Attachment_1_140A2322R0029_Terms_and_Conditions_05252022_0002.pdf

Contents

SECTION B – PRICE SCHEDULE

B1. PRICE SCHEDULE

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C1. STATEMENT OF WORK (SOW)

SECTION D – PACKAGING AND MARKING

D1. PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

E1. 52.252-02 CLAUSES INCORPORATED BY REFERENCE FEB 1998

E2. DAILY REPORTING REQUIREMENT

E3. FINAL INSPECTION

SECTION F -- DELIVERIES OR PERFORMANCE

F1. 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK APRIL 1984

F2. 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION SEP 2000

F3. 52.211-13 TIME EXTENSIONS SEP 2000

F4. 52.211-18 VARIATION IN ESTIMATED QUANTITY APR 1984

F5. 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

F6. 52.242-14 SUSPENSION OF WORK APR 1984

F7. ASSESSMENT AND APPORTIONMENT OF LIQUIDATED DAMAGES

F8. NOTICE OF DELAY

F9. RECYCLING AND DISPOSAL OF REFUSE

SECTION G – CONTRACT ADMINISTATION DATA

G1. 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

G2. CONTRACT ADMINISTRATION GOVERNMENT

G3. CONTRACT ADMINISTRATION – CONTRACTOR

G4. CONTRACTING OFFICER'S REPRESENTATIVE

G5. INVOICE AND PAYMENT

G6. INSTRUCTIONS FOR SUBMITTING MATERIAL APPROVALS

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H1. TRIBAL TAXES, REQUIREMENTS AND/OR RESTRICTIONS:

H2. DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT

H3. WORK OUTSIDE REGULAR WORK HOURS

H4. 1452.228-70 Liability Insurance (JUL 1996)

H5. TIME FOR SUBMISSION OF EVIDENCE OF INSURANCE

H6. VOLATILE ORGANIC COMPOUNDS (VOC) COMPLIANCE PLAN

H7. WAGE RATES

H8. CERTIFICATION OF PAYMENTS-RELEASE OF CLAIM

H9. SUBCONTRACT DATA

H10. CONTRACTOR SECURITY REQUIREMENTS

H11. REAL ID ACT OF 2005

H12. TEMPORARY FACILITIES

H13. EXISTING UTILITIES

H14. DIFFERING SITE CONDITION NOTICE

H15. DOCUMENTATION OF PROPOSALS FOR EQUITABLE ADJUSTMENTS

H16. NON-COMPLIANCE WITH CONTRACT REQUIREMENTS

H17. COVID-19 GUIDELINES

H18. BACKGROUND INVESTIGATION

H19. REMOVAL OF PERSONNEL

Part II - Contract Clauses

SECTION I – CONTRACT CLAUSES

I1. 52.252-02 CLAUSES INCORPORATED BY REFERENCE FEB 1998

CLAUSES INCORPORATED BY FULL TEXT

I2. 52.225-9 BUY AMERICAN–CONSTRUCTION MATERIALS (Nov 2021)

I3. 52.236-21 Specifications and Drawings for Construction. (ALT 1 APR 1984)

Part III - List of Documents, Exhibits, and Other Attachments

SECTION J LIST OF ATTACHMENTS

Part IV - Representations and Instructions

SECTION K REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

K1. 52.252-01 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEB 1998

K2. 52.204-8 Annual Representations and Certifications (Jan 2022)

K3. 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

K4. 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999)

K5. 52.225-10 Notice of Buy American Requirement-Construction Materials MAY 2014

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

L1. 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEB 1998

L2. SOLICITATION PROVISIONS IN FULL TEXT

L3. 52.216-1 Type of Contract APR 1984

L4. 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. May 2014

L5. 52.233-2 Service Of Protest SEP 2006

L6. DIAR 1452.233-2 Service of Protest Department of the Interior (JUL 1996) (Deviation)

L7. INSTRUCTION TO OFFERORS:

GENERAL INFORMATION

SECTION M – EVALUATION FACTORS FOR AWARD

M1. Basis for Contract Award:

SECTION B – PRICE SCHEDULE

B1. PRICE SCHEDULE

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Contractor is required to furnish all labor, supervision, transportation, tools, and materials remove and replace the irrigation system of the Tuba City Boarding School Football Field in accordance with the statement of work.

1.00 JB _____________ ______________

Project Location:

Tuba City Boarding School 306 Main St.

