B01 RFP 75H70126R00020.pdf

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Nambe Wastewater Treatment Improvements Lagoon #4 Nambe
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75H70126R00020
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Solicitation Summary: Nambe Wastewater Treatment Plant Improvement

This is a Request for Proposal (RFP) issued by the Indian Health Service (IHS), Division of Engineering Services, for construction of wastewater treatment improvements at the Pueblo of Nambe in New Mexico. The solicitation number is 75H701-26-R-00020, with proposals due August 5, 2026, at 2:00 PM PST, and a mandatory site visit scheduled for July 15, 2026, at 1:00 PM MST. This is a 100% Indian Small Business Economic Enterprise (ISBEE) set-aside under NAICS code 237110 (Water and Sewer Line and Related Structures Construction), with an associated size standard of $45 million. The estimated construction magnitude ranges from $1,000,000 to $5,000,000.

The scope of work requires installation of a complete wastewater treatment system for the Pueblo of Nambe serving 49 homes, including two 25,000-gallon settlement tanks, eight wastewater treatment units, 65 linear feet of 8" PVC sewer pipe, 80 linear feet of 2" sewer force main, 150 linear feet of 1" water service line, concrete pads, sanitary sewer manhole, 600 linear feet of chain link fencing, and related electrical and site work. The contractor must begin work within 10 calendar days of receiving notice to proceed and complete all work within 365 calendar days. Award will be made using Lowest Price Technically Acceptable (LPTA) procedures to the firm offering the lowest price among technically acceptable proposals. Evaluation criteria include Factor 1 (Specialized Experience—3 to 5 projects with similar scope within 6 years), Factor 2 (Technical Approach), and Factor 3 (Past Performance), all rated on an Acceptable/Unacceptable basis. Proposals must be submitted in two separate volumes: Volume I (Indian Economic Enterprise Representation and Price Proposal, maximum 20 pages) and Volume II (Technical Proposal addressing specialized experience, technical approach, and past performance). The contractor must perform at least 15% of the cost of the contract (excluding materials) with its own employees in accordance with FAR 52.219-14.

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INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

Solicitation Number: 75H701-26-R-00020 Nambe Wastewater Treatment Plant Improvement

SITE VISIT: 15 July 2026 at 1:00PM MST (L.6.) unless changed by Amendment

PROPOSAL DUE DATE: 5 August 2026 at 2:00PM PST, unless changed by Amendment

Proposals must set forth full, accurate, and complete information as required by this request for proposal (including Gres). The penalty for making false statements in proposals is prescribed in 18 U.S.C. 1001.

Table of Contents

SECTION A – SOLICITATION

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

75H70126R00020

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

Project: Nambe Wastewater Treatment Plant Improvements

Project No: AL 17-A78

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 237110, Water and Sewer Line and Related Structures Construction. The associated size standard for this procurement is $45 million.

CONSTRUCTION MAGNITUDE: The magnitude of this construction project is anticipated to be between $1,000,000 and $5,000,000.

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

Taylor Kanthack taylor.kanthack@ihs.gov 240-478-1501 see box 10

1 52

8/5/2026

2:00PM PT

10 Days after award

Section F.2

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

IHS Albuquerque Area Attn: Finance Office 4101 Indian School Rd NE Suite 225 Albuquerque, NM 87110-3988

Solicitation 75H701-26-R-00020

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

Bid Item Description Units Quantity Unit Cost Total Cost

1 Mobilization/Demobilization LS 1 $

35,000 Gallon Fiberglass Reinforced Primary Tank EA 2

25,000 Gallon Fiberglass Reinforced Primary and Recirculation/Dosing Tank EA 2

4 Wastewater Treatment Units EA 8 $

5 8" PVC Sewer Pipe LF 65 $

6 2" PVC Sewer Force Main LF 80 $

Water Reclamation Facility Electrical and Controls LS 1

8 Sewer Manhole EA 1 $

9 Chain Link Fencing LF 600 $

10 1" Water Service Line, incl tee LF 150 $

11 Yard Hydrant EA 1 $

Storm Water Pollution Prevention Plan LS 1

13 Gravel Cover LS 1 $

14 Electrical Service Drop EA 1 $

15 Earthwork LS 1 $

Convert Old Lagoon Into Gravel Filled Percolation Pond LS 1

TOTAL $

NOTES:

As a reminder, all offerors are responsible for allowing for all applicable state, local taxes (including NMGRT) 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 15.403-1(b) (DEVIATION) (RFO Apr 2026), 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 price schedule. 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

STATEMENT OF WORK

WASTEWATER TREATMENT IMPROVEMENT

PUEBLO OF NAMBE, NEW MEXICO

PROJECT NO. AL-17-A78

I. EXECUTIVE SUMMARY

The Indian Health Service (IHS) has determined a need for the construction of wastewater sanitation facilities on the Nambe Indian Reservation. The work under this contract is part of the detailed design to install these facilities. The Contractor shall construct the facilities in accordance with this scope of work and all referenced specifications and drawings to furnish a fully functioning system.

