B01 RFP ABQ SFC MATOC.pdf

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

SEATTLE

SOLICITATION 75H70120R00011

2020 ALBUQUERQUE AREA SANITATION FACILITIES CONSTRUCTON MULTIPLE

AWARD TASK ORDER CONTRACT

PROJECT TABLE OF CONTENTS:

Section Taxonomy Section A Standard Form 1442 Section B Services and Price/Cost 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

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

1001.

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

75H70120R00011

Indian Health Service - DES 701 5th Avenue, Suite 1650 Seattle, WA 98104

2020 Albuquerque Area Sanitations Facilities Construction Multiple Award Task Order Construction

Competition: 100% Small Business Set-Aside. The Government will only accept offers from certified small businesses. All other firms are deemed ineligible to submit offers.

NAICS: 237110 - Water and Sewer Line and Related Structures Construction

Size Standard: $39.5M

See item 7

Andrew Hart 206-615-2453

Al-19-B37

2 7509/08/2020

10/09/2020

2:00PM

Section B.3

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

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

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

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

30b. SIGNATURE 30c. DATE

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

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Solicitation #75H70120R00011 Albuquerque SFC MATOC

SECTION B

SERVICES AND PRICE/COST

B.1 SERVICES

The award of Indefinite Delivery, Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOC) is anticipated as a result of this solicitation for the performance of Sanitation Facilities Construction (SFC) services for the Department of Health and Human Services (DHHS)/ Indian Health Service (IHS). Work will primarily be performed at various facilities in the IHS geographic region of Albuquerque, but may occasionally be performed at other locations throughout the United States. The contract will include a base period, with up to four (4) option years.

Work may occasionally be performed at other locations nationwide. The place of performance will be designated on each Task Order. A list of all IHS Healthcare Facilities can be located at this website:

https://www.ihs.gov/locations/

A MATOC is a contract awarded from a single solicitation, and may result in award to multiple contractors.

This procurement consists of one solicitation with the intent to provide a pool between three and five contractors. The Contracting Officer reserves the right to award more or less than the above stated amount if it is in the Government’s best interest. After award of each basic contract, the only work authorized under this contract is that which is ordered by the Government through issuance of a Task Order.

B.2 SEED PROJECT

Attached to this solicitation is a Seed Project Scope of Work (SOW). It is intended that the Seed Project becomes the first task order issued under this MATOC. The Seed Project SOW contains all the information necessary to complete a price proposal for the work stipulated.

The Offeror shall review the documentation and provide a price proposal addressing all the requirements in the SOW for the Seed Project with the level of detail specified in this section. The Seed Project is a valid IHS requirement and the Government intends to award the Seed Project concurrent with the award of all MATOCs as part of the award process. The price for the proposed Seed Project shall be utilized for purposes of price analysis for evaluation and award of the MATOCs.

See Section J, Attachments for more detailed information about the seed project RFP.

B.3 PERIOD OF SERVICE

Each contract will include a base period of one year from the date of award, and four one-year option periods (with a possible one to six-month extension), for a total contract performance period not-to-exceed five years and six months.

The Seed Project Task Order has a period of performance of 120 calendar days after receipt of Notice to Proceed (NTP).

B.4. MINIMUM GUARANTEE

The Government makes no representation as to the number of Task Orders or actual amount of work to be ordered; however, during the term of the contract, a minimum of $1,000 is guaranteed for each awardee.

The contractor that represents the best value will be awarded the first Task Order (i.e. seed project), and the minimum guarantee for that contractor will be satisfied, unless award of the seed project is not feasible or in the best interest of the Government. Otherwise, the Government intends to satisfy the minimum guarantee by negotiating a Task Order directly with each contractor if necessary.

All eligible MATOC contractors will be provided a fair opportunity to compete for each project offered under this contract unless one of exceptions listed at FAR 16.505(b)(2) apply.

B.5 MAXIMUM AWARD AMOUNTS

The maximum task order amount for this contract is $5,000,000; however, most projects are anticipated to range between $500,000 and $1,000,000. The maximum ordering capacity is $10,000,000 total for each contract awarded under this MATOC, or five years, whichever comes first.

See FAR 52.216-19 Order Limitations for additional details.

