B05 Amend A00001.pdf
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- Attached to
- BLACKFEET HOSPITAL CT ROOM RENOVATION
- Solicitation number
- 75H70125R00016
About this file
This is Amendment A00001 to solicitation 75H70125R00016 for the Blackfeet Hospital CT Room Renovation project, issued by the Indian Health Service (IHS). The amendment provides responses to two contractor questions about lead-based sheetrock removal and slab construction details, includes a site visit sign-in sheet from February 11, 2025, and updates several FAR clauses and provisions in response to HHS FAR Class Deviations 2025-01 and 2025-02.
The amendment deletes five FAR clauses related to equal opportunity and apprenticeship requirements, and updates five other clauses concerning annual representations, wage rates, subcontracts, contract termination, and commercial products/services. The amendment preserves all key procurement details, including that this is a 100% Indian Small Business Economic Enterprise (ISBEE) set-aside with a magnitude between $500,000-$1,000,000, a 180-day period of performance, and evaluation using Lowest Price Technically Acceptable criteria. The site visit was held at Blackfeet Community Hospital in Browning, MT on February 11, 2025 at 1:00 PM MST.
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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)
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
10A. MODIFICATION OF CONTRACT/ORDER NUMBER
SF30 CONTINUATION OF BLOCK NARRATIVE
SUMMARY OF CHANGES
Solicitation Number 75H70125R00016 is hereby amended to address the following:
1. Provide responses to questions submitted (1 page)
2. Provide the site visit-sign in sheet (1 page)
3. Provide updated clauses and provisions (20 pages)
As a result of HHS FAR Class Deviation 2025-01 (re Executive Order (EO) 14173 and EO 14168 (CAAC Letter 2025-01 Supplement 1)) and HHS FAR Class Deviation 2025-02 (re Section 2 of Executive Order (EO) 14148, which revoked EO14057, and Section 2 of EO 14208 (CAAC Letter 2025-02 Supplement 1)), the following FAR Provisions and Clauses have been updated or deleted as indicated:
a. The following have been deleted from the solicitation
i. 52.222-9 Apprentices and Trainees (Section I.1)
ii. 52.222-21 Prohibition of Segregated Facilities (Section I.1)
iii. 52.222-23, Notice of Requirement for Affirmative Action To Ensure Equal
Employment Opportunity for Construction (Section L.4)
iv. 52.222-26, Equal Opportunity (Section I.1)
v. 52.222-27, Affirmative Action Compliance Requirements for Construction
(Section I.1)
b. The following have been updated from the solicitation
i. 52.204-8, Annual Representations and Certifications (JAN 2025) (DEVIATION FEB
2025) (Section K.2)
ii. 52.222-6 Construction Wage Rate Requirements (AUG 2018) (DEVIATION FEB
2025) (Section I.1)
iii. 52.222-11 Subcontracts (Labor Standards) (MAY 2014) (DEVIATION FEB 2025)
(Section I.1)
iv. 52.222-12 Contract Termination—Debarment (MAY 2014) (DEVIATION FEB
2025) (Section I.1)
v. 52.244-6, Subcontracts for Commercial Products and Commercial Services (JAN
2025) (DEVIATION FEB 2025) (Section I.1)
The clauses above can be viewed utilizing the following link until they are incorporated into the FAR: https://www.acquisition.gov/caac-letters
The following notice is provided:
System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations https://www.acquisition.gov/caac-letters when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.
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 OF SUMMARY OF CHANGES
Questions and Answers
75H70125R00016
Blackfeet CT Room Reno
A00001 Item Question Answer
1 Could you verify that the Lead based Sheetrock is to be removed and mitigated using full containment protocols for Hazardous Waste materials? The product is throughout the intended renovation Area and will have a material effect on the cost of the project.
Lead based sheetrock removal is minimal per the plans. Refer to page AD101.1. demolition plan and notes. Note 14 states:
“REMOVE LEAD LINING AND GYPSUM BOARD AS NEEDED TO
PREPARE FOR NEW FINISHES AND NEW WORK.” Containment and HEPA filtration would be required, at a minimum, during the demolition phase.
2 Is this slab on grade construction throughout the entire proposed work site?
Page AD101.1 shows the location/boundary of the slab on grade vs.
the crawlspace. The CT Room 1556 and Waiting 1557 are the rooms to be renovated and are on the slab on grade. The CT room will require concrete cutting and patch work.
