Bid Notice-Beatty Health Center Project.pdf

RFP-KTHFS-2026-002 – Beatty Health Center Project Page 1

KLAMATH TRIBAL HEALTH & FAMILY SERVICES

3949 S. 6th St.

Klamath Falls, OR 97603

Request for Proposal (RFP) Packet

Project: RFP-KTHFS-2026-002

BEATTY HEALTH CENTER PROJECT

SUBMISSION DEADLINE: Wednesday, October 7, 2026

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Table of Contents

Invitation to Bidders 3

Instructions to Bidders 4

Bid Proposal Cover Sheet 6

KTHFS Typical Contract Terms and Conditions 7

Tribal Employment Rights Ordinance (TERO) 13

Selection Criteria / Scoring Rubric 14

Exhibit A—Scope of Work and Deliverables 15

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KLAMATH TRIBAL HEALTH & FAMILY SERVICES

3949 S. 6th St.

REQUEST FOR PROPOSAL

Project: RFP-KTHFS-2026-002 – Beatty Health Center Project The Klamath Tribes / Klamath Tribal Health & Family Services (hereinafter “KTHFS”) is soliciting request for proposals (“RFP”) for specific items to be performed for this project.

Scope of Work Overview: Construct a new health center facility that is approximately 4,076 square feet, on vacant land located in Beatty, Oregon. Floorplan drawings, performance criteria and specification sheets will be provided by KTHFS. The scope of work will be detailed in Exhibit A—Scope of Work and Deliverables on page 14 of this RFP Packet.

Bidding: Bids will be accepted by Dan Bryant, KTHFS Senior Procurement Administrator, by sending an email to rfp@klamathtribalhealth.org or in person at the KTHFS Administration Building. The email or envelope containing the bid shall be clearly marked: RFP-KTHFS-2026-002 – Beatty Health Center Project.

Bids will be accepted until Wednesday, October 7, 2026. Any bid received after this date will not be accepted. Fax responses will not be accepted.

Right to Reject Any and All Bids: This request for proposal does not commit KTHFS to award a contract nor pay any costs incurred in the preparation of the bids or procurement of supplies. KTHFS reserves the right to reject any and all bids, to waive any informalities or irregularities, and to readvertise when it is in the best interest of KTHFS.

Permits: The selected contractor will be responsible for paying all local license fees and taxes, as well as permits that may be required, if any.

Mandatory Pre-Bid Walk-Through: A mandatory pre-bid walk-through is scheduled for Tuesday, September 22, 2026, at 10:00 a.m., at the Beatty Health Center Site, 24110 Godowa Springs Rd., Beatty, Oregon 97621.

Wages: Davis-Bacon wages DO apply for all work associated with this project.

Funding: Work under this contract will be funded by KTHFS.

Licenses: All contractors shall be licensed and registered with the Oregon Construction Contractors Board

(CCB).

Tribal Employment Rights Ordinance (TERO): It shall be the responsibility of the selected contractor to comply with the TERO Ordinance, including completing any paperwork and paying fees related to this ordinance. Any questions regarding the TERO Ordinance and its requirements shall be directed to:

Joshua Delorme, TERO Director, at 541-783-2219, ext. 162, or Inez Heglund, TERO Compliance Officer, at 541-783-2219, ext. 238

Bid Questions: All questions pertaining to this project shall be addressed to:

Dan Bryant, Senior Procurement Administrator Klamath Tribal Health & Family Services 3949 S. 6th St.

Klamath Falls, OR 97603 Main phone: 541-882-1487, ext. 203; Direct line: 541-880-7803; Mobile: 541-892-4978 Email: rfp@klamathtribalhealth.org

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INSTRUCTIONS TO BIDDERS

To be considered, bid submissions must be made in accordance with the bid documents and the contract documents, except where modified by the following instructions:

1. Bids will be accepted by email or in person by:

Dan Bryant, Senior Procurement Administrator Klamath Tribal Health & Family Services 3949 S. 6th St.

