B01 RFP 75H701-24-R-00039.pdf

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

Solicitation Number: 75H701-24-R-00039 Multiple Duplex Sitework & Foundations

Pine Ridge, Kyle, and Wanblee, SD Pineridge, SD 57770

Kyle, SD 57752 Wanblee, SD 57577

SITE VISIT: June 27, 2024 @ 10:00 AM MST (local time) (L.7.) unless changed by Amendment

PROPOSAL DUE DATE: July 16, 2024, at 2:00 PM MDT (SF 1442, Block 13a), unless changed by Amendment

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.

Solicitation 75H701-24-R-00039 Pine Ridge, Kyle, Wanblee Multiple Duplex Sitework & Foundations

Table of Contents SECTION A – STANDARD FORM 1442, SOLICITATION, OFFER, AND AWARD (Construction, Alteration, Or Repair)

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D – PACKAGING AND MARKING

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 ATTACHMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

SECTION L – INSTRUCTIONS, CONDITIONS, & NOTICES TO OFFERORS

SECTION M – EVALUATION FACTORS FOR AWARD

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

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

is, is not required.

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)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

75H701-24-R-00039

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

Project: Multiple Duplex Sitework & Foundations Pine Ridge, Kyle, and Wanblee, SD

Locations: Pine Ridge, SD 57770; Kyle, SD 57752; Wanblee, SD 57577

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

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

CONSTRUCTION MAGNITUDE: The magnitude of this construction project is anticipated to be between $5,000,000 and $10,000,000, in accordance with FAR 36.204.

TERO is applicable, see provision H.48. TRIBE REQUIREMENTS – OGLALA SIOUX TRIBE.

Indian Health Service Division of Engineering Services (DES) - Dallas Attn: Jenny Scroggins 1301 Young St., Suite 840 Dallas, TX 75201-5433

Joshua VanSkike (214) 615-2480 or joshua.vanskike@ihs.gov

2 5906/13/2024

7/16/2024

2:00 PM

10 days after award

F.2. FAR 52.211-10

AWARD (To be completed by Government)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

B.3.

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

Indian Health Service Great Plains Attn: Financial Management 115 4th Avenue SE, Room 309 Aberdeen, SD 57401

Jennifer J. Scroggins

LUMP SUM TOTAL $________________

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. PRICE SCHEDULE

CLIN ITEM QTY UNIT UNIT PRICE TOTAL PRICE

0001 PINE RIDGE Sitework, Utilities, Driveways 1 LS

0002 KYLE Sitework, Utilities, Driveways 1 LS

0003 WANBLEE Sitework, Utilities, Driveways 1 LS

BASE SUBTOTAL:

OPTIONS

0001a PINE RIDGE Foundations, Utility Connections & Garages (00N41) Reference Attachment J01a, pg C201 1 EA

0001b PINE RIDGE Foundations, Utility Connections & Garages (00N43) Reference Attachment J01a, pg C201 1 EA

0001c PINE RIDGE Foundations, Utility Connections & Garages (00N45) Reference Attachment J01a, pg C201 1 EA

PINE RIDGE OPTIONS SUBTOTAL:

0002a KYLE Foundations, Utility Connections & Garages (00021) Reference Attachment J01a, pg C202 1 EA

0002b KYLE Foundations, Utility Connections & Garages (00022) Reference Attachment J01a, pg C202 1 EA

0002c KYLE Foundations, Utility Connections & Garages (00023) Reference Attachment J01a, pg C202 1 EA

0002d KYLE Foundations, Utility Connections & Garages (00024) Reference Attachment J01a, pg C202 1 EA

0002e KYLE Foundations, Utility Connections & Garages (00025) Reference Attachment J01a, pg C202 1 EA

KYLE OPTIONS SUBTOTAL:

0003a WANBLEE Foundations, Utility Connections & Garages (00N16) Reference Attachment J01a, pg C203 1 EA

0003b WANBLEE Foundations, Utility Connections & Garages (00N17) Reference Attachment J01a, pg C203 1 EA

