B01 75H70122R00079.pdf

(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

75H70122R00079

TBD

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

Indian Health Service - Seattle Area Office is issuing RFP 75H70122R00079

Project: Belcourt Replace Dry Coolers Design-Build

Location(s): Quentin N. Burdick Memorial Health Care Facility, Belcourt, ND

This RFP is being solicited as 100% Small Business Set Aside under NAICS 238220, Plumbing, Heating, and Air Conditioning Contractors. Size standard $16.5M.

Magnitude of Construction is between $500,000.00 $1,000,000.00

U.S. Department of Labor Wage Determination: ND20220029 dated 7/22/2022 is applicable to this solicitation.

Email proposals to thupten.tsering@ihs.gov

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

TERO is applicable. Contact Sherry Baker, TERO Director, 701-477-2663

See Item 7

TBD

Thupten Tsering 206-615-2452

GP21TM203H6

1 4409/12/2022

10/11/2022

12:00PM

FAR 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

B.4 G.5

See Item 7 IHS - Great Plains Area Office 115 4th Avenue SE, Room 309 Aberdeen, SD 5740

Andrew Hart, Supervisory Contracting Officer

GP21TM203H6 Belcourt Replace Dry Coolers Design-Build

Solicitation No. 75H70122R00079 3

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

Bidders.

B.3. Disclosure of the Magnitude: In accordance with FAR 36.204, this project is estimated to be between $500,000.00 and

$1,000,000.00

B.4. Incidental Payment Items: The intent of this effort is to provide for the complete work of the project described in Section C.

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

Firm-Fixed Price (FFP) of the contract). All other work and materials will be considered as incidental to and included in the payment for items shown

B.5. Taxes & Fees: Offerors are responsible for allowing for all applicable state, local and tribal (where applicable) taxes and fees within their proposals and to perform their own due diligence in ascertaining them. The contractor is responsible to pay all applicable

Tribal fees and/or taxes, or applicable requirements that may be incurred as a result of this project. Failure on the part of the successful Offeror not to include these fees or the appropriate impacts will not constitute a request for an equitable adjustment to the contract price.

B.6. TERO: TERO is applicable. TERO contact: Sherry Baker, TERO Director, 701-477-2663

B.7. Pricing Data Submission: In accordance with FAR 15.403-3(a)(ii), Requiring Data Other Than Certified Cost or Pricing Data, the Contracting Officer may request, and offerors must be prepared to submit, pricing data to show a further breakdown of costs for the above CLIN(s). This may be requested so that the determination of a fair and reasonable price can be made by the Contracting

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

B.8. 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.9. Period of Performance: The contractor shall proceed and complete the work, including cleanup within 230 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 an NTP.

The award is not the NTP for this contract work. Prior to issuance of an 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.10. HHSAR 352.232-71, Electronic Submission of Payment Requests (Feb 2022): This clause has been added in full text at Section I. Please follow instructions for submitting invoices by email in Paragraph B.11 and G.5 until otherwise directed.

Solicitation No. 75H70122R00079 4

B.11. SF1442, Block 24: Invoices for payment shall be sent to the COR and Contracting Specialist via email. The invoice will be reviewed and signed by the COR (signature) prior to submission to the Contracting Officer. The signed payment invoice shall be sent via e-mail to IHS Contracting Officer for final approval.

B.12. 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

Solicitation No. 75H70122R00079 5

SECTION C. STATEMENT OF WORK

Solicitation No: 75H70122R00079

Project Name: Belcourt Replace Dry Coolers Design-Build

Project Location: Quentin N. Burdick Memorial Health Care Facility Belcourt, ND

IHS Project No: GP21TM203H6

1. Project Description

The contractor shall furnish all labor, equipment, materials, and testing for the design and construction of new dry coolers. The new dry coolers will be designed to be placed on the rooftop of the Quentin N Burdick Hospital located in Belcourt, ND.

2. Background: The dry coolers were previously located on the rooftop. In the past, the dry coolers were moved off the roof and located on the ground on the west side of the facility. The current dry coolers have issues collecting dirt and other air-born debris.

Recently, difficulties maintaining humidity levels inside the hospital operating room, have led the facility to use water sprinklers to temporarily increase the cooling capacity of the dry coolers. As a result of the sustained use of water sprinklers, the radiator fins have accumulated a calcium build up that reduces the overall efficiency of the dry coolers. The facility needs to replace the existing dry coolers and move them to the facility rooftop. New dry coolers will help prevent operating room shut downs and prevent debris build up inside the dry coolers. The steel structure, which previously supported rooftop dry coolers, remains on the rooftop. The design should take the existing structure into consideration for use with the new dry coolers.

