140A1122Q0021_Terms_and_Conditions.pdf

BIA Western Regional Office RFQ No. 140A1122Q0021

TABLE OF CONTENTS

1. SECTION B SUPPLIES OR SERVICES AND PRICES

1452.280-1 Notice of Indian Small Business Economic Enterprise Set-Aside July 2013 (Deviation)

QUOTE SCHEDULE

2. SECTION C DESCRIPTION / SPECIFICATIONS

Specification / Statement of Work / Performance Work Statement

3. SECTION E INSPECTION AND ACCEPTANCE

52.246-4 INSPECTION OF CONSTRUCTION AUGUST 1996

4. SECTION F DELIVERIES OR PERFORMANCE

52.219-14 Limitations on Subcontracting September 2021 52.242-15 Stop-Work Order August 1989

5. SECTION G CONTRACT ADMINISTRATION DATA

DOI Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) April 2013

6. SECTION I CONTACT CLAUSES

1452.226-70 Indian Preference. —Department of the Interior April 1984 (Deviation) 1452.226-71 Indian Preference Program— Department of the Interior April 1984 (Deviation)

1452.280-2 Notice of Indian Economic Enterprise Set-Aside July 2013 (Deviation) 1452.280-3 Subcontracting Limitations July 2013 (Deviation) 52.203-17 Contractor or Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights June 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality January 2017 Agreements or Statements

52.203-99 Prohibition on Contracting with Entities that Require Certain February 2015 Internal Confidentiality Agreements

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards June 2020

52.204-12 Unique Entity Identifier Maintenance October 2016 52.204-13 System for Award Management Maintenance October 2018 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations November 2015 52.213-4 Terms and Conditions—Simplified Acquisitions (Other than January 2022 Commercial Products and Commercial Services) 52.222-6 Construction Wage Rate Requirements August 2018 52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls and Basic Records July 2021 52.222-9 Apprentices and Trainees July 2005 52.222-10 Compliance with Copeland Act Requirements February 1988 52.222-11 Subcontracts (Labor Standards) May 2014 52.222-12 Contract Termination—Debarment May 2014 52.222-15 Certification of Eligibility May 2014 52.222-27 Affirmative Action Compliance Requirements for Construction April 2015 52.222-23 Notice of Requirement for Affirmative Action To Ensure Equal February 1999

Employment Opportunity for Construction 52.223-18 Encouraging Contractor Policies to Ban Text Messaging

While Driving June 2020 52.225-9 Buy American Act—Construction Materials November 2021

52.228-13 Alternative Payment Protections javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

52.232-27 Prompt Payment for Construction Contracts January 2017 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors December 2013 52.233-3 Protest after Award August 1996 52.233-4 Applicable Law for Breach of Contract Claim October 2004 52.252-2 Clauses Incorporated by Reference February 1998

7. SECTION J LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

8. SECTION K REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS

1452.280-4 Indian Economic Enterprise Representation July 2013 (Deviation) 1452.280-2 Notice of Indian Economic Enterprise Set-Aside July 2013 (Deviation) 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN SEPTEMBER 2007

FEDERAL TRANSACTIONS

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal January 2017

Confidentiality Agreements or Statements-Representation 52.204-8 Annual Representations and Certifications January 2022

52.204-17 Ownership or Control of Offeror August 2020 52.204-19 Incorporation by Reference of Representations and Certifications December 2014 52.204-20 Predecessor of Offeror August 2020 52.204-24 Representation Regarding Certain Telecommunications and Video October 2020 Surveillance Services or Equipment 52.204-26 Covered Telecommunications Equipment or Services-Representation Ocrtober 2020 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation November 2015 52.209-7 Information Regarding Responsibility Matters October 2018 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law February 2016 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications June 2020

8. SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

1452.280-1 NOTICE OF INDIAN SMALL BUSINESS ECONOMIC ENTERPRISE SET-ASIDE July 2013 (Deviation) Quote completion & submission Instructions Award 1452.233-2 Service of Protest Department of the Interior July 1996 (Deviation) 1452.236-71 Additive or Deductive Items – Department of the Interior July 1996 (Deviation) 52.204-6 Unique Entity Identifier October 2016 52.204-7 System for Award Management October 2018 52.204-16 Commercial and Government Entity Code Reporting August 2020 52.204-18 Commercial and Government Entity Code Maintenance August 2020

