B01 RFP 75H70124R00014 Fort Thompson ADA Parking Lot Improvements.pdf

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INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

SEATTLE

Solicitation Number: 75H70124R00014 Fort Thompson ADA Parking Lot Improvements

Fort Thompson, SD

PROPOSAL DUE DATE: SEE SF1442 BLOCK 13.

SITE VISIT: March 20, 2024 @ 10:00 AM CT unless changed by Amendment

PROJECT TABLE OF CONTENTS:

Section 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

Proposals must set forth full, accurate, and complete information as required by this request for proposal (including attachments). The penalty for making false statements in proposals is prescribed in 18 U.S.C. 1001.

(See ).

SOLICITATION, OFFER,

AND AWARD

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

9. FOR

INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

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. 12/2022)

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)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

75H70124R00014

TBD

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

Project: Fort Thompson ADA Parking Lot Improvements

Location: Fort Thompson, SD

This RFP is being solicited as 100% Small Business Set Aside under NAICS 237310, Highway, Street, and Bridge Construction. Size standard $45M. See Section M.

Magnitude of Construction IAW FAR 36.204 is between $500,000 - $1,000,000.

U.S. Department of Labor Wage Determination: See Attachment J01.

Site Visit: See Section L.8. FAR 52.236-27, Site Visit Construction.

TERO is applicable. See Section H, Para H.1.(d) for TERO Contact Information.

See Item 7

TBD

Jong Kim (206) 615-2049 / jong.kim@ihs.gov

GP21CC108C4

1 6603/07/2024

4/11/2024

1:00pm PT

FAR 52.211-10

AWARD (To be completed by Government)

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

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. 12/2022) 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 THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

B.5.

IHS - Great Plains Area Office 115 4th Avenue SE, Room 309 Aberdeen, SD 57401

ANDREW HART, Contracting Officer

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. CONSIDERATION

Contractor shall provide a firm-fixed-price for all labor, personnel, equipment, materials, tools, permits, insurance, supervision, transportation, and associated necessary and incidentals in order to perform Fort Thompson ADA Parking Lot Improvements project in accordance with the attached specifications, drawings and other attachments.

B.2. PRICE SCHEDULE

CLINs Item/Task Description Qty Unit Unit Price Lump Sum Price

0001 Fort Thompson - Lot 1 1 LS $_______________ $_______________

0002 Fort Thompson - Lot 2 1 LS $_______________ $_______________

0003 Fort Thompson - Lot 3 1 LS $_______________ $_______________

Total Amount $_______________

NOTES:

As a reminder, all offerors are responsible for allowing for all applicable state, local and tribal taxes and fees within their bids and to perform their own due diligence in ascertaining them. The Contractor is responsible to pay all applicable 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.3. Definitions: For purposes of this solicitation, the terms Offer, Offeror, or Offerors are synonymous with the terms Bid, Bidder, or Bidders.

B.4. Incidental Payment Items: The intent of the contract is to provide for the complete work of the project described in the contract. Unless otherwise provided, the contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies, taxes and fees required to complete the project in accordance with the attached drawings, specifications, and provisions of the contract. Payment for contract work will be made for and under those pay items included in the Schedule of Items (which is one lump sum price for the contract). All other work and materials will be considered as incidental to and included in the payment for items shown.

B.5. SF1442, Block 24: Submit invoices in accordance with Section I, HHSAR 352.232-71, Electronic Submission of Payment Requests (Mar 2022) and Section G, G.4 through G.6.

B.6. Disclosure of the Magnitude: In accordance with FAR 36.204, this project is estimated to be between $500,000 and $1,000,000.

B.7. Pricing Data Submission: In accordance with FAR 15.403-3(a)(ii), Requiring Data Other Than Certified Cost or Pricing Data, it may be requested that pricing data be submitted to show the 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 shall 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 shall be included in all pricing in accordance with FAR 52.222-6, Construction Wage Rate Requirements. The applicable Wage Determination(s) is included in Section J, Attachment J01.

