B01 RFP 75H70124R00054 Pine Ridge Radiology Upgrades.pdf

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

SEATTLE

Solicitation Number 75H70124R00054

Pine Ridge Radiology Upgrades Pine Ridge, SD

PROJECT TABLE OF CONTENTS:

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

This page is not included in page count

(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

75H70124R00054

TBD

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

Project: Pine Ridge Radiology Upgrades

Location: Pine Ridge, SD

This RFP is being solicited as 100% Small Business Set Aside under NAICS 236220, Commercial and Institutional Building Construction. Size standard $45M. See Section M.

Magnitude of Construction IAW FAR 36.204 is between $250,000 - $500,000.

U.S. Department of Labor Wage Determination: See Attachment J01.

Site Visit: See Section L.7. FAR 52.236-27, Site Visit Construction.

TERO is applicable. See Section H, Para H.47 for TERO Contact Information.

See Item 7

TBD

Jong Kim (206) 619-0638 / jong.kim@ihs.gov

GP24PR400H06

1 5308/15/2024

9/19/2024

1:00pm PT

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.5.

IHS - Great Plains Area Office 115 4th Avenue SE, Room 309 Aberdeen, SD 57401

ANDREW HART, Contracting Officer

Solicitation Number: 75H70124R00054

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 CONSIDERATION

The contractor shall furnish all labor, materials, supplies, services, and incidental costs to complete all work for the Pine Ridge Radiology Upgrades project. All work shall be completed in accordance with the attached Scope of Work, specifications, drawings, and other documents incorporated via amendment.

CLIN ITEM QTY UNIT UNIT PRICE TOTAL PRICE

0001 Pine Ridge Radiology Upgrades 1 LS

KEY: LS = Lump Sum

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 requirements and perform all work required to complete the project in accordance with the drawings, specifications, and provisions of the contract. Payment for contract work will be made for and under those pay items included in the Schedule of Items (which is one lump sum price for the contract). All other work and materials will be considered as incidental to and included in the payment for items shown.

B.3. SF1442, Block 24: HHSAR 352.232-71, Electronic Submission of Payment Requests (Feb 2022) has been added in full text at Section I. The first invoice shall be submitted to the COR and CO prior to IPP submission.

Refer to Section G.4 – 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 is requested that pricing data be submitted to show the breakdown of costs for the above CLIN. This is requested so that the Contracting Officer can make the determination of a fair and reasonable price. For example, the price breakdown shall have the direct labor cost and direct material cost broken out.

B.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(s) is included as an attachment at Section J.

IMPORTANT INFORMATION:

Under no circumstances will any oral statements made be binding upon the Government unless such statements or agreements are issued in writing by the Contracting Officer.

Only a warranted Contracting Officer acting within their delegated limits has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed within the change and shall immediately notify the Contracting Officer.

END OF SECTION

SECTION C – STATEMENT OF WORK

RADIOLOGY UPGRADES

PINE RIDGE HOSPITAL

PINE RIDGE, SD

1. Project Description A. Title: Radiology Upgrades

B. Location: This project is at the Pine Ridge Hospital, in Pine Ridge, SD.

C. Period of Performance: 250 calendar days from Notice to Proceed.

D. Description: The project defined within this Scope of Work consists of removing and disposing of all casework and countertops in the radiology department. New casework and countertops are to then be provided and installed. This project also replaces ceiling tiles, flooring and lighting in the radiology department. Several walls are to be moved and electrical receptacles are to be added. Contractor shall install products following all manufacturer’s specifications.

E. Background: The existing casework in the radiology department of the PR Hospital is laminated and put under strenuous use by the hospital staff as part of a daily routine. Much of the casework has become cracked, damaged, or broken and is now an infection control hazard because it cannot be easily cleaned.

The radiology department has not been updated in 30 years and workflow and technology have changed. The department needs small updates and upgrades to accommodate these changes.

F. Related Documents

1. This SOW, Drawings (see Appendix B), finish specifications (Appendix C,D,E) and any other standard government or IHS documents are included and considered a part of this contract.

