140A0724Q0008_PAGE3_43.pdf

SOLICITATION # 140A0724Q0008 BIA – UTE MOUNTAIN UTE AGENCY

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PART I – THE SCHEDULE

SECTION A – SOLICITATION CONTRACT FORM – SF 1442

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

See SF 1442, pg. 3

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1. CONTRACT TYPE

The Department of the Interior (DOI), Bureau of Indian Affairs (BIA), Southwest Regional Office (SWRO) anticipates awarding a single Firm Fixed Price for construction for the Ute Mountain Ute Agency. Set aside is Small Business. This is a competitive request for quote pursuant to FAR Part 13 Simplified Acquisition Procedures. The award will be selected by Lowest Price Technically Acceptable. The estimated price range is less than $25,000.

C.2. PROJECT

(a) BACKGROUND The Bureau of Indian Affairs (BIA), Office of Justice Services (OJS), Ute Mountain Ute Agency, Detention Center houses BIA detainees. Health and safety requirements include providing laundry services to the detainee. The current electrical system can’t handle commercial equipment;

therefore, an updated system is needed.

(b) DESCRIPTION The work covered under this contract consists procurement of all plant, labor, supervision, equipment, appliances, and materials for the performance of installing/connecting an electrical dryer circuit and associated work, and assuring it is operational.

(c) PROJECT LOCATION The BIA owned facility is at OJS, Ute Mountain Ute Agency, Detention Center, 107 Spruce Street, Towaoc, CO. The room is the laundry room is the main location. Other locations within and outside of the Detention Center may be entered, depending on the plan of the contractor.

C.3. DEFINITIONS / ACROMYNS

(a) BIA - Bureau of Indian Affairs

(b) Calendar Day (CD): Each day of the calendar year including workdays, weekends, and holidays.

(c) Contracting Officer (CO): the primary authority of a given contract, who can bind the Federal Government of the United States to a contract. Contracting Officers hold a warrant allowing them to negotiate on behalf of the United States Government. As the Government's agent only a CO may execute, modify, or terminate a contract.

(d) Contracting Officer’s Representative (COR): Government representative designated by the

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Contracting Officer authorized to act within the limitations imposed under the terms of the contract and by the Contracting Officer.

(e) Government Furnished Items: Items (e.g., equipment, facilities, materials services, etc.)

provided by the Government to the Contractor for use in performance of this contract.

(f) Notice to Proceed: An official document provided by the CO and signed by the Contractor acknowledging the contractor’s permission to start the awarded contractual work.

(g) Period of Performance: The allotted period for the completion of the awarded contract based on the contractual estimated completion time and starting upon the given date of the notice to proceed.

(h) Preconstruction or Post-award Conference: A meeting attended by designated representatives of the Government, Contractor, and Tribe. It shall be held after contract award and prior to the start of work. The purpose of discussing all aspects of the required work and any questions or concerns regarding the contract requirements or environmental conditions needing to be addressed.

(i) Performance Requirement - The point that divides acceptable and unacceptable performance of a task according to the PRS and the Inspection of Services clause. It is the number of defects or maximum percentage of defects in the lot that is acceptable.

(j) Performance Requirements Summary - A listing of the services outputs under the contract that are to be evaluated by the COR on a regular basis, the surveillance methods to be used for these outputs, and the performance requirements of the listed outputs.

(k) Quality Assurance - A planned and systematic pattern of all government actions necessary to provide confidence that adequate technical requirements are established; products and services conform to established technical requirements; and satisfactory performance is achieved. Quality assurance refers to actions by the government assurance functions for a contracted service. The term quality assurance is used colloquially as meaning post-award surveillance of the contractor's work.

(l) Quality Assurance Plan - A Quality Assurance Plan (QAP) for a particular contract includes a series of individual Surveillance Guides (SGs). The QAP also contains a copy of the performance requirements summary (PRS) for reference use by the quality assurance evaluator (QAE) together with inspection and report forms as appropriate.

(m) Quality Control - Those actions taken by a contractor to control the production of outputs to ensure that they conform to the contract requirements.

(n) Rework - Rework is the performance of services that were found to be defective as a result of contract surveillance or other validated sources.

