140A0725R0002_PG3_40.pdf

SOLICITATION # 140A0725R0001 BIA-OFFICE OF JUSTICE SERVICES DISTRICT IV

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B. CONTINUATIONOF SF 1449

B.1. SF 1449 Block 19 through 24

(a) Block 20 – Schedule of Supplies/Services - Period of Performance and Unit Price

Per Day Inmate Transport Per Hour Base Year Feb 1, 2025 to Jan 31, 2026 $________ $________ 1st Option Year Feb 1, 2026 to Jan 31, 2027 $________ $________ 2nd Option Year Feb 1, 2027 to Jan 31, 2028 $________ $________ 3rd Option Year Feb 1, 2028 to Jan 31, 2029 $________ $________ 4th Option Year Feb 1, 2029 to Jan 31, 2030 $________ $________ Estimated number of days per year is 168. This number may be increased or decreased based on the actual number of inmates.

Option years will be exercised via a modification.

Transportation rate does not include mileage. See Section B.3.10.(k).

(b) Block 24 Amount – Funding shall be under each Task Order against this contract.

B.2. Contract Type

The Department of the Interior (DOI), Bureau of Indian Affairs (BIA), Southwest Regional Office (SWRO), Division of Acquisitions anticipates awarding a single Firm Fixed Price, Indefinite Quantity Contract for Adult Detention Center Services to the BIA Office of Justice (OJS), District IV, Division of Corrections in Albuquerque, New Mexico. This is a non-competitive contract pursuant to FAR Part 12 Commercial Items and FAR 13 Simplified Acquisition Procedures. This acquisition is other than full and open competition, meaning no set-aside. The award will be selected by Lowest Price Technically Acceptable. This contract is applicable to the Service Contract Labor Standards, see Attachment D.1. Department of Labor wages.

B.3. Performance Work Statement

B.3.1. Background

BIA OJS must provide detention housing for all detainees. BIA OJS does not have housing available in the area; therefore, detention/correctional center needs to be contracted. By the authority of statute, 25 U.S.C Section 2802(b) and 25, U.S.C Section 2802(c)(l) the Bureau of Indian Affairs, Office of Justice Services shall obtain adult detention/correctional services, which includes the provision of housing and services associated with the detention of offenders.

B.3.2. Contract Purpose The Contractor shall provide safe and secure detention/correctional services at their location in accordance with the specific tasks as outlined in section B.3.10. The Contractor shall provide housing and associated services within its detention facility (the “Facility”), for adult arrestee(s)/inmates(s) who have been arrested, awaiting transport, awaiting adjudication, serving sentences after conviction, awaiting release from custody as a result of having been arrested or convicted of tribal/CFR violations occurring within Indian Country jurisdiction.

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B.3.3. Contractor Personnel

(a) Contractor Manager

(1) The contractor must provide a contract manager who must be responsible for the performances of the work on site, per Facility policy and procedures. 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).

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

(3) The contract manager or alternate must be available during normal duty hours within 60 minutes to meet 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 hours.

(4) This person may be the same person who can sign the contract and all modifications on behalf of the Facility.

Authorized Signer Contract Manager Name

Title

Email

Phone No.

(b) Contractor Employees

(1) The Warden shall oversee all operations of the contract. This person may also be the Contract Manager.

Name: ____________________ Email: ____________________

Phone: ____________________

(2) A Contractor staff will be designated to oversee BIA OJS invoices and discrepancies.

Name: ____________________ Title:______________________ Email: ____________________ Phone: ____________________

(3) 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.

(4) Contractor personnel must easily be recognized as contractor employees.

(5) The Contractor shall employ only skilled, trained workers familiar with the correctional services

(6) The Contractor must make sure employees have current and valid professional certifications before starting work under this contract.

(7) The Contractor shall ensure that the Facility shall always have sufficient staff to perform functions relating to the security, custody, and supervision of inmates in accordance with best

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practices for supervision according to the New Mexico Association of Counties (NMAC) Adult Detention Professional Standards.