0003c WANBLEE Foundations, Utility Connections & Garages (00N18) Reference Attachment J01a, pg C203 1 EA

0003d WANBLEE Foundations, Utility Connections & Garages (00N19) Reference Attachment J01a, pg C203 1 EA

WANBLEE OPTIONS SUBTOTAL:

ALL OPTIONS (PINE RIDGE, KYLE & WANBLEE) TOTAL:

BASE + ALL OPTIONS (PINE RIDGE, KYLE & WANBLEE) TOTAL:

NOTES:

As a reminder, all offerors are responsible for allowing for all applicable state, local taxes and fees within their bids and to perform their own due diligence in ascertaining them. The Contractor is responsible to pay all applicable 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

Pine Ridge, Kyle, Wanblee Multiple Duplex Sitework & Foundations equitable adjustment to the contract price.

B.2. 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, taxes and fees required to complete the project in accordance with the attached drawings, 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.3. SF1442, Block 24: Submit invoices in accordance with Section I, HHSAR 352.232-71, Electronic Submission of Payment Requests and Section G, G.4 through G.6.

B.4. Pricing Data Submission: In accordance with FAR 15.403-3(a)(ii), Requiring Data Other Than Certified Cost or Pricing Data, it may be requested that pricing data be submitted to show the breakdown of costs for the above CLIN. 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 shall have the direct labor cost and the direct material cost broken out.

B.5. Wage Determination: Construction wages shall be paid for all applicable labor categories for each price schedule line item and shall be included in all pricing in accordance with FAR 52.222-6, Construction Wage Rate Requirements. The applicable Wage Determination is included in Section J, Attachment J02.

B.6. OPTIONS: The Government will evaluate the optional CLINs 0001a-c, 0002a-e and 0003a-d in accordance with FAR Clause 52.217-5 Evaluation of Options. Option CLINs 0001a-c, 0002a-e and 0003a-d may or may not be awarded and may be exercised at the time of award OR within 90 days from date of award. The Government may exercise none, one singularly, a combination of more than one or all options listed above in accordance with FAR Clause 52.217-7 Option for Increased Quantity—Separately Priced Line Item. The Option CLINS 0001a-c, 0002a-e and 0003a-d shall include all applicable OH/profit/ taxes/fees/bonding.

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/STATEMENT OF WORK

STATEMENT OF WORK

Sitework & Foundations for Multiple Duplexes Pine Ridge, SD; Kyle, SD; Wanblee, SD

1. Project Description

A. Title: Sitework & Foundations for Multiple Duplexes

B. Location: All project elements shall be located at the Pine Ridge Hospital in Pine Ridge, South Dakota; Kyle Health Center in Kyle, South Dakota; and Wanblee Health Center in Wanblee, South Dakota.

C. Period of Performance: 730 calendar days from Notice to Proceed.

D. Description: This project involves various construction tasks, including site preparation, utility installations, foundation and driveway installation, final connections, and garage building for 12 duplexes that will be built off-site and delivered to Pine Ridge, Kyle, and Wanblee. Appendix A displays the 12 pre-designed site locations. The drawings shade all the construction details unrelated to this project.

E. Background: The Indian Health Service has leased the land required to build housing to accommodate the hospital and health centers' staffing needs. A comprehensive design has been completed for all locations, covering civil, electrical, mechanical, plumbing, architectural, and fire protection aspects.

F. Related Documents: All codes and standards listed in the Plan Sheets and Specifications shall also be adhered to.

G. Common Acronyms or Definitions

a. IHS – Indian Health Service

b. PR – Pine Ridge

c. KY – Kyle

d. WB – Wanblee

e. CO – Contracting Officer

f. COR – Contracting Officer’s Representative

2. Statement of Work

This project includes all the work shown in the Civil Site Plans, Plan Set, and Specifications for the Sitework & Foundations package. The Civil Site Plans are dated January 11, 2024 (see Attachment J01a);

the Plan Set is dated January 11, 2024 (see Attachment J01b); the Specifications (Vol. 1 & 2) are dated February 23, 2024 (Vol. 1, see Attachment J01c & Vol. 2, see Attachment J01d); and the Geotechnical Evaluation Report is dated May 18, 2022 (see Attachment J01e).