Security Room 1565 is located on Slab on Grade, no concrete work will be required in this room.
SECTION I – CONTRACT CLAUSES
I.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 two web addresses - This for FAR:
https://www.acquisition.gov/far/ and this for HHSAR: http://www.hhs.gov/policies/hhsar/
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
Number Title Date 52.202-1 Definitions Jun 2020 52.203-3 Gratuities Apr 1984 52.203-5 Covenant Against Contingent Fees May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government Jun 2020 52.203-7 Anti-Kickback Procedures Jun 2020 52.203-8 Cancellation, Recession, and Recovery of Funds for Illegal or Improper
Activity May 2014
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions Jun 2020 52.203-13 Contractor Code of Business Ethics and Conduct Nov 2021 52.203-14 Display of Hotline Posters(s)
(3) https://oig.hhs.gov/fraud/ Nov 2021
52.203-17 Contractor Employee Whistleblower Rights Nov 2023 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements Jan 2017
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May 2011 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Jun 2020 52.204-13 System for Award Management Maintenance Oct 2018 52.204-14 Service Contract Reporting Requirements Oct 2016 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 52.204-21 Basic Safeguarding of Covered Contractor Information Systems Nov 2021 52.204-23 Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab Covered Entities.
Dec 2023
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
Nov 2021
52.204-27 Prohibition on a ByteDance Covered Application Jun 2023 52.209-6 Protecting the Government’s Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment Jan 2025
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations Nov 2015 52.215-2 Audit and Records – Negotiation Jun 2020 52.215-8 Order of Precedence -- Uniform Contract Format Oct 1997 52.215-15 Pension Adjustments and Asset Reversions Oct 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB)
Other Than Pensions Jul 2005 https://www.acquisition.gov/far/ http://www.hhs.gov/policies/hhsar/ https://oig.hhs.gov/fraud/
52.215-19 Notification of Ownership Changes Oct 1997 52.215-21 Requirements for Cost or Pricing Data and Data Other Than Certified
Cost or Pricing Data -- Modifications Nov 2021
52.219-8 Utilization of Small Business Concerns Jan 2025 52.219-14 Limitations on Subcontracting
(f) (1) By the end of the base term of the contract and then by the end of each subsequent option period; or
Oct 2022
52.219-28 Post-Award Small Business Program Representation Jan 2025 52.222-3 Convict Labor Jun 2003 52.222-4 Contract Work Hours and Safety Standards-Overtime Compensation May 2018 52.222-6 Construction Wage Rate Requirements Feb 2025 52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls And Basic Records Jul 2021 52.222-9 Apprentices And Trainees Jul 2005 52.222-10 Compliance With Copeland Act Requirements Feb 1988 52.222-11 Subcontracts (Labor Standards) Feb 2025 52.222-12 Contract Termination – Debarment Feb 2025 52.222-13 Compliance with Construction Wage Rate Requirements and Related
Regulations.
May 2014
52.222-14 Disputes Concerning Labor Standards Feb 1988 52.222-15 Certification Of Eligibility May 2014 52.222-21 Prohibition Of Segregated Facilities Apr 2015 52.222-26 Equal Opportunity Sep 2016 52.222-27 Affirmative Action Compliance Requirements For Construction Apr 2015 52.222-35 Equal Opportunity for Veterans Jun 2020 52.222-36 Equal Opportunity for Workers With Disabilities Jun 2020 52.222-37 Employment Reports on Veterans Jun 2020 52.222-40 Notification of Employee Rights Under the National Labor Relations Dec 2010 52.222-50 Combating Trafficking In Persons Nov 2021 52.222-54 Employment Eligibility Verification Jan 2025 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 Jan 2022 52.222-62 Paid Sick Leave Under Executive Order 13706 Jan 2022 52.223-5 Pollution Prevention And Right-To-Know Information, Alternate I May 2024 52.223-10 Waste Reduction Program May 2024 52.223-11 Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons May 2024
52.223-21 Foams May 2024 52.223-23 Sustainable Products and Services May 2024 52.225-9 Buy American-Construction Materials
(b)(2) NONE Oct 2022
52.225-13 Restrictions On Certain Foreign Purchases Feb 2021 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic
Enterprises Jun 2000
52.226-7 Drug-Free Workplace May 2024 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving May 2024 52.227-1 Authorization and Consent Jun 2020
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement Jun 2020 52.227-4 Patent Indemnity-Construction Contracts Dec 2007 52.228-2 Additional Bond Security Oct 1997 52.228-5 Insurance – Work on Government Installation Jan 1997 52.228-11 Individual Surety—Pledge of Assets Feb 2021 52.228-12 Prospective Subcontractor Requests for Bonds Dec 2022 52.228-14 Irrevocable Letter Of Credit Nov 2014 52.228-15 Performance And Payment Bonds-Construction Jun 2020 52.229-3 Federal, State, And Local Taxes
As a reminder all bidders 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.
