B01_RFP.pdf

19‐102‐SOL‐00026

Poplar Ancillary Healthcare Facility & Vern E. Gibbs Health Center Renovation & Expansion Project

PROJECT TABLE OF CONTENTS:

Section Arrangement 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.

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

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

TBD

6. PROJECT NUMBER

127491

7. ISSUED BY CODE 199 8. ADDRESS OFFER TO

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

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

9. FOR INFORMATION

CALL:

a. NAME

Anthony R. Buch

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

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

SOLICITATION

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

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

Indian Health Service – Division of Engineering Services Seattle is issuing a Request for Proposal (RFP) 19-102-SOL-00026 for the Poplar Ancillary Healthcare Facility & Vern E Gibbs Health Center renovation and expansion project. The project is located at Verne E. Gibbs Clinic, 107 H. Street, P.O. Box 67, Poplar, MT 59255.

This Solicitation is being issued under full and open competition

NAICS – 236220 Commercial & Institutional Bldg. Construction $36.5 million size class.

**Magnitude of Construction is estimated to be more than $10,000,000.00.

Proposals are due at 1400 (2 P.M.) Pacific Time, June 15, 2019 See Section L for further details.

11. The contractor shall begin performance within 10 calendar days and complete it within 630 calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See 52.211‐10).

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 2:00 PM (hour) local time June 15, 2019 (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required.

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

d. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

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

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

YES NO 10 calendar days after award

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

19-102-SOL-00026

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

May 16, 2019

PAGE OF PAGES

2 of 70 (w/out attachments)

OFFER (Must be fully completed by offeror)

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

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

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within 60 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

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

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

Anthony R. Buch 30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY Contracting Officer

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BAC

AMOUNTS Total Price for All Line Items: $

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY 199 27. PAYMENT WILL BE MADE BY

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

A.1 PROJECT TITLE: Poplar Ancillary Healthcare Facility & Vern E. Gibbs Health Center Renovation & Expansion Project

A.2 PROJECT LOCATION: Verne E. Gibbs Clinic, 107 H. Street, P.O. Box 67, Poplar, MT 59255.

A.3 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.

A.4 CONTRACT SPECIFIC TERMS AND CONDITIONS:

Construction Magnitude. In accordance with FAR 36.204, the magnitude of construction for this project is:

[ ] Less than $25,000 [ ] Between $25,000 and $100,000 [ ] Between $100,000 and $250,000 [] Between $250,000 and $500,000 [ ] Between $500,000 and $1,000,000 [ ] Between $1,000,000 and $5,000,000 [ ] Between $5,000,000 and $10,000,000 [ X] More than $10,000,000.00

A.5 Bid Bond: Not required

A.6 Payment and Performance Bonds: ARE required in accordance with FAR 28.102-2.

A.7 FAR Clause 52.228-13, Alternative Payment Protections: ARE NOT applicable.

A.8 CONTRACT SPECIFIC TERMS AND CONDITIONS:

1. 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.

2. Questions Regarding the Solicitation and Project: Shall be submitted in writing to Anthony Buch, Contracting Officer, via e-mail at anthony.buch@ihs.gov.

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.

3. Proposal Date: Proposals 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 RFP.

4. Substitution Requests: Offerors are directed to price the specification as currently written. Substitution requests will be considered after contract award. Reference

FAR Clause 52.236-5, Material and Workmanship.

5. Proposal 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.

A.9 PERIOD OF PERFORMANCE: 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. Work will be allowed on Saturdays, Sundays, or federal holidays with 2-working days advance notice given to the

COR.

END OF SECTION A

B.1 SCHEDULE OF ITEMS

CLIN

Item Numbers

Description Quantity Unit Unit Price

Amount

0001 Provide a fully burdened Firm-Fixed-Price for all supervision, labor, materials, equipment, and associated costs for the plans, specifications, and all other RFP documents related to the required site work for the Poplar Ancillary Healthcare Facility & Vern E. Gibbs Health Center renovation/expansion project.

JB

0002 Provide a fully burdened Firm-Fixed-Price for all supervision, labor, materials, equipment, and associated costs for the plans, specifications, and all other RFP documents related to the construction of the White Buffalo Clinic for the Poplar Ancillary Healthcare Facility & Vern E.

Gibbs Health Center renovation/expansion project.

0003 Provide a fully burdened Firm-Fixed-Price for all supervision, labor, materials, equipment, and associated costs for the plans, specifications, and all other RFP documents related to the renovation activities for the Poplar Ancillary Healthcare Facility & Vern E. Gibbs Health Center renovation/expansion project.