3. Related Documents

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

b. IHS Architecture and Engineering Design Manual – 2019

c. FGI 2018 – Healthcare Facility Design Guide

d. NFPA 101 Life Safety Code – 2012

e. NFPA 70 National Electric Code (NEC)

f. ASHRAE 170

g. ASHRAE Fundamentals Handbook 2017

h. NFPA 99 Healthcare Facilities Codebook, 2012

4. Common Acronyms or Definitions

a. IHS – Indian Health Service

b. CMS – Centers for Medicare & Medicaid Services

c. TM – Turtle Mountain

d. QNBMHCF – Quentin N. Burdick Memorial Health Care Facility

e. BAS – Building Automation System

f. Metasys – Name of the existing BAS

g. CO – Contracting Officer

h. COR – Contracting Officer’s Representative

i. PM – Project Manager

j. IGCE – Independent Government Cost Estimate

k. BIM – Building Information Model

l. LOD – Level of Design

m. CAD – Computer Aided Design

n. RFI – Request For Information

5. Scope of Work (SOW) The scope of this project includes all design, demo, new installation, commissioning and clean up of the products described below. The Design Builder shall provide all engineering, design, material, labor, equipment and supervision required to accomplish the following:

a. Materials: All materials shall be stored and handled according the manufacturers’ recommendations. All materials shall be submitted to the COR prior to ordering, for approval by the project engineer.

b. Design: The Design Builder shall develop all drawings, plans, and specifications for the complete construction documents as defined below.

6. Scope of Design: The Design Builder shall provide a design for new dry coolers at the Quentin N Burdick Memorial Health

Facility. The design shall include the demolition of the existing dry cooling units. The dry coolers should be designed to fit on the

Solicitation No. 75H70122R00079 6 rooftop and utilize the existing red iron structure that previously held the old dry coolers. See Appendix A for aerial photo. The dry coolers shall be designed to meet the cooling capacity of the existing chillers (plus 10%) and incorporated facility and HVAC equipment. Adiabatic fluid coolers are not allowed.

a. The existing coolers are Chandler fluid coolers. Direct Drive Fluid Coolers, model HFS-998. The existing chillers are

Trane RTWD Series R™ 130 Ton Water-Cool. Model #

RTWD130F2A02A1B2AA2A1A1Y1D1A10001000000B70010BD--------2000. See Appendix B for existing documentation.

b. The new fluid coolers shall have cotton wood screens and the controls shall match the existing controls on the facilities

BAS, JCI’s Metasys system which shows input & output temperatures of both dry coolers. They shall also have temperature and pressure 3” analog gauges on the inputs & outputs directly next to the unit(s). The new system shall have all associated piping insulated and jacketed and the new system shall be flushed and cleaned. Glycol will be need at the proper ratio to fill the new system. Do not reuse any of the old fluid. Suggested dry cooler is the Guntner V dry cooler with a working fluid of 50% Ethylene Glycol. Size to be designed by the mechanical engineer.

c. The design shall phase the construction to prevent the shutdown of existing HCVAC equipment to the maximum extent possible. The design shall be completed by a licensed professional mechanical engineer. The design shall also include a review of both the structural and electrical and provide at a minimum a signed report by the engineer. The design shall be accomplished in accordance with current NFPA 101 Life Safety Codes, International Fire Codes, International Building

Codes, International Energy Conservation Codes, Uniform Plumbing Codes, National Electric Code, and American

Society of Heating Refrigerating and Air Conditioning Engineering guidelines. Past construction documents are available upon request for the Design Builder. However, these construction documents are not necessarily representative of the current state of the facilities equipment and will need to be verified in the field by the contractor.

7. Design Submission Requirements:

a. Qualifications: Engineers registered/licensed to practice in their professional field in North Dakota shall prepare the design of all drawings and specifications. The engineer shall maintain during the contract and for a period of at least 10 years after the completion of the project, professional liability insurance for issues arising from the performance of the engineer’s services caused by any negligent acts, errors or omissions for which the A/E is legally liable. Final construction documents and any subsequent design changes shall be stamped by licensed engineers licensed in the state of North Dakota.

b. Design Development Site Visit: The Design Builder shall attend a site visit after award to review the existing facility equipment and develop a conceptual design.

c. Design Concept Review Meeting: The Design Builder shall attend a scheduled planning meeting after award to gather information and to discuss conceptual design and facility requirements.

