Sol_140A1621Q0024.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040510977

BIA CENTRAL 00016

12220 Sunrise Valley Drive

Contracting Office Reston VA 20191

A16

Lorna Craig (360) 9914051

101/17/2021

140A1621Q0024

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

SPOKANE DETENTION CENTER ROOF AND SKYLIGHT REPAIR AND REPLACEMENT

Location: Wellpinit, Stevens County, WA

Magnitude: This project is expected to be between $25,000 and $100,000.

DOL Wage Determinations for Stevens County, WA apply to this requirement.

Period of Performance is 30 days after Notice to Proceed.

The requirement is a total set aside for small Native American owned business ISBEE

The NAICS Code is 236220 and the small business size standard is $39.5

There is a site visit on January 21, 2021 at 1300 PST, notify local contact, William

Bakke at (509) 258-4562 Ext 102 before attending.

Questions are due by 1700 PST on January 22, 2021 in writing to Lorna Craig at lorna.craig@bia.gov

Solicitation responses shall be sent by email only. No mailed packages. Email to lorna.craig@bia.gov

Response date is: February 1, 2021 at 1700 PST.

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, 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.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 30 calendar days and complete it within ________________ ________________ calendar days after receiving

02/01/2021

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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 by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

Shaun Mcginnis

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish 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, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 87

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A1621Q0024

Legacy Doc #: IA

00010 Roof Replacement

Product/Service Code: Z2FF

Product/Service Description: REPAIR OR ALTERATION

OF PENAL FACILITIES

Period of Performance: 10/14/2020 to 09/30/2021

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation 140A1621Q0024 Page 4 of 87

SECTION B – PRICE SCHEDULE

B.1. INSTRUCTION TO OFFERORS

A. The offer takes into consideration amendments, and addendums to the plans and specifications, the receipt of which is acknowledged in the space provided on the reverse side of the Solicitation, Offer, and Award, Standard Form 1442.

B. Contract Award: Award will be made against the Department of the Interior, Bureau of Indian Affairs, Office of Acquisitions. Award will be made to the lowest priced offeror, whose proposal is conforming to the requirements herein, will be most advantageous to the Government, and is fair and reasonable.

This will be a Fixed Price Contract. Thus, the Government reserves the right to make award to the lowest price proposal that is in the best interest to the Government.

C. The offerors shall include in the line items: All applicable taxes and each line item. Failure to include these costs in the line item shall be considered non-responsive.

B.2. REQUIRED WORK

The proposed work consists of furnishing all labor, materials, equipment, supervision, and incidentals necessary to replace the roof and skylights in the accordance with the Statement of Work.

Period of Performance: 30 Calendar days from the issuance of the Notice to Proceed.

B.3. PROJECT LOCATION:

Spokane Adult Detention Center 249 Agency Square, Wellpinit, WA 99040

B.4. SITE VISIT: A site visit will be held on January 21, 2021, at 1300 PST. Notify contact William Bakke, William.bakke@bia.gov or call (509) 258-4562 extension 102 if plan to attend.

Contractor should send no more than one representative to site visit due to COVID safety

Hold all questions and submit by email to lorna.craig@bia.gov no later than January 22, 2021 at 1700

PST.

mailto:William.bakke@bia.gov mailto:lorna.craig@bia.gov

Solicitation 140A1621Q0024 Page 5 of 87

B.5. OFFEROR’S SCHEDULE

OFFEROR’s SCHEDULE

The Offeror must be submitted a complete breakdown of your total price please include the Unit Price Schedule (included but not limited to all supplies, materials, and transportation of materials needed to complete each job). Award will be made as one line item for the total price of the job.

B.5. Miscellaneous Work: The contractor shall not perform any of contingent sum work, until the Contracting Officer issues a contract modification authorizing performance of work in accordance with FAR Clause 52.243-04, Changes, and FAR Clause 52.243-05, Changes and Changed Conditions; and subject to availability of funds, FAR Clause 52.232-18, Availability of Funds.

The Contractor shall promptly notify the Contracting Officer, in writing, of subsurface or any physical conditions from those indicated in this contract or unknown unusual physical conditions at the site before proceeding with the work.

The change orders request shall be forwarded to the Contracting Officer by memorandum outlining the need and a justification for the change order. Upon receipt of a change order request, the Contracting Officer will request a cost proposal from the Contractor. All cost proposals shall be in detail and itemized, showing price breakdown in sufficient detail to permit an analysis of cost for material, labor, equipment, hours, taxes, insurance, bonds, overhead costs, profit, and complete description of work involved in the change order, including any time extension.