Tuba City, AZ 86045

Subtotal: $_________ Bonding: $_________ Tribal Taxes As Required: $_________ All State Taxes (as applicable): $_________

Grand Total $_________

END OF SECTION B – PRICE SCHEDULE

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C1. STATEMENT OF WORK (SOW)

Tuba City Boarding School Tuba City, Arizona - Coconino County Arizona

Grounds/Football Field

Installation of Irrigation/Sprinkler System

Overview

The requirement is for the removal and replacement of Irrigation/Sprinkler system of the Tuba City Boarding School Football Field.

The work is to remove the current irrigation/sprinkler system and install a new replacement system to include leveling of the resulting field and the installation of new sod. The playing field shall be leveled to meet required codes. Project shall comply with current Bureau of Indian Affairs Design Handbook and Energy Savings Requirement.

General Information:

The Irrigation/Sprinkler and leveling of field Project is located on the Navajo Reservation. Tuba City Boarding School is a K-8 School, located at 306 Main Street in Tuba City, Arizona, Coconino County.

Project includes ALL schematic design and construction services necessary to provide a complete, water efficient, fully functional, and operational irrigation system for the area described in the attached photos below. The project includes the demolition, removal and disposal of the old irrigation system, installation of the new irrigation system, leveling of the ground in accordance with the required codes and regulations and replacement of the sod for the entire area identified.

The football field is located north of TCBS campus and is approximately 88,502 SF. The measurement includes the additional areas on the sideline and past the endzones. (See attached photo) This area shall be field verified by contractor personnel and is considered approximate.

No Alcohol, drugs, or tobacco products is allowed on TCBS Campus

The Contractor will be responsible for the safety of the site location which may include installation fencing and barricades as well as signage to warn employees and the public of the on-going repair/installation work.

Statement of Work:

• Contractor shall replace the existing Irrigation/ Sprinkler system with a new system, this is a like for like replacement. Upon completion of the installation of new irrigation system the field shall be leveled, and sod installed.

• Contractor shall provide equipment specifications, equipment/shop drawings and schematics, submittals, and all other necessary work to properly size and install

Irrigation/Sprinkler System and leveling of field. This includes all related calculations relating to the water pressures within the system to ensure proper zone/coverage.

• Contractor shall produce schematic drawings indicating locations of drainage, piping, motors, sprinkler heads, thermostats, valves, and all other pertinent parts of an

Irrigation/Sprinkler System.

• All Materials are to be supplied and installed by the Contractor. They shall be new and in perfect operating condition.

• Manufacturer to provide 1 year equipment warranty.

• Contractor shall be responsible to identify (Blue Stake) all utilities, overhead and underground lines, before any construction can commence.

• Contractor in coordination with the school shall prepare site designated area with groundwork, of which includes excavation, and grading site in providing a clean substrate.

• Contractor is responsible for cleanup after each day. Remove all debris onsite during the duration of this project. The contractor bears all responsibility and all associated or related costs with the removal and disposal of all debris from properties of the United

States Government.

• Contractor shall provide a copy of the manifest for the disposal of all debris to the Tuba

City Boarding School Facility office for environmental records.

Mobilization:

• Awarded contractor shall provide all labor, materials, equipment, supervision, transportation, and all other services to complete project in full.

Contractor shall be responsible for mobilization cost of materials, equipment, office trailer, storage bins and other construction items that need transporting to project site before starting up.

Security Background Clearance:

A background check approval is required from B.I.A. Security before any work is started for this project to commence. All workers are required to wear badges during regular work hours.

All workers must wear masks while on campus and during work hours. The Jobsite

Superintendent shall report to the school's front office each day to indicate number of workers on site and provide daily work schedule.

Code Requirements:

The following codes, handbooks, regulatory agency requirements and all other applicable codes shall apply to this project.