Email: rfp@klamathtribalhealth.org

The email subject line or envelope containing the bid shall be clearly marked: RFP-KTHFS-2026- 002 – Beatty Health Center Project. Bids will be accepted until Wednesday, October 7, 2026. Any bid received after this date will not be accepted. Fax responses will not be accepted. Bid amount on the submission must be both in written and numeric figures.

2. Bids shall not contain any recapitulation of the work to be completed. No modifications will be considered after bid submission.

3. The contract and subsequent purchases will be awarded to the bidder who submits the best bid pursuant to the specifications, quantities, and delivery schedules which will be in the best interest of KTHFS.

4. Should a bidder find discrepancies or omissions in the documents, or should a bidder be in doubt as to their meaning, the bidder shall notify the KTHFS Senior Procurement Administrator. KTHFS will send written instructions to all bidders to clarify any discrepancies or omissions. KTHFS is not responsible for any oral instructions.

5. Any written instructions, bulletins, drawings, or photographs issued to bidders during the course of bidding shall be a part of the contract documents and, at the closing of the contract, will become a part thereof.

6. Any addenda issued shall forthwith become an integral part of the RFP. The bidder is required to acknowledge receipt of same by signing and returning the addenda with the original RFP documents.

7. KTHFS reserves the right to accept or reject any proposal, in total or part, or to waive any irregularities in any proposal deemed to be in the best interest of KTHFS. If there are minor irregularities or informalities in any bid or in the bidding process, KTHFS reserves the right to waive provisions of the scope of work or specifications related to said irregularities or informalities.

8. Before submitting a bid, each bidder must

a. Complete the Bid Proposal Cover Sheet on page 6 and submit as the first page of proposal.

b. Examine the terms and conditions of the RFP documents carefully

c. Visit the site to become familiar with local conditions that may in any manner affect cost, progress, and/or performance of the work.

d. Become familiar with federal, state, local, and tribal laws, ordinances, rules, and regulations that may in any manner affect cost, progress, and/or performance of the work

e. Study and carefully correlate bidder’s observations with the RFP documents

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9. When applicable, delivery date and time, and/or project completion date shall be coordinated with the KTHFS Chief Executive Officer, or their designee. The bidder must provide an estimated lead time from the commencement of the project to completion of the project.

10. The bidder must expressively agree to comply with all applicable KTHFS ordinances, including the

KTHFS Tribal Employment Rights Ordinance (TERO), and other applicable laws, codes, and regulations.

11. All bidders and listed subcontractors must be licensed and bonded in Oregon to do the type of work specified in the bid documentation.

12. For construction and facility improvement projects, prevailing wages will apply to the projects when required by federal grant sources over $2,000.00. This includes a provision for compliance with the Davis-Bacon Act (40 U.S.C., 276a to a-7) and as supplemented by United States Department of Labor regulations (29 CFR Part 5).

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Klamath Tribal Health & Family Services 3949 S. 6th St.

Klamath Falls, OR 97603

Bid Proposal Cover Sheet

Project: RFP-KTHFS-2026-002 – Beatty Health Center Project

Name of Firm:__________________________________________________________________

DBA (if any):____________________________________________________________________

Business Address:_______________________________________________________________

Business Phone:__________________ Email:_________________________________________

Contractor License Number:_______________________________________________________

Klamath Tribes TERO Certified? No Yes, date certified:__________________________ (If certified, please attach the Klamath Tribes TERO training certificate to this cover sheet.)

Klamath Tribes TERO Certified Indian-Owned Business? No Yes, date certified:__________ (If certified, please attach the Klamath Tribes TERO Indian-Owned Business certificate to this cover sheet.)

Submitter Signature:_____________________________________________________________

Printed Name:__________________________________________________________________

Title:__________________________________________________________________________

Bid Price

Number Value:__________________________________________________________________ (e.g., $123.45)

Written Value:__________________________________________________________________ (e.g., ONE HUNDRED TWENTY-THREE DOLLARS AND FORTY-FIVE CENTS)

Bid Received (check one): Email In-Person

Received Date and Time: _________________________________________________________

Received By:___________________________ Signature: _______________________________

KTHFS PROCUREMENT USE ONLY

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TYPICAL KTHFS CONTRACT

TERMS AND CONDITIONS

I. PROFESSIONAL SERVICES

1.1 The Tribes contract with Contractor for the provision of professional services on the terms and conditions set forth in this Agreement.

