B01 24R00030.pdf

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

SEATTLE

Solicitation Number 75H70124R00030

Lawton Modular Building Site Lawton, OK

PROJECT TABLE OF CONTENTS:

Section Taxonomy Section A Standard Form 1442, Solicitation, Offer, and Award Section B Schedule of Items / Price Schedule Section C Description and Specification (Statement of Work) Section D Packaging and Markings 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 Documents, Exhibits Section K Representations and Certifications Section L Instruction, Conditions and Notices Section M Evaluation Factors for Award

This page is not included in page count

(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.

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

75H70124R00030

TBD

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

Project: OK8LAA01HB Lawton Modular Building Site

Location(s): Lawton Indian Hospital - 1515 NE Lawrie Tatum Rd, Lawton, OK 73507

This RFP is being solicited as a total small business set-aside under NAICS 236220 Commercial and Institutional Building Construction.

Size standard $45M. See Section M.

Estimated Magnitude of Construction is between $250,000.00 and $500,000.00, reference FAR 36.204.

U.S. Department of Labor Wage Determination: See Attachment 1.

Site Visit: See Section L FAR 52.236-27, Site Visit Construction.

TERO is applicable. See Section H.35.

See Item 7

TBD

Thupten Tsering 206-615-2452

OK8LAA01HB

1 475/8/2024 local time 6/7/2024

12:00PM

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.7

See Item 7 IHS - Oklahoma City 73114, 701 Market Dr Oklahoma City, OK 73131

Thupten Tsering

75H70124R00030 Lawton Modular Building Site 3

SECTION B. PRICE SCHEDULE

B.1. PRICE SCHEDULE (Offeror fill-in)

CLIN DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE

The contractor shall provide all labor, materials, supplies, and services to complete work for project OK8LAA01HB Lawton Modular Building Site in accordance with the SOW, specifications, drawings, and other documents incorporated into this contract.

1 LS

KEY: LS = Lump Sum

SCHEDULE NOTES

B.2. Definitions: For purposes of this solicitation, the terms Offer, Offeror, or Offerors are synonymous with the terms Bid, Bidder, or Bidders.

B.3. Incidental Payment Items: The intent of this effort is to provide for the complete work of the project described in Section C.

Unless specifically directed otherwise, the contractor shall furnish all labor, materials, equipment, tools, transportation, supplies, and services, and perform all work required to complete the project in accordance with the drawings, specifications, and provisions of the contract. Payment for contract work will be made for and under those pay items included in the Price Schedule (which is the sum total Firm-Fixed Price (FFP) of the contract). All other work and materials will be considered as incidental to and included in the payment for items shown

B.4. Taxes & Fees: Offerors are responsible for allowing for all applicable state, local and tribal (where applicable) taxes and fees within their proposals and to perform their own due diligence in ascertaining them. The contractor is responsible to pay all applicable Tribal fees and/or 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.5. Pricing Data Submission: In accordance with FAR 15.403-3(a)(ii), Requiring Data Other Than Certified Cost or Pricing Data, the Contracting Officer may request, and offerors must be prepared to submit, pricing data to show a further breakdown of costs for the above CLIN(s). 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 must have the direct labor cost and the direct material cost broken out.

B.6. Wage Determination: Davis-Bacon wages shall be paid for all applicable labor categories for each price schedule line item and should be included in all pricing in accordance with FAR 52.222-6, Construction Wage Rate Requirements. The applicable Wage Determination is included as Attachment 1 in Section J.

B.7. HHSAR 352.232-71, Electronic Submission of Payment Requests (MAR 2022): This clause has been added in full text at Section I.

B.8. Other 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.

END OF SECTION

75H70124R00030 Lawton Modular Building Site 4

SECTION C. STATEMENT OF WORK

Solicitation No: 75H70124R00030 Project Name: OK8LAA01HB Lawton Modular Building Site Project Location: Lawton Indian Hospital. Lawton, OK Project No: OK8LAA01HB

1. Project Description/Introduction A. The Lawton Indian Hospital (LIH) is a modern facility with 26 beds and a staff over 30 full time credentialed providers. The facility offers inpatient care including general surgery, gynecology, internal medicine, and pediatrics, as well as outpatient services in medicine, dentistry, nursing, pharmacy, radiology, laboratory, nursing, optometry, podiatry, and audiology to name a few. There is also a community health staff of nurses, educators, social workers, and environmental health specialists. The hospital provides over 800 admissions and 100,000 outpatients per year. Improving Patient Care is a central theme. The Patient Centered Medical Home model is followed to provide care to over 23,000 active patients.