2. IHS Architecture and Engineering Design Manual – 2022

3. FGI 2018 – Healthcare Facility Design Guide

4. NFPA 101 Life Safety Code – 2012

5. NFPA 70 National Electric Code (NEC)

6. ASHRAE 170

7. ASHRAE Fundamentals Handbook 2017

8. NFPA 99 Healthcare Facilities Codebook, 2012

G. Common Acronyms or Definitions

1. IHS – Indian Health Service

2. CMS – Centers for Medicare & Medicaid Services

3. PR – Pine Ridge

4. BAS – Building Automation System

5. Metasys – Name of the existing BAS

6. CO – Contracting Officer

7. COR – Contracting Officer’s Representative

8. FM – Facility Manager

9. PM – Project Manager

10. IGCE – Independent Government Cost Estimate

11. BIM – Building Information Model

12. LOD – Level of Design

13. CAD – Computer Aided Design

14. RFI – Request For Information

15. AWI - Architectural Woodwork Institute

16. EPR – Extended Producer Responsibility

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. The project drawings (see Appendix B) capture the details of the defined scope of work as well as below. All electrical installation shall be done by an electrician licensed in the state of South Dakota. Follow the manufacturer’s installation procedure for all new products.

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

A. Demolition: Contractor shall remove existing casework and countertops in the radiology department as outlined in Appendix B demolition drawings, ID-101, ID-301, ID-302, ID-401, ID-402, ID-403, ID-404. The contractor is to demolish two sections of walls as seen in drawings ID-101. Two doors are to be removed for reuse as seen in drawing ID-101. Of specific note is the demolition of a roll down fire door and its electrical components as shown in ID-401. Drawing ID-301 also shows the demolition of the existing reception window and frame. Drawing EL-101 shows a map of the rooms to have their lighting demolished for LED replacement. Drawing AF-101 maps rooms to have the ceiling tiles demolished for replacement. Drawing AF-102 maps rooms to have their flooring demolished for replacement. The contractor shall properly remove and dispose of all demolished materials. Work is to be coordinated with facility and only one area is to be under construction at a time. ICRA Panels are to be utilized to isolate construction zones. The room shall be kept at a negative pressure using a filter fan unit ducted to the return system of the hospital.

B. Plumbing: Contractor shall install all plumbing fixtures to ANSI regulations. New sink installation shall be replumbed. New sinks are required as seen in drawings I-302 and I-303, see plumbing fixture schedule on I-301.

C. Finishes:

a. The contractor is to install new cabinets and countertops as seen in construction drawings of Appendix B, drawings I-101, I-301, I-302, I-303, I-401, I-402, I-403, I-404, I-405. Schedule of cabinets can be seen in drawing I-301.

Cabinetry finishes can be seen below and in Appendix E.

Cabinetry finishes include:

i. Panel Styles: Serenity

ii. Handle Types: Bent

iii. Handle Finishes: Brushed Nickel

iv. Color: Fawn

b. New ceiling tiles and ceiling grid are to be installed in areas outline in drawing AF-101. The ceiling tiles are to be gypsum ceiling panels with a flat white finish. The ceiling grid is also to be flat white in color

c. The contractor is to paint all rooms highlighted in drawing AF-102. The color scheme for painting can be found in Appendix E. This includes painting door frames.

d. New cove base is to be installed in all highlighted rooms in Drawing AF-102. Cove base style and finishes can be seen in Appendix D.

e. New flooring is to be installed as seen in Drawing AF-102. Flooring type and color is indicated in AF-102 and Appendix D.

f. Wall protection is to be installed as seen in Drawing AF-103. Wall protection includes corner guards if there are not already corner guards existing. See Appendix E for wall protection color and type as well as corner guard color.

D. Wood, Plastics, and Composites: Cabinets are to be Midmark brand cabinets or approved equivalent.

Provide finished panels at all exposed surfaces. Casework to be a solid finish. All casework to be anchored to wall and floor. Apply colored caulk to match adjacent surface between 2 joints: one joint between top of backsplash and wall, a second joint between countertop and bottom of backsplash.

Apply clear silicone caulking over the colored caulk in both joint areas. 2” radius for countertop outside corners. Solid Surface Countertops are to be provided from Mystera with color Pearl MSS-435 or approved equivalent. All dimensions found in drawings shall be field verified by contractor before order and installation.

