Sol_140A0719R0011.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

A07

BIA BUILDING 1

Contracting Office

1001 INDIAN SCHOOL RD NW

BIA SWRO 00007

0009061700 CODE 16. ADMINISTERED BYCODE

X

X

X

722310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORA07

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/13/2019 1500 MT

08/29/2019

505-563-3125Tami Gallegos (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140A0719R0011

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 49 0040424621OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Albuquerque NM 87104

TELEPHONE NO.

17a. CONTRACTOR/

TOWAOC CO 81334-0208

107 SPRUCE STREET

BIA SWRO OJS DIST IV UTE MTN

15. DELIVER TO

Albuquerque NM 87104

BIA BUILDING 1

Contracting Office

1001 INDIAN SCHOOL RD NW

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$38.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

BIA SWRO 00007

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

DUNS # _________________________________

00010 BASE YEAR: Contract for provision and delivery of food and food service related supplies for the Chief Ignacio Justice Center, Bureau of Indian Affairs, Office of Justice Services in Towaoc, Colorado.

Period of Performance: 10/01/2019 to 09/30/2020 Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Tami Gallegos

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

00020 OPTION YEAR ONE.

(Option Line Item)

07/31/2020

Period of Performance: 10/01/2020 to 09/30/2021

00030 OPTION YEAR TWO.

(Option Line Item)

07/31/2021

Period of Performance: 10/01/2021 to 09/30/2022

00040 OPTION YEAR THREE.

(Option Line Item)

07/31/2022

Period of Performance: 10/01/2022 to 09/30/2023

00050 OPTION YEAR FOUR.

(Option Line Item)

07/31/2023

Period of Performance: 10/01/2023 to 09/30/2024

POINT OF CONTACTS:

Contractor: TBD

Contracting Officer Representative (COR): TBD

Contract Administrator: TBD

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

49 2 of

REQUEST FOR PROPOSAL 140A0719R0011 AWARD NO. ______________TBD___________

SECTION A - Solicitation/Contract Form – SF 1449

SECTION B - Supplies or Services/Prices

B-1 TRUE COST:

All pricing is based upon "True Cost". True cost is defined as the invoice from the manufacturer, plus applicable freight, less any manufacturer's promotional allowances reflected on the invoice designated for the end user. Cost is not to be reduced for payments such as performance-based incentives, or fees contractor receives for marketing, freight management, warehousing, and distribution. Costs for freight arranged shall not exceed the rates established by recognized common carriers.

Freight for transfers between Distributors to another if necessary shall be included in the cost. Cost for forward purchases made with approval shall be including applicable storage, finance, or other charges specified.

The true cost percentages established with the initial proposal may not change during the life of the entire contract.

The individual prices listed for each item (refer to Attachment A) shall be based upon prices effective at time of award.

The CIJC makes the assumption that the cost shall be determined as follows:

Invoice cost of merchandise + Freight In = Actual Cost (Supplier’s Cost)* x % Mark up = True Cost

ACTUAL COST + Mark Up = True Cost

*Actual cost of merchandise is based on the most recent contract price at the time of the monthly cut off.

Pre-priced Schedule, refer to ATTACHMENT A. A pre-priced list shall be incorporated into the contract.

Any proposed changes to the pricing list shall be made in writing, at least 30 days in advance. Written notice shall be provided to the COR and CO for consideration.

B-2 PRICES – SCHEDULE OF FEES

The Contractor shall furnish all labor, equipment, materials, tools, taxes, permits, profit, travel and overhead necessary to provide food and sundries to the CIJC. Pricing Listing shall be for a Base Year with four 1-year Options. Base Year Price listing shall be reflected in ATTACHMENT A.

Option True Cost markup shall be by percentage for each year exercised. Cost as follows shall apply to Price for each option year exercised:

Option Year One % Option Year Two %

Option Year Three % Option Year Four %

Offers shall be considered for a single award on the following schedule, but no offeror shall be considered for award on only a partial provision of pricing of the schedule. Offerors are required to complete the pricing schedules. Pricing shall be for a Base Year and four 1-year options.

All offers are subject to the terms and conditions of this solicitation and resulting contract.

B-3 PRICE ADJUSTMENT

1. If a substitution is necessary, the substituted item shall be prices at the contracted cost of the ordered item unless the cost of the substituted item is lower. The formula listed above shall apply to all substitutions.

