B01__75H701-19-Q-00043.pdf

19-102-SOL-00010

Martha George-Sachava New Septic & Randy George Septic Repair

Attac

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

6/21/2019

PAGE

OF PAGES

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

PO-18-C33C | PO-16-C04C

7. ISSUED BY CODE 200 8. ADDRESS OFFER TO

Indian Health Service – DES, Dallas

1301 Young Street, Suite 1071

Dallas, TX 75202

Indian Health Service – DES, Dallas

1301 Young Street, Suite 1071

Dallas, TX 75202

9. FOR INFORMATION

CALL:

a. NAME

Robert S. Miller

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

214-767-8589 or Robert.Miller2@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 Dallas is issuing a Request for Proposal (RFP)

75H701-19-Q-00043

Residential Two-Party Well Connection (Virgene Blair) Project PO-15-B94L, Cowlitz Indian Reservation

Location: 31220 Canaan Road, Columbia County, Deer Island, Oregon 97054

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

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

**Magnitude of Construction is between $25,000.00 and $100,000.00.

Proposals are due at 1600 hours (4 P.M. CST), July 16, 2019

A Site Visit is determined to be N/A. Please See FAR 52.236-27 Site Visit Construction

11. The contractor shall begin performance within 10 calendar days and complete it within 30 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 0 copies to perform the work required are due at the place specified in Item 8 by 4:00 PM (hour) local time 07/16/2019 (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 not is 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?

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

12b. CALENDAR DAYS

YES NO 10 days after award mailto:Robert.Miller2@ihs.gov

Martha George-Sachava New Septic & Randy George Septic Repair

OFFER (Must be fully completed by offeror)

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

DUNS#

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)

Robert S. Miller 30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

AMOUNTS Total All 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 27. PAYMENT WILL BE MADE BY: Portland Area Indian Health Service

1414 N.W. Northrup, Suite 800

Portland, OR 97209

Same as Block 7

75H701-19-Q-00043 Residential Two-Party Well Connection (Virgene Blair)

SECTION B. SCHEDULE OF ITEMS

Virgene Blair Residential Two-Party Well Connection

ITEM

DESCRIPTION

EST QTY

UNIT

UNIT

PRICE

TOTAL PRICE

1 Mobilization/demobilization 1 LS

2 Replacement 2HP Submersible

Pump (Goulds 10GS20 or equal)

1 LS

3 Replacement 1-1/4” Sch 120 PVC

Drop Pipe and Submersible Cable

500 LF

4 Replacement 6” Well Cap 1 LS

5 Replacement Pressure System

(Amtrol WX255 or equal) 80 Gal

Tank

1 LS

6 1-1/2” HDPE SDR 7 Water

Service Line

550 LF

7 4” Scg 80 PVC Encasement Pipe for Water Service Line

40 LF

8 Gravel Resurfacing 5 CY

9 Freezeless Yard Hydrant 2 EA

10 1” Individual PRV (Watts

LF25AUB 10-35 psi or equal) with Box

1 LS

Subtotal Price

Total Price of Items: $__________________

Price Schedule Notes:

1. Line Items 1-10 (Well Connection) shall include all salaries, overhead, G&A, fringe benefits, insurance, bonding, profit, travel, materials to include all subcontracting costs, and any other costs detailed in the attached specifications (Section 01270 – Price and

Payment), notes, details, and, plans necessary to perform the work herein. Offeror(s) must submit pricing for the line items in the above schedule.

2. Bidder must bid on all items of all schedules to be considered responsive for award. The awarding of optional items will be based on the availability of funds and other considerations.

3. Line items shall only be reimbursed for actual costs performed at the firm-fixed unit price of the total amount for each item.

Associated work should be validated and approved by the Contracting Officer’s Representative (COR). Travel expenses will not be reimbursed. Failure to submit pricing in this manner may result in proposal rejection.

KEY: LS = Lump Sum; EA = Each, HR = Hour, CY = Cubic Yard, and LF = Linear Feet

1. TYPE OF CONTRACT

The Government contemplates award of a firm-fixed-price construction contract with Options as listed within Schedule.