52.204-22 Alternative Line Item Proposal January 2017 52.225-10 Notice of Buy American Requirement—Construction Materials May 2014

52.233-2 Service of Protest September 2006

9. SECTION M EVALUATION FACTORS FOR AWARD

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SECTION B SUPPLIES OR SERVICES AND PRICES

1452.280-1 Notice of Indian Small Business Economic Enterprise Set-Aside July 2013 (Deviation)

Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian economic enterprises (Part 1480). Any acquisition resulting from this solicitation will be from such a concern. Offers received from enterprises that are not Indian economic enterprises will not be considered and will be rejected.

CONTRACTOR________________________________________ UNIQUE ENTITY ID#_____________________________

PHONE # ___________________________________ EMAIL ADDRESS____________________________________

Colorado River Indian Tribes (CRIT) TERO taxes may be applicable. Point of contact for CRIT:

CRIT

Tribal Employment Rights Office (TERO) 2660 Mojave Road Parker, AZ 85344

(928) 669-1380

CONTRACTOR________________________________________ DUNS#________________________________

PHONE # ___________________________________ EMAIL ADDRESS____________________________________

Arizona Contractor’s License Number(s)_____________________________________________________________

License Classification(s)___________________________________________________________________________

NAICS code 237310 with $39.5 million/year size standard applies to this requirement.

INSTRUCTIONS: A quote price is to be provided for each item without alteration to the Quote Schedule. Failure to provide a quote price for each item will result in the quote to be "non-responsive. The quote price is to be inclusive of all costs for the requirement, including but not limited to, all applicable taxes (Tribal, Federal & State), FOB Destination Shipping costs, etc.

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SECTION C DESCRIPTION / SPECIFICATIONS

SPECIFICATIONS

UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF INDIAN AFFAIRS

SPECIAL CONTR ACT REQUIREMENTS

CRIR AGENCY BRIDGE REPAIR

Replace 370 feet of damaged guardrail and 62 damaged or missing posts at 4 bridge locations and place riprap at one (1) bridge location on the Colorado River Indian Reservation.

THIS SPECIFICATION UTILIZES CONSTRUCTION D ETAILS OF FP-14

Colorado River Indian Reservation La Paz County, Arizona javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

Special Contract Requirements

BUREAU OF INDIAN

AFFAIRS COLORADO

RIVER AGENCY

DIVISION OF

TRANSPORTATION

UNIT PRICE SCHEDULE

(ADDITIONTO SF-1442)

SCOPE OF WORK:

Purpose:

The purpose of this contract is to perform bridge maintenance activities on BIA Bridges H005, H011, H024, H039, and H040. Specifically, this is targeted at the restoration and repair of damaged bridge rail/guardrail systems and other related minor bridge repairs such as rip rap as identified in the latest National Bridge Inventory (NBI) bridge inspections as “urgent items requiring immediate action”. Urgent items are defined as those elements that pose an immediate threat to the strength or stability of the bridge or would involve a significant safety concern.

Linear length will include bolts to attach post to rail and for include bolts, inserts and hardware to attach to posts to the bridge deck. This also includes drilling bolt holes in deck as needed.

The Contractor shall provide all labor, materials, equipment and services to perform the following bridge maintenance repairs:

A. On Bridge H005:

a. Replace 50 LF of the damaged west side guardrail, with 50 LF of New Guardrail system G4, type IV, class A. Tie into existing system – drill offset holes for bolts.

b. Replace the NE Guardrail Terminal End Section.

c. Attach 4 New Square Guardrail Steel Posts.

B. On Bridge H011

a. Reattach or replace as necessary, 10 Square Guardrail Steel Posts. Drill new holes as needed.

b. Relocate post on NW away from the damaged wingwall.

