A00001-75H70125R00037.pdf

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

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

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

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

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

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

NUMBER IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

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

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

A00001

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

75H701-25-R-00037

1 3

02/27/2025

02/19/2025

SF30 CONTINUATION OF BOX 14.

Solicitation 75H701-25-R-00037 Amendment A00001 TPPIHC Roof Replacement and Fall Protection

SUMMARY OF CHANGES:

Amendment A00001 to solicitation 75H701-25-R-00037 hereby addresses the following:

1. Corrects the NAICS code from NAICS 238160 - Roofing Contractors to NAICS code 236220 - Commercial and Institutional Building Construction.

Rationale: During the solicitation period, contractors brought to the attention of the CO that this project was being improperly categorized due to the work involving multiple trades other than roofing, and recommended utilizing the general construction NAICS code (236220). Based on feedback from the construction community, the contractors categorized under the special construction NAICS 238160 codes are not general contractors (GCs) who are prime contractors that manage multiple trades and subcontractors; therefore, it was recommended that any construction projects involving multiple trades, regardless of whether it’s roofing, should be categorized under the general construction NAICS code 236220 - Commercial and Institutional Building Construction. In an effort to ensure we receive a qualified contractor for the project, changing the NAICS code while the solicitation is released, rather than cancelling and resoliciting is in the best interest of the government.

2. Updates:

a. SF 1442 Block 10. NAICS code from NAICS 238160 - Roofing Contractors to NAICS code

236220 - Commercial and Institutional Building Construction and the associated size standard for this procurement from $19 million to 45 million.

b. At section L.10. **PROPOSAL PREPARATION INSTRUCTIONS** subsection (d) as follows:

(d)This procurement is a 100% set aside for Indian Small Business Economic Enterprise (ISBEE) businesses. For the purposes of this procurement, a concern is considered a small business if its average annual revenue for the last five (5) years is less than $19 45 million. For information concerning NAICS and SBA size standards, go to http://www.sba.gov.

c. At section L.11. GENERAL INSTRUCTIONS subsection (2) VOLUME II – PRICE (FACTOR 5)

2) Price Proposal under “Certifications and Representations” as follows:

Certifications and Representations: Offeror’s Certifications and Representations will be obtained from the United States federal government’s System for Award Management (SAM) database, prior to award. The Offeror shall ensure information is current in SAM prior to the response due date. The Offeror shall ensure self-certification as small business status under NAICS Code 238160 236220, size standard $19 45 million prior to response due date. Anomalies and inconsistencies found in the Offeror’s Certifications and Representations may result in deeming the Offeror’s proposal non-responsive.

3. Provides Pre-Proposal Inquiries 1 through 4; 4 pages

4. Provides an update list of clauses and sections throughout the solicitation and as follows:

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)), and Amendment 1 to HHS FAR Class Deviation 2025-02 (re Executive Order (EO) 14148, “Initial Rescissions of Harmful Executive Orders and Actions,” which revoked EO 14057 and Section 2 of EO 14208, “Ending Procurement and Forced Use of Paper Straws."

http://www.sba.gov/

SF30 CONTINUATION OF BOX 14.

TPPIHC Roof Replacement and Fall Protection

(CAAC Letter 2025-02 Supplement 1)) the following FAR Provisions and Clauses have been updated or deleted as indicated:

a. Updates:

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. 52.223-10 Waste Reduction Program (MAY 2024) (DEVIATION FEB 2025) (Section I.1)

vi. 52.223-23, Sustainable Products and Services (MAY 2024 (DEVIATION FEB 2025)) (Section I.1)

vii. 52.244-6, Subcontracts for Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025) (Section I.1)

b. Deletes:

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)

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 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications— Commercial Products and Commercial Services as well as 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 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.

The clauses above can be viewed utilizing the following link until they are incorporated into the FAR:

https://www.acquisition.gov/caac-letters

5. The proposal due date/time remains unchanged. Proposals are due by March 20, 2025, at 2:00

PM MST.

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

https://www.acquisition.gov/caac-letters

Amendment 1 under Solicitation 75H701-25-R-00037 TPPIHC Roof Replacement and Fall Protection

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING

SERVICE

PRE-PROPOSAL INQUIRIES

Solicitation 75H701-25-R-00037

PROJECT: TPPIHC Roof Replacement and Fall Protection

LOCATION: 1090 Goat Springs Road Taos, NM 87571

DOCUMENT

OWNER: Joshua VanSkike PHONE: 240-485-7526

Item No. COMMENTS IHS Approved Response

1. “My main concern is the NACIS code for Acquisition. The code used is 238160 Roofing. The job includes more then roofing. We believe it should be NAICS code 236220. Being there is demolition, stucco, rough carpentry, gutter, downspouts, sheet metal, metal fabrication, electrical, site work, safety specialties, roof accessories, plumbing, painting, and other trades involved. The Second concern is the job magnitude is up to 5 million. A roofing contractor that’s a small business under the 19 million will not be able to handle a job of this size and magnitude. The roofing contractors don’t usually do general contracting and/or work with multiple trades. The third concern is the NAICS restriction will produce no ISBEE contractors capable of the small business size standard and/or any ISBEE roofing contractor capable to complete the project. . And then eventually the project will be moved from a ISBEE to a full and open. Due to the lack of ISBEE respondents and restriction from the NAICS code.

