B01 RFP Whiteriver Hospital Construction 75H70126R00016.pdf

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

Solicitation Number: 75H70126R00016 Whiteriver Hospital Construction

SITE VISIT: 8 April 2026 at 10:00AM Arizona Time (L.5.) unless changed by Amendment

PROPOSAL DUE DATE: See 1442

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.

PROJECT TABLE OF CONTENTS:

Section Title Section A STANDARD FORM 1442, SOLICITATION, OFFER, AND AWARD (Construction, Alteration, Or Repair) Section B SUPPLIES OR SERVICES AND PRICES/COSTS Section C DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK Section D PACKAGING AND MARKING Section E INSPECTION AND ACCEPTANCE Section F DELIVERIES OR PERFORMANCE Section G CONTRACT ADMINISTRATION DATA Section H SPECIAL CONTRACT REQUIREMENTS Section I CONTRACT CLAUSES Section J LIST OF ATTACHMENTS Section K REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS Section L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS Section M EVALUATION FACTORS FOR AWARD

(See ).

SOLICITATION, OFFER,

AND AWARD

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

9. FOR

INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

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

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

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

is, is not required.

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

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

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

75H70126R00016

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

Project: Whiteriver Hospital Construction

Location: Whiteriver, AZ

See Section L.8 for Proposal Submittal Instructions.

This acquisition is being solicited as Unrestricted, open to both large and small businesses.

The North American Industry Classification System (NAICS) code is 236220, Commercial and Institutional Building Construction. The associated size standard for this procurement is $45 million.

CONSTRUCTION MAGNITUDE: The magnitude of this construction project is anticipated to be between $500,000,000 and $600,000,000

See Block 7

Erik Lundstrom 240-485-6419 or erik.lundstrom@ihs.gov

2 5503/12/2026

5/12/2026

2:00 PM

10 days after award

F.2. Period of Performance

AWARD (To be completed by Government)

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

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

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

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

30b. SIGNATURE 30c. DATE

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

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

B.3.

See Block 7

LUMP SUM TOTAL $________________

Solicitation 75H70126R00016 Whiteriver Hospital

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. PRICE SCHEDULE

CLIN # Description Amount Contractor shall furnish all labor, equipment, materials, supplies, supervision, tools, permits, transportation, quality control, personal protective equipment (PPE), coordination with Authorities Having Jurisdiction (AHJ), construction permits, incidental design, travel and insurance and associated expenses necessary and incidentals in order to perform the Whiteriver Hospital Construction, in accordance with the attached specifications, drawings and other attachments.

ALL CLINs are Qty of 1 with a Unit Price of LS.

Phase I: New Hospital Facility, Facilities Building, Chiller Plant, and Pump House construction and temporary facilities Phase II: Demolition of existing hospital and other construction activities $

Phase I and II: On-site Sitework to include underground utilities, earthwork, storm sewer, driveways, sidewalks, curb and gutter, heliport, paving, landscaping, and irrigation. $

Phase I and II: Off-site utilities, to include water, sanitary sewer, drainage, earthwork, surface water treatment plant improvements, and BP2 – IHS Hospital Utility Campus (wastewater package treatment plant and water storage tanks). $

TOTAL BASE PRICE $

OPTIONS

0004 Option 1 Whole Campus Water Filtration System $

0005 Option 2 Spray Fields at Hon Dah Wastewater Treatment Plant $

0006 Option 3 Acoustic Floor System $

0007 Option 4 Circadian Lighting $

0008 Option 5 Bi-Polar Ionization Air Purification System $

0009 Option 6 Photovoltaic System and Video Surveillance Cameras $

0010 Option 7 Acoustical Panels $

0011 Option 8 Hon-Dah Utility Campus $

0012 Option 9 Replace existing PLC’s Surface Water Treatment Plant $

0013 Option 10 Off-site Sitework to include traffic signal and highway improvements $

0014 Option 11 Medical Equipment required in this contract $

OPTIONS TOTAL $

TOTAL (BASE + OPTIONS) $

CLIN NOTES:

1. CLIN 0001, For the purposes of pricing participation in the partnering sessions, include the cost of travel and attendance for 6 leaders of the GC team (including major subcontractors) twice per year for the duration of the construction phase of the project. The actual attendance will be determined on a session-by-session basis as needs arise. (See Section C - SOW C-5 F.)