II. SCOPE OF WORK

The Contractor shall furnish all labor, materials and equipment for complete installation of the following sanitation facilities.

General: Work to be performed under this Contract includes installation of an wastewater treatment system for the Pueblo of Nambe to serve 49 homes located on the Pueblo. The design is based off an inventory conducted by the Pueblo of Nambe and the Indian Health Service.

Specific: Work to be performed under this Contract includes:

• Utility Features: Refer to the Construction Drawings for IHS Project No. AL-17-A78 Wastewater Treatment Improvement to determine the responsibilities of the Contractor regarding the installation of the sewer facilities and required electrical (attached).

• Technical Provisions: All Work shall be installed in accordance with the November AAIHS/OEHE Sanitation Facilities Construction Technical Provisions and the Supplemental Technical Provisions.

See Section A of the SOW for further details.

A. DESCRIPTION OF WORK

The contractor shall be responsible for the installation of two (2) 25,000-gallon settlement tanks, one (1) wastewater treatment system, 65 LF of 8” PVC sewer pipe, 80LF of 2” sewer force main, 150 LF of 1” polyethylene water service line, one (1) 1” service tee, one (1) frost-free yard hydrant, 10’x10’ concrete pad, one (1) sanitary sewer drop manhole, 180’x14’ gravel access road, 250 LF of buried electrical conduit and wire, 600 LF chain link fence, barbed wire and a vehicular access gate. The Contractor shall install all necessary appurtenances and perform the required disinfection procedures to place the water service line in full operational condition. All pipe, fittings, accessories, and installation product testing procedures shall conform to the latest version of Technical Provision Section 04 – Water Transmission and Distribution Mains.

B. TECHNICAL SPECIFICATIONS

1. Standard Technical Provisions (attached): The following sections of the Albuquerque Area-

Indian Health Service/Office of Environmental Health and Engineering AAIHS/OEHE - Sanitation Facilities Construction (SFC) Technical Provisions, November 2021 edition are incorporated by reference. The provisions are the same as if fully written herein and shall govern this Project except where revised, updated, or supplemented by the Supplemental Technical Provisions.

SECTION 01 TRENCH EXCAVATION & BACKFILL FOR PIPELINES AND APPURTENANT

STRUCTURES

SECTION 02 CONCRETE

SECTION 03 REINFORCING STEEL

SECTION 04 WATER TRANSMISSION AND DISTRIBUTION MAINS

SECTION 06 GRAVITY SANITARY SEWERS

SECTION 11 ROADWAY, RAILROAD, AND SPECIAL UTILITY CROSSINGS

SECTION 60 CHAIN LINK FENCING

2. Supplemental Technical Provisions (Index followed by detailed provisions):

ADDED TECHNICAL PROVISIONS

STP 1.0 PRECONSTRUCTION CONFERENCE

STP 2.0 PROTECTION OF SITE, MOVING FENCES & MINOR STRUCTURES

STP 3.0 TRIBAL RESOURCES

STP 4.0 WASTEWATER TREATMENT SALIENT FEATURES

SUPPLEMENTAL TECHNICAL PROVISIONS

ADDITIONS, SUBSTITUTIONS, EXCEPTIONS, AND/OR REVISIONS TO THE TECHNICAL PROVISIONS

Added Technical Provisions

STP 1.0 Pre-Construction Conference:

A pre-construction conference will be held before the work proceeds, which will cover the responsibilities and procedures of each of the interested parties to see that the project is completed according to the contract plans and specifications.

STP 2.0 Protection of Site, Moving Fences, and Minor Structures:

Except as otherwise provided herein, the Contractor shall protect all fences, structures, walks, utilities, trees, shrubbery, lawns, etc. During the progress of the work he shall remove all debris and unused materials and shall, upon completion of the work, restore the site as nearly as possible to its original condition, including the replacement, at the Contractor's sole expense, of any facility or landscaping which has been destroyed or damaged beyond restoration.

It shall be the Contractor's responsibility to visit the project site and determine actual conditions with regard to the existence of old car bodies, abandoned houses, fences, clotheslines, driveways, sidewalks, approaches, and other miscellaneous obstacles to construction.