(o) Surveillance - Surveillance is the process of monitoring, either by direct evaluation, observation, or other information sources, contractor performance.

C.4. GOVERNMENT FURNISHED PROPERTY AND SERVICES

(a) Items such as equipment, facilities, materials services, etc. provided by the Government to the Contractor for use in performance of this contract. If the Government provides property, equipment, or materials to be specifically used within the course of the contact, the contractor shall be informed of the specific property, equipment or materials and its intended use or function.

Ownership remains with the Government.

(b) Only those services that are generally performed at the BIA Mescalero Agency. Overage may be charged to the Contractor.

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(1) Utilities: The Contractor must make sure employees practice utilities conservation. The Contractor must be responsible for operating under conditions that prevent the waste of utilities.

(i) Lights must be used only in areas where work is being performed.

(ii) Employees must not adjust mechanical equipment controls for heating, ventilation, and air conditioning systems.

(iii) Water faucets or valves must be turned off when not in use.

(iv) Environmental and hazardous materials handling

(v) Note deficiencies. For example: water faucet leaking or broken, lights are out, etc.

C.5. CONTRACTOR FURNISHED ITEMS - SCOPE OF WORK

(a) GENERAL The Contractor shall be responsible for providing all personnel, equipment, tools, materials, supplies, transportation/travel, supervision, management and any other services or incidentals required for the successful completion of the contract. This contract is for electrical services in connection with the electrical power for a Detention Center laundry room at the BIA OJS Ute Mountain Ute Agency (UMU) on Ute Mountain Ute Tribe Reservation in southwestern Colorado. The Contractor shall be responsible for obtaining all permits, licenses, or other requirements for the transportation of equipment necessary for execution of the work. Copies of each document shall be submitted to the Contracting Officer Representative (COR)

(b) CONTRACTOR PERSONNEL

(1) Contractor Manager/Site Supervisor

(i) The contractor must provide a contract manager who must be responsible for the performances of the work. The name of this person, and an alternate or alternates who must act for the contractor when the manager is absent, must be designate in writing to the contracting officer

(CO).

(ii) The contract manager or alternative must have full authority to act for the contractor on all contract matters relating to daily operations of this contract.

(iii) The contract manager or alternate must be available during normal duty hours within 60 minutes to meet on the installation with government personnel (designated by the CO) to discuss problem areas. After normal duty hours, the manager and alternate(s) must be available within 2 hour(s).

(2) Contractor Employees

(i) The contractor must not employ persons for work on this contract if such employee is considered by the CO to be a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population.

(ii) Contractor personnel must easily be recognized as contractor employees. Including identifying as a contractor on an email, in accordance with FAR 37.114(c).

(iii) The contractor must make sure employees have the following current and valid professional certifications before starting work under this contract. No substitutes of personnel without notification and approval by the Contracting Officer.

(iv) The contractor must not employ any person who is an employee of the U.S. Government if employing that person would create a conflict of interest.

(v) All contractor employees must maintain satisfactory standards of competence, conduct, appearance, integrity and ethics.

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(vi) All contractor employees shall comply with contractor’s time and attendance policies and reporting requirements.

(c) SECURITY REQUIREMENTS

(1) All Contractor personnel assigned work on the installation shall wear identification badges that include the applicator’s name and color photograph and the Contractor’s company name and address. Vehicles used by the Contractor shall have the name of the Contractor’s company, meet all state laws for identification and placarding, and have lockable storage compartments for storing pesticides.

(2) The contractor must follow the security process at the BIA/BIE facility. The COR will provide the necessary facility pass requirements, security clearance requirements, etc. The contractor is required to check in and out at the main office daily when entering and leaving the facility. BIA reserves the right to inspect all boxes, packages etc., coming into and exiting from any BIA facility.

(3) BIA reserves the right to perform background investigation and determination of suitability for employment on any person(s) who are to perform work.

(i) Projects performed in five (5) working days or less requires no investigation and the contractor is treated as an escorted visitor. The Government escort must be a person who has completed a federal investigation.

(ii) Projects performed more than five (5) working days require an investigation for the Site Superintendent before contract performance. If background check is not completed and the project is necessary to be begin, a Government escort will be paid for the Contractor until the background check is satisfactorily completed.

