RFP 75H70120R00026 (Georgeville).pdf

(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

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

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

is, is not required.

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

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

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

75H70120R00026

Indian Health Service - DES Seattle 701 5th Avenue, Suite 1600 Seattle, WA 98104

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

Indian Health Service - Portland Area Office is issuing Request for Proposals (RFP) 75H70120R00026

Project Title: Georgeville Wastewater System Improvements

Location: Georgeville, WA; Klickitat County

Davis Bacon Act Wage Determination WA20200031, dated January 24, 2020 is applicable to this solicitation and resulting contract unless modified prior to award. The most up-to-date version of this wage determination will be incorporated at award.

This RFP is being solicited as 100% Small Business Set Aside under NAICS 237110, Water and Sewer Line Related Structures Construction; $39.5M Size Standard.

Magnitude of Construction is $500,000 and $1,000,000.

Site Visit: March 10, 2020 at 9:30am PST; See FAR 52.236-27, Site Visit (Construction) Alt I, for details.

Proposal Due Date: March 26, 2020 no later than 2:00pm PST.

See Item 7

Toby Hayden 503-414-5524 or toby.hayden@ihs.gov

PO-18-M55

1 3502/25/2020

03/26/2020

2:00pm

FAR 52.211-10

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

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

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

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

30b. SIGNATURE 30c. DATE

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

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Solicitation No. 75H70120R00026 – Georgeville Wastewater System Improvements 3

SECTION B. PRICE SCHEDULE

B.1. PRICE SCHEDULE (Offeror Fill-in Section J, Attachment J01)

CLIN DESCRIPTION QTY UNIT UNIT COST TOTAL COST

1 Mobilization 1 JOB L.S. $

2 Clearing and Grubbing 1 JOB L.S. $

3 Exploratory Excavation 4 HR $

4 Septic Tank Removal 1 JOB L.S. $

5 Erosion and Sediment Control 1 JOB L.S. $

6 Structural Excavation 200 CY $

7 Rock Excavation 120 CY $

8 Site Grading 1 JOB L.S. $

9 Crushed Surfacing Top Course 100 TN $

10 Temporary Sewage Bypass Pumping 1 JOB L.S. $

11 Existing Septic Tank Repair 1 JOB L.S. $

12 Septic Tank Pumping 20000 GAL $

13 Fiberglass Reinforced Plastic Equalization Tank 1 JOB L.S. $

14 Equalization Tank Pump System 1 JOB L.S. $

15 Packaged Recirculating Packed Bed Filtration Unit 1 JOB L.S. $

16 Fiberglass Control Building 1 JOB L.S. $

17 Reinforced Concrete Pad for Control Building 1 JOB L.S. $

18 Facility Water Service 1 JOB L.S. $

19 Plumbing Fixtures and Equipment 1 JOB L.S. $

20 Integrated Treatment System Control Panel 1 JOB L.S. $

21 Interior Process Piping (Headworks) 1 JOB L.S. $

22 Trench Excavation - Drip Supply and Return Lines 920 LF $

23 Pipe Bedding - Drip Supply and Return Lines 920 LF $

24 CDF Water Stop 4 EA $

25 Drip Supply Line 2" 2,950 LF $

26 Drip Return Line 1.5" 1,030 LF $

27 Drip Supply and Return Manifolds 12 EA $

28 Drip Dispersal Line, 1/2 GPH 11,520 LF $

29 Drip Drainfield Imported Drainage Sand 2,220 CY $

30 Drip Drainfield Imported Topsoil 600 CY $

31 Seeding, Fertilizing, and Mulching 1 AC $

32 Trench Excavation - Exterior Process Piping 550 LF $

33 Pipe Bedding - Exterior Process Piping 550 LF $

34 Exterior Process Piping 550 LF $

35 Electrical (General) 1 JOB L.S. $

TOTAL FIRM FIXED PRICE (BASE LINE ITEMS) $

36 OPTION: 8' Chain Link Fence 965 LF $

37 OPTION: 16' Double Swing Gate 1 EA $

TOTAL FIRM FIXED PRICE (OPTION LINE ITEMS) $

TOTAL FIRM FIXED PRICE (BASE + OPTIONS) $

KEY: AC = Acre; CY = Cubic Yard; GAL = Gallon; LS = Lump Sum; EA = Each, HR = Hour, LF = Linear Feet; and TN = Ton

Solicitation No. 75H70120R00026 – Georgeville Wastewater System Improvements 4

SCHEDULE NOTES

B.2. Disclosure of the Magnitude: In accordance with FAR 36.204, the estimated price of this project is between $500,000 and

$1,000,000.

