Solicitation_IHS1382074.pdf

REQUEST FOR QUOTE: IHS1382074

INDEX:

A - STANDARD FORM 18

B - PRICE FEE SCHEDULE

C - DESCRIPTION - SCOPE OF WORK

D - PACKAGING AND MARKING

E - INSPECTION AND ACCEPTANCE

F - DELIVERIES OR PERFORMANCE

G - CONTRACT ADMINISTRATION DATA

H - SPECIAL CONTRACT REQUIREMENTS

I - CONTRACT CLAUSES

J - LIST OF ATTACHMENTS, EXHIBITS AND OTHER ATTACHMENTS

K - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L - EVALUATION FACTORS FOR AWARD

X

Chinle Comprehensive Health Care Facility (CCHCF), Facility Maintenance Refer to Section F

Tanya Begay, Supervisory Contract Specialist 928 674-7635

Chinle Comprehensive Health Care Facility

Off Highway 191 & Hospital Drive

Chinle

AZ 86503

Small Business Contractors

Provide and install new playground, includes demolition of existing playground.

1. 1 jb

This is a Total Small Business Set-Aside. CCHCF has a requirement for a Contractor to provide CONSTRUCTION services to provide and install new playground, includes demolition of existing playground. Contractor shall provide all labor, materials, equipment, transportation, supervision, and all other necessary items for a complete and useable product in full compliance with the Scope of Work, plans, drawings, and specifications as defined in the solicitation. To submit a quote review the enclosed documents. This solicitation is considered CONSTRUCTION and is conducted as a 100% Small Business Set-a-Side. Estimated Range: Below $200,000; Davis Bacon Wage Rates Apply - Attached; NAICS: 238990; Small Business Size Standard: $15.0M. All Federal Acquisition and other clauses included on the following pages will apply to any resultant purchase order issued for this project. The Offeror must complete Block 12a-Block 16c.

08/19/19; 5:00PM MDST

IHS1382074 08/05/2019 IHS1382074

PROVIDE D&B #(DUNS):

X

Provide LUMP SUM PRICE here. Provide itemized line item prices in Section B of solicitation

1 19

SECTION B - PRICE FEE SCHEDULE

The Contractor’s bid price(s) shall be all inclusive to provide for all labor, material, supplies, transportation, supervision and all other necessary items for a complete and usable project, performing all work in a workman like manner in complete compliance with all plans, drawings, and specifications which are contained in this solicitation.

Note: You are not required to bid all projects.

B.1 BID PRICE - Provide and install new playground, includes demolition of existing playground Bid Item B.1a: Demolition and disposal of existing rubber $_______________ tile surface, asphalt, and playground equipment Bid Item B.1b: New Playground equipment $_______________ Bid Item B.1c: Installation of new playground equipment $_______________ Bid Item B.1d: Shade canopy - 50ft x 50ft $_______________ Bid Item B.1e: Installation of shade canopy $_______________ Bid Item B.1f: Rubber surfacing - 50ft x 50ft $_______________ Bid Item B.1g: Installation of rubber surfacing $_______________ Bid Item B.1h: benches $_______________ Bid Item B.1i: Installation of shade canopy $_______________ Bid Item B.1j: Landscaping $_______________ Bid Item B.1k: Installation of shade canopy $_______________ Bid Item B.1l: Equipment Charge $_______________ Bid Item B.1m: Mobilization to/from site/fuel $_______________ Bid Item B.1n: Navajo Nation tax 6% $_______________

SUB-TOTAL $_______________

Bid Item B.1o: Payment Bond if Sub-Total is over $30,000 $_______________

TOTAL $_______________

SECTION C - DESCRIPTION - SCOPE OF WORK

PROVIDE AND INSTALL NEW PLAYGROUND, INCLUDES DEMOLITION OF EXISTING

PLAYGROUND

SECTION D - PACKAGING AND MARKING

Shipment and Protection of Material and Equipment Construction

All shipments shall be addressed to the Contractor. The Contractor shall be responsible for their receipt, unloading, handling, and storage at the site. The Government will not accept deliveries on behalf of the Contractor or their subcontractors or assume any responsibility for security of materials, equipment, or supplies delivered to the site.