In an emergency situation, a telephone approval may be granted by the Contracting Officer, and immediately the Contractor shall follow through by submitting a written cost proposal to the Contracting Officer. The Contracting Office will issue a contract modification to authorize the work for the "emergency".

END OF SECTION B – PRICE SCHEDULE

ITEM# SUPPLIES/SERVICES QTY UNIT PRICE

0001 Demolition of old roofing and skylights 1 Job

0002 New Membrane Installation (IAW SOW Section C.c.) 1 Job

0003 New roof materials - total price 1 ea

0004 New skylights 1 Job

0005 Site Cleanup 1 Job

0006 Performance/Payment Bonds if the proposal exceeds $35,000. 1 Job

0007 TERO fees 1 ea

TOTAL

PRICE:

Solicitation 140A1621Q0024 Page 6 of 87

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

STATEMENT OF WORK

Spokane Detention Center

Roof Replacement at Building 249

C.1 STATEMENT OF WORK

1.1. SCOPE OF WORK: This Statement of Work (SOW) defines the scope of a full range of construction, demolition, and construction associated activities necessary to maintain, repair, alter and/or construct real property at the Spokane Detention Center. The address of the facility is listed below:

Spokane Adult Detention Center 249 Agency Square, Wellpinit, WA 99040

1.2. WORK RESPONSIBILITY: The Contractor shall furnish all materials, equipment and personnel necessary to manage and accomplish the work. The Contractor shall provide sufficient technical support and project management to assure quality, accuracy of estimates, accommodate a number of concurrent “active” projects, provide flexibility of design staff and subcontractor pool to handle rapid increases in work volume, perform according to schedule (including completion on time), and process submittals and payrolls in a timely manner. Additionally, the Government will rely on the Contractor’s expertise in recognizing and addressing problematic issues and successful execution of each construction contract. It is the Government’s clear expectation that projects executed against this contract shall exhibit superior quality, responsiveness, and customer service.

1.3. CONTRACTOR SUPERVISION REQUIREMENTS: The Contractor shall provide all supervision for work performed by Contractor personnel. The Government will not exercise any supervision or control over Contractor employees or sub-contractors performing work under the contract.

The Contractor, in turn, shall be accountable to Government for their employees and sub-contractors. The Contract Manager, or designated representative, shall be responsible for ensuring that required supervision of Contractor and sub-contractor personnel will be provided for all work performed under this contract, at all locations.

1.4. SAFETY: The contractor shall follow the most current version of NFPA 70E under this contract and conform to the safety requirements established by the Occupational Safety and Health Administration (OSHA). The Contractor shall furnish all required personal protective equipment (PPE). The Contractor shall follow Safety Guidelines: BIA Division of Safety and Risk Management: Safety, Health and Accessibility Design Guidelines for Architects, Engineers and Design Firms.

The Contractor shall safeguard and maintain all government property as well as provide for the safety and well-being of personnel employed in the execution of this contract. The contractor shall develop and implement an overall safety program for employees performing work under this contract. The contractor shall submit the documented safety program, which includes a corresponding site safety checklist, to the Contracting Officer 30 calendar days prior to the start of contract performance. Any proposed revisions shall be submitted and approved by the CO prior to being implemented. Failure to conduct operations under this contract in a manner consistent with the prescribed safety requirements may result in immediate orders to Stop Work until the safety violation is corrected. Costs associated with work

Solicitation 140A1621Q0024 Page 7 of 87 stoppages, due to unsafe construction practices by the Contractor or their subcontractors, shall be assumed by the Contractor, at no additional cost to the Government.

1.5. EMERGENCY PROCEDURES: Contractor employees shall follow the direction of Government employees regarding emergency procedures; e.g. fire, tornado, active shooter, bomb threats, etc. It is the responsibility of the contractor to provide guidance and establish procedures for responding to an emergency for their employees. It is the Contractor’s responsibility to account for their employees following and emergency evacuation and communicate the results to either the COR or CO. Contractor personnel shall participate with Government personnel in all fire and tornado drills at no additional costs to the Government. Contractor employees shall follow all State, Tribal and local requirements for COVID-19 procedures.

