B01 25Q00006.pdf

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INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

SEATTLE

Solicitation Number: 75H70125Q00006 Cheyenne River CT Renovations

Eagle Butte, SD

PROJECT TABLE OF CONTENTS:

Section 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

Proposals must set forth full, accurate, and complete information as required by this request for proposal (including attachments). The penalty for making false statements in proposals is prescribed in 18 U.S.C. 1001.

(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

75H70125Q00006

TBD

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

Project: GP24CR301C06 Cheyenne River CT Renovations

Location: Cheyenne River Health Center 24276 Airport Rd, Eagle Butte, SD 57625

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

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

CONSTRUCTION MAGNITUDE: The magnitude of this construction project is anticipated to be between $25,000.00 and $100,000.00 in accordance with FAR 36.204(c).

See Item 7

TBD

Thupten Tsering (240) 504-0934

GP24CR301C06

1 5802/06/2025 local time 3/6/2025

2:00pm

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.4.

IHS - Great Plains Area Office 115 4th Avenue SE, Room 309 Aberdeen, SD 57401

Thupten Tsering

SECTION B. PRICE SCHEDULE

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

CLIN DESCRIPTION QTY UNIT UNIT

PRICE TOTAL PRICE

Contractor shall provide all labor, materials, supplies, and services to complete work for Project GP24CR301C06 Cheyenne River CT Renovations, in accordance with the SOW, specifications, drawings and other documents incorporated into this contract.

1 LS

TOTAL FIRM FIXED $

KEY: LS = Lump Sum

SCHEDULE NOTES

B.2. Disclosure of the Magnitude: In accordance with FAR 36.204, this project is estimated to be between $25,000 and $100,000.

B.3. Incidental Payment Items: The intent of the contract is to provide for the complete work of the project described in the contract. Unless otherwise provided, the contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies, and perform all work required to complete the project in accordance with the drawings, specifications, and provisions of the contract. All other work and materials will be considered as incidental to and included in the payment for items shown.

B.4 SF1442, Block 24: HHSAR 352.232-71, Electronic Submission of Payment Requests (Feb 2022) has been added in full text in Section I.

B.5. 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. The most current version of the applicable Wage Determination will be included at time of award.

B.6. Period of Performance The contractor shall proceed and complete the work, including cleanup within 120 days after issuance of the Notice to Proceed (NTP). The award is not the NTP for this contract work. Contract completion can be adjusted for any long lead items if requested in writing to the Contracting Officer. The contractor must not commence work until it has been issued a NTP. The award is not the NTP for this contract work. Prior to issuance of a NTP, the contractor must submit for approval performance and payment bonds, a project schedule showing the date when on-site work will begin, the date the work will be completed, and all required insurance. No work will be performed on Saturdays, Sundays, federal holidays, or Tribal holidays without the Government’s consent.

B.7. Contract Specific Terms & Conditions B.7.1. Bid Bond: A Bid Guarantee IS NOT required.

B.7.2. Payment and Performance Bonds ARE required if proposed total amount exceeds $150,000 threshold in accordance with FAR 28.102-1.

B.7.3. FAR Clause 52.228-13, Alternative Payment Protections may be applicable if the value of the award exceeds $35,000, but not greater than $150,000 in accordance with FAR 28.102-3(b).

B.7.4. Questions regarding the solicitation and project must be submitted in writing to the Contracting Officer, Thupten Tsering via e-mail at thupten.tsering@ihs.gov. Questions will be accepted up to 7 calendar days before quote due date. The Government is not obligated to answer any questions submitted after this date.

B.7.5. Furthermore, all questions shall be submitted by the prime contractor(s) on behalf of their subcontractor(s) and supplier(s) to the contract Specialist. Questions submitted by subcontractors and/or suppliers directly to the contract specialist will be rejected and not answered.

B.7.6. Quote Due Date: Quotes are to be submitted via e-mail to the assigned Contract Specialist/Contracting Officer by the date and time indicated in Block 13 of the SF1442.

