B01 RFP Pine Ridge Pharmacy Remodel 75H70122R00044.pdf

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

SEATTLE

SOLICITATION NUMBER: 75H70122R00044

USP 797/800 Pine Ridge Pharmacy Remodel Construction Project Project Number # GP20PR074H6

PROPOSAL DUE DATE: Tuesday, July 26, 2022 at 2:00PM PDT SITE VISIT: Thursday, June 30, 2022 at 10:00 AM MST

PROJECT TABLE OF CONTENTS:

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

(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

75H70122R00044

Indian Health Service Division of Engineering Services - DES Seattle 701 5th Ave, Suite 1650 Seattle, WA 98104

This is a total small business set-aside competition with a preference given to Indian Economic Enterprises (IEE).

TITLE: USP 797/800 Pine Ridge Pharmacy Remodel Construction Project

ESTIMATED MAGNITUDE OF CONSTRUCTION (APR 1985) (FAR 36.204): The estimated magnitude of the proposed construction is between $1,000,000 and $5,000,000.

PERFORMANCE PERIOD: The performance period for this contract is 365 calendar days from issuance of the Notice to Proceed (NTP).

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

Same as Block 7.

Taylor Kanthack taylor.kanthack@ihs.gov 206-615-2805

GP20PR074H6

2 6606/21/2022

07/26/2022

2:00PM PST

52.211-10

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

B.4

Same as Block 7.

Jennifer J. Scroggins

LUMP SUM TOTAL $________________.

Solicitation Number: 75H70122R00044 USP 797/800 Pine Ridge Pharmacy Remodel Construction Project (GP20PR074H6)

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. CONSIDERATION

The contractor shall furnish all labor, equipment, materials, supplies, supervision, and transportation necessary for the Pine Ridge Pharmacy Remodel Construction Project in accordance with the attached Scope of Work, specifications, technical provisions, drawings, or notes attached hereto.

B.2. CONTRACT PRICING

Schedule of Prices

CLIN

Item Numbers

Description Quantity Unit Unit Price Amount

0001 Provide a Firm-Fixed-Price for all supervision, labor, materials, equipment and associated costs with the plans, specifications, and all other RFP documents related to the construction of the Pine Ridge Pharmacy Remodel.

LS

0002 -

OPTION

2 new automatic transfer switches (ATS 6 & 7), transformer (TDSL), and panel (DSL) – refer to SOW, Section 2

1 LS $

Total CLIN 0001 and Optional CLIN 0002

NOTES:

As a reminder, all offerors are responsible for allowing for all applicable state, local and tribal (where applicable) taxes and fees within their bids and to perform their own due diligence in ascertaining them. The Contractor is responsible to pay all applicable Tribal fees and/or 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.3 Incidental Payment Items – The intent of the contract is to provide for the complete work of the project described in the contract. Unless otherwise provided, the contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies, taxes and fees requirements and perform all work required to complete the project in accordance with the drawings, specifications, and provisions of the contract. Payment for contract work will be made for and under those pay items included in the Schedule of Items (which is one lump sum price for the contract). All other work and materials will be considered as incidental to and included in the payment for items shown.

B.4 SF1442, Block 24: Invoices for payment shall be sent to the COR (will be provided at award) and Contracting Officer via email and reviewed and signed by the COR (signature) prior to submission to the Contracting Officer.

The signed payment invoice shall be sent via e-mail to IHS Contracting Officer for final approval.

B.5. Pricing Data Submission: In accordance with FAR 15.403-3(a)(1)(i), Requiring Data Other Than Certified Cost or Pricing, the Contracting Officer reserves the right to request pricing data be submitted with proposals to show the breakdown of costs for the above CLINs. The price breakdown attachment located in Section J (Attachment J10) shall be submitted with your proposal. Failure to complete and submit the price breakdown attachment could result in disqualification from award. This requested information is so that the Contracting Officer can make the determination of a fair and reasonable price.

B.6. Disclosure of the Magnitude: In accordance with FAR 36.204, this project is estimated to be between $1,000,000 and $5,000,000.

B.7. 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. See Section J, Attachment J04, Wage Determination(s) included as part of this solicitation.

B.8 Invoice Clarification: HHSAR 352.232-71, Electronic Submission of Payment Requests (Mar 2022) has been added by reference in Section I. However, please follow instructions for submitting invoices by email in Paragraph B.4 until otherwise directed.

B.9 OPTIONS: The Government will evaluate the optional CLIN 0002 in accordance with FAR Clause 52.217-5 Evaluation of Options. Optional CLIN 0002 may or may not be awarded and may be exercised within 60 days from date of notice to proceed. The Government may or may not exercise CLIN 0002 in accordance with FAR Clause 52.217-7 Option for Increased Quantity – Separately Priced Line Item. The Optional CLIN 0002 shall include all applicable OH/profit/taxes/fees/bonding.