d. Design Deliverables: The Design Builder shall provide mechanical HVAC design drawings, that shall include both demolition and installation. The mechanical design shall include stamp and signed plan sheets for the demolition and installation of the old and new system. The design shall also include a review of both the structural and electrical and provide at a minimum a signed report by the engineer. The design shall include a plan for demolition of existing equipment and construction of new dry coolers. The design shall utilize existing equipment, structures, and utilities to the maximum extent possible. The deliverable from this effort will be a set of new construction documents outlining the necessary construction to accomplish the scope of work for this project. Submit full design to the COR for approval prior to moving on to the construction.

e. 100% Design Review Meeting: The contractor shall attend a 100% design review meeting with the COR and any necessary IHS personnel.

8. Demolition: The Design Builder shall remove and properly dispose of the existing dry cooling units, all associated HVAC piping and equipment to include the removal and proper disposal of the dry cooler fluid. The demolition also includes the removal and disposal of all the old piping and hangers and any refrigerant left in the piping that once served the old units on the roof. The old units with refrigerant were removed in 2012. The existing dry coolers are located on the west side of the Quentin N Burdick

Memorial Health Facility. The existing dry coolers shall be removed once the new dry coolers are fully functional. Removing dry coolers prior to construction completion will result in an unacceptable facility shut down. Demolition does include the removal of the chain-link fencing and any anchors to be cut flush to the ground that is around the existing dry coolers.

9. Construction: The construction shall be according to the approved design from above. Contractor shall work to the extent possible, any and all work to limit the down time of the HVAC chiller system.

10. Commissioning: The Design Builder shall commission the dry coolers upon completion of their construction. The systems in the building will be operated in their different modes of operation to ensure the facility operates properly as a whole. This testing provides both Owner with documentation that the building was operating properly at turnover. The commissioning will ensure the

Solicitation No. 75H70122R00079 7 installed dry coolers meet the needs required by the facility. The Commissioning Authority shall schedule and direct the testing once all construction checklists have been completed by the Commissioning Authority. The Commissioning Authority will provide all participating parties, including the project officer, a performance test plan in advance of scheduled testing. Skilled technicians shall be provided by the appropriate contractor familiar with the system and building to execute the functional performance testing of the control system and perform functional performance testing of the equipment. The Design Builder shall assign representatives with expertise and authority to act on its behalf and shall schedule them to participate in and perform commissioning process activities including, but not limited to, the following:

a. Evaluate performance deficiencies identified in test reports and, in collaboration with entity responsible for system and equipment installation, recommend corrective action.

b. Cooperate with the Commissioning Authority for resolution of issues recorded in the Issues Log.

c. Integrate and coordinate commissioning process activities with construction schedule.

d. Review and accept construction checklists provided by the Commissioning Authority.

e. Complete paper construction checklists as work is completed and provide to the Commissioning Authority as requested.

f. Review and accept commissioning process test procedures provided by the Commissioning Authority.

g. Complete commissioning process test procedures.

11. Installation: The Design Builder shall construct new dry coolers on the rooftop of the Quentin N Burdick Memorial Health

Facility in accordance with the IHS approved construction design documents. The new dry coolers shall meet the cooling capacity of the existing chillers along with the incorporated facility and HVAC equipment.

12. Addition Facility Requirements: Contractor shall comply with the requirements of the hospital’s Facility Manager, Infection

Control Officer and Safety Officer. Contractor shall communicate with facility staff to ensure construction does not interrupt essential hospital activities. These requirements will be laid out during the pre-construction meeting. Other permits and requirements will be given after the pre-construction meeting, the infection control risk assessment (ICRA), and pre-construction risk assessment (PCRA) are completed.

13. Clean Up: Jobsite shall be cleaned daily. 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. Debris from the project area shall be placed in covered containers inside the project workspace and then removed from the project area to a disposal location. The site will be inspected by the engineer prior to final payment to ensure the sites return to their original condition prior to construction.

14. 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.

15. Additional Facility Requirements: PROTECTION OF ROOF is paramount. The roof EPDM roof was replaced in 2021.

Contractor shall protect the roof from all potential hazards during construction. New walk off mats shall be installed around the new dry coolers prior to construction and permanently installed for use by the maintenance staff. A professional roofer with experience with EPDM roofs, shall be utilized for all new roof penetrations and/or roof patches. PATCHING HOLES. Once the existing dry coolers are removed and disposed of, there will be holes through the building wall and floor that will need to be patched. Patch with like materials as to the makeup of the wall or floor.