1.6. CONTRACTOR RESPONSIBILITY: The Contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of work and shall hold the Government harmless for any action of their company, employees or subcontractors, which results in illness, injury, or death. Contractors are required to report timely, any accidents and injuries to the local Detention Center to Lt. Jennie Ferris at 509-258-4681, the COR, and the Contracting Officer.

1.7. EQUIPMENT: Equipment will be maintained in a safe operating condition and a fire safe condition at all times. Equipment shall be stored in the areas designated by the Government. Contractor shall secure vehicles and mobile equipment when not in use by removing the keys from key operated ignition or by other physical means. The Contractor shall ensure that all personnel engaged in work under this contract are provided and use of personal protective equipment (e.g., ear plugs/muffs, safety glasses, steel-toed boots, hard hats, masks, gloves, safety harnesses, etc.).

1.8. SAFETY & FIRE PREVENTION TRAINING: All Contractor personnel shall receive a safety and fire prevention briefing prior to conducting any work. The Contractor shall provide the contents of their briefing, their sign in roster, and notify the Government of the time and location of the Safety and Fire Prevention Training before it is conducted so Government personnel may attend, if necessary.

1.9. WORKSITE: Work sites shall be kept free of debris and materials which could cause injury to employees, students or other visitors in the work area. Open excavation and other potential hazards shall be barricaded and/or fenced off to prevent injury and, when deemed advisable by the Government, signs shall be posted to warn of specific hazards.

1.10. ILLUMINATION: If night operations occur, the Contractor will be required to furnish all plant, equipment, and labor necessary to ensure adequate illumination. Adequate illumination as used herein shall be construed as the minimum lighting required to provide safe working conditions for Contractor and Government personnel wherever work on this contract is in progress. There shall be sufficient light to permit the work to be performed in accordance with the plans and specifications and to permit complete inspection of all work.

1.11. SEAT-BELT USE: The Contractor shall adopt and enforce an aggressive on-the-job seat belt policy for all employees when operating or riding in company-owned, rented or personally owned vehicles operated on federal property.

Solicitation 140A1621Q0024 Page 8 of 87

1.12. DETENTION FACILITY CONSTRUCTION REQUIRMENTS:

1.12.1 Coordinate all work with the NWRO Facilities Office and the Detention Facility and follow all Bureau of Indian Affairs Office of Justice Services Division of Operations Corrections Handbook, 1st edition 2012.

1.12.2 If the Detention Facility is occupied, the Contractor shall:

1.12.2.1 Have no interaction with Detainees.

1.12.2.2 Adhere to all security requirements of the Facility.

1.12.2.3 Restrict operations to the area allowed by the Detention Facility Staff.

1.12.2.4 At the beginning and during the workday keep an inventory of all tools, bits, blades, etc.

entering the Detention Facility. At the end of the workday verify by physical count that all tools, bits, blades, etc. all tools, bits, blades, etc., that entered the Detention facility have been removed from the Detention facility.

1.12.2.5 No tools, equipment, hardware or supplies shall be left unsupervised while inside the Detention Facility. (Failure to supervise items may result in a “Stop Work: order being issued by the Contracting Officer.)

1.12.2.6 On a daily basis, the work area should be returned to clean condition with no dust, construction debris or stains in evidence and no excess paint droppings on floors, outlets, or fixtures.

1.12.2.7 Upon final completion of work, the Contractor accompanied by the Detention Facility staff shall conduct a detailed inspection of all work areas to ensure that no construction debris has been left within the work area and that all supplies, hardware, equipment, tools, blades, bits, etc.

have been removed from the work area(s).

1.12.2.8 Provide floor-to-ceiling dustproof partitions to limit dust and dirt migration and to separate areas occupied by tenants/inmates from fumes and noise.

1.12.2.9 Maintain operation of temporary enclosures on a 24-hour basis where required to achieve indicated results and to avoid possibility of damage.

1.12.2.10 Remove each temporary facility when need for its service has ended, when it has been replaced by authorized use of a permanent facility, or no later than Substantial Completion.

Repair damaged work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired.

1.12.3 If the Detention Facility is unoccupied, the Contractor shall:

1.12.3.1 On a daily basis, the work area should be returned to clean condition with no dust, construction debris or stains in evidence and no excess paint droppings on floors, outlets, or fixtures.

