B01 RFP 75H70122R00037.pdf

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

SEATTLE

Solicitation Number: 75H70122R00037

Dustin Water Storage Tank Project

Indian Health Service (IHS), Office of Environmental Health and Engineering (OEHE)

PROPOSAL DUE DATE: Monday, June 6, 2022 at 2:00pm Central Time

PROJECT TABLE OF CONTENTS:

Section Taxonomy Section A Standard Form 1442, Solicitation, Offer, and Award Section B Schedule of Items / Price Schedule Section C Description and Specification (Statement of Work) Section D Packaging and Markings Section E Inspection and Acceptance Section F Deliveries or Performance Section G Contract Administration Data Section H Special Contract Requirements Section I Contract Clauses Section J List of Documents, Exhibits Section K Representations and Certifications Section L Instruction, Conditions and Notices Section M Evaluation Factors for Award

(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

75H70122R00037

Indian Health Service (IHS) Division of Engineering Services (DES) - Dallas 1301 Young Street, Suite 840 Dallas, TX 75202-5433

TITLE: Dustin Water Storage Tank Project, Project #OK-18-V41:

PROJECT OBJECTIVE: Design and construct a 50,000-gallon elevated steel water storage tank with associated piping, fittings, valves, hydrant, and appurtenances to serve the Town of Dustin.

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

PERFORMANCE PERIOD: The performance period for this contract is 270 calendar days from issuance of the Notice to Proceed (NTP).

Site Visit information can be found at Section L.8 of this solicitation. Offerors MUST confirm attendance no less than one week prior to the site visit.

ESTIMATED MAGNITUDE OF CONSTRUCTION (APR 1985) (FAR 36.204): The estimated magnitude of the proposed construction is between $500,000.00 and $1,000,000.00.

In Accordance with FAR 28.102-1(a), the contractor shall furnish Performance and Payment Bonds.

See Block 7

Jeffrey M. Haubenreiser (214) 767-8588

OK18V41

2 6705/06/2022

06/06/2022

2:00 PM

52.211-10X

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

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. CONSIDERATION

The contractor shall furnish all labor, equipment, materials, supplies, supervision, and transportation necessary and incidental for the Dustin Water Storage Tank Project in accordance with the attached Scope of Work, specifications, technical provisions, drawings, or notes attached hereto.

B.2. CONTRACT PRICING

Schedule of Prices

CLIN Description Qty Unit Unit Cost Cost Base

1 Mobilization, Demobilization, and Submittals

1 LS

2 Elevated Steel Spheroid Water Storage Tank, Foundation, and Accessories

3 Electrical and Controls 1 LS

4 Elevated Steel Spheroid Water Storage

Tank Painting

5 Elevated Steel Water Storage Tank Demolition

6 Third Party Materials Testing and Inspection

Base Total FFP Options

7 Option 1 - Connection to Existing Water System

2 EA

8 Option 2 - 6" SDR21 PVC Water Main Line Piping

330 LF

9 Option 3 - 6" Gate Valve 4 EA

10 Option 4 - Fire Hydrant 1 EA

11 Option 5 - Security Fencing 180 LF

Options Total FFP

Base + Options Total

FFP

NOTES:

B.3 Incidental Payment Items – The intent of the contract is to provide for the complete work of the project described in the contract. Unless otherwise provided, the contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies, taxes and fees requirements 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 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.4. SF1442, Block 24: Invoices for payment shall be sent to the COR and Contracting Officer via email and 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.5. 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’s. This is requested so that the Contracting Officer can make the determination of a fair and reasonable price. For example, the price breakdown shall have the direct labor cost and direct material cost broken out.

B.6. Disclosure of the Magnitude: In accordance with FAR 36.204, this project is estimated to be between $500,000 and $1,000,000.

B.7. 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(s) is included in Section J, Attachment J02.

