B01 75H70121P00048.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

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

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

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

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

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

is, is not required.

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

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

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

75H70121Q00048

Indian Health Service - DES Dallas 1301 Young Street, Suite 106-840 Dallas, TX 75202

Indian Health Service - Portland Area Office is issuing Request for Quote (RFQ) 75H70121Q00048

Project Title: Septic for 2 Port Gamble Homes (Project# PO-20-C67D)

Location: 30178 Hansville Road & 30164 Hansville Road, Kingston WA 98346-7603 (Kitsap County, WA)

This RFQ is being solicited as 100% Small Business Set Aside under NAICS 237110, Water and Sewer Line Related Structures Construction; $39.5M Size Standard.

Magnitude of Construction is: $25,000 to $100,000

U.S. Department of Labor Wage Determination: WA20210071, dated 02/26/2021 is applicable to this solicitation.

Quotes Due Date: October 15, 2021 no later than 2:00 PM Central Time.

Site Visit: An organized site visit is planned; see FAR 52.236-27, Site Visit Construction (Alt I). Attendance is at Contractor's discretion.

TERO is NOT applicable for this requirement.

See Block 7

Robert S. Miller (214) 767-8589 | (325) 518-052 or Robert.Miller2@ihs.gov

PO-20-C67D

1 3609/15/2021

10/15/2021

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

Septic for 2 Port Gamble Homes

Solicitation: 75H70121Q00048

SECTION B. PRICE SCHEDULE

B.1. PRICE SCHEDULE

CLIN DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE

0001 Mobilization & Demobilization 1 LS $___________ $___________

0002 Solid Sewer Pipe (4" SDR 35) 20 LF

0003 Underground Cleanout (Doublesweep) 2 EA

1,000 Gallon Trash Tank (2 for Each

Home)

4 EA

2,000 Gallon Pump Tank (1 for Each

Home) and appurtenances

2 EA

0006 Sewer Force Main (2" PVC Schedule 40) 540 LF

0007 Sand Bed Pressurized Chamber Drainfield 804 LF

TOTAL FIRM FIXED PRICE $___________

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

**Note: Price schedule included under Section J, Attachment J04, Contractor’s Bid Schedule**.

SCHEDULE NOTES

B.2. Disclosure of the Magnitude: In accordance with FAR 36.204, this project is estimated to be between $25,000.00 and

$100,000.00.

B.3. 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, and perform all work required to complete the project in accordance with the drawings, specifications, and provisions of the contract. All other work and materials will be considered as incidental to and included in the payment for items shown.

B.4. Estimated Quantities: Estimated quantities are provided in the price schedule for evaluation purposes only. The

Government is not obligated to order the estimated amounts specified in the schedule. The estimates provided do not establish any minimum purchase limit for which the Government is obligated. The contractor shall not furnish quantities in excess of the specified amount without prior written consent from the Contracting Officer.

B.5. Wage Determination: Davis-Bacon wages shall be paid for all applicable labor categories for each price schedule line item and should be included in all pricing in accordance with FAR 52.222-6, Construction Wage Rate Requirements. The applicable Wage Determination is included in Section J, Attachment J06.

B.6. Period of Performance

The contractor shall proceed and complete the work, including cleanup within 45 days after issuance of the Notice to

Proceed (NTP). The award is not the NTP for this contract work. Contract completion can be adjusted for any long lead items if requested in writing to the Contracting Officer. The contractor must not commence work until it has been issued a

NTP. The award is not the NTP for this contract work. Prior to issuance of a NTP, the contractor must submit for approval performance and payment bonds, a project schedule showing the date when on-site work will begin, 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 Government’s consent.

B.7. Contract Specific Terms & Conditions

B.7.1. Bid Bond: A Bid Guarantee IS NOT required.

B.7.2. Payment and Performance Bonds ARE NOT required in accordance with FAR 28.102-2.

Solicitation: 75H70121Q00048

B.7.3. FAR Clause 52.228-13, Alternative Payment Protections IS applicable.

B.7.4. Questions regarding the solicitation and project must be submitted in writing to Robert S. Miller, Contract

Specialist, via e-mail at Robert.Miller2@ihs.gov. Questions will be accepted up to 10 days before quote due date. The

Government is not obligated to answer any questions submitted after this date.

B.7.5. 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.

B.7.6. Quote Due Date: Quotes are to be submitted via e-mail to the assigned Contract Specialist/Contracting Officer by the date and time indicated in Block 13 of the SF1442.

