B01_RFP_Supai_Clinic_and_Quarters_Final.pdf

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

Solicitation Number: 75H701-20-R-00007 Supai Clinic and Quarters Construction

Project Number: PH18CR02C9

Colorado River Service Unit Havasupai Reservation

Supai, Arizona

PROJECT TABLE OF CONTENTS:

Section Taxonomy

Section A Standard Form 1442

Section B Schedule of Items

Section C Description and Specification (Statement of Work)

Section D Packaging and Markings

Section E Inspection and Acceptance

Section F Deliveries or Performance

Section G Contract Administration Data

Section H Special Contract Requirements

Section I Contract Clauses

Section J List of Documents, Exhibits

Section K Representations and Certifications

Section L Instruction, Conditions and Notices

Section M Evaluation Factors for Award

Proposals must set forth full, accurate, and complete information as required by this request for proposal (including attachments).

The penalty for making false statements in proposals is prescribed in 18 U.S.C. 1001.

(See ).

SOLICITATION, OFFER,

AND AWARD

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

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

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

is, is not required.

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

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

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

75H701-20-R-00007

Division of Eng. Services Seattle 701 Fifth Ave, Suite 1600 Seattle WA 98104

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

Project: PH18CR02C9, Havasupai (Supai) Clinic and Quarters Construction

The Contractor shall be responsible for all necessary work to achieve required outcomes, including materials, labor, equipment, tools, personal protective equipment (PPE), coordination with Authorities Having Jurisdiction (AHJ), internal construction permits, incidental design, travel, tribe fees, and other related expenses to construct the Supai Clinic and Quarters. The project is located at Supai Village, Arizona 86435, located in Havasu Canyon on the Havasupai Reservation.

A full scope of work, technical specifications and drawings can be found in pages of this solicitation.

Site Visit information can be found at Section L.8 of this solicitation. Offerors MUST confirm attendance no less than one week prior to the site visit.

This project will be procured as a 100% Small Business set-aside solicitation under North American Industry Classification System (NAICS) code 236220 Commercial and Institutional Building Construction. The associated size standard for this procurement is $39.5 million.

CONSTRUCTION MAGNITUDE: The magnitude of this construction project is anticipated to be between $5,000,000 and $10,000,000, in accordance with FAR 36.204(g).

Same as Block 7

Erik Lundstrom (206) 615-2782

PH18CR02C9

2 6310/17/2019

12/17/2019

2:00 PM

FAR 52.211-10

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

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

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

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

30b. SIGNATURE 30c. DATE

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

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

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

20b. SIGNATURE 20c. OFFER DATE

Division of Eng. Services Seattle 701 Fifth Ave, Suite 1600 Seattle WA 98104

Indian Health Service, Attn: Financial Management 40 N. Central Avenue, Suite 512 Phoenix AZ 85004

CLIN 0001 Base Bid Item $__________________

Solicitation 75H701-20-R-00007 Project: PH18CR02C9, Supai Clinic and Quarters Construction

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. PRICE SCHEDULE

CLIN DESCRIPTION OF SUPPLIES/SERVICES QTY UNIT TOTAL COST

Contractor shall furnish all labor, material, equipment, supervision, tools, transportation, quality control, personal protective equipment (PPE), coordination with Authorities Having Jurisdiction (AHJ), construction permits, incidental design, travel, and other resources required to perform the work described in this solicitation for the Supai Clinic and Quarters project.

Construction Duration: 494 calendar days after the Notice to Proceed

1.00 LS $_______________

NOTES:

As a reminder, all offerors are responsible for allowing for all applicable state, local and tribal (where applicable) taxes and fees within their bids and to perform their own due diligence in ascertaining them.

The Contractor is responsible to pay all applicable Tribal fees and/or taxes, or applicable requirements that may be incurred as a result of this project. Failure on the part of the successful Offeror not to include these fees or the appropriate impacts will not constitute a request for an equitable adjustment to the contract price.

B.2. Pricing Data Submission: In accordance with FAR 15.403-3(a)(ii), Requiring Data Other Than Certified Cost or Pricing Data, it is requested that pricing data be submitted to show the breakdown of costs for the above CLIN. This is requested so that the determination of a fair and reasonable price can be made by the Contracting Officer. For example, the price breakdown shall have the direct labor cost and the direct material cost broken out.

B.3. SF1442, Block 24: Invoices for payment shall be reviewed and signed by the Contracting Officer’s Representative (COR) (signature) prior to submission to the Contracting Officer (CO). The signed payment invoice shall be sent via e-mail to Contracting Officer (erik.lundstrom@ihs.gov) and the Contracting Officer’s Technical Representative (david.farley@ihs.gov).

