Sections_B_-_M.doc
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- Attached to
- Roof Replacement Federal contract opportunity
- Solicitation number
- A15PS00751
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Sections B - M
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TABLE OF CONTENTS
SECTION B -- Supplies or Services and Prices
Unit Price Bid Schedule
SECTION C -- Descriptions and Specifications
Statement of Work
SECTION E -- Inspection and Acceptance
| E.1 |
| 52.246-12 Inspection of Construction August 1996 |
| E.2 |
| 52.246-21 Warranty of Construction March 1994 |
SECTION F -- Deliveries or Performance
| F.1 |
| 52.211-10 Commencement, Prosecution, and Completion of Work April 1984 |
| F.2 |
| 52.211-13 Time Extensions September 2000 |
| F.3 |
| 52.211-18 Variation in Estimated Quantity April 1984 |
| F.4 |
| 52.242-14 Suspension of Work April 1984 |
SECTION G -- Contract Administration Data
SECTION H -- Special Contract Requirements
SECTION I -- Contract Clauses
| I.1 |
| 1452.204-70 Release of Claims--Department of the Interior (Deviation) July 1996 |
| I.2 |
| 1452.215-70 Examination of Records by the Department of the Interior (Deviation) April 1984 |
| I.3 |
| 1452.224-01 Privacy Act Notification (Deviation) July 1996 |
| I.4 |
| 1452.226-70 Indian Preference (Deviation) April 1984 |
| I.5 |
| 1452.226-71 Indian Preference Program (Deviation) April 1984 |
| I.6 |
| 1452.228-70 Liability Insurance (Deviation) July 1996 |
| I.7 |
| 1452.236-70 Prohibition Against Use of Lead-based Paint (Deviation) July 1996 |
| I.8 |
| 1452.280-2 Notice of Indian Economic Enterprise Set-Aside (Deviation) July 2013 |
| I.9 |
| 1452.280-3 Subcontracting Limitations (Deviation) July 2013 |
| I.10 |
| 52.203-03 Gratuities April 1984 |
| I.11 |
| 52.203-05 Covenant Against Contingent Fees May 2014 |
| I.12 |
| 52.203-07 Anti-Kickback Procedures May 2014 |
| I.13 |
| 52.203-08 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity May 2014 |
| I.14 |
| 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014 |
| I.15 |
| 52.203-12 Limitation on Payments to Influence Certain Federal Transactions October 2010 |
| I.16 |
| 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of |
Whistleblower Rights April 2014
| I.17 |
| 52.204-01 Approval of Contract December 1989 |
| I.18 |
| 52.204-04 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May 2011 |
| I.19 |
| 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards July 2013 |
| I.20 |
| 52.204-12 Data Universal Numbering System Number Maintenance December 2012 |
| I.21 |
| 52.204-13 System for Award Management Maintenance July 2013 |
| I.22 |
| 52.209-06 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or |
Proposed for Debarment August 2013
| I.23 |
| 52.209-9 Updates of Publicly Availanble Information Regarding Responsiblity Matters July 2013 |
| I.24 |
| 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations December 2014 |
| I.25 |
| 52.211-18 Variation in Estimated Quantity April 1984 |
| I.26 |
| 52.214-29 Order Of Precedence--Sealed Bidding January 1986 |
| I.27 |
| 52.219-08 Utilization of Small Business Concerns October 2014 |
| I.28 |
| 52.219-14 Limitations on Subcontracting November 2011 |
| I.29 |
| 52.222-03 Convict Labor June 2003 |
| I.30 |
| 52.222-04 Contract Work Hours and Safety Standards Act - Overtime Compensation May 2014 |
| I.31 |
| 52.222-06 Construction Wage Rate Requirements May 2014 |
| I.32 |
| 52.222-07 Withholding of Funds May 2014 |
| I.33 |
| 52.222-08 Payrolls and Basic Records May 2014 |
| I.34 |
| 52.222-09 Apprentices and Trainees July 2005 |
| I.35 |
| 52.222-10 Compliance with Copeland Act Requirements February 1988 |
| I.36 |
| 52.222-11 Subcontracts (Labor Standards) May 2014 |
| I.37 |
| 52.222-12 Contract Termination-Debarment May 2014 |
| I.38 |
| 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations May 2014 |
| I.39 |
| 52.222-14 Disputes Concerning Labor Standards February 1988 |
| I.40 |
| 52.222-15 Certification of Eligibility May 2014 |
| I.41 |
| 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 May 2014 |