Failure to do so will not constitute a request for an equitable adjustment to the contract price.
Feb 2013
52.232-5 Payments Under Fixed-Price Construction Contracts May 2014 52.232-8 Discounts for Prompt Payment Feb 2002 52.232-16 Progress Payments Nov 2021 52.232-17 Interest May 2014 52.232-23 Assignment Of Claims May 2014 52.232-27 Prompt Payment For Construction Contracts Jan 2017 52.232-33 Payment By Electronic Funds Transfer—System for Award Management Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments To Small Business Subcontractors Mar 2023 52.233-1 Disputes Alternate I (Dec 1991) May 2014 52.233-3 Protest After Award Aug 1996 52.233-4 Applicable Law For Breach Of Contract Claim Oct 2004 52.236-2 Differing Site Conditions Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work Apr 1984 52.236-4 Physical Data Apr 1984 52.236-5 Material And Workmanship Apr 1984 52.236-6 Superintendence By The Contractor Apr 1984 52.236-7 Permits And Responsibilities Nov 1991 52.236-8 Other Contracts Apr 1984 52.236-9 Protection Of Existing Vegetation, Structures, Equipment, Utilities, And
Improvements Apr 1984
52.236-10 Operations And Storage Areas Apr 1984 52.236-11 Use And Possession Prior To Completion Apr 1984 52.236-12 Cleaning Up Apr 1984 52.236-13 Accident Prevention Alternate I (Nov 1991) Nov 1991 52.236-14 Availability and Use of Utility Services Apr 1984 52.236-17 Layout of Work Apr 1984 52.236-21 Specifications and Drawings for Construction Alternate I (Apr 1984) Feb 1997 52.236-26 Preconstruction Conference Feb 1995 52.242-13 Bankruptcy Jul 1995 52.243-4 Changes Jun 2007 52.244-6 Subcontracts for Commercial Products and Commercial Services Feb 2025 52.245-1 Government Property Sep 2021 52.246-13 Inspection -- Dismantling, Demolition, or Removal of Improvements Aug 1996
52.246-21 Warranty of Construction, Alternate I (APR 1984) Mar 1994 52.248-3 Value Engineering -- Construction Oct 2020 52.249-2 Termination for Convenience of the Government (Fixed Price)
Alternate III (Sep 1996) Apr 2012
52.249-10 Default (Fixed-Price Construction) Apr 1984 52.251-1 Government Supply Sources Apr 2012 52.253-1 Computer Generated Forms Jan 1991
SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF
OFFERORS
K.2. FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2025)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 236220, Commercial and Institutional Building Construction.
(2) The small business size standard is $45 Million.
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition—
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
(i) □ Paragraph (d) applies.
(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–
(A) The acquisition is to be made under the simplified acquisition procedures in part 13;
https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_203_2 https://www.acquisition.gov/far/part-13#FAR_Part_13
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
https://www.acquisition.gov/far/part-52#FAR_52_203_11 https://www.acquisition.gov/far/part-52#FAR_52_203_18 https://www.acquisition.gov/far/part-52#FAR_52_204_3 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_204_5 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_209_2 https://www.acquisition.gov/far/part-52#FAR_52_209_5 https://www.acquisition.gov/far/part-52#FAR_52_209_11 https://www.acquisition.gov/far/part-52#FAR_52_214_14 https://www.acquisition.gov/far/part-52#FAR_52_215_6 https://www.acquisition.gov/far/part-52#FAR_52_219_1 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-52#FAR_52_219_2 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation.
This provision applies to solicitations that include the clause at 52.204-7.
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $50,000, the basic provision applies.
(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.
(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification.
This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
X (i) 52.204-17, Ownership or Control of Offeror.
X (ii) 52.204-20, Predecessor of Offeror.