B.4. 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, tribal requirements 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.

B.5. Definitions

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

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.

mailto:erik.lundstrom@ihs.gov mailto:david.farley@ihs.gov

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.

END OF SECTION

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1. STATEMENT/SCOPE OF WORK

A. PROJECT DESCRIPTION

Title: PH18CR02C9, Supai Clinic Replacement and New Quarters Construction

Purpose: Replace the existing Indian Health Service (IHS) Supai Clinic with a new Clinic and Staff Quarters. The new Clinic will provide Primary Care, Dental, Pharmacy/Medication Dispensing, Lab and Radiology. Additionally, the new Clinic will have Specialty Care Visiting Providers (Podiatry, Optometry, Ophthalmology and Psychiatry) as well as Alcohol and Substance Abuse, Behavioral Health, Social Work, Public Health Nursing, and Public Health Education Programs. The floor plan combines the clinic and the quarters into a two story building with the Clinic located on the first floor and the Staff Quarters on the second floor. Construction will be phased in order to maintain the current IHS Transient Quarters (located on future construction site) intact until new Quarters are constructed.

Location: All work shall be performed in Supai Village located in Havasu Canyon on the Havasupai Reservation. The location of the new clinic will be on a parcel that includes the existing Tribal consultant quarters and existing IHS transient quarters. The overall size of the parcel is approximately 11,000 square feet.

B. BACKGROUND

The existing Havasupai (Supai) Clinic is a 2,160 square feet (sf) single story modular building built in 1972. A Facility Assessment Report prepared by the Phoenix Area Indian Health Service (PAIHS) in 2011 indicated that the existing Supai Clinic had reached the end of its useful life and is undersized for the population it serves. Subsequently, PAIHS contracted with an Architect-Engineer (A-E) firm to provide a design for a new clinic on an existing IHS leased parcel site.

C. SCOPE OF WORK

1. The project consists of the construction of a new two story community health clinic and dwelling units in the village of Supai in the Grand Canyon. The building is of wood framed construction with metal siding and roofing. There are special conditions for site access due to the extremely remote location, including materiel transport by helicopter, and provision of temporary housing for workers.

2. The clinic is designed to be constructed in two phases as follows:

Phase One: The existing north house as shown on the construction drawings will be demolished by the Havasupai Tribe prior to construction. The first phase consists of 7,500 sf on two floors.

The first floor is clinical spaces, offices, and support spaces, and the second floor is dwelling units – two two-bedroom units, and three single bedroom efficiency units. The first floor will be shelled (structure and envelope complete) while the second floor is completing construction.

Once the second floor is habitable (substantially complete), the residents inhabiting the existing Doctor’s Quarters adjacent to the new construction will be relocated into the new dwelling units and the existing Quarters building will be demolished by the Contractor. Demolition of the existing quarters will include hazardous materials abatement.

Phase Two: The second phase consists of completion of the Phase 1 first floor construction and the construction of 3,400 sf of single story new clinical space added to the Phase 1 building.

3. The Contractor shall be responsible for all necessary work to achieve required outcomes, including labor, equipment, tools, personal protective equipment (PPE), coordination with Authorities Having Jurisdiction (AHJ), internal construction permits, incidental design, travel, TERO fees, and other related expenses. Work includes all civil, structural, mechanical, electrical, plumbing, medical gas systems, fire protection, special systems (network/phone), medical equipment, furniture and all finishes.

a. Comprehensive As-Builts. Construction Drawings in AutoCAD will be provided to Contractor.

b. Any and all other construction tasks as required to complete the project in accordance with Attachment J01 – Construction Drawings and Attachment J02 – Construction Specifications; these construction documents provide requirements of the project as well as required outcomes and objectives.

D. CONTRACT SAFETY AND ACCIDENT PREVENTION

This contract is for construction and includes dismantling, demolition and removal, as well as possible remediation and abatement.

The Contractor shall comply with all pertinent provisions of the latest version, of all Federal and State OSHA Health and Safety Standards in the performance of task orders issued under the contract. These standards are hereby included into this contract in full force and effect, and the most stringent of the standards in effect on the date of the solicitation, will apply.

If at any time the Contractor is advised by an authorized Safety Officer to cease and desist work and correct a safety issue, the Contractor’s personnel MUST stop work, correct the issue to the satisfaction of the Safety Officer, and the superintendent MUST contact the CO/COR, and inform them of the incident. At any time the CO/COR can also stop work for a safety violation or concern.