1.2 Contractor is an independent contractor. Contractor’s employees and agents providing services pursuant to this Agreement shall not for any reason be considered employees of the Tribes. Contractor and its employees and agents providing services under this Agreement shall be free from the direction and control of the Tribes over the means and manner of performing work under this Agreement, subject to the right of the Tribes to specify the desired results. Accordingly, Section V makes Contractor responsible for paying all employment taxes and related employment expenses and disallows benefits that are paid to Tribal employees. The Tribes shall have no duty with respect to Contractor other than to provide other than to provide the contract price set out in Section IV, unless additional duties are expressly set out in this Agreement.

1.3 Should it be determined by the Internal Revenue Service or in any judicial or administrative proceeding that Contractor or its employees or agents providing services pursuant to this Agreement are considered to be employees of the Tribes for any reason, the amount payable under this Agreement shall be reduced by an amount equal to the Tribes’ total tax liability. If payment has already been made to Contractor, Contractor shall remit such amount due to the Tribes.

II. CONTRACTOR’S DUTIES

2.1 (Brief description of services that contractor will provide goes here).

2.2 Contractor’s Duties shall include the following:

a. Contractor’s duties are provided in the Contractor’s Scope of Work which is attached to this Contract as Exhibit A.

2.3 Contractor agrees that it is responsible for all pre-employment screening and credentialing required by applicable state, federal, and tribal statutes and regulations.

2.4 Contractor shall competently, diligently, and to professional standards, fulfill and execute all duties as are fully set forth herein.

III. TERM

3.1 Generally. This Agreement will commence as of (“Effective Date”) and will remain in effect until (“End Date”), unless earlier terminated in accordance with the terms set forth herein (the “Initial Term”). This Agreement may be extended for an additional period of time by written agreement of the Parties in accordance with Section XIV. On termination of this Agreement, neither the Tribes nor the Contractor shall have any further rights, duties, privileges or obligations hereunder, except as otherwise provided herein. [Note: The term must be for no less than a year in order to comply with federal healthcare fraud and abuse regulations (see 42 C.F.R. § 1001.952)].

3.2 Without Cause. On ninety (90) days prior written notice, either Party may terminate this Agreement without cause.

3.3 Termination for Breach. Except as otherwise provided in this Agreement, either Party may terminate this Agreement for cause if the other Party commits a material breach of this Agreement. Such termination shall be effectuated by giving the other Party a written notice of termination which specifies in reasonable detail the material breach on which such termination is based. A notice of termination may not be given under this Section 3.3 unless the non-breaching Party shall have previously given the breaching party a written notice identifying the breach and requesting that the breaching Party cure the breach. If the breaching Party fails to cure the breach within thirty (30) days after receiving notice thereof

RFP-KTHFS-2026-002 – Beatty Health Center Project Page 8 from the non- breaching Party, the non-breaching Party may give a written notice of termination as provided in this Section 3.3, provided, however, that if the breach cannot reasonably be cured within thirty (30) days and the breaching Party is making reasonable efforts to cure the breach, the breaching Party shall have such additional time as may be reasonable and appropriate to cure the breach, but in no event more than an additional sixty

(60) days

3.4 Illegality. This Agreement may be terminated by either Party if there are any changes in laws, regulations or policies that have a significant impact on the relationship between the Parties herein.

3.5 Effect of Termination.

3.5.1 Generally. The termination of this Agreement shall not affect any rights of the Parties accruing prior to termination, including (but not limited to) any claims arising out of the breach of this Agreement. The termination of this Agreement will not extinguish or limit in any way any additional and/or separate covenants or obligations that Contractor may have under any separate agreement, commitment or contract with the Tribes or an Affiliate thereof.

3.5.2 Survival. Those provisions of this Agreement which by their terms or operation are intended to survive termination of this Agreement, shall survive the termination of this Agreement. Such provisions include, but are not limited to, Sections VII (Indemnity), VIII (Dispute Resolution), IX (Contractual Obligations), X (Confidentiality), XIII (Sovereign Immunity).