International Plumbing Code

National Electric Code

American Disability Act Code

EPA Code of Regulations

Navajo Nation EPA

OSHA Requirements

Government, State & Local Code

DELIVERY REQUIREMENTS:

i. Produce and deliver construction shop drawings of the equipment and its locations.

ii. Produce and equipment schedule for all equipment installed, identifying part numbers and the number of pieces each.

iii. Provide a schedule which will identify outage requirements, and project specifications) suitable for BIE design approval and for permitting and construction purposes.

iv. Project permitting, when required.

v. Administrative services during construction including coordination of product submittals, reviews, and approvals, and coordinating and documenting weekly project status meetings.

vi. Construct the project in an efficient, code-compliant manner that fully meets the project’s performance, cost, and time-line objectives.

vii. Conduct construction activities during regular 8-to-5 business hours except when work requires water or electric outages to BIE facilities. Work requiring water or electric outages will be completed outside of regular business hours and must be coordinated and approved by the COR at least 2 weeks in advance of the work being performed.

viii. Coordinate all trades, subcontractors, and equipment vendor personnel on the project.

ix. Purchase and manage the delivery and staging of construction material.

x. Provide on-going construction status and completion updates in coordination with the

COR.

xi. Coordinate with the COR for project inspectors for scheduling outages that impact the campus personnel.

xii. Demonstrate fully functional systems to the COR.

xiii. Provide Operations and Maintenance materials for all systems installed.

xiv. Provide 2-hour user training on all systems installed.

Period of Performance:

Period of Performance will be 273 calendar days from Notice to Proceed.

Drawing Distribution: Two (2) Sets of schematic shop drawings and equipment schedule(s) shall be distributed to the following individuals:

1. LeRoy Begay, COR Arizona Navajo North - Facility Management Office PO Box 36 Highway 160 & Warrior Drive

2. Ed Folgheraiter, TCBS Facility Manager Tuba City Boarding School PO Box 187

3. Don Coffland, Principal, Tuba City Boarding School 306 Main Street

Construction Progress Meetings The Construction Contractor must conduct regular progress meetings no less than biweekly during construction. The Contractor’s project manager and construction superintendent must attend each meeting. The Contractor must provide a meeting agenda no less than one day before each meeting and provide meeting minutes no more than three days after each meeting.

Debris Disposal/Demolition:

The Contractor shall remove all debris generated by of caused by the demolition work in this contract. The Contractor bears all responsibility and all associated or related costs with the removal and disposal of all debris from properties of the United States Government. The Contractor is required to comply with applicable Environmental Protection Agency (EPA), Federal, State, and local Government laws, policies and regulations while engaged in the removal and disposal debris. The Contractor shall transport the debris off the boundaries of the Navajo Reservation to an approved EPA landfill. The Government is not responsible in any way, financially or otherwise, for the success or failure of arrangements for disposal of debris between the Contractor and other parties.

Navajo Nation and State Taxes:

The Contractor is responsible and required to pay Navajo Nation Tribal Tax, which is equal to 6 percent of their total bid amount. In addition, the Contractor is responsible for all local and state gross taxes.

Certified Weekly Payrolls:

The Contractor is required to submit weekly-certified payroll to the Government for the term of the project.

1/21/22, 2:35 PM Tuba City Boarding School - Google Maps

Measure Estimated Distance

Total area: 88,501.72 ft2 (8,222.08 m2

Total distance: 1,253.62 ft (382.10 m)

END OF SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D – PACKAGING AND MARKING

D1. PACKAGING AND MARKING

A. All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the Government. Preservation, packaging, and packing shall be in accordance with standard practices for commercial packaging.

B. Government personnel are not authorized to accept deliveries for the contractor, nor are they responsible for off-loading shipments. A contractor representative must be present to accept deliveries.

END OF SECTION D – PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

E1. 52.252-02 CLAUSES INCORPORATED BY REFERENCE FEB 1998

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 address: https://www.acquisition.gov/far and https://www.acquisition.gov/diar

CLAUSES TITLE DATE

52.246-12 Inspection of Construction AUG 1996

E2. DAILY REPORTING REQUIREMENT

The Contractor shall prepare and file a "Contractor's Daily Report", for each day of contract performance.

Description must include contract number and work being performed. These reports shall be delivered to, or if directed, mailed to the Contracting Officer’s Representative on Fridays. The daily report shall include the name of Contractors and Subcontractors on-site, the number of workers and their labor categories employed on-site, the work being performed, the type of equipment on-site, any change order work being performed, and whether the work being performed is on schedule. Reports shall be numbered, dated and signed by the Contractor or his Project Manager. Failure to submit the daily reports could result in payments being withheld until such time as all daily reports are current.

E3. FINAL INSPECTION

A. Contractor Self-Inspection. Prior to the completion date, the Contractor’s Quality Control Manager shall conduct a self-inspection of the site and document all items needing correction by means of a punch list. The corrected punch list shall be provided to the Contracting Officer’s Representative at the same time the pre-final inspection is requested. All punch list items must be corrected prior to requesting the pre-final inspection.