Option Item

Provide a firm-fixed-price, fully burdened, including all labor, equipment, materials, supervision, and all necessary and incidental costs required for the supply and installation of medical equipment in accordance with the specifications, drawings, designs, and all other requirements of the solicitation and resulting Contract.

Option Item

Provide a firm-fixed-price, fully burdened, including all labor, equipment, materials, supervision, and all necessary and incidental costs required for the supply and installation of furnishings, in accordance with the specifications, drawings, designs, and all other requirements of the solicitation and resulting Contract.

Option Item

Provide a firm-fixed-price, fully burdened, including all labor, equipment, materials, supervision, and all necessary and incidental costs required for the abatement handling, hauling/transport, and disposal to a certified landfill for asbestos encountered in this project for the two existing residences, in accordance with the specifications, drawings, designs, and all other requirements of the solicitation and resulting Contract.

Option Item

Provide a firm-fixed-price fully burdened unit cost, including all labor, equipment, materials, supervision, and all necessary and incidental costs required for the abatement handling, hauling/transport, and disposal to a certified landfill for asbestos encountered in this project for the floor removal during renovation activities, in accordance with the specifications, drawings, designs, and all other requirements of the solicitation and resulting Contract.

EST

1,250

SF

Option Item

Provide a firm-fixed-price fully burdened, including all labor, equipment, materials, supervision, and all necessary and incidental costs required to install concrete paving in lieu of asphalt paving for the parking lot areas per ALTERNATE A-1 in accordance with the specifications, drawings, designs, and all other requirements of the solicitation and resulting Contract. Clearly indicate if this Alternate is an ADD or DEDUCT by inserting a positive or negative amount in the associated cell.

Sum Total Items 0001-0008

Key:

JB=Job EST=Estimated SF=Square Feet

Pricing Notes: The offeror shall include fully burdened, all inclusive (i.e. all labor, equipment, materials, supervision, overhead, Tribal Employment Rights Office/Ordinances (TERO), profit and all necessary and incidental costs required), firm fixed prices for all the price schedule items for the project in accordance with the detailed design, specifications, reference documents and all other requirements included in this solicitation.

In accordance with the terms and conditions stated herein, the Contractor shall furnish all labor, material, equipment and incidentals required for the performance of this contract. The total Firm Fixed Price to complete all requirements identified herein (CLINs 0001-0008) shall be entered in Block 17 of the SF1442. The total Firm Fixed Price entered in Block 17 of the SF1442 shall be utilized for the overall price evaluation and to determine the best value offer.

Offeror(s) must submit pricing for the line items in the above schedule. Travel expenses will not be reimbursed. Failure to propose in this manner may result in proposal rejection. Davis-Bacon wages shall be paid for all applicable labor categories for each price schedule line item and should be included in all pricing in accordance with clause 52.222-6 – Construction Wage Rate Requirements.

The schedule, estimates are provided for evaluation purposes only. The Government is not obligated to order the estimated amounts specified in the schedule. The estimates provided do not establish any minimum purchase limit for which the Government is obligated. The contractor shall take into account the potential for ordering all estimated quantities in developing the Production Schedule.

Offeror shall complete block numbers: 14 (with Duns number), 15, 16, 17, 19, 20A, 20B, 20C, 30A, 30B, 30C on the

SF-1442.

B.2 DEFINITIONS

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

END OF SECTION B

SECTION C

C.1 DESCRIPTION/SPECIFICATION/WORK STATEMENT

Period of Performance: 630 calendar days or less from the date of Notice to Proceed.

The Contractor shall perform the Poplar Ancillary Healthcare Facility & Vern E. Gibbs Health Center Renovation & Expansion Project in accordance with the following:

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

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

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

C.2 LOCATION

Project Location: 107 H Street West, Poplar, MT 59255

END OF SECTION C

SECTION D--PACKAGING AND MARKING

N/A

END OF SECTION D

SECTION E--INSPECTION AND ACCEPTANCE

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

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

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

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

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

END OF SECTION E

SECTION F--DELIVERIES OR PERFORMANCE

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

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

www.acquisition.gov/far/

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

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

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

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

# of Days Delay Liquidated Damages Amount 1-30 $2,000.00 per day 31 to 45 $4,000 .00 per day 45 or more $8,000.00 per day

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

(End of Clause)

END OF SECTION F

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

Number Title Date

52.211-13 Time Extensions Sep 2000

52.242-14 Suspension of Work Apr 1984

SECTION G—CONTRACT ADMINISTRATION DATA

G.1. 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/

G.2 CONTRACTING OFFICER

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

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(a) The following is considered to be administrative information and is therefore subject to unilateral administrative modification by the Contracting Officer. This section complies with FAR subsection 1.602-2(d) which authorizes a warranted Contracting Officer to delegate Contracting Officer responsibilities.