B.7.7. Quote Acceptance Period: Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

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

mailto:thupten.tsering@ihs.gov

SECTION C. STATEMENT OF WORK

1. Project Description A. Title: Cheyenne River CT Renovations

B. Location: This project is at the Cheyenne River Health Center, Eagle Butte, SD

C. Period of Performance: 120 calendar days from Notice to Proceed.

D. Description: The project defined within this Statement of Work is the successful renovation of the radiology department for the new CT equipment. Cassling is currently contracted through a GPA contract for installation of the new CT machine, with the work being done by Siemens. The site will need to be prepped for the new machine.

E. Background: Currently the existing CT machine is original to the building. The VA has given GPA biomed department funding for new CT machines. These CT machines will be mechanically installed via a separate contract, but any renovations or site needs will need to be covered by this SOW.

F. Related Documents

1. This SOW and any other standard government or IHS documents are included and considered a part of this contract.

2. IHS Architecture and Engineering Design Manual, 2022

3. FGI 2022 – Healthcare Facility Design Guide

4. NFPA 101 Life Safety Code, 2012

5. NFPA 70 National Electric Code (NEC), 2011

6. ASHRAE 170

7. ASHRAE Fundamentals Handbook, 2021

8. NFPA 99 Healthcare Facilities Codebook, 2012

G. Common Acronyms or Definitions

1. IHS – Indian Health Service

2. CMS – Centers for Medicare & Medicaid Services

3. EB – Eagle Butte

4. BAS – Building Automation System

5. Direct Digital Control – Name of the existing BAS

6. CO – Contracting Officer

7. COR – Contracting Officer’s Representative

8. PM – Project Manager

9. IGCE – Independent Government Cost Estimate

10. BIM – Building Information Model

11. LOD – Level of Design

12. CAD – Computer Aided Design

13. RFI – Request For Information

14. ICRA – Infection Control Risk Assessment

15. PCRA – Pre-Construction Risk Assessment

16. HSPD 12 – Homeland Security Presidential Directive 12

17. CRSU – Cheyenne River Service Unit

2. Scope of Work (SOW). The scope of this project includes all demo, new installation, and clean up for installation of the products described below. A Pre-bid walkthrough is suggested in coordination with Siemens. Submittal Drawings are included in Appendix B.

The contractor shall provide all engineering, design, material, labor, equipment and supervision required to accomplish the following:

A. Demolition: Contractor shall remove all according to the list: All demolished materials will be property of the Contractor and shall be removed offsite.

a. Existing Flooring: Contractor shall remove approximately 1060 SF of flooring.

b. Existing Base Cove: Contractor shall remove approximately 125 LF of base cove in radiology department.

B. Equipment: Contractor shall install:

a. 1 MedRad Injector: MedRad will supply this equipment. Contractor shall provide design & installation of support structure for ceiling mounting plate. Contractor will provide mounting hardware. The ceiling mounting plate must be braced for sway and properly installed. All installation will be responsibility of the contractor. Details in Appendix B (S-102)

C. Finishes:

a. Contractor shall provide and install all new vinyl flooring for the radiology department.

Approximately 1,060 SF of flooring. Color will be decided by the Service Unit. Flooring will be hospital grade and should be similar to existing.

b. Contractor shall provide and install new floor base cove for the radiology department.

Approximately 125 LF of base cove. Color will be decided by the Service Unit. Cove base will be hospital grade and should be similar to existing.

c. Contractor shall provide and install new wall guard throughout the radiology department CT room. Approximately 40 LF of wall guard. Color will match existing accent colors and will be decided by the Service Unit.

d. Contractor shall provide and paint all existing rooms within the radiology department. All paint shall be similar to existing. Painted finish shall be sanded smooth and easily cleanable.