| I.42 |
| 52.222-21 Prohibition of Segregated Facilities April 2015 |
| I.43 |
| 52.222-26 Equal Opportunity April 2015 |
| I.44 |
| 52.222-27 Affirmative Action Compliance Requirements for Construction April 2015 |
| I.45 |
| 52.222-35 Equal Opportunity for Veterans July 2014 |
| I.46 |
| 52.222-36 Affirmative Action For Workers with Disabilities July 2014 |
| I.47 |
| 52.222-37 Employment Reports Veterans July 2014 |
| I.48 |
| 52.222-50 Combating Trafficking in Persons March 2015 |
| I.49 |
| 52.222-54 Employment Eligibility Verification August 2013 |
| I.50 |
| 52.223-02 Affirmative Procurement of Biobased Products Under Service and |
Construction Contracts September 2013
| I.51 |
| 52.223-06 Drug-Free Workplace May 2001 |
| I.52 |
| 52.223-15 Energy Efficiency in Energy Consuming Products December 2007 |
| I.53 |
| 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Conracts May 2008 |
| I.54 |
| 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving August 2011 |
| I.55 |
| 52.225-09 Buy American Act - Construction Materials May 2014 |
| I.56 |
| 52.225-11 Buy American-Construction Materials under Trade Agreements May 2014 |
| I.57 |
| 52.225-13 Restrictions on Certain Foreign Purchases June 2008 |
| I.58 |
| 52.225-14 Inconsistency between English Version and Translation of Contract February 2000 |
| I.59 |
| 52.227-01 Authorization and Consent December 2007 |
| I.60 |
| 52.228-02 Additional Bond Security October 1997 |
| I.61 |
| 52.228-05 Insurance - Work on a Government Installation January 1997 |
| I.62 |
| 52.228-11 Pledges of Assets January 2012 |
| I.63 |
| 52.228-12 Prospective Subconractor Requests for Bonds May 2014 |
| I.64 |
| 52.228-13 Alternative Payment Protections July 2000 |
| I.65 |
| 52.228-14 Irrevocable Letter of Credit November 2014 |
| I.66 |
| 52.228-15 Performance and Payment Bonds—Construction October 2010 |
| I.67 |
| 52.229-03 Federal, State, and Local Taxes February 2013 |
| I.68 |
| 52.232-05 Payments under Fixed-Price Construction Contracts May 2014 |
| I.69 |
| 52.232-16 Progress Payments April 2012, ALT I March 2000 |
| I.70 |
| 52.232-17 Interest May 2014 |
| I.71 |
| 52.232-18 Availability of Funds April 1984 |
| I.72 |
| 52.232-23 Assignment of Claims May 2014 |
| I.73 |
| 52.232-27 Prompt Payment for Construction Contracts May 2014 |
| I.74 |
| 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration July 2013 |
| I.75 |
| 52.232-39 Unenforceability of Unauthorized Obligations June 2013 |
| I.76 |
| 52.232-40 Providing Accelereated Pyaments to Small Business Subcontractors December 2013 |
| I.77 |
| 52.233-01 Disputes May 2014, ALT I December 1991 |
| I.78 |
| 52.233-03 Protest after Award August 1996 |
| I.79 |
| 52.233-04 Applicable Law for Breach of Contract Claim October 2004 |
| I.80 |
| 52.236-02 Differing Site Conditions April 1984 |
| I.81 |
| 52.236-03 Site Investigation and Conditions Affecting the Work April 1984 |
| I.82 |
| 52.236-05 Material and Workmanship April 1984 |
| I.83 |
| 52.236-06 Superintendence by the Contractor April 1984 |
| I.84 |
| 52.236-07 Permits and Responsibilities November 1991 |
| I.85 |
| 52.236-08 Other Contracts April 1984 |
| I.86 |
| 52.236-09 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements April 1984 |
| I.87 |
| 52.236-10 Operations and Storage Areas April 1984 |
| I.88 |
| 52.236-11 Use and Possession Prior to Completion April 1984 |
| I.89 |
| 52.236-12 Cleaning Up April 1984 |
| I.90 |
| 52.236-13 Accident Prevention November 1991 |
| I.91 |
| 52.236-14 Availability and Use of Utility Services April 1984 |
| I.92 |
| 52.236-15 Schedules for Construction Contracts April 1984 |
| I.93 |
| 52.236-16 Quantity Surveys April 1984 |
| I.94 |
| 52.236-17 Layout of Work April 1984 |
| I.95 |
| 52.236-21 Specifications and Drawings for Construction February 1997 |
| I.96 |
| 52.236-26 Preconstruction Conference February 1995 |
| I.97 |
| 52.242-13 Bankruptcy July 1995 |
| I.98 |
| 52.243-04 Changes June 2007 |
| I.99 |
| 52.243-05 Changes and Changed Conditions April 1984 |
| I.100 |
| 52.244-06 Subcontracts for Commercial Items April 2015 |