B.8 Options: The Government will evaluate the optional CLINs 7-11 in accordance with FAR Clause 52.217-4, Evaluation of Options Exercised at Time of Contract Award (June 1988). Optional CLINs may or may not be awarded and may be exercised at the time 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 52.217-4 – Evaluation of Options Exercised at Time of Contract Award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. The Optional CLINs 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 – STATEMENT OF WORK

Dustin, OK 3/28/2022

SECTION 1. BASE BID

STATEMENT OF WORK

WATER STORAGE TANK CONSTRUCTION

1.01 SUMMARY OF WORK TO BE DONE BY CONTRACTOR

A. Design and construct a 50,000-gallon elevated steel water storage tank with associated piping, fittings, valves, hydrant, and appurtenances to serve the Town of Dustin.

B. Decommission, dismantle, and remove from the site the existing elevated steel water storage tank and appurtenances following construction and commission of the new storage tank.

1.02 SITE LOCATION

A. The project is located approximately ½ block east of the intersection of State Highway 84 and Fears Street in the Town of Dustin, Oklahoma.

B. Legal Description: N/2 NW/4 of Section 10, Township 9N, Range 12E, Hughes County, Oklahoma.

C. Latitude: 35.274449 (N) and Longitude: -96.030163 (W)

1.03 CONSTRUCTION SCHEDULE

A. Provide the Project Engineer with a written construction schedule including the anticipated start and completion dates of each major work item.

B. Present the schedule to the Project Engineer at the pre-construction conference.

C. Contact the Project Engineer three business days before the start of any work.

D. All work is to be performed Monday – Friday only. No work is to be performed on the weekends or federal holidays.

E. Contracting Officers Representative will be appointed at award.

1.04 QUALITY ASSURANCE

A. Perform work in accordance with the contract drawings, specifications, reference standards, and manufacturer recommendations.

1. If manufacturer recommendations conflict with contract documents, request clarification from

Project Engineer before proceeding.

B. Perform work under the direction of personnel licensed in the state in which construction is located and where licensing of the trade is regulated by the state including, but not limited to:

1. Plumbing.

2. Welding.

3. Electrical Work.

4. Crane Operation.

5. Heavy Equipment Operation.

6. Commercial Driving.

1.05 WARRANTY

A. Provide a minimum one-year warranty for all materials and labor, covering defects in the materials or deficiencies resulting from Contractor installation.

1.06 ELECTRICAL

A. The Contractor shall be responsible for the supply and delivery of all material and construction of the electrical system and telemetry system for the elevated steel water storage tank.

B. The Contractor shall furnish and install new telemetry equipment, including the pressure transducer, radio transmitter, power supply converter, input/output module and other telemetry required.

1. All new equipment shall be equal to and compatible with the existing telemetry of the system.

C. The Contractor shall be responsible for the coordination and installation of new electrical service line through the electrical service company (Public Service Company of Oklahoma).

1. Existing electrical drop and service meter shall remain in place.

1.07 ELEVATED STEEL WATER STORAGE TANK AND FOUNDATION DESIGN

A. The Contractor is responsible for the engineering design of the elevated steel water storage tank, pedestal, and foundation.

1. Design and construction of steel pedestal tank shall be performed by the Contractor.

2. The Contractor’s design engineer shall be a licensed professional engineer with a minimum of five years cumulative experience in the design and construction of elevated steel tanks. The design engineer shall be licensed in the State of Oklahoma.

B. The Contractor shall provide three hard copies and one electronic copy after award:

1. Detailed material and structural plans for the tank foundation, tank, and pedestal signed and sealed by a licensed professional engineer in the State of Oklahoma.

C. General design of elevated steel water storage tank:

1. 50,000 gallons (usable).

2. 96 feet in height.

3. 6” singular inlet/outlet riser pipe.

1.08 ELEVATED STEEL WATER STORAGE TANK AND FOUNDATION

A. The Contractor shall be responsible for the supply and delivery of all material and construction of the elevated steel water storage tank, pedestal, and foundation.

1. Materials shall meet the requirements of the project specifications and reference standards.

B. The Contractor shall construct the tank in a way that does not negatively impact water service throughout the distribution system.

1. The new storage tank shall be constructed and commissioned prior to removing the existing tank from service.

1.09 MULTI-COLUMN ELEVATED STEEL WATER TANK DEMOLITION

A. The Contractor shall be responsible for the decommissioning, demolition, and removal of the existing 50,000-gallon multi-column elevated steel water storage tank.

