B01 RFP Tsoo-Yess Water Water Wells.pdf

75H70122R00057 Tsoo-Yess Water

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

Solicitation Number: 75H70122R00057

Tsoo‐Yess Water Wells

ISSUE DATE: 07/07/2022

SITE VISIT: SEE FAR 52.236-27(PDF page 42)

PROPOSAL DUE DATE:

08/08/2022, 2:00PM PACIFIC

75H70122R00057 Tsoo-Yess Water

PROJECT TABLE OF CONTENTS:

Section Taxonomy

Section A Standard Form 1442, Solicitation, Offer, and Award

Section B Schedule of Items / Price Schedule

Section C Description and Specification (Statement of Work)

Section D Packaging and Markings

Section E Inspection and Acceptance

Section F Deliveries or Performance

Section G Contract Administration Data

Section H Special Contract Requirements

Section I Contract Clauses

Section J List of Documents, Exhibits

Section K Representations and Certifications

Section L Instruction, Conditions and Notices

Section M Evaluation Factors for Award

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 NUMBER4. CONTRACT NUMBER

7. ISSUED BY

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

75H70122R00057

Indian Health Service (IHS) Division of Engineering Services (DES) - Seattle 701 5th Ave, Suite 1650 Seattle, WA 98104 daniel.cotto@ihs.gov; Andrew.Hart@ihs.gov

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

This RFQ is being issued as 100% Small Business Set-Aside under NAICS 237110 Water and Sewer Line Related Structures Construction. The Size Standard is $39.5 million.

TITLE: Tsoo-Yess Water Wells

ESTIMATED MAGNITUDE OF CONSTRUCTION (APR 1985) (FAR 36.204): The estimated magnitude of the proposed construction is between $250,000.00 - $500,000.00.

PERFORMANCE PERIOD: The performance period for this contract is 120 days to complete. from issuance of the Notice to Proceed (NTP).

SITE VISIT: See FAR 52.236-27 Site Visit Section L on page 42 for details.

Proposals are due no later than 08/08/2022, 5:00 PM EST via email to daniel.cotto@ihs.gov and Andrew.Hart@ihs.gov.

8. ADDRESS OFFER TO

Indian Health Service (IHS) Division of Engineering Services (DES) - Seattle 701 5th Ave, Suite 1650 Seattle, WA 98104 daniel.cotto@ihs.gov; Andrew.Hart@ihs.gov

Daniel Cotto, daniel.cotto@ihs.gov 206-615-2790

PO-17-M30

3 of 5007/07/2022

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

Price Schedule: Tsoo-Yess Water Wels

Item Description Qty Unit Unit Cost Total Cost

1 Mobilization and Demobilization 1 LS

Well Drilling for 12-inch Casing (Two Wells estimated at 150 deep) 300 FT

3 Well Casing 12-inch 280 FT

4 Stainless Steel Screen Assembly, 8-inch 299800 30 FT

5 Gravel Pack 60 FT

6 Well Casing, 8-inch 80 FT

7 Sanitary Grout 50 FT

8 Mechanical Well Development 16 HR

9 Authorized Rig Work 32 HR

10 Authorized Stand-by/Shop Time 32 HR

11 Test Pumping 64 HR

12 Water Analysis 2 EA

13 Temporary Well Cap 2 EA

14 Video Survey 2 EA

Total

SECTION B

SUPPLIES OR SERVICES AND PRICE/COSTS

NOTES :

- Price Schedule .

Quantities . Price Schedule includes items that are priced by the unit (LF, HR, etc.), these are not-to-exceed quantities.

Unit Prices . The stated unit prices are fully-loaded.

Total Prices . The stated total prices are the "price ceiling" that shall not be exceeded without prior approval from the Contracting Officer.

The solicitation includes the provision 52.216-29 Time-and-Materials/Labor-Hour Proposal Requirements—Other Than Commercial Acquisition With Adequate Price Competition.

- As a reminder, all offerors are responsible for allowing for all applicable state, local and tribal (where applicable) taxes and fees within their offer 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 account for these fees or the appropriate impacts will not constitute a request for an equitable adjustment to the contract price.