B.3. Incidental Payment Items: The intent of the contract is to provide for the complete work of the project described in the contract.

Unless otherwise provided, the contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies, and perform all work required to complete the project in accordance with the drawings, specifications, and provisions of the contract. Payment for contract work will be made for and under those pay items included in the Price Schedule (see payment description included in

Attachment J02, Section 01 20 00- Price and Payment). All other work and materials will be considered as incidental to and included in the payment for items shown.

B.4. Estimated Quantities: The quantities are provided in the price schedule are estimates for evaluation purposes only. The

Government is not obligated to order the estimated amounts specified in the schedule. The estimates provided do not establish any minimum purchase limit for which the Government is obligated.

B.5. Taxes & Fees: Offerors are responsible for allowing for all applicable state, local and tribal (where applicable) taxes and fees within their proposals and to perform their own due diligence in ascertaining them. The contractor is responsible to pay all applicable

Tribal fees and/or taxes, or applicable requirements that may be incurred as a result of this project. Failure on the part of the successful Offeror not to include these fees or the appropriate impacts will not constitute a request for an equitable adjustment to the contract price.

B.6. Pricing Data Submission: In accordance with FAR 15.403-3(a)(ii), Requiring Data Other Than Certified Cost or Pricing Data, the Contracting Officer may request, and offerors must be prepared to submit, pricing data to show a further breakdown of costs for the above CLINs. 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 must have the direct labor cost and the direct material cost broken out.

B.7. Wage Determination: Davis-Bacon wages shall be paid for all applicable labor categories for each price schedule line item and should be included in all pricing in accordance with FAR 52.222-6, Construction Wage Rate Requirements. The applicable Wage

Determination is included in Section J, Attachment J07. The most up to date version will be incorporated at award.

B.8. Period of Performance

The contractor shall proceed and complete the work, including cleanup within 120 days after issuance of the Notice to Proceed (NTP).

The award is not the NTP for this contract work. Contract completion can be adjusted for any long lead items if requested in writing to the Contracting Officer. The contractor must not commence work until it has been issued a NTP. Prior to issuance of a NTP, the contractor must submit for approval performance and payment bonds, a project schedule showing the date when on-site work will begin, the date the work will be completed, and all required insurance. No work will be performed on Saturdays, Sundays, federal holidays, or Tribal holidays without prior approval from the Contracting Officer (CO).

B.9. SF1442, Block 24: Invoices for payment shall be reviewed and signed by the Contracting Officer’s Representative (COR)

(signature) prior to submission to the CO. The signed payment invoice shall be sent via e-mail to Contracting Specialist

(toby.hayden@ihs.gov) and COR (samantha.handrock@ihs.gov).

B.10. Definitions: For purposes of this solicitation, the terms Offer, Offeror, or Offerors are synonymous with the terms Bid, Bidder, or Bidders.

B.11. Contract Specific Terms & Conditions

B.11.1. Bid Bond: A Bid Guarantee IS required.

B.11.2. Payment and Performance Bonds ARE required in accordance with FAR 28.102-2.

B.11.3. Questions regarding the solicitation and project must be submitted in writing to Toby Hayden, Contract Specialist, via e-mail at toby.hayden@ihs.gov. Questions will be accepted up to 10 days before proposal due date. The Government is not obligated to answer any questions submitted after this date.

B.11.4. Furthermore, all questions shall be submitted by the prime contractor(s) on behalf of their subcontractor(s) and supplier(s) to the contract Specialist. Questions submitted by subcontractors and/or suppliers directly to the contract specialist will be rejected and not answered.

B.11.5. Due Date: Proposals are to be submitted via e-mail to the assigned Contract Specialist/Contracting Officer by the date and time indicated in Block 13 of the SF1442.