The Indian Health Service (IHS), Oklahoma Area Office, Division of Facilities Engineering (DFE) and the LIH, is requesting for civil site preparation construction services for a new estimated 9,600 square feet (sq. ft.) single story Modular Office Building (MOB). The MOB is anticipated to be complete in late September or Early October 2024.

The project is located at the Lawton Indian Health Center, 1515 NE Lawrie Tatum Rd, Lawton, OK 73507. The proposed MOB site is located south of the existing Main Hospital Facility building. The modular building will provide conference and educational space for the hospital and additional office space for some of the administrative departments of the hospital (e.g. HR, some of admin, etc.). It will free up space inside of the hospital to be converted over to clinical space.

2. Scope of Work/Objective A. The SOW encompasses earthwork per geotechnical report, site preparation for proper grading and drainage per approved and stamped civil site plan, placing a 6-inch concrete footing and slab per approved and stamped structural plan. Exterior improvements, and site utilities construction services in preparation for a new 9,600 sq. ft single story Modular Office Building installation. This project will not install the building.

B. The hospital will remain operational during the course of this project. Contractor shall coordinate all work and schedules with the COR and Facility Manager.

C. Work for this project is not anticipated to begin until August 2024.

3. Tasks/Deliverables

A. Contractor will provide a drainage plan for the existing area to provide adequate drainage around the new modular building and other existing modular buildings. This will eliminate the potential ponding in the area. The drainage plan will include the stamped design and drawings from a licensed civil engineer.

B. Contractor will provide a six-inch concrete slab per foundation recommendations of the Geotechnical report from ESC Southwest, LLP (ESC Project Number 58:1771, January 2, 2024). The concrete slab will include the stamped design and drawings from a licensed structural engineer.

C. Contractor will prepare the foundation and drainage per approved drawings and geotechnical recommendations.

D. Contractor shall be responsible for all aspects of preparing area of work for site preparation, including demolition and removal of existing soil, and furnishing all labor and materials to perform work as required:

a. General and Administrative

i. Contractor shall provide their own Personal Protective Equipment (PPE), Lockout / Tag-out equipment, infection control barriers, vehicles barriers, and any other safety related supplies, materials, and equipment to perform this job.

ii. Contractor shall provide a dumpster for the removal of debris, material, and waste for the duration of the project and dispose of according to State, Federal, and EPA regulations. At least 50% of recyclable

75H70124R00030 Lawton Modular Building Site 5 materials shall be recycled. Location of the dumpster shall be coordinated with the hospital Facility Manager.

iii. Contractor shall provide portable chemical toilets as needed for this project.

iv. Contractor shall clean Work areas daily. Keep Work area, and public access areas free from accumulations of waste materials. Contractor shall remove trash daily. Construction waste shall be transported in tightly covered containers to minimize spreading of dirt and debris associated with construction.

v. Upon completion of the work, Contractor shall remove barrier material carefully to minimize the spreading of dirt and debris associated with construction.

b. Demolition and Disposal

i. Contractor shall clean driveways, curbs, and parking lot areas from excess mud, gravel, and other debris.

4. Deliverables A. List of Deliverables

Task End Result/Deliverable Schedule/Milestone

Pre-Construction Meeting

1 Schedule – Gant Chart or Bar Chart

Submitted first draft before Notice to Proceed (NTP), and update within 7-days from NTP. Monthly update required before each progress meeting.

2 List of On-Site and Key Personnel

At pre-construction meeting, provide a list of Contractor’s staff and Sub-Contractor listing.

Contractor shall update list when changes occur.

3 Project Specific Safety Plan Prior to mobilization.

4 Construction Quality Control Plan Within 7-days from NTP

5 Infection Control/Risk Assessment

Coordinate with Hospital Facility Manager. Complete within 1-week after pre-construction meeting.

6 Submittal Register Deliver at pre-construction meeting.

7 Schedule of Values Deliver at pre-construction meeting.

Progress Meetings and Correspondence

8 Daily Progress Reports Daily to COR and CO.

9 Weekly Meeting

Superintendent shall meet with Facility Manager to let him know what work is being planned for the

75H70124R00030 Lawton Modular Building Site 6 upcoming week so he can coordinate with hospital staff.

