75H70122R00045-A00006.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

A00006

TOBY HAYDEN

75H70122R00045 Shitike Creek Water Main Crossing

The purpose of Amendment A00006 is to revise several sections of the RFP and extend the proposal due date. See continuation page for details.

Indian Health Service - DES Seattle 701 5th Avenue, Suite 1600 Seattle, WA 98104

75H70122R00045

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07/18/2022

05/20/2022

7/18/2022

SF 30 Continuation Page

75H70122R00045-A00006 Page 2 of 2

Amendment A00006 – SF 30, Block 14 (Cont’d)

The purpose of this amendment is as follows:

1. Section B Price Schedule is revised to include CLIN 0002 Schedule B as an option item.

2. Section I is revised to add FAR 52.217-7 Option for Increased Quantity – Separately Price Line Item (Mar 1989).

3. Section J is revised to include the following attachments:

J04 U.S. Department of Labor Wage Determination: OR20220069 dated July 8, 2022

J09 Section B Price Schedule (Offeror fill-in) (REVISED as of A00006)

4. Section M is revised to add FAR 52.217-5 Evaluation of Options (Jul 1990).

5. The proposal due date is extended to Friday, July 22, 2022 at 2:00 PM PT.

6. All other terms and conditions remain unchanged.

Offerors are reminded to acknowledge all amendments on the SF1442 when submitting a proposal in accordance with the RFP requirements. A conformed copy of the RFP is included below.

75H70122R00045 Shitike Creek Water Main Crossing 1

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

SEATTLE

Solicitation Number: 75H70122R00045

Shitike Creek Water Main Crossing

Indian Health Service (IHS)

Office of Environmental Health and Engineering (OEHE)

SITE VISIT: Wednesday, June 7, 2022 at 10:00AM PT (See FAR 52.236-27, Alt I)

PROPOSAL DUE DATE: Friday, July 22, 2022 at 2:00PM PT

PROJECT TABLE OF CONTENTS:

Section Taxonomy

Section A Standard Form 1442, Solicitation, Offer, and Award

Section B Schedule of Items / Price Schedule

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

(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.

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

75H70122R00045

Indian Health Service - DES Seattle 701 5th Avenue, Suite 1600 Seattle, WA 98104

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

Indian Health Service - Request for Proposal (RFP) No. 75H70122R00045

Project Title: Shitike Creek Water Main Crossing

Location: Intersection of Wolford Canyon Road & Hollywood Boulevard; Warm Springs, OR 97761; Jefferson County

This RFP is being solicited as 100% Small Business Set-Aside with preference given to IEE firms under NAICS 237110, Water and Sewer Line Related Structures Construction; $39.5M Size Standard.

Magnitude of Construction is $1,000,000 to $5,000,000.

Proposal Due Date: Friday, July 22, 2022 no later than 2:00pm PT; unless changed by amendment.

Site Visit: Wednesday, June 7, 2022 at 10:00am PT; See FAR 52.236-27, Alt I for details.

See Item 7

Toby Hayden 503-414-5524 or toby.hayden@ihs.gov

PO-20-M97

1 4305/20/2022 local time 07/22/2022

2:00pm

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

B.10

75H70122R00045 Shitike Creek Water Main Crossing 4

SECTION B. PRICE SCHEDULE

B.1. PRICE SCHEDULE (Offeror fill-in Attachment J09 Section B Price Schedule)

CLIN DESCRIPTION QTY UNIT TOTAL COST

The contractor shall complete the Shitike Creek Water

Main Crossing, Water Transmission Main and Valving

(Schedule A) in accordance with Section C.

1 JOB $

OPTION ITEM: The contractor shall complete the Shitike

Creek Water Main Crossing, Bridge Water Main

Crossing (Schedule B) in accordance with Section C.

1 JOB $

The contractor shall relocate the existing fiber optic cable by utilizing the cable owner. The Total Cost specified is the Not-to-Exceed (NTE) amount for this effort.

1 JOB $ 104,951.68

TOTAL FIRM FIXED PRICE $

SCHEDULE NOTES

B.2. Definitions: For purposes of this solicitation, the terms Offer, Offeror, or Offerors are synonymous with the terms Bid, Bidder, or

Bidders.

B.3. Disclosure of the Magnitude: In accordance with FAR 36.204, the estimated price of this project is between $1,000,000 and

$5,000,000.

B.4. Incidental Payment Items: The intent of this effort is to provide for the complete work of the project described in Section C.

Unless specifically directed otherwise, 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.

Payment for contract work will be made for and under those pay items included in the Price Schedule (which is the sum total Firm-

Fixed Price (FFP) of the contract). All other work and materials will be considered as incidental to and included in the payment for items shown.