(iii) The BIA Personnel Security and Suitability Program in conjunction with the US Office of Personnel Management will conduct the investigation. Please contact BIA at 505-563- 5287/5288/5289/5294 in order to obtain a complete security package; which includes but is no limited to appropriate investigative forms and/or inquire about previous investigation; and obtain a screening (applicant and suitability) determination and subsequent final background investigation.

(d) QUALITY CONTROL

(1) In compliance with the FAR 52.246-4, the contractor must provide a quality control plan that contains, at a minimum, the items listed in 4.ii to the COR for acceptance not later than the postaward conference. The COR will notify the contractor of acceptance or required modifications to the plan before the contract start date. The Contactor must make appropriate modifications.

COR will provide a copy to the CO.

(2) The plan must include:

(i) A description of the inspection system to cover all services listed on the performance requirements summary (PRS) (Attachment D.1). The description must include specifics as to the areas to be inspected on both a scheduled and unscheduled basis, frequency of inspections and the title and organizational placement of the inspectors.

(ii) A description of the methods to be used for identifying and preventing defects in the quality of service performed.

(iii) A description of the records to be kept to document inspections and corrective or preventative actions taken.

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(3) The records of inspection must be kept and made available to the COR and CO, when requested, throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract.

(e) QUALITY ASSURANCE According to the Inspection of Service clause FAR 52.246-4, the Government will evaluate the contractor’s performance under this contract. For those tasks listed on the PRS, the COR will follow the methods or surveillance observations. When an observation indicates defective performance, the COR will require the Contract Manager or alternative(s) to initial the observation.

The initialing of the observation does not necessarily constitute concurrence with the observation, only acknowledgement that he or she has been made aware of the defective performance.

Government surveillance of tasks not listed in the PRS or by methods other than those listed in the PRS (such as provided for by the Inspection of Services clause) may occur during the performance period of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions. Any action taken by the CO as a result of surveillance will be in accordance with the terms of the contract.

(f) PERFORMANCE EVALUATION MEETINGS

(g) The CO may require the Contract Manager to meet with the CO, COR and other BIA personnel as deemed necessary. The contractor may request a meeting with the CO when he or she believes such a meeting is necessary. Written minutes of any such meetings must be recorded in the contract and signed by the Contract Manager and the CO. If the contractor does not concur with any portion of the minutes, such nonconcurrence must be provided in writing to the CO within 3 calendar days following receipt of the minutes.

(h) TASKS Description of work listed is intended to indicate nature of work required and are not necessarily in sequential order:

(1) Review installation documents, follow all National Electrical Codes, and review details of the electrical requirements and connection for the electrical dryer.

(2) Make visual inspection of the property’s current electrical wiring disconnects, service connections and conditions, in the building electrical panels. This is to assure the new equipment or supplies are compatible with the existing system.

(3) Make visual inspection of adjoining 480V electrical main service.

(4) Verify where the electrical outlet(s) for the commercial laundry dryer will be placed.

(5) Install 1 each 150A circuit breaker at main 480V service panel.

(6) Install 100 feet of 1 1/2” conduit from 480V service panel to disconnect box in upper floor and to lower floor in laundry room commercial electric dryer laundry equipment. Secure and anchor piping along southwest and south wall on upper mechanical room floor. Concrete core drilling will be required from upper floor to access lower floor to run conduit into laundry room.

(7) Run 100 feet of 1/0 AWG wire size for (1 phase) 208V connection from main 480V service panel to disconnect box and commercial electrical dryer laundry equipment.

(8) Install 1 each 480V to 208V (3 phase) transformer, next to service disconnect for 208V on upper floor, and secure to floor.

(9) Test and check voltage at all junction connection, and secure all electrical box covers.

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(10) Test amperage at electrical dryer laundry equipment location.

(11) Make arrangement to remove/dispose of all debris.

(12) Notify COR of any potential unsafe conditions found during installation in a detailed report.

(13) Assure electrical power to the commercial dryer(s) are operational.