3.5.3 Preservation of Rights. The termination provisions of this Section III shall not be exclusive, but rather shall be in addition to any rights or remedies available at law or in equity, or under this Agreement.

IV. COMPENSATION

The Tribes shall compensate Contractor for services provided under this Agreement, as follows:

4.1 The compensation schedule the Tribes agree to pay the Contractor for services is attached to this Contract as Exhibit B.

4.2 The compensation provided to the Contractor under this Agreement constitutes fair market value for the services provided, and such compensation was determined in an arms-length negotiation and was set in advance. In order to ensure continued fair market value of Contractor's compensation, Contractor's compensation will be evaluated annually and adjusted as necessary. The terms of this Agreement shall not vary according to the volume or value of materials provided by any Parties to this Agreement and shall not be based on the value or volume of any referrals.

4.3 Prior written approval shall be obtained from the Tribes for any additional compensation provided under this Agreement.

V. APPLICABLE TAXES AND OTHER EXPENSES

5.1 Any costs not agreed to in advance are the sole responsibility of Contractor.

5.2 Contractor shall be responsible for all costs associated with maintaining applicable licensure and credentialing requirements under relevant law. Contractor shall also be responsible for Contractor’s own travel costs and all other business-related expenses except as otherwise expressly stated in this Agreement.

5.3 Contractor is responsible for the payment of all state and federal taxation, health insurance, worker’s compensation insurance and all other expenses borne by Contractor.

5.4 Contractor shall not be entitled to any benefits offered to the Tribes’ employees, including vacation or sick leave, holiday pay, participating in any pension, profit-sharing, salary continuation, disability insurance, hospitalization insurance, major medical insurance, medical reimbursement, or life insurance plan or any other benefit plan established by the Tribes.

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5.5 As a contractor with the Indian Health Service under the Indian Self Determination and Education Assistance Act, the Tribes are covered by the Federal Tort Claims Act. This coverage does not extend to Contractor, its employees, or its agents under this Agreement. Contractor must maintain:

5.5.1 General commercial liability insurance with a minimum limit of liability of one million dollars ($1,000,000) per claim or occurrence and three million dollars ($3,000,000) in the aggregate covering Contractor, and naming the Tribes as an additional insured.

Contractor shall provide the Tribes with certificates of insurance or other satisfactory written evidence of insurance coverages.

VI. COMPLIANCE WITH LAWS AND TRIBAL POLICIES

6.1 Contractor agrees to comply with all applicable state, federal and local statutes and regulations.

6.2 Contractor shall comply with all the Tribes’ rules, regulations, and policies. In the event of conflict between the terms of this Agreement and the terms of such rules, regulations, or policies, this Agreement shall control.

6.3 Contractor shall comply with laws governing or related to Medicare, Medicaid, all Stark and Anti-Kickback laws, and immediately notify the Tribes if the Contractor has any reason to believe it is not in compliance with such laws. The Parties intend to fully comply with 42 U.S.C.

§ 1320a-7b(b) (federal Anti-Kickback Statute), 42 U.S.C. § 195nn (Stark laws), and with all other applicable federal and state law provisions governing fraud and abuse or self-referrals under the Medicare and Medicaid programs. The Parties agree that if any provision of this Agreement is found by a court or administrative agency of competent jurisdiction to be in violation of any applicable law or regulation, the Agreement shall be interpreted in accordance with that law or regulation and the provision or provisions that are in violation shall be deemed unenforceable or to have been amended in accordance with law, as the Parties believe most appropriate under the circumstances.

VII. INDEMNIFICATION

Contractor agrees to indemnify and hold harmless the Tribes, including the Tribes’ officers, directors, agents, and employees, from and against any and all claims, costs, actions, causes of action, losses, or expenses, including reasonable attorneys’ fees, resulting from or caused by the negligent or careless acts or omissions by the indemnifying party or its officers, directors, agents, and employees.