B.5. Taxes & Fees: Offerors are responsible for allowing for all applicable state, local and tribal (where applicable) taxes and fees within their proposals 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.6. TERO: All work is subject to the provisions of the Tribal Employment Rights Ordinance (TERO) of the Confederated Tribes of

Warm Springs. It is the offerors sole responsibility to include any applicable TERO fees in the proposed contract price; see paragraph

B.5 and H.27. TERO Office Contact: 541-615-0853; https://warmsprings-nsn.gov/program/tribal-employment-rights-office/

B.7. Pricing Data Submission: In accordance with FAR 15.403-3(a)(ii), Requiring Data Other Than Certified Cost or Pricing Data, the Contracting Officer may request, and offerors must be prepared to submit, pricing data to show a further breakdown of costs for the above CLIN(s). This may be requested so that the determination of a fair and reasonable price can be made by the Contracting

Officer. For example, the price breakdown must have the direct labor cost and the direct material cost broken out.

B.8. Wage Determination: Construction 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 J04.

B.9. Period of Performance

The contractor shall proceed and complete the work, including cleanup within 240 days after issuance of the Notice to Proceed (NTP).

See Section F for details.

B.10. SF1442, Block 24: The clause HHSAR 352.232-71, Electronic Submission of Payment Requests (Mar 2022) has been added by reference in Section I. Until otherwise directed, invoices for payment shall be submitted to both Contracting Officer’s

Representative (COR) and Contracting Officer by email.

B.11. Solicitation/Contract Specific Terms & Conditions

B.11.1. Bid Bond: A Bid Guarantee IS required. (See FAR 52.228-1 Bid Guarantee).

https://warmsprings-nsn.gov/program/tribal-employment-rights-office/

75H70122R00045 Shitike Creek Water Main Crossing 5

B.11.2. Payment and Performance Bonds ARE required in accordance with FAR 28.102-2.

B.11.3. Questions regarding the solicitation and project must be submitted in writing to Toby Hayden, Contract Specialist, via e-mail at toby.hayden@ihs.gov. Questions will be accepted up to 10 days before proposal due date. The Government is not obligated to answer any questions submitted after this date. 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.11.4. Due Date: Proposals must submitted via e-mail to the assigned Contract Specialist/Contracting Officer by the date and time indicated in Block 13 of the SF1442.

B.11.5. 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.12. 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.

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

75H70122R00045 Shitike Creek Water Main Crossing 6

SECTION C. STATEMENT OF WORK

The contractor shall perform all work in accordance with the Technical Specifications (Section J, Attachment J01), Plans (Section J, Attachment J02 and J02a), and terms and conditions of this contract.

75H70122R00045 Shitike Creek Water Main Crossing 7

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.

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.

75H70122R00045 Shitike Creek Water Main Crossing 8

SECTION E. INSPECTION AND ACCEPTANCE

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

FEDERAL ACQUISITION REGULATION (FAR)

CLAUSE

NUMBER

TITLE DATE

52.246-12 Inspection of Construction AUG 1996

E.1. INSPECTIONS

All work under this contract is subject to inspection and final acceptance by the Contracting Officer or the duly authorized representative of the government.

The Government’s Contracting Officer’s Representative (COR) is a duly authorized representative of the government and is responsible for inspection and acceptance of all items to be delivered under this order.

75H70122R00045 Shitike Creek Water Main Crossing 9

SECTION F. DELIVERIES OF PERFORMANCE

CLAUSE

NUMBER

TITLE DATE

52.242-14 Suspension of Work Apr 1984

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

The Contractor shall be required to

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

(b) prosecute the work diligently, and

(c) complete the entire work within 240 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.

(End of Clause)

F.1. NOTICE TO PROCEED (NTP)

(a) The contractor shall proceed and complete the work, including cleanup within 240 days after issuance of the NTP. The award is not the NTP for this contract work. Contract completion may be adjusted if requested in writing to the Contracting Officer. The

Contracting Officer has the right to request additional information to justify an extension.

(b) The contractor must not commence work until it has been issued a NTP. 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, a schedule of values, SF1413 for each subcontractor, and all required insurance and bonding. No work will be performed on Saturdays, Sundays, federal holidays, or Tribal holidays without prior approval from the Contracting Officer.

75H70122R00045 Shitike Creek Water Main Crossing 10

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. 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) A Contracting Officer's Representative (COR) may be appointed for the purpose of representing the Contracting Officer and assuring compliance with the contract requirements. 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 appointed in writing and the contractor will receive a copy of the appointment letter.

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.

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).

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:

(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.

75H70122R00045 Shitike Creek Water Main Crossing 11

(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 (Nov 2021)

(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 (Nov 2021) ‐‐ 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.

75H70122R00045 Shitike Creek Water Main Crossing 12

(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. ADDRESS FOR CORRESPONDENCE

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

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

Indian Health Service – Division of Engineering Services

Attn: Andrew Hart

701 5th Avenue, Suite 1600

Seattle, WA 98104

75H70122R00045 Shitike Creek Water Main Crossing 13

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.

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

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

H.3. PROJECT MANAGEMENT

The contractor shall meet with the COR prior to beginning on-site work to discuss general security and operations requirements.

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.4. SUPERINTENDENT ON SITE

Reference FAR 52.236-6 Superintendence by the Contractor. 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.

