140A1123Q0069_Terms_and_Conditions.pdf

BIA Western Regional Office RFQ No. 140A1123Q0069

TABLE OF CONTENTS

1. SECTION B SUPPLIES OR SERVICES AND PRICES

QUOTE SCHEDULE

2. SECTION C DESCRIPTION / SPECIFICATIONS

Specification / Statement of Work / Performance Work Statement

3. SECTION E INSPECTION AND ACCEPTANCE

52.246-2 INSPECTION OF SUPPLIES—FIXED PRICE AUGUST 1996

4. SECTION F DELIVERIES OR PERFORMANCE

52.219-14 Limitations on Subcontracting October 2022 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

1452.280-2 Notice of Indian Economic Enterprise Set-Aside February 2021

1452.280-3 Indian Economic Enterprise 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

52.203-99 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 52.212-4 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 Products and Commercial Services 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 52.252-2 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

1452.280-1 Notice of Indian Small Business Economic Enterprise Set-aside February 2021 1452.280-4 Indian Economic Enterprise Representation February 2021

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO SEPTEMBER 2007

INFLUENCE CERTAIN

FEDERAL TRANSACTIONS

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal January 2017 javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

Confidentiality Agreements or Statements-Representation 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 52.212-3 Offeror Representations and Certifications-Commercial Products and December 2022 Commercial Services 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

Quote completion & submission Instructions 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 52.211-6 Brand Name or Equal August 1999

52.212-1 Instructions to Offerors-Commercial Products and Commercial March 2023 Services 52.233-2 Service of Protest September 2006

9. SECTION M EVALUATION FACTORS FOR AWARD

52.212-2 Evaluation -- Commercial Products and Commercial Services November 2021 javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

SECTION B SUPPLIES OR SERVICES AND PRICES

Provide the following ductile iron poles:

Item Description Qty U/I Price Amount 01 40-ft. ductile iron utility poles 40 EA $___________ $___________ 02 45-ft. ductile iron utility poles 40 EA $___________ $___________ 03 25 KV polymer insulators, vise top 120 EA $___________ $___________ 04 15 KV 1” crossarm insulator pin 125 EA $___________ $___________ 05 10’ fiberglass crossarms 75 EA $___________ $___________ 06 10’ fiberglass deadend crossarms 10 EA $___________ $___________ 07 5/8” x 8’ grounding rods 75 EA $___________ $___________ 08 2/0 split bolt connector 100 EA $___________ $___________

GRAND TOTAL $___________

NAICS code 335999 with a 500-employee size standard applies to this requirement.

DELIVERY ADDRESS: USDOI/BIA

Electrical Services 12000 1st Avenue Parker, AZ 85344

BRAND AND MODEL QUOTED:________________________________________________________________

CONTRACTOR ____________________________________ SAM UEI# ___________________________

PHONE ___________________________ EMAIL ____________________________

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SECTION C – SPECIFICATIONS/STATEMENT OF WORK

Specifications Colorado River Agency Electrical Services

Power Pole and Line Hardware

1. GENERAL

Colorado River Agency, Electrical Services (CRA-ES) has identified the need to purchase power poles and line hardware. No refurbished materials shall be accepted. All hardware shall be to the manufacturer’s standard. No such items or accessories shall be removed or omitted for the reason that it was not specified. The use of recycled materials is strongly encouraged in the manufacturing of the power poles. The content of recycled material shall be at least 70% of the total weight of the pole. Recycled material specifically means steel or iron material purchased for the purpose of regeneration, not internal plant process scrap.

2. Quantities required

The scope of work for this effort is for a contractor to supply the identified power poles and hardware.

Item Qty.

40 ft. Ductile Iron Utility Poles 40 45 ft. Ductile Iron Utility Poles 40 25 KV Polymer Insulators, Vise Top 120 15 KV 1” Crossarm Insulator Pin 125 10’ Fiberglass Crossarms 75 10’ Fiberglass Deadend Crossarms 10 5/8” x 8’ Grounding Rods 75 2/0 Split Bolt Connector 100

2.1 Ductile Iron Utility Pole Specifications

2.1.1 Utility Pole Manufacturing Standards

Ductile Iron Utility Pole Products shall meet or exceed the following manufacturing standards:

• ASTM A536

• ANSI C151

• ANSI C110

• ANSI 5.1 for Wood Poles

• ASTM D – 714, Below Grade Coatings

• ASTM B – 117, Salt Fog Test

• ASTM D – 2794 – 84, Impact Resistance

• ASTM G – 14

2.1.2 Main

o Single Piece, Centrifugally Cast Class 2 Ductile Iron Utility Pole

Ultimate Tensile Strength - 60,000 psi minimum Yield Strength (0.2 % offset) - 42,000 psi minimum Total Elongation - 10% minimum o Iron shall constitute at minimum 90% of the chemical makeup of the ductile iron utility pole javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

2.1.3 Nameplate

o Shall be permanently attached Utility Pole o Shall contain at minimum basic pole information

Manufacture’s unique pole serial number Pole Height Pole Class Pole Weight Pole Finish Pole Manufacturing Date

2.1.4 Bearing Plate/Base Plate

o Shall be Welded in Place o Shall be made of the same material as the utility pole o Shall be circular in shape o Same diameter as Pole o Shall have a center cut hole no less than two inches in diameter

2.1.5 Base of Pole Coating

o Shall be coated inside and out with a protective ceramic epoxy barrier coating no less than 20 mils o Protective ceramic epoxy coating shall be applied to a distance equal to 10% of total pole height plus 4 feet o Bearing Plate shall be coated both sides with a protective ceramic epoxy coating no less than 20 mils o All rivet nuts installed within the protective barrier zone as described above shall be 300 series austenitic stainless steel o The protective ceramic epoxy coating shall show no effect when rated using ASTM D-714 After 7,000 hours exposure time to:

20% Sulfuric Acid Immersion 25% Sodium Hydroxide Immersion 5% Sodium Chloride Solution (Salt Water) Immersion Unscribed panel 5% Sodium Chloride Solution (Salt Water) Immersion Panel Scribed to Metal Distilled Water Immersion 5% Sodium Chloride Solution Mist at 95°F - Scribed Panel o The protective ceramic epoxy coating’s impact resistance for pipeline coatings shall meet or exceed ASTM G – 14 at 140 in/lbs.

2.1.6 Flat Cap/Top Cap

o Shall be Welded in Place o Shall be made of the same material as the utility pole o Shall be circular in shape o Same diameter as Pole o Shall be a solid piece of material, no openings

2.1.7 Pole Finish

o Pole finish shall be a natural finish, bare iron.

2.1.8 Performance

o Poles shall be classified according to the maximum allowable tip load established by ANSI 5.1 for wood poles and as modified by the NESC for Grade B installations o Poles shall be designed to handle NESC Grade B wood pole design loads o Pole shall be considered to have an embed depth of 10% of the total pole length plus 2 feet.

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Quadrant A

Hole Location Distance from

Flat Cap Hole Diameter Hole Type

1 4" 11/16" Thru 2 9" 11/16" Thru 3 12" 11/16" Thru 4 18" 11/16" Thru 5 29 3/8" 11/16" Thru 6 38 3/8" 11/16" Thru 7 52" 11/16" Thru 8 57" 11/16" Thru 9 66" 11/16" Thru 10 71" 11/16" Thru 11 77 3/8" 11/16" Thru 12 84" 11/16" Thru 13 86 3/8" 11/16" Thru 14 97 3/4" 11/16" Thru 15 106 3/4" 11/16" Thru

A 85% of Total Pole Length 11/16" Rivnut (Ground)

B 59" 11/16" Rivnut (Ground)

C Base Coat

Quadrant B

Hole Location Distance from

Flat Cap Hole Diameter Hole Type

1 6" 11/16" Thru 2 9" 11/16" Thru 3 14" 11/16" Thru 4 18" 11/16" Thru 5 26 3/8" 11/16" Thru 6 30" 11/16" Thru 7 42" 11/16" Thru 8 50" 11/16" Thru 9 57" 11/16" Thru 10 62 3/8" 11/16" Thru 11 66" 11/16" Thru 12 71" 11/16" Thru 13 77 3/8" 11/16" Thru 14 84" 11/16" Thru 15 86 3/4" 11/16" Thru 16 97 3/4" 11/16" Thru 17 102" 11/16" Thru 18 105" 11/16" Thru 19 114" 11/16" Thru 20 120" 11/16" Thru 21 127 3/4" 11/16" Thru 22 138" 11/16" Thru 23 156" 11/16" Thru 24 174" 11/16" Thru 25 192" 11/16" Thru 26 210" 11/16" Thru 27 228" 11/16" Thru 28 246" 11/16" Thru

2.1.9 Hole Location

o Hole locations shall be measured from the Flat Cap to the Bearing Plate o Hole Locations will be as illustrated below in Figure 1, Table 1, and Table 2

If deviations from specified hole locations are suggested or required, acceptance shall be required from the Contracting Officer Representative (COR). All submittals shall be sent to the

COR.