B. The Contractor and the Contracting Officer’s Representative will jointly conduct a pre-final inspection prior to requesting a final inspection. Any item needing correction shall be noted on the Pre-Final Inspection Punch List. Any discrepancies noted will be corrected prior to any final inspection. The Contracting Officer Representative may schedule more than one pre-final inspection if he determines it necessary.

C. When the Contractor is ready for final inspection, he will request final inspection in writing to the Contracting

Officer and Contracting Officer’s Representative (COR). A copy of the Pre-Final Punch List shall be attached to this request with the corrective action taken noted. The final inspection will be requested at least 48 hours before the desired date.

D. The final inspection shall be performed with the Contractor by the COR, Contracting Officer, Safety Officer, and representatives of the using activity. Any discrepancies noted will be corrected within the time specified in the contract for the completion of work.

1. Prior to close-out and final payment of the contract, the following are required:

2. All submittals; to be submitted as required by the contract and may include product submittals, as-built drawings, manuals, etc.

3. All warranties; to be submitted with the request for Final Inspection.

4. Contractor’s Release; to be submitted with the Contractor’s final invoice.

END OF SECTION E – INSPECTION AND ACCEPTANCE

SECTION F -- DELIVERIES OR PERFORMANCE

F1. 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK APRIL 1984

The Contractor shall be required to (a) commence work under this contract receipt within (5) days of the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than one hundred twelve (127) calendar days. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F2. 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION SEP 2000

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $131.93 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

F3. 52.211-13 TIME EXTENSIONS SEP 2000

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

(End of Clause)

F4. 52.211-18 VARIATION IN ESTIMATED QUANTITY APR 1984

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract.

Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

(End of Clause)

F5. 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer.

If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the

Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

(End of Clause)

F6. 52.242-14 SUSPENSION OF WORK APR 1984

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed--

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of Clause)

F7. ASSESSMENT AND APPORTIONMENT OF LIQUIDATED DAMAGES

Liquidated damages will be assessed from the completion date indicated in the contract or extensions thereof to the date of substantial completion as actually achieved by the Contractor, as determined by the Contracting Officer.

F8. NOTICE OF DELAY

If the Contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause or are causing delays which the Contractor believes may result in late completion of the project, the Contractor shall notify the Contracting Officer. The Contractor’s notice shall state the effect, if any, of such change or other conditions upon the approved schedule, and shall state in what respects, if any, the relevant schedule, or the completion date should be revised. The Contractor shall give this notice not more than three (3) days after the first event-giving rise to the delay or prospective delay. Only the Contracting Officer may revise the approved time schedule.

F9. RECYCLING AND DISPOSAL OF REFUSE

With the exception of materials specifically indicated or specified to be salvaged for reuse in construction, or turned over to the Government, all refuse, excess or waste materials resulting from construction operations shall become the property of the Contractor and shall be recycled and/or disposed of off Government property. All disposals shall be done in accordance with federal, state, and local laws and regulations.

(End of Local Clause)

END OF SECTION F – DELIVERIES OR PERFORMANCE

SECTION G – CONTRACT ADMINISTATION DATA

G1. 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

(a) The Contracting Officer 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 Contracting Officer will designate a Contracting Officer's Representative (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 Contractor. 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 Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor 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 Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer 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 Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

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

(End of clause)

G2. CONTRACT ADMINISTRATION GOVERNMENT

All administrative questions shall be directed to the below:

Matthew Lucas, Contract Specialist, 1011 Indian School Rd NW Albuquerque, NM 87104 Phone: 941-304-2333 Email: matthew.lucas@bie.edu

G3. CONTRACT ADMINISTRATION – CONTRACTOR

Designate a person whom the Government may contact during the period of the contract for prompt action on matters pertaining to the administration of the contract. Authorized Administrator is:

Company Name: ______________ Point of Contact: ______________ Email: ______________ Address: ______________ Telephone Number: ______________

G4. CONTRACTING OFFICER'S REPRESENTATIVE

A. The Contracting Officer shall designate a Contracting Officer's Representative (COR) who will represent the Contracting Officer in the technical phase of the work. The COR's duties, responsibilities, and limitations of authority will be set forth in a written COR designation letter. A copy of the COR designation letter will be made available to the Contractor.

B. The COR is not authorized to make any changes to the terms and conditions of this contract. Only the Contracting Officer is authorized to make any changes to the contract by a properly written signed modification to the contract.

