75H709OE24-004.pdf

Solicitation No.

75H709OE24-004

Project Title Roof Hail Repairs- Northern Cheyenne Service Unit

SECTION B – CONTINUATION

The Billings Area Indian Health Service in Billings, Montana is acquiring construction services in accordance with the attached technical specifications associated with Request for Quotation (RFQ) 75H709OE24-004 for roof hail repairs at the Northern Cheyenne Service Unit, Lame Deer, Montana.

The procurement is conducted pursuant to the authority of Federal Acquisition Regulation (FAR) Part 13, Simplified Acquisition Procedures and FAR 36, Construction and Architect—Engineer Contracts.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-02.

Set-Aside 100% Small Business set-aside NAICS 238160-Roofing Contractors SB Size Standard $19 Million

1. CONTRACT TYPE

The Billings Area Indian Health Services anticipates awarding a Firm Fixed Priced Purchase Order.

2. PRICE SCHEDULE

DESCRIPTION QUANTITY UNIT ISSUE PRICE

Roof hail repair 1 Job

GRAND TOTAL:

3. PERIOD OF PERFORMANCE / DELIVERY DATE

30 days from date of award.

4. WAGE DETERMINATION:

General Decision Number: MT20240057; Dated 01/05/2024; Construction Type: Building; is applicable to the construction services.

The estimated price range for this project is between $25,000 and $100,000.

Payment protection as referenced in Federal Acquisition Regulation (FAR) 52.228-13, Alternative Payment Protections, must be submitted to this office prior to commencing work.

The contractor is required to obtain registration with the Montana Department of Labor and Industry (DLI).

Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling (406) 444- 7734. Contractor is required to have registered with the DLI prior to bidding on this project. All workers employed by the contractor or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of the Northern Cheyenne Tribe.

TRIBAL REQUIREMENTS and TERO (Tribal Employments Rights Ordinance):

Notice is hereby given that contractors who perform projects within the exterior boundaries of the Northern Cheyenne Indian Reservation, Rosebud County, Montana, must be certified through the TERO Office prior to commencing work. The Contractor is also responsible for payment of any tribal taxes and work permits and compliance with the local tribal employment rights ordinances.

Any questions regarding the above should be directed to the Director, Tribal Employment Rights Office, 1134 Black Kettle Rd, Lame Deer, MT 59043, (406)477-6287.

5. PROJECT COMPLETION:

The project is considered complete when the IHS Project Engineer has certified the final inspection.

6. POINTS OF CONTACT (POC)

Contract Specialist Tanya Schwab Phone: 406-247-7064 Email: tanya.schwab@ihs.gov

Contracting Officer (CO) DeeAndra Salabye Phone: 406-208-8857 Email: deeandra.salabye@ihs.gov

Contracting Officer’s Representative (COR) Ryon Baloo Phone: 406-661-7298 Email: ryon.baloo@ihs.gov

SECTION C – CONTRACT CLAUSES

1. FEDERAL ACQUISITION REGULATION (FAR) CLAUSES

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 address: www.acquisition.gov.

(End of clause)

52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 52.204-13 System for Award Management Maintenance Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov 2015 52.211-5 Material Requirements Aug 2000 52.211-18 Variation in Estimated Quantity – 15% Apr 1984 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items) Dec 2023 52.219-28 Post-Award Small Business Program Rerepresentation Sep 2023

52.222-6 Construction Wage Rate Requirements Aug 2018 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) May 2014 52.222-12 Contract Termination – Debarment May 2014 52.222-13 Compliance with Davis-Bacon and Related Act Regulations May 2014 52.222-14 Disputes Concerning Labor Standards Feb 1988 52.222-15 Certification of Eligibility May 2014 52.222-27 Affirmative Action Compliance Requirements for Construction Apr 2015 52.223-6 Drug-Free Workplace May 2001 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts Aug 2018 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving Jun 2020 52.225-9 Buy American Act—Construction Materials Oct 2022 52.228-5 Insurance—Work on a Government Installation Jan 1997 52.228-12 Prospective Subcontractor Requests for Bonds Dec 2022 52.232-5 Payments under Fixed-Price Construction Contracts May 2014 52.232-23 Assignment of Claims May 2014 52.232-27 Prompt Payment for Construction Contracts Jan 2017 52.236-2 Differing Site Conditions Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work 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 Nov 1991 52.236-21 Specifications and Drawings for Construction Feb 1997 52.236-26 Preconstruction Conference Feb 1995 52.242-14 Suspension of Work Apr 1984 52.243-5 Changes and Changed Conditions Apr 1984 52.246-2 Inspection of Supplies – Fixed-Price Aug 1996 52.246-12 Inspection of Construction Aug 1996 52.246-21 Warranty of Construction Mar 1994 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) Apr 1984 Alternate I (Apr 1984) 52.249-10 Default (Fixed-Price Construction) Apr 1984

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 7 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 one year. The time stated for completion shall include final cleanup of the premises.

52.228-13 Alternative Payment Protections (JUL 2000) (Applicable over $35K)

(a) The Contractor shall submit one of the following payment protections:

(i) A payment bond.

(ii) An irrevocable letter of credit (ILC).

(iii) A tripartite escrow agreement. The prime contractor establishes an escrow account in a federally insured financial institution and enters into a tripartite escrow agreement with the financial institution, as escrow agent, and all of the suppliers of labor and material. The escrow agreement shall establish the terms of payment under the contract and of resolution of disputes among the parties. The Government makes payments to the contractor’s escrow account, and the escrow agent distributes the payments in accordance with the agreement, or triggers the disputes resolution procedures if required.

