B01 75H70120R00029.pdf

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

SEATTLE

SOLICITATION 75H701-20-R-00029

ZUNI WASTEWATER TREATMENT IMPROVEMENTS

PROJECT TABLE OF CONTENTS:

Section Taxonomy

Section A Standard Form 1442

Section B Services and Price/Cost

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. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

75H70120R00029

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

TITLE: Zuni Wastewater Treatment Improvements Project (Project #AL-17-A77)

PROJECT OBJECTIVE: Contractor shall provide all labor, tools, equipment, materials, work facilities, supervisory efforts, testing, and all necessary incidentals to complete the expansion and renovation of the facultative wastewater lagoon on the Zuni Indian Reservation, as required in the attached Technical Specifications and Drawings.

SET-ASIDE: This solicitation is set aside for Indian Small Business Economic Enterprises (ISBEE) in accordance with the Buy Indian Act, 25 U.S.C. 47, as amended.

NAICS Code: 237110 Water and Sewer Line and Related Structures Construction, Size Standard is $39.5M.

ESTIMATED MAGNITUDE OF CONSTRUCTION: Between $1,000,000.00 and $5,000,000.00.

SITE VISIT: Site visit is tentatively scheduled for April 16, 2020 at 11 am local time. This site visit is subject to change. See Section L, FAR 52.236-27 for details.

See Block 7

Matt Sanders 206-374-7302 / matt.sanders@ihs.gov

AL-17-A77

2 6503/24/2020

04/30/2020

2:00pm PDT

52.211-10

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.

AWARD (To be completed by Government)

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. 8/2014) 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

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Solicitation #75H701-20-R-00029

Zuni Wastewater Treatment Improvements

SECTION B

SERVICES AND PRICE/COST

B.1. PRICE SCHEDULE

CLIN DESCRIPTION OF SUPPLIES/SERVICES QTY

UNI

T

TOTAL COST

Contractor shall furnish all labor, material, equipment, supervision, tools, transportation, quality control, personal protective equipment (PPE), coordination with

Authorities Having Jurisdiction (AHJ), construction permits, incidental design, travel, and other resources required to perform the work described in this solicitation for the Zuni Wastewater Treatment Improvements project. (See Attachment 03 – Price Schedule)

Construction Duration: 240 calendar days after the

Notice to Proceed

1.00 LS $_______________

1001 Option for Portable Monitoring Kit 1.00 LS $_______________

TOTAL $_______________

NOTES:

As a reminder, all offerors are responsible for allowing for all applicable state, local and tribal

(where applicable) taxes and fees within their bids 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.2. 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 that pricing data be submitted to show the breakdown of costs for the above CLINs. This is requested so that the determination of a fair and reasonable price can be made by the Contracting Officer.

For example, the price breakdown shall have the direct labor cost and the direct material cost broken out.

Offerors are required to submit a fully completed Pricing Sheet (Attachment 03) as part of their pricing proposal.

B.3. SF1442, Block 24: Invoices for payment shall be reviewed and signed by the

Contracting Officer’s Representative (COR) (signature) prior to submission to the

Contracting Officer (CO). The signed payment invoice shall be sent via e-mail to Contracting

Officer (matt.sanders@ihs.gov) and the Contracting Officer’s Technical Representative

(Bradley.Sherer@ihs.gov).

B.4. 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, tribal requirements and perform all work required to complete the project in accordance with the drawings, mailto:matt.sanders@ihs.gov mailto:Bradley.Sherer@ihs.gov specifications, and provisions of the contract. Payment for contract work will be made for and under those pay items included in the Schedule of Items (which is one lump sum price for the contract). All other work and materials will be considered as incidental to and included in the payment for items shown.

B.5. Definitions: For purposes of this solicitation, the terms Offer, Offeror, or Offerors are synonymous with the terms Bid, Bidder, or Bidders.