B.1 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.2. Estimated Quantities : Estimated quantities are provided in the price schedule for evaluation purposes only. The Government is not obligated to order the estimated amounts specified in the schedule. The estimates provided do not establish any minimum purchase limit for which the Government is obligated. The contractor shall not furnish quantities in excess of the specified amount without prior written consent from the Contracting Officer.

B.3. Wage Determination : Davis-Bacon wages shall be paid for all applicable labor categories for each price schedule line item and should be included in all pricing in accordance with FAR 52.222-6, Construction Wage Rate Requirements. The applicable Wage Determinations are included in Section J, Attachments 5 and 6.

B.4 Invoices : Invoices for payment shall be sent to the COR and Contracting Officer 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.

IMPORTANT INFORMATION :

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

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

B.5. TERO : TERO is applicable. The Makah Indian Tribe TERO representative is:

Rose Jimmicum, TERO Compliance Coordinator I P.O. Box 115 Neah Bay WA, 98357

PH: (360) 645-3101,

FAX: (360) 645-2127,

rosalee.jimmicum@makah.com

END OF SECTION

mailto:rosalee.jimmicum@makah.com

Section C Statement of Work Refer to Attachment 1 SOW-Specificacions Tsoo-Yess Well.

End of Section

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 onsite 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 order.

E.2. Provisions Incorporated by Reference :

52.246-12 Inspection of Construction. (Aug 1996)

Section F. Deliveries Of Performance F.1. SUPERINTENDENT ON SITE . The contractor shall ensure that the Project Superintendent is on site at all times work is being performed by the contractor or subcontractor(s). They shall directly oversee all apprentice and subcontractor work. The Project Superintendent is also responsible to ensure all labor and safety requirements are complied with; and ensure that the worksite is cleaned up at the end of each work day.

All communications between the IHS and contractor concerning the day-to-day workmanship on the project will be handled through the Project Superintendent and they MUST have the authority to act on behalf of the Contractor in all contractual matters.

F.2. REMOVAL OF PERSONNEL . The Contracting Officer may require the contractor to remove from the job any employee who endanger persons or property; those who manufacture, distribute, dispense, possess or use controlled substances at the worksite (FAR 52.223-6, Drug-Free Workplace); and those whose continued employment under this contract is inconsistent with the interest of security or for any and all other reasons as determined by the Contracting Officer as objectionable.

F.3. Provisions Incorporated by Reference :

52.242-14 Suspension of Work. (Apr 1984)

F.4. Provisions incorporated in full text .

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 .* The time stated for completion shall include final cleanup of the premises.

(End of clause)

Section G Contract Administration Data G.1. Contracting Officer’s Authority . The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

G.2. Contracting Officer’s Representative .

(a) [TO BE ASSIGNED BY SEPARATE LETTER AT CONTRACT AWARD] is hereby designated as the Contracting Officer’s Representative (COR). The COR may be changed at any time by the Government without prior notice to the Contractor by a unilateral modification to the contract. The COR is located at: see separate letter at contract award

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the Contractor.

G.3. CERTIFICATION OF PAYMENTS – RELEASE OF CLAIMS (ROC)

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.4. Invoice Requirements

(a) Invoices must be prepared and submitted and will be paid in accordance with the following FAR clauses:

52.232-5 Payments under Fixed-Price Construction Contracts. (May 2014) 52.232-27 Prompt Payment for Construction Contracts. (Jan 2017) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) HHSAR 352.232-71 Electronic submission of payment requests (TBD) (In full text below with note.)

(b) The Designated Billing Office for this contract is the same as the address for correspondence, sent to the attention of the Contracting Officer. Invoices for payment shall be sent via email to the COR and CO for processing and approval.

(c) Progress payments are not authorized for this project.

(d) The final invoice must be marked “Final” and be accompanied by a Release of Claims form, which states 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.

G.5. Address For Correspondence It is the intent of the Government to use electronic means as much as possible while administering this contract. Correspondence must be sent via email directly to the Contracting Specialist and the COR.

G.6. Identification Of Contractor Employees Identification (ID) Badges. The contractor shall provide each employee with an ID badge on contract start date or on employment start date. The ID badge shall be made of non-metallic material. The badge shall be easily readable and include the employee's name, the contractor's name, functional area of assignment, and a color photograph. The Contracting Officer or their designee will approve the ID badge template before the contract start date.