The Contractor shall be responsible, at all times, to protect and preserve all materials, supplies, and equipment of every description and all work performed.

SECTION E – INSPECTION AND ACCEPTANCE

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of clause)

SECTION F – DELIVERIES OR PERFORMANCE

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within THIRTY (30) 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 SIXTY (60) DAYS after work commences.* The time stated for completion shall include final cleanup of the premises.

(End of clause)

PRINCIPAL PLACE OF PERFORMANCE

The work required under this contract shall be performed at the following locations:

Chinle Comprehensive Health Care Facility Housing, Off Highway 191 & Hospital Drive, Chinle, AZ 86503

52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $150.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

SECTION G — CONTRACT ADMINISTRATION DATA

G.1 Invoicing Requirements (a)Invoices shall be prepared and submitted in accordance with the provisions of FAR Clause 52.232-27, PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (Jan 2017).

(b) Invoice shall be submitted in original and one copy to the Contracting Officer. FAX OR

ELECTRONIC INVOICES ARE NOT ACCEPTABLE.

(c) Payments will be made within 30 Calendar days upon receipt and approval of a proper executed invoice by the Contracting Officer.

G.2 Contracting Officer’s Representative (COR) Responsibility

(a) Contracting Officer's Representative: Phillip Antonio, Maintenance Mechanic Supervisor, 928- 725-9810

G.3 Supervisory Point of Contact

(a) Supervisory Point of Contact (SPOC): Gregory Bahe, Supervisory General Engineer, 928-674-

SPOC: is primarily responsible for monitoring the technical progress including surveillance and assessment of performance for this order.

G.4 Pre-Construction Conference The Contractor, at no additional expense to the Government, shall attend a pre-construction conference at the Chinle Comprehensive Health Care Facility, Chinle, AZ on a date and time to be designated by the Contracting Officer. See also FAR Clause 52.236-26 incorporated by reference in Section I.

SECTION H — SPECIAL CONTRACT REQUIREMENTS

H.1 Work Within Tribal Reservation Notice is hereby given that Contractors who perform projects within the interior boundaries of the Reservation must comply with Tribal Employment Rights Ordinance requirements of the local Tribal government. The Contractor shall be responsible for payment of any tribal taxes, permits, fees, or hiring requirements.

H.2 Hours of Work All work shall be performed between 8:00 a.m. and 5:00 p.m. local time, Monday through Friday. In the event that the contractor wishes to work beyond these hours, or on the day of a Government holiday, he shall notify the POC seven (1) day in advance of the date he wishes to work. There shall be no work scheduled on weekends without approval by the SPOC prior to 4:00 p.m. local time on the preceding Thursday.

H.3 Site Ownership This project will be performed on U.S. Government owned land.

H.4 Occupancy of Premises

Before work is started, the contractor shall arrange with the SPOC a sequence of procedures, means of access, space for storage of materials and equipment, use of approaches, corridors, elevators, stairways, parking areas and access roads. The contractor shall notify the SPOC at least seven (7) calendar days in advance and secure specific approval prior to commencing work involving interruptions to Government operations.

The work shall, so far as practicable, be done in definite sections and confined to limited areas to be completed before work in other sections is begun.

H.5 Subcontracts 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. The Contractor shall be responsible to the Government for acts and omissions of his own employees, and of subcontractors and their employees. The Contractor shall also be responsible for the coordination of the work of the trades, subcontractors, and suppliers.

The Government will not undertake to settle any differences between or among the Contractor and his subcontractors or suppliers.