(iv) Certificates of deposit. The contractor deposits certificates of deposit from a federally insured financial institution with the contracting officer, in an acceptable form, executable by the contracting officer.

(v) A deposit of the types of security listed in 28.204-1 and 28.204-2.

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 15 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

52.247-21 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE (Apr 1984)

The Contractor assumes responsibility for all damage or injury to persons or property occasioned through the use, maintenance, and operation of the Contractor’s vehicles or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents. The Contractor assumes responsibility for any and all damage and/or injury to persons or property resulting from any action of prime contractor and subcontractor employees (at any tier).

The Contractor, at the Contractor’s expense, shall maintain adequate public liability and property damage insurance during the continuance of this contract, insuring the Contractor against all claims for injury or damage.

The Contractor shall maintain Workers’ Compensation and other legally required insurance with respect to the Contractor’s own employees and agents.

The Government shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents in performing under this contract, and the Government shall be indemnified and held harmless against claims for damage or injury in such cases.

1. HHSAR CLAUSES

315.215-70 Late Proposals and Revisions Dec 2015 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations Dec 2015 352.223-70 Safety and Health Dec 2015 352.226-1 Indian Preference Dec 2015 352.226-2 Indian Preference Program Dec 2015 352.226-3 Native American Graves Protection and Repatriation Act Dec 2015 352.232-71 Electronic Submission of Payments Request Feb 2022 352.237-70 Pro-Children Act Dec 2015 352.239-73 Electronic Information and Technology Accessibility Notice Dec 2015 352.239-74 Electronic and Information Technology Accessibility Dec 2015

2. INVOICE SUBMISSION AND PAYMENT

Invoices shall be submitted through the Invoicing Processing Platform (IPP), a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service, in partnership with the Federal Reserve Bank of St. Louis. The use of IPP shall take precedence over previously established invoicing procedures in accordance with HHSAR 352.232-71, Electronic Submission and Processing of Payment Requests”. The IPP website address is: https://www.ipp.gov. If you require assistance registering or require IPP account access, please contact the IPP Helpdesk at (866) 973-3131 (M-F 8AM to 6PM ET), or IPPCustomerSupport@fiscal.treasury.gov.

Payment will be made by the Billings Area Financial Management Branch, P.O. Box 36600, Billings, Montana 59107. Payments are made in arrears.

(End of Local Clause)

3. CONTRACTING OFFICER AUTHORITY:

Authority to negotiate changes in the terms, conditions or amounts cited in this contract is reserved for the Contracting Officer.

SECTION D – DOCUMENTS, EXHIBITS AND ATTACHMENTS

Attachment Number Title Notes 1 Statement of Work (SOW) 2 Wage Rate Determination No.

SECTION E – SOLICITATION PROVISIONS

1. FEDERAL ACQUISITION REGULATION (FAR) PROVISIONS

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 address: www.acquisition.gov.

52.204-7 System for Award management Oct 2018 52.204-16 Commercial and Government Entity Code Reporting Aug 2020 52.215-5 Facsimile Proposals Oct 1997 52.222-5 Construction Wage rate Requirements—Secondary Site of the Work May 2014 52.236-28 Preparation of Proposals – Construction Oct 1997

FAR 52.204-7 System for Award Management (Oct 2018)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

- Provision must be completed and returned with the quote.

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

- Provision must be completed in the vendor’s SAM.Gov profile.

52.204-8 Annual Representations and Certifications. (Mar 2023)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 238610.

(2) The small business size standard is $19.0 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;

(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).

(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 USDA– designated items; or include the clause at 52.223-2, Affirmative Procurement 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 $92,319, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 or more but is less than $100,000, 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:

[Contracting Officer check as appropriate.]

X__ (i) 52.204-17, Ownership or Control of Offeror.

X__ (ii) 52.204-20, Predecessor of Offeror.

__ (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.

__ (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.

(d) 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)

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 General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Ms. Kristen Smith, Senior Contracting Officer, 2900 Fourth Avenue North, Room 304, Billings, Montana 59107.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 Site Visit (Construction) (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) Site visits may be arranged during normal duty hours by contacting:

Name: Ryon Baloo Address: Indian Health Service

2900 Fourth Avenue North Billings, Montana 59107

(406) 661-7298 ryon.baloo@ihs.gov

FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Feb 2021)

- Provision must be completed in the vendor’s SAM.Gov profile.

2. HHSAR PROVISIONS

PROVISIONS INCORPORATED BY REFERENCE

PROVISION Title Date 352.215-70 Late Proposals and Revisions DEC 2015 352.239-73 Electronic Information and Technology Accessibility Notice DEC 2015

SUBMISSION INSTRUCTIONS:

In order to be considered for award, contractor must be able to submit a quote for all items listed. Offerors must submit the following in order to be considered for award:

Specialized Experience:

(1) Offerors are required to submit documentation that demonstrates their ability to perform the work described in this solicitation and demonstrate a minimum of five (5) years’ experience doing work of similar scope and complexity.

(2) Pricing.

Award will be made on the basis of the lowest evaluated price of quotes meeting or exceeding the acceptability standards for non-cost factors.

QUOTE DUE DATE:

All quotes in response to this opportunity are due no later than 4pm MT on February 13, 2024. Quotes will only be accepted via electronic mail and must be emailed to Tanya.schwab@ihs.gov by the closing date.

OFFER ACCEPTANCE:

The offer must stipulate that it is predicated upon all the terms and conditions of this RFQ. In addition, it must contain a statement to the effect that it is firm for a period of at least 60 days from the date of receipt by the Government.