H.5. PROJECT SCHEDULE

75H70122R00045 Shitike Creek Water Main Crossing 14

(a) The Contractor shall develop a detailed schedule in Microsoft Project or approved equal. The first draft of the schedule must be presented at 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) The contractor shall actively maintain and update the schedule as required by the COR. The contractor is responsible for ensuring that the schedule is current and that the COR and Contracting Officer have a current copy.

(e) A copy of the most current project schedule shall be submitted with each progress payment/invoice request.

H.6. SCHEDULE OF VALUES (SOV)

Before any payment is made to the Contractor, including progress payments, the Contractor shall prepare and submit a SOV to the

Contracting Officer for review and approval. The SOV shall include values of each principal category of the work, when added together, equal the total contract price. Refer to G.3 Payment Process for information required on the SOV.

H.7. STANDARD REFERENCES

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

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

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

H.8. WORK HOURS, FEDERAL HOLIDAYS AND ACTIVE GOVERNMENT OPERATIONS

(a) Normal work days and hours are Monday through Friday, 7:00 am to 5:00 pm excluding federal holidays for occupied facilities and no set times or days for unoccupied spaces. Work at other times must be approved by the COR. A minimum of 48 hours of advance notice is required for special request to work outside of normal work hours. Note: Four (4) day work weeks will be considered upon written request and must be clearly identified in the project schedule

(b) The Government only recognizes the legal holidays established by federal statue. A list can be found on the OPM website:

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=2021

(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.9. MATERIALS AND EQUIPMENT

(a) The material and equipment to be furnished under these contract documents shall be the standard products of manufacturers regularly engaged in the production of such materials and equipment and shall be the manufacturer's latest standard design.

(b) All materials and equipment to be incorporated in the work shall be handled and stored by the manufacturer, fabricator, supplier and Contractor before, during and after shipment in a manner to prevent warping, twisting, breaking, chipping, rusting and any injury, theft or damage of any kind whatsoever to the materials and equipment. All materials and equipment furnished by Contractor shall be subject to inspection and approval by the CO or COR.

(c) 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.10. OPERATION AND STORAGE AREAS

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

Ground disturbance and site management will be carefully controlled to prevent undue damage to vegetation, soils, and resources and to minimize air, water, soil, and noise pollution. Contractor staging and storage area shall be returned to pre-construction conditions prior to final inspection.

H.11. 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.

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=2021

75H70122R00045 Shitike Creek Water Main Crossing 15

H.12. 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 prime contractor are required to participate. The Contracting Officer may designate required attendance for subcontractors. The Contracting Officer may attend the conference via conference or video call.

H.13. PROGRESS MEETINGS

(a) The Contractor shall schedule and administer monthly construction progress meetings throughout the contract performance period.

Additional meetings may be held as required. The location of progress meetings will normally be on site with the option for participants to call-in; other locations may be approved by CO.

(b) The Contractor shall make arrangements for meetings, prepare agenda, and distribute notice of meetings to participants three (3) business days in advance of each progress meeting. Meeting agenda shall cover topics pertinent to continued progress and successful completion of the contract. The CO, or if not attending, the appointed COR will preside over progress meetings. The Contractor shall record meeting minutes and distribute copies within five (5) calendar days after each meeting to participants, entities affected by meeting decisions, and the CO.

(c) Attendance: Contractor, project superintendent, and subcontractors and suppliers as appropriate to agenda; the CO, COR, and other Government representatives may attend as appropriate.

(d) Suggested topics include:

i. Review previous meeting minutes

ii. Review schedule and progress

iii. Contractor shall be prepared to (1) discuss the work and any causes of work delay(s); (2) present a plan to bring the work back into conformance with the schedule; or, if necessary (3) to propose a revised work schedule.

iv. Review field observations, problems, and decisions

v. Status of submittals / RFIs

vi. Off-site fabrication and delivery schedules, if applicable

vii. Quality control

viii. Progress payments

H.14. CONTRACTOR DAILY REPORT

(a) The Contractor shall prepare and file a "Contractor's Daily Report", for each work day of contract performance for this contract.

(b) The daily reports shall be delivered not later than 12:00PM PST the following day via email for all work completed the previous day to the Contracting Officer and the COR or other designated individuals identified by the Contracting Officer.

(c) Each daily report shall include prime contractor and subcontractor at any tier, personnel on the site, brief description of work performed, equipment on site, tests performed, weather conditions and summary of general activities of the day. Digital photographs can be included in the daily reports if submitted as a separate document.

(d) Reports shall be chronologically numbered, and submitted by the designated representative of the Contractor. If no work was performed on a scheduled work day, a daily report must be submitted indicating this and the reasons.

(e) Failure to submit the daily reports could result in payments being withheld until such time as all daily reports are current. The daily report form may be provided to the contractor at the pre-construction conference and shall be used for this purpose unless an equal format is approved by the Contracting Officer.

H.15. 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.16. 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

75H70122R00045 Shitike Creek Water Main Crossing 16 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.17. 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 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.

75H70122R00045 Shitike Creek Water Main Crossing 17

(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 14 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 30 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.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) Terms & Conditions (Section I)

(c) Special Contract Requirements (Section H)

(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…