VIII. DISPUTE RESOLUTION

8.1 All disputes arising under or relating to this Agreement, including any claims for damages for the alleged breach thereof which are not disposed of by agreement, shall be resolved exclusively under this clause.

8.2 In case of any dispute between the parties concerning the rights and duties of either party under this Agreement, the parties shall first attempt to resolve such dispute through informal negotiations attempted between the Contractor, or Contractor’s designated Agent, and the designated Tribal representative before attempting any other remedy. Nothing herein shall operate or be construed as an authorization or consent by The Klamath Tribes for placement of any lien on any personal or real property.

8.3 If a dispute cannot be resolved through a joint discussion, either party may request the dispute to be submitted to non-binding third party mediation by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice shall respond within five (5) business days with a written statement of its position on, and recommended solution to, the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet at a mutually agreeable time and place within ten (10) business days of the date of the responsive written correspondence in order to exchange relevant information and perspectives, and to attempt to resolve the dispute. For the purposes of this Agreement, “third

RFP-KTHFS-2026-002 – Beatty Health Center Project Page 10 party mediation” means a form of mediation where the Parties jointly select a third party who is not employed or directed by either Party to mediate disputes under this Agreement. The mediator must demonstrate that they are familiar with and have experience in the legal issues involving the Klamath Tribes as a contractor under the Indian Self-Determination and Education Assistance Act and may be an attorney, retired judicial office or other person trained in mediation practices.

8.4 Costs and attorney fees of each Party under this section shall be borne by each separate party.

No consequential or punitive damages shall be awarded against either Party. Any cost of a selected mediator will be split evenly by the Parties.

8.5 Notwithstanding any other language in this Agreement, or in any of the documents attached hereto and incorporated herein, the Klamath Tribes hereby expressly reserve and asserts all attributes of its sovereign immunity and nothing in this Agreement shall be deemed to be a waiver of the Tribes’ sovereign immunity. See Section XXIII.

8.6 The Tribes reserve the right to withhold some or all of any payment which has been invoiced in the case of a good faith dispute or discrepancy until the dispute or discrepancy is settled. In such a case the Tribes shall inform, in writing, Contractor of the sums withheld, the reasons therefore, and the work or actions necessary to cure the problem. To the extent that some portion of the payment is not disputed, such undisputed amount shall be paid as set forth in this Agreement while the dispute surrounding the remaining portion is resolved.

8.7 The waiver of either Party of a breach of any provision(s) of this Agreement shall not operate or be construed as a waiver of any subsequent breach unless explicitly set forth in writing by the waiving Party.

IX. CONTRACTUAL OBLIGATIONS

Contractor agrees that it will not, unless authorized in writing to do so by the Tribes, make, draw, accept or endorse any contract, lease, promissory note, or other instrument requiring the payment of money by the Tribes, nor pledge the credit of the Tribes.

X. CONFIDENTIALITY

10.1 In the course of performing under this Agreement, Contractor may learn confidential or proprietary information, such as but not limited to the Tribes’ business or governmental records, reports, procedures or programs. Contractor shall use the Tribes’ confidential or proprietary information only as required to perform Contractor’s duties or to exercise rights under this Agreement. Contractor shall not disclose confidential or proprietary information to a third-party.

10.2 To the extent that they do not conflict with other governing laws or regulations to which Contractor is subject, Contractor agrees to abide by all Klamath Tribes and Klamath Tribal Health and Family Services policies and procedures and applicable law governing confidentiality.

XI. NOTICE

All notices, requests, communications and demands under this Agreement shall be in writing and shall be deemed to have been given if delivered in person or sent by registered or certified mail, postage prepaid, to either Party at the address stated below:

11.1 Tribes’ Address: 501 Chiloquin Blvd., PO Box 436, Chiloquin, OR 97624

11.2 Contractor Address: (Contractor address goes here)

XII. INVALID PROVISION

The invalidity of any particular provision of this Agreement in any jurisdiction shall not affect the other provisions hereof or the validity of that particular provision in any other jurisdiction, and the Agreement shall be construed in all respects as though such invalid or unenforceable provisions were omitted only in the jurisdiction in which the same is held to be invalid or unenforceable.