IMPORTANT INFORMATION:

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

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

END OF SECTION

SECTION C – STATEMENT OF WORK

USP 797/800 Pharmacy Remodel Construction Project

Pine Ridge Service Unit Pine Ridge, South Dakota

1. Project Description

A. Title: USP 797/800 Pharmacy Remodel Construction Project

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

C. Period of Performance: 365 calendar days from Notice to Proceed.

D. Description: The project defined within this Scope of Work is the remodel of the existing Pharmacy and ensuring the new constructed Pharmacy meets the latest USP 797 & 800 requirements.

E. Background: Construction drawings and specifications have been created in order to demolish the existing Inpatient and Outpatient Pharmacies and construct new pharmacy spaces that meet the latest USP 797 and 800 requirements.

The Pine Ridge Hospital Inpatient and Outpatient Pharmacies must remain operational throughout the duration of construction and may not be 100% shut down at any time without advanced notice and coordinated scheduling with the Facility Manager, CO, COR, and the PM. There is a phasing plan shown on the construction drawings and specifications but final phasing shall be closely coordinated with all IHS staff.

In the event any Pharmacy systems must be shut down any time for any reason, contractor will be required to conduct shut down and work outside the normal business hours of 8 AM – 5 PM MST.

Contractor shall plan to work on premium time outside normal business hours or weekends, and bid work accordingly if it is anticipated that the Inpatient or Outpatient Pharmacy will need to be shut down anytime for any reason. The contractor(s) will be required to submit a detailed shut down schedule for any and all shut down periods. All contractors will be required to work around the hospital staff and operations for coordination and scheduling of any shut down periods.

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

Any required permits and ILSMs will be provided to the Contractor following award of the task order.

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

All contractors shall enter the hospital from the back-parking lot, near the loading dock, and through the double doors. All contractors will be required to pass a daily Covid check and will be required to wear a mask inside the hospital throughout the duration of construction. All contractors will be required to sign the daily work log located in the maintenance shop before starting work. No contractors will be allowed to start work without passing the Covid check and signing into the daily work log.

F. Related Documents

a. This SOW, design drawings, construction specifications, and any other contract documents issued by the Contracting Officer are considered a part of this contract.

G. Common Acronyms or Definitions

a. IHS – Indian Health Service

b. CA – Construction Administration

c. CMS – Centers for Medicare & Medicaid Services

d. DES – Department of Engineering Services

e. DFM – Department of Facilities Management

f. JCR – Joint Commission Resources

g. PCRA – Pre-Construction Risk Assessment

h. ICRA – Infection Control Risk Assessment

i. CO – Contracting Officer

j. COR – Contracting Officer’s Representative

k. PM – Project Manager

l. IGCE – Independent Government Cost Estimate

m. IGE – Independent Government Estimate

n. ILSM – Interim Life Safety Measure

o. ASI – Architect’s Supplemental Instruction(s)

p. RFI – Request for Information

q. MOD – Modification (to contract and only through CO approval)

2. Scope of Work. (SOW)

The primary scope of work will be to demolish and replace the existing Inpatient and Outpatient Pharmacy spaces. All work shall be completed according to the contract documents issued by the CO, this statement of work, the design drawings, and construction specifications created by the consultant.

Refer to Attachment J02 for full Specifications. Below is additional information regarding Optional CLIN 0002, based on RFIs received, pertaining to 2 new automatic transfer switches (ATS 6 & 7), transformer (TDSL), and panel (DSL).

The contractor will be required to install separate temporary electrical meters on 2 different existing electrical panels as a part of this contract. Existing panels CLC1 and CLE1 shall each have their own electrical meter installed. Each meter shall measure the highest average KW reached and maintained for a 15 minute interval per NEC 220.87. Each meter shall be separate and each 15 minute interval shall be captured either through the building automation system or by a similar means where the highest average panel KW is recorded, logged, printed, and/or graphed via Excel or by a similar means or mechanism. Each meter shall capture 30 days of continuous data at a minimum. All final logged data shall be submitted to the electrical engineer of record and the COR for this project and as a part of this contract for review (required submittal). This work shall be completed to start the contract or as soon as possible after contract is awarded and after issuance of notice to proceed have been issued from the CO.

The electrical engineer of record shall review all panel electrical data from each newly installed meter. If the electrical engineer of record deems that the existing electrical panels are not overloaded per NEC requirements then the Optional CLIN 0002 will be exercised as a part of this contract.