D. Electrical: All electrical demo & installation will be done by a certified South Dakota electrician.

Contractor shall install all materials to manufacturer’s recommendations. Contractor shall install according to Appendix B. All wires will be in rated conduit supplied by the contractor. All fuses and conduit should be adequately labeled and should resemble existing.

a. 1 Surge Suppressor: Siemens will provide, contractor will install. Contractor shall provide all backing and mounting hardware.

b. 1 Main Panel: Contractor shall provide and install a 480/277Y Volt Main Panel complete with circuit breakers. This can be either surface or flush mounted. All breakers will be at minimum 80% rated.

i. 1 Main Breaker: Contractor shall provide and install 1 125 Amp Breaker, equipped with a tripping device to allow for functionality of the emergency off button. This includes all wiring. All phase wires and neutral wires will be the same size, and will be ground according to the NEC.

ii. 1 Gantry B Breaker: Contractor shall provide and install 1 125 Amp Breaker. This includes all wiring. All phase wires and neutral wires will be the same size, and will be ground according to the NEC.

iii. 1 Surge Protection Device Breaker: Contractor shall provide and install 1 30 Amp Breaker. This includes all wiring. All phase wires and neutral wires will be the same size, and will be ground according to the NEC.

c. 2 Emergency Power Off Buttons: Contractor shall provide and install within the circuits provided in Appendix B.

d. Auxillary Wiring: Contractor shall provide and install all auxillary wiring.

i. 1.) Relay with 24 Volt, AC Coil.

ii. All other wiring for a complete project.

E. Clean Up: Jobsite shall be cleaned daily and must comply with the Infection Control & Safety Officer’s requirements given with the ICRA and PRCA. The construction areas involved shall be free of any debris, rubbish and left-over material scraps upon completion of the project. Trash receptacles used for the collection of this debris and their removal from the project site shall be provided by the contractor. The site will be inspected by the engineer prior to final payment to ensure the sites return to their original condition prior to construction.

F. Site Restoration: The construction site shall be free of any materials, debris and/or rubbish. The contractor will be responsible for the removal of this debris and must restore the site to its original condition as approved by the project engineer. Photo are to be taken before construction begins for documentation the sites original condition by the contractor.

G. Addition Facility Requirements: Contractor shall comply with the requirements of the hospital’s Facility Manager, Infection Control Officer and Safety Officer. These requirements will be laid out during the pre-construction meeting and will include providing a separated negatively pressurized work space, vented to the outside. Other permits and requirements will be given after the pre-construction meeting and the ICRA and PRCA assessments are completed.

3. Submittals A. Submittals or shop drawings shall be submitted for the following items and shall be delivered electronically to the COR or designated PM for final approval before ordering any new material or equipment.

1. Project Schedule

2. Ceiling Mount Design

3. Flooring

4. Wall guard

5. Electrical

6. Closeout Documents - The Contractor shall submit one hard copy set of all final, installed submittal items, accessories, and all installation/operation/maintenance documents to the facility manager/engineer. The final installed submittal package and O&M shall also be sent electronically to the COR and/or PM.

4. Schedule/Meetings A. The general contractor shall submit a detailed schedule to the COR for approval within (14) calendar days of the award.

B. Pre-Construction Meeting: One Pre-Construction meeting shall be conducted prior to the start of the construction of the contract.

C. Progress Meetings: Progress meetings shall be conducted at regular intervals as merited by the progress of the work.

D. Substantial Completion: One substantial completion meeting shall be held following notification of the Project Officer by the General Contractor that the project is Substantially Complete.

E. Final Completion: One final completion meeting shall be held following determination that the project is complete.

5. Miscellaneous A. Security Requirements. Security: HSPD-12 clearance is required for all personnel assigned to project that will be onsite. The contractor shall be responsible for completing all necessary paperwork to obtain security clearances and badges for construction personnel who will work on the project.

1. Workers without complete security clearances must be directly supervised by the project superintendent. The project superintendent must obtain the proper clearances.

2. All contractors are required to check-in with the facility manager/maintenance staff before commencing work on any project.

3. The contractor will be responsible for the security of the work site. The hospital and the Indian Health Service staff shall not be responsible for the security of the contractor’s tools, equipment, or material during the course of the project.

