B01 RFP 75H70124R00052 Rosebud Exterior BP1.pdf

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

Solicitation Number: 75H70124R00052 Rosebud Exterior Construction Project Bid Pack 1

400 Soldier Creek Road, Rosebud, SD 57570

SITE VISIT: July 25, 2024 1:00PM CT (L.7.) unless changed by Amendment PROPOSAL DUE DATE: August 13, 2024, at 2:00 PM CT (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.

Table of Contents

SF1442 –

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

75H70124R00052

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

Project: Rosebud Exterior Construction Project Bid Pack 1

Location: 400 Soldier Creek Road, Rosebud, SD 57570

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

This project will be procured as a 100% Indian Small Business Economic Enterprise (ISBEE) 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 $5,000,000 and $10,000,000 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

GP23RB400H02

1 6407/11/2024

8/13/2024

2:00 PM

10 days after award

F.2. FAR 52.211-10

AWARD (To be completed by Government)

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

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

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

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

30b. SIGNATURE 30c. DATE

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

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

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

CODE AT

27. PAYMENT WILL BE MADE BY

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

20b. SIGNATURE 20c. OFFER DATE

B.3.

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

Indian Health Service - Great Plains Area 115 4th Ave SE Aberdeen, SD 57401-4301

Erik Lundstrom

LUMP SUM TOTAL $________________

Solicitation 75H70124R00052 Rosebud Exterior Construction BP1

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 DESCRIPTION SCOPE SECTION QTY UNIT UNIT PRICE PRICE

0001 Demolition of Roof 2. A., Refer to design plan set 1 EACH

0002 Demolition of Exterior siding, windows, doors, etc.

2. A., Refer to design plan set 1 EACH

0003 Installation of Roof, insulation and Parapets

2., Refer to design plan set 1 EACH

0004 Installation of Siding, windows, doors, etc.

2., Refer to design plan set 1 EACH

0005 Construction of Vestibule

2., Refer to design plan set 1 EACH

0006 Installation of Generators

2., Refer to design plan set 2 EACH

TOTAL

NOTES: As a reminder, all offerors are responsible for allowing for all applicable state, local taxes and fees within their bids and to perform their own due diligence in ascertaining them. The Contractor is responsible to pay all applicable taxes, or applicable requirements that may be incurred as a result of this project. Failure on the part of the successful Offeror not to include these fees or the appropriate impacts will not constitute a request for an 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. Project Description

A. Title: Rosebud Exterior Construction Project Bid Pack 1

B. Location: This project is located at the Rosebud Hospital in Rosebud SD.

C. Period of Performance: 540 calendar days from Notice to Proceed.

D. Description: The project defined within this Scope of Work is the replacement of the roof, roof installation, and roof drains. This project will include increasing the height of existing parapets replacement of exterior windows, doors and will require infilling openings as needed before installing a new exterior shell. This project will include an expansion to the buildings main entrance vestibule. Finally, the replacement and relocation of the backup power generators that service the facility will be within this scope of work. All work will have associated designed documents indicating work to be performed. This project will be constructed to meet the requirements of the plans and specifications without major disruptions to facility operations.

Contractor shall install products following all manufacturer’s specifications.

E. Background and Clarifications: Construction drawings and specifications have been created in order to properly convey necessary work to be accomplished. Provided is some additional informational background to clarify:

• This project will require contractor for Bid Pack 1 to coordinate work with contractor performing work for Rosebud women’s health renovation construction project (Bid Pack

2) (will provide contractor information at contract award).

• Removal of atrium skylight and infill (1,133 SF area) was included in Bid pack 1 during the design phase however has been removed from Bid Pack 1 scope of work and added to Bid pack 2 scope of work during solicitation; therefore, removal of atrium skylight and infill (1,133 SF area) is NOT included in this project and costs associated with this work are NOT to be included. Bid pack 2 will include the removal and infill of the atrium skylight, along with the installation of a new RTU. This will need to be coordinated with the Bid Pack 2 contractor for Bid Pack 1 scope of work will need to account for this 1,133 SF area during roof replacement.

• Sheets indicating atrium removal and infill have not been removed from the plan sheets of Bid Pack 1 to help ensure Bid Pack 1 contractor understands the atrium area in question and that no information is missing for bid.

