invoice can either be mailed to this office or emailed to the CO, unless otherwise instructed by the CO.

c. Progress payments may be authorized by the CO based on the duration of the project and will be noted in the task order RFP.

d. The final invoice must be marked “Final” and be accompanied by a Release of Claims form, which notes the final payment as outstanding, in the Remarks field. Final payment will be made within 30 calendar days upon receipt of a properly executed invoice.

e. The contractor will contact the Designated Billing Office with any payment issues or concerns.

Note: In accordance with FAR 52.232-40, 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. Applies to small business subcontractors at all tier levels.

f. All requests for payments shall be submitted on the DHHS/ IHS Contractor’s Application for Payment form, which is provided as Section J, Attachment 3.

g. Content of Invoice: Requests for payment in accordance with terms of the contract shall consist of

(1) The Contractor’s invoice showing, in summary form, the basis for arriving at the amount of the invoice; (2) The contract performance statement which shall show, in detail, the estimated cost, percentage of completion, and value of completed performance; and (3) Updated progress and equipment delivery schedules.

h. Payments to the Contractor: Payments shall be subject to reduction for overpayments or increase for underpayments on preceding payments to the Contractor. Basis for the Contracting Officer’s consideration to allow progress payment for material delivered on the site (but not installed) and for completed preparatory work, as authorized under FAR 52.232-5 shall be (1) major high cost items and (2) long lead special order items. In the request for progress payment, such items shall be specifically identified in the Contractor’s estimates of work submitted for the Contracting Officer’s approval. At the time of invoicing, the amount billed shall be supported by documents establishing its value. Progress payment for material delivered on site but not installed, and for competed preparatory as authorized under FAR 52.232-5 shall be specifically identified in the schedule of prices. Only approved items shall be eligible for progress payment.

i. Obligation of Government Payments: The obligation on the Government to make payments required under the provisions of this contract will, at the discretion of the Contracting Officer, be subject to the following: (1) Reasonable deductions due to defects in material or workmanship; (2) Claims which the Government may have against the Contractor under or in connection with the contract; (3) Unless otherwise adjusted, repayment to the Government upon demand for overpayments made to the Contractor; and (4) Receipt of payroll data (to include prime and subcontractors) covering the period of performance of the invoiced amounts.

j. Payment of Bonds: A paid invoice is required before payment of bonds can be made. Contractor will list Bonds as a separate item on progress report and/or Schedule of Values.

G.10 SCHEDULE OF VALUES

a. Before any payment is made to the Contractor, including progress payments, the Contractor shall prepare and submit to the Contracting Officer the following for review and approval: Schedule of values of each principal category of the work, when added together, equal the total contract price.

(Sample of suggested format, if requested, will be furnished at the pre-construction conference.)

b. At a minimum, the…