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

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PROJECT DESCRIPTION: The Indian Health Service (IHS) has determined a need for the procurement of construction services to execute the expansion and renovation of the facultative wastewater lagoon on the Zuni Indian Reservation. The work under this contract is part of the detailed design to construct these facilities. The Contractor shall construct the facilities in accordance with the scope of work and all referenced specifications and drawings.

LOCATION OF PROJECT: Pueblo of Zuni, New Mexico

SITE VISIT: See Section L for information regarding the Site Visit.

Project Manager Contact Information:

Genna Slape, Project Engineer, OEHE/ASU

(505) 206-2794

Genna.Slape@ihs.gov

COR Contact Information:

Brad Sherer, COR, OEHE/ASU

(505) 248-7624

Bradley.Sherer@ihs.gov

Reference: Attachments 01 (Statement of Work) and 02 (Construction Drawings) in Section J mailto:Genna.Slape@ihs.gov

SECTION D

PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

(a) All shipments of materials, equipment and/or supplies to the project site shall be addressed to the

Contractor and not the Indian Health Service. Preservation, packaging and packing shall be in accordance with industry standard packaging appropriate for the item(s) involved. The Indian Health

Service is not responsible in any manner for deliveries intended for the project that are not generated by the Indian Health Service.

(b) Equipment and materials provided by the Contractor shall be new and, where appropriate, shall arrive on-site sealed in original manufacturer’s containers. The Government reserves the right to refuse any items deemed to not meet this requirement.

(c) Material shall be stored in an enclosed and dry area protected from damage and soiling. The contractor shall coordinate a suitable storage area with the COR.

SECTION E

INSPECTION AND ACCEPTANCE (CONSTRUCTION)

E.1 INSPECTION OF SITE

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.

E.2 SUBSTANTIAL COMPLETION AND FINAL INSPECTION

E.2.1 SUBSTANTIAL COMPLETION INSPECTION

a. 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.

b. The Government and Contractor at this point will jointly conduct a substantial completion (i.e.

pre-final) inspection for the development of punch list items in preparation for final inspection. The COR will complete the punch list and provide to the CO, which will be furnished in writing to the contractor.

c. The contractor shall ensure that adequate performance time remains for completion of ALL deficiencies noted during the Pre-Final Inspection and the scheduling and completion of the

Final Inspection. The substantial completion inspection should be at least 15 calendar days prior to the contractual completion date and the date of final inspection. The contractor is to notify the

Contracting Officer at least 10 calendar days in advance to schedule the substantial completion inspection.

d. 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 Contracting Officer 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 including all punch list items.

E.2.2 FINAL INSPECTION

a. Final Inspection completion date is the date established in the task order 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.

b. 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.

c. 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.

d. 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 task order.

e. In the event the pre- final or final inspection will be conducted by a Government contracted service, (A&E firm or other contracted individual) the Contractor may be held liable for travel and labor costs when the project is not sufficiently complete and the inspection must be rescheduled or an additional inspection is required.

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

E.3 CLAUSES INCORPORATED BY REFERENCE

CLAUSE NO. TITLE

FAR 52.246-12 Inspection of Construction (Aug 1996)

SECTION F

DELIVERIES AND PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE

Number Title Date

52.242-14 Suspension of Work Apr 1984

F.2 CLAUSES INCORPORATED BY FULL TEXT

FAR 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR

1984)

The Contractor shall be required to:

(a) Commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than 240 calendar days after the contractor receives the notice to proceed. The time stated for completion shall include all training and deliverables; as well as final cleanup of the project site premises.

(End of Clause)

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER AUTHORITY

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. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the unauthorized direction and shall immediately notify the Contracting Officer.

G.2 CONTRACTING OFFICER'S REPRESENTATIVE

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 has NO AUTHORITY to make any changes to the contract or any contract documents.