C. On Bridge H024

a. Place 60 Ton of Rip Rap, class 2 in undercut/undermined areas of the West abutment.to increase pile embedment and stabilize the abutment.

D. On Bridge H039

a. Install 160 LF of New Guardrail, system G4, type IV, class A (80 LF each side)

b. Install 24 New Square Guardrail Steel Posts

E. On Bridge H040

a. Install 160 LF of New Guardrail, system G4, type IV, class A (80 LF each side)

b. Install 24 New Square Guardrail Steel Posts javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

This project is located on the Colorado River Indian Reservation, La Paz County, Arizona. Guardrail installation shall be in accordance with the FP-14 and specifications and details.

The bid must be submitted on the Unit Price Schedule below without modification.

Before preparing and submitting bid, please read carefully the Solicitations Provisions and fill in the Unit Price Schedule below.

BUREAU OF INDIAN AFFAIRS

COLORADO RIVER AGENCY

DIVISION OF TRANSPORTATION

Reservation: CRIR Project Name: CRIR Guardrail Project

Item Description QTY Unit Unit Total No. Price Amount

15101 Mobilization 1 L.S.

15901 TERO payment 1 L.S.

61701 Guardrail, system G4, type IV, class A, Bridge H005 50 LF

61702 Guardrail Steel Post attachment to Bridge H005 4 EA

61703 Guardrail, Terminal End Section to Bridge H005 1 EA

61702 Guardrail Steel Post attachment to Bridge H011 10 EA

25101 Placed Rip Rap, Class 2, Bridge H024 60 Ton

61701 Guardrail, system G4, type IV, class A, Bridge H039 160 LF

61702 Guardrail Steel Post attachment to Bridge H039 24 EA

61701 Guardrail, system G4, type IV, class A, Bridge H040 160 LF

61702 Guardrail Steel Post attachment to Bridge H040 24 EA

63501 Temporary traffic control 1 L.S.

Total Amount:

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January 7th, 2019, edition

SPECIAL CONTRACT REQUIREMENTS, FP-14

All material under the Divisions of the "Standard Specifications for Construction of Roads and Bridges On Federal Highway Projects, FP-14" henceforth called FP-14, published in book form by the U.S. Department of Transportation, Federal Highway Administration, shall apply to this contract as revised below:

DIVISION 100 GENERAL REQUIREMENTS

Section 101-TERMS, FORMAT, AND DEFINITIONS

101.03 Abbreviations.

(a) Acronyms.

Page 4, after "USC" add the following: "BIA- Bureau of Indian Affairs."

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Section 103 - SCOPE OF WORK

103.05 Partnering.

Delete the subsection in its entirety.

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Section 104 - CONTROL OF WORK

104.05 Load Restrictions. Add:

No loads shall be hauled over aggregate base courses or bituminous pavements which exceed legal load limits for hauling units as prescribed within the jurisdiction of the local State Department of Transportation (Highways) ARIZONA REVISED STATUTES, TITLE 28, SECTION 1009.01, or local Tribal Ordinance.

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Section 106-ACCEPTANCE OF WORK

106.03 Certification. Add:

Include the following with all certifications:

a. Contract Number

b. Project Name

c. Item Number

d. Item Description

e. Specification Requirements

106.04 Measured or Tested Conformance.

ADD:

Results from inspection or testing for acceptance of work incorporated in the project shall have values within the specified tolerances or specification limits.

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Section 109-MEASUREMENT AND PAYMENT

109.02 Measurement Terms and Definitions

Delete (c) Cubic yard. And insert (b) Cubic yard (yd3, Cu.Yd. or CY). 27 cubic feet.

Delete (e) Each. And insert (e) Each (EA).

Delete (h) Linear foot. And insert (h) Linear foot (LF).

Delete (i) Lump sum. And insert (i) Lump sum (LS).

Delete (m) Pound. And insert (m) Pound (LB).

Delete (o) Square foot. And insert (o) Square foot (ft2, Sq.ft. or SF).

ADD: (s) Square yard (yd2, Sq.Yd. or SY).