Display of ID Badges. Contractor personnel shall wear the ID badge at all times when performing work under this contract on site and when attending Government meetings and conferences off-site. Unless otherwise specified, each contractor employee shall wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit such placement.

Utilizing Electronic Mail (e-mail). When prime contractor or subcontractor personnel send e-mail messages as part of contract performance or otherwise relating to contract matters, each sender shall include his/her name (both first and last names), e-mail address and the name of the individual’s employer.

G.7. Test Results The contractor must submit all results of test(s) required by the contract to the COR/Project Manager for review.

G.8. Permits And Certificates The contractor must submit a copy of all permits and certificates as required by the contract to the COR/Project Manager.

HHSAR 352.232-71 Electronic submission of payment requests Electronic Submission of Payment Requests (DATE TBD)

(a) Definitions. As used in this clause—

(1) “ Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

(End of Clause) Note : Unless further changes are required, the Department of Health and Human Services shall notify the Contractor of the effective date of the clause at HHSAR 352.232-71 Electronic Submission of Payment Requests by providing written notice to the Contractor within thirty (30) days of implementing the HHS Electronic Invoicing Implementation Project (E-Invoicing) and within thirty (30) days of the anticipated finalization of the clause at HHSAR 352.232-71 Electronic Submission of Payment Requests, via public special notice issued through the SAM.gov portal. However, for purposes of this award or modification, the effective date shall be the date signed by the parties.

Please contact the HHS Office of Acquisition Policy with any questions at OAP@hhs.gov .

mailto:OAP@hhs.gov

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.

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 as an excluded party within the System for Award Management (SAM) 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://www.sam.gov/SAM/

(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 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. STANDARD REFERENCES

(a) Any materials, equipment, or workmanship specified by reference to the number, symbol, or title of any specific standard shall comply with the latest edition or revision thereof, and any amendment or supplement thereto, in effect on the date of the solicitation, except as limited to type, class or grade, or modified in the specifications.

(b) Standards referred to in the plans and specifications, except as modified, shall have full force and effect as though printed in the plans and specifications.

(c) The contractor shall maintain on the site, a complete current set of manufacturers’ and standards referenced from work under the contract.

H.4. WORK HOURS AND ACTIVE GOVERNMENT OPERATIONS

Normal work days and hours are Monday through Friday, 7:00 am to 5:00pm excluding federal holidays for occupied facilities and no set times or days for unoccupied spaces. The contractor shall notify the COR a minimum of 72 hours in advance of arriving on site to complete work and check in with the COR upon arrival. A minimum of 48 hours of advance notice is required for special requests to work outside of normal work hours.

H.5. MATERIALS ON SITE

Unless otherwise provided in the specifications or drawings, materials removed and not reused under the contract shall become the property of the contractor. The contractor shall remove the materials from the work site. Storage or sale of the materials on the site will not be permitted.

H.6. OPERATION AND STORAGE AREAS

Reference FAR 52.236-10 Operations and Storage Areas. The contractor shall coordinate its operations and storage with the COR.

H.7. ACCIDENT PREVENTION

Reference FAR 52.236-13 Accident Prevention. The contractor shall submit for approval a written Safety and Accident Prevention Plan showing how they will comply with FAR 52-236-13.

The contractor shall also designate in writing the individual who is responsible for identifying and correcting safety hazards or violations on the job site.

H.8. AVAILABILITY OF UTILITY SERVICES

Reference FAR 52.236-14 Availability and Use of Utility Services. The Government anticipates that the proposed work will place a small demand on available utility services and therefore will not charge the contractor for their use.

H.9. PRECONSTRUCTION CONFERENCE

Reference FAR 52.236-26 Preconstruction Conference. The Contracting Officer will conduct a preconstruction conference. Location is TBD upon award, but will most likely be at the site. The Contracting Officer, COR, and contractor are required to participate. The Contracting Officer may designate required attendance for subcontractors. The Contracting Officer and COR may attend the conference via conference or video call.

H.10. TRUCKING

(a) All trucks, bringing to or removing from the site, earth, loose materials, or debris shall be loaded in a manner to prevent dropping of materials on streets.