X (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.
https://www.acquisition.gov/far/part-52#FAR_52_222_22 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_25 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_38 https://www.acquisition.gov/far/part-52#FAR_52_223_1 https://www.acquisition.gov/far/part-52#FAR_52_223_4 https://www.acquisition.gov/far/part-52#FAR_52_223_22 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_225_2 https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-52#FAR_52_225_4 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_6 https://www.acquisition.gov/far/part-52#FAR_52_225_5 https://www.acquisition.gov/far/part-52#FAR_52_225_20 https://www.acquisition.gov/far/part-52#FAR_52_225_25 https://www.acquisition.gov/far/part-52#FAR_52_226_2 https://www.acquisition.gov/far/part-52#FAR_52_204_17 https://www.acquisition.gov/far/part-52#FAR_52_204_20 https://www.acquisition.gov/far/part-52#FAR_52_222_18 https://www.acquisition.gov/far/part-52#FAR_52_222_48
__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.
__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).
__ (vii) 52.227-6, Royalty Information.
__ (A) Basic.
__ (B) Alternate I.
__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(a) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201);
except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
SECTION L – INSTRUCTIONS, CONDITIONS, & NOTICES TO OFFERORS
L.1. FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): Federal Acquisition Regulations -https://www.acquisition.gov/FAR/
(End of provision)
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
Number Title Date https://www.acquisition.gov/far/part-52#FAR_52_222_52 https://www.acquisition.gov/far/part-52#FAR_52_223_9 https://www.acquisition.gov/far/part-52#FAR_52_227_6 https://www.acquisition.gov/far/part-52#FAR_52_227_15 https://www.sam.gov/ https://www.acquisition.gov/far/part-4#FAR_4_1201 https://www.acquisition.gov/FAR/
52.204-7 System for Award Management Nov 2024 52.204-22 Alternative Line Item Proposal Jan 2017 52.211-6 Brand Name or Equal Aug 1999 52.215-1 Instructions to Offerors-Competitive Acquisition Nov 2021 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than
Certified Cost or Pricing Data Nov 2021
52.225-10 Notice of Buy American Requirement-Construction Materials May 2014
52.232-13 Notice of Progress Payments Apr 1984 352.239-73 Electronic and Information Technology Accessibility Notice Dec 2015
CLAUSES INCORPORATED IN FULL TEXT
L.2. FAR 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a firm-fixed price contract resulting from this solicitation.
(End of Provision)
L.3. FAR 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS – SECONDARY SITE OF THE WORK
(MAY 2014)
(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.
(End of Provision)
L.4. FAR 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(a) The offeror’s attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for Minority Participation for Each Trade
Goals for Female Participation for Each
Trade 4.1% 6.9%
These goals are applicable to all the Contractor’s construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor’s compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on
(1) its implementation of the Equal Opportunity clause,
(2) specific affirmative action obligations required by the clause entitled “Affirmative Action Compliance Requirements for Construction,’’ and
(3) its efforts to meet the goals.
The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --
(1) Name, address, and telephone number of the subcontractor;
(2) Employer’s identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the “covered area” is Glacier County, Montana.
(End of Provision)
L.4. FAR 52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for proposal submission, may be cause for rejection of the offer.
(b) The offeror shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds --
(1) To unsuccessful offerors as soon as practicable after an award decision has been made; and
(2) To the successful offeror upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3.0M, whichever is less.
(d) If the successful offeror, upon acceptance of its offer by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the offeror, the Contracting Officer may terminate the contract for default.
(e) In the event the contract is terminated for default, the offeror is liable for any cost of acquiring the work that exceeds the amount of its offer, and the bid guarantee is available to offset the difference.
(End of Provision)
L.5. FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from-
Melissa Warmath
OEHE Chief of Acquisitions
Indian Health Service, Division of Engineering Services
1301 Young Street, Suite 840
Dallas, Texas, 75202-5433
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of Provision)
L.6. FAR 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) An organized site visit has been scheduled for-
February 11th, 2025 at 1:00PM MST
(c) Participants will meet at-
Blackfeet Community Hospital, 760 Blackweasel Rd, Browning, MT 59417
(End of Provision) https://www.acquisition.gov/far/52.236-2#FAR_52_236_2 https://www.acquisition.gov/far/52.236-3#FAR_52_236_3
(d) Please email the Contracting Officer at taylor.kanthack@ihs.gov with names of attendees at least 24 hours in advance of the scheduled site visit.