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.6 Subcontracting 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 General Service Administration's (GSA's) List of Parties Excluded from Procurement and Nonprocurement Programs, unless otherwise authorized by the Government in accordance with Subpart 9.4 of the FAR.

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.

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. In addition to submitting a Standard Form 1413 for each subcontractor, the Contractor shall furnish to the Contracting Officer in writing a list of all subcontractors scheduled to perform work under the contract. The list shall include the estimated dollar amount of each subcontract and a statement regarding the small business status of the firm: Small Business, HUBZone, Service Disabled Veteran-Owned, Women-owned, Indian-owned, or the multiple categories under which a subcontractor represents its status.

The Contractor shall include the provisions of paragraphs a., b., and d. of this clause in every subcontract hereunder.

H.7 Standard References 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 (IFB, RFP, or RFQ), except as limited to type, class or grade, or otherwise modified in the specifications.

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.

The Contractor shall maintain on the site, a complete current set of manufacturers' and standards referenced from work under the contract.

H.8 Insurance

(a) Insurance — 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. In accordance with FAR Subpart 28.3--Insurance, the following is the minimum insurance required by the Contracting Officer:

Workers' Compensation and Employer's Liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupations 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 worker's compensation to be written by private carriers.

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

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.9 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 site; and storage or sale of the materials on the site will not be permitted. 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.

GOVERNMENT EQUIPMENT ON THE SITE

Government equipment to remain in place, within the area of contract operations, shall be covered and protected against damage or loss. Equipment temporarily removed shall be protected, cleaned, and replaced equal to its condition prior to starting work under the contract. Security for equipment and material to be reused, removed for temporary storage, shall be the responsibility of the Contractor.

MEASUREMENTS

All dimensions shown of existing work and for connections with work now in place, shall be verified by the Contractor by actual measurements of the existing conditions. Any discrepancies between the drawings and specifications and the existing conditions shall be referred to the Contracting Officer for adjustment before any work affected thereby has been performed.

H.10 Product Approval Products shall be approved by SPOC on site before commencing work.

H.11 Protection The contractor shall provide protection for all parts of the building, its contents, and occupants wherever work under this contract is performed. Furniture, office fixtures, and carpets shall be moved for performance of the work, stored on the premises, protected, and replaced.

The contractor shall provide dustproof enclosures or partitions for protection, in locations approved by the SPOC.

High noise level operations involving equipment such as jackhammers, air compressors, and power actuated tools shall be as approved by the SPOC. Temporary weatherproof partitions with suitable (e.g., doors or windows) shall be provided before exterior sections are removed.

H.12 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 SPOC. 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 SPOC'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.13 Temporary Light and Power 52.236-14 Availability and Use of Utility Services (Apr 1984)

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

SECTION I – CONTRACT CLAUSES

NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.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(es):

http://www.acquisition.gov

NUMBER TITLE DATE

52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.209-6 (Over 30K)

Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.211-13 Time Extensions SEP 2000 52.214-3 Section L

Amendments to Invitation for Bids DEC 2016

52.214-4 Section L

False Statements in Bids APR 1984

52.214-5 Section L

Submission of Bids DEC 2016

52.214-6 Section L

Explanation to Prospective Bidders APR 1984

52.214-7 Section L

Late Submissions, Modifications, and Withdrawals of Bids NOV 1999

52.214-18 Preparation of Bids - Construction APR 1984 52.214-19 Contract Award – Sealed Bidding - Construction AUG 1996 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.219-1 Small Business Program Representations OCT 2014 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 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 Davis-Bacon and Related Act

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

52.222-36 Affirmative Action For Workers With Disabilities JUL 2014 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-2 Affirmative Procurement of Biobased Products Under

Service and Construction Contracts

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data

JAN 1997

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies to Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-13 (30-150K)

Alternative Payment Protections JUL 2000

52.228-14 Irrevocable Letter of Credit NOV 2014 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--Central

Contractor Registration

JUL 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-1 Performance of the Work by Contractor APR 1984 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997)

- Alternate I

FEB 1997

52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Items JAN 2017 52.249-1 Termination For Convenience Of The Government (Fixed-

Price)

APR 1984

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 52.232-40 Providing Accelerated Payments to Small Business Sub-

Contractors

DEC 2013

I.2 Full Text Contract Clauses

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)).