16. Submittals: 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.

a. Design Drawings and specifications

b. Dry Coolers and associated equipment and materials.

17. Schedule/Meetings

a. The general contractor shall submit a detailed schedule to the COR for approval within (14) calendar days of the contract award date.

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.

Solicitation No. 75H70122R00079 8

18. Miscellaneous

a. TERO/EPA: The contractor is required to acquire and maintain a tribal business license before any work will commence. The contractor shall comply with the Tribal Employment Rights Ordinance (TERO) and pay TERO and

EPA fees.

19. Construction Materials and Storage

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

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

c. 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.

d. 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.

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

Brad Weekley, General Engineer

Great Plains Area Indian Health Service

Division of Facilities Management & Engineering

2050 36th Ave SW, Ste. 102

Minot, ND 58701

Office: 701-420-9201

Brad.Weekley@IHS.gov

21. Closeout Documents

The Contractor shall submit one hard copy and one electronic 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.

22. See SOW Tab A and Tab B below.

mailto:Brad.Weekley@IHS.gov

Solicitation No. 75H70122R00079 9

SOW TAB A

Solicitation No. 75H70122R00079 10

SOW TAB B

EXISTING DOCUMENTATION LIST

1. Selected existing building Mechanical Sheets M-1 through M-6 (note these shows both the previous chillers and air-cooled condensers. They were demolished in 2012 and replaced.)

2. Existing submittal information for both the existing chillers and the fluid coolers.

Solicitation No. 75H70122R00079 11

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.

Solicitation No. 75H70122R00079 12

SECTION E. INSPECTION AND ACCEPTANCE

All work under this contract is subject to inspection and final acceptance by the Contracting

Officer or the duly authorized representative of the government.

The Government’s Contracting Officer’s Representative (COR) is a duly authorized representative of the government and is responsible for inspection and acceptance of all items to be delivered under this order.

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

FEDERAL ACQUISITION REGULATION (FAR)

CLAUSE

NUMBER

TITLE DATE

52.246-12 Inspection of Construction AUG 1996

Solicitation No. 75H70122R00079 13

SECTION F. DELIVERIES OF PERFORMANCE

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

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

(End of clause)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

Number Title Date

52.242-14 Suspension of Work Apr 1984

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

The Contractor shall be required to

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

(b) prosecute the work diligently, and

(c) complete the entire work within 230 calendar days of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises. Performance time will include submittals and approvals.

(End of Clause)

F.1. SUPERINTENDENT ON SITE

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

All communications between the 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.

F.2. REMOVAL OF PERSONNEL

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

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

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

Solicitation No. 75H70122R00079 14

SECTION G. CONTRACT ADMINISTRATION DATA

G.1. CONTRACTING OFFICER’S AUTHORITY

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

G.2. CONTRACTING OFFICER’S REPRESENTATIVE

(a) [TO BE ASSIGNED BY SEPARATE LETTER AT CONTRACT AWARD] is hereby designated as the Contracting Officer’s

Representative (COR). The COR may be changed at any time by the Government without prior notice to the Contractor by a unilateral modification to the contract. The COR is located at: see separate letter at contract award

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

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

The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting

Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the Contractor.

G.3. PAYMENT PROCESS

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

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

(2) The cost of preparatory work (e.g., shop drawings or product submittals), field and home office overhead, profit, insurance, taxes, warranties, as built drawings, etc., shall be pro-rated into items of physical work and not listed as separate line items. Cost of

Performance and Payment Bonds may be listed as a single line item and not pro-rated. Also, cost of mobilization and demobilization relating to transportation or installation costs associated with such items as site trailers, heavy equipment, temporary batch plants, temporary on site manufacturing and assembly facilities, temporary on site quarter’s facilities, temporary sanitation facilities, temporary utility connections, and/or temporary secured storage facilities may be listed as line items and not pro-rated. If mobilization is listed separately, a line item for demobilization must be included and shall be at least 20 percent of the mobilization cost. A detailed listing of the items included and the individual cost for each item shall be provided in support of proposed amounts for mobilization and demobilization.

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

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

(1) Requests are to be submitted with signature for the contractor certification statement (scanned signature okay) to the Designated

Billing Office. Use of a format that complies with all of the requirements of the “Payments” clause of the contract is mandatory. A sample format is available from the Contracting Officer.