B.7.7. Quote 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.

B.8. Other 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.

B.8.1. 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.

B.9. TERO is not applicable.

END OF SECTION

mailto:Robert.Miller2@ihs.go

SECTION C. STATEMENT OF WORK

Solicitation No: 75H70121Q00048

Project Name: Port Gamble S’Klallam Hansville Road New Shared On-Site Septic System

Project Location: 30178 Hansville Road & 30164 Hansville Road

Kingston, WA 98346-7603

Kitsap County

Project No: PO-20-C67

Homeowner Contact: Port Gamble S’Klallam Tribe

Email: rorym@pgst.nsn.us

A. Project Description

This project is for the construction of a new septic system with shared drainfield on fee land in Kitsap County, WA

(See Attachment 1). These two homes are both 6 bedroom, 3 bath. The purpose of these homes, is to serve Port

Gamble Tribal Members and their immediate families.

The proposed septic system is to consist of two 1,000 gallon single compartment septic tanks, two 1,000 gallon trash tanks, two 2,000 gallon pump tanks, approximately 20 linear feet of 4” solid sewer pipe, approximately 540 linear feet of Schedule 40 2” PVC transport pipe, and 804 linear feet of sand bed chamber drainfield. All excavation and backfill to be included in costs. The septic design has already been provided by Dave’s Septic

Services Inc., a Kitsap Licensed Designer. Contractor is responsible for utility locates and necessary construction permits.

B. Ownership

This project will provide sanitation facilities members of the Port Gamble S’Klallam Tribe and their immediate families. Upon completion, the facilities will be transferred to the Port Gamble S’Klallam Tribe. The system will be operated by the Tribe.

C. TERO & Other Fees

TERO fees do not apply.

D. Scope of Work

Work is to be completed to a private home, under the jurisdiction of Kitsap 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. The design is detailed in the Site Plan Attachment 2 titled

“Septic Design Hansville Road”.

In accordance with the Design, the contractor must:

D.1 Work Requirements:

mailto:rorym@pgst.nsn.us

Solicitation: 75H70121Q00048

i. Mobilization and demobilization

ii. Installation of approximately 20 linear feet of solid sewer pipe

iii. Installation of two underground double-sweep cleanout

iv. Installation of two 1,000 gallon septic tanks

v. Installation of two 1,000 gallon trash tanks

vi. Installation of two 2,000 gallon pump tanks and appurtenances

vii. Installation of approximately 540 linear feet of Schedule 40 2” PVC transport pipe

viii. Installation of approximately 804 linear feet of sand bed chamber drainfield

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.

i. Washington Administrative Code (WAC Chapter 246-272A, On-site Sewage Systems, Rules and Regulations of the State Board of Health) and appropriate Recommended Standards and

Guidance (RS&G’s).

ii. Septic Design (See Attachment 2)

iii. WAC 296-46B Electrical Safety Standards, Administration and Installation

iv. Uniform Plumbing Code as adopted by Washington State, WAC 51-56-003

v. Indian Health Service Technical Provisions (see Technical Specifications Attachment 3)

vi. Kitsap County Code, as applicable

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 days prior to construction)

1. Equipment or material variations from those specified in the Design

(Attachment 2)

ii. Post Construction (submit with payment invoice)

1. Product Warranties: include the following information on the warranty:

a. Name and address of the dealer

b. Date of installation

c. Model and serial number

2. Swing-tie measurements for the tank riser cover centers and drainfield distal ends in accordance with Washington Administrative Code (WAC 246-272A-

0265 - Record drawings)

E.3 Material Specifications

ii. The contractor must install materials as specified on the Design.

iii. Materials specified may be substituted with equals with written approval from the

COR in accordance with submittal procedure E.2 i. 1. above.

E.4 Work Execution Requirements

i. The contractor is responsible for determining the exact location of all utilities.

The contractor is responsible for protecting utilities from damage during construction.

ii. The contractor shall not install the system when soil is wet enough to risk smearing; the COR shall direct the contractor when soil conditions are adequate for installation without risk of smearing.

iii. All debris generated during construction must be removed from site.

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

v. The contractor must not damage or disturb soils when clearing drainfield.

vi. The contractor must notify and obtain approval from the COR before deviating from the design.

vii. The contractor must obtain approval from the Contracting Officer prior to installing material quantities in excess of those specified on the bid schedule.

viii. 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.

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

x. The contractor must contact the OSS Designer before final inspection and backfill as specified on the Design.