The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction Material Description Unit of Measure Quantity Price (Dollars)* Item 1:

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______

Item 2: _______ _______ _______ Foreign construction material _______ _______ _______ Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I.3 Health and Human Service Clauses

NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

Department of Health and Human Services Applicable Clauses:

352.202-1 Definitions. (JAN 2006) 352.224-70 Privacy Act (January 2006) 352.226-1 Indian Preference (Dec 2015) 352.226-2 Indian Preference (Dec 2015)

352.237-70 Pro-Children Act (DEC 2015)

(a) Public Law 103-227, Title X, Part C, also known as the Pro-Children Act of 1994 (Act), 20 U.S.C.

7183, imposes restrictions on smoking in facilities where certain federally funded children's services are provided. The Act prohibits smoking within any indoor facility (or portion thereof), whether owned, leased, or contracted for, that is used for the routine or regular provision of: (i) kindergarten, elementary, or secondary education or library services or (ii) health or day care services that are provided to children under the age of 18. The statutory prohibition also applies to indoor facilities that are constructed, operated, or maintained with Federal funds.

(b) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act. The Act also applies to all subcontracts awarded under this contract for the specified children's services. Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act.

Failure to comply with the Act may result in the imposition of a civil monetary penalty in an amount not to exceed $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. Each day a violation continues constitutes a separate violation.

352.226-3 Native American Graves Protection and Repatriation Act (DEC 2015)

(a) Public Law 101–601, dated November 16, 1990, also known as the Native American Graves Protection and Repatriation Act, imposes certain responsibilities on individuals and organizations when they discover Native American cultural items (including human remains) on Federal or tribal lands.

(b) In the event the Contractor discovers Native American cultural items (including human remains, associated funerary objects, unassociated funerary objects, sacred objects and cultural patrimony), as defined in the Act during contract performance, the Contractor shall—

(1) Immediately cease activity in the area of the discovery;

(2) Notify the Contracting Officer of the discovery; and

(3) Make a reasonable effort to protect the items discovered before resuming such activity. Upon receipt of the Contractor’s discovery notice, the Contracting Officer will notify the appropriate authorities as required by the Act.

(c) Unless otherwise specified by the Contracting Officer, the Contractor may resume activity in the area on the 31st calendar day following the date that the appropriate authorities certify receipt of the discovery notice. The Contracting Officer shall provide to the Contractor the date that the appropriate authorities certify receipt of the discovery notice and the date on which the Contractor may resume activities.

352.223-70 Safety and Health (DEC 2015)

(a) To help ensure the protection of the life and health of all persons, and to help prevent damage to property, the Contractor shall comply with all Federal, State, and local laws and regulations applicable to the work being performed under this contract. These laws are implemented or enforced by the Environmental Protection Agency, Occupational Safety and Health Administration (OSHA) and other regulatory/enforcement agencies at the Federal, State, and local levels.

(1) In addition, the Contractor shall comply with the following regulations when developing and implementing health and safety operating procedures and practices for both personnel and facilities involving the use or handling of hazardous materials and the conduct of research, development, or test projects:

(i) 29 CFR 1910.1030, Bloodborne pathogens; 29 CFR 1910.1450, Occupational exposure to hazardous chemicals in laboratories; and other applicable occupational health and safety standards issued by OSHA and included in 29 CFR part 1910. These regulations are available at https://www.osha.gov/.

(ii) Nuclear Regulatory Commission Standards and Regulations, pursuant to the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.). The Contractor may obtain copies from the U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001.

