B01 RFP 75H70124R00043 Lower Brule IHC Pharm USP.pdf

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

Solicitation Number: 75H70124R00043 Lower Brule Indian Health Center Pharmacy Renovation

601 Gall Street Lower Brule, SD 57548

SITE VISIT: June 13, 2024 09:30AM CT (L.7.) unless changed by Amendment

PROPOSAL DUE DATE: July 9, 2024, at 2:00 PM CST (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 75H70124R00043 Lower Brule IHC Pharmacy Renovation

Table of Contents 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

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

75H70124R00043

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

Project: Lower Brule Indian Health Center (IHC) Pharmacy Renovation

Location: 601 Gall Street Lower Brule, SD 57548

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 Contractors. The associated size standard for this procurement is $45 million.

CONSTRUCTION MAGNITUDE: The magnitude of this construction project is anticipated to be between $500,000 and $1,000,000 in accordance with FAR 36.204.

Indian Health Service Division of Engineering Services (DES) - Seattle Attn: Erik Lundstrom 701 5th Ave Seattle, WA 98104

Erik Lundstrom erik.lundstrom@ihs.gov

2 6106/03/2024

7/9/2024

2:00 PM CT

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 Area 115 4th Ave SE Aberdeen, SD 57401-4301

Erik Lundstrom

LUMP SUM TOTAL $________________

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

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.

B.1. PRICE SCHEDULE

CLINs Item/Task Description Lump Sum Price

Contractor shall provide furnish all labor, equipment, materials, supplies, supervision, tools, permits, transportation, quality control, personal protective equipment (PPE), coordination with Authorities Having Jurisdiction (AHJ), construction permits, incidental design, travel and insurance and associated expenses necessary and incidentals in order to perform the Lower Brule IHC Pharmacy Renovation, in accordance with the attached specifications, drawings and other attachments.

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 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.

END OF SECTION

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

1.0 PROJECT INFORMATION

1.1 BACKGROUND

Meeting the United States Pharmacopeia (USP) pharmacy compounding standards (USP 795, USP 797, and USP 800) is required to meet CMS Conditions of Participation and Joint Commission accreditation standards. Site assessments were completed at the Lower Brule Indian Health Center (IHC) to determine if the pharmacy department met the USP standards. It was determined the existing outpatient pharmacy does not meet the current USP standards.

The Indian Health Service hired an engineering firm to develop construction drawings and specifications for the renovation of the pharmacy to meet the compounding requirements of USP 795, 797, and 800.

1.2 DESCRIPTION

The project defined within this Statement of Work is to renovate the existing outpatient pharmacy at the Lower Brule IHC to meet the latest United States Pharmacopeia (USP) compounding standards. The work shall be according to the drawings and specifications. If discrepancies are found between the attached plans/specifications and codes or standards as referenced, the codes or standards shall govern, unless noted otherwise. SEE SECTION 1.7, BELOW, FOR BIDDING CLARIFICATIONS!!

1.3 LOCATION

All work will be done at the Lower Brule IHC in Lower Brule, SD.

1.4 PERIOD OF PERFORMANCE

The period of performance shall be 180 days from the Notice to Proceed

1.5 ENGINEERING FIRM OF RECORD

DSGW Architecture

1.6 DATA AND MATERIALS PROVIDED BY OWNER

The Owner will provide all the construction drawings and specifications that were developed by the A/E firm.

1.7 BIDDING CLARIFICATIONS

1.7.1 PHARMACY DOOR ACCESS CONTROL

The construction drawings show various doors with card readers for access control. The doors requiring access control are shown on drawing E4.1, plan note 4. Door access control rough in detail is shown on drawing E7.1 Detail 3. The contractor shall include in their bid the following:

• Installation of main access control junction box and main access control cable. The main access control cable shall be ran to the Lenel panel located in the It area in the lower level.

• Installation of all conduit from the junction box to the occupancy sensor, door contact, electric strike, and card reader.

• The physical card readers, occupancy sensors, and door contacts shall be purchased and installed by the IHS HSDP‐12 contractor under a separate contract.

1.7.2 PHARMACY VIDEO SURVEILLANCE

Video camera locations are shown on drawing E4.1, plan note 5. The camera rough in details are shown on drawing E7.1, detail 2. The contractor shall include in their bid the following:

• Installation of one CAT6A cable from each camera location to server room in the basement.

• The physical video cameras shall be purchased and installed by the IHS HSDP‐12 contractor under a separate contract.

1.7.3 PHARMACY SECURITY

The following security features are to be included as per the plans and specifications:

• All exterior walls of the pharmacy shall extend to the deck and have security mesh installed.