• Sheets that include atrium infill added to bid pack 2 are the following plan sheets:

GC101.1, S102B.1, S300.1, S500.1, AD103.1, AD140.1, and A141.1.

All services of the Rosebud hospital are to remain operational through construction and any construction that will impact patient care will need to be coordinated and approved by IHS Facility Manager, CO, COR, and the alt COR prior to initiation of any plan. A phasing plan is included with the construction drawings and specifications as a guide but final phasing shall be closely coordinated with the above mentioned IHS staff as well as other site personnel whose area would be affected.

Contractor to provide a temporary backup power system during the generator replacement phase until the new generators have been commissioned and are able to provide the facility backup power. Contractor will ensure operation of generators until final completion and hand over to the facility.

Mechanical and electrical systems must remain operational during construction and any duration needs for system shutdown will be coordinated at least 48 hours in advance with Facility Manager, COR, and alt COR pending approval. Any mechanical or electrical work that requires full shut down of an area will require the contractor to perform work outside normal business hours of 8 AM – 5 PM CST. The contractor(s) will be required to submit a detailed shut down schedule for any and all shut down periods. All contractors will be required to work around the hospital staff and operations for coordination and scheduling of any HVAC or electrical systems shut down periods.

The contractor will be required to follow the requirements of an “Infection Control Construction Permit” and any “Interim Life Safety Measures” (ILSM), which will be developed in conjunction with completion of an Infection Control Risk Assessment (ICRA) and Pre‐Construction Risk Assessment (PCRA).

Any required permits and ILSMs will be provided to the Contractor following award. The contractor foreman and/or superintendent will be required to sign all PCRA/ICRA and permitting paperwork and post in work area according to hospital requirements. Contractor shall coordinate closely with the Facility Manager, COR, Alt COR, Infection Control Nurse, and the Safety Officer for final phasing plan, scheduling work, and all permitting.

All contractors shall enter the hospital from the back parking lot, near the loading dock, and through the double doors. All contractors will be required to sign the daily work log located in the maintenance shop before starting work. No contractors will be allowed to start work without signing into the daily work log. During construction and per the plans a secondary entrance will be available on the north east side of the building.

F. Related Documents

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

• IHS Architecture and Engineering Design Manual – 2022

• FGI 2018 – Healthcare Facility Design Guide

• NFPA 101 Life Safety Code – 2012

• NFPA 70 National Electric Code (NEC)

• ASHRAE 170

• ASHRAE Fundamentals Handbook 2017

• NFPA 99 Healthcare Facilities Codebook, 2012

G. Common Acronyms or Definitions

• IHS – Indian Health Service

• CMS – Centers for Medicare & Medicaid Services

• PR – Pine Ridge

• BAS – Building Automation System

• Metasys – Name of the existing BAS

• CO – Contracting Officer

• COR – Contracting Officer’s Representative

• PM – Project Manager

• IGCE – Independent Government Cost Estimate

• BIM – Building Information Model

• LOD – Level of Design

• CAD – Computer Aided Design

• RFI – Request For Information

2. Scope of Work (SOW) The scope of this project includes all demo, new installation, and clean up for installation of the products described below. All electrical installation shall be done by an electrician licensed in the state of South Dakota. All HVAC work will be performed by a licensed HVAC contractor. Refer to Section 1.E. above, for clarifications.

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

A. Demolition: Contractor shall remove existing roofing membrane, roofing insulation, and flashings for the entire building. Removal of existing louvers, doors, windows, and roof accessories as notes on the plan set shall be demolished. Demolition of existing siding and insulation shall be removed to structure. During construction of the roof and exterior system, only what can be replaced or otherwise covered in a single day shall be removed. The building must be protected from the elements at all times during the construction process. Main entrance vestibule door will be removed along with associated parts including conduit not being reused. Generators with listed panels and switches and conduits to be demolished. Removal of ducts, piping, fans and controls as indicated.

B. Warranty: Provide a 1‐year labor and material warranty at no additional cost to the government which provides for the repair of all work and equipment that was provided under this scope of work.

C. Electrical: New receptacles, lightings, door controls, door power, exterior lighting, generators and any necessary conduits, wires, and equipment as listed per plans or per manufacturer installation.