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XIII. INTERPRETATION

13.1 Any paragraph designations are for convenience and reference and shall not be considered in construing this Agreement. This writing constitutes the entire Agreement between the parties and supersedes any and all other oral or written provisions.

13.2 Should the application of any provision of this Agreement to any particular facts or circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then the validity of the other provisions of this Agreement shall not be affected or impaired thereby, and this Agreement shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.

XIV. MODIFICATION

14.1 This instrument constitutes the entire Agreement between the parties, and Contractor shall not perform any additional or different work other than those specifically set out in this Agreement, except that this Agreement may be changed by mutual written consent.

14.2 The Tribes’ written consent to a modification is not guaranteed and may be obtained only in accordance with the following procedures:

14.2.1 If the Agreement modification will not result in an increase in the Contract price, the Agreement modification shall be effective only if approved in writing by both Parties; or

14.2.2 If the Contract price will result in an increase in the Contract price, the Agreement modification shall be referred by the Clinic to the Tribal Council of the Klamath Tribes for action. The Tribal Council shall either authorize the Tribal Chairman to approve or disapprove the Contract modification. The Tribes shall not be liable for any additional amount of money and the Tribes’ written consent to modification shall not be valid unless the Tribal Chairman, pursuant to this Paragraph, approves the modification in writing.

XV. SUBCONTRACTING

The tasks and projects to be performed by Contractor pursuant to this Agreement shall be performed by Contractor and not by subcontractors or other third parties, unless the Tribes agree in writing that subcontractors may perform all or part of the work. Such agreement shall not be unreasonably withheld, although the Tribes may attach any reasonable conditions or limitations to the employment of a subcontractor.

XVI. PROJECT MANAGER

The Project Manager shall be (name and title goes here). The Tribes may change the Project Manager at any time without the consent of Contractor.

XVII. OWNERSHIP OF WORK PRODUCT

The work product(s) created by Contractor under this Agreement shall become and remain the exclusive property of the Klamath Tribes.

XVIII. COUNTERPART AND FACSIMILE SIGNATURES

This Agreement may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. Signature by facsimile or telecopy shall be binding as originals.

XIX. FORCE MAJURE

Neither party will be held responsible for any delay or failure to perform any of its obligations to the extent that such delay or failure is caused by labor or union strikes, an act of God or similar catastrophic event.

XX. DEBARMENT

20.1 Contractor hereby certifies to the best of Contractor’s knowledge that it or any of its officers or contractors or sub-contractors:

20.1.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transaction by any Federal department or agency;

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20.1.2 Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State, or local) transaction or agreement under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;

20.1.3 Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of these offenses enumerated in Paragraph (b) of this certification; and

20.1.4 Have not within a three (3) year period preceding this Agreement had one or more public (Federal, State or local) transactions terminated for cause or default.

20.2 The Parties hereby represent and warrant to each other that each Party and their respective representatives who are providing Services under this Agreement are not

20.2.1 Currently excluded, debarred, or otherwise ineligible to participate in the Federal health care programs as defined in 42 USC §1320a-7b(f) (the “Federal health care programs”);

20.2.2 Convicted of a criminal offense related to the provision of health care items or services but have not yet been excluded, debarred, or otherwise declared ineligible to participate in the Federal health care programs; and

20.2.3 Under investigation or otherwise aware of any circumstances which may result in a Party’s or any of its respective representatives who are providing Services under this Agreement being excluded from participation in the Federal health care programs.

20.3 This Section shall be an ongoing representation and warranty during the Term of this Agreement and each Party shall immediately notify the other of any change in the status of the representation and warranty set forth in this Section. Any breach of this Section shall give the non-breaching party the right to terminate this Agreement immediately for cause.

XXI. MISCELLANEOUS

21.1 Examination of Records. The Tribes, the Comptroller General of the United States or any of their duly authorized representatives shall have access to any papers, books, documents and records of the Contractor which are directly related to this Agreement, for the purpose of making audit, examination, excerpts and transcripts, or as otherwise provided by Tribal or Federal law.

