A0003-75H70124R00020.pdf

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Parker Indian Health Center (PIHC) Roof Repair by Replacement in Parker, AZ, La Paz County
Solicitation number
75H701-24-R-00020
Issued by

About this file

This document is a solicitation (Request for Proposal) for a construction project to replace the roof of the Parker Indian Health Center (PIHC) in Parker, Arizona. The key details are:

The Indian Health Service is seeking a contractor to furnish all labor, equipment, materials, and services necessary to replace the existing roof at the PIHC facility. The construction magnitude is estimated to be between $1,000,000 and $5,000,000. The contract period of performance is 120 calendar days from the notice to proceed. This procurement will be set aside for small businesses under NAICS code 238160 Roofing Contractors, with a size standard of $19 million average annual revenue. Proposals are due by May 27, 2024 at 2:00 PM MST. The government intends to award a single firm-fixed price contract. A site visit is scheduled for March 26, 2024. Contractors must be registered in the System for Award Management (SAM) to be considered for award.

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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

A0003

Jennifer J. Scroggins

See the following SF30 continuation page.

Indian Health Service Division of Engineering Services (DES) - Seattle 701 5th Ave, Suite 1600 Seattle, WA 98104

Indian Health Service Division of Engineering Services (DES) - Seattle 701 5th Ave, Suite 1600 Seattle, WA 98104

75H701-24-R-00020

PH23CR02H6

1 2

05/20/2024

03/14/2024

SF30 CONTINUATION OF BOX 14.

Solicitation 75H701-24-R-00020 Amendment 0003 Project PH23CR02H6, PIHC Roof Replacement

SUMMARY OF CHANGES:

Amendment A0003 to solicitation 75H701-24-R-00020 hereby addresses the following:

1. Reopens the solicitation period and adds updated SF-1442, extending the proposal due date until May 27, 2024, by 2:00 PM MST.

2. While the entire solicitation is being included in this amendment, this amendment specifically revises Sections:

a. L.11.(1)(iii) FACTOR 1: Specialized Experience, only, to the following:

FACTOR 1: Specialized Experience:

Submittal Requirements: The offerors shall exhibit a comprehensive and complete technical proposal that demonstrates their ability to perform the work described in this solicitation and demonstrate a minimum amount of experience doing work of similar scope and complexity by submitting at least three (3) but no more than five (5) relevant projects that are of similar size, scope and complexity as described in this solicitation that must be at least 75% construction progress complete or completed within six (6) years preceding the date proposals are due.

a) At least one (1) project shall demonstrate relevant experience in healthcare type buildings.

b) At least one (1) project shall demonstrate a large renovations/remodels of roofing material systems/building exteriors of at least 25,000 square feet (sf).

c) Experience will be evaluated based on the Offeror’s demonstration of similar, relevant, and recent projects within the broad scope of this solicitation for services as described in this solicitation. For the purposes of this factor, “Relevant” is defined as large renovations/ remodels of roofing material systems/building exteriors. Projects that are similar in size, scope and complexity to the requirements described in this solicitation will be highly scrutinized. “Recent” is defined as being at least 75% construction progress complete or completed within the past six (6) years preceding the date proposals are due.

d) Attachment J04, Company Specialized Experience Construction Form is provided as a reference for information that shall be included with each project. This form is not required, but each project shall include at least all information on this form (e.g., name, project name, location of project, type of project, owner, scope, firm’s role, cost, subcontracts, dates, reference contact information, etc.).

e) If any experience will be used for evaluation of other than the prime firm, (e.g. affiliates, subsidiaries, parent companies, sister companies, etc.), a teaming arrangement shall be provided. If this is the case, clearly describe any teaming arrangements, describe which firms, firms’ resources, the relative firms’ roles and responsibilities and any contractual arrangements that have been established to constitute the offeror’s team. A teaming agreement is not required for subcontractors. If the Offeror is a Joint Venture (JV), relevant experience should be submitted by that JV entity. If the JV does not have shared experience, projects shall be submitted for each JV partner relevant to their overall JV partnership.