D. Plumbing: Roof drains will need replacement or repair dependent on condition.

E. HVAC: install new hydronic piping, VAV’s, duct work, grilles, supports and controls.

F. Finishes: Refer to Plan sheets for finished and colors. Colors and materials to be confirmed with designer, Facility manager, COR and Alt Cor prior to ordering.

G. Specialties: Refer to plan set.

H. Wood, Plastics, and Composites: Refer to plan set.

I. Concrete: Plans list areas for new concrete. New concrete pad for generators, and replacement of concrete that was removed during demolition. Concrete required for vestibule construction.

Refer to plan set.

J. Metals: Refer to plan set.

K. Thermal and Moisture Protection: roofing and siding insulation required to be installed.

Windows frames to be insulated with thermal breaks. Windows to meet or exceed code values and engineers design. Doors to meet design specifications and include door seals, sweeps while meeting or exceed code values.

L. Openings: Refer to plan set for windows, door, louver, and other penetration sizes and locations to be impacted.

M. Fire Suppression: Refer to plan set.

N. Automation: HVAC to tie into existing BMS Metasys controls. Generators to be visual able through Metasys controls and indicate level of fuel, on/off positions, and if generator is in alarm.

O. Earthwork: Earth work will be required around main entrance and for installation of new generator system.

P. Exterior Improvements: Refer to plan set.

Q. Clean Up: Jobsite shall be cleaned daily and must comply with the Infection Control & Safety Officer’s requirements given with the ICRA and PRCA. The construction areas involved shall be free of any debris, rubbish and left over material scraps upon completion of the project. Trash receptacles used for the collection of this debris and their removal from the project site shall be provided by the contractor. The site will be inspected by the engineer prior to final payment to ensure the sites return to their original condition prior to construction.

R. Site Restoration: The construction site shall be free of any materials, debris and/or rubbish.

The contractor will be responsible for the removal of this debris and must restore the site to its original condition as approved by the project engineer. Photo are to be taken before construction begins for documentation the sites original condition by the contractor.

S. Addition Facility Requirements: Contractor shall comply with the requirements of the hospital’s Facility Manager, Infection Control Officer and Safety Officer. These requirements will be laid out during the pre‐construction meeting and will include providing a separated negatively pressurized work space, vented to the outside. Other permits and requirements will be given after the pre‐construction meeting and the ICRA and PRCA assessments are completed.

3. Period of Performance.

A. Time of the Essence: All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

B. The Work will be substantially completed within Five Hundred Forty (540) calendar days after the date when the Contract Times commence to run. It is understood that an extension will be required as equipment lead times will affect some areas of this project. The required schedule prior to the start of work will be used to determine the time extension required for substantially completed work. Any requests for extension will need to be submitted 30 days prior to the end of the period of performance and is subject to IHS approval.

4. Submittals

A. Submission of shop drawing and/or construction submittals shall be according to the construction specifications. All equipment and/or material submittals be submitted to the architect or engineer of record first, then to the COR/Alt COR for approval. A submittal schedule shall be created and tracked by the contractor and available upon request. Any substitutions shall follow the specification guidelines and be approved by the A/E and the government.

B. All materials and equipment shall be submitted for approval prior to ordering.

5. Schedule/Meetings

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

B. Pre‐Construction meeting: At least one Pre‐Construction meeting shall be conducted prior to the start of the construction of the contract. All PCRA/ICRA paperwork, permitting, and ILSMs shall be completed, signed, and ready for posting in work area before starting any work. Final phasing according to the contract documents shall be discussed and a final phasing plan shall be provided by the contractor to the government if it deviates from the existing phasing plans shown in the final construction drawings and specifications. Infection Control and Safety meeting: This meeting involves the facility infection control officer, facility safety officer, COR, Prime contractor and anyone else determined necessary for the meeting by the COR. This meeting will be conducted to determine type of work being performed and to discuss necessary infection control and safety measure for project.

C. Progress Meetings: Progress meetings shall be conducted at regular intervals as merited by the progress of the work.

D. Substantial Completion: One substantial completion meeting shall be held following notification of the 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.

E. Final Completion: One final completion meeting shall be held following determination that the project is complete.

6. Miscellaneous

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

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

C. Correspondence. All correspondence shall be addressed to the COR. Each letter, document, etc., shall contain the following information:

1. Date

2. Project Numbers, Contract Number, Delivery Order Number and Service Unit Name/Location.

3. Name of those who were sent copies.

D. Superintendent. The prime contractor shall have an onsite superintendent for this project while any and all work is being performed unless prior approval is grant from the COR.

