Solicitation_Concho_WTP_(Final).pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

246-2016-R-0003

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

06/09/2016

PAGE

OF PAGES

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

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

IHS1294371

6. PROJECT NO.

13-T49A

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Indian Health Service Attn: Judy Perkins Oklahoma City Area Office 701 Market Drive Oklahoma City, OK 73114

Indian Health Service Oklahoma City Area Office 701 Market Drive Oklahoma City, OK 73114

9. FOR INFORMATION

CALL:

a. NAME

Shaun McGinnis

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

405-951-3929

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 no., date)

Request for Proposal - RFP 246-2016-R-0003; Dated 09 June 2016

Concho Water Treatment Plant: IHS Project: 13-T49A

The RFP contains Instructions to Offerors, Terms and Conditions, Clauses incorporated by reference, Annual Representations and Certifications, Bid Schedule, Scope of Work and list of documents to include exhibits, drawings and other attachments.

The planned Site Visit is scheduled for:

Date: Monday, 20 June 2016 Time: 10:00am - 12:00pm Location: 100 Red Moon Circle, Concho, Oklahoma 73022

11. The contractor shall begin performance 7 calendar days and complete it within 270 calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable.

(See ).

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

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

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

12b. CALENDAR DAYS

a. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 5:00 pm (hour) local time 07/11/2016 (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 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 STANDARD FORM 1442 (REV. 4-85)

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

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (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 90 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 NO.

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)

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

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

AMOUNTS

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. 253(c) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

RFP: 246-2016-R-0003

Concho Water Treatment Plant

Concho, Oklahoma 8 June 2016

Request for Proposal RFP 246-2016-R-0003 Concho Water Treatment Plant -- Construction

IHS Project: # 13-T49

1) Bidders must submit their offer using attached form SF1442.

2) Firm’s submitting offers shall include the following information prominently on the outside of the sealed envelope:

Proposal for RFP 246-16-R-0003 Concho Water Treatment Plant – Construction Indian Health Services Oklahoma City Area Office 701 Market Drive Oklahoma City, OK 73114 Attn: Ms. Judy Perkins, Contracting Officer

3) MANDATORY REGISTRATION REQUIREMENT: All firms or persons wishing to respond to this solicitation must be registered in the “System for Award Management (SAM)” which is the primary Government repository for Contractor information required for the conduct of business with the Government. Bidders may obtain information on registration and annual confirmation requirements via the internet at https://www.sam.gov/portal/public/SAM/ For SAM Customer Service, contact: Federal Service Desk URL:

www.fsd.gov Hours: 8am - 8pm (Eastern Time) US Calls: 866-606-8220 International Calls: 334-206-7828

DSN: 866-606-8220

By submission of an offer, the offeror acknowledges the requirement that a prospective awarded shall be registered in the SAM database prior to award, and maintains registration updates during performance, and through final payment of any contract.

https://www.fsd.gov/

Part 1. The Schedule

SECTION TITLE

A SOLICITATION/CONTRACT FORM – SF1442

B SERVICES AND PRICES (BID SCHEDULE)

C SCOPE OF WORK

C1 SCOPE OF WORK

C2 SEE TECHNICAL SPECIFICATIONS AND DRAWINGS (ATTACHMENTS

J.3.A & J.3.B)