(i) WORK REQUIREMENTS

(1) Equipment. Materials & Supplies: The Contractor shall furnish a new equipment in accordance with FAR 52.236-5 Material and Workmanship. NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty.

(a) Licensure: The Contractor shall be responsible for providing all State, County, City or Tribal permits, licensure or other requirements for the work described in under this contract.

Contractor vehicles may have to be registered or certified with the tribe. Copies of each permit, licensure or other requirements shall be provided to the COR.

(2) Insurances: The contractor shall maintain Insurances throughout the course of the contract to include but not limited to General Liability, Business Auto, Workmen’s Compensation, Employers Practices Liability, Commercial Property, Flow Breakout Containment, Pollution Coverage. Proof of insurances shall be provided to the COR to commencement of work.

(3) Payroll & Timesheets: The contractor shall furnish copies of all the standard time sheets, daily work reports and any other documents used for the propose of determining billing/ charges or operation costs. Use DOL WH-347 Federal Pay

(4) Travel and Per Diem: Travel cost for lodging, meals, and incidental expenses are limited to the maximum GSA per diem rates in effect at the time of travel in accordance with the Federal Travel Regulations. The Colorado FY 23 rates are located at FY 202https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-rates-results?action=perdiems_report&fiscal_year=2023&state=CO&city=&zip=3 Per Diem Rates for Colorado | GSA under Cortez, Montezuma County.

(5) Material Safety Data Sheets: The Contractor shall provide a copy of the Material Safety Data Sheets (MSDS) to the COR for each of the products used to perform services defined within the contract. The MSDS must be submitted to the COR prior to use of the materials on site.

(6) Field Verification: The Contractor shall coordinate and verify the site where the building’s electrical work is located, allow for safe access within the Detention Center or avoiding unauthorized areas, and review existing conditions prior to commencement of work. Report to the COR any condition adversely affecting work.

(7) Keep driveways and entrances serving the premises clear and available to the local BIA employees and public at all times.

(8) At the close of each workday and at the end of the contract, the Contractor shall remove all work equipment and tools from the area.

(9) The Contractor shall complete and execute a Work Plan with a Proposed Schedule, Safety Plan, Quality Assurance Plan, Discharge Plan, and any other required documents prior to commencement of the work.

(10) Disposal of Materials: The Contractor shall be responsibility for the disposal of all excess debris materials in accordance with the Environmental Protection Agency (EPA) Regulations.

Dumping is NOT permitted within the Ute Mountain Ute Tribe Reservation boundary; thus, all excess electrical material waste debris, must be transported off the Ute Mountain Ute Tribal lands.

Nearest suggested landfill location is Crouch Mesa Landfill (San Juan County) or landfill approved by contractor.

(11) Cooperation with others: The Government, tribes and/ or pueblos may have other personnel

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in the same area in which the work is being performed. Other contractors may be working with the area. The contactor shall in the best interest of the Government provide all necessary cooperation so work being performed by other entities within the area are not disrupted or hindered. The Government will determine the prevailing degree of cooperation required by the contractor with other entities working within the region and disseminate the terms of such required cooperation to the contractor.

(j) REGULATIONS

(1) Occupational Safety and Health Administration (OSHA): The contractor shall adhere to all regulations set forth in (Standard – 29 CFR 1926 for all applicable subparts and sections)

(2) NFPA 70, National Electrical Code (NEC

(3) Other relevant Federal and State laws, regulations, policies, and guidance, as well as pertinent Tribal ordinances, policies/procedures pertaining to this project.

The BIA will not provide copies of the documents.

SECTION D – 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.

SECTION E – INSPECTION AND ACCEPTANCE

E.1. 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

or

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

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

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

SECTION F – DELIVERIES OR PERFORMANCE

F.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, full text of a clause may be accessed electronically at this address:

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https://acquisition.gov

FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES

FAR CLAUSE CLAUSE TITLE CLAUSE DATE

52.211-13 Time Extensions Sept 2000 52.242-14 Suspension of Work Apr 1984 52.242-15 Stop-Work Order Aug 1989 52.242-17 Government Delay of Work Apr 1984

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

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 210 calendar days. The time stated for completion shall include final cleanup of the premises.