E. Tribal Requirements: TERO/EPA (Reference Clause H.48. Tribal Requirements)

1. The Contractor and all subcontractors engaging in work on the Rosebud Indian Reservation will be required to comply with the Indian preference and Indian preference program requirements administered by the Rosebud Sioux Tribe Tribal Employment Rights Office (TERO).

2. Before commencing work, contractors and sub‐contractors are required to submit an acceptable “Compliance Agreement” to the TERO office. Copies of this form can be obtained from the TERO office. Typical requirements of TERO include a fee of 4.5% on the total contract price, and submission of weekly certified payroll reports to TERO.

3. Additionally, the rules and regulations of the TERO Ordinance require that no person who is not a local Indian shall be employed by a covered employer until a work permit has been obtained for them from TERO.

4. Contractors are strongly encouraged to contact the TERO office at (605) 747‐2322 for an explanation of tribal requirements. Other fees may apply.

F. Construction Materials and Storage

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

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

3. 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.

4. 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.

G. Hours of Operation

1. The project shall start after award and receipt of the Notice to Proceed

2. The work hours shall be 8:00am – 5:00pm, Monday – Friday. Weekends and after hours work may be available upon request.

7. Payments to the Contractor (Reference Clauses G.4. through G.6.)

A. The Government will pay the Contractor a fixed price, as indicted in Section B.3, which will constitute full compensation for all Contractor professional and incidental services, travel expenses, and materials necessary to furnish complete project as required and specified in this SOW and attachments.

B. Progress payments will be paid following acceptance by the Government of that particular schedule item and a properly submitted and approved invoice.

8. Closeout Documents (Reference Clause H.45. Closeout and Warranty)

The Contractor shall submit one hard copy set of all final, installed submittal items, accessories, and all installation/operation/maintenance documents to the facility manager/engineer. The final installed submittal package and O&M shall also be sent electronically to the COR and/or PM.

SECTION D – PACKAGING AND MARKING

D.1. PACKAGING AND MARKING

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

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

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

SECTION E – INSPECTION AND ACCEPTANCE

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

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

Number Title Date 52.246‐12 Inspection of Construction Aug 1996

E.2. INSPECTION OF SITE

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

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

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

E.3. INSPECTION AND ACCEPTANCE

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

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

(a) Substantial Completion Inspection

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

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

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

SECTION F – DELIVERIES OR PERFORMANCE

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

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

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

CLAUSES INCORPORATED IN FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 540 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) https://www.acquisition.gov/far/

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.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1. CONTRACTING OFFICER

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

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

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

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

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

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

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.

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

(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.

http://www.ipp.gov/

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

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

G.5. PAYMENT FOR MATERIALS STORED ON SITE

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

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

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

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

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

(i) Certified paid vendor invoices

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

(iii) Accepted delivery tickets, if applicable.

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

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

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

G.6. INVOICE REQUIREMENTS

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

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

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

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

(4) FAR 52.232‐40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

(5) HHSAR 352.232‐71, Electronic Submission of Payment Requests

(b) The first 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 by the CO and COR prior to approval for submission in the IPP system. All invoices thereafter can be uploaded into the IPP system.

(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 Contracting Officer with any payment issues or concerns.

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

G.7. CERTIFICATION OF PAYMENTS - RELEASE OF CLAIM

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

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

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

G.8. TIME EXTENSION FOR UNUSUALLY SEVERE WEATHER

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

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

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

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

mailto:erik.lundstrom@ihs.gov

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

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

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. WORK HOURS

The facility’s normal business hours are 8:00 AM – 5:00 PM, Monday through Friday (excluding Federal holidays) (Reference Section C, Para 6.G.). Work at other times must be approved by the COR. Requests to work outside normal business hours shall be submitted in writing to the COR not less than 48 hours in advance of the proposed modified schedule. This requirement is due to the need for security of patients, government personnel and property. There must be a 'responsible government agent' on site when any contractor is present on IHS property.

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

H.2. FEDERAL HOLIDAYS

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

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

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

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

H.3. SUBCONTRACTS

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

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

(c) The Government will not undertake to settle any differences between or among the contractor and…