D PACKAGING AND MARKING

E INSPECTION AND ACCEPTANCE CONSTRUCTION

E1 CONTRACTING OFFICER'S REPRESENTATIVES

E2 APPROVAL OF CONSTRUCTION MATERIALS

E3 SUBSTANTIAL COMPLETION - FINAL INSPECTION

E4 WARRANTY OF CONSTRUCTION REQUIREMENTS

E5 CLAUSES INCORPORATED BY REFERENCE

F DELIVERIES AND PERFORMANCE

F1 PERFORMANCE PERIOD

F2 PERFORMANCE OF WORK BY THE CONTRACTOR

F3 CONTRACTOR LIABILITY- DAMAGES

F4 SUPERINTENDENCE BY THE CONTRACTOR

F5 REMOVAL OF PERSONNEL

F6 CONTRACTOR PERFORMANCE EVALUATION

F7 CLAUSES INCORPORATED BY REFERENCE

G CONTRACT ADMINISTRATION DATA

G1 CONTRACTING OFFICER

G2 ADDRESS OF CORRESPONDENCE

G3 PAPERLESS CONTRACTING

G4 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

G5 EMPLOYMENT OF OTHER THAN UNITED STATES CITIZENS

G6 IDENTIFICATION OF CONTRACTOR EMPLOYEES

G7 CONTRACTOR SECURITY REQUIREMENTS

G8 REQUIREMENT FOR INSURANCE

G9 INVOICING REQUIREMENTS

G10 SCHEDULE OF VALUES

G11 PROGRESS SCHEDULE - CONSTRUCTION SCHEDULE

G12 CERTIFICATION OF PAYMENTS-RELEASE OF CLAIM

G13 INTEREST

G14 MEETINGS CONFERENCES - PRE-CONSTRUCTION CONFERENCE

H SPECIAL CONTRACT REQUIREMENTS

H1 INDIAN PREFERENCE IN EMPLOYMENT

H2 NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT

H3 TAXES

H4 APPLICABLE MINIMUM HOURLY RATES OF WAGES

H5 INTERPRETATION OF SOLICITATION-DISCREPANCIES

H6 COMPLIANCE WITH STATE AND FEDERAL LAWS AND

REQUIREMENTS

H7 SUBCONTRACT DATA

H8 SAFETY/ACCIDENT REPORTING

H9 PRICING OF REQUESTS FOR EQUITABLE ADJUSTMENT

H10 ALLOWABLE OVERHEAD AND PROFIT

H11 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

H12 VOLATILE ORGANIC COMPOUNDS (VOC) COMPLIANCE PLAN

H13 HHSAR CLAUSES INCORPORATED BY REFERENCE

H14 CLAUSES INCORPORATED BY REFERENCE

PART 2- Contract Clauses

I CONTRACT CLAUSES CONSTRUCTION

I1 DAVIS-BACON ACT

I2 DAVIS-BACON ACT – SECONDARY SITE OF THE WORK

I3 BUY AMERICAN ACT—CONSTRUCTION MATERIALS

I4 NOTICE OF BUY AMERICAN REQUIREMENT -- CONSTRUCTION

I5 SUBCONTRACTS FOR COMMERCIAL ITEMS

I6 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES

I7 CLAUSES INCORPORATED BY REFERENCE

I8 ALTERATIONS IN CONTRACT

PART 3 –Other Documents, Exhibits and attachments

J LIST OF DOCUMENTS, EXHIBITS & OTHER ATTACHMENTS

J1 DEPARTMENT OF LABOR (DOL) GENERAL WAGE DECISION:

J2 REQUIRED FORMS

J3 ATTACHMENTS

PART 4 - Representations and other instructions

K. Representations, Certifications, and other statements of Offerors

K1 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

K2 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS

K3 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER

K4 TAXPAYER IDENTIFICATION

K5 ANNUAL REPRESENTATIONS AND CERTIFICATIONS

K6 CERTIFICATION REGARDING RESPONSIBILITY MATTERS

K7 SMALL BUSINESS PROGRAM REPRESENTATIONS

K8 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS

K9 NOTICE OF REQUIREMENT FOR ALTERNATIVE ACTION TO ENSURE

EQUAL OPPORTUNITY FOR CONSTRUCTION

K10 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE

K11 CERTIFICATE OF AUTHORIZATION TO BIND CORPORATION

K12 INFORMATION REGARDING RESPONSIBILITY MATTERS

L. Instructions, Conditions and notices to offerors

L1 COMPLETE PROPOSAL REQUIREMENTS

L2 NOTICES TO OFFERORS

L3 TYPE OF CONTRACT

L4 BID GUARANTEE

L5 PERFORMANCE AND PAYMENT BONDS CONSTRUCTION

L6 SERVICE OF PROTEST

L7 SITE VISIT

M. Evaluation Factors for award

M1 EVALUATION

PART I

SECTION B

BID SCHEDULE

SERVICES AND PRICES

Item # Description Materials $ Labor$ Total Price

Surgery Clinic Area

1 Building Renovations Including Replacement of Exterior Panels, Lab/Office Renovations, and all other necessary appurtenances