Note: Only Pine Ridge, Kyle, and Wanblee Duplex sites shall be constructed on this project. Fort Thompson shall not be constructed on this project. This excludes sheets C004, C104, C204, C308, C309, C310, and C404 from the civil site plans. All pages have been marked with a red X.

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

A. Pine Ridge: All site work, utilities, and driveways must be established for all three duplex locations as shown on C201. The driveway shall extend 10 feet from the back of the sidewalk.

The foundation construction, final utility connections, and garages are to be completed only after the availability of off-site duplex construction is confirmed.

Optional Services. Each of the following Option CLINs, as indicated in Section B.1., above, can be located in the following attachment:

i. (00N41): Attachment J01a, page C201.

ii. (00N43): Attachment J01a, page C201.

iii. (00N45): Attachment J01a, page C201.

B. Kyle: All site work, utilities, and driveways must be established for all five duplex locations as shown on C202. The driveway shall extend 10 feet from the back of the curb. The foundation construction, final connections, and garages are to be completed only after the availability of duplex construction is confirmed.

Optional Services. Each of the following Option CLINs, as indicated in Section B.1., above, can be located in the following attachment:

i. (00021): Attachment J01a, page C202.

ii. (00022): Attachment J01a, page C202.

iii. (00023): Attachment J01a, page C202.

iv. (00024): Attachment J01a, page C202.

v. (00025): Attachment J01a, page C202.

C. Wanblee: All site work, utilities, and driveways must be established for all four duplex locations, as shown on C203. The driveway shall extend 10 feet from the back of the gravel road. The foundation construction, final connections, and garages are to be completed only after the availability of duplex construction is confirmed.

Optional Services. Each of the following Option CLINs, as indicated in Section B.1., above, can be located in the following attachment:

i. (00N16): Attachment J01a, page C203.

ii. (00N17): Attachment J01a, page C203.

iii. (00N18): Attachment J01a, page C203.

iv. (00N19): Attachment J01a, page C203.

D. Warranty: In addition to the warranties laid out in the specifications, the contractor shall provide a one-year warranty from the time of substantial completion of the entirety of this project. The warranty shall include material, labor, travel, and expenses with no deductibles.

E. Safety: The contractor will provide all materials and labor to secure the work site and ensure safety for all workers. The contractor will also be accountable for traffic management, including providing personnel safety flags, cones, barriers, signs, and any other necessary equipment.

Throughout the project, all aspects must adhere to OSHA regulations.

F. Staging Area: Before mobilizing, the contractor, facility manager, and COR shall agree upon a staging area.

G. Waste Management & Clean Up: The contractor must submit a Waste Management Plan per specification 017419. It is required to clean the construction site daily. All materials and equipment must be secured from wind damage to prevent them from being carried by the wind to other areas, including the flight path or landing zone of the emergency helicopter. The contractor will be held responsible for any damage to property caused by unsecured material or equipment. Upon project completion, the construction areas must be free of debris, rubbish, and leftover material scraps. The contractor must provide trash receptacles to collect and remove this debris from the project site. The COR will inspect the site before final payment to ensure it returns to its original condition before construction.

H. Site Restoration: The construction site must be clean of all materials, debris, and rubbish. It is the contractor's responsibility to remove any such debris and restore any property outside the construction limits, as approved by the COR, to its original condition. Before the start of construction, photographs must be taken to document the site's original condition.

3. Submittals

A. Submittals shall follow the specification 013300 and be submitted to the COR for approval. A submittal schedule can be provided upon request. Any substitutions shall follow specification 013300.

B. All materials shall be submitted and approved by the COR before ordering.

C. See also contract clause at Section H, H.15. SUBMITTALS.

4. Schedule/Meetings

A. The general contractor shall submit a detailed schedule, in Gantt chart form, to the COR for approval within (14) calendar days of the Notice to Proceed.