(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: 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 payment and acceptance.

(c) The COR does not have the authority to alter the Contractor’s obligations under the contract; make final acceptance of work; direct changes that fall within the purview of the “Changes” clause of the contract; or modify any of the terms, conditions, specifications, or cost of the contract.).

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

G.4 PAYMENT PROCESS

(a) FAR 52.232-5, Payments Under Fixed -Price Construction Contracts, requires that before the first progress payment under the contract is submitted, the contractor shall prepare a request with value(s) for each principal category of the work which when added together equal the total contract price. A sample format is available from the Contracting Officer. The following is the detail required by the Contracting Officer:

(1) The principle categories of work shall be broken into line items of sufficient detail to allow meaningful

FEDERAL ACQUISITION REGULATION

52.234-4 Earned Value Management System Nov 2016 measurement of the work on a monthly basis as determined by the COR. Units of measure appropriate to the type of work shall be used. “Lump sum” pricing of line items shall be avoided except where payment for that line item is to be requested based on 100% completion of that line item or where there is no other practical unit of measure.

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

(b) Section G.5, Pricing and Payment Procedures, Part 1.4.2 Payment for Onsite and Offsite Materials specifies the conditions under which progress payments may be made for materials delivered to the site, for materials stored off the site, and for materials that are in transit to the site. Materials to be considered for progress payments prior to installation are limited to major high cost, long lead, special order or specialty items, not susceptible to deterioration or physical damage in storage or in transit to the construction site. Materials to be considered for progress payments prior to installation shall be separately identified by the contractor in the contractor’s FAR 52.232-5 request. The contractor is responsible for creating a detailed tracking list that includes all prepaid inventory identified in the contractor’s FAR 52.232-5 request. The contractor shall provide an updated copy of its prepaid inventory tracking list with each pay application and upon request of the Contracting Officer or the Contracting Officer’s Representative.

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

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

(2) The Contractor is responsible for delivery of each request for payment to the billing office. Hand delivery to the COR in the field does not constitute delivery to the billing office.

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

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

(d) 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.5 PRICE AND PAYMENT PROCEDURES

Part 1 General

1.1 Submittals

Government approval is required for submittals with a "G" designation; submittals not having a "G” designation are for information only. The following shall be submitted in accordance with Section 01 00 00 – General Requirements:

Schedule of Values [G]

1.2 Schedule of Values

1.2.1 Data Required

Within 15 calendar days of notice of award, prepare and deliver to the Contracting Officer and Architect a Schedule of Values as directed by the Contracting Officer. Provide a detailed breakdown of the contract price, giving quantities for each of the various kinds of work, unit prices, and extended prices. Costs shall be summarized and totals provided for each construction category. Costs shall also be broken down showing labor vs. materials for each Division of Work.

1.2.2 Schedule Instructions

Payments will not be made until the Schedule or Values has been submitted to and accepted by the Contracting Officer and Architect.

1.2.3 Real Property Assets

The Government will provide the Real Property Report. The Contractor shall complete the Draft Real Property Report to represent the final constructed facility and include all associated cost.

1.3 Contractor’s Invoice and Contract Performance Statement

1.3.1 Content of Invoice

Requests for payment will be processed in accordance with the Contract Clause FAR 52.232-27, Prompt Payment Construction Contracts and FAR 52.232-5, Payments Under Fixed-Price Construction Contracts. The requests for payment shall include the documents listed below.

a. The Contractor's invoice, showing in summary form, the basis for arriving at the amount of the invoice. Invoice shall include certification by Quality Control (QC) Manager as required by the contract.

b. The Schedule of Values, showing in detail: the estimated cost, percentage of completion, and value of completed performance.

c. Updated Project Schedule and reports required by the contract.

d. Contractor Safety Self Evaluation Checklist.

e. Other supporting documents as requested.

f. Updated copy of submittal register.

g. Invoices not completed in accordance with contract requirements will be returned to the Contractor for correction of the deficiencies.

h. Materials on Site.

i. Solid Waste Disposal Report.

1.3.2 Final Invoice

Final invoices not accompanied by the Contractor's Final Release will be considered incomplete and will be returned to the Contractor.

1.4 Payments to the Contractor

Payments will be made on submission of itemized requests by the Contractor which comply with the requirements of this section, and will be subject to reduction for overpayments or increase for underpayments made on previous payments to the Contractor.