The Contractor shall make all temporary openings in fences and make the necessary repairs to replace the existing fences in their original locations and conditions. Culverts, drainage pipes or other minor structures which may have to be moved temporarily from the alignment of the work shall be removed, cared for, and reset by the Contractor in a manner satisfactory to the Owner. No separate payment shall be made for the removal or replacement of these items.

Not all existing utilities were placed on the plans. The contractor is responsible for contacting NM

One-Call Utility Locate to have existing utilities marked prior to construction.

The best available information from existing as-builts and the Pueblo of Nambe was utilized to show existing water and sewer facilities on the plans. However, it is expected that some variation will be discovered in the field. The Contractor shall coordinate with the IHS Project Engineer and the Pueblo of Nambe, as delegated on a daily basis to ensure that the best available information with regard to existing facility locations is shared. Any damage to existing facilities shall be repaired at the Contractors expense. All repair couplings must be approved by the IHS Project Engineer prior to installation. The Contractor will be required to excavate and possibly replace a fitting not previously approved by the Project Engineer.

STP 3.0 Tribal Resources

General: The Contractor is responsible for procuring all necessary materials and royalty accesses to complete the prescribed Scope of Work. The Pueblo of Nambe offers local resources for the purpose of then intended Work, including water (non-potable & potable) and backfill material.

All access arrangements shall be made through the Pueblo of Nambe. (Contact information will be provided at time of award)

Local potable water supplies are considered a Tribal utility service, managed by the Pueblo of Nambe. The Contractor has the option of arranging access and use of the local potable water supplies, for the purposes of the intended Work, through the Pueblo of Nambe. The Contractor will be responsible for arranging the method and point of retrieval with the Pueblo of Nambe, as delegated.

The Pueblo of Nambe upholds the authority to regulate the use of Tribal resources involving water and minerals. In the event that the Pueblo of Nambe declines use of resources, the Contractor will be responsible for procuring the necessary material and/or resources from another source. No separate payment shall be made for the procurement of any material needed for installation and construction of prescribed facilities, including water and backfill material – all incurred costs shall be considered incidental.

STP 4.0 WASTEWATER TREATMENT SALIENT FEATURES

• BOD5 Effluent < 10 mg/L monthly average

• TSS Effluent: < 10mg/L monthly average

• Total Nitrogen (TN) reduction: > 55%

• NSF/ANSI 40 Certified

• NSF/ANSI 245 (Nitrogen Reduction) Certified

• Modular, Scalable configuration

• Filter media: Engineered lightweight textile

• Secondary pre-treatment prior to lagoon discharge

• Recirculation capability required

• Housing made of non-corrodible materials

• Dosing Control required

• Low-energy operation

The following vendors/products are known to satisfy the requirement; equivalent products meeting the salient characteristics will also be considered:

• Orenco AdvanTex AX-Max

• Puraflo Peat Fiber Biofilter

• E-Z Treat RSMF

Orenco is the basis of design manufacturer. If Contractor uses other manufacturer, they will be responsible for any potential redesign costs.

Design parameters

• Flow rate: 24,000 gallons per day

• BOD: 40.8 pounds per day / 204 ppm

• Nitrogen loading: 8.2 pounds per day / 41 ppm

• Total Suspended Solids: 200 ppm

• Primary tank HRT: 3 days

• Hydraulic loading: 50 gpd/ft2

• Organic loading: 0.08 lbs BOD/ft2*day

• Total nitrogen loading: 0.028 lbs TN/ft2*day

• Primary tank storage: 27,000 gallons

• Hydraulic treatment area: 480 ft2

• Organic treatment area: 510 ft2

• Total nitrogen treatment area: 293 ft2

A. ATTACHED MAP

See attached Construction Drawings, titled IHS Project No. AL-17-A78 Nambe Lagoon 4 WW Improvements.

B. SCHEDULE OF WORK

A site priority list will be discussed at the pre-construction conference.

C. COMMENCING OF WORK & TIME OF COMPLETION

The Contractor shall begin work no later than two-weeks upon Notice to Proceed. All said work outlined shall be completed within 365 calendar days upon issuance of Notice to Proceed.

D. WORK HOURS

The majority of the work shall be performed within the normal five (5) day work week observed by occupants of the site(s), Federal and Nambe Tribal holidays excluded. All Tribal holiday periods which will prohibit construction activities will be communicated to the Contractor by the COR in at least one week in advance. Any work performed outside of normal working hours shall be done at no additional cost and shall commence only after prior approval for such work has been obtained from the COR.