(e) The Government is not responsible for any costs incurred by attendees who go to the project site.
(f) While attendance to the site visit is not mandatory, offerors are urged to inspect the site where work is to be performed and to satisfy themselves as to all general and local conditions which may affect the cost of performance of the contract, to the extent, such information is reasonably obtainable. Offerors should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so shall not relieve Offerors from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government shall assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the solicitation, the specifications, or related documents.
** Individual requests for site visits will not be granted.
L.7. INTERPRETATION OF SOLICITATION - DISCREPANCIES
(a) The Offeror has a duty to inquire and seek clarification concerning possible ambiguities and/or discrepancies. The Order of precedence for resolving any discrepancies among documents is solicitation document, specifications and drawings, descending in that order.
(b) It shall be the obligation of the Offeror to exercise due diligence to discover and to bring to the attention of the Contracting Officer at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated by reference herein. Failure to comply with all obligations shall be deemed a waiver and release of any and all claims for extra costs or delays arising out of such ambiguities, discrepancies, inconsistencies, and conflicts.
(c) 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.
(d) Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must submit a request in writing to the Contracting Officer at taylor.kanthack@ihs.gov. Terms of the solicitation and specification remain unchanged unless the solicitation is amended in writing.
L.8. INQUIRIES (COMMUNICATION WITH THE CONTRACTING OFFICE)
(a) Offerors shall submit all questions concerning this solicitation in writing to both the Contracting Officer at taylor.kanthack@ihs.gov. Questions should be received no later than 10 calendar days prior to the proposal receipt date to allow time for a response. Inquiries or questions received after this date will be at the discretion of the Government. Any responses to questions will be writing included in an amendment to the solicitation, without identifying the questioner. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern evaluation of offers and performance of the contract. Information provided with each question should include a specific page, paragraph, clause or definitive citation requiring clarification or concern.
mailto:taylor.kanthack@ihs.gov mailto:taylor.kanthack@ihs.gov
(b) All inquiry emails shall have the name of firm, address, and contact number included in the text body of the email and be associated with a specific, named individual – first and last name and their position in the firm.
(c) DO NOT directly contact the COR or other Government personnel listed in the Specifications/Drawings. These personnel have been informed to direct all questions by interested offerors to be submitted to the Contracting Officer at taylor.kanthack@ihs.gov.
***L.9. PROPOSAL PREPARATION INSTRUCTIONS***
(a) The offeror’s proposal package shall be submitted electronically in PDF format only. No facsimile or other alternate method of submission will be accepted. Each electronic file submitted as an attachment to an email transmission. Due to file size limitations, each electronic file should be attached to a separate email. Electronic files shall be named as 75H701-25-R-000016, Blackfeet CT Room Renovation (Volume I or Volume II). The named file shall be included in the subject line of the email with the addition of “email X of X” (e.g. email 1 of 2) in the subject line.
*The offeror’s proposal must be submitted in two (2) volumes (see below). Each of the volumes shall be separate and complete so that evaluation of each may be accomplished independently.
I. Volume I - Technical Proposal (Factor 1: Specialized Experience; Factor 2: Technical Approach Narrative; Factor 3: Past Performance; Factor 4: Indian Economic Enterprise Representation)
II. Volume II - Price Proposal (Factor 5)
Late submissions shall be handled in accordance with FAR 52.215-1, INSTRUCTIONS TO OFFERS – COMPETITIVE ACQUISITION (Nov 2021) reference subparagraphs (c)(3)(ii)(A) and (1), and FAR 15.208.
Offerors shall allow sufficient time for electronic submission of proposals. Special attention is called to FAR 15.208 which states, “Any proposal, modification, or revision, that is received at the designated Government office (i.e., email address) in the solicitation after the exact time specified for receipt of proposals is “late” and will not be considered unless it is received before award is made; and (1) If it was transmitted through an electronic commerce method authorized by the solicitation (i.e., email), it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or (2) It is the only proposal received.
It is the Offeror’s responsibility to ensure sufficient time is provided for electronic submission to be processed through the Government’s electronic point of entry.
(b) Due date and Proposal Format. Your proposal shall be submitted via email to taylor.kanthack@ihs.gov at your earliest convenience but no later than the date and time indicated in Section A, block 13a of the SF1442 unless changed by amendment.
