140A1124Q0022_Terms_and_Conditions.pdf

BIA Western Regional Office BPA Call 140A1124F0015

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

52.246-4 INSPECTION OF SERVICES—FIXED PRICE AUGUST 1996

4. SECTION F DELIVERIES OR PERFORMANCE

52.219-14 Limitations on Subcontracting March 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

1452.228-70 Liability Insurance—Dept. of the Interior July 1996

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

52.204-9 Personal Identity Verification of Contractor Personnel January 2011 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 52.212-4 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 52.217-8 Option to Extend Services November 1999 52.217-9 Option to Extend Term of the Contract March 2000

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

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INFLUENCE CERTAIN

FEDERAL TRANSACTIONS

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal January 2017 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 February 2024 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 52.212-1 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

Item Description Qty U/I Price Amount 01 Provide PCB remediation 1 JB $_____________ $____________

NAICS code 562910 with a 1,000-employee size standard applies to this requirement.

CONTRACTOR _____________________________ SAM UEI# ___________________________

PHONE ______________________

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 - STATEMENT OF WORK

Remediation of PCB Contamination at Mammoth 2 Substation Bureau of Indian Affairs -Western Regional Office

Division of Environmental, Safety, and Cultural Resources Management

1.0 INTRODUCTION

This requirement is for remediation of polychlorinated biphenyl (PCB) impacts to soil and concrete underlying an active electrical transformer pad at the Mammoth 2 Substation

(Substation), owned and maintained by the Bureau of Indian Affair’s (BIA) San Carlos

Irrigation Project (SCIP). The Substation is located southwest of E. Harwood Street and AZ

Highway 77 (Latitude 32°41'14.13"N Longitude 110°39'15.02"W) in Pinal County, Arizona

(See Figure 1.

Substation Location Map and Figure 2. Substation Site Map).

2.0 PREVIOUS INVESTIGATIONS

on June 16, 2015, E.W Wells conducted a site investigation at the Substation and observed leakage at the drain valve on the transformer and underlying concrete pad. On

September 14, 2017 Tehama, LLC (Tehama), visited the site for Phase I sampling and on

March 8, 2018 for Phase II sampling. A total of 10 samples of PCB Aroclor 1260 in excess

(highest level - 45 ppm) of the U.S. Environmental Protection Agency (EPA) Region 9 regional screening levels (RSL) were detected in the concrete samples that were collected in the immediate vicinity of the transformer drain valve. Staining was observed on the valve, transformer, transformer skid, and concrete pad. Based on the staining, it is estimated that the impacted area is approximately 2 ft wide by 10 ft long, and analytical data confirms that contamination extends down to at least 6 inches below top of slab.

PCB Aroclor 1260 was detected in 8 soil samples that were collected from each side of the transformer pad, with four samples having detections above the RSL. No other PCB Aroclors were detected in the soil samples. The concrete pad is approximately 5 ft wide, 15 ft long, and extends 12 inches bgs.

In January 2020, Tehama conducted remedial activities where impacted soil was removed from all sides of the transformer pad, and the west side of the circuit breaker pad. Soil removal javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','') extended out 2.5 ft. from the transformer pad to the east and south, 14 ft. to the north, and 5 ft. to the west of the transformer pad to a depth of 6 inches. The area between the transformer pad and circuit breaker pad was manually excavated to a depth of 18 inches. No concrete pads were removed during this remediation event.

Previous investigation reports are available upon request.

3.0 STATEMENT OF WORK

3.1 Project Planning

The contractor shall prepare a project workplan to communicate and to formalize project objectives, approach, methods, notification procedures, schedule (Gantt chart, with schedule of significant milestones), regulatory requirements, organizational structure (including list of subcontractors), and contractor and personnel licenses and certifications.

• The project workplan shall include, but not be limited to, the following components:

• Site Description, Nature and Extent of Contamination

• Project Overview and Objectives

• Project Logistics and Schedule

• Soil Sampling and Analysis Plan (SAP)

• Health and Safety Plan (HASP)

• Quality Assurance Project Plan (QAPP)

The contractor shall submit draft and final versions of the project workplan. A 10 calendar day review and comment period shall follow the submittal of the draft Project Work Plan. The contractor shall submit one electronic (PDF) copy of the final Project Work Plan to DECRM within

45 calendar days from the notice to proceed.

3.2 Site Remediation

Concrete – Following temporary re-location of the active transformer, the concrete pad shall be removed by demolishing the entire slab using small excavation equipment, including a skid steer loader with a hydraulic breaker attachment. All proposed excavation equipment must receive SCIP approval prior to mobilization.

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Soil - Following concrete pad removal, the soil underneath the concrete pad shall be excavated to a depth of 24 inches bgs.

3.3 Cleanup Verification

Following removal of the contaminated concrete and soils, confirmation samples will be collected every 5 ft. along the excavation floor and side walls to be submitted to the analytical laboratory for

PCB analysis. Verification sampling shall be conducted in accordance with 40 CFR Part

761.61(a)(6). Confirmatory samples shall be analyzed for PCBs using EPA Methods 3540/8082, with a full soxhlet extraction. All samples shall be analyzed at a National Environmental Laboratory

Accreditation Program (NELAP)-accredited laboratory. In addition, the laboratory must be certified by the State of Arizona to perform PCB analysis by EPA Methods 3540/8082 with a full soxhlet extraction.