2. If the supplier is unable to deliver a regularly ordered item and CIJC purchases from an alternate vendor, the CIJC shall notify the contractor’s account representative of any differences on cost. At such time, the supplier shall issue a credit memo to the CIJC for any extra cost incurred.

3. The supplier shall pass on to the CIJC all promotional allowances, discounts and manufacturer’s rebates in the form of lower prices. The supplier shall also keep the CIJC informed of any rebates that may be redeemed and provide tracking information on usage so the CIJC may take full advantage of all available rebates and free good offers.

4. The contractor shall include with the proposal information a list of promotional allowances, discounts and manufacturer’s rebates for Government Agencies that will be in effect at time of award.

B-4 SUBSTITUTIONS AND SHORTAGES

1. Substitutions must be equal to or better than original priced item. Prior approval from the CIJC POC is required.

2. In the event that the contractor is unable to obtain prior approval, the contractor is authorized to make a substitute what they believe to be an equal.

a) If the substitution is not deemed appropriate by the CIJC, the contractor must pick up and credit the cost.

b) If the substitution is deemed acceptable then item is to be at the established price of the true-cost.

3. In the event the contractor arranges another supplier for substitutions or shortages, the CIJC shall be billed at the contract established pricing or the alternate suppliers price, depending upon whichever is lower.

4. In the event the contractor is unable to provide either a suitable substitution or arrange another supplier to provide item(s), CIJC shall attempt to arrange a supplier to make delivery. The found supplier costs shall be credited to the CIJC for any amount over the contractor’s cost.

SECTION C - Description/Specifications

STATEMENT OF WORK

C.1 PURPOSE:

The purpose of this contract is to create a primary distribution agreement between a Food vendor company and the Bureau of lndian Affairs (BIA), Office of Justice Services (OJS), Chief lgnacio Justice Center (CIJC), Adult and Juvenile Correctional Facility. The BIA, intends to award a firm fixed price contract for the following services: All inmate food items, and non-food items in the same product categories.

Food Service Contract shall provide and deliver food, beverage, kitchenware and sundries for the BIA CIJC, Adult and Juvenile Correctional Facility. The BIA has the responsibility to feed the inmates three nutritious meals per day including special dietary needs, to include snacks and special dietary requirements for diabetic and other special dietary needs. The food service company needs to be familiar with the Government’s requirements for food service and services.

C.2 BACKGROUND:

Under the authority provided by 25 CFR 2802, which implements Public Law 1-1-379, the Indian Law Enforcement Reform Act, the BIA OJS has responsibility to provide criminal justice remedial action, a correctional and detention service, and rehabilitation in Indian Country.

The CIJC is a detention center on the Ute Mountain Ute Indian Reservation located in Towaoc, Montezuma County, Colorado. The BIA, District IV, OJS, Division of Correction administers this facility.

The OJS directorate of Operation states it is committed to providing nutritional and healthy foods at OJS detention facilities that meet or exceed Tribal and national recognized standard in a safe and sanitary environment.

CIJC houses approximately 50 inmates, total combined adult and juvenile inmates. Historically, the facilities have consumed approximately $1600.00 to $2000.00 dollar per week for food.

The CIJC has two full time cooks with a fully equipped kitchen to accommodate a total capacity of 76 inmates.

C.3 TYPE OF CONTRACT:

The Department of the Interior, Bureau of Indian Affairs (BIA) anticipates the award of a single Firm Fixed Priced, Indefinite Delivery Indefinite Quantity contract as a result of the Request for Proposal, with the “True Cost” to be a firm fixed price for a commercial service under Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, in conjunction with FAR Part 15, Contracting by Negotiation. This procurement is total Indian Economic Enterprise set-aside.

C.4 SCOPE OF SERVICES:

The quantities ordered shall be those actually required during the contract period and the Contractor shall deliver only such quantities. The contractor shall be an established food services distributor who can supply all the product categories listed in ATTACHMENT A. The contractor shall be the Prime Vendor and supplier of a wide range of food and food services related supplies. The contractor must agree to provide total requirements and minimize the occurrences when CIJC may have to seek other interim product sources. CIJC does reserve the right to utilize a secondary vendor food and food service related supplies if it is determined that it is in the best interest to do so.