1.12.3.2 Upon final completion of work, the Contractor accompanied by the Detention Facility staff shall conduct a detailed inspection of all work areas to ensure that no construction debris has

Solicitation 140A1621Q0024 Page 9 of 87 been left within the work area and that all supplies, hardware, equipment, tools, blades, bits, etc.

have been removed from the work area(s).

1.13. PERMITS, FEES, and LICENSES: All permits, licenses, taxes, payment of fines and penalties for noncompliance, and associated fees shall be the responsibility of the Contractor. Items covered by this requirement include, but are not limited to: Federal/state/city/local requirements for licensed or registered contractors to perform, the auxiliary compliance thereof, building permits, dig permits, hot work permits, waste and waste water permits, fire suppression related permits, drainage permits, etc. Contractor shall follow all Tribal Employment Rights Office TERO ordinances and is responsible for any TERO fees associated with this work.

1.14. WORK SITE MAINTENANCE: All scrap and debris caused by the operations under this contract shall be policed up and removed at the end of each working day and disposed of properly. All non-usable construction debris (wood, concrete, inert building materials, demolition waste, etc.) will be the property of the Contractor and is responsible for the proper disposal off the reservation. The Contractor shall dispose of such debris at a landfill licensed by the applicable State to accept such waste. Disposal of demolition waste shall be in accordance with applicable state regulations. The Contractor shall provide all necessary forms, manifest, and other documentation necessary to ensure construction and demolition waste is disposed of in a landfill that has been permitted by a state regulatory agency to accept such waste. Building(s) affected by work under this contract shall be maintained weatherproof at all times. While a work effort is being put forth, (from the issuance of the contract to final acceptance by the Government), the Contractor shall be responsible for protecting personnel, furnishings, and facilities from damage, theft, vandalism, dust, dirt, etc., resulting from work of each contract. The Contractor shall restore all such damaged items to their original condition at no additional expense to the Government. The Contractor will not be held responsible for damages due to pre-existing leaks or leaks which develop during the work of this contract that are determined to be unrelated to Contractor's operations.

Excavations that are to be left open over-night shall be barricaded. The Contractor shall store all supplies and equipment IAW fire and safety codes at the location designated by/coordinated with the COR.

1.15. DAMAGES: The Contractor shall take all precautions to ensure that no damage will result from any operations to private or public property. All damages resulting from the negligence of the Contractor or any subcontractor(s) shall be repaired or replaced by the Contractor at no cost to the Government.

1.16. DELIVERY OF MATERIALS: It is the responsibility of the Contractor and their subcontractors to inform vendors and truck drivers of the prime contractor's name, contract number and work site location for each delivery. Contractors will coordinate and provide escorts for suppliers' trucks from the perimeter gates to the job site as required. Delivery of materials and equipment shall be made with a minimum of interference to operations, personnel and detainees.

1.17. ENVIRONMENTAL PROTECTION: All work shall be performed in accordance with (IAW) all Federal, state, and local laws and regulations.

1.18. AMERICANS WITH DISABILITIES ACT (ADA): All new construction, major alterations, and improvements shall be in accordance with the Americans with Disabilities Act and Architectural Barriers Act Accessibility Guidelines (ADAABAAG). Additionally, Section 504, Rehabilitation Act of 1973, as amended in 1978, and USCA Title 29 § 794, “Nondiscrimination under Federal Grants and Programs” establish that individuals with disabilities shall not be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

C.2 – SCOPE OF WORK – CONSTRUCTION

Solicitation 140A1621Q0024 Page 10 of 87

2.1 The contractor will be hired to replace 4,397 square feet of existing roofing at the Spokane Adult Detention Center, Wellpinit, WA; Building 249. Contractor shall remove approximately 4,397 square feet of existing roofing materials to existing decking materials and depose of materials. Contractor shall remove TPO membrane material, skylights and miscellaneous abandoned equipment. Contractor to retain and protect reinforced ceiling in the secured detention side of the building.

2.2 Contractor shall install approximately 4,397 square feet of new roofing materials specifically designed for a 30 year NDL warranty, that includes 4” hail and 90 mph wind coverage, as well as a 32 hours per year of additional accidental puncture coverage.

2.3 Contractor shall install ¾” plywood atop of the existing wood decking and shall be fastened to the existing structural supports.

2.4 The new roof system shall include a 135 mil fleece back TPO membrane and a composite 2.5” Poly-Iso 7/16 OSB installation board. The TPO membrane shall be applied to the composite insulation board substrate with Flexible Fast board shall be applied4” o.c bead application. The composite insulation board shall be applied to the deck mechanically as specified by warranty requirements.