Solicitation No. 75H70120R00026 – Georgeville Wastewater System Improvements 5

B.11.6. Acceptance Period: Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

B.7. Other 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

Solicitation No. 75H70120R00026 – Georgeville Wastewater System Improvements 6

SECTION C. STATEMENT OF WORK

A. PROJECT DESCRIPTION

This project will rehabilitate the Large Onsite Septic System (LOSS) in the Georgeville community, WA. This project will install an equalization tank, recirculating textile media filter treatment unit, control building, and a subsurface drip drainfield. Existing septic tanks will be repaired and obsolete system components will be removed. Installation includes telemetry and all necessary electrical work. The system rehabilitation will increase the treatment capacity to meet the community needs and increase treatment quality.

B. MAGNITUDE OF CONSTRUCTION

In accordance with FAR 36.204, the estimated price of this project is between $500,000 and $1,000,000.

C. OWNERSHIP

This project will make improvements to the sewer system owned by the Yakama Nation. Upon completion, the improvements will be transferred to the Yakama Nation. The system will be operated by the Yakama Nation.

Yakama Nation

PO Box 151

Toppenish, WA 98948

Marlene White, Tribal Water and Sewer Program Manager

Ph: 519-865-5121 x4607

Email: Marlene_White@Yakama.com

D. TERO

The Yakama Nation has a TERO office and TERO requirements. The TERO office contact information is as follows:

410 S. G Street.

Toppenish, WA. 98948

Mailing Address:

Attention To: Tamara Spencer TERO Director

PO BOX 151

Toppenish, WA 98948

Phone: (509) 314-6701 http://www.yakamanation-nsn.gov/TERO.php

E. SCOPE OF WORK

The scope of work for this project comprises of the renovation of the existing wastewater treatment system to include but not limited to the following: installation of a packaged recirculating filter unit with a duplex 2.0 HP, 145 GPM pump and two 0.5 HP, 20 GPM pumps, a 9,000 gal. fiberglass equalization tank with duplex 0.5 HP, 20 GPM pumps, a prefabricated control building, and a mounded subsurface drip disposal field with 6 zones, 12 laterals per zone, 160’ per lateral. Other miscellaneous components involved in the renovation include but are not limited to: PE pipe, 1” water service line, CDF trench water stops, system controls, water tightness repairs, bypass pumping, septic tank removal, and all other work as specified. The contractor is responsible for keeping the existing wastewater facilities operational and accessible to the Utility/Owner throughout the duration of this construction project.

The contractor shall perform all sewer system improvements specified within the attached Technical Specifications (Section J, Attachments J02, J03 and J04) and Drawings (Attachment J05).

F. SITE VISIT

An organized site visit is scheduled; see contract clause FAR 52.237-1 Alt I for details.

G. PROJECT COMPLETION TIME

Project completion date is 120 calendar days from the Notice to Proceed (NTP)

H. SUBMITTALS

The contractor shall comply with the submittal requirements stated within Attachment J02. Items that require submittals can be found in Attachments J03 and J04. A complete list of required submittals can be found in Attachment J06.

Solicitation No. 75H70120R00026 – Georgeville Wastewater System Improvements 7

SECTION D. PACKAGING AND MARKING

All shipments of materials, equipment and/or supplies to the project site must be addressed to the contractor and not the Indian Health

Service. Preservation, packaging and packing must 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.

Equipment and materials provided by the contractor must be new and, where appropriate, must arrive on-site sealed in original manufacturer’s containers. The Government reserves the right to refuse any items it determines to not meet these requirements.

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.

Solicitation No. 75H70120R00026 – Georgeville Wastewater System Improvements 8

SECTION E. INSPECTION AND ACCEPTANCE

The following clauses are incorporated by reference (see FAR 52.252-2):

FEDERAL ACQUISITION REGULATION (FAR)

CLAUSE

NUMBER

TITLE DATE

52.246-12 Inspection of Construction AUG 1996

E.1. INSPECTIONS

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

(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.

(2) This includes commissioning, 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 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.

(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.

Solicitation No. 75H70120R00026 – Georgeville Wastewater System Improvements 9

SECTION F. DELIVERIES OF PERFORMANCE

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

The Contractor shall be required to

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

(b) prosecute the work diligently, and

(c) complete the entire work within 120 calendar days of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises. Performance time will include submittals and approvals.

(End of Clause)

F.1. PROJECT MANAGEMENT

The contractor shall meet with the COR prior to beginning on-site work to discuss general security and operations requirements.