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

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

Solicitation No. 75H70122R00079 15

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

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

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

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

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

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

G.5. INVOICE REQUIREMENTS

(a) Invoices must be prepared and submitted and will be paid in accordance with the following FAR clauses specified in Section I:

(1) FAR 52.232-5, Payments Under Fixed -Price Construction Contracts (May 2014)

(2) FAR 52.232-27, Prompt Payment for Construction Contracts (Jan 2017)

(3) FAR 52.232-33, Payment by Electronic Funds Transfer-- System for Award Management (Oct 2018)

(4) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

(b) The Designated Billing Office for this contract is the same as the address for correspondence, sent to the attention of the

Contracting Officer. Invoices for payment shall be sent via e-mail to the COR and CO for processing and approval.

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

(d) The final invoice must be marked “Final” and be accompanied by a Release of Claims form, which states the final payment as outstanding, in the Remarks field. The Release of Claims form is available from the CO. Final payment will be made within 30

Calendar days upon receipt of a properly executed invoice.

(e) The contractor will contact the Designated Billing Office with any payment issues or concerns.

Note: In accordance with FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)—Upon receipt of accelerated payments from the Government, the contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. This applies to all small business subcontractors at all tier levels.

G.6. ADDRESS FOR CORRESPONDENCE

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

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

Indian Health Service

701 5th Ave. STE 1600

Seattle, WA 98104

Solicitation No. 75H70122R00079 16

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H.1. SUBCONTRACTS

(a) Nothing contained in the contract shall be construed as creating any contractual relationship between any subcontractor and the

Government. The divisions or sections of the specifications are not intended to control the contractor in dividing the work among subcontractors, or to limit the work performed by any trade.

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

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

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

H.2. SUBCONTRACTING

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

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

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

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

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

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

H.3. STANDARD REFERENCES

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

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

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

H.4. WORK HOURS AND ACTIVE GOVERNMENT OPERATIONS

Normal work days and hours are Monday through Friday, 7:00 am to 5:00pm excluding federal holidays for occupied facilities and no set times or days for unoccupied spaces. The contractor shall notify the COR a minimum of 72 hours in advance of arriving on site to complete work and check in with the COR upon arrival. A minimum of 48 hours of advance notice is required for special request to work outside of normal work hours.

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

(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

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Washington’s Birthday Third Monday in February

Memorial Day Last Monday in May

Juneteenth June 19

Independence Day July 4

Labor Day First Monday in September

Columbus Day Second Monday in October

Veteran’s Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25

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

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

H.5. MATERIALS ON SITE

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

H.6. OPERATION AND STORAGE AREAS

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

H.7. ACCIDENT PREVENTION

Reference FAR 52.236-13 Accident Prevention. The contractor shall submit for approval a written Safety and Accident Prevention

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

H.8. AVAILABILITY OF UTILITY SERVICES

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

H.9. PRECONSTRUCTION CONFERENCE

Reference FAR 52.236-26 Preconstruction Conference. The Contracting Officer will conduct a preconstruction conference. Location is TBD upon award, but will most likely be at the site. The Contracting Officer, COR, and contractor are required to participate. The

Contracting Officer may designate required attendance for subcontractors. The Contracting Officer and COR may attend the conference via conference or video call.

H.10. TRUCKING

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

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

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

H.11. SALVAGE

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

H.12. NEW WORK

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

H.13. EXISTING WORK

(a) Existing work shall be cut, drilled, altered, removed or temporarily removed and replaced for performance of work under the contract. Work replaced shall match similar existing work. Structural members shall not be cut or altered, except as shown, without

Solicitation No. 75H70122R00079 18 authorization of the Contracting Officer. Work remaining in place damaged or defaced during this contract shall be restored to the condition at time of award of contract.

(b) Discolored or unfinished surfaces exposed by removal of existing work and indicated to be the final exposed surfaces shall be refinished or the material shall be replaced to be uniform and harmonious with contiguous work. Work out of alignment, where exposed by removal of existing work, shall be called to the Contracting Officer’s attention. Corrective work, directed by the

Contracting Officer will be subject to adjustment of the contract in accordance with FAR 52.236 2, “Differing Site Conditions.”

H.14. WARRANTY OF CONSTRUCTION

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

H.15. AS BUILT DRAWINGS

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

H.16. EQUITABLE ADJUSTMENTS DUE TO CHANGES

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

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

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

(3) Construction equipment

(4) Workmen’s compensation

(5) Overhead

(6) Profit

(7) Employment taxes under FICA, FUTA and SUTA

(8) Bond (prime contractor only)

(9) Sales Tax

(10) Direct Performance Time of Change

(11) Impact on Schedule, if any

(12) Impact Costs, if any

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