10 Monthly Progress Meetings Monthly.

Construction

11 Update Progress Schedule

Weekly. Provide with progress payments at the monthly progress meetings.

12 Submittals As required.

13 Shop Drawings As required.

14 RFIs As required.

15 SDSs As required.

16 Test Results As required.

Completion of Project

17 Punch List Substantial Completion

18 Punch List Beneficial Occupancy

19 Final Punch List Final Completion

O&M and Training

20 Operations & Maintenance Manuals Substantial Completion

21 Training Schedule after Approval of O&M Manuals

As-Built Drawings & Project Records

22 Redline Construction Drawings End of Project

23 Redline Shop Drawings End of Project

24 All Testing Certifications for Project End of Project

25 All RFIs for Project End of Project

26 Roof – Special Warranty End of Project

Warranties

27 Warranties Substantial Completion

Payments

28 Progress Payments Every 30-calendar days at each monthly progress meeting.

29 Schedule of Values Attachment to progress payment request.

30 Release of Claims Attachment with Final Payment

75H70124R00030 Lawton Modular Building Site 7

a. Submittals

i. Submittals may be shop drawings, product data, cut-sheets of equipment, material samples, sketches, manufacturer’s literature, catalog descriptions, or other description sufficient in detail for review and action to allow a decision by COR. COR shall respond within 7 business days.

ii. Contractor shall maintain a submittal log with the date submitted for review, the date received back, and action taken. A copy of the submittal log will be provided at the monthly progress meeting for review.

iii. Substitutions or deviations not approved by the COR risk rejection. Submittals and Safety Data Sheets (SDS) for chemicals and materials shall not be used until approved.

b. RFI

i. If the Contractor desires an explanation or interpretation of the contract or drawings, etc., the request must be submitted in writing as a Request for Information (RFI) to the COR and CO via electronic format.

ii. Contractor shall maintain a log, numbered sequentially, of all RFIs submitted, the date submitted, and the date an answer was provided. A copy of the RFI log will be provided at the monthly progress meeting for review.

c. Warranty

i. Warranty shall continue for a period of 1-year from the date of final acceptance of the work.

d. Transmittals

i. The contractor shall provide 2 hard copies of each deliverable, and one electronic version.

5. Progress/Compliance/Inspection A. The Government requires the following from contractors in order to monitor progress and ensure compliance:

a. Progress Meetings

i. COR will coordinate with Contractor in scheduling and administer the construction progress meetings throughout the Construction Phase.

ii. Meetings shall be held monthly with additional meetings to be held as required. Meetings shall be held on site, and will cover topics pertinent to progress and completion of construction. COR shall draft report of meeting and send to Contractor, CO, and other pertinent staff.

iii. Weekly meetings shall be held each week with the Facility Manager on site to discuss weekly status, accomplishments, planned activities for the week, and issues that need coordination.

b. Inspections

i. Government shall inspect regarding quality assurance and remedies regarding non-conforming work.

c. Contractor – Signing In/Out

i. Contractor shall coordinate with the hospital Facility Manager on the signing in/out and scheduling of

Contractor’s staff and sub-contractors in order to maintain efficient use of traffic-flow, parking, access to building and locked areas.

d. Life Safety and Infection Control

i. Before any construction or services are to be performed within the hospital, the Contractor is 100% responsible for implementing and maintaining all Safety and Infection Control Measures during performance of their contract.

ii. Initial and periodic inspection will be conducted by the COR, Safety Officer, and/or Infection Control Officer. Any life safety or infection control deficiencies will have to be immediately corrected by Contractor.

75H70124R00030 Lawton Modular Building Site 8

iii. Contractor is responsible for implementing all safety and infection control measures to ensure these measures meet OSHA, NFPA Codes, ASHRE, and Joint Commission standards during the course of this project.

e. Risk Assessment – Hospital Policy

i. Contractor shall read and agree to all of the health safety regulations needed for this job. Control risk assessment per type of project of activity per matrix of precaution for construction and renovation - Type 1-5. Facility Manager will provide a copy of policy “Infection Control during Construction and Renovation, Part H, Chapter 4, Section 7.0

6. References A. Existing As-Builts

As-built prints for plumbing, sewer, HVAC, fire sprinkler system, fire alarm system, building construction, etc. are available for review. Coordinate with hospital Facility Manager. The Central Sterile Department is located in the healthcare occupancy section of the hospital.