C. The Contracting Officer is the only official who can legally commit or obligate the Government for expenditure of public funds.

G5. INVOICE AND PAYMENT

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

Payment requests must be submitted electronically through the U.S. Department of the Treasury's Invoice Processing Platform system (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 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: A copy of the contractor’s invoice shall be included with the IPP invoice. If no invoice is attached, the Invoice will be rejected.

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.

G6. INSTRUCTIONS FOR SUBMITTING MATERIAL APPROVALS

Submittals must be provided in sufficient time and in such sequence to avoid delays in the work. Test reports and certifications shall be submitted and approved prior to payment for the applicable item. Corrected O&M Manuals must be received by the Government prior to the Final Inspection. Materials, samples, drawings, etc., shall be submitted on the Government provided form.

END OF SECTION G – CONTRACT ADMINISTATION DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H1. TRIBAL TAXES, REQUIREMENTS AND/OR RESTRICTIONS:

a. Special attention is called to FAR Clause 52.236-7, Permits and Responsibilities and FAR Clause 52.229-3, Federal, State, and Local Taxes. Offerors are responsible for contacting the tribe or tribal organization involved with regard to any requirements regarding tribal taxes, royalties and/or other applicable tribal laws or ordinances. Any costs associated with this section shall be included in the contractor's quote.

H2. DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT

All designs, drawings, specifications, notes and other works developed in the performance of this contract shall become the sole property of the Government and may be used on any other design or construction without additional compensation to the Contractor. The Government shall be considered the "person for whom the work was prepared" for the purpose of authorship in any copyrightable work under 17 U.S.C. 201(b). With respect thereto, the Contractor agrees not to assert or authorize others to assert any rights nor establish any claim under the design patent or copyright laws.

H3. WORK OUTSIDE REGULAR WORK HOURS

If the contractor desires to perform work under this contract outside regular work hours or on Saturdays, Sundays or holidays, he shall apply, in writing, to the Contracting Officer no less than 10 calendar days prior to the planned start of such work. Regular work hours are, for the purpose of this clause, those hours the activity or Command where the work is to be performed normally works on a day-by-day basis. Application by the Contractor does not imply consent by the Government. Each application will be considered, and a decision made, on the potential benefit of permitting such work. Approval of a Contractor's application under this clause will be, unless otherwise agreed in writing, at no additional cost to the Government.

H4. 1452.228-70 Liability Insurance (JUL 1996)

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:

Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

General Liability: $500,000.00 per occurrences.

Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

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.

H5. TIME FOR SUBMISSION OF EVIDENCE OF INSURANCE

The Contractor shall provide evidence of the insurance required under this contract within ten (10) days after contract award. Failure to timely submit this evidence, in a form acceptable to the Contracting Officer, may result in rescinding or termination of the contract by the Government.

H6. VOLATILE ORGANIC COMPOUNDS (VOC) COMPLIANCE PLAN

a) Contractor's are required to comply with local VOC laws and regulations and shall have an acceptable VOC compliance plan. The plan shall demonstrate that the use of paints, solvents, adhesives and cleaners comply with local VOC laws and regulations governing VOC materials, and that all required permits have been obtained or will be obtained prior to starting work involving VOC's, in the air quality district in which the work will be performed.

b) The compliance plan shall be submitted by the Contractor to the Contracting Officer within five (5) calendar days after receipt of contract, and prior to the use of any "VOC" materials on the project site. The Government will approve or disapprove the Contractor's compliance plan within five calendar days after receipt. Should the Government reject the compliance plan, the Contractor shall resubmit a revised compliance plan within three calendar days after receipt of the rejection notification. Failure on the part of the Contractor to submit an acceptable "VOC" plan, shall not be grounds for a time extension to the performance period.

c) An acceptable compliance plan shall contain, as a minimum:

d) A listing of each material subject to restrictions in the air quality management district in question;

e) The rule governing its use;

f) A description of the actions which the Contractor will use to comply with the laws and regulations, and plans to report to the Contracting Officer any changes in the status of compliance during the life of the contract.

g) Alternatively, if no materials are subject to the restrictions in the air quality management district where the work will be performed, or if there are no restrictions, the compliance plan shall so state.

H7. WAGE RATES

Applicable Construction Wage Rate Requirements are in effect at the time of contract and will apply. If crafts or trades are required in the performance of this project for which no wage is listed in the Department of Labor Wage Decision, the Contracting Officer shall be notified in writing.