2.5 Contractor shall remove all existing flashing and shall install metal flashing in accordance with warranty requirements.

2.6 Contractor shall remove all parapet stone coping from all the building and shall retrofit interior side of brick parapet wall with wood nailers. Wood nailers shall be attached in a manner consistent with warranty specification. Metal coping shall be then installed over existing parapet cap in a fashion and with metal mandated by the warranty specification. Upon re-roofing the TPO membrane shall be installed up and over the parapet and terminated on the exterior side of the parapet.

2.7 Contractor shall provide and install replacement skylights. Skylights shall be watertight, fire resistant, resistant to bad weather including snow and resistant to UV light. Completed they shall provide a fully watertight surface resistant to high wind and high temperature. They should match in style the existing skylights.

2.8 Disconnect and reconnect existing mechanical/electrical components to restore proper operation to rooftop equipment following installation of roofing, including conduits, wiring, refrigerant lines, condensate lines, hot and cold-water lines, concrete bases and all related connections/installations. All required brackets and supports will be anchored to the existing slab, leaving enough height and space for insulation and roofing installation.

2.9 Report condition of existing mechanical equipment currently installed on the roof to determine if replacement is required.

2.10 A Site Visit will be held at:

Spokane Adult Detention Center 249 Agency Square, Wellpinit, WA 99040

An organized site visit will be held on January 21, 2021 at 13:00 PST. Due to COVID restrictions, a contractor shall have no more than one representative from the company attend. COVID safety rules shall be adhered to.

Solicitation 140A1621Q0024 Page 11 of 87

On site contact is William Bakke at William.bakke@bia.gov phone (509) 258-4562 extension 102.

Hold all questions and submit in writing to lorna.craig@bia.gov by January 22, 2021, 1700 PST. Notify William Bakke and Lorna Craig of your intention to attend the site visit.

2.11. ROOFING: The Contractor shall repair, maintain, inspect, and report conditions of facility roofing systems to help support full life expectancy. Roofing maintenance, repair, and inspection records shall be updated provided to the COR within the number of workdays after inspection as directed in the task order.

The Contractor shall ensure that roof drainage systems effectively remove water from respective facility.

Maintenance and repair work shall meet the roof manufacturers’ requirements and to prevent nullifying roof warranties. The Contractor shall conduct housekeeping, clear drainage system, secure loose fasteners, sealant replacement, and note conditions that require further attention when performing maintenance inspections.

C.3 – REQUIREMENTS & STANDARDS

3.1. PROPOSED PERIOD OF PERFORMANCE: The period of performance is the period between the notice to proceed issuance date and the project’s final acceptance date. In the event the Government and Contractor disagree upon a required period of performance, the Contractor must clearly communicate why timelines are suggested to be longer or shorter. Reasons may include weather, state-of-the-art production or engineering, acts of God, or changed site conditions. The Contractor bares the responsibility to communicate to the Government, in writing, the reasons variations in the period of performance, the difference in milestones, and to provide continuous updates of progress.

Unusual weather during the execution of contract work shall be documented for subsequent requests for Time Extensions in accordance with the provisions defined herein. Weather days allowed will be applied for the total project; time extensions for weather shall not be considered unless the aggregate number of allowable days is exceeded as supported by verifiable QC and QA documentation.

The Period of Performance for this construction project will be 30 calendar days after issuance of Notice to Proceed (NTP).

3.2. SUBMITTALS: The Contractor shall have prepared subcontractors, material, and/or equipment submittals as required by contract in sufficient detail to demonstrate conformance to technical specifications of the requirement. All submittals shall be developed prior to submission to the Government and submission of submittals shall take place at one time. The Contractor shall review all submittals for accuracy, completeness, and applicability prior to submission to the Government. The number and format of submittals shall be specified in the RFP and shall be submitted to the COR for review. Final distribution of reviewed submittals and the results of the review (approval or denial) will be returned to Contractor.

3.3. TRIBAL EMPLOYMENT RIGHTS OFFICE (TERO):

Tribal Employment Rights Office (TERO) ordinances require that all construction contractors give preference to qualified Native Americans in aspects of employment, training, promotion, contracting, subcontracting and other business activities for contracts performed on Native American Reservations.

