140A1122Q0033_Terms_and_Conditions.pdf
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- BATTERY BANK AND CHARGER REPLACEMENT Federal contract opportunity
- Solicitation number
- 140A1122Q0033
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BIA Western Regional Office RFQ No. 140A1122Q0033
TABLE OF CONTENTS
1. SECTION B SUPPLIES OR SERVICES AND PRICES
1452.280-1 Notice of Indian Small Business Economic Enterprise Set-Aside February 2021
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 SERVICES—FIXED PRICE AUGUST 1996
4. SECTION F DELIVERIES OR PERFORMANCE
52.219-14 Limitations on Subcontracting March 2020 52.222-20 Contracts for Materials, Supplies, Articles and Equipment Exceeding $15,000 June 2020 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
1452.203-70 Restrictions on Endorsements—Department of the interior July 1996 (Deviation) 1452.215-70 Examination of Records by the Department of the Interior April 1984 (Deviation) 1452.228-70 Liability Insurance—Dept. of the Interior January 1996 1452.280-2 Notice of Indian Economic Enterprise Set-Aside February 2021 1452.280-3 Subcontracting Limitations February 2021 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
52.204-10 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 52.212-4 Contract Terms and Conditions -- Commercial Products and November 2021 Commercial Services 52.212-5 Contract Terms and Conditions Required to Implement May 2022 Statutes or Executive Orders -- Commercial Items 52.217-8 Option to Extend Services
52.228-5 Insurance—Work on a Government Installation January 1997 52.223-18 Encouraging Contractor Policies to Ban Text Messaging
While Driving June 2020 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 February 2021 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN SEPTEMBER 2007
FEDERAL TRANSACTIONS
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52.203-18 Prohibition on Contracting with Entities that Require Certain Internal January 2017 Confidentiality Agreements or Statements-Representation
52.207-4 Economic Purchase Quantities August 1987 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 52.209-12 Certification Regarding Tax Matters October 2020 52.212-3 Offeror Representations and Certifications -- Commercial Items October 2020 52.225-18 Place of Manufacture August 2018 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 February 2021 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 52.212-1 Instructions to Offerors -- Commercial Items June 2020 52.233-2 Service of Protest September 2006
9. SECTION M EVALUATION FACTORS FOR AWARD
52.212-2 Evaluation -- Commercial Items October 2014 javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')
SECTION B SUPPLIES OR SERVICES AND PRICES
1452.280-1 Notice of Indian Small Business Economic Enterprise Set-Aside February 2021
Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian Economic Enterprises (Subpart 1480.8) that are also small business concerns. Any acquisition resulting from this solicitation will be from such a concern. Offers received from enterprises that are not both Indian Economic Enterprises and small business concerns will not be considered and will be rejected.
Item Description Qty U/I Price Amount 01 Battery bank and charger replacement
JB $____________ $__________
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_______________________________ Unique Entity ID#________________________________
PHONE # ___________________________________ EMAIL
ADDRESS____________________________________
Arizona Contractor’s License Number(s)_____________________________________________________________
License Classification(s)___________________________________________________________________________
NAICS code 811310 with $8.0 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
Statement of Work HGRD – Battery Bank and Charger Replacement
Bureau of Indian Affairs / Colorado River Agency / Electrical Branch
12124 1st Ave, Parker, La Paz County, AZ 85344
1.0 INTRODUCTION
The Bureau of Indian Affairs (BIA), Colorado River Agency, Branch of Electrical Services (CRA-ES) is in the need of a replacement UPS System and Power Inverter for the Headgate Rock Dam (HGRD). CRA-ES seeks an experienced and knowledgeable contractor to procure, install and commission replacement battery bank and charger for the HGRD.
A key mission of the BIA, CRA-ES is to provide economical and reliable power to the residential and commercial customers that reside within the boundaries of the Colorado River Indian Tribe (CRIT) reservation. Owned and operated by the BIA, CRA-ES HGRD is located on the lower Colorado River, about 15 miles downstream of Parker Dam near the town of Parker, Arizona. HGRD, which impounds a body of water known as Lake Moovalya, has 10 radial gates in which 3 of the feed the hydroelectric power plant that was retrofitted to the Head Gate Rock Dam (HGRD) circa 1992. It was designed as a low head, axial flow turbine powering the generation units to nearly 19.5 Mega Watt (MW) of power serving the Colorado River Indian Tribes (CRIT) Reservation.