Auditing: Throughout the life of the contract, the BIA reserves the right to conduct audits. Copies of invoices including bill backs must be made available upon written request from the COR or CO.

Work Stoppages: The Contractor guarantees delivery to the CIJC regardless of any organized work stoppages, which may occur at the contractor’s facility.

C.5 ORDERING:

The contractor shall provide an online order platform or software for ordering. Training for either will also be required.

The contractor must be able to handle importing and exporting of ASCII files between their computer system and the CIJC system for price transfers and other product changes.

If the contractor acquires computer technology or upgrades to an existing system during the contract period, that technology shall be made available at no additional cost to the CIJC. Contractor must have the ability of accept order that are also faxed, phoned or emailed in.

C.6 DELIVERY SCHEDULE AND LOCATION

Orders shall be placed on Monday, by no later than 12:00pm. Delivery to be made on Thursday between the hours from 7:00am to 9:00am. Mountain Standard time. If a federal holiday falls on a Thursday, the food shall be ordered a minimum of one day in advanced to ensure delivery is made one day before the holiday.

All deliveries shall be to: Chief Ignacio Justice Center, 107 Spruce Street, Towaoc, CO 81334.

Drivers shall be allowed limited access to a clean and clear area at the sally port entrance to allow optimal delivery conditions to accommodate a 53' trailer. Inside delivery shall be in compliance with standard of procedure.

Add/Cut Schedule: If the contractor is unable to fulfill an order, the account representative must contact the CIJC immediately and no later than by noon the day before the delivery to discuss alternatives. Substitutions are not be made without the CIJC’s approval. If a satisfactory solution cannot be reached, the CIJC may purchase the needed item from another vendor. The difference between the price paid and the last price paid to the contractor for that item will be paid.

Returns: If a deficient quality is noticed at the delivery time; the driver shall accept the rejected item(s) and the returned will be noted on the delivery ticket. The credit shall be applied to the appropriate invoice. If deficient quality is discovered after an item is received, the CIJC shall contact the account representative within 30 days of receipt. The account representative shall then arrange the pickup and credit. The CIJC shall make every effort to maintain the product in its delivered condition until pick up.

Emergency Orders/Deliveries: The Contractor must be able to handle emergency order as they arise. The CIJC shall hold these to a minimum. Delivery time to be agreed upon by both parties at time of placing emergency order.

C.7 SERVICE:

Account Representative: The contractor shall have an account representative assigned to the CIJC account.

CIJC expects to have frequent phone and email contract several times a week during the contractor’s infancy.

The CIJC may request and shall expect a four-hour response time, Monday through Friday 8:00 am to 4:30pm, if an account representative is needed. The Account Representative shall provide the following services as a minimum:

1. At least bi-weekly communications with the CIJC representative to discuss any shortages and needed substitutions.

2. At the start of the contract, conduct frequent teleconferences calls with the CIJC representative to discuss any areas of concern. As the contract progresses, the teleconferences may be reduces.

3. Demonstrate to the CIJC representative and dietary staff taste panels new products available on the market.

4. Conduct can cuttings and samplings as needed or required by the CIJC representative.

5. Promptly respond to the CIJC complaints and inquiries about various products.

6. Issue credit memos and arrange for return of miss-shipped or deficient products.

7. Promptly resolve any problems with the order/delivery schedule.

8. Perform research and make recommendations for any product changes to improve the CIJC needs.

C.8 DELIVERY TICKETS/INVOICES: All deliveries shall be accompanied by an itemized delivery ticket/invoice that contains the minimum information:

1. Name of Supplier;

2. Contract Award Reference Number;

3. Date of Purchase;

4. Invoice Number;

5. Itemized list of supplies;

6. Quantity, unit price and extension of each item;

7. Date of delivery or shipment date;

8. If an order is rejected for any reason due to quality of wrong order, the driver shall accept the returned item and indicate so on the delivery ticket. A credit memo shall be immediately applied before payment request is submitted.