• The walls of the dispensing area shall have bullet resistant panels installed.

1.7.4 OWNER SUPPLIED ITEMS

The following are items that are supplied by IHS and to be installed by the contractor:

• Paper Towel Dispensers

• Soap Dispensers

• Hand Sanitization Dispensers

1.7.5 BUILDING AUTOMATION SYSTEM

The existing building automation system is Johnson Controls Metasys. As part of the project, the Metasys system will be upgraded to the new Johnson Controls Metasys User Interface. The contractor shall upgrade the existing system and include the required training per the project documents. The Johnson Controls contact is Gregory J. Hintgen (Gregory.J.Hintgen@jci.com).

1.7.6 NARCOTICS AREA

All walls, ceiling and soffit of the narcotics room shall have security mesh installed.

1.7.7 SCRIPTPRO EQUIPMENT RELOCATION

The script‐pro robot needs to be relocated multiple times during construction. To maintain the equipment warranties, this equipment can only be moved by a script‐pro representative.

Scheduling and payment for this service is the contractor’s responsibility. The Scriptpro contact is Brian Hayek (bhayek@scriptpro.com).

1.7.8 FF&E

There is FF&E shown on the drawings that shall not be included in this contract. Review the drawings accordingly to determine what is to be included in the bid. Below are some items that are not included:

• Adjustable Height Workstations (Floor Plan Note 22, Sheet A2.1)

• New Refrigerator (Floor Plan Note 25, Sheet A2.1)

• New Narcotics Safe (Floor Plan Note 24, Sheet A2.1)

• Computers/Monitors

• Scriptpro Datapoints

• Scriptpro Datapoint Printers

• Printers mailto:bhayek@scriptpro.com

• Telephones

• Chairs

• Office Microwave (Sheet A2.1, Detail 15)

1.7.9 TERO REQUIREMENTS

Include in your bid a 3% TERO fee and a 0.5% TERO training fee. Both percentages are based on the total project cost. Also include any applicable license fees required by the Lower Brule Sioux Tribe TERO office (See H.48).

1.7.10 INFECTION CONTROL

It is expected the project will be built to ICRA Class III. At a minimum, the contractor will be required to isolate the HVAC systems where work is to be done, install construction barriers, maintain negative air pressure in the construction zone utilizing HEPA equipped air filtration units, sticky mats at all entrances, contain construction waste before transport, wet mop with disinfectant as needed. All vacuuming will be done with a HEPA vacuum. The final ICRA requirements will be determined in the Pre‐Construction meeting with the Infection Control Officer (see section 1.8.2.b)

1.8 GENERAL REQUIREMENTS

1.8.1 PROJECT SUMMARY

Construction activities will occur within a functioning facility. Pharmacy services shall remain operational throughout the duration of construction so a temporary pharmacy space shall be constructed. If there is a time when pharmacy services will not be available, the contractor shall give the COR and service unit a 2 week notice as this will need to be communicated to the Tribe and community. The contractor(s) will be required to submit a detailed shut down schedule for any and all shut down periods. There will be two phases in the project. Phase 1 will be to renovate an existing office within the facility and set it up as a temporary pharmacy. Phase 2 will be to renovate the existing outpatient pharmacy space to create the final outpatient pharmacy. Some details are below.

• Phase 1: An existing office within the facility will be renovated so it can be setup as a temporary outpatient pharmacy. Once the office is renovated, some of the existing pharmacy equipment, cabinetry, and shelving will be relocated from the outpatient pharmacy to the temporary space. Proper planning is required to keep existing pharmacy services functional for as long as possible. When transitioning from the existing pharmacy to the temporary pharmacy, the majority of the ”relocation” work will need to happen after hours or on the weekend so the contractor shall bid accordingly. The script‐pro robot can only be moved by a script‐pro representative as to maintain the equipment warranty. It is the contractor’s responsibility to schedule and pay for this service.

• Phase 2: While pharmacy services are performed in the temporary space, the existing outpatient space will be renovated. Renovation will include expanding the outpatient pharmacy into the existing medical records area. Once the space is completed, the contractor shall relocate all required items from the temporary outpatient pharmacy to the new outpatient pharmacy space. Again, relocation of items will need to occur after hours or on the weekend. The script‐pro robot can only be moved by a script‐pro representative as to maintain the equipment warranty. Scheduling and payment for this service is the contractor’s responsibility.

1.8.2 REQUIRED PERMITS AND PLANS

1.8.2.a. PRE-CONSTRUCTION RISK ASSESSMENT

The successful contractor will be required to complete a Pre‐Construction Risk Assessment (PCRA). The successful contractor shall work with the COR, safety officer and infection control coordinator to complete the PCRA documentation after the pre‐ construction meeting. Before any work is started in an area, it is required the PCRA be posted in all construction areas.