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

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

STATEMENT OF WORK

Parking Lot Improvements Fort Thompson Health Center

Fort Thompson, SD

1. Project Description A. Title: Parking Lot Improvements

B. Location: This project is at the Fort Thompson Health Center, in Fort Thompson, SD.

C. Period of Performance: 365 calendar days from Notice to Proceed.

D. Description: The project will remove the existing worn out concrete pavement in the patient and employee parking area (Lot 1). The work would require disposal of the old material by the contractor at an approved waste facility. New 6” reinforced concrete would be placed upon new base course. In addition new curb & gutter with sidewalk as needed to be placed to ensure proper drainage. The work to be accomplished by this project include additional ADA compliant parking spaces; currently there are four handicap spaces in the patient parking area, and two in the employee parking area. The project will also provide for additional parking and upgraded pavement in the mental health and wellness center parking area (Lot 2). New 6” reinforced concrete would be placed upon new base course. In addition new curb & gutter with sidewalk as needed would be placed to ensure proper drainage. The project will also provide for additional parking and upgraded pavement in the gravel lot located north and east of the health center (Lot 3). New 6” reinforced concrete would be placed upon existing base course placed to ensure proper drainage. Contractor shall install products following all manufacturer’s specifications.

E. Background: The work to be accomplished by this project will meet the standards for ADA compliant parking with proper slopes and detectable warnings. Replace worn pavement at the health center, behavioral health building, and wellness center. Provide for additional parking with the recently added programs including substance abuse, behavioral health, and the wellness center.

F. Related Documents

1. This SOW and any other standard government or IHS documents are included and considered a part of this contract.

2. IHS Architecture and Engineering Design Manual – 2019

3. FGI 2018 – Healthcare Facility Design Guide

4. NFPA 101 Life Safety Code – 2012

5. NFPA 70 National Electric Code (NEC)

6. NFPA 99 Healthcare Facilities Codebook, 2012

7. SDDOT Standard Specifications for Roads and Bridges, 2015

G. Common Acronyms or Definitions

1. IHS – Indian Health Service

2. FT – Fort Thompson

3. ADA – Americans with Disabilities Act

4. CO – Contracting Officer

5. COR – Contracting Officer’s Representative

6. PM – Project Manager

7. IGCE – Independent Government Cost Estimate

8. BIM – Building Information Model

9. LOD – Level of Design

10. CAD – Computer Aided Design

11. RFI – Request For Information

2. Scope of Work (SOW) The scope of this project includes all demo, new installation, and clean up for installation of the products described below. All electrical installation shall be done by an electrician licensed in the state of South Dakota.

The contractor shall provide all engineering, design, material, labor, equipment and supervision required to accomplish the following:

A. Design: Contractor shall provide intuitive designs based on the aforementioned problems, design references, and specifications in this scope of work for each separate lot according to the various codes such as the ones listed above under related documents. Final Designs must be approved by the COR & accompanying Service Unit Facility Manager before construction.

B. Demolition: The Contractor shall be responsible for all demolition of the project site as shown on the attached plan. Provide all necessary permits, dump and disposal fees, and any other tests needed to meet state and local codes. Dispose of all debris in an approved facility in accordance with all local, state and federal regulations.

a. Patient and Employee Parking (Lot 1): Contractor shall demolish existing concrete surfacing, curb & gutter, sidewalk, and landscaping items (trees, shrubs, etc.). Light poles shall be removed and reset if deemed feasible. Limits of removal can be found in the attached drawings.

b. Behavioral Health and Wellness Center Parking (Lot 2): Contractor shall demolish existing sidewalk at the wellness center. Sidewalk can be reused at the behavioral health building (repairing any damaged areas). Limits of removal can be found in the attached drawings.

c. Gravel Parking (Lot 3): Contractor shall demolish existing curb & gutter, and landscaping items (trees, shrubs, etc.). Limits of removal can be found in the attached drawings.

C. Warranty: Provide a 1-year labor and material warranty at no additional cost to the government which provides for the repair of all work and equipment that was provided under this scope of work.

D. Electrical: Contractor shall provide new pole mounted LED lighting utilizing existing poles located in (Lot 1) and new poles located in (lot 3) all lighting shall be designed and installed according to the National Electric Code or NFPA 70.

a. Patient and Employee Parking (Lot 1): Contractor shall provide and install new pole mounted LED lights utilizing existing light poles. Locations of light poles to be determined based on the removal of the median in several areas. See attached drawings.

b. Behavioral Health and Wellness Center Parking (Lot 2): Contractor shall leave in place existing light pole located in the center of the lot. Light pole shall be protected by up to four 8” concrete filled pipe bollards. Bollards will be finished with a rust resistant paint, and then a plastic cover. Provide 4 extra bollard covers. See attached drawing.

c. Gravel Parking (Lot 3): Contractor shall provide and install new light pole(s) with a pole mounted LED that will sufficiently illuminate the lot. Light poles shall be protected by 8” concrete filled pipe bollards. Bollards will be finished with a rust resistant paint, and then a plastic cover. Provide 4 extra bollard covers. (number to be determined by the location of the new light poles.