C.9 REPORTS: The contractor shall furnish the CIJC POC and COR with monthly reports, listing the quantity of each line purchased, and the total dollar amounts expended for each item as follows:

1. By dollar volume by month, year to date and fiscal year.

2. By quantity shipped by month, year to date and fiscal year.

3. Usage figures for a specific brand or manufacturer for a specified timeframe to use for tracking rebates.

C.10 QUALITY ASSURANCE: Copies of the contractor’s product specifications shall be available for review and forwarded to the CIJC within two working days after requested by the CIJC representative.

1. The contractor shall be expected to provide samples free of charge for testing to ascertain the most acceptable/appropriate products to meet the CIJC needs.

2. Product quality testing shall be conducted by the CIJC on an as needed basis or by random sampling recommendation.

C.11 TRAINING: The contractor shall provide initial on-site training to the CIJC representatives to ensure their understanding of the ordering procedure.

C.12 MARKET INFORMATION: The CIJC expects the contractor to provide the latest market information relating to product condition, quality, pricing trends, new products, and if appropriate, the contractor shall make recommendations on product changes to improve the CIJC needs. This information should be provided during the bi-weekly meetings.

C.13 TOLL FREE NUMBER: The contractor shall provide a toll free telephone number, email and fax number for the CIJC’s use in contacting the contractor’s personnel.

C.14 MENUS DEVELOPMENT:

CIJC has two menus, summer and winter (ATTACHMENT B and C). The contractor’s dietician shall review these menus at least annually to ensure that the menus meet the national recommended dietary allowance.

The contractors’ dietician will formulate the regular menus and special diet menus with their food products and consult with the COR in finalizing these new recipes. The contractor’s dietician shall consider traditional Native American food prepared and identify serving at calculating daily nutritional requirements.

All menu preparation shall include consideration for food flavor, texture, temperature, appearance and palatability. Along with incorporating the principles in the United states Department of Agriculture department and Health Service Food Guide Pyramid meeting the current Recommended Dietary Allowance for general inmate population and those with therapeutic or special diet i.e. Diabetic, Rental. Sodium Restricted and low fat diets. Special diets are identified by health care providers.

C.15 THE VENDOR' S RESPONSIBILITIES:

An Account Representative shall be assigned for the BIA CIJC account.

The Account Representative shall ensure the regular deliveries are on schedule, account is maintained, all returns are properly credited to accounts, and all efforts shall be made to notify CIJC prior to the delivery on any products that is out of stock or where a substitution must be made. No substitutions shall be made on critical item(s) without prior approval from CIJC POC or COR.

The Account Representative shall be the point of contract for all reports.

The Delivery Driver/Person shall be able to pass and maintain a positive security background check. The Delivery Driver/Person can accommodate the deliveries inside the kitchen corridor and be compliant with standard procedures.

The Driver shall possess and maintain a commercial drivers license and be fully insured.

SECTION D - Packaging and Marking - N/A

SECTION E - Inspection and Acceptance

Refer to 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) (1) Inspection/Acceptance.

SECTION F - Deliveries or Performance

F-1 52.211-16 Variation in Quantity. (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to:

10 Percent increase 10 Percent decrease This increase or decrease shall apply to all contract line items.

F-2 Legal Holidays

The following legal holidays are observed by this Government agency:

New Year's Day January 01 Martin Luther King's Birthday 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 04 Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day November 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25

When a holiday falls on Saturday or Sunday, it is observed on the adjacent Friday or Monday, respectively.

In addition to the holidays listed above, the contractor agrees to observe leave days or closures designated by Federal Statute, Executive Order, or Presidential Proclamation."

F-3 PERIOD OF PERFORMANCE:

The Period of Performance shall begin from contract award through September 30, 2020 for the base period, with four one-year option periods as follows:

Option Year One October 1, 2020 through September 30, 2021 Option Year Two October 1, 2021 through September 30, 2022 Option Year Three October 1, 2022 through September 30, 2023 Option Year Four October 1, 2023 through September 30, 2024

SECTION G - Contract Administration Data

G-1. Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment.