OPTIONAL CLIN 0002:

The base award will include providing 2 new automatic transfer switches (ATS 6 & 7), transformer (TDSL), and panel (DSL) for the new pharmacy remodel project. If the electrical engineer of record and COR approve the data submittal stated above, then the Optional CLIN 0002 will be exercised and the contractor can use the Optional CLIN 0002 (states “deduct alternate”) riser diagram on drawing sheet 2/E-501 for the project.

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

A. Construction Materials and Storage

All materials and equipment shall be submitted for review and approval to the architect or engineer of record first, then to the COR/PM for final approval. The contractor(s) shall be present and on site to receive all construction material, equipment, or products. IHS staff will not be present, responsible, nor receive, or provide any type of offloading equipment for construction materials, products, or equipment. It is solely the contractor(s) responsibility to properly receive any and all construction equipment, products, and materials on site.

The contractor(s) shall provide their own means of storing any and all construction materials, products, or equipment required for installation. IHS staff will not be responsible or provide any means of storing construction material, products, or equipment before or during construction. All material, products, or equipment remain the contractor(s) property until the project has been deemed substantially completed by all parties.

B. Warranty

In addition to the warrantees laid out in the specifications, the contractor shall provide a one-year warranty on all parts and labor for the new pharmacy spaces. This includes but not limited to, all material, equipment, finishes, hardware, windows, flooring, doors, etc. The one-year warranty starts at beneficial occupancy or the end of substantial completion. A final and official beneficial occupancy or substantial completion form shall be submitted to the government and signed by the contractor and government that shows warranty start dates for all material, equipment, building systems, and remodeled spaces.

C. Safety and Security

Submit a Safety Plan according to the Contracting Officers contract documents. Provide all necessary materials and labor to secure work site surroundings and insure a safe working environment. Traffic management will be the responsibility of the contractor and will include all necessary personnel, safety flags, cones, barriers, signs, etc. OSHA regulations shall be adhered to for all aspects of this project.

The contractor shall submit a Safety Plan for approval. The hospital’s Safety Officer shall review the safety plan.

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

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

D. Staging Area

Prior to mobilizing, the contractor, COR/PM, and Facility Manager shall agree upon a staging area. This shall be accomplished with keeping patient and staff safety in mind as well as minimizing construction noise, dirt, debris, and dust. The staging area may not be adjacent to the project site but, every effort will be made to find adequate space nearby, but may be more than one area combined.

E. Waste Management & Clean Up

The contractor(s) shall restore all areas disturbed by construction to a condition at least equal to that existing, prior to construction and shall minimize noise and disruption to the function of the Service Unit during construction.

The contractor(s) shall dispose of all excess construction materials, equipment, tools, waste, and rubbish into proper containment mechanisms. Contractor(s) shall provide their own containment mechanisms at their own expense and in properly designated areas. Contractor(s) shall coordinate closely with the Facility Manager, COR, and PM for designated areas. IHS staff will not provide any containment mechanisms for disposing any construction materials, equipment, tools, waste, or rubbish. For additional disposal information please contact the Solid Waste Coordinator, Oglala Sioux Tribe.

F. Site Restoration

The construction site shall be free of any materials, debris, and/or rubbish. The contractor will be responsible for the removal of this debris and must restore any property outside the construction limits on the plans, to its original condition as approved by the COR and/or CO. Photos are to be taken before construction begins for documentation the sites original condition by the contractor.

3. Period of Performance

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

B. The Work will be substantial complete within Three Hundred Sixty-Five (365) calendar days after the date of Notice to Proceed.

4. Submittals

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

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

5. Schedule/Meetings

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

B. Pre-Construction Meeting: At least one Pre-Construction meeting shall be conducted prior to the start of the construction of the contract. All PCRA/ICRA paperwork, permitting, and ILSMs shall be completed, signed, and ready for posting in work area before starting any work. Final phasing according to the contract documents shall be discussed and a final phasing plan shall be provided by the contractor to the government if it deviates from the existing phasing plans shown in the final construction drawings and specifications.

C. Progress Meetings: Progress meetings shall be conducted at regular intervals as merited by the progress of the work, but no less than every other week.

D. Substantial Completion: One substantial completion meeting shall be held following notification of the Project Officer by the General Contractor that the project is Substantially Complete. Substantial completion means the project is fit for its intended use, with only minor lingering details to finish.

When a project is substantially complete, the owner can occupy and use the facility to its full capacity.

An official substantial completion document shall be completed and signed by the contractor and the government.