Is it possible to change the NAICS code to correctly identify ISBEE general contractors that are capable of completing this type of project? If so, it will bring more ISBEE contractors to the projects RFP and produce a competitive response.”

See, Solicitation Amendment 1.

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING

SERVICE

PRE-PROPOSAL INQUIRIES

Solicitation 75H701-25-R-00037

PROJECT: TPPIHC Roof Replacement and Fall Protection

LOCATION: 1090 Goat Springs Road Taos, NM 87571

DOCUMENT

OWNER: Joshua VanSkike PHONE: 240-485-7526

2. Regarding the Bond, is the requirement that both the Prime and subcontractor have the bond? Or just the subcontractor needs the bond?

Since the question didn’t specify bid bonds or payment/performance bonds, the following answers both:

Regarding bid bonds, pursuant to solicitation provision L.4. FAR 52.228-1 Bid Guarantee, as stated in Section L of the solicitation, bid bonds are required from the prime contractor who is submitted the proposal. (Refer to provision for specifics) Regarding payment and performance bonds, pursuant to FAR Clause 52.228-15 Performance and Payment Bonds-Construction, the successful offeror, or the prime contractor shall furnish payment and performance bonds. (Refer to clause for specifics) The prime contractor is responsible for the bonds. The FAR (Federal Acquisition Regulation) allows alternative bond protections for contracts less than $150k; but for federally funded construction contracts, they require bonds from the prime contractor.

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING

SERVICE

PRE-PROPOSAL INQUIRIES

Solicitation 75H701-25-R-00037

PROJECT: TPPIHC Roof Replacement and Fall Protection

LOCATION: 1090 Goat Springs Road Taos, NM 87571

DOCUMENT

OWNER: Joshua VanSkike PHONE: 240-485-7526

3. Is Site visit on March 05, 2025, Mandatory? Please review all of solicitation section L.7. FAR 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) and specifically subsection (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.”

4. Is this Solicitation 100% reserved for Tribal Indian owned Contractors/Entities only?

The solicitation is 100% set aside for Indian Small Business Economic Enterprise (ISBEE) businesses. Please also see attachment to the solicitation, “J06 IHS IEE Representation Form” for a definition of an “Indian Economic Enterprise” (HHSAR 326.601)

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

Solicitation Number: 75H701-25-R-00037

1090 Goat Springs Road Taos, NM 87571

SITE VISIT: March 5, 2025 @ 10:00 AM Local Time (L.7.) unless changed by Amendment

PROPOSAL DUE DATE: March 20, 2025, 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.

This page is not included in page count.

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

75H70125R00037

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

Project: AQ22TS003, Taos-Picuris Pueblos Indian Health Center (TPPIHC) Roof Replacement and Fall Protection

Location: 1090 Goat Springs Road, Taos, NM 87571

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

This project will be procured as a 100% Indian Small Business Economic Enterprise (ISBEE) set-aside under North American Industry Classification System (NAICS) code 236220 - Commercial and Institutional Building Construction. The associated size standard for this procurement is $45 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 (240) 485-7526 or joshua.vanskike@ihs.gov

AQ22TS003

1 5502/19/2025

3/20/2025

2:00PM

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

IHS Albuquerque Area Attn: Finanace Office 4101 Indian School Rd NE, Suite 225 Albuquerque, NM 87110-3988

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

CLIN 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 the TPPIHC Roof Replacement and Fall Protection, 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.

END OF SECTION

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

STATEMENT OF WORK

Construction Services for Taos-Picuris Roofing Replacement and Fall Protection Project Project AQ22TS003

Taos-Picuris Service Unit

I. GENERAL:

The Taos-Picuris Pueblos Indian Health Center (TPPIHC) is currently experiencing aging and maintenance issues with their current roofing system. The system has project specifications and construction drawings as developed by bws Architects. The work is to be performed at: 1090 Goat Springs Road, Taos, New Mexico, 87571.

II. PROJECT DESCRIPTION:

A. Title: Taos-Picuris Roofing Replacement and Fall Protection Project

B. Description of the Work: The Contractor shall furnish the necessary construction services, labor, equipment, materials and transportation to complete the Scope of Work.

1. Drawings issued for Construction, September 12, 2023. (See, attachment J01 Drawings).

2. Project Specifications issued for Construction, September 12, 2023. (See, attachment J01a Specification).

C. Demolition:

1. Demolition will follow the Demolition Plan as shown in the Drawings issued for Construction, September 12, 2023. (See, attachment J01a Specification).

2. The contractor shall remove all existing materials demolished from the site to an off-site solid waste disposal at the contractor’s expense.

3. The contractor shall at the end of the construction project submit a manifest of waste disposal chronicling the total solid waste disposed, location and total weight (mass).