B. Quality of Workmanship All work must conform to, and comply with, the latest edition and version of ALL applicable codes including, but not limited to, OSHA, NFPA, IBC, FGI Guidelines for Design and Construction of Health Care Facilities 2014 edition, and Joint Commission Codes, Standards and Guidelines for Hospitals (CAMH).

7. Security Requirements A. Contractor shall abide by all Safety, Security and Infection Control Policies and Procedures of the Pawnee Indian Hospital.

B. Contractor shall comply with security requirements including personal identification. Contractor shall be responsible for providing each of their employee with an ID badge. ID badge shall be worn at all times when performing work during the course of this project.

8. Point of Contact – To be added at award

9. Tobacco Free Campus: The Lawton Indian Hospital is a tobacco free campus. No smoking is permitted on the campus grounds.

75H70124R00030 Lawton Modular Building Site 9

SECTION D. PACKAGING AND MARKING

All shipments of materials, equipment and/or supplies to the project site must be addressed to the contractor and not the Indian Health Service. Preservation, packaging and packing must 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.

Equipment and materials provided by the contractor must be new and, where appropriate, must arrive on-site sealed in original manufacturer’s containers. The Government reserves the right to refuse any items it determines to not meet these requirements.

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 COR.

75H70124R00030 Lawton Modular Building Site 10

SECTION E. 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 order.

The following clauses are incorporated by reference (see FAR 52.252-2):

FEDERAL ACQUISITION REGULATION (FAR)

CLAUSE

TITLE DATE

52.246-12 Inspection of Construction AUG 1996

75H70124R00030 Lawton Modular Building Site 11

SECTION F. DELIVERIES OF 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 52.242-14 Suspension of Work Apr 1984

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 I complete the entire work within 60 calendar days of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises. Performance time will include submittals and approvals.

(End of Clause)

F.2. SUPERINTENDENT ON SITE

The contractor shall ensure that the Project Superintendent is on site at all times work is being performed by the contractor or subcontractor(s). They shall directly oversee all apprentice and subcontractor work. The Project Superintendent is also responsible to ensure all labor and safety requirements are complied with; and ensure that the worksite is cleaned up at the end of each work day.

All communications between the I and contractor concerning the day-to-day workmanship on the project will be handled through the Project Superintendent and they must have the authority to act on behalf of the Contractor in all contractual matters.

F.3. REMOVAL OF PERSONNEL

The Contracting Officer may require the contractor to remove from the job any employee who endanger persons or property; those who manufacture, distribute, dispense, possess or use controlled substances at the worksite (FAR 52.223-6, Drug-Free Workplace);

and those whose continued employment under this contract is inconsistent with the interest of security or for any and all other reasons as determined by the Contracting Officer as objectionable.

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

75H70124R00030 Lawton Modular Building Site 12

SECTION G. CONTRACT ADMINISTRATION DATA

G.1. CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

G.2. CONTRACTING OFFICER’S REPRESENTATIVE

(a) [TO BE ASSIGNED BY SEPARATE LETTER AT CONTRACT AWARD] is hereby designated as the Contracting Officer’s Representative (COR). The COR may be changed at any time by the Government without prior notice to the Contractor by a unilateral modification to the contract. The COR is located at: see separate letter at contract award

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the Contractor.

G.3. 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 proposal with value(s) for each principal category of the work which when added together equal the total contract price. A sample format is available from the Contracting Officer upon request. 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 included and shall be at least 20 percent of the mobilization cost. 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 Designated Billing Office. Use of a format that complies with all of the requirements of the “Payments” clause of the contract is mandatory. A sample format is available from the Contracting Officer.

75H70124R00030 Lawton Modular Building Site 13

(2) The contractor is responsible for delivery of each request for payment to the billing office. Hand delivery to the COR in the field does not constitute delivery to the billing office.

(3) If the contractor wishes to inquire concerning the status of any pay request, the contractor should contact the billing office.

(4) A completed Release of Claims that complies with the requirements of the “Payments” clause must be submitted with the request for final payment. A sample format is available from the Contracting Officer.