(8) 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.

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

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

(11) The Contractor shall conduct criminal records check in accordance with facilities policies and the NMAC Adult Detention Professional Standards, at a minimum a fingerprint check on employees.

B.3.4. Definitions/Acronyms

As used throughout this contract, the following terms shall have the meaning set forth below and specified as applicable to this contract.

(a) American Correctional Association (ACA) means American Correctional Association. ACA

Core Jail Standards will be used as a form of measurement to guide all aspects of Facility operations to include safety, security, order, programs, justice, administration, and plant management, which regulate Facility policy and practice.

(b) BIA OJS or Agency - The United States Department of the Interior, Bureau of Indian Affairs, (BIA), Office of Justice Services (OJS).

(c) Agency jurisdiction - Is the jurisdiction of the BIA OJS and or another federally recognized Native American Indian tribe; including Indian Reservation land, Indian allotment land, and land designated as Indian Territory.

(d) Arrestee or inmate - For purposes of this contract applies to a tribal or Native American Indian person(s) arrested under the authority of the BIA OJS and the personal jurisdiction of a tribal or CFR Court.

(e) Bureau of Indian Affairs (BIA) - As a bureau with the United States Department of the Interior, to protect the interests, resources, lands, and peoples of the federally recognized American Indian and Alaska Native tribes.

(f) Code of Federal Regulations (CFR) Court-The role of Indian tribal courts in the justice system.

(g) Contracting Officer (CO) - The individual with the authority to enter, administer, and/or terminate contracts and make related determinations.

(h) Contracting Officer's Representative (COR) -The individual designated and authorized in writing by the Contracting Officer to be responsible for surveillance and monitoring of the Contractor's performance.

(i) Correctional Program Specialist (CPS). For this contract the CPO and COR may be the same individual.

(j) County-Applies to the county where the detention facility is located.

(k) Contractor - The term herein refers to both the prime Contractor and any subcontractors. The prime Contractor shall ensure that all subcontractors comply with the provisions of this contract.

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(l) Cross cultural communication - Is the collective way of life of a people in a particular society;

the standards, perspectives and the physical objects that constitute everyday life; the shared sets of understandings and expectations about how to think, feel and act; transmitted from generation to generation; cultures are neither totally integrated nor perfectly homogenous.

(m) Defective Performance - A service output that does not meet the standard of performance requirement specified in the contract for that service.

(n) Government - The United States Government, Department of the Interior, Bureau of Indian Affairs, Office of Justice Services.

(o) GSA Mileage rate – The rate (no government-furnished automobile is authorized) used to pay for mileage of inmate transport. https://www.gsa.gov/travel/plan-a-trip/transportation-airfare-rates-pov-rates-etc/privately-owned-vehicle-pov-mileage-reimbursement effective to 01/01/2025. Future rates should be available at the website. If the website no longer is working, then look for GSA POV Mileage on the internet.

(p) Indian Country-A term as defined in Section 1151 of Title 18, United States Code. "(a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same."

(q) Indian Health Services (IHS) - Health and medical facilities that serve Native American Indian’s, Alaska Natives, and their decedents.

(r) Indian reservation or reservation - Land within the legal jurisdiction of a Federally recognized Native American Indian tribe, Bureau of Indian Affairs, or United States Department of the Interior.

(s) Local jurisdiction - Refers to and may include county, city, and tribal areas of jurisdiction.

(t) NMAC Adult Detention Professional Standards 3rd Ed., Revised October 2018 -

(u) Office of Justice Services (OJS) - As it is a part of the Bureau of Indian Affairs, it is responsible for the overall management of the Bureau's law enforcement program of which the Division of Corrections in one area.

(v) 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.

(w) Performance Requirements Summary - An outline of contract requirements which identifies the key service outputs, standards, surveillance, and assessments, which will be inspected or surveyed by the COR or other designated Government personnel.