Wall construction can be seen on drawings I-101 and I-301. Match surrounding wall construction materials including metal studs and 5/8” gypsum board. The doors to be installed shall be reused from the demolition of the reception area.

A new reception window shall be installed as seen on drawings I-101 and I-301. This reception window shall have a dedicated circuit run to it of 120V power. A Ready Access 275 Single Panel Slider window is to be installed as the new reception window with the Manual Open/Electronic Release (MOER) mode of operation or approved equivalent. See Appendix C for desired options. An approved equivalent can be used for this window.

E. Metals: Contractor shall provide new sinks made of a corrosion resistant metal. Contractor is to provide new frames for doors.

F. Electrical: Contractor shall wire new receptacles noted in drawings to new breaker in same panel supplying room power. Data ports are to also be installed as seen in drawings to IT closet servicing the reception room. Outlets labeled emergency power shall by wired into an emergency circuit and have red receptacle covers. All new receptacles are to be labeled with their corresponding electrical closet, server rack, and port number.

The contractor is to upgrade the lighting system in all rooms shown on lighting map EL-101. The lighting fixture types and controls shall be upgraded to the types seen in Appendix F and Appendix G or approved equivalent. Lights shall be installed in identical locations as existing e.g., where there are currently panel lights, new dimmable LED panels will be installed. Where there are existing can lights, new dimmable LED can lights are to be installed. Similar circuit setups to existing shall also be programmed with the new style of controls utilizing relay packs as seen in Appendix G. Room C514, C522, C506, C515, and C523 shall have occupancy sensor installed and programmed to their corresponding lights. These rooms should also have the ability to manually turn off their lighting.

G. 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.

H. 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.

I. 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. Phasing plans will be formed at the pre-construction meeting to minimize disruptions to patient care. This could entail working on one room at a time or non-business hours. This phasing plan shall be coordinated by the COR and FM. ICRA barriers are recommended for control of construction areas.

3. Submittals A. Submittals or shop drawings shall be submitted for the following items and shall be delivered electronically to the COR or designated PM for final approval before ordering any new material or equipment.

1. New casework

2. New countertops

3. Plumbing fixtures

4. Casework mounting hardware

5. Countertop mounting hardware

6. Paint

7. Ceiling tiles

8. Wall materials

9. Electrical fixtures

10. LED lighting panels

11. Wall construction materials

4. Schedule/Meetings A. The general contractor shall submit a detailed schedule to the COR for approval within (14) calendar days of the award.

B. Pre-Construction Meeting: One Pre-Construction meeting shall be conducted prior to the start of the construction of the contract. A phasing plan shall be made to minimize disruption of healthcare in the radiology department.

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

D. Substantial Completion: One substantial completion meeting shall be held following notification of the Project Officer by the General Contractor that the project is Substantially Complete.

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

5. Miscellaneous A. Security Requirements. Security: HSPD-12 clearance is required for all personnel assigned to project that will be onsite. The contractor shall be responsible for completing all necessary paperwork to obtain security clearances and badges for construction personnel who will work on the project.

1. Workers without complete security clearances must be directly supervised by the project superintendent. The project superintendent must obtain the proper clearances.

2. All contractors are required to check-in with the facility manager/maintenance staff before commencing work on any project.

3. The contractor will be responsible for the security of the work site. The hospital and the Indian Health Service staff shall not be responsible for the security of the contractor’s tools, equipment, or material during the course of the project.

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

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

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

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

4. The Contractor shall maintain Workers’ Compensation and other legally required insurance with respect to the Contractor’s own employees and agents.

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

C. 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.

D. 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.

E. Tribal Requirements.

1. The Contractor and all subcontractors engaging in work on the Pine Ridge Indian Reservation will be required to comply with the Indian preference and Indian preference program requirements administered by the Oglala 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% 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. The annual work permit fee for each employee is $250.00.

4. Contractors are strongly encouraged to contact the TERO office at (605) 867-5167 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. Indemnification

1. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any

Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable.

2. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts.

3. The indemnification obligations of Contractor under Paragraph 6.H.1 shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of:

a) the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or

b) giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage.

H. Dispute Resolution

1. All claims, disputes and other matters in question arising out of, or relating to, the Contract Documents or the breach thereof, except for claims which have been waived by the making and acceptance of final payment, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in any court having jurisdiction thereof.