1.8.2.b. INFECTION CONTROL RISK ASSESSMENT

The successful contractor shall be required to complete an Infection Control Risk Assessment (ICRA). The successful contractor shall work with the COR and infection control coordinator to complete the ICRA documentation after the pre‐construction meeting. Before any work is started in an area, it is required the ICRA be posted in all construction areas.

1.8.2.c. INTERIM LIFE SAFETY MEASURE PLAN

The contractor will work with the COR and safety officer to complete an Interim Life Safety Measure Plan (ILSM) which will be developed in conjunction with completion of the ICRA and PCRA. Before any work is started in an area, it is required the ILSM be posted in all construction areas

1.8.2.d. HOT WORK PERMITS

The contractor should incorporate methods to reduce the need for any hot work (cutting versus grinding, etc.). If any grinding, welding, soldering, etc. will be done, the contractor shall complete all required hot work permits.

1.8.2.e. ABOVE CEILING WORK PERMITS

All ceilings in the new inpatient pharmacy, outpatient pharmacy, and storage areas will be replaced. If any above ceiling work is required outside of these areas (corridors, waiting area, etc.), an above ceiling work permit is required.

1.8.2.f. WASTE REMOVAL AND DISPOSAL PLAN

As required by the Department of Environmental Regulations, the contractor shall submit a waste removal and disposal plan. A copy of the plan shall be sent to the COR.

At a minimum, the waste removal and disposal plan shall include the following:

• Type of Material Generated

• Disposal Location

1.8.3 MEETINGS

1.8.3.a. PRECONSTRUCTION MEETING

With the COR, the contractor shall schedule an on‐site pre‐construction meeting within 3 weeks of the Notice to Proceed. The contractor and all main subcontractors shall be present in the meeting. All PCRA, ICRA, ILSM, and other permits shall be completed, signed, and ready for posting in the work area before starting any work. Note that an approved TERO compliance plan is required before any work is started. The following shall be submitted a minimum of one week prior to the preconstruction meeting:

• Letter designating your Project Superintendent

• Project Schedule with construction portion fully developed

• A list of subcontractors for this project (must be the same as in your proposal)

• Waste Management Plan

• Quality Control Plan

1.8.3.b. CONSTRUCTION PROGRESS MEETINGS

The contractor shall administer, at a minimum, bi‐monthly progress meetings. The meeting can be held via teleconference. The contractor shall submit meeting notes to the COR in a timely manner (See H.19).

1.8.3.c. PROGRESS REPORTS

At the end of each week, the contractor shall submit to the COR a weekly progress report. The report shall include written detail of work completed that week along with any corresponding digital documentation. The report shall also include the construction plan for the next week.

1.8.3.d. SUBSTANTIAL COMPLETION MEETING

One substantial completion meeting shall be held following notification of the COR by the General Contractor that the project is substantially complete. Substantial completion means the project is fit for its intended use, with only minor lingering details to finish. When a project is substantially complete, the owner can occupy and use the facility to its full capacity. An official substantial completion document shall be completed and signed by the contractor and the government.

1.8.3.e. FINAL COMPLETION MEETING

One final completion meeting shall be held following determination that the project is 100% complete.

1.9 PROJECT SCHEDULE

Within 10 days of the Notice to Proceed, submit a preliminary schedule defining planned operations for the first 60 days of work, with a general outline for the remainder of work.

Within 20 days after review of preliminary schedule, submit a draft of proposed complete schedule for review. Include written certification that major subcontractors have reviewed and accepted the proposed schedule.

Within 10 days of a joint review, submit a complete schedule.

Submit updated schedule with each application for payment.

1.10 SAFETY AND SECURITY

The contractor shall be responsible for the safe progress of the work to assure that patients, hospital staff, and visitors are not allowed access to unsafe areas or conditions during construction. The contractor and staff shall afford all staff, patients, and visitors’ professional courtesy during the course of the project. Interim life safety measures will be strictly enforced during construction.

The facility and the Indian Health Service shall not be responsible for the security of the contractor’s tools, equipment, or materials during the course of the project. Contractors are required to provide their own means of protecting tools, equipment, and materials during construction and throughout the duration of the project.

2.0 CONSTRUCTION REQUIREMENTS

2.1 CONSTRUCTION SUPERINTENDENT

The Prime Construction Contractor shall have an onsite superintendent for this project. The superintendent shall be present onsite while any work is being performed by the prime contractor and/or any subcontractors.