(x) Performance Work Statement (PWS) - a statement of work for performance-based acquisitions that describes the required results in clear, specific, and objective terms with measurable outcomes.

(y) Period of Performance (POP) - The duration or timeframe of which the contract is valid.

(z) 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.

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(aa) 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.

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

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

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

(ee) Supervisory Program Specialist means the BIA OJS District personnel tasked to work directly with detention/correction facilities.

(ff) Tribal violation - A violation the criminal law(s) of a tribal court or CFR Court which has jurisdiction over the arresting agency.

(gg) Unusual incident - A special circumstance that requires attention in addition to everyday management of the correctional facility, this may include a serious injury or medical condition, death, escape, and change of the location of the tribal arrestee or inmate and is not limited to these examples.

B.3.5. Quality Control

(a) In compliance with the FAR 52.246-4, the contractor must provide an inspection system also called quality control plan that contains, at a minimum, the items listed in section (b) below 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.

(b) The plan must include:

(1) A description of the inspection system to cover all services listed on the performance requirements summary (PRS) (Attachment D.2). 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.

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

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

(4) Conformance with the MM04-Quality Improvement Standard of the New Mexico Government Accreditation Program, Adult Detention Professional Standards, which states the contractor shall implement a Quality Control Program to assure that the requirements of the contract are provided as specified.

(c) 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. Any changes must be made to plan immediately.

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B.3.6. Quality Assurance

According to the Inspection of Service clause FAR 52.246-4, the Government will evaluate the contractor’s performance under this contract. In addition, in accordance with the NMAC Adult Detention Professional Standards 3rd Ed. Revised October 2018. 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 because of surveillance will be in accordance with the terms of the contract.

B.3.7. Performance Evaluation Meetings

(a) Postaward Meeting - The purpose of the meeting is to review the contract terms and conditions and identify Key Personnel on both parties. Participants without authority to bind the Government shall not take action that in any way alters the contract. The COR shall provide written minutes within 5 business days after the meeting to the Contractor Manager for review/concurrence. The COR will provide the final minutes to the Contractor and CO.

(b) The CO or COR 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 and/or COR when he or she believes such a meeting is necessary. The party calling the meeting will provide written minutes of any such meetings which 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 5 calendar days following receipt of the minutes.

B.3.8. Hours of Operations

(a) Normal Hours of Operation The Contractor must perform the services required under this contract 24 hours a day, 7 days a week, and yearly. Any deviations to the schedule must be approved in advance to the COR.

(b) Holidays 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=2025. Future calendar years can be found at the same website. The holiday schedule will affect the BIA administrative staff, not BIA Police Officers.

B.3.9. Government Furnished Property (GFP) and Services

The BIA has no GFP or Services to furnish to the Contractor.

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B.3.10. Contractor-Furnished Items and Services (Tasks)

The Contractor shall incarcerate by providing housing and services to tribal persons who have committed violations of criminal federal or tribal law and are approved, through the BIA OJS protocols, to be at the Adult Detention Center

(a) Task #1 – The Contractor shall inquire and receive information from the BIA OJS or Tribal Police Officer regarding any medical concerns at the time of transport and admission of the arrestee(s)/inmates(s). The Contractor reserves the right to turn away and refuse custody or housing to inmates identified by the Facility’s medical or mental health director as being a heightened liability to the Contractor.

(b) Task #2 - The Contractor shall provide a medical and suicidal screening at the time of inmate booking or admission. The arresting Agency or Agency Tribal Police Officer shall provide information regarding any known medical concerns at booking. Contractor reserves the right to turn away and reject custody acceptance of any person believed or otherwise identified as a heightened liability to the Contractor. The Warden or his designee reserves the right to refuse housing of any inmates in the Facility.