This solicitation for construction and any resulting contract is subject to Federal Acquisition Regulation (FAR) Part 36, Construction and

Architect-Engineer Contract. This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular Number

2019-02 effective June 5, 2019 (updated with Class Deviation 2019-O0009).

FAR 52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows:

To be determined.

PROJECT TITLE: Residential Two-Party Well Connection (Virgene Blair) Project PO-15-B94L, Cowlitz Indian Reservation.

PROJECT LOCATION: 31220 Canaan Road, Columbia County, Deer Island, Oregon 97054

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

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

CONTRACT SPECIFIC TERMS AND CONDITIONS:

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

[ ] Less than $25,000

[x] Between $25,000 and $100,000

[ ]Between $100,000 and $250,000

[ ] Between $250,000 and$500,000

[ ] Between $500,000 and $1,000,000

[ ] Between $1,000,000 and$2,000,000

[ ] Between $2,000,000 and$5,000,000

B. Bid Bond: A Bid Guarantee IS NOT required.

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

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

CONTRACT SPECIFIC TERMS AND CONDITIONS:

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

B. Questions Regarding the Solicitation and Project: Shall be submitted in writing to Robert S. Miller, Contract Specialist, via e-mail at

Robert.Miller2@ihs.gov. Questions will be accepted up to July 2, 2019, Noon CST. The Government is not obligated to answer any questions submitted after this date.

C. Furthermore, all questions shall be submitted by the prime contractor(s) on behalf of their subcontractor(s) and supplier(s) to the contract

Specialist. Questions submitted by subcontractors and/or suppliers directly to the contract specialist will be rejected and not answered.

D. 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 SF1442.

E. 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.

PERIOD OF PERFORMANCE: Date of notice to proceed (NTP) until 30 calendar days thereafter

The contractor shall not commence work until it has been issued a Notice to Proceed (NTP). The award is not the NTP for this contract work.

Prior to issuance of an NTP, the contractor shall submit for approval performance and payment bonds, a project schedule showing the date mailto:Robert.Miller2@ihs.gov when on-site work will begin, the hours worked will be performed, the date the work will be completed, and all required insurance. No work will be performed on Saturdays, Sundays, federal holidays, or Tribal holidays without the Project Engineer’s consent.

SUBMITTALS:

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

SELF-PERFORMED WORK AND LIMITATIONS ON SUBCONTRACTING

This procurement is a 100% Small Business set-aside. Offerors are to complete and submit with their proposals the Worksheet provided below. The period of time used to determine offers’ compliance with the requirements for self-performance of work and the limitations on subcontracting will be the period the Agency uses to evaluate the proposal for this contract.

Incidental Payment Items – The intent of the contract is to provide for the complete work of the project described in the contract. Unless otherwise provided, the contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies, TERO requirements (see

H.1) and perform all work required to complete the project in accordance with the drawings, specifications, and provisions of the contract.

Payment for contract work will be made for and under those pay items included in the Schedule of Items (which is one lump sum price for the contract). All other work and materials will be considered as incidental to and included in the payment for items shown.

IMPORTANT INFORMATION:

Under no circumstances will any oral statements made be binding upon the Government unless such statements or agreements are issued in writing by the Contracting Officer.

Only a warranted Contracting Officer acting within their delegated limits has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed within the change and shall immediately notify the Contracting Officer

SELF-PERFORMED WORK AND LIMITATIONS ON SUBCONTRACTING

This procurement is a 100% Small Business set aside. FAR 52.219-14 (NOV 2011) is incorporated herein by reference. Offerors are to complete and submit with their proposals the Worksheet provided below. The period of time used to determine offerors’ compliance with the requirements for self-performance of work and the limitations on subcontracting will be the period the Agency uses to evaluate the proposal for this Task Order.

OFFEROR’s SELF PERFORMNACE WORKSHEET:

Offeror’s are required to complete this worksheet for this contract.

a) Offeror’s total proposed price $

b) Subtract profit or fees $

c) Subtract cost of materials $

d) Offeror’s total estimated cost of contract performance for personnel (a-b-c=d) $

e) Offeror’s total estimated self-performed cost of contract performance incurred for personnel who are Offeror’s employees or the employees of other HUB Zone Contractor’s (Self-Performed) $

f) Offeror’s percentage of self-performed work (e/d X 100 = %) %

List of proposed subcontractors for this project /value of those subcontracts:

Subcontractor $Value

Subcontractor $Value

List of “Self-Performed” work activities by the Small Business:

At completion of this contract, the awardee shall complete and submit the following calculations to the Contracting Officer for the actual results achieved.

a) Offeror’s total proposed price $

b) Subtract profit or fees $

c) Subtract cost of materials $

d) Offeror’s total estimated cost of contract performance for personnel (a-b-c=d) $

e) Offeror’s total self-performed cost of contract performance incurred for personnel who are Offeror’s employees or the employees of other Small Business Contractor’s (Self-Performed)

f) Offeror’s percentage of self-performed work (e/d X 100 = %) %

Definitions: (from 13 CFR 125.6):

Cost of the contract. All allowable direct and indirect costs allocable to the contract, excluding profit or fees.

Cost of contract performance incurred for personnel. Direct labor costs and any overhead which has only direct labor as its base, plus the concern's General and Administrative rate multiplied by the labor cost.

Cost of materials. Includes costs of the items purchased, handling and associated shipping costs for the purchased items (which includes raw materials), off-the-shelf items (and similar proportionately high-cost common supply items requiring additional manufacturing or incorporation to become end items), special tooling, special testing equipment, and construction equipment purchased for and required to perform on the contract. In the case of a supply contract, the acquisition of services or products from outside sources following normal commercial practices within the industry are also included.

Personnel. Individuals who are “employees” under §121.106 of this chapter except for purposes of the Small Business program, where the definition of “employee” is found in §126.103 of this chapter.

Subcontracting. That portion of the contract performed by a firm, other than the concern awarded the contract, under a second contract, purchase order, or agreement for any parts, supplies, components, or subassemblies which are not available off-the-shelf, and which are manufactured in accordance with drawings, specifications, or designs furnished by the contractor, or by the government as a portion of the solicitation. Raw castings, forgings, and moldings are considered as materials, not as subcontracting costs. Where the prime contractor has been directed by the Government to use any specific source for parts, supplies, components subassemblies or services, the costs associated with those purchases will be considered as part of the cost of materials, not subcontracting costs.

SECTION C. STATEMENT OF WORK

Solicitation No:

Project Name: Residential Two-Party Well Connection (Virgene Blair) Project PO-15-B94L, Cowlitz Indian Reservation

Project Location: 31220 Canaan Road

Deer Island, OR 97054

Columbia County on the Cowlitz Indian Reservation

Project No: PO-15-B94L

A. Project Description

This project is for installation of a two-party well connection for an existing residential home and replacement of an existing pressure system for a 500 ft individual water supply well in Columbia County, Oregon.

B. Ownership

This project will provide sanitation facilities to a private home owned by a member of the Cowlitz Tribe. Upon completion, the facilities will be transferred to the homeowner. The system will be operated by the homeowner.

C. TERO & Other Fees

Project site is not located on trust land. TERO fees do not apply. Taxes apply and must be included in the Section B bid schedule (Section J, Attachment J01). Permit fees for electrical work apply. For further detail, see also mobilization and demobilization in Section J, Attachment J02

Measurement and Payment.

D. Scope of Work

Work is to be completed on private property, under the jurisdiction of Columbia County. The contractor must review site conditions, and report any concerns or discrepancies to the Contracting Officer’s Representative (COR) in writing prior to beginning construction. In accordance with the design (Section J, Attachment J03), the contractor must:

D.1 Work Requirements:

1. Obtain electrical e-permit through Columbia County

2. Replace well pump, drop pipe, submersible cable, well cap, and pitless adapter

3. Replace pressure system

4. Install approximately 550 LF of water service line with pressure reducing valve

5. Terminate existing spring water supply service to home

6. Install freezeless yard hydrant on spring water supply line

Note: The homeowner is responsible for installing an access hatch or removing and replacing roof for well access

E. Technical Requirements

E.1 Codes, References, and Standards:

Work under this contract must be performed in compliance with the codes, references, and standards listed below. If conflicts exist between these references, consult the COR for direction.