2.0 BACKGROUND
The current battery bank consists of 204 8 Hr to 1.75 VPC Absolyte© batteries. The SBS Inc. AT30 charger supplies 125 VDC to the power station. The system was installed around 2010. Several of the cells have begun to show signs of leakage around the terminal posts.
Battery Bank 1 – Station Service (QTY. 60).
Battery Bank 2 – Exciter Field Flash (QTY. 144).
The existing two battery chargers are SBS INC. chargers Model AT30130050F480MXMXXXXXXK, see Attachment A for photos.
3.0 OBJECTIVE AND SCOPE
The objective of this effort is to perform a simple analysis of the existing battery loads and identify the best battery bank and charger solution that provides the systems connected to support the new UPS System to have uninterrupted power for at least 3 hours in the event of a utility power loss. Additionally, the battery room requires the installation of an HVAC system which will need to be properly sized.
The system scope is defined to be the two battery banks, the two chargers, the analysis of the load to analyze for solution options, the HVAC system for the battery room, and include all physical and electrical connections to successfully complete the tasks of the work statement.
3.0 REQUIREMENTS AND TASKS
Contractor shall be directly responsible for ensuring the accuracy, timeliness and completion of tasks assigned under this contract. The Contractor shall provide all Personnel, Supervision, Mobilization, Tools, Equipment, Vehicles, Materials, Supplies, Lodging, Travel, Meals, and other direct cost to accomplish all tasks identified in this work statement.
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3.1 Quotation Requirements
3.1.1 The quotation shall provide evidence of at least ONE successfully completed projects of similar scope.
• Project Customer
• Project Name
• Site Location
• Summary of Scope
3.1.2 Included in the contractor’s quotation shall be a brief narrative of the technical solution and proposed.
• Manufacturer and model number
• Description and justification for system/subsystem
• Title and description service to be provided (if service)
3.2 Site Visit
3.2.1 A site visit may be coordinated through the contracting office prior to submitting a quotation.
3.2.2 The site visit is intended to allow the contractor to familiarize themselves with the requirements defined in this work statement and the conditions that they will be required to perform.
3.2.3 Any costs associated with the quotation shall be at the contractor’s cost; no reimbursement shall be paid.
3.2.4 There will only be a single scheduled site visit where all potential offerors will gather and be escorted by the assigned project Contracting Officer’s Representative (COR).
3.2.5 During the site there will be no documentation provided or questions answered by BIA/CRA-ES personnel.
3.2.6 All questions shall be directed in writing to the CO.
3.2.7 Photos and video will be allowed.
3.2.8 Those attending the group site visit shall be required to provide their own Personnel Protective Equipment
(PPE).
3.3 Required Tasks
3.3.1 Task 1: Project Management
3.3.1.1 The contractor shall designate a PM/PL to interface with the projects
COR.
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3.3.1.2 Within 10 days of the notice-to-proceed, the contractor shall schedule a kick-off/design review meeting with the COR to discuss the proposed technical solution, requirements, scheduling, and known issues and potential pitfalls.
3.3.1.3 The contractor shall provide all the services and personnel needed to remove the battery bank and charger and install, test and commission a new battery bank, charger, and HVAC system for the HGRD. These services will require interaction with Government staff to collect/gather the required information and perform Lock Out Tag Out procedures of equipment and devices.
3.3.1.3.1 Contractor shall place their own locks on key points of isolation after CRA-ES has performed all Lock Out Tag Out procedures.
3.3.1.3.2 Contractor shall provide and install their own protective grounds for personnel safety
3.3.2 Task 2: Battery Bank and Charger Replacement
3.3.2.1 The contractor shall perform the analysis of the battery bank loads to ensure the sizing of the new battery banks are sufficient to provide approximately two hours of intended power.
3.3.2.2 The battery bank and charger shall be compatible (e.g., communications, voltage, general use) with the new UPS System.
3.3.2.3 The contractor shall remove and dispose of the existing battery banks and chargers.
3.3.2.4 The new battery banks shall be installed in racks and connected.
3.3.2.5 The new batteries shall have clear safety barricade covers installed, but easily removable for maintenance.
3.3.2.6 The batteries, racks, and chassis shall be uniform in brand and type.
3.3.2.7 Covers shall be removable with the use of general hand tools; with no special tools required.
3.3.2.8 The new batteries for both banks shall have an output voltage compatible with the loads connected.
3.3.2.9 The new battery banks and chargers shall include associated racks to fit the space provided in
Figure 1.
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FIGURE 1.