1.4.1 Obligation of Government Payments

The obligation of the Government to make payments required under the provisions of this contract will, at the discretion of the Contracting Officer, be subject to reductions and/or suspensions permitted under the FAR and agency regulations including the following in accordance with "FAR 32.503-6:

a. Reasonable deductions due to defects in material or workmanship;

b. Claims which the Government may have against the Contractor under or in connection with this contract;

c. Unless otherwise adjusted, repayment to the Government upon demand for overpayments made to the Contractor; and

d. Failure to provide up to date record drawings not current as stated in Contract Clause "FAR 52.236-21."

1.4.2 Payment for Onsite and Offsite Materials

Progress payments may be made to the contractor for materials delivered on the site, for materials stored off construction sites, or materials that are in transit to the construction sites under the following conditions:

a. FAR 52.232-5(b) Payments Under Fixed Price Construction Contracts.

b. Materials delivered on the site but not installed, including completed preparatory work, and off-site materials to be considered for progress payment shall be major high cost, long lead, special order, or specialty items, not susceptible to deterioration or physical damage in storage or in transit to the construction site.

c. Materials to be considered for progress payment prior to installation shall be specifically and separately identified in the Contractor's estimates of work submitted for the Contracting Officer's approval in accordance with Earned Value Report requirement of this contract. Requests for progress payment consideration for such items shall be supported by documents establishing their value and that the title requirements of the clause at FAR 52.232-5 have been met.

d. Materials are adequately insured and protected from theft and exposure.

e. Provide a written consent from the surety company with each payment request for offsite materials.

G.6 INVOICE REQUIREMENTS

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

(1) FAR 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 (Oct 2018)

(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. 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.

END OF SECTION G

SECTION H–SPECIAL CONTRACT REQUIREMENTS

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 System for Award Management (SAM) 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/SAM/pages/public/searchRecords/search.jsf.

(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 COORDINATION OF TRADES

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

H.4 STANDARD REFERENCES

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

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

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

H.5 WORK HOURS AND ACTIVE GOVERNMENT OPERATIONS

Normal work days and hours are Monday through Friday, 8:00 am to 5:00 pm, excluding federal holidays for occupied facilities and no set times or days for unoccupied spaces. The Contractor shall notify the Facility Manager a minimum of 24 hours in advance of arriving on site to complete work and check in with the Facility Manager upon arrival. The facility and grounds will be occupied and in operation during normal work days and hours. The Contractor shall coordinate its work to minimize disruption to government operations, keep work areas clean, maintain facility access, and minimize inconvenicnes for the public. A minimum of 48 hours of advance notice is required for special request to work outside of normal work hours.

H.6 INSURANCE

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

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

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

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

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

H.7 AS BUILT DRAWINGS

The contractor shall maintain during the progress of the work one (1) set of completed and up to date blue line drawings, which shall be available for inspection by the Contracting Officer at any time. These drawings shall be marked up to record all changes in the work as they occur, and the exact location of all exposed and concealed pipe runs, valves, plugged outlets, cleanouts and other control points including, but not limited to, electrical conduits, and ducts, mechanical valves, shut-off switches, etc., in such a manner as will provide a complete, accurate as built record. The location of pipes or control points concealed underground, under concrete, in chases or above hung ceilings shall be dimensioned. In-progress as-built documentation will be reviewed with each progress payment request as a required element. The completed set of as built paper reproducible drawings shall be delivered to the Contracting Officer, in a condition satisfactory to him. As built shall be submitted for review/approval as a condition precedent to the request for final inspection of the work.

See Attachment J-03, § 01 00 00 – General Requirements in Volume 1 of 4 – ARCHITECTURAL Specification Manual for more information.

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 TRUCKING

(a) All trucks, bringing to or removing from the site, earth, loose materials, or debris shall be loaded in a manner to prevent dropping of materials on streets.

(b) At all points, where trucks leave the project site and enter adjacent paved streets, the contractor shall maintain an installation and crew to prevent any mud from being carried onto such adjacent paved streets.

(c) Earth, loose materials, or debris deposited on the streets due to contract trucking activities shall be removed daily.

H.10 SALVAGE

The Government does not assume responsibility for any loss or damage to materials removed and not reused under the contract that become the property of the contractor.

H.11 NEW WORK

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

H.12 EXISTING WORK

(a) Existing work shall be cut, drilled, altered, removed or temporarily removed and replaced for performance of work under the contract. Work replaced shall match similar existing work. Structural members shall not be cut or altered, except as shown, without authorization of the Contracting Officer.

Work remaining in place damaged or defaced during this contract shall be restored to the condition at time of award of contract.