2 New Building Addition

3 One (1) Filter/Clarification Unit, Blower, Valves, and Flanges and all other necessary appurtenances

4 High Service Pump VFDS to Include Installation

5 Chemical Addition Units to include sodium Hypochlorite and Zink orthophosphate pumps, barrel jockeys, piping, electrical, and all other necessary appurtenances

6 Inline Static Mixer, Chlorine Analyzer, Turbidmeter, Gauges, Sample Taps, Electrical and all other necessary Appurtenances

7 Yard Piping, Lagoon sump, and all other necessary appurtenances

8 Fence Modifications

9 Bid, Performance, and Payment Bond Expenses

10 Mobilization and Demobilization Cost

11 Tero 2% Construction Cost

TOTAL PRICE

ADD ALTERNATE

12 Gravel Drive

13 Paved Drive

14 Softening System

15 Sodium Metabisulfite Feed System

16 Metal Scrap Value ( ) ( )

TOTAL Price (items 1-16) $________________

END OF SECTION

SECTION C

SCOPE OF WORK

Water Treatment Plant Improvements

At The Concho Water Treatment Plant

IHS Project OK 13-T49

I. GENERAL

A. Work will be performed at a fully functional and operational drinking water treatment plant.

B. ALL work must be performed in a manner, and at a time, which will minimize disruption to the operation of the facility.

C. ALL work must be scheduled and coordinated through the Indian Health Service Contracting Officer’s Representative.

II. SERVICES TO BE PERFORMED BY THE CONTRACTOR

The contractor shall provide all labor, materials, permits, tools and equipment, travel, and services necessary to construct the project as specified and as shown in the accompanying plans.

A. The following description, while not intended to cover all details, outlines major items of the work to be completed:

1. Removal of existing structures and demolition

2. Piping modifications and miscellaneous valves

3. Building addition

4. Building rehabilitation to include replacement of exterior and interior panels

5. Existing office expansion and rehabilitation

6. One (1) new overhead door

7. One (1) overhead door replacement

8. One (1) dual train clarifier/filter unit on concrete pad

9. Residuals pond sump pump repair

10. Electrical modifications

11. Chemical piping, totes, and panels

12. Two (2) flow meters

13. Gravel drive (Alternative No.1)

14. Paved drive (Alternative No. 2)

15. Softening system with sodium metabisulfite feed system (Alternative No.3)

B. Work shall include minor items not specifically mentioned above but included in the accompanying plans and specifications or obviously necessary to provide a complete and operational system.

C. The water treatment plant must stay in operation throughout construction. Temporary pumping, piping, etc. shall be considered incidental and included in the cost of other bid items.

III. PROJECT CONTACT PERSONS

Specific questions pertaining to the requested RFP should be directed to the Indian Health Service Contracting Officer at the phone number or address shown below. Questions pertaining to the plant location and operation should be directed to the Indian Health Service Contracting Officer’s Representative.

Indian Health Service

Contracting Officer: Contracting Officer’s Representative Judy Perkins Dan Tompkins, P.E.

Division of Acquisition Management Division Sanitation Facilities Construction

Oklahoma City Area Indian Health Service Oklahoma City Area Indian Health Service 701 Market Drive 701 Market Drive Oklahoma City, Oklahoma 73114 Oklahoma City, Oklahoma 73114 Phone: 405-951-6023 Phone: 405-951-3863 Fax: 405-951-3932 Fax: 405-951-3932 Email: Judy.Perkins@ihs.gov Email: Dan.Tompkins@ihs.gov

IV. PROPOSED TIME SCHEDULE

Construction of project is to be completed 240 calendar days after notice-to-proceed.

V. METHOD OF PAYMENT

All measurement and payment will be based on completed work in strict accordance with the statement of work and the RFP bid price. Payment shall constitute full compensation for all work completed, including incidentals. Payment shall be a lump sum contract price payment, of the completed and approved report.