B. Protection of Government Property. The contractor shall protect all Government property against damage, to include but not limited to dust, fumes, impact, scratching, water, paint, joint compound, power failure, power surges, weather, heavy equipment, etc.

1. All damage caused by the contractor, whether to equipment, roads, landscaping, building components or any other type of Government property encountered at or near the project site shall be repaired or replaced to match the existing and to the satisfaction of the Project Officer at no cost to the Government.

2. The Contractor assumes responsibility for any and all damage and/or injury to persons or property resulting from any action of prime contractor and subcontractor employees (at any tier).

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

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

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

C. Occupancy of Government Facilities. The contractor shall be responsible for properly informing the COR of any condition which would jeopardize the building or its contents, such as loss of heat, air conditioning, danger of pipes freezing, loss of electrical power, water, sewer or loss of building security.

D. Correspondence. All correspondence shall be addressed to the COR. Each letter, document, etc., shall contain the following information:

1. Date

2. Project Numbers, Contract Number, Delivery Order Number and Service Unit Name/Location.

3. Name of those who were sent copies.

E. Tribal Requirements.

1. The Contractor and all subcontractors engaging in work on the Cheyenne River Indian Reservation will be required to comply with the Indian preference and Indian preference program requirements administered by the Cheyenne River Sioux Tribe Tribal Employment Rights Office (TERO).

2. Before commencing work, contractors and sub-contractors are required to submit an acceptable “Compliance Agreement” to the TERO office. Copies of this form can be obtained from the TERO office. Typical requirements of TERO include a fee of 4% on the total contract price, and submission of weekly certified payroll reports to TERO.

3. Additionally, the rules and regulations of the TERO Ordinance require that no person who is not a local Indian shall be employed by a covered employer until a work permit has been obtained for them from TERO.

4. Contractors are strongly encouraged to contact the TERO office at (605) 964-8376 for an explanation of tribal requirements. Other fees may apply.

F. Construction Materials and Storage

1. All materials shall be stored and handled according the manufacturers’ recommendations.

2. All materials shall be submitted to the COR prior to ordering, for approval by the project engineer.

3. The contractor(s) shall be present and on site to receive all construction material, equipment, or products. IHS staff will not be present, responsible, nor receive, or provide any type of offloading equipment for construction materials, products, or equipment. It is solely the contractor(s) responsibility to properly receive any and all construction equipment, products, and materials on site.

4. The contractor(s) shall provide their own means of storing any and all construction materials, products, or equipment required for installation. IHS staff will not be responsible or provide any means of storing construction material, products, or equipment before or during construction. All material, products, or equipment remain the contractor(s) property until the project has been deemed substantially completed by all parties.

6. Project Officer Tavis Allam will be designated as the Contracting Officer’s Representative (COR) for this Order. His address and telephone are:

Tavis Allam Great Plains Area Indian Health Service Division of Facilities Management & Engineering 3200 Canyon Lake Dr.

Rapid City, SD 57702 Office: (605) 945-5458 Tavis.allam@ihs.gov

Any change in COR designation will be documented by the Contracting Officer in writing.

mailto:Tavis.allam@ihs.gov

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.

SECTION E - INSPECTION AND ACCEPTANCE

E.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 52.246-12 Inspection of Construction Aug 1996

E.2. INSPECTION OF SITE

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

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

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

E.3. INSPECTION AND ACCEPTANCE

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

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

(a) Substantial Completion Inspection

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

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

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

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

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

(b) Final Inspection

(1) Final Inspection completion date is the date established in the contract when the project is to be fully complete and is ready to turn over to the Government. When the Contractor is ready for final inspection, he shall request so in writing to the Contracting Officer and his duly authorized representative (COR) at least 5 days prior to the desired date.

(2) This includes final clean-up of the site, removal of all trailers, construction signs and debris removed, all punch list items resolved, Government’s manuals turned over, all as built drawings completed and turned over to the Government.