1. Site design (Section J, Attachment J03)

2. Columbia County Public Health

3. Oregon Plumbing Specialty Code

4. Oregon Administrative Rules

5. Oregon Electrical Specialty Code

6. National Electrical Code

E.2 Submittals:

The contractor must provide electronic copies of the below listed items to the COR in the manner specified.

i. Pre-Construction (submit a minimum of five (5)-days prior to construction)

a. Submersible Well Pump (Goulds 10GS20 or equal)

b. Pressure Reducing Valve (Watts LF25AUB 10-35 psi or equal)

c. Pressure Tank (WX255 or equal 80 gal tank)

d. Equipment or material variations from those specified in the design (Section J, Attachment J03) or bid schedule

(Section J, Attachment J01).

ii. Post–Construction

a. For products with warranties greater than one year, include the following:

i. Manufacturer’s product information

ii. Model and serial number

iii. Date of installation

E.3 Material Specifications:

1. The contractor must install materials as specified on the design (Section J, Attachment J03) and bid schedule

(Section J, Attachment J01).

2. Materials specified may be substituted with equals with written approval from the COR in accordance with submittal procedure E.2 Submittals, 1. Pre-Construction, d. (above).

E.4 Work Execution Requirements:

1. The contractor is responsible for determining the exact location of all utilities. The contractor is responsible for protecting utilities from damage during construction.

2. The contractor is responsible for obtaining the electrical permit and coordinating inspection. Electrical inspection approval is required prior to final payment.

3. The contractor must attend a pre-construction meeting before beginning work under this contract, unless otherwise explicitly authorized by the Contracting Officer.

4. All equipment removed during replacement and debris generated during construction must be removed from site.

5. All areas disturbed by construction activities must be finish-graded.

6. The contractor must notify and obtain approval from the COR before deviating from the design specified in Section J, Attachment J03.

7. The contractor must obtain approval from the Contracting Officer prior to installing material quantities in excess of those specified on the bid schedule (Section J, Attachment J01).

8. The contractor must notify and advise the COR on all work to be done or in progress sufficiently in advance so that proper inspection can be performed.

9. The contractor must contact the COR 24 hours prior to final backfill for a final inspection.

Project Completion Time:

30-calendar days

Project Manager/Contracting Officer’s Representative (COR):

Britany MacFarlane, P.E.

Indian Health Service, Olympic District Office

4060 Wheaton Way, Suite E

Bremerton, WA 98310

Office: 360-792-1235 ext 111

Cell: 360-536-0156

Fax: 360-792-1314 britany.macfarlane@ihs.gov

END OF SECTION

mailto:britany.macfarlane@ihs.gov

SECTION D. PACKAGING AND MARKING

Packaging and Marking

All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the Indian Health Service.

Preservation, packaging and packing shall be in accordance with industry standard packaging appropriate for the item(s) involved. The Indian

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

Equipment and materials provided by the Contractor shall be new and, where appropriate, shall arrive on-site sealed in original manufacturer’s containers. The Government reserves the right to refuse any items deemed to not meet this requirement.

SECTION E. INSPECTION AND ACCEPTANCE

FAR 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 Clause)

SECTION F. DELIVERIES OF PERFROMANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the

Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(s):

www.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

Number Title Date

52.242-14 Suspension of Work Apr 1984 http://www.usda.gov/procurement/policy/agar.html

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work within 30 calendar days of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises. Performance time will include submittals and approvals.

REMOVAL OF PERSONNEL

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

Contracting Officer as objectionable.

http://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html

SECTION G. CONTRACT ADMINISTRATION DATA

CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

(End of clause)

CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(a) [TO BE ASSIGNED BY SEPARATE LETTER AT CONTRACT AWARD] is hereby designated as the Contracting Officer’s

Representative (COR). The COR may be changed at any time by the Government without prior notice to the Contractor by a unilateral modification to the contract. The COR is located at: See separate letter

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The

Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the Contractor.

CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE

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

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

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

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

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 proposal 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 upon request. The following is the detail required by the Contracting Officer:

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

(2) The cost of preparatory work (e.g., shop drawings or product submittals), field and home office overhead, profit, insurance, taxes, warranties, as built drawings, etc., shall be pro-rated into items of physical work and not listed as separate line items. Cost of

Performance and Payment Bonds may be listed as a single line item and not pro-rated. Also, cost of mobilization and demobilization relating to transportation or installation costs associated with such items as site trailers, heavy equipment, temporary batch plants, temporary on site manufacturing and assembly facilities, temporary on site 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) Material stored on site may be included in earned progress if the Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform in contract.

(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.

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.

ADDRESS FOR CORRESPONDENCE

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

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

Indian Health Service

Division of Engineering Services

1301 Young St. Suite 1071

Dallas, Texas 75202-5433

Telephone Numbers: Commercial: (214) 767-3493

IDENTIFICATION OF CONTRACTOR EMPLOYEES

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.

Display of ID Badges. Contractor personnel shall wear the ID badge at all times when performing work under this contract on site and when attending Government meetings and conferences off-site. Unless otherwise specified, 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.

TEST RESULTS

Submit all results of test required by the contract to the COR/Project Manager for review.

PERMITS AND CERTIFICATES

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

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.

SECTION H. SPECIAL CONTRACT REQUIREMENTS

SUBCONTRACTING

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

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

(c) In the event of the contractor’s noncompliance with the foregoing requirements, the Government may terminate this contract for default or take other appropriate action, including, but not limited to, requiring the contractor to terminate any such subcontract and substitute an eligible subcontractor in lieu thereof, at no increase in the contract price or time for performance.

(d) The term “subcontractor,” as used in this clause, shall mean the individual or firm with whom the contractor proposes to enter into a subcontract for manufacturing, fabricating, installing, or otherwise performing work under this contract.

(e) Within ten (10) days after contract award, the contractor shall furnish to the Contracting Officer in writing a list of all subcontractors scheduled to perform work under the contract on Form SF-1413.

(f) The contractor shall include the provisions of paragraphs a., b., and d. of this clause in every subcontract hereunder.

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.

WORK HOURS AND ACTIVE GOVERNMENT OPERATIONS

Normal work days and hours are Monday through Friday, 7:00 am to 5:00pm excluding federal holidays for occupied facilities and no set times or days for unoccupied spaces. The Contractor shall notify the COR a minimum of 72 hours in advance of arriving on site to complete work and check in with the COR upon arrival. A minimum of 48 hours of advance notice is required for special request to work outside of normal work hours.

MATERIALS ON SITE

http://www.sam.gov/portal/SAM/#1

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.

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.

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.

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.

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.”

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.

I Should a proposal cost exceed $750,000 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 percentages 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.

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

(b) Part I-Construction Clauses

(c) Statement of Work

(d) 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 materials furnished by the Contractor to explain in detail specific portions of the work required by the contract.)

EMPLOYEE APPEARANCE

The Contractor shall ensure that all employees present a professional appearance that is appropriate for their position. The Contracting

Officer reserves the right to determine the acceptability of any clothing worn. All Contractor/subcontractor employees working under this contract shall be identified by a distinctive nameplate, emblem, or patch attached in a prominent place on an outer garment.

REMOVAL OF EMPLOYEES/SUB CONTRACTORS

All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require in writing that the

Contractor immediately removed from the work site any employee of the Contractor, and employee of the Sub Contractor, or the Sub

Contractor, if the Contracting Officer deems that a person or company is incompetent, careless, or otherwise objectionable. The use of, or possession of any alcohol or illegal drugs, is cause for immediate removal from the project.

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

The Contractor assumes responsibility for any and all damage and/or injury to persons or property resulting from any action of prime contractor and subcontractor employees (at any tier).

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

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

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