(c) Task #3 - The Contractor shall release to a responsible party (BIA Uniformed Police Officer(s), BIA Correctional Officer(s) and person(s) identified by court order) incarcerated tribal arrestee(s)/inmates(s) upon receipt of valid court order, or at the request of BIA Uniformed Police Officer(s) or BIA Correctional Officer(s). No BIA inmates shall be released to the street unless specified by court order. Any unusual/serious incident which affects any BIA OJS inmate held under this contract/purchase order is to be reported to the District CPS/COR (contact below) within 24 hours of occurrence. If the incident resulted in death, serious injury or medical condition, escape, or change of location of the youth, the Facility will immediately notify the District CPS/COR or their designee. The Contractor shall notify the COR within 24 hours of any unusual incidents which affects a bureau or tribal arrestee/inmate held under this contract.

(d) Task #4 - The Contractor agrees to protect inmates in the custody of BIA OJS from harm in accordance with the NMAC Adult Detention Professional Standards and, if applicable, the Indian Civil Rights Act of 1968, 25 U.S.C. 1302, et. seq.

(e) Task #5 - The Contractor agrees to maintain a clean, healthy, sanitized, and orderly environment with clear expectations of inmate behavior. The Contractor will comply with the NMAC Adult Detention Professional Standards 3rd Ed. Revised October 2018.

(f) Task #6 - The Contractor agrees to provide for the basic needs, health, hygiene, and personal care of inmates.

(g) Task #7 - The Contractor shall accommodate Native American Indian culture and religion when available.

(h) Task #8 - The Contractor will maintain gender separation between male and female inmates.

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(i) Task #9 - The Contractor will maintain gender separation between male and female inmates.

(j) Task #10 - Bureau or Tribal inmate(s)/prisoner(s), held under this contract are not eligible for community service without the express written approval form. D4corrections@bia.gov. The Contractor agrees to email a daily roster every morning to d4corrections@bia.gov no later than 10:00 a.m. local time, except for weekends or holiday. At minimum, the roster shall include the Tribal inmate’s name, date and time of booking and date of release.

(k) Task #11 - The BIA OJS shall be responsible for transporting inmates in the custody of BIA OJS except where the COR has pre-approved the Contractor to provide transportation. The Facility agrees to provide transport as needed, if staffing levels allow, when such transport has been requested by the placing agency and pre-approved by the BIA OJS District IV, SAC, or their designee. Transport will then be coordinated with the COR, or their designee. The fees of travel are negotiated into the contract. Facility agrees, when available and upon preapproval through the BIA OJS District Office, to transport services for BIA OJS inmates. The cost for such services as listed at Section B.1. rounded to the nearest 15 minutes plus the current GSA mileage rate.

(l) Task #12 - Medical

(1) The Contractor shall address emergency, routine non-emergency medical, psychological and dental needs of inmates through an established medical professional assessment.

(2) BIA OJS will only reimburse the Contractor for medical services if the treatment has been pre-approved by BIA OJS.

(3) Payment

(i) Payment for inmate emergency medical services will be submitted to the IHS Clinic providing health care to the adult inmates. In instances where there is a remaining balance after IHS and/or Medicare pays their portion, BIA OJS will only reimburse the facility for those medical services pre-approved by BIA OJS. BIA OJS will only reimburse the facility, and not the actual provider of treatment, for authorized emergency medical and mental health services, dental care, and prescription medications.

(ii) In instances where IHS rejects claims for care provided by a non-Indian facility and the costs cannot be recovered by the provider under other Federal or State programs, the Contractor will be billed by the provider.

(iii) BIA OJS will only reimburse the Contractor, and not the actual provider of treatment, for authorized emergency medical, mental health, and dental health care and medications. The provider shall bill the Contractor and if pre-approved, the BIA will reimburse the Contractor.

Depending on the type of emergency and or care needed, time to gain preapproval may not be available. Either way, reimbursement for any such services must be timely.