(2) The following Government guidelines are recommended for developing and implementing health and safety operating procedures and practices for both personnel and facilities:

(i) Biosafety in Microbiological and Biomedical Laboratories, CDC. This publication is available at http://www.cdc.gov/biosafety/publications/index.htm.

(ii) Prudent Practices for Safety in Laboratories (1995), National Research Council, National Academy Press, 500 Fifth Street, NW., Lockbox 285, Washington, DC 20055 (ISBN 0–309–05229– 7). This publication is available at http://www.nap.edu/catalog/4911/prudent-practices-in-the-laboratory-handling-and-disposal-of-chemicals.

(b) Further, the Contractor shall take or cause to be taken additional safety measures as the Contracting Officer, in conjunction with the Contracting Officer’s Representative or other appropriate officials, determines to be reasonably necessary. If compliance with these additional safety measures results in an increase or decrease in the cost or time required for performance of any part of work under this contract, the Contracting Officer will make an equitable adjustment in accordance with the applicable “Changes” clause set forth in this contract.

(c) The Contractor shall maintain an accurate record of, and promptly report to the Contracting Officer, all accidents or incidents resulting in the exposure of persons to toxic substances, hazardous materials or hazardous operations; the injury or death of any person; or damage to property incidental to work performed under the contract resulting from toxic or hazardous materials and resulting in any or all violations for which the Contractor has been cited by any Federal, State or local regulatory/enforcement agency. The report citing all accidents or incidents resulting in the exposure of persons to toxic substances, hazardous materials or hazardous operations; the injury or death of any person; or damage to property incidental to work performed under the contract resulting from toxic or hazardous materials and resulting in any or all violations for which the Contractor has been cited shall include a copy of the notice of violation and the findings of any inquiry or inspection, and an analysis addressing the impact these violations may have on the work remaining to be performed. The report shall also state the required action(s), if any, to be taken to correct any violation(s) noted by the Federal, State, or local regulatory/enforcement agency and the time frame allowed by the agency to accomplish the necessary corrective action.

(d) If the Contractor fails or refuses to comply with the Federal, State or local regulatory/enforcement agency’s directive(s) regarding any violation(s) and prescribed corrective action(s), the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action (as approved by the Federal, State, or local regulatory/enforcement agencies) has been taken and documented to the Contracting Officer. No part of the time lost due to any such stop work order shall form the basis for a request for extension or costs or damages by the Contractor.

(e) The Contractor shall insert the substance of this clause in each subcontract involving toxic substances, hazardous materials, or hazardous operations. The Contractor is responsible for the compliance of its subcontractors with the provisions of this clause.

SECTION J — LIST OF ATTACHMENTS

The following documents are attached hereto and made a part of this contract:

ATTACHMENT

NUMBER TITLE

J-1 Department of Labor Wage Determination, General Decision Number: AZ190022 07/26/2019

SECTION K – INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

TYPE OF CONTRACT (FAR 52.216-1)(APR 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

K.1 Other Communications - Regarding this Solicitation Questions or comments regarding this solicitation must be submitted in writing, cite the solicitation number, and be directed to the following Government representative:

Name: Ms. Tanya M. Begay, Supervisory Contract Specialist Email: tanya.begay2@ihs.gov .

Oral questions will not be answered due to the possibility of misunderstanding or misinterpretation.

Questions or comments should be submitted FIVE calendar days prior to the closing date for receipt of proposals to allow for analysis and dissemination of responses in advance of the due date for proposals.

Late questions or comments are not guaranteed a response prior to the proposal due date.

FAR 52.236.28 PREPARATION OF PROPOSALS – CONSTRUCTION (OCT 1997)

(a) Quotes must be (1) submitted on the forms furnished by the Government or on copies of those forms;

and (2) manually signed. The person signing a quote must initial each erasure or change appearing on any quote form.

(b) The quote form may require offerors to submit proposed prices for one or more items on various bases, including—

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a quote on all items, failure to do so may result in the quote being rejected without further consideration. If a quote on all items is not required, offerors should insert the words “no quote” in the space provided for any item on which no price is submitted.