B.6 PRICE SCHEDULE

B.6.1 CONTRACT LINE ITEM NUMBERS (CLIN) – SEED PROJECT

Offerors shall submit Section J, Attachment 1 – Seed Project Pricing Sheet with the price proposal. The Bid Schedule applies to the Seed Project Task Order only.

Per FAR 36.204, the magnitude of the seed project is between $1,000,000 and $5,000,000.

INCIDENTAL PAYMENT ITEMS – Unless otherwise stated, the contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies, TERO requirements and perform all work required to complete projects in accordance with the scope of work and provisions of this contract and subsequent task orders. Payment for work under each task order will be made for and under those items included in the Task Order Schedule of Items/Pricing Sheet (which is one lump sum price for the task order). All other work and materials will be considered as incidental to the scope.

END OF SECTION

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PURPOSE AND SCOPE

This procurement is needed to provide an IDIQ/ MATOC for the performance of SFC services including, but not limited to the following:

1. Water and wastewater utilities construction including but not limited to the following:

a. Individual water services consisting of water service lines, pressure systems, cisterns, and individual wells.

b. Community water facilities of water distribution main and appurtenances, pump houses, well drilling, control valves, water treatment facilities and equipment, and community water storage tanks (elevated, standpipes, and reservoirs).

c. Individual wastewater facilities consisting of septic tanks with varied types of drain fields (infiltrators, Eljen, etc.), sewer service lines, onsite wastewater treatment and disposal systems, septic tank effluent pump systems, individual lift stations, septic tanks and mounds, and septic tank abandonment.

d. Community wastewater facilities consisting of wastewater collection systems and appurtenances, shallow and drop manholes, force mains, lift stations, wastewater aeration/measurement, wastewater treatment systems including but not limited to evaporative and discharging lagoons, mechanical treatment, and effluent irrigation systems.

e. General utility construction work such as utility crossings for roads, arroyos, railways, etc., earthwork, including soils and gravel excavation and placement; concrete work (structural and non-structural), disinfection for water and wastewater, directional drilling, boring and casing, access roads, fencing, electrical control systems (Supervisory Controls and Data Analysis (SCADA), Programmable Logical Control (PLC), Radio Telemetry etc.), utility renovation activities including slip lining, pipe bursting, cured-in-place, manhole lining, bentonite clay and High Density Polyethylene (HDPE) lining, utility trenching, testing including compaction, pressure, leak, water and wastewater chemistry, seeding and re-vegetation activities, and preparation of required regulations.

2. Solid Waste Transfer Station construction, and cleanup and closure of solid waste sites.

3. Documents/Plans such as Storm Water Prevention Plans (SWPPP), Traffic Control, Utility Permits along with;

a. Soils analysis and septic system design for individual homes

b. As-Built Drawings both computer and hand drafted

c. Operator Training on constructed facilities

4. Small Building Construction (wood frame, masonry, roofing, and associated work)

5. All sanitation facility construction services listed above will be performed for individual homes and communities on Indian Reservations served primarily by the Albuquerque Area Indian Health Service within New Mexico, Western Texas, Southern Colorado, and Southeast Utah. Work may occasionally be performed at other areas within the Indian Health Service.

6. PROJECT PLANS/ SPECIFICATIONS AND DRAWINGS

No design documents will be included in the basic MATOCs. Each Task Order solicitation will be issued with its own documents (including design documents) specific to that project, as applicable.

Any applicable specifications and/ or drawings or other solicitation documents that accompany Task Orders will be considered a part of the scope of work.

7. INSTRUCTIONS/MANUALS

As required in the individual Task Order, the Contractor shall furnish Maintenance and Operating manuals and any necessary verbal instructions.

a. Manuals: Maintenance and operating manuals (two copies each) for each separate piece of equipment shall be delivered to the COR at the time of equipment start up. In addition, the Contractor shall provide the manufacture, model, serial number and start-up date for all equipment installed, prior to installation. An electronic version of the O&M manuals shall be submitted for review and approval prior to the paper copies being provided. Manuals shall be complete, detailed guides for the maintenance and operation of equipment. They shall include complete information necessary for starting, adjusting, maintaining in continuous operation for long periods and dismantling and reassembling of the complete units and sub-assembly components. Manuals shall include an index covering all component parts clearly cross-referenced to diagrams and illustrations. Illustrations shall include "exploded" views showing and identifying each separate item. Emphasis shall be placed on the use of special tools and instruments. The function of each piece of equipment, component, accessory and control shall be clearly and thoroughly explained. All necessary precautions for the operation of the equipment and the reason for each precaution shall be clearly set forth. Manuals must reference the exact model, style and size of the piece of equipment and system being furnished. Manuals referencing equipment similar to but of a different model, style, and size than that furnished will not be accepted.