| I.101 |
| 52.248-03 Value Engineering-Construction October 2010 |
| I.102 |
| 52.249-02 Termination for Convenience of the Government (Fixed-Price) May 2004, ALT I September 1996 |
| I.103 |
| 52.249-10 Default (Fixed-Price Construction) April 1984 |
| I.104 |
| 52.252-02 Clauses Incorporated By Reference February 1998 |
| I.105 |
| 52.252-04 Alterations in Contract April 1984 |
| I.106 |
| 52.252-06 Authorized Deviations in Clauses April 1984 |
| I.107 |
| 52.253-01 Computer Generated Forms January 1991 |
SECTION J -- List of Documents, Exhibits and Other Attachments
SECTION K -- Representations, Certifications and Other Statements of Offerors
| K.1 |
| 1452.280-4 Indian Economic Enterprise Representation (Deviation) July 2013 |
| K.2 |
| 1452.280-2 Notice of Indian Economic Enterprise Set-Aside (Deviation) July 2013 |
| K.3 |
| 52.203-02 Certificate of Independent Price Determination April 1985 |
| K.4 |
| 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions |
September 2007
| K.5 |
| 52.204-08 Annual Representations and Certifications December 2014 |
| K.6 |
| 52.209-02 Prohibition on Contracting with Inverted Domestic Corporation – Representation December 2014 |
| K.7 |
| 52.209-05 Certification Regarding Responsibility Matters April 2010 |
| K.8 |
| 52.219-01 Small Business Program Representations October 2014 |
| K.9 |
| 52.219-02 Equal Low Bids October 1995 |
| K.10 |
| 52.222-22 Previous Contracts And Compliance Reports February 1999 |
| K.11 |
| 52.222-38 Compliance with Veterans' Employment Reporting Requirements September 2010 |
| K.12 |
| 52.223-01 Biobased Product Certification May 2012 |
| K.13 |
| 52.233-04 Recovered Material Certification May 2008 |
| K.14 |
| 52.225-20 Prohibition on Conducting Operations in Sudan – Certification August 2009 |
| K.15 |
| 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran |
– Representation and Certifications December 2012
SECTION L -- Instructions, Conditions and Notices to Bidders
| L.1 |
| 1452.233-02 Service of Protest--Department of the Interior (Deviation) July 1996 |
| L.2 |
| 1452.280-2 Notice of Indian Economic Enterprise Set-Aside (Deviation) July 2013 |
| L.3 |
| 52.204-07 System for Award Management July 2013 |
| L.4 |
| 52.214-03 Amendments to Invitations for Bids December 1989 |
| L.5 |
| 52.214-04 False Statement in Bids April 1984 |
| L.6 |
| 52.214-05 Submission of Bids March 1997 |
| L.7 |
| 52.214-06 Explanation to Prospective Bidders April 1984 |
| L.8 |
| 52.214-07 Late Submissions, Modifications, and Withdrawals of Bids November 1999 |
| L.9 |
| 52.214-18 Preparation of Bids—Construction April 1984 |
| L.10 |
| 52.214-34 Submission of Offers in the English Language April 1991 |
| L.11 |
| 52.214-35 Submission of Offers in U.S. Currency April 1991 |
| L.12 |
| 52.216-01 Type of Contract April 1984 |
| L.13 |
| 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment For Construction |
February 1999
| L.14 |
| 52.225-10 Notice of Buy American Act Requirement - Construction Materials May 2014 |
| L.15 |
| 52.225-12 Notice of Buy American requirement – Construction Materials Under Trade Agreements May 2014 |
| L.16 |
| 52.233-02 Service of Protest September 2006 |
| L.17 |
| 52.236-27 Site Visit (Construction) February 1995 |
| L.18 |
| 52.252-01 Solicitation Provisions Incorporated By Reference February 1998 |
| L.19 |
| 52.252-03 Alterations in Solicitation April 1984 |
| L.20 |
| 52.252-05 Authorized Deviations In Provisions April 1984 |
SECTION M -- Evaluation Factors for Award
| M.1 |
| 52.214-19 Contract Award-Sealed Bidding-Construction August 1996 |
IFB / A15PS00751
SECTION B
SUPPLIES OR SER ICES AND PRICES
1452.280-1
NOTICE OF INDIAN SMALL BUSINESS ECONOMIC ENTERPRISE SET-ASIDE
(JUL 2013). Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian economic enterprises (Subpart 1480.8) that are also small business concerns. Any acquisition resulting from this solicitation will be from such a concern. Offers received from enterprises that are not both Indian economic enterprises and small business concerns will not be considered and will be rejected.