Add the following:

(t) Contingent sum. Perform the work only when authorized by written order. The work will be measured and paid for at agreed unit prices, lump sum prices or force account as established in the order authorizing the work. When the unit is designated "Lump Sum", the quantity is designated as "1".

109.08 Progress Payments.

Delete (a), (b), (c), (d) and (e) and insert the following:

Progress payments will be made on the first of each month as the work proceeds except no payment will be made for less than $2,500. Progress payments will be prepared by the Tribe and made by the Tribe in full without retention when progress is considered satisfactory and the work may reasonably be expected to be completed within the contract time, progress payments will be withheld if the Contractor's Construction Schedule (CPM) is not current and accepted by the Tribe.

Noncompliance with or the failure to provide timely submittal of contract requirements will be justification of withholding of progress payments or portions thereof.

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DIVISION 150 - PROJECT REQUIREMENTS Section

151-MOBILIZATION

151.03 Payment

After the sentence "Progress payments for mobilization lump sum will be paid as follows:"

delete (a), (b), (c) and (d) and replace with the following:

One third of the mobilization lump sum, not to exceed 5% of the original contract amount, will be paid when the Agency has determined that a significant amount of equipment has been mobilized to the project site which will be used to perform portions of the contract work.

The remaining payment(s) of mobilization will be determined by the percentage of work completed for the contract up to 90 percent of the mobilization lump sum. The remaining balance shall be paid after final acceptance of the project.

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Section 155 - SCHEDULES FOR CONSTRUCTION CONTRACTS

155.02 Definitions.

(b) Preliminary Construction Schedule.

After "contract activities," delete, "for the first 60 days after the effective date issued in the Notice to Proceed," and insert "after the award".

155.04 Preliminary Construction Schedule.

In the first paragraph, first sentence delete, ",except mobilization and traffic control, and Section 637 work,".

In the third paragraph delete, "at least 7 days before the preconstruction conference," and insert, "10 days after award of the contract".

In the third paragraph, second sentence delete, "Within 7 days after," and insert, "at".

155.05 Initial and Baseline Construction Schedule

(a) Bar Chart Method (BCM).

(1) Progress bar chart.

In paragraph (c) after "submittals," insert, "testing and startup procedures".

(b) Critical Path Method (CPM).

In paragraph (a)(3) after "submittals," insert, "testing and startup procedures".

155.06 Baseline Schedule Update. Add:

Any schedule update showing a completion date beyond the contract time shall be accompanied with a request for a time extension in accordance with Subsection 108.03.

155.09 Measurement.

Delete this subsection and replace with the following:

The Construction schedule will not be measured directly for payment but will be considered a subsidiary obligation of the Contract.

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Section 159 - TERO PAYMENT

159.01 Description.

This is the payment or tax that the Contractor may be required to pay to TERO (Tribal Employment Rights Office) or equivalent Tribal Department.

159.02 Acceptance.

Acceptance shall be based on an invoice from TERO.

159.03 Measurement.

Measurement of the TERO payment shall be lump sum.

159.04 Payment.

Payment will be made under:

Pay Item

15901 TERO payment

Pay Unit

LS

Section 251 – Rip Rap

251.01 Description.

This work consists of installing of furnishing and placing riprap for the 2 foot+ undercut/undermined areas of the West abutment to increase pile embedment and stabilize the abutment on Bridge H024. No equipment will be allowed in the drainage area, due to the environmental sensitivity. This work is to be hand placement only. See FP-14 section 705.02, Table 705-1 for gradation requirements.

251.09 Payment.

Pay Item Pay Unit javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

25101 Placed Rip Rap Class 2 Ton javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

Section 617 - GUARDRAIL

617.01 Description.

This work consists of installing guardrail systems and modifying, removing/replacing and resetting, and raising existing guardrail systems.

617.12 Measurement. Add:

This work consists of all material to replace the existing damaged guardrail system. The items included but not limited to for this guardrail replacement are: Steel blocks, Wood blocks, W beam guardrail, wood guardrail posts, steel guardrail posts, BCT guardrail panel and end shoe, standard guardrail, high strength studs, bolts, nuts, and all other items needed to replace the guardrail in the damaged areas.