Contractor shall follow all TERO ordinances and is responsible for any TERO fees associated with this work. For this contract, the TERO point of contact is shown below.

Ms. Joni Wyncoop TERO Director mailto:William.bakke@bia.gov mailto:lorna.craig@bia.gov

Solicitation 140A1621Q0024 Page 12 of 87

Joni.Wyncoop@spokanetribe.com Work: (509) 258-7100

TERO Department P.O. Box 100 Wellpinit, WA 99040

3.4. ADVANCE NOTIFICATION: In anticipation of starting work on a project, the Contractor shall coordinate access to the site with the appropriate COR, Facility Manager, or occupant point of contact a minimum of 2 full working days prior to the desired date of starting work, unless otherwise specified in the subject order. Notification shall also be given to the Contracting Officer at that time.

3.5. DAILY NOTIFICATION: At the beginning of each working day (and no later than 9:00 a.m.), the Contractor shall notify the COR of the location/locations he will have workers at that day, and the work planned for each location.

3.6. SCHEDULING WORK: It is the responsibility of the Contractor for scheduling all work in accordance with their contract and to meet the requirements of the Government. At the discretion of the Government, a pre-construction conference may be scheduled for an individual order. The Contractor shall also manage their subcontractor’s work so to cause minimum disruption to the existing facilities and operations. The work shall, so far as practicable, be done in definite sections or divisions and confined to limited areas which shall be completed before work in other sections or divisions are begun.

3.7. CONFORMANCE TO NEGOTIATED SCOPE: During the construction phase of every order, the scope of work and the negotiated cost proposal will be continually referred to, to ensure that the Government receives the full scope of work negotiated. Any unapproved deviations in methodologies, layout, materials, etc. from the negotiated scope/design and corresponding negotiated cost proposal shall be considered as defects and will be addressed by deductive modification and/or requirement for re-performance.

3.8. JOINT PRE-FINAL AND FINAL INSPECTIONS:The Contractor shall notify the Government Contracting Officer and COR when a project is ready for joint pre-final inspection. Punch-list items identified during the joint pre-final inspection shall be corrected prior to requesting a final inspection and by a date established at the pre-final. If deficiencies still exist at the time of the final inspection, additional inspections will be required prior to acceptance of work. Direct costs to the Government for joint inspections beyond the 2 discussed herein that are required to accept the work as complete due to the Contractor’s failure to perform adequate quality control will be deducted from the applicable project order amount.

3.9. WARRANTIES

3.9.1. MANUFACTURER WARRANTY. Manufacturer’s warranties on installed equipment and/or systems shall be provided to the Government prior to requesting final payment. If no specific warranty terms are established, the manufacturer's standard warranty shall be provided at no additional cost to the Government. However, manufacturer's single-document extended (longer term) and/or expanded (e.g., labor & material with/without longer term) warranties may be specified on individual orders and offered to the Government before final acceptance. The terms, conditions, and cost of these warranties shall be defined during pre-award activities and negotiated into the resultant order as required

C.4 – CONTRACT DELIVERABLES / DATA REQUIREMENTS

mailto:Joni.Wyncoop@spokanetribe.com%C2%A0

Solicitation 140A1621Q0024 Page 13 of 87

4.1. PERFORMANCE SCHEDULE: The Contractor shall submit the basic format of a Performance Schedule which they intend to use before any work begins under the contract. Traditionally, Performance Schedules for Construction projects are in the form of a Gantt chart however, the Contractor is free to use any comprehensive format which meets the level of detail needed to consider procurement, transportation, mobilization, scheduling, weather, equipment, and performance timelines.

4.2. MATERIAL/PRODUCT SUBMITTALS: The Contractor shall submit to the COR a complete package of pre-construction deliverables including material/product submittals in order to allow the Government to review the details and specifications before purchase. The Contractor shall submit the basic format of a Performance Schedule which they intend to use before any work begins under the contract.

C. 5 – ATTACHMENTS, APPENDICES, EXHIBITS & DEFINITIONS

5.1. DEFINITIONS AND ACRONYMS.

5.1.1. DEFINITIONS: As used throughout this contract, the following terms shall have the meaning set forth below:

COMPLETE, IN-PLACE CONSTRUCTION. Work having all necessary or normal parts, elements, or steps provided at its specified location resulting in products that are fully functional, without the need for additional labor, materials, and/or equipment in order to reach its fully functional and intended state.