Proposals submitted in response to this solicitation shall be formatted as follows below (Volume I (Technical Proposal) and Volume II (Price Proposal). The Contractor's proposal must be supported by necessary documentation to indicate that adequate planning to accomplish the requirement has been done. Failure to address any of the requirements herein may result in rejection of the offeror’s proposal.
(c) Pursuant to FAR 52.204-7 System for Award, all offerors must be registered in System for Award Management (SAM) database. Offeror must have an active SAM registration at the time of the submission of their offer. Failure of an offeror to meet this requirement at the time of proposal submission shall result in the offer being non- responsive to the solicitation. Offerors may obtain information on registration and annual confirmation requirements via the internet at:
https://www.sam.gov.
L.10. GENERAL INSTRUCTIONS
Proposals are expected to conform to solicitation provisions and be prepared in accordance with this section. To aid in evaluation, the proposal shall be clearly and concisely written, neatly presented, indexed (cross-indexed as appropriate), and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date of the offer, and the solicitation number. Each volume shall be clearly marked by volume number and title.
(1) VOLUME I - TECHNICAL PROPOSAL
(i) General.
a) Volume I, Technical Proposal, consists of the offeror's proposal delineating its capabilities and how it intends to perform contract requirements. The Technical proposal will be evaluated in accordance with the criteria contained in Section M.
b) In order that the technical proposal may be evaluated strictly on the merit of the material submitted, no contractual price information is to be included in Volume I. However, the type and quantity of labor and materials is to be included in the Technical Proposal, without any associated cost information.
c) The technical proposal must be legible and not exceed fifteen (15) pages, single-sided, exclusive of Factor 4 submission, which includes past performance questionnaires and/or CPARS. Any pages in excess of fifteen (15) will be disregarded, and will not be included in the proposal evaluation. Failure of the offeror to comply with the page limitations, resulting in the excess pages not being evaluated, shall not constitute grounds for a protest.
If a teaming arrangement or joint venture is being proposed, a copy of the teaming or joint venture agreement(s) shall be included in the technical proposal. These agreements shall not count towards this factor’s page limitation.
d) If an Offeror is utilizing experience or past performance information from any entity that does not match the name, CAGE code, and / or Unique Entity ID (UEI) of the Offeror exactly as stated on the SF 1442 (e.g. affiliates, subsidiaries, parent companies, sister companies, etc.) the proposal shall clearly demonstrate how that entity will have meaningful involvement in the performance of the contract and specifically address which resources are being committed to the contract. Failure to comply with this requirement or failure to adequately demonstrate meaningful involvement and commitment of resources on behalf of that entity may result in that experience and past performance information to be considered not relevant and may result in lower ratings. This explanation shall be provided in paragraph (h) of Attachment J04, Company Specialized Experience Form, as applicable for each project.
https://www.sam.gov/
e) All offerors must be registered in System for Award Management (SAM) database. Offeror must have an active SAM registration at the time of the submission of their offer. Failure of an offeror to meet this requirement at the time of proposal submission shall result in the offer being non- responsive to the solicitation. Offerors may obtain information on registration and annual confirmation requirements via the internet at: https://www.sam.gov.
(ii) Format and Content. Volume I, Technical Proposal, shall include the following contents:
a) Table of Contents
b) List of Tables and Figures
c) Summary of Technical Proposal
d) Technical Proposal (Evaluation Factors 1 – 4)
(iii) Evaluation Factors to be addressed:
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.
At least one (1) of the projects shall demonstrate experience working in a remote location.
a. 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 projects that projects that included renovation projects of similar size in a healthcare facility and similar in size, scope and complexity to the requirements described in this solicitation. “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.
b. 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.).
c. 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.”
d. If using subcontractors for specialized experience, offerors may use no more than 2 https://www.sam.gov/ projects from subcontractors. The requirements in L.11. General Instructions (1) VOLUME I - TECHNICAL PROPOSAL paragraph (i)(d), above, apply to subcontractors and therefore, if an Offeror is utilizing experience or past performance information from any entity that does not match the name, CAGE code, and / or Unique Entity ID (UEI) of the Offeror exactly as stated on the SF 1442 (e.g. affiliates, subsidiaries, parent companies, sister companies, etc.)
the proposal shall clearly demonstrate how that entity will have meaningful involvement in the performance of the contract and specifically address which resources are being committed to the contract.
e. If any of the information required is not included in…
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