1. Work shall include the demolition and removal of the water tower structure, foundation, and associated underground piping and electrical as detailed in the specifications and project plans.

B. Existing elevated steel tank paint does have lead-based paint present so adequate abatement and remediation will be necessary.

1. The Contractor shall be responsible for containment and disposal of loose paint from existing tower in accordance with local, state and federal standards.

1.10 CLOSEOUT ACTIVITIES

A. Remove any and all waste materials from the site and restore the site to as close as is practical to its original condition.

B. Final Inspection:

1. Send written certification that work is complete and ready for Final Inspection to Project

Engineer and Contracting Officer.

2. The Contracting Officer will schedule the Final Inspection at a day and time that is convenient to all parties.

3. Provide record drawings of facilities installed to the Project Engineer at Final Inspection.

C. Punch List:

1. The Contracting Officer will provide a letter to the Contractor listing the deficiencies noted during the Final Inspection.

2. The Contractor shall correct the deficiencies in conformance with the contract drawings and specifications.

3. Send written certification that punch list items are complete to the Project Engineer and

Contracting Officer.

SECTION 2.0 OPTION BID ITEMS

STATEMENT OF WORK

WATER LINE & APPURTENANCES

2.01 SUMMARY OF WORK TO BE DONE BY CONTRACTOR

A. The following work items are optional items and shall not be performed unless authorized in writing by the Contracting Officer.

1. The Contractor to furnish all labor, personnel, materials, equipment, tools, appliances, supplies, services, permits, insurance, supervision, and facilities to connect the new 50,000-gallon single pedestal water storage tank to the existing water system. This work includes, installing 330 LF of PVC water main, necessary water main connections to the existing system, installation of 6” gate valves, fire hydrants, and all other necessary appurtenances to complete the work as specified.

2.02 PUBLIC WATER DISTRIBUTION PIPING AND APPURTENANCES

A. PVC Pipe Material Requirements:

1. SDR21 (200 psi rated).

2. Diameter: 6-inch (nominal).

3. Twenty-foot pipe lengths.

4. Gasket bell and spigot joints.

B. Install water main piping and appurtenances in the locations, sizes, and materials shown on the contract drawings and specifications.

C. Thrust blocking and/or mechanical joint restraints are to be provided at all changes in direction.

D. Trench shall have minimum 30 inches of cover on top of pipe.

E. Trench shall be no narrower than 12 inches and no wider than 24 inches.

F. Valves, hydrants, and other appurtenances shall be installed in accordance with drawings, specifications, and manufacturer recommendations.

2.03 CONNECTION TO EXISTING WATER SYSTEM

A. Contractor responsible for connecting proposed 6” water main to existing water system at stations 0+00 and 3+30 as shown on sheet 4 of 11 of plans.

B. Connections include all fittings, excavations, backfill, and necessary coordination with Owner to complete the work as specified.

2.04 SECURITY FENCING

A. Install 8.0’feet tall security fencing around new water storage tank to the dimensions shown the plans.

B. Provide personnel and vehicle access gates at locations shown on the plans.

C. Includes, all bracing, rods, latches, supports, and all other appurtenances in accordance with specifications and drawings.

2.05 TESTING

A. Test the installed facilities in accordance with specifications and reference standards.

B. The following test results shall be provided by the Contractor:

1. Leakage testing of piping, valves, and hydrants.

2. Chlorine residual testing of piping, valves, and hydrants.

3. Soil compaction testing.

4. Bacteriological testing of tank and piping.

2.06 DISINFECTION

A. Disinfect in accordance with AWWA reference standards before placing facilities into service.

1. Sample and test until two consecutive (minimum 24 hours apart) negative bacteriological results are obtained.

2. Provide a copy of the negative test results to the Project Engineer.

2.07 CLOSEOUT ACTIVITIES

A. Remove any and all waste materials from the site and restore the site to as close as is practical to its original condition.