(b) Discolored or unfinished surfaces exposed by removal of existing work and indicated to be the final exposed surfaces shall be refinished or the material shall be replaced to be uniform and harmonious with contiguous work. Work out of alignment, where exposed by removal of existing work, shall be called to the Contracting Officer's attention. Corrective work, directed by the Contracting Officer will be subject to adjustment of the contract in accordance with FAR 52.236 2, "Differing Site Conditions."

H.13 EQUITABLE ADJUSTMENTS DUE TO CHANGES

(a) The Contractor shall submit a proposal for all changes in the work within fifteen (15) days from the effective date of the change order or request for proposal. With each proposal for a change involving an increase or decrease in the amount of the contract, the Contractor shall submit separately an itemized breakdown that will include, but not be limited to, the following:

(1) Material quantities and unit price (Separated into trades)

(2) Labor costs (separate into labor classifications and hourly rates)

(3) Construction equipment

(4) Workmen's compensation

(5) Overhead

(6) Profit

(7) Employment taxes under FICA, FUTA and SUTA

(8) Bond (Prime Contractor only)

(9) Sales Tax

(10) Direct Performance Time of Change

(11) Impact on Schedule, if any

(12) Impact Costs, if any

(b) In considering proposals for changes involving added work, omitted work, or any combination thereof, estimates will be checked in detail by the Contracting Officer, utilizing unit prices where specified or agreed upon, with the view of arriving at equitable adjustments.

(c) When the necessity to proceed with a change does not allow sufficient time to properly check a proposal, or because of failure to reach an agreement, the Contracting Officer may direct the Contractor to proceed immediately with the work.

(d) Proposals and breakdown should be submitted as promptly as possible but in no event later than thirty (30) days.

(e) Should a proposal cost exceed $2,000,000.00 or is required for a lesser amount at the direction of the Contracting Officer for a change, certified cost or pricing data should be submitted in a format which satisfies the requirements of FAR 15.4. When certified cost or pricing data are required, the Contractor shall submit an executed Certificate of Current Cost or Pricing Data (FAR 15.406-2) as soon as practicable after price agreement is reached.

(f) Allowable overhead, profit, and percentages are given below. These percentage shall be limited to three tiers only and shall be considered to include, but not limited to, all insurance other than FICA, FUTA, SUTA and Workmen's Compensation, field and office supervisors, assistants, and clerical personnel, use of small tools, incidental job burdens, and general office expense. Incidental job burdens include, but are not limited to, review and coordination, and estimating and expediting relative to contract changes that are associated with field and office supervision.

No percentages for overhead and profit shall be allowed on FICA, FUTA, or SUTA.

The percentages of overhead to be allowed by the Contracting Officer will be 10% for all contract changes performed by the Prime Contractor personnel and 5% for all contract change work performed by subcontract personnel.

The percentage for profit to be allowed by IHS will vary according to the nature, risk, extent, and complexity of work involved, but in no case shall exceed 10%. Percentages for overhead and profit will be as follows:

To subcontractors and/or to the Contractor for work performed with its own forces.

Overhead – 10% Profit: 1% – 10%

To subcontractors and/or to the Contractor on work performed by other than its own forces

Overhead – 5% Profit: 1% - 5%

The percentage of profit is to be negotiated. The burden is on the Contractor to propose and justify to the Government the percentage of profit to be paid on each modification to the contract.

On proposals involving both increases and decreases in the amount of the contract, overhead and profit will be allowed on the net increases only. On net decreases, corresponding overhead and profit will be deducted.

Time Extension:

(g) When the Contractor submits a change proposal without including a corresponding Time Impact Analysis meeting the requirements of the pertinent Specification Section, the Contractor acknowledges that the particular change order, modifications, delay or contract request does not require an extension of the contract time (or milestone) and the Contractor shall not thereafter be entitled to request or receive any such extension(s).

(h) Delay and Impact Costs:

Any proposal for delay and impact costs that is not submitted within sixty (60) days after completion of the work identified in the change will not be considered. This requirement is in addition to the scheduling updates required for construction of the project. If there are circumstances which prevent the Contractor from ascertaining delay for impact during this time, a status update, including but not limited to a critical path analysis, shall be submitted within this time and at sixty (60) day intervals thereafter, explaining why the Contractor cannot yet know the extent of the impact. If this is not done, a claim for delay will not be considered unless special circumstances are shown. This requirement is necessary to enable the Government to respond to any claims for delay in light of conditions then current.

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

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

(a) The Schedule Section B

(b) Section I – Terms & Conditions

(c) Section H – Special Contract Requirements

(d) Statement of Work

(e) Drawings

1. Drawings, figured dimensions over scaled dimensions

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

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

4. Shop Drawings – (The term "Shop Drawings", includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar…