RFQ_140A41619Q0072-Legal_approved.docx

U.S. DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs Office of the Chief Financial Officer 12220 Sunrise Valley Drive Reston, VA 20191

Request For Quote (RFQ) # 140A1619Q0072 This solicitation is for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, as supplemented with additional information included in the original synopsis issued on February 11, 2019. The response time for this RFQ is supported by FAR 5.203 (b).

1. RFQ NUMBER: The RFQ number is 140A1619Q0072. This solicitation is being issued as a RFQ. This solicitation document incorporates provisions and clauses associated with commercial item procurement.

2. SET-ASIDE: The procurement will be made in accordance with the Buy Indian Act, 25.U.S.C 47 and therefore, 100% set-aside for Indian Economic Enterprises (IEEs). Only quotes received from IEE's will be considered for award. However, Non-IEE quotes may be considered, if no quotes were received from IEEs or the IEEs quotes received are determined as technical deficient and, or price unreasonable.

3. NAICS CODE: The suggested North American Industry Classification System (NAICS) code is 541199, All Other Legal Services. The Product Service Code (PSC) is R499 (Support-Professional: Other).

4. BUSINESS SIZE: The business size standard in millions of dollars for 541199 NAICS code is $11 million.

5. DESCRIPTION OF REQUIREMENT: See Attachment 1, Statement of Work (SOW)

6. DELIVERY: Delivery shall be FOB destination. The Government anticipates making an award no later than July 17, 2019.

PLEASE NOTE: This RFQ 140A1619Q0072 is one out of two (2) separate RFQs posted on Fedbizopps with the intention of awarding two (2) stand-alone Contracts to two (2) different Vendors providing separate Tribal Court Assessment Support Services in State of Nevada and State of Washington. The other RFQ Number for the State of Washington is 140A1619Q0073 and would be published simultaneously.

7. PERIOD OF PERFORMANCE (POP): The POP for this effort is from the date of award through 12 months plus 4 Options Years.

July 15, 2019 through July 14, 2020 with four (4) Options Option Year 1: July 15, 2020 through July 14, 2021 Option Year 2: July 15, 2021 through July 14, 2022 Option Year 3: July 15, 2022 through July 14, 2023 Option Year 4: July 15, 2023 through July 14, 2024

8. PLACE OF PERFORMANCE: This list of the courts where the assessments will be performed is included in this RFQ as Attached 3.

9. CONTRACT TYPE: Fixed Labor Hours (FLH), with Travel.

10. QUESTIONS

If you have questions regarding this requirement, please submit your inquiries immediately via email but no later than 5:00 PM Eastern Time, Tuesday June 4, 2019, to ejikeme.ezeala@bia.gov. All communications regarding this requirement shall be between the vendor and Bureau of Indian Affairs (BIA) only. Please be advised that the Government reserves the right to transmit those questions and answers of a common interest to all prospective vendors through Federal Business Opportunities, (Fedbizopps).

11. INSTRUCTIONS FOR QUOTE PREPARATION

The Bureau of Indian Affairs (BIA) is issuing this RFQ to solicit vendors who holds Indian Economic Enterprise (IEE) status or designation in accordance with Buy Indian Act 25.U.S.C 47 for the purpose of entering into a Contract. All vendors must submit the price quote separately from the technical quote.

The following information must be submitted in order to be considered for award:

Quote Submission:

Volume I- Cover Page: This is the vendor’s cover page and shall contain the following:

1. Tax identification number (TIN)

2. Dun & Bradstreet Number (DUNS)

3. Complete business mailing address

4. Contact name

5. Contact phone

6. Contact fax number

7. Contact e-mail address

8. RFQ number

9. Quote number

10. Delivery and setup dates

11. Business Size (Small or Large)

12. Business Classification (e.g., Women Owned etc.)

13. Certification as an IEE

Volume II- Technical Capability: The Technical Capability must discuss the approach in sufficient detail to clearly and concisely demonstrate that the vendor has an understanding of all requirements specified in the Statement of Work. Quotes which merely offer to develop packets in accordance with the requirements of the SOW will not be eligible for award.

The Technical Capability quote shall not contain price information; however, resource information such as data concerning supplies, materials, equipment, etc. must be contained in the technical quote so that the vendor’s understanding of the detail and complexity of the requirement may be evaluated.

Volume III: Past Performance: See Factor III below.

Volume III- Price: Please use the attached Price Breakdown sheet (Attachment 2). Price quote shall be all inclusive. The failure to submit any of the information requested in this RFQ may lead to the rejection of your quote without further consideration.

12. QUOTE DUE DATE

The due date for responses to this RFQ shall be sent to ejikeme.ezeala@bia.gov, no later than 5.00 PM Eastern Time, Friday June 21, 2019. Any submissions received after the date and time specified herein will NOT be considered for award.

Quotes must be submitted to ejikeme.ezeala@bia.gov. Any other method of submission will NOT be considered. Please allow time for any delays that may impact submitting your quote.

13. BASIS OF AWARD

The Government intends to make a Fixed-Labor Hour (FLH) single award Contract for all Line Items. The Contract award shall be made to the responsible vendor whose offer, in conforming to this RFQ, provides an overall best value to the Government, technical evaluation factors, and price considered. The Government's objective is to obtain the highest technical quality considered necessary to achieve the project objectives, with a realistic and reasonable price. Personnel Qualifications and Experience and Technical Approach evaluation factors are more important than price; however, between quotes that are evaluated as technically equal in quality, price will become a major consideration in selecting the successful Vendor.

The Government reserves the right to contact a vendor regarding their quote including price discounts or the Government may make award without contacting the vendor.

The Government reserves the right to not make an award, if necessary.

This is a RFQ only and in no way obligates the Government to award a Contract or to reimburse vendors(s) for any costs incurred in preparing their quote.

14. QUOTE PACKAGE EVALUATION

The Vendor’s submission will be evaluated according to the factors shown below. The Government will make an award based on a solution that provides the best value when compared with the requirement in the SOW.

Factors listed below are in descending order of importance.

Unrealistically low and/or unreasonably proposed prices may be grounds for eliminating a quote from competition either on the basis that the vendor does not understand the requirement or the vendor has made an unreasonable/unrealistic quote.

The Government intends to award a maximum of one (1) Contract as a result of this RFQ 140A1619Q0072. Quotes received for less than the stated number of items listed in the schedule may be considered ineligible for award. The Government intends to evaluate quotes and award a Contract without communication with vendors. Therefore, the vendor’s initial quote should contain the best terms from a price and technical standpoint. The Government reserves the right to communicate with vendors, if the Contracting Officer later determines such effort to be necessary.

The following factors shall be used to evaluate quotes (evaluation Criteria in descending order of importance). Factor I, Personnel Qualifications and Experience, Factor II, Understanding of the Requirement & Technical Approach, Factor III, Past Performance, and Factor IV, Price.

Factor I – Personnel Qualifications and Experience

The personnel quoted shall have knowledge and experience in the subject areas addressed in the SOW. The vendor shall submit resumes of the quoted personnel as part of their quote submission. Specifically, the quoted Project Manager should have the following:

· Vendor must have or possess a J.D. degree from an accredited University;

· Be an active member of the bar (any state jurisdiction);

· Significant experience as a tribal judge, tribal administrator, persecutor, civil attorney or public defender, and have worked extensively in the court system within the last 5 years;

· Significant experience in working with tribal governments and ability to provide constructive criticism to tribal courts and tribal governments regarding difficult situations which arise in the tribal court arena;

· Experience in conducting trial court assessments or trial court evaluation with that last 5 years;

· Vendor will be expected to conduct the Tribal Court assessments in five (5) separate phases. The vendor will conduct each assessment with a review team of at least three (3) team members bringing different areas of tribal justice expertise.

· Vendor and their team must have significant tribal court experience and should include either a former or present tribal judge, either a persecutor or public defender or civil attorney who has worked in tribal courts, either a present or former court administrator, social worker, tribal probation officer, and any other individual the vendor believes would be capable of performing a court assessment based on the Trial Court Performance Standard and Measurement System (TCPS).

· The Vendor shall demonstrate that current and proposed staff have the appropriate range of relevant academic achievements and applied experience to fully execute and complete the tasks.

· The Vendor shall demonstrate knowledge and experience by submitting the resume(s) for key personnel. Key personnel are defined as those individuals the Vendor views as essential to successfully performing its proposed technical approach. The key personnel will be incorporated into the contract upon award and may not be changed without written approval. Any licenses, certifications, or professional organization memberships may be included.

· The Vendor shall have a cultural awareness of the locations and sites which are being evaluated and assessed.

· Team members 1, 2, and 3 should possess a law degree, but with an experience in the field of assessment of tribal court system not less than 3 years.

· The Administrative Assistant and the Information Technology Support should possess at a minimum a Diploma with not less than 5 years of experience in the field of tribal court system.

Factor II – Understanding of the Requirements and Technical Approach

The vendor must demonstrate a clear understanding of the SOW objectives and scope; and also present a logical, rational, and complete approach for accomplishing the work outlined in the SOW. The vendor’s presentation illustrates a quote that is reasonable, responsive, and addresses all aspects of the technical requirement. Simple statements of compliance (i.e., “understood”, “will comply”) without a detailed description of how compliance will be achieved will not be considered sufficient evidence that the quoted services can technically meet the requirement of the SOW. The quotes will be evaluated for technical capability by comparing the vendor’s quote to the SOW. The vendor must document in its technical plan on how it intends to provide the Tribal Court Assessment services and the plan clearly stated in the vendor‘s quote. Specifically:

· Vendor must be familiar with the particular tribal courts in District III, Nevada for which the assessment is being conducted;

· Vendor must be accessible to the tribal courts and the tribal codes within District III, Nevada for which the assessment is being conducted;

· Vendor and team must have an understanding of the challenges tribal courts face in the budget arena;

· Vendor and team must have an understanding of the challenges tribal courts often face on due process and separation of powers issues;

· Vendor must have the ability to properly present an unmet needs section with the tribal court assessment, which focuses on types of cases, including civil, criminal, and juvenile cases, plea bargaining and tribal court mediation, drug courts, family courts and ways in which a court might provide alternative sentencing, which includes mental health options;

· Vendor and team must be proficient in understanding how to properly provide productive feedback to tribes and tribal courts regarding the functions of tribal courts;

· Vendor must have the ability to provide proper guidance to court clerks, regarding all the important duties a court clerk provides;

· Vendor’s detailed description of its understanding and plan to meet the timeline requirement;

· Vendor’s detailed description of the processes it plans to use to complete the Task requirements;

· Vendor’s understanding of standards, policies, treaties, and laws, and how the technical approach will incorporate these requirements into the performance of the tasks;

· Vendor must possess exceptional writing skills.

Factor III - Past Performance Vendors shall submit the following information as part of their quote:

1. A list of three (3) completed or active contracts for related or similar services. The Government will evaluate past performance on contracts that are similar in nature to the requirements in this RFQ. Contracts listed shall include those entered into with the Federal Government, Agencies of State and Local Governments, or Commercial Customers.

2. Each Vendor will be evaluated on its performance under existing and prior contracts which are similar in nature to the requirement of this RFQ. The Government is not required to contact all references provided by the Vendor. Also, references other than those identified any the Vendor may be contacted by the Government to obtain additional information that will be used in the evaluation of the Vendor’s past performance. Information for the evaluation of past performance will be randomly requested from the list of references or other sources as previously stated. Performance information will be used for both responsibility determinations and as an evaluation factor to be scored. Past Performance Information Retrieval System (PPIRS) will also be used as a source of past information to help with the evaluation of past performance.