Offerors who fail to submit experience for all JV partners may be evaluated as

“UNACCEPTABLE.”

SF30 CONTINUATION OF BOX 14.

Solicitation 75H701-24-R-00020 Amendment 0003 Project PH23CR02H6, PIHC Roof Replacement

If any of the information required is not included in the proposal, then the contractor may be considered non-responsive and evaluated as “UNACCEPTABLE.”

b. M.1.1 FACTOR 1: Specialized Experience, only, to the following:

FACTOR 1: Specialized Experience

Basis of Evaluation: Evaluation of this factor will be an assessment of the offeror’s project experience on an Acceptable/Unacceptable basis. To achieve an Acceptable rating, at least three (3) relevant projects submitted must be at least 75% complete within the preceding six (6) years from the date of proposals and must be determined to be relevant in similar size, scope, and complexity to the requirement described in this solicitation. At least one (1) project shall demonstrate relevant experience in healthcare type buildings. At least one (1) project shall demonstrate a large renovations/ remodels of roofing material systems/building exteriors of at least 25,000 square feet (sf). The Government will only review a maximum of five (5) submitted projects under this Factor. Any projects submitted in excess of five (5) will not be considered.

NOTICE TO OFFERORS: Offerors must acknowledge receipt of any and all amendments by number and date on their cover letter in their offer or by submitting a signed copy of the SF30. All other terms and conditions remain unchanged.

END SUMMARY OF CHANGES

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

Solicitation Number: 75H701-24-R-00020 Parker Indian Health Services Center

Roof Repair by Replacement (Project PH23CR02H6)

12033 Agency Road Parker, AZ 85344

SITE VISIT: March 26, 2024 @ 11:00 AM MST (L.7.) unless changed by Amendment

PROPOSAL DUE DATE: April 13, 2024, at 2:00 PM MST (SF 1442, Block 13a), unless changed by Amendment

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.

Solicitation 75H701-24-R-00020 Amendment A0003

Table of Contents SECTION A – STANDARD FORM 1442, SOLICITATION, OFFER, AND AWARD (Construction, Alteration, Or Repair)

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D – PACKAGING AND MARKING

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 ATTACHMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

SECTION L – INSTRUCTIONS, CONDITIONS, & NOTICES TO OFFERORS

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

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

75H701-24-R-00020

Indian Health Service Division of Engineering Services (DES) - Seattle 701 5th Ave, Suite 1600 Seattle, WA 98104

Project: PH23CR02H6, PIHC Roof Replacement

Location: Parker Indian Health Center (PIHC), 12033 Agency Road, Parker, AZ 85344

See Section L for Proposal Submittal Instructions and Site Visit Information.

This project will be procured as a 100% Small Business set-aside under North American Industry Classification System (NAICS) code 238160 Roofing Contractors. The associated size standard for this procurement is $19 million.

CONSTRUCTION MAGNITUDE: The magnitude of this construction project is anticipated to be between $1,000,000 and $5,000,000, in accordance with FAR 36.204.

Indian Health Service Division of Engineering Services (DES) - Dallas Attn: Jenny Scroggins 1301 Young St., Suite 840 Dallas, TX 75201-5433

Joshua VanSkike (214) 615-2480 or joshua.vanskike@ihs.gov

PH23CR02H6

2 5603/14/2024

5/27/2024

2:00 PM

10 days after award

F.2. 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.3.

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

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

Jennifer J. Scroggins

LUMP SUM TOTAL $________________

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

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.

B.1. PRICE SCHEDULE

CLINs Item/Task Description Lump Sum Price

Contractor shall provide furnish all labor, equipment, materials, supplies, supervision, tools, permits, transportation, quality control, personal protective equipment (PPE), coordination with Authorities Having Jurisdiction (AHJ), construction permits, incidental design, travel and insurance and associated expenses necessary and incidentals in order to perform Project PH23CR02H6, PIHC Roof Replacement, in accordance with the attached specifications, drawings and other attachments.

NOTES:

As a reminder, all offerors are responsible for allowing for all applicable state, local 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.2. 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.3. SF1442, Block 24: Submit invoices in accordance with Section I, HHSAR 352.232-71, Electronic Submission of Payment Requests and Section G, G.4 through G.6.

B.4. 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. 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.5. 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 is included in Section J, Attachment J02.

B.6. Taxes: Under Arizona State Legislature Title 42 Taxation Code, Chapter 5, Transaction Privilege And Affiliated Excise Taxes, Articles 2 “Transaction Privilege Classifications” and 4 “Use Tax,” The Department of Health and Human Services, Phoenix Area Indian Health Services is tax exempt under A.R.S. 42- 5063(C)(3)(a), 42-5061(A)(25)(a), and 42-5159(A)(13)(a), (b), (c), State of Arizona Department of Revenue. (Reference Attachment J06 - 2024 Exemption Letter for a Qualifying Hospital and J06a AZ Form 5000HC-TPT Healthcare Exemption Certificate)

END OF SECTION

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

I. DESCRIPTION

A. There is a need to replace the current roof on the hospital building as it has reached the end of its useful life and is currently leaking when it rains. This project will install a new Polyvinyl chloride (PVC) single-ply roof system over the existing roof of the hospital.

B. The Contractor shall be responsible for all equipment, parts, material, labor, travel, per diem, Tribal Employment Rights Office (TERO) fees and other expenses required to complete the project as described in this scope.

II. SUMMARY OF REQUIREMENTS AND OBJECTIVES

A. See attachment J01a for specifications for the roofing.

B. See attachment J01b for location of work.

III. DELIVERABLES: CONSTRUCTION

A. Installation of new roofing system per attachment J01a.

B. Provide comprehensive As-Builts/Project Record Drawings. Reference clause “H.38. AS BUILT

DRAWINGS”

IV. GENERAL CONDITIONS

A. Codes and Standards. The Contractor shall adhere to the following code requirements for work performed, including testing and inspection:

1. International Building Code (latest edition)

2. NFPA 70, National Electrical Code (NEC) (latest edition)

3. NFPA 99, Health Care Facilities Code (latest edition)

4. NFPA 101, Life Safety Code (latest edition)

5. Occupational Safety and Health Act – CFR1926

6. Consult with the Colorado River Indian Tribe (CRIT) for any local jurisdictional codes and standards that must be followed.

B. Project Safety

1. All work shall comply with Occupational Safety and Health Act – CFR1926.

2. Contractor shall supply all required worksite safety equipment.

3. Contractors shall be required to submit and adhere to the following items including but not limited to:

a) MSDS construction binder for all products used onsite.

b) Project specific site safety plan.

4. Contractor shall be responsible for complete and strict compliance with all Parker Indian Health Center Facility policies including the safety policy.

C. Submittals: Furnish submittals for all building materials. Provide in scanned PDF format for formal approval. Submittals shall be submitted IAW H.14 Document Management.

1. MSDS Sheets for all products.

2. FedRAMP compliant software includes but is not limited to Procore and Submittal Exchange.

D. Quality Assurance/Quality Control.

1. All materials shall be approved by owner.

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

3. Housekeeping shall be accomplished on a daily basis. All debris and trash generated by this project shall be disposed of in a trash dumpster provided by the owner for this project at no extra cost to the contractor/installer.

E. Execution

1. Construction activities shall be coordinated with Hospital Facility Management Staff to ensure that there are no detrimental impacts on the day to day operations of the Hospital or staff safety.

F. Inspection. Reference FAR 52.246-12.

G. The Project Schedule

1. The contactor shall provide a detailed schedule indicating the date that each phase of construction that will be completed.