b. Instructions: When required by the task order, the Contractor shall provide qualified, factory-trained manufacturers' representatives to give detailed instructions to assigned government personnel in the operation and complete maintenance for each piece of equipment. Instructions for different items of equipment that are component parts of a complete system shall be given in an integrated, progressive manner.

c. Equipment Warranties: Contractors shall ensure that all manufacturer warranties on equipment are placed in the name of the corresponding facility.

8. REPORT OF ERROR AND DISCREPANCIES

a. Contractors shall promptly notify the CO in writing of any discrepancies.

b. Contractors shall be responsible for any and all discrepancies in work due to failure to obtain dimensions and investigate conditions at the building before fabrication and installation.

c. Contractors shall bear all costs in replacing all materials and labor due to not observing the above and such replaced materials shall meet the approval of the CO.

d. Any proposed changes to the specifications by the Contractor must be submitted in writing to the

CO for approval prior to implementation.

9. METHOD OF CARRYING ON THE WORK

a. All work under any Task Order shall be arranged and carried on in such a manner as to complete work in the least possible time. The Contractor shall consult with the CO as to methods or sequence of carrying on the work. A definite program of work shall be arranged before starting.

b. Activities in the vicinity of this project may be kept in full or partial operation during construction. The Contractor shall coordinate scheduling of construction activities with the CO and COR.

10. STANDARDS OF MANUFACTURE

a. All recognized regulatory/code standards shall be the latest published edition prior to the task order proposal issue date.

b. For purpose of establishing the standard of construction and the requirements to be met in the Task Order, the drawings and these specifications are based on the use of products hereinafter specified, adapted to the installation as required to meet the condition.

c. Where brand names are shown, these names are intended to describe a quality of product, and in no way are intended to limit products of equal quality. Therefore, products of other manufacturers may be employed for this work provided they are equivalent materials and construction and equally adaptable to the conditions as approved by the CO.

11. SUBMITTAL REQUIREMENTS

a. The Contractor shall submit to the CO, all items listed or specified for each task order within 14 working days after award, unless described in the Task Order. Unless otherwise stated, electronic copies of each submittal shall be provided. The CO may request submittals in addition to those listed on the task order when deemed necessary to adequately describe the work.

b. Each submittal shall be complete and in sufficient detail for ready determination of compliance with the contract requirements. Submittals shall include such items as: project schedule, descriptive literature (i.e. catalog cuts, diagrams, operation charts/data); test reports; certificates of compliance; actual material sample; fabricator's drawings; shop drawings; operation and maintenance (O&M) manuals including parts lists, certifications, warranties and other such required submittals.

12. MEANING OF APPROVED, DIRECTED, AND/OR WORDS OF LIKE OR SIMILAR EFFECT

“Approved”, “Directed”, “Required”, “Applicable”, or words of like or similar effect, when used in the specifications shall be interpreted to mean “Approved By”, “Directed By”, etc., the CO unless otherwise specifically stipulated.

13. POLLUTION ABATEMENT

a. All work shall be performed in a manner minimizing pollution of air, water and land as required per all applicable federal, state, local, and tribal laws and policies.

b. Transporting materials to or from the site shall be accomplished in a manner preventing materials or particles from becoming airborne. Earth materials shall be dampened or otherwise protected. Gravel, sand and concrete shall be contained within vehicles to prevent spillage.

Tarpaulins must be fastened over load before entering surrounding streets. Removal of any materials dropped or blown off vehicles shall be the responsibility of the Contractor.

c. Burning of any material is strictly prohibited.

d. Stream beds, lakes, drainage ways, sanitary and storm sewers, etc., shall not be polluted by fuels, oils, bitumen, acids or other harmful materials. Grading shall be accomplished to prevent surface drainage from the construction site containing harmful amounts of sediment from draining onto adjacent areas.

e. Flushing on concrete trucks is restricted to the location specifically pre-approved by the COR for this purpose.

f. Excess mortar, plaster or drywall materials shall not be disposed of on Government or Tribal property. Water utilized for plastering or drywall equipment shall be disposed of in accordance with the instructions of the COR, and under no circumstances shall water be disposed of in areas which are planted or scheduled to be planted.