617.13 Payment.

Pay Item Pay Unit

61701 Guardrail FT

61702 Guardrail Post Ea

61703 Guardrail End Terminal Ea

Section 635 - TEMPORARY TRAFFIC CONTROL

635.01 Description Add:

Three copies of a traffic control plan that is in accordance with the MUTCD will be submitted for each item impacting traffic 10 days after award of this contract for review. The plan will include the maximum spacing distance that the Contractor is proposing to use when placing channeling devices. If the traffic control plan does not conform with the MUTCD requirements because the Contractor changed his operations and/or special or hazardous conditions arise, the Tribe shall direct the Contractor to revise his plan and temporary traffic control devices and services immediately to conform with the MUTCD.

The use of detours will be allowed whenever the Contractor's operation and field conditions warrant. Prior approval of the detours must be given before work starts. The detours shall javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','') be located on the upstream side of the roadway. The installation of pipewill be limited to a one day operation whenever possible. The work area will be left in a safe condition possible, with no detours remaining overnight without prior approval by the Tribe.

All detours left in place for more than one week shall have at least 4 inches (100 mm) of aggregate base with a bituminous surface using a cut-back asphalt when the existing surface javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','') is a bituminous treatment on either side of the detour.

In the first sentence delete the words "as ordered".

635.24 Measurement.

Delete this subsection and substitute the following:

Temporary traffic control will be measured by the lump sum and no measurement for payment will be made for furnishing, installing, and maintaining all traffic control devices and services required for the control and protection of traffic.

635.25 Payment. Add:

Payment will be made under: Delete (b).

Pay Item

63501 Temporary traffic control

Pay Unit

LS

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SECTION E – INSPECTION AND ACCEPTANCE

1. 52.246-12 INSPECTION OF CONSTRUCTION AUGUST 1996

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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SECTION F DELIVERIES OR PERFORMANCE

52.219-14 Limitations on Subcontracting September 2021 (DEVIATION)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:

(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(i) The following services may be excluded from the 50 percent limitation:

(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases.

(B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(3) General construction. It will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.

(4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause –

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(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

52.242-15 Stop-Work Order August 1989

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either -- (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if -- (1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

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SECTION G CONTRACT ADMINISTRATION DATA

DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) April 2013

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

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

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 [CO to edit and include the documentation required under this contract]: Contractors shall attach a hard copy of their invoice in IPP when submitting invoices via IPP. Invoices will be rejected if no invoice is attached.

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

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

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

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

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SECTION I CONTACT CLAUSES

1452.226-70 Indian Preference —Department of the Interior April 1984 (Deviation)

(a) The Contractor agrees to give preferences to Indians who can perform the work required regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation for training and employment opportunities under this contract and, to the extent feasible consistent with the efficient performance of this contract, training and employment preferences and opportunities shall be provided to Indians regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation who are not fully qualified to perform under this contract. The Contractor also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts consistent with the efficient performance of this contract. The Contractor shall maintain such records as are necessary to indicate compliance with this paragraph.

(b) In connection with the Indian employment preference requirements of this clause, the Contractor shall also provide opportunities for training incident to such employment. Such training shall include on-the-job, classroom, or apprenticeship training which is designed to increase the vocational effectiveness of an Indian employee.

(c) If the Contractor is unable to fill its training and employment needs after giving full consideration to Indians as required by this clause, those needs may be satisfied by selection of persons other than Indians in accordance with the clause of this contract entitled “Equal Opportunity.”

(d) If no Indian organizations or Indian-owned economic enterprises are available for awarding of subcontracts in connection with the work performed under this contract, the Contractor agrees to comply with the provisions of this contract involving utilization of small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, or labor surplus area concerns.

(e) As used in this clause:

(1) “Indian” means a person who is a member of an Indian Tribe. If the Contractor has reason to doubt that a person seeking employment preference is an Indian, the contractor shall grant the preference but shall require the individual within thirty (30) days to provide evidence from the Tribe concerned that the person is a member of that Tribe.