F.2. 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEP 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 $158.00 for each calendar day of delay until the work is completed or accepted.

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

F.3. 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least seventy (70%) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction, and the Contracting Officer determines that the reduction would be to the advantage of the Government.

F.5 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

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(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government.

In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

F.6. DAYS OF WORK

(a) Construction work will not be permitted on Saturdays, Sundays, during Federal Holidays, or any other declared Government holiday. When any of the holidays falls on Saturday, the preceding Friday is established as a holiday for Government employees or when any of the above holidays falls on a Sunday, the Monday following that day is established as a holiday for Government employees. No construction will be permitted on those days; however, the CO, when in his/her opinion is justified, may grant the Contractor permission to work on any of the above days upon written application by the Contractor in advance.

(b) Holidays are in accordance with the U.S. Government Office of Personnel Management website: https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=2023.

Future calendar years can be found at the same website.

(c) Emergency or Special Event Services Workdays may be interrupted by unannounced closures of the Tribe due to Tribal Traditional Activities or OJS Detention Center event. The COR will inform the Contractor of the event.

F.7. HOURS OF WORK

(a) Contractor working hours will normally be between the hours of 8:00 a.m. and 5:30 p.m.

(b) Except in executive, administrative, and supervisory positions, no individual directly employed on the project may be permitted to work more than 40 hours per work week.

(c) The Contractor shall submit to the Contractor Officer the name and legal address of each foreman to be employed upon the work prior to his entrance on duty. The foreman shall be affected by the 40-hour workweek provision above if their duties are strictly supervisory or administrative, but any foreman working with tools and performing the duties of a journeyman, mechanic, or engaged in manual labor will be limited by the 40-hour workweek provision notwithstanding the possibly of working only a portion of the 40-hour workweek as a journeyman, mechanic, manual labor.

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SECTION G – CONTRACT ADMINISTRATION DATA

G.1. 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016)

(a) Definition.

“First-tier subcontract” means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect costs.

(b) The Contractor shall report, in accordance with paragraphs (c) and (d) of this clause, annually by October 31, for services performed under this contract during the preceding Government fiscal year (October 1-September 30).

(c) The Contractor shall report the following information:

(1) Contract number and, as applicable, order number.

(2) The total dollar amount invoiced for services performed during the previous Government fiscal year under the contract.

(3) The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year.

(4) Data reported by subcontractors under paragraph (f) of this clause.

(d) The information required in paragraph (c) of this clause shall be submitted via the internet at www.sam.gov. (See SAM User Guide). If the Contractor fails to submit the report in a timely manner, the contracting officer will exercise appropriate contractual remedies. In addition, the Contracting Officer will make the Contractor’s failure to comply with the reporting requirements a part of the Contractor’s performance information under FAR subpart 42.15.

(e) Agencies will review Contractor reported information for reasonableness and consistency with available contract information. In the event the agency believes that revisions to the Contractor reported information are warranted, the agency will notify the Contractor no later than November

15. By November 30, the Contractor shall revise the report or document its rationale for the agency.

(f)(1) The Contractor shall require each first-tier subcontractor providing services under this contract, with subcontract(s) each valued at or above the thresholds set forth in 4.1703(a)(2), to provide the following detailed information to the Contractor in sufficient time to submit the report:

(i) Subcontract number (including subcontractor name and unique entity identifier); and

(ii) The number of first-tier subcontractor direct-labor hours expended on the services performed during the previous Government fiscal year.

(2) The Contractor shall advise the subcontractor that the information will be made available to the public as required by section 743 of Division C of the Consolidated Appropriations Act, 2010.

G.2. 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent

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superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

G.3. 1452.201-70 AUTHORITIES AND DELEGATIONS – DEPARTMENT OF

INTERIOR ACQUISITON REGULATIONS (SEP 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.

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G.4. ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP) (APR 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.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Payroll (WH-347) with invoice with COR approval.