SECTION D

PACKAGING AND MARKING

(a) All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the Indian Health Service. Preservation, packaging and packing shall be in accordance with standard practice for commercial packaging.

(b) Materials provided by the Contractor shall be new and, where appropriate, shall arrive on-site in original containers sealed by the manufacturer. The Government reserves the right to refuse any materials not deemed adequate.

(c) Materials damaged by equipment, water, or dirt are not acceptable.

(d) Materials shall be stored in a manner acceptable to the manufacturer. Storage requirements include protection from rain, etc. The Contractor shall provide adequate storage; the Government may provide storage if interference with Government operations do not occur. This will be coordinated with the Government prior to mobilization. Manufacturer's requirements shall be strictly adhered to.

SECTION E

INSPECTION AND ACCEPTANCE CONSTRUCTION

E.1 CONTRACTING OFFICER'S REPRESENTATIVES

(a) Contracting Officer's Representative’s (COR) will 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 effect the period of performance or price of the contract with approval of the Contracting Officer.

(d) 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. Issuing of a Notice of Noncompliance as described herein does not constitute a suspension of work as described in FAR Clause 52.242-14, Suspension of Work (April 1984).

E.2 APPROVAL OF CONSTRUCTION MATERIALS

a. In accordance with Standard Contract Clause entitled "Material and Workmanship” (FAR 52.236-5, Apr 1984), unless otherwise specifically provided in this contract, all equipment, material, and articles incorporated in the work covered by this contract are to be new and of the most suitable grade for the purpose intended. Unless otherwise specifically provided in this contract, reference to any equipment, material, article, or patented process, by trade name, make or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition, and the Contractor may, at his option, use any equipment, material, article, or process which, in the judgment of the Contracting Officer, is equal to that named.

b. At the pre-construction conference, and before ordering or incorporating any materials, components, or equipment into the project work, the Contractor shall submit a completed Submittal Register that details items to be submitted for approval by the Contracting Officer. The Contractor shall complete the following items on the submittal Register:

(1) Contractor

(2) Contract Number

(3) Submittal Identification (Item Number)

(4) Specification Paragraph Number

(5) Description of Submittal

(6) Type of Submittal

(7) Contractor Schedule Dates A. Submit B. Approval Needed By C. Material Needed By

c. Submittal Register requirements are identified within the specifications and plans of this contract. In addition, the Contractor will furnish submittals for any deviation(s) from the specifications or plans. The Contractor shall provide 3 copies of completed Submittal Registers to the Contracting Officer for approval.

d. Shop drawings, samples, guarantees, manufacturer data, certificates, test reports and other data as specifically indicated within this contract shall be supplied as required by the contract. Under no circumstances shall a scheduled submittal date proposed by the Contractor indicate a material submittal approval date beyond 30% of the total contract performance period. Further, no date shall be shown indicating materials being incorporated into the project after the original contract completion date, unless a formal contract modification has been executed that extends the contract performance period.

e. Acceptance of submittal or final approval of submittals by the Contracting Officer shall not relieve the Contractor from responsibility for errors or omissions in required submittals. All equipment used in the performance of the work under the project shall be subject to the approval of the Contracting Officer. Any equipment, which causes delays in the performance of the work, shall be replaced with reliable equipment when so directed by the Contracting Officer in writing.

f. The Government shall, within five (5) working days, approve or reject, with pertinent comments and explanation any required Construction Material Submittals.

g. In accordance with Standard Contract Clause entitled "MATERIAL AND WORKMANSHIP" (FAR 52.236- 5), if the Contractor uses or installs machinery, equipment, materials, or articles subject to approval under this clause without first obtaining such approval, he does so at the risk of subsequent rejection, and replacement at his own cost.

E.3 SUBSTANTIAL COMPLETION--- FINAL INSPECTION

E.3.1 SUBSTANTIAL COMPLETION

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

(b) The Government at this point will conduct an inspection for the development of punch list items in preparation for final inspection.

(c) The substantial completion inspection should be at least 30 days prior to the contractual completion date and the date of final inspection. This period of time shall be included into the contractor’s performance schedule as additional time to the performance period will not be granted. The contractor is to notify the Contracting Officer at least 10 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 time of final inspection, which is 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 actual damages assessed against the contractor. Remaining funds will be released at the time of final inspection, and upon completion of the contract.