3.3.2.8 The contractor shall install two new battery chargers, then test and commission them.
• The new chargers shall be a microprocessor controlled with a built-in health system to continuously run self-diagnostics to include.
• Event logging
• Ground Fault Metering, Detection, and Alarming
• Dynamic Current Limit
• Battery Open Alarm
• Voltage sense javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')
• Current sense
3.3.2.9 The battery chargers shall have an LED display that can display the following.
• When either charger is in current limit
• Battery Open Alarm
• The real-time voltage measured
• The real-time current measured
• Any fault situation
3.3.2.10 Contractor shall find system grounds and remove grounds from old system and connect to new system.
3.3.2.11 New chargers will be capable of switching between lead and lag to rotate the operations for maintenance and normal cycling of operations.
3.3.2.12 If existing conduit and wire cannot be utilized due to corrosion, system relocations, etc. the contractor shall supply the new wire and conduit.
3.3.3 Task 3: HVAC System for The Battery Room
3.3.3.1 The contractor shall install a ductless HVAC system in the battery room
(Figure 1).
• HVAC system shall be capable of maintaining a room temperature of
75° F.
• The cut sheets and diagrams shall be provided to the COR.
• The condenser location shall be approved through the COR due to limited space at HGRD.
3.3.4 Task 4: Testing and Commissioning
3.3.4.1 The contractor shall perform testing of the battery banks, chargers, and HVAC system operation.
3.3.4.2 The testing of the batteries and chargers shall include the following.
• Measurement and recording of voltage and current.
• Monitoring of individual cells during load testing to identify potentially inferior cells.
• Temperature during operation (under heavy load).
• Internal resistance.
• Switch-over when sensed or commanded.
• All connections torqued as specified by manufacturer.
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• Under load temperature of batteries, charger, and all connections during load test utilizing an infrared camera.
• Grounding continuity tested to manufacturer specification.
• Insulation strength test to manufacturer specification.
• Any other applicable test as specified or recommended by the manufacturer of the charger or battery.
3.3.4.3 The contractor shall perform testing on the HVAC system to ensure the battery room temperature remains at or below 75° Fahrenheit under heavy load.
3.3.4.4 Once testing is successful, the contractor shall commission the systems for operation.
• Commissioning shall be all system operating correctly as intended.
• Systems shall perform and display status as specified.
3.3.4.5 The contractor shall supply all cut sheets, diagrams, and tests reports to COR.
3.3.4.6 The contractor shall be responsible for removal and disposal of any and all waste products produced in the performance of this work statement.
6.0 DELIVERABLES / DELIVERY SCHEDULE
6.1 Activity and Deliverable Timetable: Deliverable products shall be submitted to the addresses in accordance with the following schedule:
Item # Description Section # Distribution Approval Required Due Date
001 Initial Kick-Off Meeting and Minutes 3.3.1 N/A N/A 10 days after award
002 Analysis and recommendation of solution 3.3.1
COR- One (1) copy BIA CO- One (1) copy Yes 20 days after award
003 Battery and Charger Reports 3.4 COR – One (1) copy Yes 20 Days after Completion
004 All other documentation 3.4 COR – One (1) copy Yes 20 Days after Completion
Table 1 - Activity and Deliverable Timetable
5.2 Acceptance of Deliverables: Unless otherwise specified, the Government will have a maximum of ten
(10) working days from the day the deliverables are received to review the document, provide comments back to the contractor, accept or return the deliverable(s). The contractor will also have a maximum of ten (10) working days from the day comments are received to incorporate all changes and submit the final deliverable to the Government.
5.3 System Documentation: The COR requires the development of technical documents concerning product cut sheets, product manuals, procedures, part numbers, replacement parts, and any modifications to CRA-ES equipment or drawings.
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5.4 Address for Deliverables:
Colorado River Agency Electrical Services 12000 1st Ave Parker, Az. 85344
6.0 SECURITY REQUIREMENTS
6.1 Any information made available in any format will be used only for the purpose of carrying out the provisions of this contract. Information contained in such material shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this contract.
6.2 The contractor shall obtain the CO's approval before releasing any information, regardless of media.
6.3 The contractor shall ensure that employees observe and comply with all DOI security policies; the contractor will not have access to any Government IT systems.