COR:

**TBD AT TIME OF AWARD**

Project Completion Time:

The period of performance (POP) is 45 calendar days from issuance of the notice to proceed (NTP)

END OF SECTION

Solicitation: 75H70121Q00048

SECTION D. PACKAGING AND MARKING

All shipments of materials, equipment and/or supplies to the project site must be addressed to the contractor and not the Indian Health Service. Preservation, packaging and packing must 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 must be new and, where appropriate, must arrive on-site sealed in original manufacturer’s containers. The Government reserves the right to refuse any items it determines to not meet these requirements.

Solicitation: 75H70121Q00048

SECTION E. INSPECTION AND ACCEPTANCE

The following clauses are incorporated by reference (see FAR 52.252-2):

FEDERAL ACQUISITION REGULATION (FAR)

END OF SECTION

FAR

CLAUSE

NUMBER

TITLE DATE

52.246-12 INSPECTION OF CONSTRUCTION

(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.

AUG 1996

Solicitation: 75H70121Q00048

SECTION F. DELIVERIES OF PERFORMANCE

FEDERAL ACQUISITION REGULATION (FAR)

FAR

CLAUSE

NUMBER

TITLE DATE

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

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 45 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.

APR 1984

52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998

F.1. SUPERINTENDENT ON SITE

The contractor shall 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.

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.

F.2. 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.

Solicitation: 75H70121Q00048

SECTION G. CONTRACT ADMINISTRATION DATA

G.1. 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.

G.2. CONTRACTING OFFICER’S REPRESENTATIVE

(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 at contract award

(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.

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.

G.3. 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:

Solicitation: 75H70121Q00048

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

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

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

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

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

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

G.4. CERTIFICATION OF PAYMENTS – RELEASE OF CLAIMS (ROC)

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.

G.5. INVOICE REQUIREMENTS

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

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

(2) FAR 52.232-27, Prompt Payment for Construction Contracts (Jan 2017)

(3) FAR 52.232-33, Payment by Electronic Funds Transfer-- System for Award Management (Oct 2018)

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

(b) The Designated Billing Office for this contract is the same as the address for correspondence, sent to the attention of the Contracting Officer. Invoices for payment shall be sent via e-mail to the COR and CO for processing and approval.

(c) Progress payments will be authorized for this project.

(d) The final invoice must be marked “Final” and be accompanied by a Release of Claims form, which states the final payment as outstanding, in the Remarks field. The Release of Claims form is available from the CO. Final payment will be made within 30 Calendar days upon receipt of a properly executed invoice.

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

Note: In accordance with FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec

2013)—Upon receipt of accelerated payments from the Government, the contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. This applies to all small business subcontractors at all tier levels.

Solicitation: 75H70121Q00048

G.6. ADDRESS FOR CORRESPONDENCE

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

Correspondence must be sent via email directly to the Contracting Specialist (Robert.Miller2@ihs.gov / Phone #

214-767-8589 | (325) 518-0521) and the COR (Faith.Malay@ihs.gov / Phone # 360-792-6464).

G.7. 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 will 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.

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

G.8. TEST RESULTS

The contractor must submit all results of test(s) required by the contract to the COR/Project Manager for review.

G.9. PERMITS AND CERTIFICATES

The contractor must submit a copy of all permits and certificates as required by the contract to the COR/Project

Manager.

mailto:Robert.Miller2@ihs.gov mailto:Faith.Malay@ihs.gov

Solicitation: 75H70121Q00048

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H.1. SUBCONTRACTS

(a) Nothing contained in the contract shall be construed as creating any contractual relationship between any subcontractor and the Government. The divisions or sections of the specifications are not intended to control the contractor in dividing the work among subcontractors, or to limit the work performed by any trade.

(b) The contractor shall be responsible to the Government for acts and omissions of his own employees, and of subcontractors and their employees. He shall also be responsible for the coordination of the work of the trades, subcontractors, and suppliers.

(c) The Government will not undertake to settle any differences between or among the contractor and his subcontractors or suppliers.

(d) The contractor shall, without additional expense to the Government employ specialty subcontractors where required by the specifications. “Specialty Subcontractors,” when specified as a requirement, means a subcontractor regularly engaged in the manufacture or installation of the contract items. The specialty subcontractor shall select and combine the materials involved, maintain and have available for the purpose, workmen skilled in the specified work. The specialty subcontractor shall be the manufacturer, be licensed by the manufacturer as an installer, or work under direct supervision of the manufacturer.