E.3.2 FINAL INSPECTION

(a) Final Inspection completion date is the date established in the contract documents when the project is to be fully complete and is ready to turn over to the Government.

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

(c) All 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.

(d) Failure on the part of the contractor to have the project ready for final inspection will result in assessment of actual damages for all costs occurred for any re-inspection necessary and any and all impact costs to the Government.

(e) Final inspection and acceptance of the work will be by the Contracting Office or an authorized representative appointed in writing. Refer to Clause F.3 for assessment of actual damages.

E.4 WARRANTY OF CONSTRUCTION REQUIREMENTS

The Contractor shall warrant all materials and workmanship under this contract in accordance with FAR Clause 52.246-21 “Warranty of Construction” (Mar 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of—

(1) The Contractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The

Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers

(1) Obtain all warranties that would be given in normal commercial practice;

for work performed and materials furnished under this contract, the Contractor shall—

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturers, or supplier’s warranty.

(i.) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished neither by the Government nor for the repair of any damage that result from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

E.5 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates the following 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 address: www.fbo.gov

CLAUSE NO. TITLE:

FAR 52.236-11 Use and Possession Prior to Completion (APR 1984) FAR 52.246-12 Inspection of Construction (AUG 1996)

SECTION F

DELIVERIES AND PERFORMANCE

F.1 PERFORMANCE PERIOD: 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 7 calendar days after receipt of notice to proceed,

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than 180 after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

F.2 FAR 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

(a) The Contractor shall perform on the site, and with its own organization, work equivalent to a least Twenty-Five percent (25%) of the total amount of work to be performed under the contract.

(b) This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of the actual costs incurred by the government until the work is completed or accepted.

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

(End of Clause)

(a) If the Contractor fails to complete the work within the time specified, or any extensions thereto, the Contractor shall be liable for the total amount of actual damages incurred for each calendar day of delay until the work is accepted and completed.

(b) Actual damages will consist of, but not be limited to the following types of costs:

1. Contracting Officer’s Representative (COR), Project Manager (PM), Contracting Officer, Contract Administrator, other individuals impacted by the project, all direct and indirect cost for hours and costs spent on the project past the contract completion date;

2. Costs including loss of revenue the Indian Health Service incurs as a result of the project not being completed on time;

3. Technical support contractor costs in supporting the Indian Health Service in this period past the contract completion date.

(c) The above actual damages are in addition to other contractual, regulatory, statutory, and Federal

Common Law remedies, protection and damages.

F.4 SUPERINTENDENCE BY THE CONTRACTOR

(a) At all times during performance of this contract and until the work is complete and accepted the Contractor shall directly superintend the work or assign and have on the work site a competent project manager / superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

(b) The project manager/superintendent shall have the responsibility of overall supervisor and be responsible for management of all the ongoing and proposed projects. He/she shall be available in person, by telephone, or radio to respond to any and all problems during normal working hours.

(c) The Contractor shall provide a detailed resume of the proposed project manager/superintendent for review and approval of the Contracting Officer prior to appointment.

(d) If during the life of this contract, the Contractor changes or replaces the project manager/superintendent, approval by the Contracting Officer is required.

F.5 REMOVAL OF PERSONNEL.

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

F.6 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 this project is required.

Failure to do so could result in the contract being terminated for default.

F.7 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates the following 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 address: www.fbo.gov

Clause No Tittle FAR 52.242-14 Suspension of Work (APR 1984) http://www.fbo.gov/

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER

(a) The Contracting Officer means a person who is the principal individual and responsible representative of the Government with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings pertaining to the contract. 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 authorized individual to make changes to the contract.