E. Concrete: Placement of subgrade, structural steel, and concrete shall follow SD DOT 2015 Standards, part B and D, and any other applicable section. Prepare subgrade 6” with density 95% of standard proctor. #3 rebar every 12” in parallel, and every 36” perpendicularly. 6” concrete for full dimensions poured to 4,000 psi. Space joints at 10-12 feet, Joiner molded on squares. See attached drawings for the location of new concrete surfacing, curb & gutter, and sidewalk for the separate lots.

F. Earthwork: Prepare ground for designed concrete pavement, curb & gutter, and sidewalk. Provide a ditch to ensure drainage from the new pavement starting at the south west corner of (Lot2) and ending near the south east side of the wellness building.

G. Utilities: Contractor shall provide the designed electrical service to the new LED lighting for (Lot 1) and (Lot 3), according to the National Electric Code or NFPA 70.

H. Clean Up: Jobsite shall be cleaned daily and must comply with the Infection Control & Safety Officer’s requirements given with the ICRA and PRCA. The construction areas involved shall be free of any debris, rubbish and left over material scraps upon completion of the project. Trash receptacles used for the collection of this debris and their removal from the project site shall be provided by the contractor. The site will be inspected by the engineer prior to final payment to ensure the sites return to their original condition prior to construction.

I. Site Restoration: The construction site shall be free of any materials, debris and/or rubbish. The contractor will be responsible for the removal of this debris and must restore the site to its original condition as approved by the project engineer. Photo are to be taken before construction begins for documentation the sites original condition by the contractor.

J. Addition Facility Requirements: Contractor shall comply with the requirements of the health center’s Facility Manager, Infection Control Officer and Safety Officer. These requirement will be laid out during the pre-construction meeting and will include providing a separated negatively pressurized work space, vented to the outside. Other permits and requirements will be given after the pre-construction meeting and the ICRA and PRCA assessments are completed.

3. Period of Performance.

A. Time of the Essence: All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

B. The Work will be substantially completed within Three Hundred Sixty Five (365) calendar days after the date when the Contract Times commence to run.

4. Submittals A. Submittals or shop drawings shall be submitted for the following items and shall be delivered electronically to the COR or designated PM for final approval before ordering any new material or equipment.

1. Design

2. Concrete Surfacing

3. Curb & Gutter

4. Sidewalk

5. Bollards

6. Electrical components

7. Etc.

5. Schedule/Meetings A. The general contractor shall submit a detailed schedule to the COR for approval within (14) calendar days of the award.

B. Pre-Construction Meeting: One Pre-Construction meeting shall be conducted prior to the start of the construction of the contract.

C. Progress Meetings: Progress meetings shall be conducted at regular intervals as merited by the progress of the work.

D. Substantial Completion: One substantial completion meeting shall be held following notification of the Project Officer by the General Contractor that the project is Substantially Complete.

E. Final Completion: One final completion meeting shall be held following determination that the project is complete.

6. Miscellaneous A. Security Requirements. Not Applicable.

B. Occupancy of Government Facilities. The contractor shall be responsible for properly informing the COR of any condition which would jeopardize the building or its contents, such as loss of heat, air conditioning, danger of pipes freezing, loss of electrical power, water, sewer or loss of building security.

C. Correspondence. All correspondence shall be addressed to the COR. Each letter, document, etc., shall contain the following information:

1. Date

2. Project Numbers, Contract Number, Delivery Order Number and Service Unit Name/Location.

3. Name of those who were sent copies.

D. Superintendent. The prime contractor shall have an onsite superintendent for this project while any and all work is being performed unless prior approval is grant from the COR.

E. Tribal Requirements.

1. The Contractor and all subcontractors engaging in work on the Crow Creek Reservation will be required to comply with the Indian preference and Indian preference program requirements administered by the Crow Creek Sioux Tribal Employment Rights Office (TERO).

2. Before commencing work, contractors and sub-contractors are required to submit an acceptable “Compliance Agreement” to the TERO office. Copies of this form can be obtained from the TERO office.

3. Contractors are strongly encouraged to contact the TERO office at (605) 245-2228 for an explanation of tribal requirements. Other fees may apply.

F. Construction Materials and Storage

1. All materials shall be stored and handled according the manufacturers’ recommendations.

2. All materials shall be submitted to the COR prior to ordering, for approval by the project engineer.

3. The contractor(s) shall be present and on site to receive all construction material, equipment, or products. IHS staff will not be present, responsible, nor receive, or provide any type of offloading equipment for construction materials, products, or equipment. It is solely the contractor(s) responsibility to properly receive any and all construction equipment, products, and materials on site.