D. Warranty: See Attachment J01a Specification

III. PERIOD OF PERFORMANCE:

A. The period of performance will be: 180 calendar days for construction. Any changes to the approved construction schedule shall be submitted for review not less than 5 days ahead of schedule.

B. As-builts red-lines shall be maintained during construction and submitted at the end of the construction period of performance. Submit with Final pay application.

C. Submittals shall be submitted by the contractor for all materials under this work.

IV. COORDINATION WITH OWNER:

A. Full Owner Occupancy: Owner will occupy site and adjacent building(s) during entire construction period. Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner and patient usage. Perform the Work so as not to interfere with Owner's day-to-day operations. Maintain all existing pedestrian and vehicle exits as part of the approved Traffic Control Plan (TCP) or as conditions dictate.

B. Staging and Storage Areas: The Contractor is allowed to utilize a limited portion of the existing parking lots, for the storage of equipment and materials. The Contractor shall protect all new roadways from damage caused by their equipment and shall repair or pay for the repair of any damaged roads, curbs and sidewalks. The Contractor shall be responsible for all security of his equipment and materials. The Contractor shall be responsible for complying with all OSHA standards for the safe storage of equipment and materials, including the safe handling of flammable liquids under 29 CFR 1926.152(a).

C. Utility Mark-Up: The Contractor is responsible for contacting NM One-Call for utility markup before beginning any excavation work.

D. Contractor to develop a phasing plan of construction during the design phase and obtain concurrence from the owner.

V. WORK RESTRICTIONS:

A. General: Comply with limitations concerning the use of public streets and with other requirements of authorities having jurisdiction.

B. On-Site Work Hours: Working hour limitations may be imposed by the COR upon the Contractor at the pre-construction conference or during construction.

C. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after providing temporary utility services according to requirements indicated:

1. Notify Owner not less than three business days in advance of proposed utility interruptions.

2. Obtain Owner's written permission before proceeding with utility interruptions.

D. Noise, Vibration, and Odors: Coordinate operations that may result in high levels of noise and vibration, odors, or other disruption to Owner occupancy with Owner.

1. Notify Owner not less than three business days in advance of proposed disruptive operations.

2. Obtain Owner's written permission before proceeding with disruptive operations.

E. Contractor and its subcontractors are not permitted to use the Owner’s sanitation facilities. The Contractor shall provide and maintain necessary sanitary conveniences (porta-potties) for its employees throughout the duration of the Work. These shall be located away from public observation to the maximum extent possible.

F. Smoking is not permitted anywhere on the project site.

G. Controlled Substances: Use of tobacco products and other controlled substances on Project site is not permitted.

H. Work shall be performed in strict accordance with all terms, conditions, specifications, schedules and drawings. Performance shall be in accordance with the requirements, conditions, terms and representations contained in this solicitation, any pertinent OSHA Occupational and Safety regulations, and any State and/or local regulations, laws and codes.

I. The Contractor shall at all times keep the work area and adjoining areas free from accumulation of excess materials, except in areas that have been approved for stockpiling removed materials. At the completion of the Work, the Contractor shall remove all waste materials and rubbish from the project site as well as all equipment.

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.

SECTION E – INSPECTION AND ACCEPTANCE

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

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

Number Title Date 52.246-12 Inspection of Construction Aug 1996

E.2. INSPECTION OF SITE

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

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

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

E.3. INSPECTION AND ACCEPTANCE

All work under this contract is subject to inspection and final acceptance by the Contracting Officer or the duly authorized representative of the government. The Government’s Contracting Officer’s Representative (COR) is a duly authorized representative of the government and is responsible for inspection and acceptance of all items to be delivered under this contract.

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

(a) Substantial Completion Inspection

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

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

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

(4) If at the time of the substantial completion inspection the Government finds that the Contractor will not have the project complete at the contract completion date, the CO will withhold 10% of any progress payment due the Contractor. These funds will be used to off-set any liquidated or actual 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.

END OF SECTION

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 180 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.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1. CONTRACTING OFFICER

The Contracting Officer (CO) is the individual appointed with the authority to enter into, obligate funds, administer and make related determinations pertaining to the contract on behalf of the federal Government. The Contracting Officer must sign all contractual documents, including contract modifications, and approve payment requests. The Contracting Officer is the only individual authorized to make changes to the contract.

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

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

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

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

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

G.3. ADDRESS FOR CORRESPONDENCE

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

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

(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” http://www.ipp.gov/ clause must be submitted with the request for final payment. A sample format is available from the Contracting Officer.

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

G.5. PAYMENT FOR MATERIALS STORED ON SITE

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

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

(1) The contractor shall furnish the contracting officer a list of the major high-cost items to be incorporated into the contract and for which payment, prior to installation, will be requested. Those items approved by the contracting officer will be entered on the Schedule of Values, as a percentage factor, or factors if items are listed individually.

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

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

(i) Certified paid vendor invoices

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

(iii) Accepted delivery tickets, if applicable.

(4) All material for which payment is requested shall be delivered to an approved location on-site, and 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.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H…