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

G.4. CERTIFICATION OF PAYMENTS – RELEASE OF CLAIMS (ROC)

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.5. INVOICE REQUIREMENTS

(a) Invoices must be prepared and submitted and will be 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 (Mar 2022)

(b) The Designated Billing Office for this contract is the same as the address for correspondence, sent to the attention of the Contracting Officer. The first invoice for payment shall be sent via e-mail to the COR and CO for processing and approval prior to IPP submittal.

(c) Progress payments will be authorized for this project.

(d) The final invoice must be marked “Final” and be accompanied by a Release of Claims form, which states 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.

(e) The contractor will contact the Designated Billing Office 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.6. ADDRESS FOR CORRESPONDENCE

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

Most correspondence should be sent via email directly to the Contracting Officer and COR. If sending documents via postal mail, include the Contract Number on all correspondence. Overnight Mail and U.S. Mail must be sent to the Contracting Officer, unless otherwise specified, at the following address:

Andrew Hart

75H70124R00030 Lawton Modular Building Site 14

Indian Health Service 701 5th Ave. STE 1600 Seattle, WA 98104

75H70124R00030 Lawton Modular Building Site 15

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H.1. SUBCONTRACTS

(a) Nothing contained in the contract shall be construed as creating any contractual relationship between any subcontractor and the Government. The divisions or sections of the specifications are not intended to control the contractor in dividing the work among subcontractors, or to limit the work performed by any trade.

(b) The contractor shall be responsible to the Government for acts and omissions of his own employees, and of subcontractors and their employees. He shall also be responsible for the coordination of the work of the trades, subcontractors, and suppliers.

(c) The Government will not undertake to settle any differences between or among the contractor and his subcontractors or suppliers.

(d) The contractor shall, without additional expense to the Government employ specialty subcontractors where required by the specifications. “Specialty Subcontractors,” when specified as a requirement, means a subcontractor regularly engaged in the manufacture or installation of the contract items. The specialty subcontractor shall select and combine the materials involved, maintain and have available for the purpose, workmen skilled in the specified work. The specialty subcontractor shall be the manufacturer, be licensed by the manufacturer as an installer, or work under direct supervision of the manufacturer.

H.2. SUBCONTRACTING

(a) In connection with the performance of work under this contract, the contractor shall not subcontract with any subcontractor who, at the time of subcontract award, is listed as an excluded party within the System for Award Management (SAM) unless otherwise authorized by the Government in accordance with Subpart 9.4 of the Federal Acquisition Regulations.

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

(c) In the event of the contractor’s noncompliance with the foregoing requirements, the Government may terminate this contract for default or take other appropriate action, including, but not limited to, requiring the contractor to terminate any such subcontract and substitute an eligible subcontractor in lieu thereof, at no increase in the contract price or time for performance.

(d) The term “subcontractor,” as used in this clause, shall mean the individual or firm with whom the contractor proposes to enter into a subcontract for manufacturing, fabricating, installing, or otherwise performing work under this contract.

(e) Within ten days after contract award, the contractor shall furnish to the Contracting Officer in writing a list of all subcontractors scheduled to perform work under the contract on Form SF-1413.

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

H.3. STANDARD REFERENCES

(a) Any materials, equipment, or workmanship specified by reference to the number, symbol, or title of any specific standard shall comply with the latest edition or revision thereof, and any amendment or supplement thereto, in effect on the date of the solicitation, except as limited to type, class or grade, or modified in the specifications.

(b) Standards referred to in the plans and specifications, except as modified, shall have full force and effect as though printed in the plans and specifications.

(c) The contractor shall maintain on the site, a complete current set of manufacturers’ and standards referenced from work under the contract.

H.4. WORK HOURS AND ACTIVE GOVERNMENT OPERATIONS

Normal work days and hours are Monday through Friday, 8:00 am to 5:00pm excluding federal holidays for occupied facilities and no set times or days for unoccupied spaces. After hour work must be approved by the COR. The contractor shall notify the COR a minimum of 72 hours in advance of arriving on site to complete work and check in with the COR upon arrival. A minimum of 72 hours of advance notice is required for special request to work outside of normal work hours.

Note: Four (4) day work weeks will be considered upon written request and must be clearly identified in the project schedule.