2. CLIN 0004-0012, Option 1 thru Option 9 are detailed in Section 012300.

3. CLIN 0013 Option 10, Off-site Sitework to include traffic signal, and highway improvements:

Refer to ADOT PLANS sheets RD1.0 thru RD9.7, XS1 thru XS, and specifications sections 340114 thru 347116.

4. CLIN 0014 Option 11, Medical Equipment required in this contract:

a. Provide acquisition, delivery, storage, and installation of Contractor-

Furnished/Contractor-Installed (CFCI) Medical Equipment and installation of Owner- Furnished/Contractor-Installed (OFCI) Medical Equipment as indicated on Sheets Q111- Q482, CFCI and OFCI Equipment Lists

NOTES:

As a reminder, all offerors are responsible for allowing for all applicable state, local taxes and fees, to include Tribal Employment Rights Office (TERO) Fees, within their bids and to perform their own due diligence in ascertaining them. The Contractor is responsible to pay all applicable taxes, or applicable requirements that may be incurred as a result of this project. Failure on the part of the successful Offeror not to include these fees or the appropriate impacts will not constitute a request for an equitable adjustment to the contract price.

• TERO Fees: Reference clause: H.48. TRIBE REQUIREMENTS – White Mountain Apache Tribe (WMAT) Tribal Employment Rights Office

B.2. Incidental Payment Items: The intent of the contract is to provide for the complete work of the project described in the contract. Unless otherwise provided, the contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies, taxes and fees required to complete the project in accordance with the attached drawings, specifications, and provisions of the contract.

Payment for contract work will be made for and under those pay items included in the Schedule of Items (which is one lump sum price for the contract). All other work and materials will be considered as incidental to and included in the payment for items shown.

B.3. SF1442, Block 24: Submit invoices in accordance with Section I, HHSAR 352.232‐71, Electronic Submission of Payment Requests and Section G, G.4 through G.6.

B.4. Pricing Data Submission: In accordance with FAR 15.403-1, Data Other Than Certified Cost or Pricing Data, it may be requested that pricing data be submitted to show the breakdown of costs for the above price schedule. This may be requested so that the determination of a fair and reasonable price can be made by the Contracting Officer. For example, the price breakdown shall have the direct labor cost and the direct material cost broken out.

B.5. Wage Determination: Construction wages shall be paid for all applicable labor categories (building, heavy, or highway) for each price schedule line item and shall be included in all pricing in accordance with FAR 52.222-6, Construction Wage Rate Requirements. The applicable Wage Determinations are included in Section J, Attachment J06 The primary type of construction wage rate category is building.

Work in another labor category (j.e. heavy or highway) is considered incidental to building if it is less than substantial. If the total work in another category is substantial, then multiple wage determinations will generally apply. Heavy or highway construction is considered to be substantial if the total cost of all the work in that category exceeds $2.5 million. Reference the section Application of Multiple Wage Determinations at this link: www.dol.gov/agencies/whd/government-contracts/prevailing-wage-resource-book/db-wage-determinations#application-multiple-wds.

B.6 Options: The Government will evaluate the option CLINs 0004-0014 in accordance with FAR Clause 52.217-5 Evaluation of Options. Option CLINs 0004-0014 may or may not be awarded and may be exercised at the time of award OR within 90 days from Notice to Proceed. The Government may exercise none, one singularly, a combination of more than one or all options listed above in accordance with FAR Clause 52.217-7 Option for Increased Quantity—Separately Priced Line Item. The Option CLINS 0004- 0014 shall include all applicable OH/profit/taxes/fees/bonding.

http://www.dol.gov/agencies/whd/government-contracts/prevailing-wage-resource-book/db-wage-determinations#application-multiple-wds http://www.dol.gov/agencies/whd/government-contracts/prevailing-wage-resource-book/db-wage-determinations#application-multiple-wds

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 – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

STATEMENT OF WORK

C-1. Project Description.

A. Title: Whiteriver Hospital

B. Location: The building site is located on the existing hospital site in Whiteriver AZ.

Reference attached construction documents for exact location.