B. Pre-Construction Meeting: One pre-construction meeting shall be conducted before the construction of the contract starts. See also contract clause at Section H, H.18.

PRECONSTRUCTION CONFERENCE.

C. Progress Meetings: Progress meetings shall be conducted at regular intervals as merited by the progress of the work, but no less than every other week. See also contract clause at Section H, H.19. PROGRESS MEETINGS.

D. Substantial Completion: Following the general contractor's notification of the COR that the project is substantially complete, one substantial completion meeting shall be held. Substantial completion means the project is fit for its intended use, with only minor lingering details to finish. The owner can use the facility when a project is substantially complete. See also contract Section E – Inspection and Acceptance.

E. Final Completion: One completion meeting shall be held following the determination that the project is 100% complete. See also contract Section E – Inspection and Acceptance.

5. Miscellaneous

A. Security Requirements:

(1) All contractors must check in with the Facility Manager/Housing Manager before commencing work on any project.

(2) See also contract clause at Section H, H.43. CONTRACTOR EMPLOYEE SECURITY

CLEARANCE RESPONSIBILITIES.

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

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

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

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

(4) The contractor shall maintain Workers’ Compensation and other legally required insurance for its employees and agents.

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

(6) See also contract clause at Section H, H.41. CONTRACTOR LIABILITY FOR PERSONAL

INJURY AND/OR PROPERTY DAMAGE.

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

D. Temporary Utilities: The contractor shall be responsible for providing all temporary utilities related to this project.

E. Correspondence: See contract clause at Section G, G.3. ADDRESS FOR CORRESPONDENCE. Each letter, document, etc., shall contain the following information:

(1) Date

(2) Project Numbers, Contract Number, Delivery Order Number, and Service Unit

Name/Location.

(3) Name of those who were sent copies.

F. Superintendent. The prime contractor shall have an onsite superintendent for this project while any work is being performed unless prior approval is granted from the COR. Submit the proposed Superintendent, with a complete resume, to the COR before the Notice to Proceed for approval.

G. Tribal Requirements: See contract clause at Section H, H.48. TRIBE REQUIREMENTS – OGLALA

SIOUX TRIBE.

H. Construction Materials and Storage

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

(2) The contractor(s) shall be present and on-site to receive all construction materials, equipment, or products. IHS staff will not be present and responsible, nor will they obtain or provide offloading equipment for construction materials, products, or equipment. The contractor(s) is responsible for adequately receiving construction equipment, products, and on-site materials.

(3) The contractor(s) shall provide the means of storing any 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 all parties deem the project substantially completed.

I. Hours of Operation: See contract clause at Section H, H.1. WORK HOURS.

J. Redlines. The prime contractor is responsible for maintaining accurate drawings during construction. This includes all disciplines and all drawing pages. The set shall be kept on sight, bound in one continuous copy, and labeled on the front title page as “Official Redline As-Builts.”

The set shall be made available to the COR during the project's construction for inspection. A clean, non-damaged, complete project drawing redline set shall be submitted for approval at the end of the project. The set shall be signed and dated by the prime contractor’s Project Manager and Superintendent as the final redline set.

7. Contracting Officer’s Representative: The Contracting Officer Representative will be appointed via a separate memorandum at the time of the award. The Contracting Officer will document any change in COR designation in writing.

8. Closeout Documents: The contractor shall submit one hard copy set of all final, installed submittal items, accessories, and all installation/operation/maintenance documents to the COR for approval.

These shall be delivered in labeled 3-ring binders. The final installed submittal package and O&M shall also be sent electronically to the COR. In addition, submit the final redline as-builts per section 5 above.

If discrepancies are found between the attached plans/specifications and codes or standards as referenced, the codes or standards shall govern, unless noted otherwise.

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 Facility Manager.