1. Accident prevention and safety are the responsibility of the Contractor. Any act or failure to act by the Government in surveillance or enforcement of the Scope of Work, Specification or Requirements shall not affect or relieve the Contractor of any responsibility and/or liability for the safety of Government property, Government employees, medical patients, Contractor personnel, personal property, and any subcontractor/vendor personnel. The Contractor shall be responsible for all damages to persons and/or property that occur as a result of Contractor negligence in connection with work requirements contained in each task order.

2. Safety Plan. Within 15 days after award of the contract, the Contractor shall furnish to the CO a Job Specific Safety Plan. The plan shall comply with OSHA and project requirements. Include the following in the plan:

a. Demonstrate compliance with FAR 52-236-13 (Accident Prevention).

b. Name and contact information of responsible supervisor to carry out the program;

emergency services contact information, location of emergency services, monthly safety meetings; first aid procedures; outline of each phase of work, hazards associated with each phase and methods proposed to ensure property protection, and safety of the public, IHS staff and Contractor employees; training; planning for possible emergency situations;

housekeeping and fire protection.

3. Compliance with Regulations. All work including the handling of hazardous materials or the disturbance or dismantling of structures containing hazardous materials shall comply with the applicable requirements of 29 CFR 1910/1926. Work involving the disturbance or dismantling of asbestos or asbestos-containing materials; the demolition of structures containing asbestos;

and/or disposal and removal of asbestos, shall also comply with the requirement of 40 CFR, Part 61, Subparts A and B. ETL 1110-1-118 and DA Circular 40-83-4. All work shall comply with applicable federal, state and municipal safety and health requirements. The Contractor shall comply with the requirements of OSHA. Conflicts between applicable regulations will be resolved by using the most stringent.

4. Asbestos Containing Products/Materials. The Contractor is advised that friable and/or non-friable asbestos containing material may be encountered where Contract work is to be performed; specifically in Building #311 Quarters to be demolished, floor tile and roofing contains asbestos. See Attachment J03 – Specifications Appendix – Quarters Asbestos Report for the Supai Service Unit Building #311. This report identifies locations of Asbestos containing materials.

E. CODES/STANDARDS

1. The Contractor is responsible for securing all needed permits and for ensuring compliance with all federal, state, tribal, and local codes and design standards, latest editions.

2. The Contractor shall adhere to the following code requirements for work performed, testing and inspections, including, but not limited to the following:

a. Occupational Safety and Health Administration (OSHA) – CFR1926.

b. International Building Code (IBC) 2015 Edition

c. International Mechanical Code (IMC) 2015 Edition

d. International Plumbing Code (IPC) 2015 Edition

e. International Fuel Gas Code (IFGC) 2015 Edition

f. National Electric Code (NEC) 2014 Edition

g. National Fire Protection Association Codes NFPA 101 2012 Edition

If discrepancies are found between the scope of work and codes or standards as referenced in this SOW, the codes or standards shall govern, unless noted otherwise.

3. Quality Assurance/Quality Control

a. All materials shall be approved by Contractor Officer’s Representative via the submittal process.

b. All materials shall be installed per manufacturer’s instructions, applicable codes and good work practices.

c. Housekeeping will be accomplished on a daily basis. All debris and trash generated by this project will be disposed of properly in accordance with governing national, state and local environmental regulations.

SECTION D – PACKAGING AND MARKING

D.1. PACKAGING AND MARKING

(a) All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the Indian Health Service. Preservation, packaging and packing shall be in accordance with industry standard packaging appropriate for the item(s) involved. The Indian Health Service is not responsible in any manner for deliveries intended for the project that are not generated by the Indian Health Service.

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

(c) Material shall be stored in an enclosed and dry area protected from damage and soiling. The contractor shall coordinate a suitable storage area with the COR.

SECTION E – INSPECTION AND ACCEPTANCE

E.1. INSPECTIONS

The Government reserves the right to inspect all aspects of work performed, including hiring a third party inspector to verify proper installation and operation. Contractor is required to demonstrate full and complete operation of all work performed. Final acceptance will be based on an acceptable final inspection.

(a) Substantial Completion Inspection

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

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

(3) The substantial completion inspection should be at least 15 days prior to the contractual completion date and the date of final inspection. The Contractor is to notify the CO at least 10 days in advance to schedule the substantial completion inspection.