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 (RFBB) prior to the contract award date, but no more than 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.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. TRIBAL CULTURE, TRADITION AND SOVEREIGNTY

The Contractor should be aware tribes are often closed during ceremonial events occurring throughout the year. The contractor will be informed 5 to 10 days in advance of any restrictions impacting contractual work due to planned tribal events. Additionally, tribal sovereignty, may require an addition of tribal specific taxes and or public health restrictions. Any additional tribal taxes may apply to the contractor for the contract will be discussed with the COR and a tribal representative prior to initial mobilization to the job site. Additional restrictions for public health and safety from standard state and federal regulations may also apply for entrance into tribal land.

Any preexisting restrictions will be discussed prior to initial mobilization to job site and the tribe has been requested to provide a minimum of a 5-day notification of variation to any tribal public health and safety restrictions might affect contractors access to job site or progression of contract completion.

H.2. TRIBAL TAXES, REQUIREMENT AND/OR RESTRICTIONS

(a) Special attention is called to clauses FAR 52.229-4 Federal, State, Local Taxes, and FAR 52.236- 7 Permits and Responsibilities. Contractor is responsible for contacting the Tribe or Tribal

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organization involved regarding their resolution(s) on tribal taxes, requirements and/or other applicable tribal laws. Non-compliance regarding the above may result in the offerors or contractor being determined non-responsive.

(b) Current available information

(1) State of Colorado, Department of Revenue, Taxation Division https://tax.colorado.gov/businesses

(2) Ute Mountain Ute Tribe https://www.utemountainutetribe.com/contact%20us.html

H.3. ENVIRONMENTAL IMPACT

(a) All waste materials generated by any work under the contract shall at all times be handled, transported, stored, and disposed of by the contractor and/or subcontractor(s) in accordance with all applicable Federal, State, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251); the Clean Air Act as amended (42 U.S.C. Sec 7401);

the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); Solid Waste Disposal Act, as amended (42 U.S.C. 6901).

(b) The Contractor shall utilize products and material made from biobased materials (e.g., biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. All supplies and materials to be used in the performance of work described herein are subject to the approval of the COR.

(c) Contractor vehicles and equipment must be free of any leaks (gas, oil, coolant, etc.) before entering the Ute Mountain Ute Tribe Reservation.

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, full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov.

FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES

CLAUSE CLAUSE TITLE CLAUSE DATE

52.202-1 Definitions Jun 2020 52.203-3 Gratuities Apr 1984 52.203-5 Covenant Against Contingent Fees May 2014

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52.203-6 Restrictions on Subcontractors Sales to the Government Jun 2020 52.203-7 Anti-Kickback Procedures Jun 2020 52.203-8 Cancellation, Rescission, and Recover of Funds for Illegal or Improper Activity May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions Jun 2020 52.203-13 Contractor Code of Business Ethics and Conduct Nov 2021 52.203-16 Preventing Personal Conflicts of Interest Jun 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights Jun 2020 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 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards Jun 2020 52.204-12 Unique Entity Identifier Maintenance Oct 2016 52.204-13 System for Award Management Maintenance Oct 2018 52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 52.204-23 Prohibition on Contracting for Hardware Software and Services

Developed or Provided by Kasperky Lab and Other Covered Entities Nov 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications And Video Surveillance Services or Equipment Nov 2021 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment Nov 2021 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov 2015 52.211-5 Material Requirements Aug 2000 52.211-18 Variation in Estimated Quantity Apr 1984 52.215-2 Audit and Records – Negotiation Jun 2020 52.215-8 Order of Precedence-Uniform Contract Format Oct 1997 52.215-14 Integrity of Unit Prices Nov 2021 52.219-6 Notice of Total Small Business Set-Aside Nov 2020 52.219-8 Utilization of Small Business Concerns Oct 2022 52.219-28 Post-Award Small Business Program Rerepresentation Mar 2023 52.222-1 Notice of the Government of Labor Disputes Feb 1997 52.222-3 Convict Labor Jun 2003 52.222-4 Contract Work Hours and Safety Standards Act – Overtime

Compensation May 2018 52.222-6 Construction Wage Rate Requirements Aug 2018 52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls & Basic Records Jul 2021

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52.222-9 Apprentices and Trainees Jul 2005 52.222-10 Compliance with Copeland Act Requirements Feb 1988 52.222-11 Subcontracts (Labor Standards) May 2014 52.222-12 Contract Termination –Debarment May 2014 52.222-13 Compliance with Construction Wage Rate Requirements and