7.0 PLACES OF PERFORMANCE
Main Meeting Location HGRD
Colorado River Agency Colorado River Agency Electrical Services Electrical Services 12000 1st Ave. Headgate Rock Dam
Attachment A
Photos javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')
Figure 1 - Both Battery Banks javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')
Figure 2 - Battery Bank 1 javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')
Figure 3 - Battery Bank 2 javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')
Figure 4 - Battery Nameplate
Figures 1 – 4 illustrate the existing battery banks at HGRD. All battery cells are the same type and manufacturer.
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Figure 5 - Battery Chargers javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')
Figure 6 - DC System Voltage javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')
Figure 7 - Charger Nameplate
Figure 5 – 7 are the same type and manufacture javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')
Figure 8 - Batter Room Layout, A javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')
Figure 9 - Batter Room Layout, B javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')
SECTION E – INSPECTION AND ACCEPTANCE
1. INSPECTION OF SERVICES—FIXED PRICE AUGUST 1996
(a) Definition."Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may-
(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and
(2) Reduce the contract price to reflect the reduced value of the services performed.
(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may-
(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or
(2) Terminate the contract for default.
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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 –
[Contracting Officer check as appropriate.] __ By the end of the base term of the contract and then by the end of each subsequent option period; or x_ By the end of the performance period for each order issued under the contract.
(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.
52.222-20 Contracts for Materials, Supplies, Articles and Equipment Exceeding $15,000 May 2014 javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')
If this contract is for the manufacture or furnishing of materials, supplies, articles or equipment in an amount that exceeds or may exceed the threshold specified in Federal Acquisition Regulation 22.602 on the date of award of this contract, and is subject to 41 U.S.C. chapter 65, the following terms and conditions apply:
(a)All stipulations required by 41 U.S.C. chapter 65 and regulations issued by the Secretary of Labor (41 CFR Chapter 50) are incorporated by reference. These stipulations are subject to all applicable rulings and interpretations of the Secretary of Labor that are now, or may hereafter, be in effect.
(b)All employees whose work relates to this contract shall be paid not less than the minimum wage prescribed by regulations issued by the Secretary of Labor (41 CFR 50-202.2). Learners, student learners, apprentices, and workers with disabilities may be employed at less than the prescribed minimum wage (see 41 CFR 50-202.3) to the same extent that such employment is permitted under section 14 of the Fair Labor Standards Act (41 U.S.C. 6508).
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
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts.
The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice [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
1452.203-70 Restrictions on Endorsements—Department of the interior July 1996 (Deviation)
The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205–1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.
1452.215-70 Examination of Records by the Department of the Interior April 1984 (Deviation)
For purposes of the Examination of Records by the Comptroller General clause of this contract (FAR 52.215–1), the Secretary of the Interior, the Inspector General, and their duly authorized representative(s) from the Department of the Interior shall have the same access and examination rights as the Comptroller General of the United States.
1452.228-70 Liability Insurance—Dept. of the Interior January 1996
(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:
$1,000,000.00 each person*
$1,000,000.00 each occurrence*
$100,000.00 property damage*
(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.
*These amounts to be set by the Contracting Officer.
1452.280-2 Notice of Indian Economic Enterprise Set-Aside February 2021
(a) Definitions as used in this clause.
Alaska Native Claims Settlement Act (ANCSA) means Public Law 92-203 (December 18, 1971), 85 Stat. 688, codified at 43
U.S.C. 1601-1629h.
Indian means a person who is an enrolled member of a Federally Recognized Indian Tribe.
Indian Economic Enterprise means any business activity owned by one or more Indians or Federally Recognized Indian Tribes, provided that:
(i) The combined Indian or Federally Recognized Indian Tribe ownership of the enterprise shall constitute not less than 51 percent.
(ii) The Indians or Federally Recognized Indian Tribes shall, together, receive at least 51 percent 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 Indians. 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. Management of Tribally owned Indian Economic Enterprises may be provided by:
(A) Committees, teams, or Boards of Directors which are controlled by one or more members of Tribe, or;
Non-Tribal members if the enterprise can demonstrate that the Tribe can hire and fire those individuals, that it will retain control of all management decisions common to Committees, teams, or Boards of Directors. Common management decisions, include strategic planning, budget approval, and the employment and compensation of officers. A written management development plan must also exist which shows how Tribal members will develop managerial skills sufficient to manage the enterprise or similar enterprises in the future.
The enterprise must meet the requirements of (i) through (iii) throughout the following time periods:
(1) At the time an offer is made in response to a written solicitation;
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(2) At the time of contract award; and,
(3) During the full term of the contract.