4. The contractor(s) shall provide their own means of storing any and all construction materials, products, or equipment required for installation. IHS staff will not be responsible or provide any means of storing construction material, products, or equipment before or during construction. All material, products, or equipment remain the contractor(s) property until the project has been deemed substantially completed by all parties.

G. Indemnification

1. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable.

2. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts.

3. The indemnification obligations of Contractor under Paragraph 6.H.1 shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of:

a) the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or

b) giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage.

H. Hours of Operation

1. The project shall start after award and receipt of the Notice to Proceed

2. The work hours shall be 8:00am – 5:00pm, Monday – Friday. Weekends and after hours work may be available upon request.

7. Project Officer Contracting Officer’s Representative (COR) appointment letter will be issued at the time of the Contract Award.

Any change in COR designation will be documented by the Contracting Officer in writing.

8. Closeout Documents The Contractor shall submit one hard copy set of all final, installed submittal items, accessories, and all installation/operation/maintenance documents to the facility manager/engineer. The final installed submittal package and O&M shall also be sent electronically to the COR and/or PM.

SECTION D – PACKAGING AND MARKING

D.1. PACKAGING AND MARKING

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

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

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

SECTION E – INSPECTION AND ACCEPTANCE

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

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

Number Title Date 52.246-12 Inspection of Construction Aug 1996

E.2. INSPECTION OF SITE

(a) The Contractor shall be responsible for the complete coordination and proper relation of the work of all trades.

(b) No allowances or extra construction on behalf of any Contractor will be permitted subsequently by reason of error or oversight on the part of any sub-contractor at any tier, or on account of interferences by the activities of the owner or others unless permissible in accordance with FAR 52.246-12, Inspection of Construction.

(c) All dimensions shown on government provided drawings are based on “as-built” record drawings and, to the extent possible, accurately represent existing conditions; however, there may be some variance between existing conditions and contract drawings. The Contractor is responsible for verifying all dimensions and for reporting to the CO any discrepancies that may affect performance of the work represented by contract drawings and specifications.

E.3. INSPECTION AND ACCEPTANCE

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 contract.

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

(a) Substantial Completion Inspection

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

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

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

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

(b) Final Inspection

(1) Final Inspection completion date is the date established in the contract when the project is to be fully complete and is ready to turn over to the Government. When the Contractor is ready for final inspection, he shall request so in writing to the Contracting Officer and his duly authorized representative (COR) at least 5 days prior to the desired date.

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

(3) All contract items, including any punch-list items, and final clean-up of the project site shall be totally complete on the day and at the time the final inspection is scheduled. Any discrepancies noted at the final inspection shall be corrected by the Contractor within the time specified by the Contracting Officer.

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

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

SECTION F – DELIVERIES OR PERFORMANCE

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

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

Number Title Date 52.236-15 Schedules For Construction Contracts Apr 1984 52.242-14 Suspension of Work Apr 1984

CLAUSES INCORPORATED IN FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 365 calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

F.3. EVALUATION OF CONTRACTOR PERFORMANCE

In accordance with FAR 36.201 and FAR 42.1502 (e), the Contractor's performance will be evaluated upon completion of this contract. Interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government.

(a) Contractors will be sent an email notice to review and comment on the performance evaluations.

Contractor MUST be registered at the website Contractor Performance Assessment Reporting System (CPARS) in order to receive these evaluations. Contractor must register at https://www.cpars.gov/index.htm. A contractor point of contact (POC), to receive notification of performance evaluations, shall be identified at time of award. The POC must maintain a current email address on file with the Contracting Officer.

(b) Timely performance by the contractor is very important. Failure to perform the work diligently on this contract could result in a negative past performance rating that could affect a Contractor’s competitiveness for an award of future contracts.

https://www.acquisition.gov/far/ https://www.cpars.gov/index.htm

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.