SECTION E – INSPECTION AND ACCEPTANCE

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

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

https://www.acquisition.gov/far/ (End of clause)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

Number Title Date 52.246-12 Inspection of Construction Aug 1996

E.2. INSPECTION OF SITE

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

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

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

E.3. INSPECTION AND ACCEPTANCE

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

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

(a) Substantial Completion Inspection

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

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

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

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

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

(b) Final Inspection

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

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

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

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

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

END OF SECTION

SECTION F – DELIVERIES OR PERFORMANCE

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

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

https://www.acquisition.gov/far/ (End of clause)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

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

CLAUSES INCORPORATED IN FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) https://www.acquisition.gov/far/ complete the entire work ready for use not later than 730 calendar days after the date the contractor receives the Notice to Proceed (NTP). The time stated for completion shall include final cleanup of the premises.

(End of clause)

F.3. EVALUATION OF CONTRACTOR PERFORMANCE

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

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

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

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

SECTION G – CONTRACT ADMINISTRATION DATA

G.1. CONTRACTING OFFICER

The Contracting Officer (CO) is the individual appointed with the authority to enter into, obligate funds, administer and make related determinations pertaining to the contract on behalf of the federal Government. The Contracting Officer must sign all contractual documents, including contract modifications, and approve payment requests. The Contracting Officer is the only individual authorized to make changes to the contract.

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

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

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

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

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

https://www.cpars.gov/index.htm

G.3. ADDRESS FOR CORRESPONDENCE

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

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

Indian Health Service (IHS) – Division of Engineering Services - Dallas Attn: Jenny Scroggins 1301 Young St., Suite 840 Dallas, TX 75201-5433

G.4. PAYMENT PROCESS

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

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

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

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

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

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

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

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

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

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

G.5. PAYMENT FOR MATERIALS STORED ON SITE

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

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

(1) The contractor shall furnish the contracting officer a list of the major high-cost items to be incorporated into the contract and for which payment, prior to installation, will be requested. Those items approved by the contracting officer will be entered on the Schedule of Values, as a percentage factor, or factors if items are listed individually.

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

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

(i) Certified paid vendor invoices

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

(iii) Accepted delivery tickets, if applicable.

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

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

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

G.6. INVOICE REQUIREMENTS

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

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

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

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

2018)

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

2023)

(5) HHSAR 352.232-71, Electronic Submission of Payment Requests (Feb 2022)

(b) For the first payment, the signed payment invoice shall be sent via e-mail to the IHS Contracting Officer for validity prior to any submission in the IPP system.

(c) Invoices for payment shall be sent via e-mail to the Contract Specialist at Joshua.VanSkike@ihs.gov, Contracting Officer at Jenny.Scroggins@ihs.gov, and the designated Contracting Officer’s Representative (COR). The invoice will then be reviewed and signed by the COR prior to submission to the Contracting Officer for final approval.

(d) Progress payments WILL be authorized for this project.

(e) The final invoice must be marked “Final” and be accompanied by a Release of Claims form, which lists the final payment as outstanding, in the Remarks field. The Release of Claims form is available from the CO. Final payment will be made within 30 calendar days upon receipt of a properly executed invoice.

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

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

G.7. CERTIFICATION OF PAYMENTS - RELEASE OF CLAIM

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

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

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

G.8. TIME EXTENSION FOR UNUSUALLY SEVERE WEATHER

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

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

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

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

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

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

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. WORK HOURS

Normal business hours are 8:00 AM – 5:00 PM, Monday through Friday (excluding Federal holidays).

Work at other times must be approved by the COR. Requests to work outside normal business hours shall be submitted in writing to the COR not less than 48 hours in advance of the proposed modified schedule. This requirement is due to the need for security of patients, government personnel and property. There must be a 'responsible government agent' on site when any contractor is present on IHS property.

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

H.2. FEDERAL HOLIDAYS

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

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

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

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

H.3. 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) In accordance with FAR 52.222-11 Subcontracts (Labor Standards) 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.4. SUBCONTRACTING

(a) The contractor shall be responsible for the management and performance of all subcontracts. The contractor shall ensure subcontractors are competent and capable of handling all assigned work.

The contractor shall ensure contract is completed within the stated requirements.

(b) 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. Reference FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

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

(d) 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 https://www.sam.gov/ to, requiring…