(b) At all points, where trucks leave the project site and enter adjacent paved streets, the contractor shall maintain an installation and crew to prevent any mud from being carried onto such adjacent paved streets.

(c) Earth, loose materials, or debris deposited on the streets due to contract trucking activities shall be removed daily.

H.11. SALVAGE

The Government does not assume responsibility for any loss or damage to materials removed and not reused under the contract that become the property of the contractor.

H.12. NEW WORK

Unless otherwise noted on drawings or specified, new work in extension of existing conditions shall correspond in all respects to similar existing conditions, in material, workmanship and finish.

H.13. EXISTING WORK

(a) Existing work shall be cut, drilled, altered, removed or temporarily removed and replaced for performance of work under the contract. Work replaced shall match similar existing work.

Structural members shall not be cut or altered, except as shown, without authorization of the Contracting Officer. Work remaining in place damaged or defaced during this contract shall be restored to the condition at time of award of contract.

(b) Discolored or unfinished surfaces exposed by removal of existing work and indicated to be the final exposed surfaces shall be refinished or the material shall be replaced to be uniform and harmonious with contiguous work. Work out of alignment, where exposed by removal of existing work, shall be called to the Contracting Officer’s attention. Corrective work, directed by the Contracting Officer will be subject to adjustment of the contract in accordance with FAR 52.236 2, “Differing Site Conditions.”

H.14. WARRANTY OF CONSTRUCTION

Reference FAR 52.246-21 Warranty of Construction. All warranties the contractor receives from subcontractors, manufacturers and suppliers shall be executed in writing for the benefit of the Government. The contractor shall provide the COR with copies of all warranties obtained.

H.15. AS BUILT DRAWINGS

The contractor shall maintain during the progress of the work one (1) set of completed and up to date blue line drawings, which shall be available for inspection by the Contracting Officer at any time. These drawings shall be marked up to record all changes in the work as they occur, and the exact location of all exposed and concealed pipe runs, valves, plugged outlets, cleanouts and other control points including, but not limited to, electrical conduits, and ducts, mechanical valves, shut-off switches, etc., in such a manner as will provide a complete, accurate as built record. The location of pipes or control points concealed underground, under concrete, in chases or above hung ceilings shall be dimensioned. In progress as-built documentation will be reviewed with each progress payment request as a required element. The completed set of as built paper reproducible drawings shall be delivered to the Contracting Officer, in a condition satisfactory to him. As built shall be submitted for review/approval as a condition precedent to the request for final inspection of the work.

H.16. EQUITABLE ADJUSTMENTS DUE TO CHANGES

(a) The contractor shall submit a proposal for all changes in the work within 15 days from the effective date of the change order or request for proposal. With each proposal for a change involving an increase or decrease in the amount of the contract, the contractor shall submit separately an itemized breakdown that will include, but not be limited to, the following:

(1) Material quantities and unit price (separated into trades)

(2) Labor costs (separate into labor classifications and hourly rates)

(3) Construction equipment

(4) Workmen’s compensation

(5) Overhead

(6) Profit

(7) Employment taxes under FICA, FUTA and SUTA

(8) Bond (prime contractor only)

(9) Sales Tax

(10) Direct Performance Time of Change

(11) Impact on Schedule, if any

(12) Impact Costs, if any

(b) In considering proposals for changes involving added work, omitted work, or any combination thereof, estimates will be checked in detail by the Contracting Officer, utilizing unit prices where specified or agreed upon, with the view of arriving at equitable adjustments.

(c) When the necessity to proceed with a change does not allow sufficient time to properly check a proposal, or because of failure to reach an agreement, the Contracting Officer may direct the contractor to proceed immediately with the work.

(d) Proposals and breakdown should be submitted as promptly as possible but in no event later than 30 days.

(e) Should a proposal cost exceed the certified cost or pricing data threshold or is required for a lesser amount at the direction of the Contracting Officer for a change, certified cost or pricing data should be submitted in a format which satisfies the requirements of FAR 15.4. When certified cost or pricing data are required, the Contractor shall submit an executed Certificate of Current Cost or Pricing Data (FAR 15.406-2) as soon as practicable after price agreement is reached.