Figure 1 - Hole Locations

2.2 25 kV Polymer Insulator – Vise Top Specifications

2.2.1 Recommended Item: Preformed Line Products Cat# IP-25-VTU1

Item Spec ANSI Class 55-5 Insert Nylon Application Aluminum, and Copper Conductors Mounting Pin Diameter 1 inch Apprx. Unit Weight lbs. 2.2

2.3 15 KV 1” Crossarm Insulator Pin Specifications

2.3.1 Main Recommended Item: MacLean Power Systems Cat# J207Z

C

Table 2 - Quadrant A Hole

C

Table 1 - Quadrant B Hole Locations

15” 11/16” Rivnut (Ground)

D

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

Type Pin Type Insulator Mounting Pin Material Steel, Hot Dip Galvanized Mounting Long Shank, Wood Crossarm Insulator Thread Material Nylon Insulator Thread Diameter 1 inch Length Above Arm 6 inch Base Diameter 5/8 inch Shank Length 6.5 Lb/Ea 1.96 Hardware Square Washer, Square Nut, Locknut

2.4 10’ Fiberglass Crossarm Specifications

2.4.1 Main Recommended Item: Shakespeare Composite Cat# STB120N12602

Length 10 ft Material Fiberglass Composite Braced No Braceless Yes Ultimate Load 3000 Deflection 1.54 Pin Hole Qty 6

2.5 10’ Fiberglass Deadend Crossarms Specifications

2.5.1 Main Recommended Item: PUPI Cat# DA4000120E2B9X2

Length 10 ft Material Fiberglass Composite Braced No Braceless Yes Ultimate Load 11750 Deadend Drilled Position 2 wire Positions Color Grey

2.6 5/8” x 8’ Grounding Rods Specifications

2.6.1 Main Recommended Item: Erico Cat# 615880

Diameter 5/8 inch Length 8 ft

2.7 Post Split Bolt Mechanical Grounding Connector, Cable to Flat Specifications

2.7.1 Main Recommended Item: Burndy Cat# KC26B1

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Conductor Size 2 AWG – 3/0 AWG Application For Used To Ground One Or Two Copper

Cables To Steel Structures, Fence Posts, Transformers, Tap One Or Two Cables From Bus Bar And Direct Burial

Material Bronze, Leaded, Commercial Plating Type Unplated Stud Installation Torque inch pounds

480 LBS/in

Overall Length 67mm Nut Width 1.04 in

3. WARRANTY

The contractor shall warrant or provide factory backed warranty of all products, materials, workmanship, travel, and labor for a minimum of one (1) year from the close out date of this contact.

The contractor shall warrant or provide factory backed extended warranty of all products, materials, workmanship, travel, and labor for a minimum of five (5) years from the close out date of this contact.

4. SHIPPING

The material and equipment shall be shipped FOB destination to the following address:

Colorado River Agency Electrical Services 12000 1st Ave.

Parker, Az. 85344

5. POINT OF CONTACT:

Harlan Herder Colorado River Agency Electrical Services 12000 First Avenue Parker, Arizona 85344 928-669-7131 harlan.herder@bia.gov javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','') mailto:harlan.herder@bia.gov

SECTION E – INSPECTION AND ACCEPTANCE

1. 52.246-2 INSPECTION OF SUPPLIES—FIXED PRICE AUGUST 1996

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test 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. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)

(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1)by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)

(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time-

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

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(2) The Government’s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor’s plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract.

Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1)at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement.

When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in paragraph (l)(1) or (l)(2) of this clause and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

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SECTION F DELIVERIES OR PERFORMANCE

52.219-14 Limitations on Subcontracting October 2022 (DEVIATION OCT 2022 )

(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.] X By the end of the base term of the contract and then by the end of each subsequent option period; or __ 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.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

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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

1452.280-2 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;

(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 Indian Economic Enterprise 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 javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','') 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

(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

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

(a) The contractor shall not require employees or contractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

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(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

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 salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6)Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

(b)Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

(c)Nothing in this clause requires the disclosure of classified information (d) (1)Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) (Federal Acquisition Regulation (FAR) provision 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if– (i)In the Contractor’s preceding fiscal year, the Contractor received- (A)80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and (B)$25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and (ii)The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(2) First-tier subcontract information. Unless otherwise directed by the Contracting Officer, or as provided in paragraph (g) of this clause, by the end of the month following the month of award of a first-tier subcontract valued at or above the threshold specified in FAR 4.1403(a) on the date of subcontract award, the Contractor shall report…