CONTRACTOR____________________________________________
DUNS#_______________________________
E-MAIL ADDRESS_______________________________________
PHONE #________________________________________
REQUIREMENT:
Warehouse Roof, Sherman Indian High School, Building 22, Sherman Indian High School, 9010 Magnolia Avenue, Riverside, Riverside County, CA 92503
ESTIMATED PROJECT PRICE RANGE: Under $110,000.00
APPLICABLE DAVIS BACON WAGE DETERMINATION: CA150036, 05/08/2015, CA36
BID SCHEDULE
The bid must be submitted on this Bid Schedule, without modification or alteration to this Bid Schedule.
The bid price is to be inclusive of all costs for the requirement, including but not limited to, all applicable taxes (Federal & State), roofing materials & supplies, FOB Destination shipping costs, disposal costs, labor & supervision, permits & fees, bonds, etc.
Warehouse Roof, Sherman Indian High School, Building # 22
SECTION C
DESCRIPTION / SPECFICATIONS
STATEMENT OF WORK
BUILDING 22 ROOFING
SHERMAN INDIAN HIGH SCHOOL (SIHS)
RIVERSIDE, RIVERSIDE COUNTY, CA 92503
PROJECT DESCRIPTION
The project consists of the removal and disposal of existing roof asbestos containing roofing and replacement of roof with approximately 5,400 sq. ft. of single ply roofing system at Sherman Indian High School, Building 22, located on the school campus at 9010 Magnolia Avenue, Riverside, California.
SCOPE OF SERVICES
Contractor shall furnish all technical, supervisory, and administrative personnel to ensure the expeditious accomplishment of the work. Additionally, contractor shall furnish all necessary services, labor, supplies, materials, equipment, investigations, studies, travel, and all costs associated with this project.
The project consists of: 1) Completely, remove and dispose of a 5,400 square foot of 3 existing roof systems & layer of plywood to the wood deck. Existing roof contains asbestos and require abatement by a certified abatement contractor. 2) Install one new 60 mil Thermoplastic PVC Roofing membrane.
Install 1 layer of ¼” gypsum coverboard. Install single –ply 60 mil Thermoplastic PVC roofing membrane over gypsum cover board. Hot air seam weld and mechanically fasten roof membrane system that for a 15-year No Dollar Limit (NDL) warranty. Install flashing, drains, walls, curbs, and vent pipes as required for a watertight roof. Install new clad metal edge rake and eaves. Remove all soffit & facia. Replace in like kind. Repair roof deck that is rooted with like in kind.
Contractor shall comply with applicable Federal, tribal or State health and Safety Standards.
The Contractor shall accept directions only from the Contracting Officer or the duly authorized Contracting Officer’s Representative (COR). Requests or desires of the Occupying Program User made directly to the Contractor will be immediately brought to the attention of the COR. Any changes to the project scope or other provisions of the Statement of Work (SOW) must be authorized in writing by the Contracting Officer.
TEMPORARY FENCING AND STORAGE
Contractor shall install and maintain temporary fencing around the contractor's staging area. The temporary fencing shall be of sufficient strength and height to keep unauthorized personnel from accessing construction activities, materials and equipment storage, and provide on-site dumpster for waste materials as necessary. The temporary fencing shall remain in place and be maintained until the project is completed.
DISPOSAL OF DEMOLISHED MATERIALS
Remove debris, rubbish and other materials resulting from demolition and removal operations from site. Transport and legally dispose of materials off site. Debris disposal shall be the responsibility of the contractor. The contractor shall make arrangements for disposal of all construction debris, and non-asbestos containing building materials. Use of explosives and burning of razed materials shall not be permitted on project site.
The contractor shall determine if hazardous materials (lead-based paints, Possible Asbestos Containing Materials) reside in the building’s structure, components, or assemblies based upon a site survey/inspection. The removal and disposal of hazardous materials shall comply with applicable regulations, laws and ordinances. Proper environmental and safety procedures shall be followed concerning removal, disposal and handling to prevent environmental pollution and protection against exposure.
CLEAN-UP, ACCIDENT PREVENTION AND REPAIRS
In compliance with FAR 52.236-12 “Cleaning Up”, the contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials.
Upon completion of roofing project, remove all tools, equipment and keep the site clean.
In compliance with FAR 52.236-13 “Accident Prevention”, (a) The Contractor shall provide and maintain work environments and procedures which will— (1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities; (2) Avoid interruptions of Government operations and delays in project completion dates; and (3) Control costs in the performance of this contract.