(2) “Indian organization” means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451); and

(3) “Indian-owned economic enterprise” means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit provided that such Indian ownership shall constitute not less than 51 percent of the enterprise.

(4) “Indian Tribe” means an Indian Tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 668; 43 U.S.C. 1601) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(f) The Contractor agrees to include the provisions of the clause including this paragraph (f) in each subcontract awarded under this contract.

(g) In the event of noncompliance with this clause, the Contractor's right to proceed may be terminated in whole or in part by the Contracting Officer and the work completed in a manner determined by the Contracting Officer to be in the best interests of the Government.

1452.226-71 Indian Preference Program— Department of the Interior April 1984 (Deviation)

(a) In addition to the requirements of the clause of this contract entitled “Indian Preference—Department of the Interior,” the Contractor agrees to establish and conduct an Indian preference program which will expand the opportunities for Indian organizations and Indian-owned economic enterprises to receive a preference in the awarding of subcontracts and which will expand opportunities for Indians to receive preference for training and employment in connection with the work to be performed under this contract. In this connection, the Contractor shall —

(1) Designate a liaison officer who will: (i) Maintain liaison with the Government and Tribe(s) on Indian preference matters; (ii) Supervise compliance with the provisions of this clause; and (iii) Administer the Contractor's Indian preference program.

(2) Advise its recruitment sources in writing and include a statement in all advertisements for employment that Indian applicants will be given preference in employment and training incident to such employment.

(3) Not less than twenty (20) calendar days prior to commencement of work under this contract, post a written notice in the Tribal office of any reservations on which or near where the work under this contract is to be performed, which sets forth the Contractor's employment needs and related training opportunities. The notice shall include the approximate number and types of employees needed, the approximate dates of employment; the experience or special skills required for employment, if any; training opportunities available; and all other pertinent information necessary to advise prospective employees of any other employment requirements. The Contractor shall also request the Tribe(s) on or near whose reservation(s) the work is to be performed to provide assistance to the Contractor in filling its employment needs and training opportunities. The Contracting Officer will advise the javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

Contractor of the name, location, and phone number of the Tribal officials to contact in regard to the posting of notices and requests for Tribal assistance.

(4) Establish and conduct a subcontracting program which gives preference to Indian organizations and Indian-owned economic enterprises as subcontractors and suppliers under this contract. Consistent with the efficient performance of this contract, the Contractor shall give public notice of existing subcontracting opportunities by soliciting bids or proposals only from Indian organizations or Indian-owned economic enterprises. The Contractor shall request assistance and information on Indian firms qualified as suppliers or subcontractors from the Tribe(s) on or near whose reservation(s) the work under the contract is to be performed. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to be contacted in regard to the request for assistance and information. Public notices and solicitations for existing subcontracting opportunities shall provide an equitable opportunity for Indian firms to submit bids or proposals by including— (i) A clear description of the supplies or services required including quantities, specifications, and delivery schedules which facilitate the participation of Indian firms; (ii) A statement indicating the preference will be given to Indian organizations and Indian-owned economic enterprises in accordance with Section 7(b) of Public Law 93–638; (88 Stat. 2205; 25 U.S.C. 450e(b)); (iii) Definitions for the terms “Indian organization” and “Indian-owned economic enterprise” as prescribed under the “Indian Preference—Department of the Interior” clause of this contract; (iv) A representation to be completed by the bidder or offeror that it is an Indian organization or Indian-owned economic enterprise; and (v) A closing date for receipt of bids or proposals which provides sufficient time for preparation and submission of a bid or proposal. If after soliciting bids from Indian organizations and Indian-owned economic enterprises, no responsible bid is received, the Contractor shall comply with the requirements of paragraph (d) of the “Indian Preference—Department of the Interior” clause of this contract. If one or more responsible bids are received, award shall be made to the low responsible bidder if the bid price is determined to be reasonable. If the low responsive bid is determined to be unreasonable as to price, the Contractor shall attempt to negotiate a reasonable price and award a subcontract. If a reasonable price cannot be agreed upon, the Contractor shall comply with the requirements of paragraph (d) of the “Indian Preference—Department of the Interior” clause of the contract.