The Contractor Government Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

G-2 BIA CIJC POINTS OF CONTACT:

1. Food order – Ms. Beverly Tsosie, Cook, Telephone (970) 565-0167 x 116, Email: beverly.tsosie@bia.gov Ms. Karen Blackhorse, Cooks. Telephone (970) 565-0167 x 116, Email: karen.blackhorse@bia.gov

2. Invoice and Payment – Ms. Julia Freeland, Law Enforcement Assistant and COR Telephone (970) 565-0227. Email:

julia.freeland@bia.gov

3. Food order and Invoice Approval – Gwendolynn Goldtooth, Correctional Lieutenant, Telephone 970-565-5412. Email:

gwendolynn.goldtooth@bia.gov Joseph Brooks III, SSA, Chief of Police, Telephone 970-565-970-565-3706 x 102. Email:

joseph.brooks@bia.gov

G.3 METHODS FOR ASSESSMENT OF PERFORMANCE

The methods of assessment performance also pertain to subcontractors. The contractor shall include these requirements in any subcontract awarded under the prime contract.

1. Continue to maintain qualified an total Small Business size owned status;

2. Ability to perform all services as required;

3. Ability to submit requirement reporting requirement in acceptable and timely manner;

4. Ability to provide all written documents and submit in acceptable and timely manner;

5. Ability to communicate effectively with Government, off and on-site, as required;

6. Contractor deemed responsible.

7. Minimize the number of substituting of Brand Name Items.

8. Ability to maintain liability insurance.

9. CPARS participation.

mailto:karen.blackhorse@bia.gov mailto:julia.freeland@bia.gov mailto:gwendolynn.goldtooth@bia.gov mailto:joseph.brooks@bia.gov

G.4 SUITABILITY DETERMINATIONS

The contractor shall be responsible for managing its workforce to ensure that sufficient contract employees who meet all employment suitability requirements are available to perform the duties required under the contract.

Contractor personnel who occupy positions required under this contract are required to be United States citizens. CIJC shall have and exercise complete control over granting access to delivery driver(s).

If the Government receives a negative report on any contractor employee, the COR or CO may request the contractor to immediately remove any employee from the contract should it be determined that the individual being assigned to duty has been found unsuitable or has been found to be unfit for performing satisfactory performance.

SECTION H - Special Contract Requirements

H-1. AUTHORITIES AND DELEGATIONS (SEPT 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

H-2 BIA CONTRACT ADMINISTRATOR

BIA-Albuquerque - Acquisition Office 1001 Indian School Rd., NW Suite 219 Albuquerque, NM 87104

Telephone No.: (505) 563-3125 Facsimile No.: (505) 563-3030 Tami Gallegos, Contract Specialist Email: tami.gallegos@bia.gov

H-3 CONTRACTOR POINT OF CONTACT (POC):

Designate a person(s) whom the Government may contact during the period of the contract for prompt action on matters pertaining to the administration of the contract. Authorized Administrators are as follows:

Contractor Point of Contact (POC) Information Primary POC Name: Title:

Address: City/State/Zip code:

Phone Number: FAX Number:

Email Address:

Alternate POC Name:

Title:

Address: City/State/Zip code:

Phone Number: FAX Number:

Email Address:

H-4 PERSONNEL PERFORMANCE/REPLACE

The Government reserves the right to judge the technical skills, qualification and competence of all individuals assigned to the contract and require the replacement if the individual’s qualifications or performance is judge deficient at any time. The Government reserves the right to accept or reject any proposed individual with written notification.

For replacement of individual, the contractor shall provide a resume including commercial drives license for individual to the COR of any changes in personnel assignment at least two weeks (or as mutually agreed upon) prior to making any personnel changes. The contractor shall afford the Government the opportunity to interview the replacement candidate, if requested. The individual must be covered under the liability insurance prior to performance.

H-5 SAFETY, REGULATIONS, LAWS TO BE OBSERVED (NOV 2007)

(a) The Contractor, its employees, and its subcontractors and employees shall abide by all safety rules applicable at the site of the work and shall comply with all applicable laws, ordinances, orders, codes, rules, regulations, etc. The Contractor shall furnish employees, including those of subcontractors, with recognized approved safety equipment, devices, and sanitary facilities and enforce compliance in their use consistent with accepted practices and applicable rules. The Contractor shall provide barricades, signs, and other safety equipment as required by Federal, State, or local codes.

(b) The Contractor shall comply with all regulations of the Occupational Safety and Health Act (OSHA) of 1970.

The Government shall not be liable for any citations received by the Contractor as a result of failure to comply with applicable OSHA standards.