In complaince with FAR 52.236-9 “Protection of Existing Vegetation, Structures, Equipment, Utilities, and Imnprovements”, the contactor shall repair damaged areas due to demolition performed in excess of that repaired. Structures and surfaces shall be returned to condition existing prior to commencement of selective demolition work. The contractor shall repair adjacent construction or surfaces soiled or damaged by selective demolition work. The contractor shall daily ensure all nails are removed from grounds and roads.
REQUIRED BACKGROUND INVESTIGATION FOR THE ON-SITE SUPERINTENDENT
See Section H “Special Contract Requirements”.
a. Upon issuance of an approved contract, the selected contractor will work with the COTR to obtain the CNACI background clearance, or provide existing CNACI clearance information.
b. The Contractor must have a minimum of one person in supervisory capacity overseeing field work/employees, and must have a favorable CNACI background clearance during the duration of this project. Individual may be a superintendent, project manager, lead foreman, and/or supervisor, (or other similar field supervisory classification.
c. The background investigation may take up to 90 calendar days or longer to be completed.
d. Notice to Proceed shall be issued after a postiive result is obtained to the Background Investigation.
PERFORMANCE PERIOD: 30 Calendar Days from Notice to Proceed Date.
SITE OBSERVATION VISIT / INSPECTION
Contractors are encouraged to schedule an on-site assessment to determine existing conditions and building layout. Contractor shall verify all items of work and notify the COR of any discrepancies or concerns prior to performing any work.
To schedule a site visit, contact:
Mr. Leroy Tewahaftewa, Facility Manager
Sherman Indian High School (SIHS)
9010 Magnolia Avenue
Riverside, California 92503
Phone: 951-276-6326 Cell Phone 951/ 722-1264 Fax: 951-276-6338
Email: leroy.tewahaftewa@bie.edu
QUESTIONS DURING THE SOLICITATION PHASE
Potential Offerors shall submit in writing to Paul Robinson, Contracting Officer, any and all technical questions regarding the project via email address paul.robinson@bia.gov. Written questions must be submitted no later than 14 calendar days prior to the closing date (bid opening date).
SECTION E
INSPECTION AND ACCEPTANCE
E.1 52.246-12 Inspection of Construction
August 1996
(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
(c) Government inspections and tests are for the sole benefit of the Government and do not— (1) Relieve the Contractor of responsibility for providing adequate quality control measures; (2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance; (3) Constitute or imply acceptance; or (4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.
(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.
(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
(g) If the Contractor does not promptly replace or correct rejected work, the Government may— (1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or (2) Terminate for default the Contractor’s right to proceed.
(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.
(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.
E.2.
52.246-21 Warranty of Construction
March 1994
(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.
(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.
(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of— (1) The Contractor’s failure to conform to contract requirements; or (2) Any defect of equipment, material, workmanship, or design furnished.
(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.
(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.
(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.
(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall— (1) Obtain all warranties that would be given in normal commercial practice; (2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and (3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.
(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.
(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.
(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.
SECTION F
DELIVERIES OR PERFORMANCE
F.1 52.211-10 Commencement, Prosecution, and Completion of Work
April 1984 The Contractor shall be required to (a) commence work under this contract within TEN (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 THIRTY (30) CALENDAR DAYS .* The time stated for completion shall include final cleanup of the premises.
* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.
F.2 52.211-13 Time Extensions
September 2000 Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.
F.3 52.211-18 Variation in Estimated Quantity April 1984 If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.
F.4 52.242-14 Suspension of Work April 1984
(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.
(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.
(c) A claim under this clause shall not be allowed— (1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and (2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.
SECTION G
CONTRACT ADMINISTRATION DATA
G.1
GOVERNMENT ADMINISTRATION PERSONNEL
CONTRACT ADMINISTRATION - BUREAU OF INDIAN AFFAIRS
a.
Mr. Paul James Robinson, Contracting Officer
BIA-Western Regional Office - Division of Acquisition
2600 N. Central Avenue, 4th Floor
Phoenix, Arizona 85004-3050
Telephone No.: 602/ 379-4482 Facsimile No.: 602/ 379-6763
E-mail address: paul.robinson@bia.gov Potential Offerors shall submit in writing to Paul Robinson, Contracting Officer, any and all technical questions regarding the project via email address paul.robinson@bia.gov. Written questions must be submitted no later than 14 calendar days prior to the closing date (bid opening date).
G.2
CONTRACTING OFFICER'S REPRESENTATIVE (COR)
Designed COR:
Mr. Leroy Tewahaftewa, Facility Manager
Sherman Indian High School (SIHS)
9010 Magnolia Avenue
Riverside, California 92503
Phone: 951-276-6326 Cell Phone 951/ 722-1264 Fax: 951-276-6338
Email: leroy.tewahaftewa@bie.edu
The above identified Contracting Officer's Representative (COR) will represent the Contracting Officer in the technical phase of the work. The COR's duties, responsibilities, and limitations of authority will be set forth in a written COR designation letter. A copy of the COR designation letter will be made available to the Contractor.