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 Section I, 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 ADMINISTRATIVE MATTERS

a. The contracting office of the Indian Health Service, Office of Environmental Health and

Engineering, Division of Engineering Services, is the office having administrative jurisdiction over this contract for all matters.

b. A list of the names and telephone numbers of the Government team comprising the contract administrator, Contracting Officer’s Representative (COR), consultant, and point of contact at the project site will be provided at the post award conference and pre-construction conference for task orders.

c. Only the Contracting Officer has the authority to modify the term and conditions of the Basic contracts and may execute modifications to any Task Orders issued thereunder.

d. All correspondence shall be addressed to the task order Contracting Officer, a copy of all correspondence shall be furnished to the Contracting Officer’s Representative (COR).

Enclosures attached or transmitted with the correspondence shall also be furnished with an original and one copy. Each letter shall make reference to the contract name, contract number, task order number, and shall have only one subject.

e. PAPERLESS CONTRACTING. The IHS is fully committed to the Federal Government’s electronic commerce and paperless contracting initiatives. As such, it is anticipated that, to the maximum extent possible, Proposed Task Order Requests for Proposals, to include specifications and drawings may be issued using electronic methods. In addition, task order distribution, correspondence, and contract administration efforts will also be issued electronically to the maximum extent using email, internet or other electronic methods.

Contractors shall have and maintain capability to receive documents in this manner. When electronic systems or processes are implemented by the Contracting Officer, contractors shall participate fully in any of these new requirements at no additional cost to the Government.

Failure to accommodate new processes may be cause for termination.

G.4 CONTRACT ADMINISTRATION DATA

Administration of this contract is under the cognizance of the Indian Health Service, Office of

Environmental Health and Engineering, Division of Engineering Services.

The Contracting Officer (PCO) for this procurement is:

Matt Sanders

Indian Health Service (IHS) / Division of Engineering Services (DES)

701 Fifth Ave, Suite 1600

Seattle, WA 98104

Telephone Number: (206) 374-7302 matt.sanders@ihs.gov

The Contracting Officer’s Representative (COR) for this procurement is:

Bradley Sherer, PE, OEHE

Environmental Engineer/ Albuquerque Service Unit

801 Vassar Drive NE

Albuquerque, NM 87106

Telephone Number: (505) 248-7624 bradley.sherer@ihs.gov

G.6 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 Contracting Officer. Include the

Contract Number and Task Order number (if applicable) 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

Attn: Supervisory Contracting Officer

Division of Engineering Services

701 5th Avenue #1600

Seattle, WA 98104

G.7 SITE VISITS

Offeror’s attendance at the site visit is considered vital to preparation of competitive and cost-effective offers, and to understanding the total results desired by the Government. Although Site Visit attendance is not mandatory, it is STRONGLY ENCOURAGED. Any deficiencies, ambiguities, conflicts, or other areas of concern existing in the scope of work and applicable drawings should be brought to the attention of the Contracting Officer through the Pre-Proposal Inquiry (PPI) or Request for Information

(RFI) process prior to solicitation closing.

mailto:matt.sanders@ihs.gov mailto:bradley.sherer@ihs.gov

Failure to attend the site visit or walk-through, and/or failure to disclose known deficiencies, ambiguities, conflicts, or other areas of concern existing in the scope of work and applicable drawings prior to solicitation closing, may not be used as a basis for remedy of additional time and/ or money under the terms of this contract.

G.8 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 the estimated values of each principal category of the work which when added together equal the total contract price. 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. In addition, 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 quarters 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. 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.

(3) 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.

(4) Progress payments are authorized by the CO for the duration of this contract.

b. The following are instructions for submitting pay requests:

(1) All payment requests shall be emailed to the COR (cc the Contracting Officer).

(2) All payment requests shall be submitted with a signature for the Contractor certification statement (scanned signature acceptable).

(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.

(5) 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.9 INVOICE REQUIREMENTS

a. Invoices shall be prepared, submitted and paid in accordance with the following FAR clauses:

(1) 52.232-5, Payments under Fixed-Price Construction Contracts (Sept 2002)

(2) 52.232-27, Prompt Payment for Construction Contracts (Jul 2013)

(3) 52.232-33, Payment by Electronic Funds Transfer-- System for Award Management (Jul

2013)

(4) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec

2013)

b. The final invoice must be marked “Final” and be accompanied by a Release of Claims form, which notes the final payment as outstanding, in the Remarks field. Final payment will be made within 30 calendar days upon receipt of a properly executed invoice.