(f) Allowable overhead, profit, and percentages are given below. These percentages shall be limited to three tiers only and shall be considered to include, but not limited to, all insurance other than FICA, FUTA, SUTA and Workmen’s Compensation, field and office supervisors, assistants, and clerical personnel, use of small tools, incidental job burdens, and general office expense. Incidental job burdens include, but are not limited to, review and coordination, and estimating and expediting relative to contract changes that are associated with field and office supervision.

No percentages for overhead and profit shall be allowed on FICA, FUTA, or SUTA.

The percentages of overhead to be allowed by the Contracting Officer will be 10% for all contract changes performed by the Prime Contractor personnel and 5% for all contract change work performed by subcontractor personnel.

The percentage for profit to be allowed by IHS will vary according to the nature, risk, extent, and complexity of work involved, but in no case shall exceed 10%. Percentages for overhead and profit will be as follows:

Overhead Profit

To subcontractors and/or to the contractor for work performed with its own forces

10% 1% - 10%

To subcontractors and/or to the Contractor on work performed by other than its own forces:

5% 1% - 5%

The percentage of profit is to be negotiated. The burden is on the Contractor to propose and justify to the Government the percentage of profit to be paid on each modification to the contract.

On proposals involving both increases and decreases in the amount of the contract, overhead and profit will be allowed on the net increases only. On net decreases, corresponding overhead and profit will be deducted.

(g) Time Extension: when the contractor submits a change proposal without including a corresponding Time Impact Analysis meeting the requirements of the pertinent Specification Section, the Contractor acknowledges that the particular change order, modifications, delay or contract request does not require an extension of the contract time (or milestone) and the Contractor shall not thereafter be entitled to request or receive any such extension(s).

(h) Delay and Impact Costs: Any proposal for delay and impact costs that is not submitted within 60 days after completion of the work identified in the change will not be considered. This requirement is in addition to the scheduling updates required for construction of the project. If there are circumstances which prevent the Contractor from ascertaining delay for impact during this time, a status update, including but not limited to a critical path analysis, shall be submitted within this time and at 60 day intervals thereafter, explaining why the Contractor cannot yet know the extent of the impact. If this is not done, a claim for delay will not be considered unless special circumstances are shown. This requirement is necessary to enable the Government to respond to any claims for delay in light of conditions then current.

H.17. 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:

1. 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 commingled 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.

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

3. 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.18. EMPLOYEE APPEARANCE

The contractor must ensure that all employees present a professional appearance that is appropriate for their position. The Contracting Officer reserves the right to determine the acceptability of any clothing worn. All contractor/subcontractor employees working under this contract must be identified by a distinctive nameplate, emblem, or patch attached in a prominent place on an outer garment.

H.19. REMOVAL OF EMPLOYEES/SUBCONTRACTORS

All work under this contract must be performed in a skillful and workmanlike manner. The Contracting Officer may require in writing that the contractor immediately remove from the work site any employee of the contractor, and employee of the subcontractor, or the subcontractor, if the Contracting Officer deems that a person or company is incompetent, careless, or otherwise objectionable. The use of, or possession of any alcohol or illegal drugs, is cause for immediate removal from the project.

H.20. CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE

(a) The contractor assumes responsibility for all damage or injury to persons or property occasioned through the use, maintenance, and operation of the contractor’s vehicles or other equipment by, or the action of, the contractor or the contractor’s employees and agents. The contractor assumes responsibility for any and all damage and/or injury to persons or property resulting from any action of prime contractor and subcontractor employees (at any tier).

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

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

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

H.21. CONTRACTOR EMPLOYEE SECURITY CLEARANCE RESPONSIBILITIES

The contractor, at his discretion, is responsible for completing investigations and background checks for all employees, including sub- contractors and their employees that perform work under this contract on the job site. The contractor is responsible for any and all actions of prime contractor and subcontractor employees (at any tier) permitted physical access to the job site during the performance of work under this contract. The contractor is responsible to ensure all employees’ access is limited to authorized work zones.

H.22. PHYSICAL BARRIER AND ACCESS CONTROL

(a) Subject to prior submission and approval of the IHS, the Contractor shall install or construct a physical barrier between the construction activity/work zone and ongoing hospital/clinic operations. The barrier shall be installed prior to the commencement of all other work and shall control the access of all Contractor personnel to the approved construction activity/work zone.