(d) Alternate quotes will not be considered unless this solicitation authorizes their submission.

(End of provision)

K.2 Proposal Instructions - Information to be Submitted by Offeror

Submit quote/offer to via email to the Contracting Officer (CO): Tanya Begay at tanya.begay2@ihs.gov

Title the email as: "OFFER ENCLOSED - RFQ IHS1382074"

Offerors shall submit the following:

1) Request For Quote Form (Standard Form18) completed & signed

2) Section B — Price Fee Schedule completed

3) Experience: Provide evidence in providing similar services to Federal Government or other large commercial/government entities within the last three (3) years of operation.

4) Past Performance: Provide three (3) references, name, title, organization name, telephone number, and email address.

5) Specifications: Provide your product specifications for all components: playground equipment, shade canopy, rubber surfacing, and benches

6) Warranty: Provide warranty terms for both labor and material.

Offers/Quotes: This is not a public bid opening. Quotes are due not later than the time and date identified.

K.3 Payment Bonds for Construction Contracts If offer is over $30,000.00 and under $150,000.00 a Payment Bond is used to comply with FAR 52.228-13, Alternative Payment Protections (JUL 2000), the following shall apply:

Within 10 days of contract award the contractor shall provide good and sufficient surety or sureties acceptable to the Government.

The contractor shall furnish all bonds including any necessary reinsurance agreement, before receiving a notice to proceed with the work or being allowed the start work.

PAYMENT BONDS

The penal amount of payment bonds shall equal-

(i) 100 percent of the original contract price; and

(ii) If the contract price increases, an additional amount equal to 100 percent of the increase.

The Government shall secure additional protection by directing the contractor to increase the penal sum of the existing bond or to obtain an additional bond.

K.4 Wage Rates Any class of laborers and mechanics not listed in the wage-rates, which class will be employed on this contract, shall be classified or reclassified conformably to the schedule. If interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question, accompanied by the recommendation of the Contracting Officer, shall be referred to the Secretary of Labor for final determination. Upon approval, the additional classification and rate shall be posted with the wage determination. Fringe-benefit payments indicated in the wage-rate determination must be irrevocably paid to a trustee or to a third person pursuant to a fund, plan, or program. If no such plan is in effect, then cash allowance equal to the amount of the fringe benefits must be paid directly to the employee.

Method of payment must be shown on all payrolls submitted under the contract.

K.5 FAR 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

The Contractor, at no additional expense to the Government, may coordinate with Point of Contact: Gregory Bahe, Supervisory General Engineer, 928-674-7290 to request a PRE-BID

SITE VISIT.

SECTION L – EVALUATION FACTORS FOR AWARD

L.1 EVALUATION OF QUOTES

The Government reserves the right to issue a single award or multiple awards to the contractor(s) whose quote represents the best value as defined by FAR 2.101. In determining best value, the following Evaluation Factors will be considered: Past Performance, Experience, Specifications, and Warranty. The Evaluation Factors and significant sub factors when combined are significantly more important than cost or price. The socio-economic status of an offeror may also be considered, should one or more quotes represent the best value. To be eligible for contract award under this solicitation offerors shall be registered in System for Award Management (SAM) database and have an active account throughout the duration of the contract.

"General Decision Number: AZ20190022 07/26/2019

Superseded General Decision Number: AZ20180023

State: Arizona

Construction Type: Building BUILDING CONSTRUCTION, Includes Building Construction on Treatment Plants and on Industrial Sites (Chemical/Processing/Manufacturing Plants, Power Plants, Refineries, Nuclear Plants, Etc.)

County: Apache County in Arizona.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is

Page 1 of 10beta.SAM.gov

7/26/2019https://beta.sam.gov/wage-determination/AZ20190022/4/document

ATTACHMENT J-1

higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).