SECTION D

PACKAGING AND MARKING

D .1 PACKAGING AND MARKING

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 standard practice for commercial packaging.

Indian Health Service is not responsible in any manner for deliveries that are generated by the contractor.

SECTION E

INSPECTION AND ACCEPTANCE (CONSTRUCTION)

E.1 INSPECTION OF SITE

a. The Contractor shall be responsible for the complete coordination and proper relation of the work of all trades on each task order.

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.2 SUBSTANTIAL COMPLETION AND FINAL INSPECTION

(Applies to Task Orders > 60 days)

E.2.1 SUBSTANTIAL COMPLETION INSPECTION

a. 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.

b. The Government and Contractor at this point will jointly conduct a substantial completion (i.e.

pre-final) inspection for the development of punch list items in preparation for final inspection.

The COR will complete the punch list and provide to the CO, which will be furnished in writing to the contractor.

c. The contractor shall ensure that adequate performance time remains for completion of ALL deficiencies noted during the Pre-Final Inspection and the scheduling and completion of the Final Inspection. The substantial completion inspection should be at least 15 calendar days prior to the contractual completion date and the date of final inspection. The contractor is to notify the Contracting Officer at least 10 calendar days in advance to schedule the substantial completion inspection.

d. 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 Contracting Officer 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 including all punch list items.

E.2.2 FINAL INSPECTION

a. Final Inspection completion date is the date established in the task order 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.

b. 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.

c. 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.

d. 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 task order.

e. In the event the pre- final or final inspection will be conducted by a Government contracted service, (A&E firm or other contracted individual) the Contractor may be held liable for travel and labor costs when the project is not sufficiently complete and the inspection must be rescheduled or an additional inspection is required.

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

E.3 CLAUSES INCORPORATED BY REFERENCE

CLAUSE NO. TITLE

FAR 52.246-12 Inspection of Construction (Aug 1996)

SECTION F

DELIVERIES AND PERFORMANCE

F.1 CONTRACTOR PERFORMANCE EVALUATION

a. The contractor will be evaluated on his overall general work, for compliance with the specifications and drawings, quality of work performed, compliance with schedule, submission of submittals and all matters associated with the project.

b. If a deficiency is noted the contractor will be advised by the COR and the Contracting Officer and what corrective action the contractor needs to take.

c. Contractors are advised that continuous satisfactory performance on all phases of the task orders is required. Failure to do so could result in the contract being terminated or not utilized.

F.2 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

Unless specified otherwise in a task order, 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.

F.3 CLAUSES INCORPORATED BY FULL TEXT

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

1984)

The Contractor shall be required to:

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

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than 120 calendar days* after the contractor receives the notice to proceed. The time stated for completion shall include all training and deliverables; as well as final cleanup of the project site premises.

*Note: Duration listed applies to the seed project. Information will be specified in each subsequent task order.

(End of Clause)

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER AUTHORITY

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.

If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the unauthorized direction and shall immediately notify the Contracting Officer.

G.2 CONTRACTING OFFICER'S REPRESENTATIVE

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 has NO AUTHORITY to make any changes to the contract or any contract documents.

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 Section I, 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 ORDER OF PRECEDENCE

a. The MATOC basic contract includes the standard contract clauses, and the individual Task Orders include added specifics and schedules current at the time of Task Order award. The Task Order contract consists of:

(1) The solicitation in its entirety, including all drawings, specifications, reports, and any amendments,

(2) The Task Order constitutes and defines the negotiated agreement between the Contractor and the Government. No documentation will be omitted which in any way bears upon the terms of that agreement; and

(3) The terms and conditions including the MATOC basic contract.

b. In the event of conflict or inconsistency between any of the provisions of a Task Order, including the Request for Proposal, Contractor's proposal, or Task Order deliverable, precedence will be given in the following order:

(1) Betterments: Any portions of the accepted proposal, or any subsequent design or other submittal, which both conform to and exceed the provisions of the Request for Proposal.