21.2 Retention of Records. Contractor shall maintain all records, reports, warranties, drawings, data files and other documentation relating to the execution of this Agreement for three years after the End Date of this Agreement.

XXII. GOVERNING LAW

The parties agree that the law governing this Agreement shall be the law of the Klamath Tribes, and that in the event there is no governing tribal law; the Agreement shall be governed by applicable federal law.

XXIII. SOVEREIGN IMMUNITY

Nothing in this Agreement, nor in any of the documents attached hereto and incorporated herein, shall be deemed or interpreted to be a waiver of the sovereign immunity of the Klamath Tribes, Klamath Tribal Health & Family Services, or their Council members, Board members, officers, agents or employees. The Klamath Tribes and Klamath Health & Family Services expressly retain all attributes of sovereign immunity. This sovereign immunity extends to all Council members, Board members, officers, employees, and agents of the Klamath Tribes and Klamath Tribal Health and Family Services.

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XXIV. TRIBAL EMPLOYMENT RIGHTS ORDINANCE (TERO) REQUIREMENTS

24.1 Indian Preference in Employment. Covered employees, including employers who employ two or more employees who, during a twenty (20) day period spend cumulatively sixteen (16) or more hours performing work within lands owned by or held in trust for the Klamath Tribes (Tribal lands), must comply with the Indian Preference requirements of the TERO, Klamath Tribal Code, Title 6, Chapter 40. The TERO provides that such employer must give employment preference first to qualified applicants who are Klamath Tribal Members, then to other qualified Indians for all hiring, promotion, training, layoffs, and other aspects of employment.

These requirements shall not apply if in conflict with applicable federal law or regulations.

24.2 Indian Preference in Contracting. Any subcontract for supplies, services, labor and/or materials in an amount of $2,500 or more where the majority of the work will be conducted within Tribal lands must give preference first to individuals and entities at least fifty-one percent (51%) owned or controlled by Klamath Tribal Members, then to individuals or entities at least fifty-one percent (51%) owned or controlled by other Indians. Such entities must be certified by the TERO Director, or their designee. These requirements shall not apply if in conflict with applicable federal law or regulations.

24.3 Employment Rights Fee. With the exception of construction contractors, employer shall pay to the TERO Office a quarterly fee of two percent (2%) of employees' quarterly payroll within thirty (30) days after the end of each quarter. For construction contracts greater than $5,000, the employer must pay to the TERO Office a one-time fee of two percent (2%) of the total contract amount prior to commencing work on Tribal lands. Any contract amendments, change orders, or modifications that increase the contract value shall be subject to an additional fee of two percent (2%) of the increased amount. Installment payments may be available with authorization from the TERO Director.

24.4 Reporting and Inspection. Employers must consult with the TERO Office regarding its TERO obligations prior to conducting business on Tribal lands, including the completion of a "Klamath Tribes Tribal Employment Rights Ordinance Acknowledgement of Receipt Form."

Employers must timely submit to the TERO Office information requested by the TERO Director regarding TERO compliance. The TERO Office staff reserves the right to conduct periodic on-site inspections during operations to monitor compliance with TERO requirements as detailed in Klamath Tribal Code, Title 6, Chapter 40.14.

24.5 TERO Complaint and Hearing Procedures. Any person may invoke the TERO Complaint and Hearing Procedures detailed in Klamath Tribal Code Title 6, Chapter 40.10. Covered employers shall inform employees of the availability of such procedures.

24.6 Sanctions. Failure to comply with the TERO requirements may result in a civil monetary fine up to $500 per violation with each day constituting a separate violation, suspension or termination of the violator's activities on Tribal lands, or barring the violator's future business activities on Tribal lands. Violations may also result in other remedies including, but not limited to, damages, backpay, and voiding a contract that violates the TERO. Klamath Tribal Code Title 6, Chapter 40.11.

XXV. TRIBAL EMPLOYMENT RIGHTS OFFICE (TERO) CONTRACTOR CERTIFICATION

25.1 The Contractor will complete and submit the TERO Contractor Certification Workshop

Registration Form to TERO and pay the applicable registration fee. The TERO Contract Certification Workshop must be completed prior to the commencement of the project.