Note: In accordance with FAR 52.232-40, Providing Accelerated Payments to Small Business

Subcontractors (Dec 2013) -- 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. Applies to small business subcontractors at all tier levels.

c. Contents of Invoice: Requests for payment in accordance with terms of the contract shall consist of (1) The Contractor’s Application for Payment form showing the basis for arriving at the amount of the invoice; (2) The contract performance statement which shall show, in detail, the estimated cost, percentage of completion, and value of completed performance; and (3)

Updated progress and equipment delivery schedules.

d. Obligation of Government Payments: The obligation on the Government to make payments required under the provisions of this contract will, at the discretion of the Contracting Officer, be subject to the following: (1) Reasonable deductions due to defects in material or workmanship; (2) Claims which the Government may have against the Contractor under or in connection with the contract; (3) Unless otherwise adjusted, repayment to the Government upon demand for overpayments made to the Contractor; and (4) Receipt of payroll data (to include prime and subcontractors) covering the period of performance of the invoiced amounts.

e. Payment of Bonds: A paid invoice is required before payment of bonds can be made.

Contractor will list Bonds as a separate item on progress report and/or Schedule of Values.

G.10 PAYMENT FOR MATERIALS STORED ON SITE

(a) This section supplements, but does not replace, FAR 52.232-5 Payments Under Fixed-Price

Construction Contracts, with regard to material payments.

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

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

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

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

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

(i) Certified paid vendor invoices

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

(iii) Accepted delivery tickets, if applicable.

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

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

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

G.11 EVALUATION OF CONTRACTOR PERFORMANCE

a. 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.

b. Contractors will be sent an email notice to review and comment, if appropriate, 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 of the basic contract. The POC must maintain a current email address on file with the Contracting

Officer. In lieu of a contract POC, contractors may provide task order specific individuals to receive this information. Contracting Officers shall be notified at the task order pre-construction meeting of any changes.

c. 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.cpars.gov/index.htm

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 TRIBE REQUIREMENTS - ZUNI TRIBE

(a) Contractors are notified that this project will be performed on the Zuni Reservation, home to the Zuni

Tribe. Contractors are required to contact the Tribal Employment Rights Ordinance (TERO) Office upon receipt of notification of award. Compliance with the tribal employment ordinance is required prior to starting work on any project performed on Tribal Land including payment of associated

TERO fees/permits. Utilization of Tribal individuals will be a requirement of hiring goals for a set craft or skill level.

(b) The Contractor is responsible to pay all applicable tribe fees and/or taxes, or applicable requirements that may be incurred as a result of this project and must be included in the firm fixed price offered on the SF1442. Failure to include applicable tribal fees and/or taxes in the firm fixed price shall not constitute grounds for an equitable adjustment after award.

(c) Contractor shall obtain a business license, permits (if required by the tribe) and pay the required fees to the appropriate office of Zuni Tribe. The general contractor and each subcontractor are required to obtain the business license on each project prior to starting work.

(d) Contacts:

Dancy Simplicio

Director, Zuni Taxation and Revenue Dept.

P.O. Box 339

1203 B State HWY 53

Zuni, NM 87327

Email: dsimplicio@ashiwi.org

Phone: (505) 782-7111

H.2. RESERVATION REGULATIONS

(a) The Contractor, its employees and subcontractors shall become familiar with and obey the regulations of the applicable Indian Reservation including fire, traffic, safety and security regulations while on the Reservation or installation. Those individuals driving motor vehicles shall observe and obey all speed limits posted throughout the reservation. Personnel should not enter restricted areas unless required to do so and only upon prior approval. All contractor employees and subcontractors shall carry proper personal identification with them at all times.