Work includes fasteners, anchors, standard applicable testing, balancing, and commissioning.

CONTRACTING OFFICER (CO). A person duly appointed with the authority to enter into and administer contracts on behalf of the Government.

CONTRACTING OFFICER'S REPRESENTATIVE (COR). An individual designated in writing by the CO to act as an authorized representative of the CO to perform specific contract administrative and execution functions.

DIRECT COSTS: Those costs directly attributable to the physical performance of a specified item of work.

HAZARDOUS MATERIALS. Refer to hazardous and toxic materials/substances included in Sub-parts H and Z of 29 CFR 1910 and to others as additionally defined in Fed. Std. 313. Those most commonly encountered include asbestos, polychlorinated biphenyl’s (PCB), solvents, petroleum and paints but does include others. The most likely products to contain asbestos are sprayed-on fire-proofing, floor tile, insulation, siding, roofing, boiler lagging/gaskets, and pipe covering.

QUALITY ASSURANCE. Those actions taken by the Government to assure that the quality of purchased work is acceptable and in accordance with the specified requirements of the contract/project order.

QUALITY CONTROL. Those actions taken by the contractor to control the execution of the specified work so that it meets the requirements of the contract/project.

QUALITY CONTROL PLAN. A contractor’s internal quality assurance procedures for measuring, tracking, reporting, and analyzing contract performance.

Solicitation 140A1621Q0024 Page 14 of 87

QUALIFICATION STANDARDS. Quantifiable and enforceable criteria negotiated with the Contractor, establishing minimum requirements and/or conditions necessary to successfully execute the responsibilities of a given position, against which applicants for employment are evaluated.

5.1.2. ACRONYMS:

BIA - Bureau of Indian Affairs BIE - Bureau of Indian Education CLIN - Contract Line Item Number CO - Contracting Officer COB - “Close of Business” COR - Contracting Officer's Representative DFMC - Division of Facility Maintenance Contracts EPA - Environmental Protection Agency GFE - Government Furnished Equipment GFM - Government Furnished Material IAW - In Accordance With NLT - No Later Than PM - Government Project Managert SOW - Statement of Work

5.2. GOVERNMENT FURNISHED PROPERTY AND SERVICES

5.2.1. USE OF GOVERNMENT FURNISHED PROPERTY/SERVICES: Use of Government furnished property and services shall be limited to performance of this contract.

5.2.2. FACILITIES: If the scope of a project requires an extended presence by the Contractor at a given site, it is the Contractor's responsibility to provide any necessary trailers, storage rooms and restroom facilities to house staff personnel, materials, and equipment used in performance of any contracts. The Contractor shall provide and post a neatly lettered sign identifying the company name, telephone number(s) and emergency telephone number(s) on the facility as applicable.

5.2.3. UTILITIES: The Government will furnish to the Contractor from existing Government facilities and without cost to the Contractor, water and electrical power supply, as set forth below.

5.2.3.1. WATER: The Government shall furnish from existing Government facilities and without cost to the Contractor, any adequate supply water necessary for performance of under this contract provided the Government will in no case furnish or install any required supply connections and piping for the purpose of implementing the availability of the water supply. It is the responsibility of the Contractor to determine the extent to which existing Government water supply source is adequate for the needs of this contract.

All taps, connections, and accessory equipment required in making the water supply source available will be accomplished by and at the expense of the Contractor. This shall include furnishing and installing an approved backflow preventer in any case where a possible contaminant could be introduced into the water supply, IAW applicable State regulations or as directed by the Government. All work in connection there with shall be coordinated, scheduled and performed as directed and by the COR. Said taps, connections, and accessory equipment shall be maintained by the Contractor in a workmanlike manner in accordance with rules and regulations of the Government installation and this contract. Upon completion of the contract, the removal of all taps, connections and accessories will be accomplished by and at the expense of the Contractor so as to leave the water supply source or facility in its original condition.

Solicitation 140A1621Q0024 Page 15 of 87

5.2.3.2. ELECTRICITY: The Government shall furnish from existing Government facilities and without cost to the Contractor, all electrical power necessary for performance under this contract, provided, that the Government will in no case furnish or install any new electrical facility or accessory for the purpose of creating the availability of electrical power for the purpose of this contract. It is the responsibility of the Contractor to determine the extent to which existing Government electrical facilities are adequate for the needs of this contract, and to make alternate provisions as required.