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

6. Miscellaneous

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

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

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

1. Date

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

3. Name of those who were sent copies.

D. Superintendent

The prime contractor shall have an onsite superintendent for this project while any and all work is being performed unless prior approval is granted from the COR. The superintendent shall have a minimum of 10 years of construction experience, comparable to this project and 5 years’ experience as a Superintendent. Submit for approval, the proposed Superintendent with full resume, to the COR prior to Notice to Proceed.

E. Redlines and As-built Drawings

The prime contractor is responsible for maintaining an accurate set of as-built drawings during the time of construction. This includes all disciplines and all drawing pages. The set shall be maintained on sight and be bound in one continuous copy and labeled on the front title page as “Official Redline As-Builts”.

The set shall be submitted to all architects and engineers of record and all changes shall be reflected in the final BIM and drawing set electronically. The physical copy shall ultimately be given to the COR as a part of the final closeout documentation.

A final as-built PDF drawing set and as-built BIM shall also be created and submitted electronically to the COR/PM. Also, a full-size physical set of as-built drawings shall be printed and given to the COR/PM. The new as-built BIM, PDF, and physical drawing set shall all be a part of the final closeout documentation to complete the project. The PDF and physical drawing set shall be signed and dated by the prime contractor’s Project Manager and Superintendent as final redline set and proof of approval.

8. Closeout Documents

The Contractor shall submit one hard copy set of all final as built drawings, originally approved submittal items, material/equipment cut sheets, and all installation/operation/maintenance documents to the COR for approval. These shall be in delivered in labeled 3-ring binders. The final installed submittal package and O&M shall also be sent electronically to the COR. The final electronic package should also include an as-built BIM (.rvt) files for all trades and disciplines as well as a final as-built drawing set in PDF. In addition, submit final redline as-builts per section 6.K above.

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 COR.

SECTION E

INSPECTION AND ACCEPTANCE

E.1. 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.

E.2. 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

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 52.242-14 Suspension of Work Apr 1984

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

The Contractor shall be required to

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

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 365 calendar days after the date the contractor receives the notice to proceed. The time state for completion shall include final cleanup of the premises.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1. CONTRACTING OFFICER

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

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

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

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

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

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

G.3. ADDRESS FOR CORRESPONDENCE

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

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

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

G.4 PAYMENT PROCESS

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

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

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

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

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

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

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

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

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

e.g., deficient work items, as-built, payrolls, reports, O&M manuals, delivery of extra stock material, etc.

G.5. PAYMENT FOR MATERIALS STORED ON SITE

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

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

(1) The contractor shall furnish the contracting officer a list of the major high-cost items to be incorporated into the contract and for which payment, prior to installation, will be requested.

Those items approved by the contracting officer will be entered on the Schedule of Values, as a percentage factor, or factors if items are listed individually.

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

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

(i) Certified paid vendor invoices

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

(iii) Accepted delivery tickets, if applicable.

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

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

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

G.6. INVOICE REQUIREMENTS

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

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

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

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

(4) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

(b) The Designated Billing Office for this contract is the same as the address for correspondence, sent to the attention of the CO. Invoices that have been verified as correct by the COR and shall be emailed to the CO, unless otherwise instructed by the CO. The signed payment invoice shall be sent via e-mail to the IHS Contracting Officer.

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

(d) The final invoice must be marked “Final” and be accompanied by a Release of Claims form, which lists the final payment as outstanding, in the Remarks field. The Release of Claims form is available from the CO.

Final payment will be made within 30 Calendar days upon receipt of a properly executed invoice.

(e) The contractor will contact the Designated Billing Office with any payment issues or concerns.

Note: In accordance with FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) -- Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. This applies to all small business subcontractors at all tier levels.

G.7. CERTIFICATION OF PAYMENTS - RELEASE OF CLAIM

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

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

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

G.8. EVALUATION OF CONTRACTOR PERFORMANCE

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

(a) Contractors will be sent an email notice to review and comment, if appropriate, on the performance evaluations. Contractor MUST be registered at the website Contractor Performance Assessment Reporting System in order to receive these evaluations. Contractor must register at https://www.cpars.gov/index.htm A contractor point of contact (POC), to receive notification of performance evaluations, shall be identified at time of award of the basic contract. The POC must maintain a current email address on file with the Contracting Officer. In lieu of a contract POC, contractors may provide task order specific individuals to receive this information. Contracting Officers shall be notified at the task order pre-construction meeting of any changes.

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

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 SUBCONTRACTS

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

(b) 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) 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.2. SUBCONTRACTING

(a) 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.

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

(c) 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.

(d) 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.

(e) Within ten (10) days after contract award, the contractor shall furnish to the Contracting Officer in writing a list of all subcontractors scheduled to perform work under the contract on Form SF-1413.

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

H.3. WORK HOURS

Normal business hours are 6:00 AM – 6:00 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.4. 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.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 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…