(b) Contractor equipment shall be conspicuously marked for identification and parked or placed within approved areas only, out of the way of driveways, emergency access roads, and traffic.

H.3. APPLICABLE WAGE RATES

The applicable Tribal Employment Rights Office (TERO) or the Tribal Office of Labor Relations may require contractors performing work on Tribal land to use TERO or Tribal Office of Labor Relations wage rates for employees working on such projects. However, the Davis Bacon Act applies to all federal contracts and Davis Bacon Act wage rates take precedence to Tribal wage rates under this contract. If the

TERO or Tribal Office of Labor Relations insists the Contractor use their wage rates, the Contractor should contact the Contracting Officer for assistance.

mailto:dsimplicio@ashiwi.org

Applicable Davis Bacon Wage Decision for this contract is for McKinley County in New

Mexico:

Attachment 04 - Wage Determination: General Decision Number NM20200011

Heavy

H.4. WORK HOURS

Scheduling of work shall be in close cooperation with the Zuni Tribe and COR. Proposed work hours are 7:00 AM – 5:00 PM, Monday through Friday (excluding Federal holidays). All work shall be performed during these proposed hours to minimize impacts to residents of the Pueblo of

Zuni. Requests to work outside these proposed hours shall be submitted in writing to the COR not less than 48 hours in advance of the proposed after hours work.

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

H.5. 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

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.6. 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.7. 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 http://www.sam.gov/.

(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 fourteen (14) 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.8. 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:

http://www.sam.gov/

(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 written on the comprehensive form of a policy of at least $500,000 per occurrence.

(c) 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. Policies covering automobiles operated in the United States shall provide coverage of at least

$200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H.9. KEY PERSONNEL

(a) Certain experienced professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. Such personnel are defined as "Key

Personnel" and are those persons whose resumes were submitted for evaluation of the proposal.

Pursuant to HHSAR Clause, 352.237-75, Key Personnel, the contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with the following:

(1) If one or more of the key personnel, for any reason, becomes or is expected to become unavailable for work under this contract for a continuous period exceeding 30 calendar days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall, subject to the concurrence of the Contracting Officer promptly replace personnel with personnel of equal or greater ability and qualifications.

(2) All requests for approval of substitutions hereunder must be in writing at least 30 calendar days prior to the substitution, circumstances permitting, and provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request must contain a resume for the proposed substitute with equal to or greater qualifications, and any other information requested by the Contracting Officer. The Contracting Officer shall promptly notify the contractor of approval or disapproval in writing and the contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

(b) The following positions are identified as Key Personnel: (1) Project Manager, (2) Superintendent, and

(3) Safety Officer

H.10. PROJECT MANAGEMENT

(a) Contractor shall meet with the COR prior to beginning on-site work to discuss general security and operations requirements.

(b) Construction activities shall be coordinated with COR to ensure that there are no detrimental impacts on the day to day operations of the existing facilities.

H.11. SUPERINTENDENT ON SITE

(a) Reference FAR 52.236-6 Superintendence by the Contractor. The contractor will 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.

(b) All communications between the IHS 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.

H.12. IDENTIFICATION OF CONTRACTOR EMPLOYEES

(a) Identification (ID) Badges. All personnel will be required to sign-in with the Zuni Tribe and wear a

Contractor Identification Badge at all times. Issuance of Contractor ID badges will be covered at the pre-construction meeting.

(b) Display of ID Badges. Contractor personnel shall wear the ID badge at all times when performing work under this contract to include attending Government meetings and conferences. Unless otherwise specified in the contract, each Contractor employee shall wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit such placement.

(c) Utilizing Electronic Mail (e-mail). When prime Contractor or Subcontractor personnel send e-mail messages as part of contract performance or otherwise relating to contract matters, each sender shall include his/her name (both first and last names), e-mail address and the name of the individual’s employer.

H.13 EMPLOYEE APPEARANCE

The Contractor shall ensure that all employees present a professional appearance that is appropriate for their position. The Contracting Officer reserves the right to determine the acceptability of any clothing worn.