"Betterment" is defined as any product, component, or system, which exceeds the minimum requirements stated in the solicitation.

(2) The provisions of the solicitation: (See also FAR 52.236-21 Specifications and Drawings for Construction)

G.4 ADMINISTRATIVE MATTERS

a. The contracting office of the Indian Health Service, Office of Environmental Health and Engineering, Division of Engineering Services, is the office having administrative jurisdiction over this contract for all matters.

b. A list of the names and telephone numbers of the Government team comprising the contract administrator, Contracting Officer’s Representative (COR), consultant, and point of contact at the project site will be provided at the post award conference and pre-construction conference for task orders.

c. Only the Contracting Officer has the authority to modify the term and conditions of the Basic contracts and may execute modifications to any Task Orders issued thereunder.

d. All correspondence shall be addressed to the task order Contracting Officer, a copy of all correspondence shall be furnished to the Contracting Officer’s Representative (COR). Enclosures attached or transmitted with the correspondence shall also be furnished with an original and one copy. Each letter shall make reference to the contract name, contract number, task order number, and shall have only one subject.

e. PAPERLESS CONTRACTING. The IHS is fully committed to the Federal Government’s electronic commerce and paperless contracting initiatives. As such, it is anticipated that, to the maximum extent possible, Proposed Task Order Requests for Proposals, to include specifications and drawings may be issued using electronic methods. In addition, task order distribution, correspondence, and contract administration efforts will also be issued electronically to the maximum extent using email, internet or other electronic methods. Contractors shall have and maintain capability to receive documents in this manner. When electronic systems or processes are implemented by the Contracting Officer, contractors shall participate fully in any of these new requirements at no additional cost to the Government. Failure to accommodate new processes may be cause for termination.

G.5 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 Contracting Officer. Include the

Contract Number and Task Order number (if applicable) 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 Attn: Andrew Hart, Supervisory Contracting Officer Division of Engineering Services 701 5th Avenue #1600 Seattle, WA 98104

G.6 ORDERING OFFICE

The following Indian Health Service Contracting Organizations are authorized to request proposals and issue task orders under this contract:

Dept. of Health & Human Services, Indian Health Service Division of Engineering Services – Dallas 1301 Young Street, Suite 840 Dallas, TX 75202-5433 Phone: 214-767-3492

Dept. of Health & Human Services, Indian Health Service Division of Engineering Services – Seattle 701 5th Avenue, #1600 Seattle, WA 98104 Phone: 206-615-2471

G.7 ORDERING PROCEDURES

The only work authorized under this contract is that which is ordered by the Government through issuance of a Task Order.

The seed projects included with this solicitation and basic contracts will be awarded based on the evaluation criteria specified in Sections L and M of the solicitation. For future task order competition, the following information applies.

G.7.1 REQUESTS FOR PROPOSALS/ QUOTATIONS

When the Government requires work under the MATOC, a solicitation will be issued via Request for Proposal (RFP), or Request for Quotation (RFQ) depending on the magnitude of the project. Each solicitation will normally be posted with a unique solicitation number.

Contractors who have elected to receive task orders for the area in which the project is located will be provided a Task Order solicitation package on the Standard Form 1442 (SF1442) which will include proposal requirements, Statement of Work (SOW), price schedule sheet, price breakdown sheet, and wage determination. All other items such as plans and specifications, pertinent supplemental specifications, construction drawings, and any other requirements will be attached as needed for adequate proposal submission. The Government will provide these items as electronic media. All further reproduction of the SOW, specifications, and drawings shall be solely at the Contractor's expense.

When a RFP/RFQ is distributed, contractors must respond to the Contracting Officer (CO) with their price and ability to accept and complete the task order. Proposals will generally be due within 14-30 calendar days from date of the request, or other period as stated in the RFP/RFQ. On some occasions, price proposals may be required in less than 14 days to fulfill an emergency or other short notice requirement.

Projects will be of varying size and complexity. The request will include information such as a statement of work, guide specifications, drawings, attachments, information pertaining to a site visit and any other requirements for submission (e.g. proposal requirements, price schedule, etc.). Projects may include, but are not limited to, complete plans and specifications for all elements of work or limited specifications. Deduct-alternates and option line items may be included in the task order RFP/RFQ.