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

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

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

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

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

G.3. ADDRESS FOR CORRESPONDENCE

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

(b) Most correspondence should be sent via e-mail directly to the CO and COR. Include the Contract Number on all correspondence. If sending documents via postal mail, include the Contract Number on all correspondence. Overnight Mail and U.S. Mail shall be sent to the CO, unless otherwise specified, at the following address:

Andrew Hart Indian Health Service (IHS) / Division of Engineering Services (DES) 701 5th Ave, STE 1600 Seattle, WA 98104

G.4. PAYMENT PROCESS

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

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

(2) The cost of preparatory work (e.g., shop drawings or product submittals), field and home office overhead, profit, insurance, taxes, warranties, as-built drawings, etc., shall be pro-rated into items of physical work and not listed as separate line items. Cost of Performance and Payment Bonds may be listed as a single line item and not pro-rated. Also, cost of mobilization and demobilization relating to transportation or installation costs associated with such items as site trailers, heavy equipment, temporary batch plants, temporary on-site manufacturing and assembly facilities, temporary on-site quarter’s facilities, temporary sanitation facilities, temporary utility connections, and/or temporary secured storage facilities may be listed as line items and not pro-rated. If mobilization is listed separately, a line item for demobilization must be listed separately. A detailed listing of the items included and the individual cost for each item shall be provided in support of proposed amounts for mobilization and demobilization.

(b) Material stored on site may be included in earned progress if the Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform in contract.

(c) 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 Contracting Officer. Use of a format that complies with all of the requirements of the “Payments” clause of the contract is mandatory. The “Contractor Payment Application” form will be provided at the Pre-Construction meeting.

(2) The Contractor is responsible for delivery of each request for payment electronically using the Department of Treasury Invoice Processing Platform (IPP) www.ipp.gov or successor system.

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

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

(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, warranties, delivery of extra stock material, etc.

G.5. PAYMENT FOR MATERIALS STORED ON SITE

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

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

(1) The contractor shall furnish the contracting officer a list of the major high-cost items to be incorporated into the contract and for which payment, prior to installation, will be requested.

Those items approved by the contracting officer will be entered on the Schedule of Values, as a percentage factor, or factors if items are listed individually.

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

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

(i) Certified paid vendor invoices

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

(iii) Accepted delivery tickets, if applicable.

(4) All material for which payment is requested shall be delivered to an approved location on-site, and http://www.ipp.gov/ 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.6. INVOICE REQUIREMENTS

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

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

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

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

(4) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

(5) HHSAR 352.232-71, Electronic Submission of Payment Requests (Mar 2022)

(b) The Designated Billing Office for this contract is the same as the address for correspondence, sent to the attention of the CO. Invoices that have been verified as correct by the COR shall be emailed to the CO, unless otherwise instructed by the CO. The signed payment invoice shall be sent via e-mail to the IHS Contracting Officer for validity prior to any submission in the IPP system.

(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 lists 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 Contracting Officer with any payment issues or concerns.

Note: In accordance with FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) -- 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.7. CERTIFICATION OF PAYMENTS - RELEASE OF CLAIM

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

(a) A certification that the Contractor has made payment from proceeds of prior payments, or that he will make timely payment from the proceeds of the progress or final payment then due him, to any subcontractors and suppliers in accordance with established contractual arrangements; and

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

G.8. TIME EXTENSION FOR UNUSUALLY SEVERE WEATHER

This paragraph specifies the procedure for the determination of time extensions for unusually severe weather.

In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

(a) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

(b) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.

(c) Weather delays will be based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The contractor’s progress schedule must reflect consideration of these anticipated adverse weather delays in all-weather dependent activities.

(d) Upon acknowledgment of the notice to proceed (NTP) and continuing throughout the contract, the contractor will record on the Contractor’s Daily Report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delays must prevent work on critical activities for 50 percent or more of the contractor’s scheduled workday.

(e) The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in accordance with the criteria previously described above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair-weather work days, and issue a bilateral modification.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. TRIBE REQUIREMENTS -

(a) Contractors are notified that this project will be performed on the Crow Creek Sioux Reservation.

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

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

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

(d) Contacts:

Crow Creek Sioux Tribe – TERO Office Attn: Alfonso Drapeau, TERO Compliance Officer Phone: (605) 245-2228

H.2. RESERVATION REGULATIONS

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

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

H.3. WORK HOURS

Normal business hours are 8:00 AM – 5:00 PM, Monday through Friday (excluding Federal holidays). Work at other times must be approved by the COR/Project Manager. Requests to work outside normal business hours shall be submitted in writing to the COR/Project Manager not less than 48 hours in advance of the proposed modified schedule. This requirement is due to the need for security of patients, government personnel and property. There must be a 'responsible government agent' on site when any contractor is present on IHS property.

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

H.4. FEDERAL HOLIDAYS

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

New Year's Day January 1 Birthday of Martin Luther King, Jr. Third Monday in January Washington’s Birthday Third Monday in February Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 4

Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

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

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

H.5. SUBCONTRACTS

(c) 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.

(d) 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.

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

(f) 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.