E. WORK CONDITIONS

Contractor Responsibility: The Contractor shall assume full responsibility and liability for compliance with all applicable regulations, including Occupational Safety and Health Administration (OSHA), pertaining to the health and safety of personnel during the execution of work, and shall hold the Government harmless for any action on the part of its employees or subcontractors.

F. INTERFERENCE RESULTING FROM WORK

Conduct operations to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. Do not close or obstruct streets, walks, or other occupied or used facilities without permission from the COR or authorities having jurisdiction.

Storage of Materials and Equipment: The Contractor shall not store equipment nor stockpile material on-site without prior approval from the COR.

Ownership and Purchase of Materials: The Contractor shall purchase and deliver materials to be installed as part of this contract. Installation materials are subject to inspection and acceptance by the COR. Materials shall be of quality and type as specified. Materials once installed, becomes the property of the Government.

G. PROTECTION

All necessary precautions, including the use of appropriate warning signs and barricades, shall be taken to prevent personal injury, damage to property (including existing landscape materials, surfaces, and structures), and/or damage to the environment when conducting operations.

Replace or restore damaged landscape materials, landscape surfaces, or structures caused by normal operations and/or as a result of the Contractor’s negligence as acceptable to the Government or parties having jurisdiction, at no additional cost.

H. WORK COMPLETION

Work shall not be considered completed until

1. Final Inspection is conducted. The Final inspection is to be scheduled by the COR.

Required participants include the Contractor, a nominated IHS Representative, and a Tribal Representative.

2. The Contractor has completed all punch list items identified during the Final Inspection.

3. All completed work is formally accepted by the COR.

4. The Contractor has removed from the premises all trash, debris, litter, etc., accumulated during the performance of work. Containers for handling this material shall be furnished by the Contractor.

I. DELIVERABLES

The following items, limited to, shall be received by IHS after final acceptance:

1. Electronic as-built drawings

2. O&M Manuals

3. Equipment submittals

4. Starup/testing reports

5. Training documentation

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 (DEVIATION) (RFO Aug

2025) Apr 1984

52.242-14 Suspension of Work Apr 1984

F.2 PERIOD OF PERFORMANCE

The Contractor shall be required to 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 365 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.

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; 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 Administrative 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: Taylor Kanthack 701 5th Ave, Suite 1650 Seattle, WA 98104

G.4. PAYMENT PROCESS

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

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

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

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

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

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

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

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

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

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

G.5. PAYMENT FOR MATERIALS STORED ON SITE

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

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

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

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

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

(i) Certified paid vendor invoices

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

(iii) Accepted delivery tickets, if applicable.

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

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

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

G.6. INVOICE REQUIREMENTS

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

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

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

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

2018)

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

2023)

(5) HHSAR 352.232‐71, Electronic Submission of Payment Requests (Feb 2022) (DEVIATION RFO

Apr 2026)

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

(c) Invoices for payment shall be sent via e‐mail to the Contracting Officer at taylor.kanthack@ihs.gov and the designated Contracting Officer’s Representative (COR). The invoice will then be reviewed and signed by the COR prior to submission to the Contracting Officer for final approval.

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

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

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

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

G.7. CERTIFICATION OF PAYMENTS - RELEASE OF CLAIM

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

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

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

G.8. TIME EXTENSION FOR UNUSUALLY SEVERE WEATHER

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

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

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

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

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

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

END OF SECTION

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

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

H.2. FEDERAL HOLIDAYS

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

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

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

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

H.3. SUBCONTRACTS

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

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

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

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

(e) In accordance with FAR 52.222-11 (Deviation RFO Nov 2025) Subcontracts (Labor Standards) within 14 days after award of the contract, the Contractor shall deliver to the Contracting Officer a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each subcontract for construction within the United States, including the subcontractor’s signed and dated acknowledgment that the clauses set forth in paragraph (b) of this clause have been included in the subcontract.

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

H.4. SUBCONTRACTING

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

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

(b) In connection with the performance of work under this contract, the contractor shall not subcontract with any subcontractor who, at the time of subcontract award, is listed on the current GSA's Lists of Parties Excluded from Procurement and Non-procurement Programs, unless otherwise authorized by the Government in accordance with Subpart 9.4 of the Federal Acquisition Regulations. Reference FAR 52.209-6 (Deviation RFO Nov 2025), Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

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

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

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

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

H.5. INSURANCE

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

(a) Workers' Compensation and Employer's Liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so comingled with a contractor's commercial operations that it would not be practical to require this coverage.

Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

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

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

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

H.6. KEY PERSONNEL

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

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

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

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

H.7. PROJECT MANAGEMENT

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

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