The COR is not authorized to make any changes to the terms and conditions of this contract. Only the Contracting Officer is authorized to make any changes to the contract by a properly written signed modification to the contract.
The Contracting Officer is the only official who can legally obligate the Government for expenditure of public funds.
G.3
AUTHORITIES AND LIMITATIONS
(a) All work shall be performed under the authority exercised by the Contracting Officer who has been appointed in accordance with the requirements of the Department of the Interior Acquisition Regulation (DIAR) 1401.603 (48 CFR 1401.603).
(b) The Contracting Officer may designate other Government employees to act as authorized representatives in administering this contract in accordance with the requirements of DIAR 1401.670 (48 CFR 1401.670). Any designation shall be made to the authorized representative by an appointment memorandum signed by the Contracting Officer which contains the scope and limitations of authority delegated for purposes of administering this contract. A copy of the memorandum, and any revisions to it, shall be provided to the Contractor which shall acknowledge receipt.
(c) The Contractor shall, without unnecessary delay, comply with any written or oral direction of the contracting officer or authorized representative(s) acting within the scope and authority of their appointment memorandum. Such orders or direction include, but are not limited to, instructions, interpretations, approvals, or rejections associated with work under this contract including requirements for submission of technical data, shop drawings, samples, literature, plans, or other data required to be approved by the Government under this contract.
(d)(1) If the Contractor receives direction for work under this contract (including any written or oral orders it regards as a change order under the Changes clause of this contract) and it considers such direction to have been issued without proper authority (including instances where it believes delegated authority has been exceeded), it shall not proceed with the direction and shall notify the Contracting Officer within five (5) working days of receipt of the direction. On the basis of the most accurate information available to the Contractor, the notice shall state- (i) The date, nature, and circumstances of the direction received; (ii) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such direction; (iii) The identification of any documents and the substance of any oral communication involved in such direction; (iv) The contract line items or other contract requirements that may be affected by the alleged direction including any suspected delays or disruption of performance; and (v) Any other information considered pertinent.
(2) Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform under this paragraph prior to receipt of the Contracting Officer's determination issued under paragraph (e) of this clause.
(e) The Contracting Officer shall promptly, after receipt of any notice made under paragraph (d) of this clause, respond to the notice in writing. The response shall -- (1) Confirm that the direction contained in the Contractor's notice was unauthorized and either authorize it by appropriate contract modification or countermand it; (2) Deny that the direction contained in the Contractor's notice was outside the scope and limitations of the authority of the authorized representative who gave the direction and direct the Contractor to proceed immediately with the direction received or, when necessary, direct the mode of further performance; or (3) In the event the information contained in the Contractor's notice is inadequate to make a decision under subparagraphs (e)(1) or (2) of this clause, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.
(f) A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
G.4
INVOICE AND PAYMENT
DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) April 2013 Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts.
The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice [CO to edit and include the documentation required under this contract]: Contractors shall attach a hard copy of their invoice in IPP when submitting invoices via IPP. Invoices will be rejected if no invoice is attached.
The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
SECTION H
SPECIAL CONTRACT REQUIREMENTS
1.
BACKGROUND INVESTIGATION: Contractor Background Investigation (On-Site Superintendent)
a. Upon issuance of an approved contract, the selected contractor will work with the COR to obtain the CNACI background clearance, or provide existing CNACI clearance information.
b. The Contractor must have a minimum of one person in supervisory capacity overseeing field work/employees, and must have a favorable CNACI background clearance during the duration of this project. Individual may be a superintendent, project manager, lead foreman, and/or supervisor, (or other similar field supervisory classification c.
The Background Investigation for the On-Site Superintendent may take up to 90 calendar days or longer to obtain a positive result.
d.
Notice to Proceed shall be issued after a positive result is obtained.
2.
1450-0016-001 Homeland Security Presidential Directive -12 (HSPD-12)
August 2004 Contractor Personnel Security and Suitability Requirements
Performance of this contract requires contractor personnel to have a Federal government-issued Personal Identity Verification (PIV) credential before being allowed unsupervised access to a DOI [facility and/or information system]. The Contracting Officer's Representative (COR) or Contracting Officer's Technical Representative (COTR) will be the requesting official, and will make arrangements through a DOI Access Card Sponsor for personal identity verification and DOI Access Card issuance.