The Mammoth 2 Substation is located in a rural area. Therefore, PCB contamination shall be remediated in accordance with the EPA RSL industrial cleanup level (1 ppm).

3.4 Site Preparation/Restoration

Prior to conducting excavation activities at the site, the SCIP will contact the appropriate utility locating service. Dust mitigation measures shall be implemented in order to prevent exposure to

PCBs during remedial activities (e.g. soil excavation). A new transformer pad and containment structure will be installed at Mammoth 2 by SCIP following remedial activities.

3.5 Disposal of PCB Remediation Waste

All bulk PCB remediation waste must be disposed of in accordance with the requirements in 40

C.F.R. § 761.61(a)(5). Disposal facilities shall be selected based on the in-situ PCB concentrations of the waste. Cleanup waste (e.g., personal protective equipment, rags, gloves, booties) shall be disposed of in accordance with 40 C.F.R. § 761.61(a)(5)(v). Non-disposable sampling tools and equipment, as well as movable equipment used during cleanup and/or additional sampling shall be disposed of in accordance with 40 C.F.R. § 761.79(c)(2). Decontamination residues must be disposed of at their original concentrations in accordance with the requirements in 40 C.F.R. §

761.79(g).

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BIA Western Regional Office RFQ No. 140A1124Q0022

3.6 Regulatory Framework and Agency Interaction

BIA has developed these specifications in coordination with EPA Region 9, Office of

Land Division, Corrective Action Section, for the purpose of remediating PCB contamination at the BIA properties in accordance with Title 40 Code of Federal

Regulations (CFR), Chapter I, Subchapter R, Part 761.61(c).

4.0 DELIVERABLES

PCB Cleanup Report

At the conclusion of the remedial excavation, a closure report documenting the removal and disposal of the PCB contaminated concrete and soil shall be prepared. The report shall be submitted in Draft and Final forms, allowing review by stakeholders as determined by BIA. At a minimum, the PCB Cleanup Report shall include:

• Project objectives, tasks, and methods.

• Excavation area limits, boundary coordinates, and volumes.

• Verification sampling locations, depths and methods, and tabulated analytical results.

• Laboratory methods, reports and chain of custody forms.

• Waste manifests, certificates of destruction.

One electronic copy of the final report shall be submitted to the DECRM.

5.0 GENERAL REQUIREMENTS

Permits

No special points of entry permits are required for entry into any substation property. SCIP

Personnel shall provide escort during fieldwork. Please note that Substations shall not be de- energized for performance of fieldwork pursuant to this requirement. BIA has not completed an ArcFlash Hazard Analysis in preparation of this project; such requirements shall be identified and addressed in the Contractor’s HASP.

6.0 PERIOD OF PERFORMANCE

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The period of performance for this project is 120 days.

Following is included within the scope of work:

1. Mobilization

2. Substation de-energized and grounded by others.

3. Temporarily Relocate Transformer to RM-provided Steel Plates.

4. Demo of existing transformer foundation and removal of affected soil

5. Disposal of contaminated concrete and Soil in accordance with applicable regulations.

6. Testing of soil to ensure PCB contaminated soil has been entirely removed.

7. Furnish and install new transformer pad, associated conduit, and grounding repair.

8. Relocate transformer from on-site plates to new foundation.

9. Finalize grade, including import of 25 tons max of granite surfacing, if necessary

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SECTION E – INSPECTION AND ACCEPTANCE

1. 52.246-4 INSPECTION OF SERVICESS—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.

52.242-15 Stop-Work Order August 1989 javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

(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

1452.228-70 Liability Insurance—Dept. of the Interior July 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:

$100,000.00each person*

$200,000.00 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.

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.

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(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 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.

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(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.

(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.

52.204-9 Personal Identity of Contractor Personnel January 2011

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

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.

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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 the following information at http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.)

(i)Unique entity identifier for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.

(ii)Name of the subcontractor.

(iii)Amount of the subcontract award.

(iv)Date of the subcontract award.

(v)A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(vi)Subcontract number (the subcontract number assigned by the Contractor).

(vii)Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(viii)Subcontractor’s primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(ix)The prime contract number, and order number if applicable.

(x)Awarding agency name and code.

(xi)Funding agency name and code.

(xii)Government contracting office code.

(xiii)Treasury account symbol (TAS) as reported in FPDS.

(xiv)The applicable North American Industry Classification System code (NAICS).

(3)Executive compensation of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer, 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, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor’s preceding completed fiscal year at http://www.fsrs.gov, if- (i)In the subcontractor’s preceding fiscal year, the subcontractor 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 javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','') https://www.acquisition.gov/far/52.204-7#FAR_52_204_7 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section78m&num=0&edition=prelim http://www.sec.gov/answers/execomp.htm https://www.acquisition.gov/far/4.1403#FAR_4_1403 http://www.fsrs.gov/ http://www.fsrs.gov/ https://www.acquisition.gov/far/4.1403#FAR_4_1403 http://www.fsrs.gov/

(B)$25,000,000 or more in annual gross revenues…