(4) If at the time of the substantial completion inspection the Government finds that the Contractor will not have the project complete at the contract completion date, the CO will withhold 10% of any progress payment due the Contractor. These funds will be used to off-set any liquidated or actual damages assessed against the Contractor. Remaining funds will be released upon final inspection, and completion of the contract.

(b) Final Inspection

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

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

(3) 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.

(4) Failure on the part of the Contractor to have the project ready for final inspection may result in assessment of damages as specified in the contract.

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

SECTION F – DELIVERIES OR PERFORMANCE

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

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

https://www.acquisition.gov/far/ (End of clause)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

Number Title Date

52.242-14 Suspension of Work Apr 1984

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

The Contractor shall be required to

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 494 calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1. CONTRACTING OFFICER

The Contracting Officer (CO) is the individual appointed with the authority to enter into, obligate funds, administer and make related determinations pertaining to the contract on behalf of the federal Government. The Contracting Officer must sign all contractual documents, including contract modifications, and approve payment requests. The Contracting Officer is the only individual authorized to make changes to the contract.

https://www.acquisition.gov/far/

G.2. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

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

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

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

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

G.3. CONTRACT ADMINISTRATION DATA

Administration of this contract is under the cognizance of the Indian Health Service, Office of Environmental Health and Engineering, Division of Engineering Services.

(a) The Procuring Contracting Officer (PCO) for this procurement is:

Jenny Scroggins Indian Health Service (IHS) / Division of Engineering Services (DES) 1301 Young Street, Suite 840 Dallas, TX 75202 Telephone Number: (214) 767-6613 Jenny.Scroggins@ihs.gov

(b) The Administrative Contracting Officer (ACO) for this procurement is:

Erik Lundstrom Indian Health Service (IHS) / Division of Engineering Services (DES) 701 Fifth Ave, Suite 1600 Seattle, WA 98104 Telephone Number: (206) 615-2782 erik.lundstrom@ihs.gov

(c) The Contracting Officer’s Representative (COR) for this procurement is:

David Farley, PE, MS, CEM CDR, U.S. Public Health Service Commissioned Corps Engineer, Facilities Design & Construction Branch / Phoenix Area Indian Health Service 40 N. Central Avenue, Suite 720 Phoenix, AZ 85004-4424 Telephone Number: (602) 364-5135 david.farley@ihs.gov

G.4. ADDRESS FOR CORRESPONDENCE

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

mailto:Jenny.Scroggins@ihs.gov

(b) Most correspondence should be sent via e-mail directly to the Administrative Contracting Officer (erik.lundstrom@ihs.gov) and Contracting Officer Representative (david.farley@ihs.gov). Include the Contract Number on all correspondence. Any overnight Mail and U.S. Mail shall be sent to the Contracting Officer, unless otherwise specified, at the following address:

Indian Health Service (IHS) / Division of Engineering Services (DES) Attn: Erik Lundstrom 701 Fifth Ave, Suite 1600 Seattle, WA 98104

G.5 PAYMENT PROCESS

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

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

(2) The cost of preparatory work (e.g., shop drawings or product submittals), field and home office overhead, profit, insurance, taxes, warranties, as-built drawings, etc., shall be pro-rated into items of physical work and not listed as separate line items. Cost of Performance and Payment Bonds may be listed as a single line item and not pro-rated. Also, cost of mobilization and demobilization relating to transportation or installation costs associated with such items as site trailers, heavy equipment, temporary batch plants, temporary on-site manufacturing and assembly facilities, temporary on-site 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 listed separately. 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) Invoices shall be prepared, submitted and paid in accordance with the following FAR clauses specified in Section I:

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

(2) 52.232-33, Payment by Electronic Funds Transfer-- System for Award Management (Jul 2013)

(3) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

(d) 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. The “Contractor

Payment Application” form will be provided at the Pre-Construction meeting.

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

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

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

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

(e) 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.

Note: In accordance with FAR 52.232‐40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) ‐‐ Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. This applies to all small business subcontractors at all tier levels.

G.6. PAYMENT FOR MATERIALS STORED ON SITE

(a) This clause supplements, but does not replace, FAR 52.232-5 Payments Under Fixed-Price Construction Contracts, with regard to material payments.

(b) Consideration for payment under this contract for materials stored on site is subject to the following conditions:

(1) The contractor shall furnish the contracting officer a list of the major high-cost items to be incorporated into the contract and for which payment, prior to installation, will be requested. Those items approved by the contracting officer will be entered on the Schedule of Values, as a percentage factor, or factors if items are listed individually.