B. Final Inspection:

1. Send written certification that work is complete and ready for Final Inspection to Project

Engineer and Contracting Officer.

2. The Contracting Officer will schedule the Final Inspection at a day and time that is convenient to all parties.

3. Provide record drawings of facilities installed to the Project Engineer at Final Inspection.

C. Punch List:

1. The Contracting Officer will provide a letter to the Contractor listing the deficiencies noted during the Final Inspection.

2. The Contractor shall correct the deficiencies in conformance with the contract drawings and specifications.

3. Send written certification that punch list items are complete to the Project Engineer and

Contracting Officer.

SECTION D

PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

(a) All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the Indian Health Service. Preservation, packaging and packing shall be in accordance with industry standard packaging appropriate for the item(s) involved. The Indian Health Service is not responsible in any manner for deliveries intended for the project that are not generated by the Indian Health Service.

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

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

SECTION E

INSPECTION AND ACCEPTANCE

E.1. 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.

E.2. 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 https://www.acquisition.gov/far/

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)

52.242-14 Suspension of Work Apr 1984

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

1984) The Contractor shall be required to

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

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 270 calendar days after the date the contractor receives the notice to proceed. The time state for completion shall include final cleanup of the premises.

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

SECTION G

CONTRACT ADMINISTRATION DATA

G.1. CONTRACTING OFFICER

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

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

(a) Contracting Officer's Representatives (COR), may be appointed for the purpose of representing the

Contracting Officer and assuring compliance with the contract requirements.

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

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

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

G.3. ADDRESS FOR CORRESPONDENCE

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

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

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

G.4 PAYMENT PROCESS

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

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

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

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

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

(1) Requests are to be submitted with signature for the Contractor certification statement (scanned signature okay) to the CO and COR. 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 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 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, 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) 52.232-5, Payments Under Fixed -Price Construction Contracts (May 2014)

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

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

(4) 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 CO. Invoices that have been verified as correct by the COR and shall be emailed to the CO, unless otherwise instructed by the CO. The signed payment invoice shall be sent via e‐mail to the IHS Contracting Officer.

(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 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.

(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.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. HHSAR 352.232-71 – Electronic Submission of Payment Requests Electronic Submission of Payment Requests (March 2022)

(a) Definitions. As used in this clause—

(1) “ Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting

Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

(End of Clause)

*Invoices shall be submitted in accordance with paragraph B.4. until otherwise specified.

http://www.ipp.gov/

Solicitation 75H70122R00037

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 SUBCONTRACTS

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

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

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

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

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

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

H.2. SUBCONTRACTING

(a) In connection with the performance of work under this contract, the contractor shall not subcontract with any subcontractor who, at the time of subcontract award, is listed on the current GSA's Lists of Parties Excluded from Procurement and Non-procurement Programs, unless otherwise authorized by the Government in accordance with Subpart 9.4 of the Federal Acquisition Regulations.

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

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

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

(e) Within ten (10) days after contract award, the contractor shall furnish to the Contracting Officer in writing a list of all subcontractors scheduled to perform work under the contract on Form SF-1413.

https://sam.gov/content/home

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

H.3. WORK HOURS

Normal business hours are 7:30 AM – 5:00 PM, Monday through Friday (excluding Federal holidays). Work at other times must be approved by the COR. Requests to work outside normal business hours shall be submitted in writing to the COR not less than 48 hours in advance of the proposed modified schedule. This requirement is due to the need for security of patients, government personnel and property. There must be a 'responsible government agent' on site when any contractor is present on IHS property.

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

H.4. FEDERAL HOLIDAYS

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

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

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

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

H.5. INSURANCE

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

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

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

(c) Automobile Liability: Automobile liability insurance written on the comprehensive form of policy.

The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H.6. KEY PERSONNEL

(a) Certain experienced professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. Such personnel are defined as "Key Personnel" and are those persons whose resumes were submitted for evaluation of the proposal. The contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with the following:

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

(2) All requests for approval of substitutions hereunder must be in writing at least 15 calendar days prior to the substitution, circumstances permitting, and provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request must contain a resume for the proposed substitute with equal to or greater qualifications, and any other information requested by the Contracting Officer. The Contracting Officer shall promptly notify the contractor of approval or disapproval in writing.