C. Description: The proposed new Whiteriver Hospital will consist of a 407,817 gross square foot building, including improvements to the tribally operated surface water treatment facility, and two new wastewater treatment package plants. It will be a modern, technologically advanced facility with enough space and staff to provide an expanded level of health care services specifically designed to meet the health care needs of the American Indian & Alaskan Natives in the Whiteriver Service Unit. In addition, to the Indian Health Service (IHS) programs, several tribally operated health programs are incorporated into the new facility. This will improve access to medical care as well as improve the collaboration and partnership between the White Mountain Apache Tribe and the IHS. The new facility will provide an expanded outpatient, inpatient, primary care, specialty care, ambulatory surgery, emergency, and community health departments, and a full array of ancillary and support services.

C-2. Scope of Work.

The Contractor shall furnish all personnel, materials, services, facilities and shall perform all work necessary to construct all scope included in the construction documents and specifications.

C-3. Work Requirements/Deliverables.

A. General Requirements detailed in Division 01 of the attached project specifications shall be followed unless stated otherwise in this contract.

B. When construction begins the Contractor is responsible for conducting weekly Project Status meetings with all stakeholders. Meetings shall be in person and virtual on an electronic platform as approved by the Contracting Officer. Refer to Division 01 for specific requirements.

C. Prior to construction start the Contractor shall provide a project schedule in accordance with

Division 01 specifications, for review and approval by the Contracting Officer. Updates are required monthly prior to progress payment requests.

D. Prior to final acceptance the contractor will be required to fill out the attached equipment maintenance spreadsheet for all maintainable equipment (See Design Binder 1, Commissioning Plan).

E. The contractor shall provide Procore or approved equal to submit, track and store all required submittals, shop drawings, meeting minutes and other documents for the project. Approved equal must be approved prior to contract.

F. Contractor shall provide 8 tablets (minimum 12.9 inch) capable of storing and viewing all project documents for IHS use. The contractor shall be responsible for ensuring the project documents are kept up to date on these tablets. Tablet is to have a heavy-duty protective case with adjustable hand strap and shoulder strap. At Close Out of the contract the tablets shall be loaded with approved Record Drawings and O&M Manuals and Warranty information and ownership of these tablets shall be transferred to the Whiteriver Hospital Facility Manager.

G. Contractor will be responsible for electrical service connection and temporary power. Any permits and their associated cost will be the responsibility of the contractor.

H. Contractor will be responsible for temporary construction water, including all costs. Any permits and the associated costs will be the responsibility of the contractor. Access to construction water to be coordinated with WMAT Public Works and COR.

1. Notice: The region is currently experiencing drought conditions, and the community has implemented water restrictions, which may impact the availability of construction water.

I. Contractor will be responsible for providing internet service to the facility from the existing service lines. Any permits or permissions from the White Mountain Apache Tribe (WMAT), Navopache Electric, Frontier/Verizon or others to use their poles and the associated costs will be the responsibility of the contractor.

J. Contractor will be responsible for building access for the initial outfitting company for FF&E installation. Access to the building as spaces are completed must be granted for installation of furniture, fixtures and equipment. This work will start while construction is still occurring.

Contractor is responsible for protecting installed FF&E.

K. IHS and Tribal groups for tours of the site during construction and the contractor shall provide PPE for up to 20 personnel. These tours will be scheduled at minimum one week in advance and effort will be taken to avoid project interruption

L. Temporary facilities shall be the responsibility of Contractor for IHS/DES and Construction Quality Assurance personnel. The temporary facilities shall include workstations and conference area with chairs and table for at least 10 personnel to include internet for each workstation and a restroom with working water closet and sink. A working refrigerator shall also be provided.

M. Contractor shall install temporary fencing as required in the DIV 01 specifications and to secure all construction and protect staff and visitors.

C-4. Construction Security Requirements Security Plan:

The security plan defines both physical and administrative security procedures that will remain effective for the entire duration of the project.

The General Contractor is responsible for assuring that all sub-contractors working on the project and their employees also comply with these regulations.

Security:

The General Contractor shall provide security at the project site 24 hours a day, 7 days a week after construction hours.

The Contractor shall provide security with communication devices and contact information for Whiteriver Tribal Police Department and emergency services.

C-5. Coordinating Instructions.

A. Any work with existing utilities shall be coordinated with Tribal Utilities local office, the COR, Whiteriver Service Unit personnel to include service connections and excavations within easements and rights-of-way.

B. Site Access. The Contractor shall coordinate with the COR, Whiteriver Service Unit personnel prior to starting any work on site.