3. Vendors are further advised that thorough and complete past performance information is required. Explanations/comments regarding problems encountered and corrective actions taken shall be addressed as a part of the quote submitted in response to the RFQ. The Government will take the Vendor’s comments into consideration when conducting its past performance evaluation. Vendors may not be given the opportunity to address problems encountered in the past performance.

Factor IV - Price

(Please use the price sheet attached to submit your price quote). Vendors, at a minimum, shall submit a price quote in sufficient detail for the Government to be able to determine that the proposed price is realistic and consistent with the proposed technical approach. The price quote is to be submitted as Fixed Labor Hour. In the event the submissions become equal in technical merit, price will become more important and the determining factor for award.

The Government will evaluate each Vendor’s price for fairness and reasonableness. The Government expects adequate price competition to establish fair and reasonable pricing. The price detail shall include sufficient descriptions to enable the Contracting Officer to determine the reasonableness of the price submitted. Unrealistically high (or low) pricing in the initial or revised proposal may be grounds for eliminating a quote from competition – either on the basis that the Vendor does not understand the requirement or has submitted an unrealistic quote.

Trade-offs An award will be made on the basis of a Best Value Determination. The Government will make an award contingent upon receiving a quote which meets or exceeds the Government’s requirements from a vendor at a fair and reasonable price.

The final award decision will be made by the Contracting Officer (CO) who will consider the vendor’s technical capabilities, personnel, past performance, and price. Technical capabilities are of more important than past performance and price. Price will become more important as quotes become increasingly close in technical quality. The Government may be willing to pay a premium price for a comparably higher-quality solution. When Offerors solutions become more equal in terms of technical approach, price will become a determining factor.

15. CONTRACT ADMINISTRATION

The following sections will become a part of the resulting Contract:

a. Deliverables All deliverables shall be delivered by the Vendor as specified in SOW. Deliverables shall be delivered to the Contracting Officer’s Representative (COR) mentioned in the award. When questions concerning the deliverables arise, the Vendor shall follow the direction of the COR who will coordinate with the Government Contracting Officer (CO).

b. Contracting Officer’s Authority A BIA CO is the only person authorized to make or approve any changes in any of the requirements of this TO and notwithstanding any provisions contained elsewhere in this TO, the said authority remains solely with the CO. In the event the Vendor makes any changes at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the TO terms and conditions, including price.

DIAR 1452.201.70 - Authorities and Delegations (SEP 2011)(a): The CO is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The CO will designate a COR at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Vendor Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Vendor shall comply with the written or oral direction of the CO or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Vendor need not proceed with direction that it considers to have been issued without proper authority. The Vendor shall notify the CO in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Vendor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Vendor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the CO's response issued under paragraph (e) of this clause.

(e) The CO shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Vendor shall provide copies of all correspondence to the CO and the COR.

(g) Any action(s) taken by the Vendor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the CO or the COR acting within his or her appointment, shall be at the Vendor’s risk.

(End of clause)

c. DIAPR 2010-14 Amendment 1 - Contractor Performance Assessment Reporting System (July 2010)

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Vendor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3) We request that you furnish the CO with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Vendor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

4) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

5) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

6) The following guidelines apply concerning your use of the past performance evaluation:

a) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of notice)

d. Invoicing Vendors shall submit invoices to BIA at www.ipp.gov in accordance the Internet Payment Platform (IPP) Electronic Invoicing Requirements. The Vendor shall be responsible for ensuring invoices submitted are accurate and complete and are in accordance with federal guidelines and other Government mandates and directives. Additional supporting documentation MAY BE REQUESTED at the discretion of the CO or COR.

16. CONTRACT ORDER CLAUSES AND PROVISIONS

The following clauses are applicable to this requirement:

CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es):

October 2015

Jan 2017

52.222-43

52.227-0l Authorization and Consent

December 2007

1452.215-70 EXAMINATION OF RECORDS BY THE DEPARTMENT OF THE INTERIOR APRIL 1984

For purposes of the Examination of Records by the Comptroller General clause of this contract (FAR 52.215-1), the Secretary of the Interior, the Inspector General, and their duly authorized representative(s) from the Department of the Interior shall have the same access and examination rights as the Comptroller General of the United States.