G.7.2 PROPOSALS CONTENTS

a. Contractors may be required to furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design (if applicable) and all other associated costs necessary to fulfill the requirement specified in each order RFP/RFQ. Proposals shall include at a minimum all labor wages, management, supervision, mobilization, material and equipment costs, overhead and profit (OH&P) and any other costs associated for a construction or design-build effort.

b. Deviations and Alternate Proposals: Offerors shall specifically identify all deviations from the minimum solicitation requirements in a cover letter in a section entitled "Alternate Proposal” or “Deviations." This requirement also applies for all proposal revisions and Final Proposal Revisions.

Proposed alternates/deviations shall specifically address in detail the alternate and rationale for proposing. Alternate solutions and deviations shall include separate pricing information. If an alternate/deviation is proposed, the work as specified in the solicitation must also be priced to be considered responsive to the solicitation.

c. MATOC contractors are expected to provide good faith proposals/quotes in response to RFPs/RFQs issued during the life of the contract. The Contractor shall notify the Contracting Officer as soon as possible if it opts to not propose on a Task Order. Contractors that choose not to propose on two (2) or more RFP/ RFQ’s may forfeit the right to their minimum guarantee and may not have its contract renewed for the next option period.

d. Contractors may be required to provide pricing on a cost breakdown worksheet specifically for each project.

e. Costs for preparation of proposals and pre-award activities shall be the sole responsibility of the contractor. Contractors will not be reimbursed for attendance during negotiations, site visits, walkthroughs or any other Task Order pre-award activities.

G.7.3 TASK ORDER EVALUATION METHOD AND PROCEDURES

a. The Contracting Officer may consider such factors that, in the exercise of sound business judgment, believes are relevant to the placement of orders. Each individual task order RFP will describe the criteria (low price, lowest price technically acceptable, or tradeoff) the CO shall utilize for evaluation of proposals.

b. A wide variety of projects, determined by the contracting officer to be within the scope of this contract, will be offered to MATOC contractors for the purpose of obtaining best value. Task order proposals may be evaluated using the lowest price technically acceptable or tradeoff processes, or may be based on price only. Individual Task Order awards on those projects will be based on competitive proposals received exclusively from MATOC contractors.

c. The non-price factors and price factors will vary depending on the unique requirements for each Task Order. A CO may consider factors such as Past Performance on previously awarded orders under the MATOC, and take into consideration, quality and timeliness of work performed, and/or other factors that may be relevant to the award of a particular order. The CO will consider price under each order as one of the factors in the selection decision.

d. Discrepancies in the evaluation of Offers submitted in response to solicitation for individual Task Orders may be handled by the Contracting Officer via clarification, or by entering discussions with Offeror’s determined to be in the competitive range.

e. The Government reserves the right to reject any and all offers.

G.7.4 TASK ORDER AWARD DECISION

a. Whenever possible, award will be made without discussions.

b. If discussions are required, each MATOC contractor will be requested to provide a final proposal revision, unless eliminated from discussions through the establishment of a competitive range.

c. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

d. Task Order award will be made based on the best value to the Government in accordance with the criteria described in the solicitation. When price is the only factor considered, award will be based on the conforming proposal offering the lowest reasonable and realistic price received.

Proposals that are unreasonably high or unrealistically low in price, when compared to the

Government estimate and/ or market conditions evidenced by other competitive proposals received, may be indicative of an inherent lack of understanding of the solicitation requirements and may result in proposal rejection without discussion.

e. Proposals that contain qualifications, conditions, express unilateral interpretations of the minimum contract requirements, or exceed budget limitations may negatively impact the Offeror’s rating and/or eligibility for award.

f. The award will be a firm fixed-priced Task Order with a specific completion date or performance period. When Options are included in the Task Order Price Schedule and the options(s) is not exercised at time of award, the Task Order will specify the number of days after notice of award for exercising the Options. Contractor consideration, for successful order completion, will be taken into account by the Contracting Officer when specifying how far out an Option can be exercised after notice of award. Task Order Options, when exercised, shall not extend the original performance period of the Task Order unless so noted in the Option line item details.