2.2 SUBMITTALS

Submission of shop drawing and/or construction submittals shall be according to the construction specifications. All equipment and/or material submittals shall be submitted to the architect or engineer of record first, then to the COR for approval.

All materials and equipment shall be submitted and approved prior to ordering.

2.3 WASTE MANAGEMENT

The contractor shall keep the workplace in a neat, clean and orderly condition. Daily cleanup of work and storage areas is required. The contractor shall adhere to the construction waste removal and disposal plan. The contractor shall dispose of all excess construction materials, equipment, tools, waste, and rubbish into proper containment containers and dispose of in a manner acceptable by law.

Any debris that may blow out of any roll‐off shall be secured in trash bags before placing in roll‐ off. The contractor shall provide their own containment containers at their own expense and place in properly designated areas. The contractor shall coordinate closely with the Safety Manager and COR for designated areas. The contractor shall not place any debris in any IHS roll‐ off.

2.4 CONSTRUCTION MATERIALS AND STORAGE

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

The contractor(s) shall provide their own means of storing any and all construction materials, products, or equipment required for installation. IHS staff will not be responsible or provide any means of storing construction material, products, or equipment before or during construction.

All material, products, or equipment remain the contractor(s) property until the project has been deemed substantially completed by all parties.

2.5 EXISTING CONDITIONS DOCUMENTATION

It is strongly advised the contractor document the existing site before starting any work. Digital photographs are a good means of documentation. If digital photographs are taken, it is asked that no person other than the contractor and/or their staff be in the photograph. If there is existing damage in the areas of construction or in areas where the contractor will be moving equipment, hauling construction waste, etc., the contractor shall properly document and notify the COR of the damage. If the damage is not documented and it is noticed after construction activities have started, it is assumed the damage occurred during construction and by construction personnel and it will be the contractor’s responsibility to repair or replace to match existing conditions to the satisfaction of the COR at no cost to the Government.

2.6 CONSTRUCTION PROGRESS DOCUMENTATION

The contractor shall properly document the construction progress. If any work is performed in walls or above ceilings, the work shall be documented and digital photographs shall be taken to show work before any ceiling or gypsum board is installed. All work in walls or above ceilings shall be approved by the COR before covering up. Not properly documenting by digital photographs and not gaining approved by the COR could result in removing/tearing out items to gain visual access at the contractor’s expense.

2.7 WORKING HOUR RESTRICTIONS

Standard working hours shall be Monday thru Friday from 7:00 AM to 7:00 PM. Some afterhours work is expected as described in Section 1.8.1. Any afterhours work must be submitted a week in advance and approved by the COR and facility manager (See. H.1).

2.8 ACCESS TO SITE

All contractor and subcontractor personnel shall park vehicles in properly designated areas.

Specific requirements on contractor badges and access to the site shall be communicated during the pre‐construction meeting.

2.9 SUBSTANTIAL COMPLETION

Following an independent inspection of the work (or a designated portion of the work) by the Construction Contractor, the Construction Contractor shall prepare a comprehensive list of incomplete items (Initial Punch List) and submit a Notice of Substantial Completion to the CO and the COR.

The COR shall schedule and conduct an inspection to verify the project’s completion in accordance to the Construction Contract Documents and certify the work permits occupancy for the intended use. The COR shall amend the Punch List as necessary. Once the Punch List items have been sufficiently addressed to allow occupancy, Close‐out submittals have been processed, and Equipment/System Commissioning is complete, the CO shall issue a certificate of completion.

2.10 FINAL DOCUMENTS

Following construction completion and prior to final inspection, the Construction Contractor will be responsible for preparing Final Red‐Line drawings showing all changes to the Construction Documents which occurred during construction, and delivering those Red‐Line drawings to the COR and Contracting Officer. The Construction Contractor shall submit material/equipment cut sheets, and all installation/operation/maintenance documents to the COR. The documents shall be bound and labeled in 3‐ring binders. The COR shall also be sent an electronic copy of all documents.

END OF SECTION

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.

END OF SECTION

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

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

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) complete the entire work ready for use not later than 180 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 (Applicable >$750k)

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.

END OF SECTION

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.

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

(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. 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 ‐ Seattle Attn: Erik Lundstrom 701 5th Ave, Suite 1650 Seattle, WA 98104

G.4. PAYMENT PROCESS

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

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

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

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

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

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

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

(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.

http://www.ipp.gov/

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

(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 Contracting Officer at erik.lundstrom@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 mailto:erik.lundstrom@ihs.gov 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.

END OF SECTION

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. WORK HOURS

The facility’s normal business hours are 7:00 AM – 7:00 PM, Monday through Friday (excluding Federal holidays) (Reference Section C, Para 2.7). 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…