At least two weeks before start of contract performance, the Contractor must identify all contractor and subcontractor personnel who will require [physical and/or logical] access for performance of work under this contract. Physical Access means routine, unescorted or unmonitored access to non-public areas of a Federally-controlled facility. Logical Access means routine unsupervised access to a Level 3 or 4 Federally controlled information system. The Contractor must make their personnel available at the place and time specified by the COR/COTR or DOI Access Card Sponsor in order to initiate screening and background investigations. The following forms and inquiries, or their equivalent, will be used to initiate the credentialing process:
o OPM Standard Form 85 or 85P o OF 306 o National Criminal History Check (NCHC) (local procedures may require the fingerprinting to done at a police station; in this case, any charges are to be borne by the contractor) o Release to Obtain Credit Information o PIV card application (web-based)
Before starting work under this contract, a National Criminal History Check (NCHC) will be initiated to verify the identity of the individual applying for clearance and to determine the individual's suitability for the position. If the NCHC adjudication is favorable, a DOI Access Card will be issued for that individual. If the adjudication is unfavorable, the credentials will not be issued and the contractor must make other arrangements for performance of the work. In the event of a disagreement between the Contractor and the Government concerning the suitability of an individual to perform work under this contract, DOI shall have the right of final determination.
Contractor employees must give, and authorize others to give, full, frank, and truthful answers to relevant and material questions needed to reach a suitability determination. Refusal or failure to furnish or authorize provision of information may constitute grounds for denial or revocation of credentials. Government personnel may contact the contractor personnel being screened or investigated in person, by telephone or in writing, and the Contractor must ensure they are available for such contract.
Alternatively, if an individual has already been credentialed by another agency through OPM, and that credential has not yet expired, further investigation may not be necessary. In that case, the contractor must provide the COR/COTR with documentation that supports the individual's credentialed status.
Contractor employees who have been successfully adjudicated will be issued DOI Access Cards, which must be activated at a USAccess Credentialing Center. Those Contractor employees not located within a reasonable travel time of a USAccess Credentialing Center will be screened and issued alternate credentials, such as temporary access badges.
During performance of the contract, the Contractor must keep the COR/COTR apprised of changes in personnel to ensure that performance is not delayed by compliance with credentialing processes. Cards that have been lost, damaged, or stolen must be reported to the COR/COTR and Issuing Office within 24 hours. If reissuance of expired credentials is needed, it must be coordinated through the COR/COTR.
At the end of contract performance, or when a contractor employee is no longer working under this contract, the Contractor must ensure that all identification cards are returned to the COR/COTR.
3.
REQUIREMENTS FOR EXECUTION OF SURETY BONDS
Each surety company bond (bid, performance and payment) which purports to have been executed by an agent or attorney-in-fact, for the corporate surety, is required to have submitted with it a power of attorney to the signatory agent or attorney-in-fact, and executed by the corporate surety upon a date reasonably approximate to the date to the bond. Such power of attorney shall in each instance be retained with the bond.
4.
BOND REQUIREMENTS
NO BID BOND IS REQUIRED.
Payment and Performance Bonds ARE REQUIRED in compliance with FAR 52.228-15 “Performance and Payment Bonds – Construction”.
Performance and Payment Bonds are required within 15 days after award of the contract, the Contractor shall execute and furnish two bonds, each with good and sufficient surety or sureties acceptable to the Government; namely, a Performance (Standard Form 25) and a Payment Bond (Standard Form 25A). The penal sums of such bond will be as follows:
(a) Performance Bond - The amount of the performance bond shall be 100% of the original contract price for Schedule A.
(b) Payment Bond - The amount of the payment bond shall be 100% of the original contract price for Schedule A.
(c) Individual Surety - The bidders shall comply with FAR Clause 52.228-11, Pledges of Assets.
(d) Third Party Indemnification Agreements. The bidder shall furnish a copy of any indemnification agreements that it entered into in order to secure the bonds required by the solicitation by the time set for bid opening. If an indemnification agreement was not required in order for the bidder to obtain the required bonds, an affidavit to that effect shall be provided by the surety along with the bid bond by the time set for bid opening. Failure to furnish a copy of the required indemnification agreement or the surety's affidavit may cause the bid to be rejected.
5.
NOTICE TO PROCEED
The contractor’s On-site Supervisor For planning purposes is required to obtain a postive result on the background investigation. Upon obtain the positive result, the Government shall issue Notice to Proceed, with all work to be completed THIRTY (30) calendar days thereafter.
6.