(4) The following is a list of IHS and tribal healthcare facilities by preference:

(i) Santa Fe Indian Health Services

1700 Cerrillos Road Santa Fe, New Mexico 87505

(505) 988-9821

(ii) Kewa Health Services, Santo Domingo Pueblo, NM

(iii) Santa Clara Health Services, Santa Clara Pueblo, NM

(iv) San Felipe Health Services, San Felipe Pueblo, NM

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(5) Contractor, when feasible, will notify BIA prior to transport, of a BIA inmate being transported out for medical or other emergency needs, however the inmate’s immediate health care will be a priority. All emergency related transports out of the Facility require notice to the Warden and will be handled by a professional trained Detention Officer of the Facility and/ or Supervisor using Contractor’s inmate transport vehicle.

(6) Contractor will transport inmates in need of emergency healthcare or behavior health care to the closest hospital depending on the urgency of the medical need and first responder’s recommendation. The Facility shall promptly notify the BIA OJS representative, or their designee, of such medical needs to afford the Agency the opportunity to arrange for the treatment.

(i) Christus St Vincent Regional Medical Center

455 St Michaels Drove Santa Fe, New Mexico 87505

(505) 913-3361

(ii) Emergency Care at Presbyterian Santa Fe Medical Center 4801 Beckner Road Santa Fe, New Mexico 87507

(505) 772-1234

(m) Task #13 - The Contractor shall make available any inspections, evaluation, or monitoring reports to the COR or BIA OJS staff upon written or verbal request when made to the appropriate personnel. These inspections will include third-party inspections related to the facility operations.

Some of these inspections include but are not limited to health, sanitation, fire safety, fire equipment, plant management inspections, state inspections results, and /or other program review results

B.3.11. Worksite Requirements

(a) While providing services under this project, the Contractor is responsible for conducting work posing no health/safety risk to the Contractor, the Contractor’s employees, detainees, Government employees, or the public.

(b) Records

(1) The Contractor shall not disclose and must safeguard procurement sensitive information, computer systems and data, privacy act data and government personnel work products obtained or generated in the performance of services under this project. This applies to all Contractor personnel who provide services under this project.

(2) When providing services using electronic equipment, such as a desktop computer, a laptop, a tablet, or similar devices, the Contractor must provide a backup system for any deliverables, and for any draft or working copies of the deliverables, stored on these devices. The backup system can either be a local area network (LAN), an external hard drive, or a USB flash drive (thumb or jump drive). A cloud-based backup system is allowed but is not recommended. The Contractor must perform backups on a defined periodic basis. Before any services are provided under this project, the Contractor will provide the BIA with a written description of the backup system and a schedule for the periodic backups. Upon the Government’s final acceptance of the services and deliverables, the Government will retain sole ownership of the deliverables. Therefore, when notified of final acceptance, the Contractor is required to certify, in writing, the Contractor, the

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Contractor’s employees used to provide the services do not retain any electronic and manual copies of the deliverables, and any backups, drafts or working copies of the deliverables, provided under this project.

(c) Indemnification, Liability, And Insurance

(1) This Performance Work Statement (PWS) does not reflect, in this or any other context any party's position with respect to the jurisdictional authority of another. Nothing in this PWS, or in any conduct undertaken pursuant to this PWS, shall be construed as enlarging or diminishing the jurisdictional authority of either party except to the extent necessary to implement and effectuate the provisions of this PWS. Nothing herein affects to any extent, statutory or tribal code provisions regarding the sovereign immunity of the parties. Neither this PWS nor the activities of the parties pursuant to this PWS shall be used to affect the legal or equitable position of any party in any pending or future litigation. Nothing in this PWS shall be construed to impact or impair the extradition authority and processes of the parties.

(2) Nothing in this PWS shall be construed as waiving the sovereign immunity of the Contractor or their employees from suit in state, tribal or federal court. Liability for suit in state, tribal or federal court is determined by existing state, tribal and federal law and is not altered by this contract. Nothing in this contract waives the sovereign immunity of the United States or BIA Police Officers, except as provided for in the Federal Tort Claims Act, 28 U.S.C. §§ 2401, 2671-2680.