(2) Payment is limited to major high-cost items. Payment of major high-cost items does not include contractor overhead and profit. Costs such as sales tax, freight, handling, pallets, etc., are excluded.

(3) Payment requests shall be consistent with approved material submittals and shall be supported by the following documents:

(i) Certified paid vendor invoices

(ii) Inventory checklists, jointly validated by the contractor, contracting personnel, and/or construction inspector.

(iii) Accepted delivery tickets, if applicable.

(4) All material for which payment is requested shall be delivered to an approved location on-site, and certified that none will be removed without written permission of the contracting officer. Materials may also be stored in a bonded warehouse offsite if no adequate storage space is available on base.

(5) Payments will be made monthly, or at more frequent intervals as determined by the contracting officer.

(6) The contractor shall remain responsible and retain title to the materials until incorporated into the work.

G.7. CERTIFICATION OF PAYMENTS - RELEASE OF CLAIM

The Contractor, when submitting final payment under this contract, shall submit to the Contracting Officer:

(a) 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 him, to any subcontractors and suppliers in accordance with established contractual arrangements; and

(b) A properly executed Contractor's Release. The Release of Claims form is available from the Contracting Officer. Failure to submit this completed release will result in a delay of final payment.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. TRIBE REQUIREMENTS - HAVASUPAI TRIBE

(a) Contractors are notified that this project will be performed on the Havasupai Reservation, home to the Havasupai Tribe. Contractors are required to contact the Tribal Employment Rights Ordinance (TERO) Office upon receipt of notification of award. Compliance with the tribal employment ordinance is required prior to starting work on any project performed on Tribal Land including payment of associated TERO fees/permits. Utilization of Tribal individuals will be a requirement of hiring goals for a set craft or skill level.

(b) The Contractor is responsible to pay all applicable tribe fees and/or taxes, or applicable requirements that may be incurred as a result of this project and must be included in the firm fixed price offered on the SF1442. Failure to include applicable tribal fees and/or taxes in the firm fixed price shall not constitute grounds for an equitable adjustment after award.

(c) Contractor shall obtain a business license, permits (if required by the tribe) and pay the required fees to the appropriate office of Havasupai Tribe. The general contractor and each subcontractor are required to obtain the business license on each project prior to starting work.

(d) Contacts:

Havasupai Tribe P. O. Box 10 Supai, Arizona 86435 Email: info@havasupai-nsn.gov

H.2. RESERVATION REGULATIONS

(a) The Contractor, its employees and subcontractors shall become familiar with and obey the regulations of the applicable Indian Reservation including fire, traffic, safety and security regulations while on the Reservation or installation. Those individuals driving motor vehicles shall observe and obey all speed limits posted throughout the reservation. Personnel should not enter restricted areas unless required to do so and only upon prior approval. All contractor employees and mailto:info@havasupai-nsn.gov subcontractors shall carry proper personal identification with them at all times.

(b) Contractor equipment shall be conspicuously marked for identification and parked or placed within approved areas only, out of the way of driveways, emergency access roads, and traffic.

H.3. APPLICABLE WAGE RATES

The applicable Tribal Employment Rights Office (TERO) or the Tribal Office of Labor Relations may require contractors performing work on Tribal land to use TERO or Tribal Office of Labor Relations wage rates for employees working on such projects. However, the Davis Bacon Act applies to all federal contracts and Davis Bacon Act wage rates take precedence to Tribal wage rates under this contract. If the TERO or Tribal Office of Labor Relations insists the Contractor use their wage rates, the Contractor should contact the Contracting Officer for assistance.

Applicable Davis Bacon Wage Decision for this contract is for Coconino County in Arizona:

Attachment J11 - Wage Determination: General Decision Number AZ20190030 (Mod 4), 7/26/2019, AZ30 Building

H.4. WORK HOURS

Scheduling of work shall be in close cooperation with the Supai Tribe and COR. Proposed work hours are 7:00 AM – 5:00 PM, Monday through Friday (excluding Federal holidays). All work shall be performed during these proposed hours to minimize impacts to residents of Supai Village. Requests to work outside these proposed hours shall be submitted in writing to the COR not less than 48 hours in advance of the proposed after hours work.

Note: Four (4) day work weeks will be considered upon written request and must be clearly identified in the project schedule.

H.5. FEDERAL HOLIDAYS

(a) The Government only recognizes the following legal holidays established by federal statue:

New Year's Day January 1 Birthday of Martin Luther King, Jr. Third Monday in January Washington’s Birthday Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

(b) Any of the legal holidays falling on Saturday will be observed on the preceding Friday; legal holidays falling on Sunday will be observed on the following Monday.