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(a) The Government only recognizes the following legal holidays established by federal statue:

New Year's Day January 1 Birthday of Martin Luther King, Jr. Third Monday in January Washington’s Birthday Third Monday in February Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

(b) Any of the legal holidays falling on Saturday will be observed on the preceding Friday; legal holidays falling on Sunday will be observed on the following Monday.

(c) The contractor should not perform work on observed legal holidays unless authorized by the Contracting Officer. In the event work is authorized on observed legal holidays, the contractor shall pay all applicable overtime and/or holiday pay rates required by law.

H.5. MATERIALS ON SITE

Unless otherwise provided in the specifications or drawings, materials removed and not reused under the contract shall become the property of the contractor. The contractor shall remove the materials from the work site. Storage or sale of the materials on the site will not be permitted.

H.6. OPERATION AND STORAGE AREAS

Reference FAR 52.236-10 Operations and Storage Areas. The contractor shall coordinate its operations and storage with the COR.

H.7. ACCIDENT PREVENTION

Reference FAR 52.236-13 Accident Prevention. The contractor shall submit for approval a written Safety and Accident Prevention Plan showing how they will comply with FAR 52-236-13. The contractor shall also designate in writing the individual who is responsible for identifying and correcting safety hazards or violations on the job site.

H.8. AVAILABILITY OF UTILITY SERVICES

Reference FAR 52.236-14 Availability and Use of Utility Services. The Government anticipates that the proposed work will place a small demand on available utility services and therefore will not charge the contractor for their use.

H.9. PRECONSTRUCTION CONFERENCE

Reference FAR 52.236-26 Preconstruction Conference. The Contracting Officer will conduct a preconstruction conference. Location is TBD upon award, but will most likely be at the site. The Contracting Officer, COR, and contractor are required to participate. The Contracting Officer may designate required attendance for subcontractors. The Contracting Officer and COR may attend the conference via conference or video call.

H.10. TRUCKING

(a) All trucks, bringing to or removing from the site, earth, loose materials, or debris shall be loaded in a manner to prevent dropping of materials on streets.

(b) At all points, where trucks leave the project site and enter adjacent paved streets, the contractor shall maintain an installation and crew to prevent any mud from being carried onto such adjacent paved streets.

(d) Earth, loose materials, or debris deposited on the streets due to contract trucking activities shall be removed daily.

H.11. SALVAGE

The Government does not assume responsibility for any loss or damage to materials removed and not reused under the contract that become the property of the contractor.

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H.12. NEW WORK

Unless otherwise noted on drawings or specified, new work in extension of existing conditions shall correspond in all respects to similar existing conditions, in material, workmanship and finish.

H.13. EXISTING WORK

(a) Existing work shall be cut, drilled, altered, removed or temporarily removed and replaced for performance of work under the contract. Work replaced shall match similar existing work. Structural members shall not be cut or altered, except as shown, without authorization of the Contracting Officer. Work remaining in place damaged or defaced during this contract shall be restored to the condition at time of award of contract.

(b) Discolored or unfinished surfaces exposed by removal of existing work and indicated to be the final exposed surfaces shall be refinished or the material shall be replaced to be uniform and harmonious with contiguous work. Work out of alignment, where exposed by removal of existing work, shall be called to the Contracting Officer’s attention. Corrective work, directed by the Contracting Officer will be subject to adjustment of the contract in accordance with FAR 52.236 2, “Differing Site Conditions.”

H.14. WARRANTY OF CONSTRUCTION

Reference FAR 52.246-21 Warranty of Construction. All warranties the contractor receives from subcontractors, manufacturers and suppliers shall be executed in writing for the benefit of the Government. The contractor shall provide the COR with copies of all warranties obtained.

H.15. AS BUILT DRAWINGS

The contractor shall maintain during the progress of the work one (1) set of completed and up to date blue line drawings, which shall be available for inspection by the Contracting Officer at any time. These drawings shall be marked up to record all changes in the work as they occur, and the exact location of all exposed and concealed pipe runs, valves, plugged outlets, cleanouts and other control points including, but not limited to, electrical conduits, and ducts, mechanical valves, shut-off switches, etc., in such a manner as will provide a complete, accurate as built record. The location of pipes or control points concealed underground, under concrete, in chases or above hung ceilings shall be dimensioned. In progress as-built documentation will be reviewed with each progress payment request as a required element. The completed set of as built paper reproducible drawings shall be delivered to the Contracting Officer, in a condition satisfactory to him. As built shall be submitted for review/approval as a condition precedent to the request for final inspection of the work.