H.14. 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.

H.15. PROJECT SCHEDULE

(a) The Contractor shall develop a detailed schedule in Microsoft Project or approved equal. The first draft of the schedule must be presented prior to the pre-construction meeting. A completed schedule must be submitted within 5 calendar days after work commences, or agreed to date determined during the pre-construction meeting. Refer to FAR 52.236-15, Schedules for Construction

Contracts. This schedule shall include key milestones of the project, including start and finish dates, visual assessments, laboratory testing, remediation and demolition, as well as proposed closeout durations.

(b) This project has two distinct phases to facilitate the continuous operation of the wastewater treatment facility (see Statement of Work). To insure smooth transition between each phase, the Contractor’s project schedule shall include phasing dates which the Contractor intends to accomplish work for phase thereof.

(c) All work shall be completed within 240 calendar days following the Notice to Proceed issued by the

CO. The 240 days includes time for the submittal review period, long lead orders, demolition, construction, equipment setup, furniture installation, commissioning, final inspection, and the transition period between Phases. Each phase has an estimated/anticipated duration, however, the

Contractor will have the option to finish phases before or later then the anticipated times as long as the project is completed within 240 calendar days.

(d) The Contractor shall submit this schedule for review and approval prior to work proceeding.

Contractor shall actively maintain and update the schedule as required by the COR. Contractor is responsible for ensuring that the schedule is current and that the government has a current copy.

(e) A copy of the most current project schedule shall be submitted with each progress payment/invoice request.

H.16. SCHEDULE OF VALUES (SOV)

Before any payment is made to the Contractor, including progress payments, the Contractor shall prepare and submit a SOV to the Contracting Officer for review and approval. The SOV shall include values of each principal category of the work, when added together, equal the total contract price. Refer to G.8

Payment Process for information required on the SOV.

H.17. SUBMITTALS

(a) The Contractor shall be required to set up an account with an established Company such as Submittal

Exchange, ProCore or another similar cloud-based website service designed specifically for transmitting submittals between construction team members and overall management of documentation during the construction process. Specific category submittal requirements shall be as described in the project technical specifications.

(b) Within 10 calendar days after commencement of work or as otherwise established by the contracting officer, all materials and articles requiring approval, IAW 52.236-5, Material and

Workmanship, shall be submitted by the Contractor using a transmittal sheet as approved by the

COR. Government review comments will be returned within seven (7) calendar days after receipt of submittals. Contractor shall provide the following submittals AFTER AWARD:

(1) Construction Project Schedule (FAR 52.236-15)

(2) Schedule of Values

(3) List of Subcontractors/SF 1413

(4) Submittal Log and Log-in Credentials for IHS personnel including the CO

(5) Contractor Key Personnel Contact Information

(6) Safety and Accident Prevention Plan

(7) Material Safety Data Sheets (MSDS) for all products

(8) Shop drawings / product data / samples, highlighting specific part/model numbers proposed, along with all selected options (as applicable)

Descriptive literature/catalogue cuts shall be annotated/highlighted with sufficient clarity so as to identify the products proposed for this project and show its conformance with contract requirements

(9) Results of all third party testing - Within 7 days after testing performed

(10) Operation and Maintenance (O&M) Manual - 2 hard copies and 1 digital (PDF)

(11) Warranty Certificates - 2 hard copies and 1 digital (PDF)

H.18. PRODUCT APPROVAL

FAR 52.236-5, Material and Workmanship, states "[w]hen required by this contract or by the Contracting

Officer, the contractor shall also obtain the Contracting Officer's approval of the materials or articles which the contractor contemplates incorporating into the work. When requesting approval, the contractor shall provide full information concerning the material or articles. When directed to do so, the contractor shall submit samples for approval at the contractor's expense, with all shipping charges prepaid.

Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection."

(a) Approval of proposed materials or articles shall be only for the characteristics or use named in such approval and shall not be construed to change or modify any contract requirements, or relieve the…