1452-215-71 USE AND DISLOSURE OF PROPOSAL INFORMATION DEPARTMENT OF THE INTERIOR APRIL 1984

(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552), the following terms shall have the meaning set forth below:

(1) "Trade Secret" means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.

(2) "Confidential commercial or financial information" means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption, which covers "commercial and financial information obtained from a person and privileged or confidential," and exemption which covers "geological and geophysical information, including maps, concerning wells."

(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend:

"The information specifically identified on pages ___ of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that the information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract."

(1)The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:

"This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal."

(2) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.

(3) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.

(4) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government. However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.

(End of provision)

1452.226-70 INDIAN PREFERENCE APRIL 1984

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

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

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

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

(e) As used in this clause:

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

(2) Indian organization" means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 145l)

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

(4) "Indian Tribe" means an Indian Tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 668; 43 U.S.C. 160 I) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(5) The Contractor agrees to include the provisions of the clause including this paragraph (0) in each subcontract awarded under this contract.

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

(End of clause)

1452.226-71 INDIAN PREFERENCE PROGRAM APRIL 1984

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

(b) Designate a liaison officer who will maintain liaison with the Government and Tribe(s) on Indian preference matters; (ii).supervise compliance with the provisions of this clause and administer the Contractor's Indian preference program.

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

(d) Not less than twenty (20) calendar days prior to commencement of work under this contract, post a written notice in the Tribal office of any reservations on which or near where the work under this contract is to be performed which sets forth the Contractor's employment needs and related training opportunities. The notice shall include the approximate number and types of employees needed, the approximate dates of employment; the experience or special skills required for employment, if any; training opportunities available; and all other pertinent information necessary to advise prospective employees of any other employment requirements. The Contractor shall also request the Tribe(s) on or near whose reservation(s) the work is to be performed to provide assistance to the Contractor in filling its employment needs and training opportunities. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to contact in regard to the posting of notices and requests for Tribal assistance.

(e) Establish and conduct a subcontracting program which gives preference to Indian organizations and Indian-owned economic enterprises as subcontractors and suppliers under this contract. Consistent with the efficient performance of this contract, the Contractor shall give public notice of existing subcontracting opportunities by soliciting bids or proposals only from Indian organizations or Indian-owned economic enterprises. The Contractor shall request assistance and information on Indian firms qualified as suppliers or subcontractors from the Tribe(s) on or near whose reservation(s) the work under the contract is to be performed. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to be contacted in regard to the request for assistance and information. Public notices and solicitations for existing subcontracting opportunities shall provide an equitable opportunity for Indian firms to submit bids or proposals by including --

(f) A clear description of the supplies or services required including quantities, specifications, and delivery schedules which facilitate the participation of Indian firms; (ii).a statement indicating the preference will be given to Indian organizations and Indian-owned economic enterprises in accordance with Section 7(b) of Public Law 93-638; (88 Stat. 2205; 25 U.S.C. 450e(b)); (iii).definitions for the "Indian organization" and "Indian-owned economic enterprise" as prescribed under the "Indian Preference -- Department of the Interior" clause of this contract; (iv) a representation to be completed by the bidder or offeror that it is an Indian organization or Indian owned economic enterprise.

1452.280-2 NOTICE OF INDIAN ECONOMIC ENTERPRISE SET-ASIDE JULY 2013

Definitions as used in this clause.

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

Indian Economic Enterprise means any business activity owned by one or more Indians or Indian Tribes that is established for the purpose of profit, provided that:

(i) The combined Indian or Indian Tribe ownership shall constitute not less than 51 percent of the enterprise; (ii) the Indians or Indian Tribes shall, together, receive at least a majority of the earnings from the contract; and (iii) the management and daily business operations of an Indian economic enterprise must be controlled by one or more individuals who are members of an Indian Tribe. To ensure actual control over the enterprise, the individuals must possess requisite management or technical capabilities directly related to the primary industry in which the enterprise conducts business. The enterprise must meet these requirements throughout the following time periods:

(1) At the time an offer is made in response to a written solicitation;

(2) At the time of contract award; and,

(3) During the full term of the contract.