2. Work Hours: See contract clause at Section H, H.1. WORK HOURS.

3. Schedule shall be in Microsoft Project format or approved equal.

H. Performance Period: The Government shall allow 120 days from the date of the Notice to Proceed (NTP).

I. TERO, Insurance and Bonding Requirements. See contract clause at Section H., H.48. TRIBE

REQUIREMENTS – COLORADO RIVER INDIAN TRIBES (CRIT).

J. Payroll. See FAR 52.222-8 Payrolls And Basic Records, and contract clause at Section H., H.21.

INSTRUCTIONS FOR SUBMISSION OF PAYROLLS.

K. See Certified Payroll shall be submitted to the Contract Officer through the Project Manager.

Subcontractors are required to ensure that all non-exempt employees for this work are compensated in accordance with the approved Davis Bacon Wage Act and proper certified payroll reports are completed and submitted.

V. FINAL PAYMENT

Final Payment shall not be authorized until all work is complete (including punch list), the final inspection has been made and Warranty Documents have been received.

VI. WARRANTY

Contractor shall warrant all work for one year from date of acceptance for all repairs and maintenance. (Reference FAR 52.246-21 Warranty of Construction.)

If discrepancies are found between the attached plans/specifications and codes or standards as referenced, the codes or standards shall govern, unless noted otherwise.

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.

END OF SECTION

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.

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

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 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 120 calendar days after the date the contractor receives the Notice to Proceed (NTP). 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 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.

END OF SECTION

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

Indian Health Service (IHS) – Division of Engineering Services - Dallas Attn: Jenny Scroggins 1301 Young St., Suite 840 Dallas, TX 75201-5433

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 http://www.ipp.gov/ personnel, and/or construction inspector.

(iii) Accepted delivery tickets, if applicable.

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

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

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

G.6. INVOICE REQUIREMENTS

(a) Invoices shall be prepared, submitted and 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 (Mar

2023)

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

(b) For the first payment, 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) Invoices for payment shall be sent via e-mail to the Contract Specialist at Joshua.VanSkike@ihs.gov, Contracting Officer at Jenny.Scroggins@ihs.gov, and the designated Contracting Officer’s Representative (COR). The invoice will then be reviewed and signed by the COR prior to submission to the Contracting Officer for final approval.

(d) Progress payments WILL be authorized for this project.

(e) 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.

(f) 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.

END OF SECTION

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. WORK HOURS

PIHC’s 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. Requests to work outside normal business hours shall be submitted in writing to the COR 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.2. 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.3. 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) In accordance with FAR 52.222-11 Subcontracts (Labor Standards) within 14 days after award of the contract, the Contractor shall deliver to the Contracting Officer a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each subcontract for construction within the United States, including the subcontractor’s signed and dated acknowledgment that the clauses set forth in paragraph (b) of this clause have been included in the subcontract.

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

H.4. SUBCONTRACTING

(a) The contractor shall be responsible for the management and performance of all subcontracts. The contractor shall ensure subcontractors are competent and capable of handling all assigned work.

The contractor shall ensure contract is completed within the stated requirements.

(b) In connection with the performance of work under this contract, the contractor shall not subcontract with any subcontractor who, at the time of subcontract award, is listed on the current GSA's Lists of Parties Excluded from Procurement and Non-procurement Programs, unless otherwise authorized by the Government in accordance with Subpart 9.4 of the Federal Acquisition Regulations. Reference FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

(c) The List of Parties Excluded from Procurement and Non-procurement Programs is available at https://www.sam.gov.

(d) 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.

(e) 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.

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

H.5. INSURANCE

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

(a) Workers' Compensation and Employer's Liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so comingled with a contractor's commercial operations that it would not be practical to require this coverage.

Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

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

(c) Automobile Liability: Automobile liability insurance written on the comprehensive form of policy.

The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

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