© All appropriate Township, County, State, and Federal Regulations, codes, and ordinances shall apply to this Contract. It shall be the Contractor’s sole responsibility to be aware of these regulations and to comply with them. The Government shall not be liable for any citations received by the Contractor.

(d) The Contractor, at all times, shall observe, comply with, and post as required all Federal, State and local laws, ordinances, and regulations in any manner affecting the conduct of the work applying to employees on the project, as well as all orders or decrees which have been or may be promulgated or enacted by any legal bodies or tribunals having authority or jurisdiction over the work, materials, employees, or contract.

(e) The Contractor shall be aware that the Government may request periodic inspections of the Contractor’s operations, facilities and equipment, by any applicable governing regulatory agency.

(f) If the Contractor fails or refuses to promptly comply with any of the requirements of this special provision, the Contracting Officer, or his authorized representative, shall notify the Contractor of the noncompliance and indicate to the Contractor the corrective action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, either oral or written, when served on the Contractor or his authorized representative(s) at the site of the work, shall be deemed sufficient notice of noncompliance and of the need for corrective action.

(g) In the event the Contractor fails or refuses to promptly take corrective action, the Contracting Officer or his authorized representative may issue an order to suspend all or any part of the work. When satisfactory corrective action is taken, an order to resume work will be issued. The Contractor shall not be entitled to any extension of time, nor to any claim for damages or to excess costs by reason of either the directive or the suspension order. Failure of the Contracting Officer or his authorized representative to order discontinuance of any or all of the Contractor’s operations shall not relieve the Contractor of his responsibility for the safety of personnel and property.

(h) Compensation for compliance with any of the above items is to be included in the various items of the Contract for the expense involved.

H-6 TRIBAL EMPLOYMENT RIGHTS ORDINANCES:

All Contractors working with Indian Reservations may be subject to a Tribal license tax and a Tribal Employment Rights Ordinance (TERO) tax.

Many tribes in the BIA Region have passed TERO, which specify conditions that all contractors must satisfy to assure the tribes that tribal members are given appropriate opportunities for employment in on-reservation projects. In addition to requiring the hiring of tribal member labor, some TERO also impose a TERO tax bases on the amount of the contract.

The contractor is responsible to determine the cost of compliance with applicable TERO and include those costs in the contractor’s proposal. Additional tribes may adopt TERO without notice and the contractor is responsible to contact tribes on whose reservations they shall be working on to determine whether a TERO is in force and what the terms of that TERO are. The Ute Mountain Ute TERO Office information is as follows:

UTE MOUNTAIN UTE TRIBE TERO DEPARTMENT Point of Contact (POC) Information Name: Lisa Manning Title: Office Administrator Address: 420 Sunset Blvd, PO Box

City/State/Zip code:

Towaoc, CO 81334

Phone Number: (970) 564-5715 Email Address: lmanning@utemountain.org

H-7 BACKGROUND CHECK/INVESTIGATION:

In accordance with Department of the Interior Acquisition, Assistance, and Asset Policy (DOI-AAAP) 0081, Implementation of Homeland Security Presidential Directive -12 (HSPD-12), established federal standard for secure and reliable identification issued by federal agencies to their employees, recipients, and contractors, including all tiers of sub-recipients and subcontractor.

Accordingly, the Driver Deliver Person require a favorable screening (applicant and suitability) determination made by the Bureau of Indian Affairs (BIA), Personnel Security and Suitability Program; and a favorable background investigation determination conducted by the Office of Personnel Management (OPM).

A favorable screening (applicant and suitability) determination must be made by the BIA, Personnel Security and Suitability Program prior to contract award or made within 60 days of incorporation of this clause into a current/existing contract. Pending completion of a background investigation by OPM, the Contractor who has been granted a favorable screening (applicant and suitability) determination must be within the sight and under the supervision of a Government employee who has had a completed background investigation (42 U.S.C 13041 (3)) during contract performance until a final background investigation determination has been made.

Prior employment with the Federal Government, including BIA, does not assure appropriate screening or prior investigation has been conducted nor does it alleviate or guarantee a favorable screening (applicant and suitability) determination or background investigation.

Prior to an award or during the 60 day period discussed in paragraph two, it is solely the company, individual or contractor's responsibility to contact the BIA, Personnel Security and Suitability Program at 505-563- 5287/5288/5289/5294 in order to obtain a complete security package, which includes but is not limited to appropriate investigative forms and/or inquire about their previous investigation; and, obtain a screening (applicant and suitability) determination, and subsequent final background investigation.