(3) All contract items, including any punch-list items, and final clean-up of the project site shall be totally complete on the day and at the time the final inspection is scheduled. Any discrepancies noted at the final inspection shall be corrected by the Contractor within the time specified by the Contracting Officer.

(4) Failure on the part of the Contractor to have the project ready for final inspection may result in assessment of damages as specified in the contract.

(5) Final inspection and acceptance of the work will be by the CO or an authorized representative appointed in writing.

SECTION F - DELIVERIES OR PERFORMANCE

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

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

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

(End of clause)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

Number Title Date 52.236-15 Schedules for Construction Contracts Apr 1984 52.242-14 Suspension of Work Apr 1984

F.2. FAR 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, prosecute the work diligently, and complete the entire work ready for use not later than 120 calendar days after the date the contractor receives the notice to proceed. The time state for completion shall include final cleanup of the premises.

F.3. EVALUATION OF CONTRACTOR PERFORMANCE

In accordance with FAR 36.201 and FAR 42.1502 (e), the Contractor's performance will be evaluated upon completion of this contract. Interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government.

(a) Contractors will be sent an email notice to review and comment on the performance evaluations.

Contractor MUST be registered at the website Contractor Performance Assessment Reporting System in order to receive these evaluations. Contractor must register at https://www.cpars.gov/index.htm. A contractor point of contact (POC), to receive notification of performance evaluations, shall be identified at time of award. The POC must maintain a current email address on file with the Contracting Officer.

(b) Timely performance by the contractor is very important. Failure to perform the work diligently on this contract could result in a negative past performance rating that could affect a Contractor’s competitiveness for an award of future contracts.

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

SECTION G - CONTRACT ADMINISTRATION DATA

G.1. CONTRACTING OFFICER

The Contracting Officer (CO) is the individual appointed with the authority to enter into, obligate funds, administer and make related determinations pertaining to the contract on behalf of the federal Government.

The Contracting Officer must sign all contractual documents, including contract modifications, and approve payment requests. The Contracting Officer is the only individual authorized to make changes to the contract.

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

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

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

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

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

G.3. ADDRESS FOR CORRESPONDENCE

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

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

Indian Health Service (IHS) / Division of Engineering Services (DES) 701 Fifth Avenue, Suite 1600 Seattle WA 98104

G.4 PAYMENT PROCESS

(a) FAR 52.232-5, Payments Under Fixed -Price Construction Contracts, requires that before the first progress payment under the contract is submitted, the contractor shall prepare a Schedule of Values including each principal category of the work which when added together equal the total contract price. A sample format is available from the Contracting Officer. The following is the detail required by the Contracting Officer:

(1) The principle categories of work shall be broken into line items of sufficient detail to allow meaningful measurement of the work on a monthly basis as determined by the COR. Units of measure appropriate to the type of work shall be used. “Lump sum” pricing of line items shall be avoided except where payment for that line item is to be requested based on 100% completion of that line item or where there is no other practical unit of measure.

(2) The cost of preparatory work (e.g., shop drawings or product submittals), field and home office overhead, profit, insurance, taxes, warranties, as-built drawings, etc., shall be pro-rated into items of physical work and not listed as separate line items. Cost of Performance and Payment Bonds may be listed as a single line item and not pro-rated. Also, cost of mobilization and demobilization relating to transportation or installation costs associated with such items as site trailers, heavy equipment, temporary batch plants, temporary on-site manufacturing and assembly facilities, temporary on-site quarter’s facilities, temporary sanitation facilities, temporary utility connections, and/or temporary secured storage facilities may be listed as line items and not pro-rated. If mobilization is listed separately, a line item for demobilization must be listed separately. A detailed listing of the items included and the individual cost for each item shall be provided in support of proposed amounts for mobilization and demobilization.

(b) Material stored on site may be included in earned progress if the Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform in contract.

(c) The following are instructions for submitting pay requests:

(1) Requests are to be submitted with signature for the Contractor certification statement (scanned signature okay) to the Contracting Officer. Use of a format that complies with all of the requirements of the “Payments” clause of the contract is mandatory. The “Contractor Payment Application” form will be provided at the Pre-Construction meeting.