H.16. EQUITABLE ADJUSTMENTS DUE TO CHANGES

(a) The contractor shall submit a proposal for all changes in the work within 15 days from the effective date of the change order or request for proposal. With each proposal for a change involving an increase or decrease in the amount of the contract, the contractor shall submit separately an itemized breakdown that will include, but not be limited to, the following:

(1) Material quantities and unit price (separated into trades)

(2) Labor costs (separate into labor classifications and hourly rates)

(3) Construction equipment

(4) Workmen’s compensation

(5) Overhead

(6) Profit

(7) Employment taxes under FICA, FUTA and SUTA

(8) Bond (prime contractor only)

(9) Sales Tax

(10) Direct Performance Time of Change

(11) Impact on Schedule, if any

(12) Impact Costs, if any

(b) In considering proposals for changes involving added work, omitted work, or any combination thereof, estimates will be checked in detail by the Contracting Officer, utilizing unit prices where specified or agreed upon, with the view of arriving at equitable adjustments.

(c) When the necessity to proceed with a change does not allow sufficient time to properly check a proposal, or because of failure to reach an agreement, the Contracting Officer may direct the contractor to proceed immediately with the work.

(d) Proposals and breakdown should be submitted as promptly as possible but in no event later than 30 days.

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(e) Should a proposal cost exceed the certified cost or pricing data threshold or is required for a lesser amount at the direction of the Contracting Officer for a change, certified cost or pricing data should be submitted in a format which satisfies the requirements of FAR 15.4. When certified cost or pricing data are required, the Contractor shall submit an executed Certificate of Current Cost or Pricing Data (FAR 15.406-2) as soon as practicable after price agreement is reached.

(f) Allowable overhead, profit, and percentages are given below. These percentages shall be limited to three tiers only and shall be considered to include, but not limited to, all insurance other than FICA, FUTA, SUTA and Workmen’s Compensation, field and office supervisors, assistants, and clerical personnel, use of small tools, incidental job burdens, and general office expense. Incidental job burdens include, but are not limited to, review and coordination, and estimating and expediting relative to contract changes that are associated with field and office supervision.

No percentages for overhead and profit shall be allowed on FICA, FUTA, or SUTA.

The percentages of overhead to be allowed by the Contracting Officer will be 10% for all contract changes performed by the Prime Contractor personnel and 5% for all contract change work performed by subcontract personnel.

The percentage for profit to be allowed by IHS will vary according to the nature, risk, extent, and complexity of work involved, but in no case shall exceed 10%. Percentages for overhead and profit will be as follows:

Overhead Profit To subcontractors and/or to the contractor for work performed with its own forces 10% 1% - 10% To subcontractors and/or to the Contractor on work performed by other than its own forces: 5% 1% - 5%

The percentage of profit is to be negotiated. The burden is on the Contractor to propose and justify to the Government the percentage of profit to be paid on each modification to the contract.

On proposals involving both increases and decreases in the amount of the contract, overhead and profit will be allowed on the net increases only. On net decreases, corresponding overhead and profit will be deducted.

(g) Time Extension: when the contractor submits a change proposal without including a corresponding Time Impact Analysis meeting the requirements of the pertinent Specification Section, the Contractor acknowledges that the particular change order, modifications, delay or contract request does not require an extension of the contract time (or milestone) and the Contractor shall not thereafter be entitled to request or receive any such extension(s).

(h) Delay and Impact Costs: Any proposal for delay and impact costs that is not submitted within 60 days after completion of the work identified in the change will not be considered. This requirement is in addition to the scheduling updates required for construction of the project. If there are circumstances which prevent the Contractor from ascertaining delay for impact during this time, a status update, including but not limited to a critical path analysis, shall be submitted within this time and at 60 day intervals thereafter, explaining why the Contractor cannot yet know the extent of the impact. If this is not done, a claim for delay will not be considered unless special circumstances are shown. This requirement is necessary to enable the Government to respond to any claims for delay in light of conditions then current.

H.17. INSURANCE

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

1. Workers' Compensation and Employer's Liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so comingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

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

3. Automobile Liability: Automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.