G.2 ADDRESS OF CORRESPONDENCE

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

(b) All correspondence should be sent via E-Mail directly to the Contracting Officer. Overnight Mail Address and U.S. Mail Address unless other wise specified, shall be sent to the Contracting Officer and should be sent to:

Indian Health Service Oklahoma City Area Office

701 Market Drive Oklahoma City, OK 73114

Attn: Judy Perkins, Contracting Officer Telephone Numbers: Commercial: (405) 951-6023

FAX: (405) 951-3932

(Please Include Solicitation/Contract Number on all correspondence)

G.3 PAPERLESS CONTRACTING

(a) The Indian Health Service 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, to include specifications and drawings, requests for proposals, general correspondence et al, may be issued using electronic methods, i.e., the internet, email, etc., through the previously stated email addresses. Contractors shall have and maintain capability to receive documents in this manner.

(b) It is anticipated that within the life of this contract other electronic processes will be enacted. These include, but are not limited to, electronic offers, and electronic invoicing. When 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 or non-consideration for future work.

SECURITY REQUIRMENTS

G.4 FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph

(b) of this section, unless otherwise approved in writing by the Contracting Officer.

G.5 EMPLOYMENT OF OTHER THAN UNITED STATES CITIZENS

(a) The Contractor agrees not to employ any person that is not a citizen of the United States of America (non-citizen), in the performance of this contract if it is in violation of the Immigration Laws of the United States. The Contractor shall require such documentary evidence of its employees and take such other action as is reasonably necessary to ensure compliance with this clause. The Contractor shall submit the name(s) of any legally employed person(s) that are non-citizens to the Contracting Officer prior to employing such individual(s) on work required by this contract .and, for each non-citizen assigned to work on the contractual requirements and shall submit such additional information concerning its employees as required by the Contracting Officer.

G.6 IDENTIFICATION OF CONTRACTOR EMPLOYEES

(a) Identification (ID) Badges. The contractor shall provide each employee with an ID badge on contract start date or on employment start date. The ID badge shall be made of non-metallic material. The badge shall be easily readable and include the employee's name, the contractor's name, functional area of assignment, and a color photograph. The contracting officer or their designee shall approve the ID badge template before the contract start date.

(b) Display of ID Badges. Contractor personnel shall wear the ID badge at all times when performing work under this contract to include attending Government meetings and conferences. Unless otherwise specified in the contract, each contractor employee shall wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit such placement.

(c) Answering Telephones. Contractor personnel shall identify themselves as contractor employees when answering Government telephones.

(d) Utilizing Electronic Mail (e-mail). When prime contractor or subcontractor personnel send e-mail messages as part of contract performance (or otherwise) relating to contract matters) each sender shall include his/her name (both first and last names), e-mail address and the name of the individual’s employer.

G.7 CONTRACTOR SECURITY REQUIREMENTS

(a) At the Pre-Construction Conference, and prior to beginning work on this project, the Contractor shall provide a list of all on-site personnel, including sub-contractors (including second and third-tier subcontractors) to the Contracting Officer. The contractor shall update this list when changes occur. Contractor personnel not listed may be denied access to the project site and the facility. Contractor personnel will be restricted to designated working areas. Any personnel violating this policy may lose access to the construction site. Contractor personnel shall have photo identification at all times on their person while working on this project. Contractors shall provide the COR with 24 hours of advance notice of every delivery to the site (e.g., concrete, lumber, etc...) and provide the company name making such delivery.

G.8 REQUIREMENT FOR INSURANCE

Insurance Liability Schedule (FAR 28.307-2)

(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 commingled 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. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability.

(1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. The contracting officer shall require 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.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contracting officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the contracting officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

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G. 9 INVOICING REQUIREMENTS

1. General Requirements:

(a) Invoices shall be prepared and submitted in accordance with the provisions of FAR Clause 52.232-27, PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (May 2014).

(b) Invoice shall be submitted in original and one copy to the Contracting Officer. FAX-

ELECTRONIC INVOICES ARE NOT ACCEPTABLE.

(c) Payments will be made within 30 Calendar days upon receipt and approval of a properly executed invoice by the Contracting Officer.

(d) Contractors are directed to contact the Oklahoma City Area Indian Health Service Finance Office with question pertaining to payment information and payment dates.

G.10 SCHEDULE OF VALUES

Before any payment is made to the Contractor, and prior to any progress payment 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 will be furnished at the pre- construction conference.)