(3) The Contractor agrees to hold harmless the BIA OJS from:

(i) Violation of constitutional rights arising from the detention of persons in the Contractor Facility pursuant to this PWS.

(ii) No provision of this PWS modifies or waives the sovereign immunity or limitation of liability enjoyed by Contractor or its public employees at common law or under the New Mexico Tort Claims Act, NMSA 1978, Section 41-4-1. Any liability incurred by the Contractor in performing the duties under this PWS will be governed by the New Mexico Tort Claims Act.

(4) The BIA OJS assumes no liability and shall not defend or indemnify for any claims, judgments, or liabilities by third parties for property damage, personal injury, or civil liability arising from the actions of the Contractor, including the employees, agents, representative or others acting on its behalf in any capacity, pursuant to this PWS.

(5) The Contractor assumes no liability and shall not defend or indemnify for any claims, judgments, or liabilities by third parties for property damage, personal injury, or civil liability arising from the actions of the BIA OJS.

(6) Each party shall remain solely responsible for the ordinary expenses of its employees and property, including an appropriate and sufficient insurance policy.

(7) The Contractor shall at all times during the life of this contract maintain an insurance policy.

(8) Nothing in this PWS is intended to alter the parties' insurance obligations toward their employees or others.

(d) BIA OJS reserves the right to visit or inspect the Facility at any time via any method to ensure adequate services are being provided. This shall include an annual review. BIA OJS will endeavor to provide at least twenty-four (24) hours of notice before inspection, but this may be waived in case of an emergency, such as a serious incident, when such notice is not practicable.

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(e) Regulations, Laws, Policy, and Standards It shall be the Contractor's sole responsibility to be aware of these regulations and others not listed to perform under this contract and to comply with them. The Government shall not be liable for any citations received by the Contractor. The BIA will not provide copies of the documents.

(1) Contractor shall ensure conformance with the NMAC, Adult Detention Professional Standards 3rd Ed., Revised October 2018 standards or equivalent state-based Standards on Adult Detention Facilities (see D.3. These performance- based guidelines are associated with mandatory and non-mandatory standards of facility operations to include safety, security, care, programs and services, justice and order, administration, and plant management. These standards will be used as a guide of measurement for OJS, during an annual site review by BIA OJS to compare facility operations.

(2) Prison Rape Elimination Act of 2003 and final standards shall be used in accordance with local, county, state, or federal standards associated to the Contractor.

(3) Indian Civil Rights Act of 1968, 25 U.S.C. 1302, et. Seq.

(4) Environmental Protection Agency

(5) EPA Transportation, Air Pollution, and Climate Control.

https://www.epa.gov/transportation-air-pollution-and-climate-change

(6) Occupational Safety and Health Act (OSHA) of 1970.

(7) 25 CFR 2802, which implements Public Law 101-379, and the Indian Law Enforcement Reform Act.

(8) Other relevant Township, County, State and Federal laws, regulations, policies and guidance, as well as pertinent Tribal ordinances, policies/procedures.

B.3.12. Documentation Requirements

(a) Contractor Point of Contacts. See Section B.3.3. and C.13.

(b) Quality Control Plan. See Section B.3.5.

(c) A written description of the backup system and a schedule for the periodic backups. See Section B.3.11.(b)

(d) Reports

(1) Meeting minutes called by the Contractor. See Section B.3.7.

(2) Serious Incident Report. See Section B.3.10.(i).

(3) CPARS response. See Section C.13.

C. CONTRACT CLAUSES

C.1. 52.252-02 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):

https://www.acquisition.gov/browse/index/far

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https://www.acquisition.gov/diar

FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES

CLAUSE CLAUSE TITLE CLAUSE DATE

52.202-1 Definitions Jun 2020 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 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

C.2. 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

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(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

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(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

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(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law.

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

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(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American;

and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

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(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

C.3. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Jan 2025)

(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 products and commercial services:

(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 Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 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…