Construction activities shall be coordinated with COR to ensure that there are no detrimental impacts on the day to day operations of the existing facilities.

F.2. SUPERINTENDENT ON SITE

Reference FAR 52.236-6 Superintendence by the Contractor. The contractor shall ensure that the Project Superintendent is on site at all times work is being performed by the contractor or subcontractor(s). They shall directly oversee all apprentice and subcontractor work. The Project Superintendent is also responsible to ensure all labor and safety requirements are complied with; and ensure that the worksite is cleaned up at the end of each work day.

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

F.3. PROJECT SCHEDULE

(a) The Contractor shall develop a detailed schedule in Microsoft Project or approved equal. The first draft of the schedule must be presented at the pre-construction meeting. A completed schedule must be submitted within 5 calendar days after work commences, or agreed to date determined during the pre-construction meeting. Refer to FAR 52.236-15, Schedules for Construction

Contracts. This schedule shall include key milestones of the project, including start and finish dates, visual assessments, laboratory testing, remediation and demolition, as well as proposed closeout durations.

(b) The contractor shall actively maintain and update the schedule as required by the COR. The contractor is responsible for ensuring that the schedule is current and that the COR and Contracting Officer have a current copy.

(e) A copy of the most current project schedule shall be submitted with each progress payment/invoice request.

Solicitation No. 75H70120R00026 – Georgeville Wastewater System Improvements 10

SECTION G. CONTRACT ADMINISTRATION DATA

G.1. CONTRACTING OFFICER’S AUTHORITY

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

G.2. CONTRACTING OFFICER’S REPRESENTATIVE

(a) A Contracting Officer's Representative (COR) may be appointed for the purpose of representing the Contracting Officer and assuring compliance with the contract requirements. The COR may be changed at any time by the Government without prior notice to the Contractor by a unilateral modification to the contract. The COR is appointed in writing and the contractor will receive a copy of the appointment letter.

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

(c) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The

Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the Contractor.

G.3. 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 proposal with value(s) for each principal category of the work which when added together equal the total contract price. A sample format is available from the Contracting Officer upon request. 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 included and shall be at least 20 percent of the mobilization cost. 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 Designated

Billing Office. Use of a format that complies with all of the requirements of the “Payments” clause of the contract is mandatory. A sample format is available from the Contracting Officer.

(2) The contractor is responsible for delivery of each request for payment to the billing office. Hand delivery to the COR in the field does not constitute delivery to the billing office.

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

(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.

Solicitation No. 75H70120R00026 – Georgeville Wastewater System Improvements 11

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

G.4. CERTIFICATION OF PAYMENTS – RELEASE OF CLAIMS (ROC)

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

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

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

G.5. INVOICE REQUIREMENTS

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

(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 (Dec 2013)

(b) The Designated Billing Office for this contract is the same as the address for correspondence, sent to the attention of the

Contracting Officer. Invoices for payment shall be sent via e-mail to the COR and CO for processing and approval.

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

(d) The final invoice must be marked “Final” and be accompanied by a Release of Claims form, which states the final payment as outstanding, in the Remarks field. The Release of Claims form is available from the CO. Final payment will be made within 30

Calendar days upon receipt of a properly executed invoice.

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

Note: In accordance with FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)—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.6. 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.

Solicitation No. 75H70120R00026 – Georgeville Wastewater System Improvements 12

(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.7. ADDRESS FOR CORRESPONDENCE

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

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

Indian Health Service – Portland Area Office

Attn: Toby Hayden

1414 NW Northrup St., Suite 800

Portland, OR 97209

Solicitation No. 75H70120R00026 – Georgeville Wastewater System Improvements 13

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H.1. SUBCONTRACTS

(a) Nothing contained in the contract shall be construed as creating any contractual relationship between any subcontractor and the

Government. The divisions or sections of the specifications are not intended to control the contractor in dividing the work among subcontractors, or to limit the work performed by any trade.

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

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

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

(e) Within 10 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 10 days after the award of any subsequently awarded subcontract the Contractor shall deliver to the Contracting

Officer an updated completed SF 1413 for such additional subcontract.

H.2. SUBCONTRACTING

(a) In connection with the performance of work under this contract, the contractor shall not subcontract with any subcontractor who, at the time of subcontract award, is listed as an excluded party within the System for Award Management (SAM) unless otherwise authorized by the Government in accordance with Subpart 9.4 of the Federal Acquisition Regulations.