All taps, connections, and necessary equipment required in making the electrical power available will be accomplished by and at the expense of the Contractor, and all work in connection therewith shall be coordinated, scheduled and performed as directed and approved by the Contracting Officer or COR. Said taps, connections, and accessory equipment shall be maintained by the Contractor in a workmanlike manner in accordance with the rules and regulations of the Government installation. Upon completion of the contract/order the removal of all taps, connections and accessories will be accomplished by, and at the expense of the Contractor so as to leave the electrical power source or facility in its original condition.

5.2.4. GOVERNMENT-FURNISHED EQUIPMENT/MATERIALS FOR PROJECTS: The Contractor, with his own forces, shall transport all Government-furnished equipment and materials, if any, as required by the applicable order. Equipment and materials shall be transported from the Government storage area to the work site indicated on the contract. The Contractor assumes the risk and responsibility for the loss or damage to Government-furnished property. The Contractor shall follow the instructions of the Contracting Officer and COR regarding the disposition of all Government furnished property not consumed in performance of an order.

5.3 ATTACHMENTS–

Attachment 1 - DEPARTMENT OF LABOR WAGE DETERMINATIONS Attachment 2 – HEALTH AND SAFETY CODES Attachment 3 – PAYMENT BOND FORM

END OF SECTION C – STATEMENT OF WORK

Solicitation 140A1621Q0024 Page 16 of 87

SECTION D – PACKAGING AND MARKING

D.1. PACKAGING AND MARKING

A. All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the Government. Preservation, packaging and packing shall be in accordance with standard practices for commercial packaging.

B. Government personnel are not authorized to accept deliveries for the contractor, nor are they responsible for off-loading shipments. A contractor representative must be present to accept deliveries.

END OF SECTION D – PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION AUGUST 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

Solicitation 140A1621Q0024 Page 17 of 87 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.

E.2. DAILY REPORTING REQUIREMENT

A. The Contractor shall prepare and file a "Contractor's Daily Report", for each day of contract performance. Description must include contract number and work being performed. These reports shall be delivered to, or if directed, mailed to the Contracting Officer’s Representative on Fridays. The daily report shall include the name of Contractors and Subcontractors on-site, the number of workers and their labor categories employed on-site, the work being performed, the type of equipment on-site, any change order work being performed, and whether the work being performed is on schedule. Reports shall be numbered, dated and signed by the Contractor or his Project Manager. Failure to submit the daily reports could result in payments being withheld until such time as all daily reports are current.

E.3. FINAL INSPECTION

A. Contractor Self-Inspection. Prior to the completion date, the Contractor’s Quality Control Manager shall conduct a self-inspection of the site and document all items needing correction by means of a punch list. The corrected punch list shall be provided to the Contracting Officer’s Representative at the same time the pre-final inspection is requested. All punch list items must be corrected prior to requesting the pre-final inspection.

B. The Contractor and the Contracting Officer’s Representative will jointly conduct a pre-final inspection prior to requesting a final inspection. Any item needing correction shall be noted on the Pre-Final Inspection Punch List. Any discrepancies noted will be corrected prior to any final inspection. The

Solicitation 140A1621Q0024 Page 18 of 87

Contracting Officer Representative may schedule more than one pre-final inspection if he determines it necessary.

C. When the Contractor is ready for final inspection, he will request final inspection in writing to the Contracting Officer and Contracting Officer’s Representative (COR). A copy of the Pre-Final Punch List shall be attached to this request with the corrective action taken noted. The final inspection will be requested at least 48 hours before the desired date.

D. The final inspection shall be performed with the Contractor by the COR, Contracting Officer, Safety Officer, and representatives of the using activity. Any discrepancies noted will be corrected within the time specified in the contract for the completion of work.

1. Prior to close-out and final payment of the contract, the following are required:

2. All submittals; to be submitted as required by the contract and may include product submittals, as-built drawings, manuals, etc.

3. All warranties; to be submitted with the request for Final Inspection.

4. Contractor’s Release; to be submitted with the Contractor’s final invoice

END OF SECTION E – INSPECTION AND ACCEPTANCE

SECTION F -- DELIVERIES OR PERFORMANCE

F.1. 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION

OF WORK

APRIL 1984

The Contractor shall be required to (a) commence work under this contract receipt of the award, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 (thirty) calendar days. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F.2. 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION SEPTEMBER 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 $100 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…