MODIFICATION PROPOSAL - COST BREAKDOWN
The Contractor, in connection with any proposal he makes for a contract modification, shall furnish a price breakdown, itemized as required by the Contracting Officer (CO). Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment, subcontract, and overhead costs, as well as profit, and shall cover all work involved in the modification, whether such work was deleted, added, or changed. Any amount claimed for subcontractors shall be supported by a similar price breakdown. In addition, if the proposal includes a time extension, a justification thereof shall also be furnished. The proposal, together with the price breakdown and time extension justification, shall be furnished by the date specified by the Contracting Officer.
7.
PROHIBITION ON TEXTING WHILE DRIVING
Special attention is directed to FAR Clause 52.223-18 "Encouraging Contractor Policies to Ban Text Messaging While Driving", and to the DOI Policy - "Prohibition on Texting While Driving". The Executive Order requires Federal agencies to take steps to encourage Federal contractors, subcontractors, recipients, and sub recipients of financial assistance to adopt and enforce their own policies that ban employees from texting while driving GOVs or company-owned, company-leased, or company-rented vehicles or while driving POVs on official Government business or when performing work for, or on behalf of, the Government. Those entities are further encouraged to educate their employees and to urge voluntary compliance with a texting ban for off-duty employees.
8.
CONTRACTOR SAFETY PROGRAM REQUIREMENTS
The Contractor shall establish a safety program, which is consistent with FAR Clause 52.236-13 and also shall include at a minimum the following requirements:
(a) Safety Program Submittal: Within 10 days following the awarding of a contract, the Contractor shall submit in writing to the Contracting Officer's Representative (COR) a proposed comprehensive safety program for approval. The Contractor's safety program shall detail policies, procedures and plans that will be implemented to ensure the safety and health of employees and visitors at the job site. The Contractor shall prepare a list of major hazards associated with the contract work and provide in the safety program means to minimize the hazards.
(b) Pre-Construction Safety Meeting: Representative of the Contractor shall meet with Contracting Officer's Representative and CO prior to the start of construction to review the safety program and discuss implementation of health and safety provisions pertinent to the work under contract. The Contractor should be prepared to discuss, in detail, the measures to be taken to control the hazards associated with the major phases of the work under contract. This meeting shall be devoted mainly to a discussion of the manner in which the Contractor intends to administer the health and safety program, delegation of responsibility for implementing the program, and a determination of what shall be presented in the written safety program.
(c) Contractor Housekeeping Requirement: See FAR 52.236-12 “Cleaning Up” - Good housekeeping, including provision and facilities for routine scrap removal, shall be maintained in all areas within the Contractor's scope of operation. Any and all garbage shall be stored and removed daily to an approved dump site as specified by the permitting Agency. The construction yard(s) shall be restored to their natural condition or better as required by the permitting requirements and in accordance with State, and Federal law (i.e. applicable OSHA construction standards).
(d) Contractor Contamination Requirement: Handling, storage, and disposal of toxic materials of any nature shall be carried out in a manner so as not to contaminate or pollute public and/or private property, water supplies, rivers, lakes, reservoirs, streams, or the atmosphere. Disposal of all materials, including waste, garbage, and sewage, shall comply with all local, state, and federal regulations (i.e. Clean Air and Water Acts).
9.
DETERMINATION AND EXTENSION OF CONTRACT TIME
(a) The calendar days, stated under Section F.3 - FAR 52.211-10, allowed for the performance of the contract is based upon the work to be performed and weather conditions that are normally anticipated in the area that may prevent work. Request for time extensions because of weather conditions shall not be granted except in the case of unusually severe weather or "Act of Nature" unanticipated by this contract.
10.
PLANS AND SPECIFICATIONS
(a) Due to excessive costs incurred by the Government in printing, the Government will no longer be providing plans and specifications for its projects to suppliers and/or subcontractors.
(b) Any Prime Contractor bidding on Government contracts is responsible for providing its Subcontractors and Suppliers with information relating to their respective disciplines for cost proposals. Any misinterpretation or incorrect bids made to the Prime Contractor by the Subcontractor or Suppliers will not relieve the prime Contractor of his obligation to the contract or his bid proposal.
11.
AVAILABILITY OF RECORDS
The Contracting Officer and other authorized Government officials shall have access to all records of the Contractor and subcontractors relating to personnel, payrolls, invoices of materials, and any and all other data relevant to the performance of the contract.
12.
FINAL INSPECTION, SUBSTANTIAL COMPLETION, AND ACCEPTANCE OF COMPLETED WORK
In conformity and supplemental to contract clause 52.236-11 “Use and Possession Prior to Completion”, the Contractor shall request in writing for a final inspection. The Contractor shall advise the Contracting Officer that all the materials have been furnished, all the work has been performed, and all the construction provided for by the contract has been completed in accordance with its terms. The Contractor shall be ready for final inspection in order that necessary arrangements can be made.
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