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

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

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

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

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

H.3. STANDARD REFERENCES

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

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

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

H.4. WORK HOURS, FEDERAL HOLIDAYS AND ACTIVE GOVERNMENT OPERATIONS

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

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(b) The Government only recognizes the legal holidays established by federal statue. A list can be found on the OPM website:

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=2020

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

H.5. MATERIALS AND EQUIPMENT

(a) The material and equipment to be furnished under these contract documents shall be the standard products of manufacturers regularly engaged in the production of such materials and equipment and shall be the manufacturer's latest standard design.

(b) All materials and equipment to be incorporated in the work shall be handled and stored by the manufacturer, fabricator, supplier and Contractor before, during and after shipment in a manner to prevent warping, twisting, breaking, chipping, rusting and any injury, theft or damage of any kind whatsoever to the materials and equipment. All materials and equipment furnished by Contractor shall be subject to inspection and approval by the CO or COR.

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

H.6. OPERATION AND STORAGE AREAS

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

H.7. AVAILABILITY OF UTILITY SERVICES

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

H.8. PRECONSTRUCTION CONFERENCE

Reference FAR 52.236-26 Preconstruction Conference. The Contracting Officer will conduct a preconstruction conference. Location is TBD until award, but will most likely be at the site. The Contracting Officer, COR, and contractor are required to participate. The

Contracting Officer may designate required attendance for subcontractors. The Contracting Officer and COR may attend the conference via conference or video call.

H.9. TRUCKING

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

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

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

H.10. SALVAGE

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

H.11. NEW WORK

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

H.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 Contracting Officer. Work remaining in place damaged or defaced during this contract shall be restored to the condition at time of award of contract.

(b) Discolored or unfinished surfaces exposed by removal of existing work and indicated to be the final exposed surfaces shall be refinished or the material shall be replaced to be uniform and harmonious with contiguous work. Work out of alignment, where exposed by removal of existing work, shall be called to the Contracting Officer’s attention. Corrective work, directed by the

Contracting Officer will be subject to adjustment of the contract in accordance with FAR 52.236 2, “Differing Site Conditions.”

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=2020

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H.13. WARRANTY OF CONSTRUCTION

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

H.14. AS BUILT DRAWINGS

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

H.15. EQUITABLE ADJUSTMENTS DUE TO CHANGES

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

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

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

(3) Construction equipment

(4) Workmen’s compensation

(5) Overhead

(6) Profit

(7) Employment taxes under FICA, FUTA and SUTA

(8) Bond (prime contractor only)

(9) Sales Tax

(10) Direct Performance Time of Change

(11) Impact on Schedule, if any

(12) Impact Costs, if any

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

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

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

(e) Should a proposal cost exceed the certified cost or pricing data threshold or is required for a lesser amount at the direction of the

Contracting Officer for a change, certified cost or pricing data should be submitted in a format which satisfies the requirements of

FAR 15.4. When certified cost or pricing data are required, the Contractor shall submit an executed Certificate of Current Cost or

Pricing Data (FAR 15.406-2) as soon as practicable after price agreement is reached.

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

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

The percentages of overhead to be allowed by the Contracting Officer will be 10% for all contract changes performed by the Prime

Contractor personnel and 5% for all contract change work performed by subcontract personnel.

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

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Overhead Profit

To subcontractors and/or to the contractor for work performed with its own forces 10% 1% - 10%

To subcontractors and/or to the Contractor on work performed by other than its own forces: 5% 1% - 5%

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

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

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

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

H.16. INSURANCE

FAR 52.228-5, Insurance Work on a Government Installation, states that "The contractor shall, at its own expense, provide and maintain during the entire performance period of this contract, at least the kinds and minimum amounts of insurance required in the schedule or elsewhere in the contract." The following is the minimum insurance required by the Contracting Officer:

(a) Workers' Compensation and Employer's Liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so comingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least

$100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

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

(c) Automobile Liability: Automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H.17. ORDER OF PRECEDENCE – REQUIREMENTS, SPECIFICATIONS, DRAWINGS

Resolve any inconsistencies in the specifications of this solicitation and any resultant contract by giving precedence in the following…