At a minimum the following will be shown on the schedule of values as indicated:

(a) Performance and payment bond costs shall be a separate line item cost on the Schedule of Values. When payment is requested, this line item must be accompanied by either a copy of a paid receipt, or a copy of a cancelled check.

(b) Mobilization and Demobilization shall be separate line items on the Schedule of Values.

(c) The costs associated with preparatory work, overhead, profit, insurance, taxes, warranties, and permits shall be prorated into items of work throughout the Schedule of Values.

G.11 PROGRESS SCHEDULE - CONSTRUCTION SCHEDULE

Before any payment is made to the Contractor, the Current Construction Schedule including significant tasks accomplished and percentages of overall work efforts completed for the contract shall be submitted to the Contracting Officer Representative and the Contracting Officer for review and approval.

The construction schedule must be updated monthly and will be submitted for approval for each monthly progress meeting.

The construction schedule will be utilized in evaluating the percentage of project completion during the progress inspections of work in place.

A construction schedule format acceptable to the Contracting Officer would be a Gant chart or bar chart, as long as the following elements are identified and contained in the schedule:

(a) Each significant task, trade specific and location specific, will be identified.

(b) Each task shall have the estimated work-day requirements, performance time, and float time identified with start and stop dates.

(c) All tasks critical to the specified occupancy dates will be uniquely identified.

(d) Each time the construction schedule is submitted for approval, it will require the signature and date of the Contractor as well as the affected subcontractor.

(e) Contract completion time includes correction of the punch list items and clean-up of construction site.

Failure on the part of the contractor to submit a current progress schedule when requesting progress payment will result in an automatic 10% reduction in the amount of the progress payment. These funds will be held until a satisfactory progress schedule is received and approved. Funds being held may then be released with the next monthly progress payment.

G.12 CERTIFICATION OF PAYMENTS-RELEASE OF CLAIM

(a) The Contractor, prior to receiving final payment under this contract, shall submit to the Contracting Officer a certification that the Contractor has made payment from proceeds of prior payments, or that he will make timely payment from the proceeds of the progress or final payment then due to him, to his subcontractors and suppliers in accordance with his contractual arrangements. The Contractor shall submit to the Contracting Officer, together with his request for final payment, a properly executed Contractor's Release. Failure to submit this completed release shall result in delay of final payment.

G.13 FAR 52.232-17 INTEREST (MAY 2014)

(a) Except as otherwise provided in this contract under a Price Reduction for Defective Certified Cost or Pricing Data clause or a Cost Accounting Standards clause, all amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in paragraph (e) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(b) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(c) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(1) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner;

(2) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(3) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

http://uscode.house.gov/ http://acquisition.gov/far/current/html/Subpart%2033_2.html#wp1079912 http://acquisition.gov/far/current/html/Subpart%2032_6.html#wp1031290

(d) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(e) Amounts shall be due at the earliest of the following dates:

(1) The date fixed under this contract.

(2) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(f) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(1) The date on which the designated office receives payment from the Contractor;

(2) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(3) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(g) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

G.14 MEETINGS CONFERENCES:PRE-CONSTRUCTION CONFERENCE

The Contracting Officer will schedule and facilitate a Pre-Construction Conference to be held after contract award.

This conference will be held at the construction site or other location convenient to all parties. Maximum participation on the part of the prime contractor and all known sub-contractors is expected.

Items to be included in the agenda:

1. Designation of responsible personnel representing entities involved in construction.

2. Use of premises by Contractor and Government, Government’s occupancy requirements, and work hours.

3. Construction schedule, work sequence, and delivery priorities.

4. Construction facilities, controls, and temporary utilities.

5. Procedures for processing submittals, applications for payment, substitution requests, field decisions, and contract modifications.

6. Security, safety, first aid, and housekeeping procedures.

7. Procedures for maintaining project record documents.

8. Requirements for startup of equipment.

9. Testing procedures.

10. Inspection and acceptance of equipment put into service during construction period.

11. Contract closeout procedures.

12. Other pertinent items.

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SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 HHSAR 352.226-1 INDIAN PREFERENCE (Dec 2015)

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

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

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

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