The Contractor must further prohibit all Contractor personnel authorized to perform work under this contract from entering any area of the facility other than those areas where work is being performed and is cordoned off from facility operations. The barrier shall be removed upon completion of all work and as approved by the IHS.

(b) Failure to adhere to this requirement may result in permanent removal of the Contractor employee found to be outside of the approved construction activity/work zone. Repeated failure to adhere to this requirement may result in termination of this contract for default in accordance with FAR 52.249-10.

H.23. CONTRACTOR DAILY REPORT

(a) The Contractor shall prepare and file a "Contractor's Daily Report", for each work day of contract performance for this contract.

(b) The daily reports shall be delivered not later than COB the following day via email to the Contracting Officer and the COR or other designated individuals identified by the Contracting Officer unless otherwise directed.

(c) Each daily report shall include prime contractor and subcontractor at any tier, personnel on the site, brief description of work performed, equipment on site, tests performed, weather conditions and summary of general activities of the day.

(d) Reports shall be chronologically numbered, and submitted by the designated representative of the Contractor.

H.24. INSTRUCTIONS FOR SUBMISSION OF PAYROLLS

(a) One copy of all payrolls pertaining to the work (including payrolls of all subcontractors performing work on the job) will be submitted weekly to the procurement office by the prime contractor. Each such payroll must be accompanied by a fully executed Contractor's Weekly Payroll Statement, indicating that no deductions have been made from weekly wages of employees other than those authorized. The statements must be signed by the person supervising payment. Contractor's Weekly Payroll Statement can be found on the U.S.

Department of Labor Payroll, Form WH 347.

(b) The contract number and project number must be shown on each payroll.

(c) Complete address, classification, straight time hours worked each day, total straight time hours worked in week, rate of pay, overtime hours worked each day, total overtime hours worked in week, overtime rate of pay, gross earnings, each deduction, and net pay must be shown for each employee.

(d) Employees must be classified within one of the classifications as shown on the Wage Rate Schedule of the contract. The exact classification, as shown on the Schedule which conforms to the work performed, must be shown on the payroll; that is, when a truck driver is shown, indicate type of vehicle listed in the Schedule under these headings; when a laborer is shown, indicate whether air tool operator, building, etc.; when a welder is shown, list the craft to which the welding is incidental; when an electrician is shown, list the type and zone. Whenever a foreman or superintendent is listed, show the class of workers he is supervising, such as electricians, plumbers, carpenters, etc., as his pay should be as much or more than those he supervises. Classifications not shown on the Wage Rate Schedule contained in the contract will not be accepted. In those cases in which the contractor feels that the work performed by his employees will not conform to a craft shown in the Schedule, the problem shall be presented to the Contracting Officer.

(e) All employees must be paid time and one-half their basic rate of pay for all hours worked in excess of 40 hours in any one week.

(f) The prime contractor is responsible for the correct submission of his and subcontractor payrolls. The prime contractor must submit payrolls and/or statements for each week during the life of the contract. These weeks will begin with the weeks as listed on the contract progress schedule. For any week in which no work is performed by the prime contractor, only the "CONTRACTOR'S WEEKLY PAYROLL STATEMENT" need be submitted. These payrolls and/or statements will be numbered consecutively. The prime contractor will list, on the face of his form, the names of all approved subcontractors and whether or not they worked during this period (week). If any of the subcontractors did work during the period, their payrolls and statements should accompany the prime contractor's payroll and/or statements. Each subcontractor needs to submit payrolls and statements only for those weeks in which he works, but these must be numbered consecutively.

(g) All apprentices must be registered in a bona fide apprenticeship program, registered with a State Apprentice Agency recognized by the Federal Committee on Apprenticeship, U.S.

Department of Labor. Evidence of such registration must be furnished to the procurement office prior to or together with submission of payroll on which the apprentice's name first appears. If an apprentice is employed on such a contract, and is not a registered apprentice, the contractor will be required to pay journeyman rates of the craft for which the employee was shown as apprentice. Also, the period of apprenticeship under which the employee is serving must be indicated on the payroll.