H.2. SUBCONTRACTING

(a) In connection with the performance of work under this contract, the contractor shall not subcontract with any subcontractor who, at the time of subcontract award, is listed as an excluded party within the System for Award

Management (SAM) unless otherwise authorized by the Government in accordance with Subpart 9.4 of the Federal

Acquisition Regulations.

(b) The List of Parties Excluded from Procurement and Non-Procurement Programs is available at:

https://www.sam.gov/SAM/

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

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

H.3. 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.

https://www.sam.gov/SAM/

Solicitation: 75H70121Q00048

H.4. 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.

H.5. MATERIALS ON SITE

Unless otherwise provided in the specifications or drawings, materials removed and not reused under the contract shall become the property of the contractor. The contractor shall remove the materials from the work site. Storage or sale of the materials on the site will not be permitted.

H.6. OPERATION AND STORAGE AREAS

Reference FAR 52.236-10 Operations and Storage Areas. The contractor shall coordinate its operations and storage with the COR.

H.7. ACCIDENT PREVENTION

Reference FAR 52.236-13 Accident Prevention. The contractor shall submit for approval a written Safety and

Accident Prevention Plan showing how they will comply with FAR 52-236-13. The contractor shall also designate in writing the individual who is responsible for identifying and correcting safety hazards or violations on the job site.

H.8. AVAILABILITY OF UTILITY SERVICES

Reference FAR 52.236-14 Availability and Use of Utility Services. The Government anticipates that the proposed work will place a small demand on available utility services and therefore will not charge the contractor for their use.

H.9. PRECONSTRUCTION CONFERENCE

Reference FAR 52.236-26 Preconstruction Conference. The Contracting Officer will conduct a preconstruction conference. Location is TBD until award, but will most likely be at the site. The Contracting Officer, COR, and contractor are required to participate. The Contracting Officer may designate required attendance for subcontractors.

The Contracting Officer and COR may attend the conference via conference or video call.

H.10. TRUCKING

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

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

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

H.11. SALVAGE

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

H.12. NEW WORK

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

H.13. 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.

Solicitation: 75H70121Q00048

(b) Discolored or unfinished surfaces exposed by removal of existing work and indicated to be the final exposed surfaces shall be refinished or the material shall be replaced to be uniform and harmonious with contiguous work.

Work out of alignment, where exposed by removal of existing work, shall be called to the Contracting Officer’s attention. Corrective work, directed by the Contracting Officer will be subject to adjustment of the contract in accordance with FAR 52.236 2, “Differing Site Conditions.”

H.14. WARRANTY OF CONSTRUCTION

Reference FAR 52.246-21 Warranty of Construction. All warranties the contractor receives from subcontractors, manufacturers and suppliers shall be executed in writing for the benefit of the Government. The contractor shall provide the COR with copies of all warranties obtained.

H.15. AS BUILT DRAWINGS

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

Contracting Officer, in a condition satisfactory to him. As built shall be submitted for review/approval as a condition precedent to the request for final inspection of the work.

H.16. EQUITABLE ADJUSTMENTS DUE TO CHANGES

(a) The contractor shall submit a proposal for all changes in the work within 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 30 days.

(e) Should a proposal cost exceed the certified cost or pricing data threshold 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

Solicitation: 75H70121Q00048 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:

Overhead Profit

To subcontractors and/or to the contractor for work performed with its own forces 10% 1% - 10%

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

5% 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.

(g) Time Extension: 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 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 60 day intervals thereafter, explaining why the Contractor cannot yet know the extent of the impact. If this is not done, a claim for delay will not be considered unless special circumstances are shown. This requirement is necessary to enable the Government to respond to any claims for delay in light of conditions then current.

H.17. 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:

1. 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.

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

3. 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.18. ORDER OF PRECEDENCE – REQUIREMENTS, SPECIFICATIONS, DRAWINGS

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

(a) The Schedule (Section B)

(b) Construction Clauses

(c) Statement of Work (Section C)

(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.)

H.19. EMPLOYEE APPEARANCE

The contractor must 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 must be identified by a distinctive nameplate, emblem, or patch attached in a prominent place on an outer garment.

H.20. REMOVAL OF EMPLOYEES/SUBCONTRACTORS

All work under this contract must be performed in a skillful and workmanlike manner. The Contracting Officer may require in writing that the contractor immediately remove from the work site any employee of the contractor, and employee of the subcontractor, or the subcontractor, 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.

H.21. CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE

(a) 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.