If an unfavorable screening (applicant and suitability) determination is made, an award may not cover the individual who received an unfavorable screening or possibly to the company who has proposed to employ the individual to perform the work. The individual and or the company who proposed to employ this individual may be determined to be non-responsible if an unfavorable screening (applicant and suitability) determinations is made, which will make them ineligible for contract award.

If an unfavorable final background investigation determination is made, the award may be terminated and the employee in question shall not be authorized to provide service to the BIA, if the services involve contact with or regular control over Indian children. Refer to FAR Clause 52.204-9 Personal Identity Verification of Contractor Personnel.

H-8 TAX EXEMPTION

All Bureau of Indian Affairs locations for provision and delivery of food is tax exempt. Reference tax exemption identification number 85-0197413. Be aware this does not have any effect on the Tribal or TERO tax.

H-6 GOVERNMENT FURNISHED PROPERTY: None shall be applicable to this award.

SECTION I - Contract Clauses

I-1 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far, http://www.doi.gov/pam, http://edocket.access.gpo.gov/2010/2010-7967.htm

52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-16 Preventing Personal Conflicts of Interest. (DEC 2011) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (JAN 2017) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (JAN 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-13 System for Award Management Maintenance. (OCT 2018) 52.204-22 Alternative Line Item Proposal. (JAN 2017) 52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010) 52.226-6 Promoting excess food donation to nonprofit organizations. (MAY 2014) 52.232-18 Availability of Funds. (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) 52.233-3 Protest After Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) 52.242-5 Payments to Small Business Subcontractors. (JAN 2017) 52.242-15 Stop-Work Order. (AUG 1989) 52.242-13 Bankruptcy. (JUL 1995) 52.246-25 Limitation of Liability - Services. (FEB 1997) 1452.203-70 Restriction on Endorsements (JUL 1996) 1452.204-70 Release of Claims (JUL 1996) 1452.210-70 Brand Name or Equal (JUL 1996) 1452.226-70 Indian Preference (APR 1984) 1452.226-71 Indian Preference Program (APR 1984)

1480.505 Debarment and suspension.

http://www.acquisition.gov/far http://www.doi.gov/pam http://edocket.access.gpo.gov/2010/2010-7967.htm

I-2 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

I-3 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (MAY 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L.

115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

[X ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C.

3509).

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X ] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) (Reserved) [ ] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[ ] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[X ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

[ ] (10) (Reserved) [ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C.

657a).

[ ] (ii) Alternate I (NOV 2011) of 52.219-3.

[ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (ii) Alternate I (JAN 2011) of 52.219-4.

[ ] (13) (Reserved) [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[ ] (ii) Alternate I (NOV 2011).

[ ] (iii) Alternate II (NOV 2011).

[ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[ ] (ii) Alternate I (OCT 1995) of 52.219-7.

[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

[ ] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

[ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (NOV 2016) of 52.219-9.

[ ] (iii) Alternate II (NOV 2016) of 52.219-9.

[ ] (iv) Alternate III (NOV 2016) of 52.219-9.

[ ] (v) Alternate IV (AUG 2018) of 52.219-9.

[ ] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[ ] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C.

637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X ] (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)).

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[ ] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X ] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2018) (E.O.

13126).

[X ] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[ ] (28)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

[ ] (ii) Alternate I (FEB 1999) of 52.222-26.

[ ] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[ ] (ii) Alternate I (JUL 2014) of 52.222-35.

[ ] (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[ ] (ii) Alternate I (JUL 2014) of 52.222-36.

[ ] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[ ] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X ] (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ](36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[ ](37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[ ] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (OCT 2015) of 52.223-13.

[ ] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

[ ] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C.

8259b).

[ ] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[ ](ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [ ] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[ ] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[ ] (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[ ] (ii) Alternate I (JAN 2017) of 52.224-3.

[X ] (46) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).

[ ] (47)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I (MAY 2014) of 52.225-3.

[ ] (iii) Alternate II (MAY 2014) of 52.225-3.

[ ] (iv) Alternate III (MAY 2014) of 52.225-3.

[ ] (48) 52.225-5, Trade Agreements (AUG…