END OF SECTION

Section I Clauses I.1. FAR 52.252-2 Clauses Incorporated By Reference (Feb 1998) This contract incorporates some FAR provisions/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 two web addresses ‐ This for FAR: https://www.acquisition.gov/far and this for HHSARS:

http://www.hhs.gov/policies/hhsar

Incorporated by reference :

52.202‐1 Definitions Jun 2020 52.203‐3 Gratuities Apr 1984 52.203‐5 Covenant Against Contingent Fees May 2014 52.203‐6 Restrictions on Subcontractor Sales to the Government Jun 2020 52.203‐7 Anti‐Kickback Procedures Jun 2020 52.203‐8 Cancellation, Recession, and Recovery of Funds for Illegal or Improper Activity May

52.203‐10 Price or Fee Adjustment for Illegal or Improper Activity May 2014 52.203‐12 Limitation on Payments to Influence Certain Federal Transactions Jun 2020 52.203‐17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights Jun 2020 52.203‐19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

Jan 2017 52.204‐4 Printed or Copied Double‐Sided on Postconsumer Fiber Content Paper May 2011 52.204‐9 Personal Identity Verification of Contractor Personnel Jan 2011 52.204‐10 Reporting Executive Compensation and First‐Tier Subcontract Awards Jun 2020 52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204‐14 Service Contract Reporting Requirements Oct 2016 52.204-19 Incorporation by Reference of Representations and Certifications. (Dec 2014) 52.204‐25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment Nov 2021 52.209‐6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment Nov 2021 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (Nov 2015) 52.215‐2 Audit and Records – Negotiation Jun 2020 52.215‐8 Order of Precedence ‐‐ Uniform Contract Format Oct 1997 52.215‐10 Price Reduction for Defective Certified Cost or Pricing Data Aug 2011 52.215‐19 Notification of Ownership Changes Oct 1997 52.215‐21 Requirements for Cost or Pricing Data and Data Other Than Certified Cost or

Pricing Data ‐‐ Modifications Nov 2021 52.219-6 Notice of Total Small Business Set-Aside. (Nov 2020) 52.219‐8 Utilization of Small Business Concerns Oct 2018 52.219-28 Post-Award Small Business Program Rerepresentation. (Sep 2021) 52.222‐3 Convict Labor Jun 2003 52.222‐4 Contract Work Hours and Safety Standards‐Overtime Compensation May 2018 https://www.acquisition.gov/far http://www.hhs.gov/policies/hhsar

52.222-6 Construction Wage Rate Requirements. (Aug 2018) 52.222-7 Withholding of Funds. (May 2014) 52.222-8 Payrolls and Basic Records. (Jul 2021) 52.222-9 Apprentices and Trainees. (Jul 2005) 52.222-10 Compliance with Copeland Act Requirements. (Feb 1988) 52.222-11 Subcontracts (Labor Standards). (May 2014) 52.222-12 Contract Termination-Debarment. (May 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations.

(May 2014) 52.222-14 Disputes Concerning Labor Standards. (Feb 1988) 52.222-15 Certification of Eligibility. (May 2014) 52.222‐21 Prohibition Of Segregated Facilities Apr 2015 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction. (Feb 1999) 52.222‐26 Equal Opportunity Sep 2016 52.222‐27 Affirmative Action Compliance Requirements For Construction Apr 2015 52.222‐35 Equal Opportunity Veterans Jun 2020 52.222‐36 Equal Opportunity for Workers With Disabilities Jun 2020 52.222‐40 Notification of Employee Rights Under the National Labor Relations Dec 2010 52.222‐50 Combating Trafficking In Persons Nov 2021 52.222‐54 Employment Eligibility Verification Nov 2021 52.222‐55 Minimum Wages Under Executive Order 13658 Jan 2022 52.222‐62 Paid Sick Leave Under Executive Order 13706 Jan 2022 52.223‐5 Pollution Prevention And Right‐To‐Know Information, Alternate I May 2011 52.223-6 Drug-Free Workplace. (May 2001) 52.223‐17 Affirmative Procurement of EPA‐Designated Items in Service and Construction

Contracts Aug 2018 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (Jun 2020) 52.225‐13 Restrictions On Certain Foreign Purchases Feb 2021 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises. (Jun

2000) 52.227-1 Authorization and Consent (Jun 2020) 52.228‐2…