(b) The following positions are identified as Key Personnel: (1) Project Manager, (2) Superintendent and the (3) Safety Officer.

H.7. PROJECT MANAGEMENT

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

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

H.8. SUPERINTENDENT ON SITE

(a) Reference FAR 52.236-6 Superintendence by the Contractor. The contractor will ensure that the Project Superintendent is on site at all times work is being performed by the contractor or subcontractor(s). They shall directly oversee all apprentice and subcontractor work. The Project Superintendent is also responsible to ensure all labor and safety requirements are complied with; and ensure that the worksite is cleaned up at the end of each work day.

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

H.9. IDENTIFICATION OF CONTRACTOR EMPLOYEES

(a) Identification (ID) Badges. The Contractor shall provide each employee that will be onsite with an ID badge on contract start date or on employment start date. The ID badge shall be made of non-metallic material. The badge shall be easily readable and include the employee's name, the Contractor's name, functional area of assignment, and a color photograph. The Contracting Officer or their designee shall approve the ID badge template before the contract start date.

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

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

H.10. EMPLOYEE APPEARANCE

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

H.11. REMOVAL OF PERSONNEL

The Contracting Officer may require the Contractor to remove from the job any employee who endanger persons or property; those who manufacture, distribute, dispense, possess or use controlled substances at the worksite (FAR 52.223-6, Drug-Free Workplace); and those whose continued employment under this contract is inconsistent with the interest of security or for any and all other reasons as determined by the Contracting Officer as objectionable.

H.12. PROJECT SCHEDULE

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

(b) The project schedule shall include key milestones of the project, including mobilization and demobilization dates, start and finish dates, tasks required per phase, planned outages, progress meetings, laboratory testing, remediation and demolition, tasks that include after-hours work, as well as proposed substantial completion inspection and final inspection dates, and closeout dates.

(c) All work shall be completed within 270 calendar days following the Notice to Proceed issued by the CO.

The 270 calendar days includes time for submittal review period, long lead orders, demolition, construction, equipment setup, furniture installation, commissioning and final inspection.

(d) The Contractor shall submit this schedule for review and approval prior to work proceeding. Contractor shall actively maintain and update the schedule as work progresses. Contractor is responsible for ensuring that the schedule is current.

(e) Progress payments will not be made without a current progress schedule. A copy of the most current project schedule shall be submitted with each progress payment/invoice request.

H.13. SCHEDULE OF VALUES (SOV)

Before any payment is made to the Contractor, including progress payments, the Contractor shall prepare and submit a SOV to the Contracting Officer for review and approval. The SOV shall include values of each principal category of the work, when added together, equal the total contract price. Refer to G.5 Payment Process for information required on the SOV.

H.14. SUBMITTALS

(a) The Contractor shall be required to set up an account with an established Company such as Submittal Exchange, ProCore or another similar cloud-based website service designed specifically for transmitting submittals between construction team members and overall management of documentation during the construction process. Specific category submittal requirements shall be as described in the project technical specifications.

(b) Within 10 calendar days after commencement of work or as otherwise established by the contracting officer, all materials and articles requiring approval, IAW 52.236-5, Material and Workmanship, shall be submitted by the Contractor using a transmittal sheet as approved by the COR. Government review comments will be returned within seven (7) calendar days after receipt of submittals. Contractor shall provide the following submittals AFTER AWARD:

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

(2) Schedule of Values

(3) List of Subcontractors/SF 1413

(4) Submittal Log

(5) Contractor Key Personnel Contact Information

(6) Safety and Accident Prevention Plan

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

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

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

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

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

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

H.15. PRODUCT APPROVAL

FAR 52.236-5, Material and Workmanship, states "[w]hen required by this contract or by the Contracting Officer, the contractor shall also obtain the Contracting Officer's approval of the materials or articles which the contractor contemplates incorporating into the work. When requesting approval, the contractor shall provide full information concerning the material or articles. When directed to do so, the contractor shall submit samples for approval at the contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection."

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