Federally Recognized Indian Tribe means an Indian Tribe, band, nation, or other Federally recognized group or community on the List of Federally Recognized Tribes. This definition includes any Alaska Native regional or village corporation under the Alaska Native Claims Settlement Act (ANCSA).
List of Federally Recognized Tribes means an entity appearing on the United States Department of the Interior's List of federally recognized Indian Tribes published annually in the Federal Register pursuant to Section 104 of Public Law 103-454, codified at 25 u.s.c. 5131.
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.
(2) The Contracting Officer (CO) will reject all offers received from ineligible enterprises.
(3) Any award resulting from this solicitation will be made to an Indian Economic Enterprise, as defined in paragraph (a] of this clause.
(c) Required Submissions. In response to this solicitation, an offeror must also provide the following:
(1) A description of the required percentage of the work/costs to be provided by the offeror over the contract term as required by section 1452.280-3, Subcontracting Limitations clause; and
(2) Qualifications of the key personnel (if any) that will be assigned to the contract.
(d) Required Assurance. The offeror must provide written assurance to the CO that the offeror is and will remain in compliance with the requirements of this clause. It must do this before the CO awards the Buy Indian contract and upon successful and timely completion of the contract, but before the CO accepts the work or product.
(e) Non-responsiveness. Failure to provide the information required by paragraphs (cl and (cl) of this clause may cause the CO to find an offer non-responsive and reject it.
(f) Eligibility.
(1) Participation in the Mentor-Protege Program established under section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (25 U.S.C. 47 note) does not render an Indian Economic Enterprise ineligible for contracts awarded under the Buy Indian Act.
If a contractor no longer meets the definition of an Indian Economic Enterprise after award, the contractor must notify the CO immediately and in writing. The· notification must include full disclosure of circumstances causing the contractor to lose eligibility status and a description of any actions that the contractor will take to regain eligibility. If the contract is unable to regain eligibility, then the contractor must revise its the representations and certifications in the System for Award Management.
Failure to give the CO immediate written notification means that:
(i) The economic enterprise may be declared ineligible as an IEE for future contract awards under this part; and
(ii) The CO may consider termination for default if it is in the best interest of the government.
1452.280-3 Subcontracting Limitations February 2021
(a) Definitions as used in this clause.
(1) Concern means any business entity with a place of business located in the United States or its outlying areas and that makes a significant contribution to the U.S. economy through payment of taxes and/or use of American products, materials and/or labor, etc. It includes but is not limited to an individual, partnership, corporation, joint venture, association, or cooperative. For the purpose of making affiliation findings (see FAR 19.101), it includes any business entity, whether or not it is organized for profit or located in the United States or its outlying areas.
(2) Subcontract means any agreement (other than one involving an employer- employee relationship) entered into by a government prime contractor or subcontractor calling for supplies and/or services required for performance of the contract, contract modification, or subcontract.
(3) Subcontractor means a concern to which a contractor subcontracts any work under the contract. It includes subcontractors at any tier who perform work on the contract.
(b) Required Percentages of work by the concern. The contractor must comply with FAR 52.219-14 Limitations on Subcontracting clause in allocating what percentage of work to subcontract. The contractor shall not subcontract work exceeding the subcontract limitations in FAR 52.219-14 to a concern other than a responsible Indian Economic Enterprise.
(c) Any work that an IEE subcontractor does not perform with its own employees shall be considered subcontracted work for the purpose of calculating percentages of subcontract work in accordance with FAR 52.219-14 Limitations on Subcontracting.
(d) (d) Cooperation. The contractor must:
(l) Carry out the requirements of this clause to the fullest extent; and
(2) Cooperate in any study or survey that the CO, Indian Affairs, or its agents may conduct to verify the contractor's compliance with this clause.
(e) Incorporation in Subcontracts. The contractor must incorporate the substance of this clause, including this paragraph (e), in all subcontracts for supplies, general services, A-E services, and construction awarded under this contract.
52.203-17 Contractor or Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights June 2020 javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')
(a)This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and Federal Acquisition Regulation (FAR) 3.908.
(b)The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section FAR 3.908.
(c)The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award.
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements January 2017
(a) Definitions. As used in this clause- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.
Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.
Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.
(b)The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).
(c)The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.
(d)The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(e)In accordance with 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) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(f)The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards June 2020
(a) Definitions. As used in this clause:
Executive means officers, managing partners, or any other employees in management positions.
First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect costs.
Month of award means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.
Total compensation means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):
(1) Salary and bonus.
(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board’s Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.
(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all…
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