2. Notice of the demand for arbitration shall be filed in writing with the other party to the Contract Documents and with the American Arbitration Association, and a copy shall be filed with the Engineer. Demand for arbitration shall in no event be made on any claim, dispute or other matter in question which would be barred by the applicable statute of limitations.

3. The Contractor will carry on the WORK and maintain the progress schedule during any arbitration proceedings, unless otherwise mutually agreed in writing.

6. Payments to the Contractor

1. The Government will pay the Contractor a fixed price, as indicted below, 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.

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

3. IHS Personnel A. Contracting Officer’s Representative (COR)

Austin Kaul will be designated as the Contracting Officer’s Representative (COR) for this Order. His address and telephone are:

Austin Kaul Great Plains Area Indian Health Service Division of Facilities Management & Engineering 3200 Canyon Lake Dr.

Rapid City, SD 57702 Cell: 605-464-0710 Austin.Kaul@ihs.gov

Any change in COR designation will be documented by the Contracting Officer in writing.

B. Alternate COR/PM Corey Sawatzky will be designated as the Alternate Contracting Officer’s Representative (COR) for this Order as well as the Project Manager. His address and telephone are:

Corey Sawatzky, PE Great Plains Area Indian Health Service Division of Facilities Management & Engineering 3200 Canyon Lake Dr.

Rapid City, SD 57702 Office: 605-945-5454 Corey.Sawatzky@ihs.gov

Any change in Alt COR designation will be documented by the Contracting Officer in writing.

C. Facility Manager (FM)

Chance Knutson is the acting Facility Manager for the Pine Ridge Hospital. His contact information is:

Chance Knutson Acting Facility Manager Pine Ridge Service Unit Cell: 605-454-6767 Office: 605-867-3042 Chance.Knutson@ihs.gov

Appendix A – None Appendix B – Plan Set – See J02 – See B1 Attachment J02 Appendix C – Reception Window – See B1 Attachment J03 Appendix D – Flooring and Base Finishes – See B1 Attachment J04 Appendix E – Surface and Colors – See B1 Attachment J05 Appendix F – Light Fixture Devices – See B1 Attachment J06 Appendix G – Light Control Devices – See B1 Attachment J07 mailto:Austin.Kaul@ihs.gov mailto:Corey.Sawatzky@ihs.gov mailto:Chance.Knutson@ihs.gov

SECTION E - INSPECTION AND ACCEPTANCE

E.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 52.246-12 Inspection of Construction Aug 1996

E.2. INSPECTION OF SITE

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

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

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

E.3. INSPECTION AND ACCEPTANCE

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

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

(a) Substantial Completion Inspection

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

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

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

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

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

(b) Final Inspection

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

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

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

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

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

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

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, prosecute the work diligently, and complete the entire work ready for use not later than 250 calendar days after the date the contractor receives the notice to proceed. The time state for completion shall include final cleanup of the premises.

F.3. EVALUATION OF CONTRACTOR PERFORMANCE

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

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

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

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

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

SECTION G - CONTRACT ADMINISTRATION DATA

G.1. CONTRACTING OFFICER

The Contracting Officer (CO) is the individual appointed with the authority to enter into, obligate funds, administer and make related determinations pertaining to the contract on behalf of the federal Government.

The Contracting Officer must sign all contractual documents, including contract modifications, and approve payment requests. The Contracting Officer is the only individual authorized to make changes to the contract.

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

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

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

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

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

G.3. ADDRESS FOR CORRESPONDENCE

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

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

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

G.4 PAYMENT PROCESS

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

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

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

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

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

(1) Requests are to be submitted with signature for the Contractor certification statement (scanned signature okay) to the 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. Hand delivery to the COR in the field does not constitute delivery to the billing office.

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

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

(d) The final payment request will be rejected and returned to the contractor if all items required under the contract have not been completed, submitted, approved, and accepted prior to the receipt of the request;

e.g., deficient work items, as-built, payrolls, reports, O&M manuals, 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 http://www.ipp.gov/ 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 clauses specified in Section I:

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

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

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

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

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

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

(c) 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.

(d) 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 EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

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

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

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

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

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

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 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)…