(c) The contractor should not perform work on observed legal holidays unless authorized by the Contracting Officer. In the event work is authorized on observed legal holidays, the contractor shall pay all applicable overtime and/or holiday pay rates required by law.

H.6. 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.

(e) Within 14 days after award of the contract, the Contractor shall deliver to the Contracting Officer a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each subcontract for construction within the United States, including the subcontractor’s signed and dated acknowledgment that the clauses set forth in paragraph (b) of this clause have been included in the subcontract.

(f) Within 14 days after the award of any subsequently awarded subcontract the Contractor shall deliver to the Contracting Officer an updated completed SF 1413 for such additional subcontract.

H.7. 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 http://www.sam.gov/.

(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 fourteen (14) 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.

http://www.sam.gov/

H.8. INSURANCE

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

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

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

(c) Automobile Liability: Automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H.9. KEY PERSONNEL

(a) Certain experienced professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. Such personnel are defined as "Key Personnel" and are those persons whose resumes were submitted for evaluation of the proposal. Pursuant to HHSAR Clause, 352.237-75, Key Personnel, the contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with the following:

(1) If one or more of the key personnel, for any reason, becomes or is expected to become unavailable for work under this contract for a continuous period exceeding 30 calendar days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall, subject to the concurrence of the Contracting Officer promptly replace personnel with personnel of equal or greater ability and qualifications.

(2) All requests for approval of substitutions hereunder must be in writing at least 30 calendar days prior to the substitution, circumstances permitting, and provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request must contain a resume for the proposed substitute with equal to or greater qualifications, and any other information requested by the Contracting Officer. The Contracting Officer shall promptly notify the contractor of approval or disapproval in writing and the contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

(b) The following positions are identified as Key Personnel: (1) Project Manager, (2) Superintendent and the (3) Safety Officer.

H.10. PROJECT MANAGEMENT

(a) Contractor shall meet with the COR prior to beginning on-site work to discuss general security and operations requirements.

(b) Construction activities shall be coordinated with COR to ensure that there are no detrimental impacts on the day to day operations of the existing facilities.

H.11. SUPERINTENDENT ON SITE

(a) Reference FAR 52.236-6 Superintendence by the Contractor. The contractor will ensure that the Project Superintendent is on site at all times work is being performed by the contractor or subcontractor(s). They shall directly oversee all apprentice and subcontractor work. The Project Superintendent is also responsible to ensure all labor and safety requirements are complied with;

and ensure that the worksite is cleaned up at the end of each work day.

(b) All communications between the IHS and contractor concerning the day-to-day workmanship on the project will be handled through the Project Superintendent and they MUST have the authority to act on behalf of the Contractor in all contractual matters.

H.12. IDENTIFICATION OF CONTRACTOR EMPLOYEES

(a) Identification (ID) Badges. All personnel will be required to sign-in with the Havasupai Tribe and wear a Contractor Identification Badge at all times. Issuance of Contractor ID badges will be covered at the pre-construction meeting.

(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) 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.

H.13 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.

H.14. 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.

H.15. PROJECT SCHEDULE

(a) The Contractor shall develop a detailed schedule in Microsoft Project or approved equal. The first draft of the schedule must be presented prior to the pre-construction meeting. A completed schedule must be submitted within 5 calendar days after work commences, or agreed to date determined during the pre-construction meeting. Refer to FAR 52.236-15, Schedules for Construction Contracts. This schedule shall include key milestones of the project, including start and finish dates, visual assessments, laboratory testing, remediation and demolition, as well as proposed closeout durations.

(b) This project has two distinct phases (see C.2.). To insure smooth transition between each phase, the Contractor’s project schedule shall include phasing dates which the Contractor intends to accomplish work for phase thereof. In addition, Contractor shall notify the COR four weeks in advance of the proposed date of starting work for the second phase. This will allow Quarters residents sufficient time to move.

(c) All work shall be completed within 494 calendar days following the Notice to Proceed issued by the CO. The 494 days includes time for the submittal review period, long lead orders, demolition, construction, equipment setup, furniture installation, commissioning, final inspection, and the transition period between Phases to allow occupancy of Quarters. Each phase has an estimated/anticipated duration, however, the Contractor will have the option to finish phases before or later then the anticipated times as long as the project is completed within 494 calendar days.

(d) The Contractor shall submit this schedule for review and approval prior to work proceeding.

Contractor shall actively maintain and update the schedule as…