(2) The Contractor is responsible for delivery of each request for payment electronically using the Department of Treasury Invoice Processing Platform (IPP) www.ipp.gov or successor system. 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 Contracting Officer.

(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, warranties, delivery of extra stock material, etc.

G.5. PAYMENT FOR MATERIALS STORED ON SITE

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

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

(1) The contractor shall furnish the contracting officer a list of the major high-cost items to be incorporated into the contract and for which payment, prior to installation, will be requested.

Those items approved by the contracting officer will be entered on the Schedule of Values, as a percentage factor, or factors if items are listed individually.

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

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

(i) Certified paid vendor invoices

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

(iii) Accepted delivery tickets, if applicable.

(4) All material for which payment is requested shall be delivered to an approved location on-site, and certified that none will be removed without written permission of the contracting officer. Materials http://www.ipp.gov/ may also be stored in a bonded warehouse offsite if no adequate storage space is available on base.

(5) Payments will be made monthly, or at more frequent intervals as determined by the contracting officer.

(6) The contractor shall remain responsible and retain title to the materials until incorporated into the work.

G.6. INVOICE REQUIREMENTS

(a) Invoices shall be prepared, submitted and paid in accordance with the following 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 (Feb 2022)

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

(c) The final invoice must be marked “Final” and be accompanied by a Release of Claims form, which lists the final payment as outstanding, in the Remarks field. The Release of Claims form is available from the CO.

Final payment will be made within 30 Calendar days upon receipt of a properly executed invoice.

(d) The contractor will contact the Contracting Officer with any payment issues or concerns.

Note: In accordance with FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) -- Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. This applies to all small business subcontractors at all tier levels.

G.7. CERTIFICATION OF PAYMENTS - RELEASE OF CLAIM

The Contractor, when submitting final payment under this contract, shall submit to the Contracting Officer:

(a) A certification that the Contractor has made payment from proceeds of prior payments, or that he will make timely payment from the proceeds of the progress or final payment then due him, to any subcontractors and suppliers in accordance with established contractual arrangements; and

(b) A properly executed Contractor's Release. The Release of Claims form is available from the Contracting Officer. Failure to submit this completed release will result in a delay of final payment.

G.8 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

This paragraph specifies the procedure for the determination of time extensions for unusually severe weather. In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

(a) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

(b) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.

(c) Weather delays will be based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The contractor’s progress schedule must reflect consideration of these anticipated adverse weather delays in all-weather dependent activities.

(d) Upon acknowledgment of the notice to proceed (NTP) and continuing throughout the contract, the contractor will record on the Contractor’s Daily Report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delays must prevent work on critical activities for 50 percent or more of the contractor’s scheduled workday.

(e) The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in accordance with the criteria previously described above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair-weather work days, and issue a bilateral modification.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.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.

(e) Within 14 days after award of the contract, the Contractor shall deliver to the Contracting Officer a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each subcontract for construction within the United States, including the subcontractor’s signed and dated acknowledgment that the clauses set forth in paragraph (b) of this clause have been included in the subcontract.

(f) Within 14 days after the award of any subsequently awarded subcontract the Contractor shall deliver to the Contracting Officer an updated completed SF 1413 for such additional subcontract.

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 on the current GSA's Lists of Parties Excluded from Procurement and Non-procurement Programs, 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://sam.gov/content/home.

(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 (10) 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.

https://sam.gov/content/home

H.3. WORK HOURS

Normal business hours are 7:00 AM – 5:00 PM, Monday through Friday (excluding Federal holidays). Work at other times must be approved by the COR. Requests to work outside normal business hours shall be submitted in writing to the COR not less than 48 hours in advance of the proposed modified schedule. This requirement is due to the need for security of patients, government personnel and property. There must be a 'responsible government agent' on site when any contractor is present on IHS property.

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

H.4. FEDERAL HOLIDAYS

(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. 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:

(a) 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.

(b) General Liability: Bodily injury liability insurance coverage…