G.7.5 TASK ORDER ISSUANCE

a. Task Orders will be issued on a SF 1442 primarily by electronic means. The appropriate issuing, administration, and payment offices will be cited on each Task Order.

b. Plans and Specifications: All reproductions of required project plans, specifications, and supplemental documents shall be at the Contractor's expense, unless otherwise noted. The Government may, after time of award to the successful contractor, provide a copy in paper format or as electronic media, such as web postings, e-mail or CD ROM, at its option.

c. The Government shall issue a Notice to Proceed (NTP) separately, after receipt and approval of acceptable Bonds (or other financial protections) and insurance, and/ or acceptable number of approved key project submittals, as applicable to the Task Order.

G.7.6 ORDERING PROCEDURES FOR SOLE SOURCE ORDERS

In the event it becomes necessary to negotiate with one firm on a sole-source basis, the following procedures will be used:

a. Unless an exception applies to the sole source task order, or a waiver has been granted, certified cost or pricing data is required at the threshold contained in FAR 15.403-4 (currently $750,000). When required the contractor shall submit to the contracting officer the following in support of any proposal:

(1) Format for submission of certified cost or pricing data. When certification is required, the contracting officer may require submission of certified cost or pricing data in the format indicated in Table 15-2 of FAR 15.408, specify an alternative format, or permit submission in the contractor’s format (See FAR 15.408(1)(i)), unless the data are required to be submitted on one of the termination forms specified in Subpart 49.6.Require any subcontractor or prospective subcontractor to submit to the prime contractor or appropriate subcontractor tier cost or pricing data in the format designated by the Contracting Officer.

(2) A certificate of current cost or pricing data, in the format specified in FAR 15.406-2 certifying that to the best of its knowledge and belief, the cost or pricing data were accurate, complete, and current as of the date of agreement on price or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of agreement on price.

G.7.7 OTHER ORDERING CONSIDERATIONS (REFERENCE FAR 52.216-18)

a. Orders may be issued from date of contract award until the last day of the basic contract period and any options exercised.

b. All Task Orders are subject to the terms and conditions of this contract. In the event of conflict between a Task Order and this contract, this contract will prevail. The Government reserves the right to incorporate additional clauses, as appropriate, into individual Task Orders solicitations and awards as specific needs arise and will be entered into on a mutual basis with the contractor.

c. Protests: In accordance with FAR 16.505(a)(10), no protest under FAR 33.1 is authorized in connection with the issuance or proposed issuance of an order under a Task Order Contract except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract.

G.7.8 SITE VISITS

Offeror’s attendance at site visits and/or pre-proposal conferences is considered vital to preparation of competitive and cost-effective offers, and to understanding the total results desired by the Government.

Although Site Visit attendance is not mandatory, they are STRONGLY ENCOURAGED. Any deficiencies, ambiguities, conflicts, or other areas of concern existing in the scope of work and applicable drawings should be brought to the attention of the Contracting Officer through the Task Order Pre-Proposal Inquiry (PPI) or Request for Information (RFI) process prior to solicitation closing.

Failure to attend the site visit or walk-through, and/or failure to disclose known deficiencies, ambiguities, conflicts, or other areas of concern existing in the scope of work and applicable drawings prior to solicitation closing, may not be used as a basis for remedy of additional time and/ or money under the terms of this contract.

G.7.9 OPTION FOR INCREASED QUANTITY ON TASK ORDERS

The Government may elect to make certain tasks option items, as described in the solicitation. In this case, the Government may increase the quantity of work awarded on individual Task Orders by unilaterally exercising Option Item(s) within the period specified in the Task Order.

In the event the option is not exercised within the time period specified in the task order award, the parties may mutually agree (Bilateral Agreement) to the incorporation of the option(s).

G.7.10 TASK ORDER CHANGES

Changes to the Task Order are only authorized by the CO. All change order requests or any other related pricing for changes must be submitted to the CO.

Proposals for any changes are to be submitted as expeditiously as possible but within 30 calendar days of receipt of request. The request shall be issued in writing or in the form of a response to a Contractor’s Request for Information (RFI).

G.8 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, in the detail requested by the Contracting Officer and COR, of the estimated values of each principal category of the work which when added together equal the total contract price. 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. In addition, 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 quarters 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 included. 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.

(3) 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.

b. The following are instructions for submitting pay requests:

(1)…