25.2 The Contractor will provide the TERO Certified Contractor Certificate issued by TERO Office to the Clinic prior to commencement of the project.

25.3 The TERO Certified Contractor Certificate is valid for three years from the issue date.

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PROJECT: RFP-KTHFS-2026-002 – Beatty Health Center Project

SELECTION CRITERIA

Generally, the contract awards shall be made to the lowest qualified bidder based on the overall lowest rates. Other factors such as level of education and experience, and meeting the purpose and scope of the RFP will be considered when awarding the contract.

Proposals will be evaluated as follows:

Factor #1—Cost 20 points maximum

• Lowest price

• Second lowest price

• Third lowest price or higher

20 points 10 points

0 points Factor #2—Meets or exceeds specifications as listed in Exhibit A, Section 2 30 points maximum

• Provides specific and detailed costs for all project areas

• Provides overall costs by area, but no details for specific products

• Provide an overall bid price, but little to no details on specific costs

30 points 15 points

0 points Factor #3—Provides documented experience in general contracting for major projects as requested in Exhibit A, Section 1

20 points maximum

• More than 10 years / 6 or more projects completed

• 5 to 10 years / 2 to 5 projects completed

• Less than 5 years / 1 project or less completed

20 points 10 points

0 points Factor #4—Provides documented experience in building medical facilities 10 points maximum

• Yes

• No

10 points 0 points

Factor #5—Local Presence 20 points maximum

• Located within the Klamath Falls, OR area (75-mile radius)

• Located between a 75-mile to 150-mile radius of Klamath Falls, OR

• Located outside a 150-mile radius of Klamath Falls, OR

20 points 10 points

0 points

Total Points Possible: 100 points

Bonus Points (if eligible for more than one category, only the highest point category will be applied):

Indian-owned business 15 points Business trains and/or employs American Indians (business must provide proof) 10 points Woman-owned/minority owned business (non-Indian) 5 points

Total Points Possible (including bonus points) 115 points

RFP-KTHFS-2026-002 – Beatty Health Center Project Page 15

PROJECT: RFP-KTHFS-2026-002 – Beatty Health Center Project

EXHIBIT A

SCOPE OF WORK AND DELIVERABLES

The Contractor shall review and evaluate the items listed below in all matters related to the following:

1. RFP BID DOCUMENTS REQUIREMENTS FOR SUBMISSION

a. Bid Proposal Cover Sheet (see page 6 of this RFP Packet).

b. Examples of at least three projects in which the bidder provided general contracting services for a major tribal or governmental project.

c. Examples of projects in which the bidder provided general contracting services for medical facilities.

d. Documentation that provides specific and detailed costs for all project areas.

e. Provide a list of all potential subcontractors for the project.

f. Provide timelines for all aspects of the project from start to finish.

2. DESIRED QUALIFICATIONS

a. Knowledge and experience in the interpretation of all blueprint drawings, including structural, roofing, electrical, plumbing, HVAC, mechanical, and voice/data lines with at least five (5) years of experience providing construction services.

b. Documented experience in general contracting for major projects, such as those listed in the project specifications.

c. Experience in presenting construction updates to governing bodies such as The Klamath Tribes Tribal Council, public boards, entity administration teams, and the general public.

d. Licensed member, in good standing, of the Oregon Construction Contractors Board.

e. Knowledge and experience in architectural designs, construction agreements, insurance and bond issuance, utility work, and construction.

3. SCOPE OF SERVICES

a. Review and understand all documents regarding the Scope of Services involved in this RFP including:

i. RFP-KTHFS-2026-002—Beatty Health Center RFP Packet, including Exhibit A

ii. Exhibit B—Project Specifications

iii. Exhibit C—Bid Set Drawings

iv. Exhibit D—Structural Calculations

v. Exhibit E—COMcheck Envelope Report

vi. Exhibit F—Electrical COMcheck

vii. Exhibit G—Mechanical COMcheck

4. PROJECT TIMELINE

a. The project is expected to be completed within five to six months from the date the final party signs the contract.

b. The Contract will be for a maximum length of one year.