Related Regulations May 2014 52.222-14 Disputes Concerning Labor Standards Feb 1988 52.222-15 Certification of Eligibility May 2014 52.222-16 Approval of Wage Rates May 2014 52.222-19 Child Labor-Cooperation with Authorities and Remedies Dec 2022 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment

Exceeding $15,000 Jun 2020 52.222-21 Prohibition of Segregated Facilities Apr 2015 52.222-26 Equal Opportunity Sep 2016 52.222-27 Affirmative Action Compliance Requirements for Construction Apr 2015 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method) Aug 2018 52.222-35 Equal Opportunity for Veterans Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities Jun 2020 52.222-37 Employment Reports on Veterans Jun 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act Dec 2010 52.222-50 Combating Trafficking in Persons Nov 2021 52.222-54 Employment Eligibility Verification May 2022 ^$150K 52.222-55 Minimum Wages Under Executive Order 13658 Nov 2020 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts Sept 2013 52.223-3 Hazardous Material Identification and Material Safety Data (Alt 1) Feb 2021 52.223-5 Pollution Prevention and Right-to-Know Information May 2011 52.223-6 Drug-Free Workplace May 2001 52.223-7 Notice of Radioactive Materials Jan 1997 52.223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items May 2008 52.223-10 Waste Reduction Program May 2011 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners Jun 2016 52.223-15 Energy Efficiency in Energy-Consuming Products May 2020 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts Aug 2018 52.223-18 Encouraging Contractor Policies to Ban Text Messaging

While Driving Jun 2020 52.223-19 Compliance with Environmental Management Systems May 2011 52.225-1 Buy American-Supplies Oct 2022 52.225-13 Restrictions on Certain Foreign Purchases Feb 2021

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52.227-1 Authorization and Consent Jun 2020 52.227-4 Patent Indemnity -- Construction Contracts Dec 2007 52.228-2 Additional Bond Security Oct 1997 52.229-4 Federal, State and Local Taxes (State and Local Adjustment) Feb 2013 52.232-5 Payments under Fixed-Price Construction Contracts May 2014 52.232-16 Progress Payments Nov 2021 52.232-17 Interest May 2014 52.232-23 Assignment of Claims May 2014 52.232-27 Prompt Payment for Construction Contracts Jan 2017 52.232-33 Payment by Electronic Funds Transfer-System for Award

Management Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors Nov 2021 52.233-1 Disputes May 2014 52.233-3 Protest After Award Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.236-2 Differing Site Conditions Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work Apr 1984 52.236-5 Material and Workmanship Apr 1984 52.236-7 Permits and Responsibilities Nov 1991 52.236-8 Other Contracts Apr 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvement Apr 1984 52.236-10 Operations and Storage Areas Apr 1984 52.236-11 Use and Possession prior to Completion Apr 1984 52.236-12 Cleaning Up Apr 1984 52.236-13 Accident Prevention Nov 1991 52.236-14 Availability and Use of Utility Services Apr 1984 52.236-17 Layout of Work Apr 1984 52.236-21 Specifications and Drawings for Construction Feb 1997 52.236-26 Preconstruction Conference Feb 1995 52.237-2 Protection of Government Buildings, Equipment, and Vegetation Apr 1984 52.237-7 Indemnification and Medical Liability Insurance Jan 1997 52.242-13 Bankruptcy Jul 1995 52.243-4 Changes Jun 2007 52.243-5 Changes and Changed Conditions Apr 1984 52.243-7 Notification of Changes Jan 2017 52.244-6 Subcontracts for Commercial Items and Services Jun 2023 52.246-21 Warranty of Construction Mar 1994 52.249-2 Termination for Convenience of the Government (Fixed-Price) Apr 2012 Alternate I Sept 1996 52.249-10 Default (Fixed-Price Construction) Apr 1984 52.253-1 Computer Generated Forms Jan 1991

DEPARTMENT OF THE INTERIOR ACQUISITION REGULATIONS (DIAR) CLAUSES

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CLAUSE CLAUSE TITLE CLAUSE DATE