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

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

(b) General.

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

(2) BIA 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;

(2) A description of the source of human resources for the work to be performed by the offeror;

(3) A description of the method(s) of recruiting and training Indian employees, indicating the extent of soliciting employment of Indian persons, as required by DIAR 1452.226-70, Indian Preference, or DIAR 1452.226-71, Indian Preference Program, clause(s);

(4) A description of how subcontractors (if any) will be selected in compliance with the “Indian Preference” or “Indian Preference Program” clause(s);

(5) The names, addresses, and descriptions of work to be performed by Indian persons or economic enterprises being considered for subcontracts (if any) and the percentage of the total direct project work/costs they would be performing;

(6) Qualifications of the key personnel (if any) that will be assigned to the contract; and

(7) A description of method(s) for compliance with any supplemental Tribal employment preference requirements, if contained in this solicitation.

(d) Required Assurance. The offeror must provide written assurance to the Indian Affairs that it will comply, or has, complied fully with the requirements of this clause. It must do this before Indian Affairs awards the Buy Indian contract, and upon successful and timely completion of the contract, but before the Indian Affairs Contracting Officer (CO) accepts the work or product.

(e) Non-responsiveness. Failure to provide the information required by paragraphs (c) and (d) of this clause may cause Indian Affairs to find an offer non-responsive and to reject it.

(f) Eligibility.

(1) Participation in the Mentor-Protégé 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.

(2) If a contractor no longer meets the definition of an Indian economic enterprise after award, the contractor must notify the CO 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. Failure to give the CO immediate written notification means that: (i) The economic enterprise may be declared ineligible for future contract awards under this part; and (ii) Indian Affairs may consider termination for default if it is in the best interest of the government.

(End of clause)

1452.280-3 SUBCONTRACTING LIMITATIONS JULY 2013

A contractor shall not subcontract to other than responsible Indian economic enterprises more than 50 percent of the subcontracted work when the prime contract was awarded under the Buy Indian Act. For this purpose, work to be performed does not include the provision of materials, supplies, or equipment. As prescribed in 1480.601(b), insert the following clause in each written solicitation or contract to provide supplies, services, or covered construction:

(a) Definitions as used in this clause.

(1) Concern means any business entity organized for profit (even if its ownership is in the hands of a nonprofit 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, material 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 19.101) any business entity, whether organized for profit or not, and any foreign business entity, i.e., any entity located outside the United States and 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. Of the work subcontracted, no more than 50 percent may be subcontracted to a concern other than a responsible Indian economic enterprise.

(c) Indian Preference. Regardless of the contract type for services, supplies, or covered construction, the contractor agrees to give preference to Indian organizations and Indian owned economic enterprises in awarding subcontracts under this contract in accordance with DIAR 1452.226-71, Indian Preference.

(d) Cooperation. The contractor must:

(1) 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, services, and construction awarded under this contract.

(End of clause)

1452.280-4 INDIAN ECONOMIC ENTERPRISE REPRESETATION JULY 2013

As prescribed in 1480.801(a), insert the following provision in each written solicitation for supplies, services, or covered construction:

The offeror represents as part of its offer that it [X] does [ ] does not meet the definition of Indian economic enterprise as defined in 1480.201.

[End of provision]

This space is intentionally left vacant.

1452.237-70

INFORMATION COLLECTION JULY 1996

If performance of this contract requires the contractor to collect information on identical items from ten or more public respondents, no action shall be taken or funds expended in the solicitation or collection of such information until the contractor has received from the Contracting Officer written notification that approval has been obtained from the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980. The Contractor agrees to provide all information requested by the Contracting Officer which is necessary to obtain approval from OMB.

(End…