C. The Arizona Department of Transportation, White Mountain Apache Tribe, COR, CQAM and Whiteriver Service Unit personnel shall be contacted prior to beginning any work in the state highway rights-of-way.

D. Any work associated with the electrical service will be coordinated with the NAVOPACHE Electrical

Co-Op, COR, Whiteriver Service Unit personnel.

E. Separate initial outfitting contractors will be installing the furniture fixtures and equipment (FF&E) for the facility. Contractor will be responsible for coordinating with the initial outfitters.

F. The Architect will host a semi-annual partnering session to support the project team including the

General Contractor, Quality Assurance Contractor, Commissioning Contractor, and IHS and Tribal Stakeholders. The General Contractor, and subcontractors as appropriate, shall attend and actively support and participate in semi-annual partnering sessions.

C-6. Included Attachments. The following attachments are included as part of the contract for required services, deliverables and reference documents.

A. Construction Plans/Drawings B. Construction Specifications C. Design Reports and Supporting Information (Modified Design Binders)

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. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(s):

https://www.acquisition.gov/far/ (End of clause)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

Number Title Date 52.246-12 Inspection of Construction Aug 1996

E.2. INSPECTION OF SITE

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

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

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

E.3. INSPECTION AND ACCEPTANCE

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

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

(a) Substantial Completion Inspection https://www.acquisition.gov/far/

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

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

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

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

(b) Final Inspection

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

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

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

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

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

SECTION F – DELIVERIES OR PERFORMANCE

F.1. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(s):

https://www.acquisition.gov/far/ Revolutionary FAR Overhaul Clauses (RFO): https://www.acquisition.gov/far-overhaul

(End of clause)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

Number Title Date https://www.acquisition.gov/far/ https://www.acquisition.gov/far-overhaul

52.236-15 Schedules For Construction Contracts (DEVIATION) (RFO Jul 2025)

Apr 1984

52.242-14 Suspension of Work Apr 1984

F.2 PERIOD OF PERFORMANCE (POP)

The Contractor shall be required to commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, prosecute the work diligently, and complete the entire work ready for use not later than 1095 calendar days after the date the contractor receives the Notice to Proceed (NTP). The time stated for completion shall include final cleanup of the premises.

Phase I POP: 912 days Phase II POP: 183 days Total POP: 1095 days

The Contractor may submit an alternative schedule for the Contracting Officer’s review and approval prior to award.

F.3. EVALUATION OF CONTRACTOR PERFORMANCE

In accordance with FAR 42.1102(e), the Contractor's performance will be evaluated upon completion of this contract. Interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government.

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

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

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

SECTION G – CONTRACT ADMINISTRATION DATA

G.1. CONTRACTING OFFICER

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

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

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

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

https://www.cpars.gov/index.htm

(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.

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

G.3. ADDRESS FOR CORRESPONDENCE

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

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

Indian Health Service (IHS) – Division of Engineering Services - Seattle Attn: Erik.Lundstrom@ihs.gov 701 5th Ave, Suite 1650 Seattle, WA 98104

G.4. PAYMENT PROCESS

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

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

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

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

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

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

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

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

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

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

G.5. PAYMENT FOR MATERIALS STORED ON SITE

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

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

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

(2) Payment is limited to major high-cost items. Payment of major high-cost items does not 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:

http://www.ipp.gov/

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

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

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

2018)

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

2023)

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

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

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

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

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

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

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

G.7. CERTIFICATION OF PAYMENTS - RELEASE OF CLAIM

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

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

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

G.8. TIME EXTENSION FOR UNUSUALLY SEVERE WEATHER

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

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

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

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

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

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

END OF SECTION

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. WORK HOURS

The facility’s normal business hours are 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.2. FEDERAL HOLIDAYS

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

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

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

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

H.3. SUBCONTRACTS

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

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

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

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

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

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

H.4. SUBCONTRACTING

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

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

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

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

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

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

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

H.5. INSURANCE

https://www.sam.gov/

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.

The following positions are identified as Key Personnel:

1. Project Manager

2. Site Superintendent

3. Quality Assurance/Quality Control

4. Safety Officer

5. Two (2) Key Subcontractors’ Project Managers.

H.7. PROJECT MANAGEMENT

(a) Contractor shall meet with the…