(5) Maintain written records under this contract which indicate: (i) The names and addresses of all Indians seeking employment for each employment position available under this contract; (ii) The number and types of positions filled by Indians and non-Indians, and the name, address and position of each Indian employed under this contract;

(iii) For those positions where there are both Indian and non-Indian applicants, and a non-Indian is selected for employment, the reason(s) why the Indian applicant was not selected; (iv) Actions taken to give preference to Indian organizations and Indian-owned economic enterprises for subcontracting opportunities which exist under this contract; (v) Reasons why preference was not given to Indian firms as subcontractors or suppliers for each requirement where it was determined by the Contractor that such preference would not be consistent with the efficient performance of the contract, and (vi) The names and addresses of all Indian organizations and Indian-owned economic enterprises contacted, and receiving subcontract awards under this contract.

(6) The Contractor shall submit to the Contracting Officer for approval a semiannual report which summarizes the Contractor's Indian preference program and indicates the number and types of available positions filled and dollar amounts of all subcontracts awarded to Indian organizations and Indian-owned economic enterprises and all other firms.

(7) Records maintained pursuant to this clause will be kept available for review by the Government until expiration of one (1) year after final payment under this contract, or for such longer period as may be required by any other clause of this contract or by applicable law or regulation.

(b) For purpose of this clause, the following definitions of terms shall apply:

(1) The terms “Indian,” “Indian Tribe,” “Indian Organization, and “Indian-owned economic enterprise” are defined in the clause of this contract entitled “Indian Preference.”

(2) “Indian reservation” includes Indian reservations, public domain Indian allotments, former Indian reservations on Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act, (85 Stat. 688; 43 U.S.C. 1601 et seq. ).

(3) “On or near an Indian Reservation” means on a reservation or reservations or within that area surrounding an Indian reservation(s) where a person seeking employment could reasonably be expected to commute to and from in the course of a work day.

(c) Nothing in the requirements of this clause shall be interpreted to preclude Indian Tribes from independently developing and enforcing their own Indian preference requirements. Such requirements must not hinder the Government's right to award contracts and to administer their provisions.

(d) The Contractor agrees to include the provisions of this clause including this paragraph (d) in each subcontract awarded under this contract and to notify the Contracting Officer of such subcontracts.

(e) In the event of noncompliance with this clause, the Contractor's right to proceed may be terminated in whole or in part by the Contracting Officer and the work completed in a manner determined by the Contracting Officer to be in the best interest of the Government.

1452.280-2 Notice of Indian Economic Enterprise Set-Aside July 2013 (Deviation)

(a) Definitions as used in this clause.

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Indian means a person who is a member of an Indian Tribe or “Native” as defined in the Alaska Native Claims Settlement Act (PL 92-203; 85 Stat. 688; 43 U.S.C. 1601).

Indian Economic Enterprise means any business activity owned by one or more Indians or Indian Tribes that is established for the purpose of profit, provided that: (i) The combined Indian or Indian Tribe ownership shall constitute not less than 51 percent of the enterprise; (ii) the Indians or Indian Tribes shall, together, receive at least a majority of the earnings from the contract; and (iii) the management and daily business operations of an Indian economic enterprise must be controlled by one or more individuals who are members of an Indian Tribe. To ensure actual control over the enterprise, the individuals must possess requisite management or technical capabilities directly related to the primary industry in which the enterprise conducts business. The enterprise must meet these requirements throughout the following time periods: (1) At the time an offer is made in response to a written solicitation; (2) At the time of contract award; and, (3) During the full term of the contract.

Indian Tribe means an Indian Tribe, band, nation, or other recognized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, including any Alaska Native village, regional or village corporation established under the Alaska Native Claims Settlement Act (PL 92-203, 85 Stat. 688; 43 U.S.C. 1601).

Representation means the positive statement by an enterprise of its eligibility for preferential consideration and participation for acquisitions conducted under the Buy Indian Act, 25 U.S.C. 47, in accordance with the procedures in Subpart 1480.8.

(b) General. (1) Under the Buy Indian Act, offers are solicited only from Indian economic enterprises.