H8. CERTIFICATION OF PAYMENTS-RELEASE OF CLAIM

The Contractor, prior to receiving a progress or final payment under this contract, shall submit to the Contracting Officer a certification that the Contractor has made payment from proceeds of prior payments, or that he will make timely payment from the proceeds of the progress or final payment then due him, to his subcontractors and suppliers in accordance with his contractual arrangements. The Contractor shall submit to the Contracting Officer, together with his request for final payment, a properly executed Contractor's Release form. Failure to submit this completed release shall result in delay of final payment.

H9. SUBCONTRACT DATA

The Contractor shall submit an executed Statement and Acknowledgment Standard Form 1413, to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be done before the subcontractor begins work. This form provides an acknowledgment by the subcontractor that mandatory "flow-down" contract clauses have been included in his contract in accordance with FAR Clause 52.222-11. The Prime Contractors will be given copies of Form SF 1413 after award of a contract. Completing this form creates no contractual relationship between subcontractors and the Government.

H10. CONTRACTOR SECURITY REQUIREMENTS

At the Pre-construction Conference [or prior to beginning work on the contract], the Contractor shall provide a list of all on-site personnel, including sub-contractors (including second and third-tier subcontractors) and suppliers, to the Contracting Officer. The contractor shall update this list when changes occur. Contractor personnel not listed may be denied access to the facility. Contractor personnel will be restricted to designated working areas. Any personnel violating this policy may lose access to the facility. Contractor personnel shall have photo identification at all times while working on BIE facilities. Contractors shall provide the COR with 24 hours of advance notice of every delivery to the site (e.g., concrete, lumber, etc...) and provide the company name, delivery person, and phone number of the firm(s) making deliveries. Otherwise access to the BIA facility may be denied. Special security provisions may apply to some requirements. Employees may be required to submit to a background check and be United States citizens.

H11. REAL ID ACT OF 2005

The Real ID Act of 2005 established minimum security standards for license issuance and production and prohibits Federal agencies from accepting for certain purposes driver's licenses and identification cards from states not meeting the Act's minimum standards. To this purpose there are five states that are not in compliance with the Act nor have they received an extension to come into compliance with the act. Those states are Illinois, Minnesota, Missouri, New Mexico and Washington State. Anyone under this contract, to include subcontractors, who holds a driver's license from any of states without approved licenses and require access to a BIE facility will be required to provide identification other than a driver's license to gain access. It is the responsibility of the Contractor to ensure that they are in accordance with the Real ID Act and any other requirements for base access. For the states of Washington and Minnesota an enhanced driver's license is acceptable to gain access. Other forms of identification that are acceptable for BIE facility access are included as an attachment to this modification.

Further information on the Real ID Act can be found here: http://www.dhs.gov/real-id-enforcement-brief#

H12. TEMPORARY FACILITIES

(a) STORAGE: The location for exterior stock piling of materials shall be arranged by the COR and

Project Manager. The Contractor shall be responsible for protecting materials stockpiled against weather, damage, theft, and other risks of loss. The BIA assumes no responsibility for material or equipment left in the storage area.

(b) SANITARY FACILITIES: Toilet facilities may be available for Contractor use. The Contractor shall ensure the facilities remain clean. Contractors may be required to provide toilet facilities at some sites.

(c) WATER AND ELECTRICITY: Water and 120V electricity may be available at no cost to the Contractor. Should water and electricity be available contractor, the Contractor will bear connection costs. Cost of these utility connections and disconnections is the responsibility of the Contractor.

H13. EXISTING UTILITIES

Utility locations when shown are approximate. The contractor shall field verify all utility locations before digging or trenching. This shall include but not be limited to the use of sonic, electronic or magnetic detection devices, by noting pull box and utility box locations at the surface, and by potholing. Contractor shall be responsible for repairing any utilities damaged during construction at no additional cost to the Government.

H14. DIFFERING SITE CONDITION NOTICE

The Contractor shall provide written notice to the Contracting Officer of a differing site condition within 1 day of occurrence following FAR 52.236-2, Differing Site Conditions.

H15. DOCUMENTATION OF PROPOSALS FOR EQUITABLE ADJUSTMENTS

a. ITEMIZATION OF PROPOSALS AND REQUESTS. The Contractor shall submit any request for equitable adjustment in the contract price, including any change proposal submitted in accordance with the Changes and Changed Conditions (52.243-5) clause, in the form of a lump sum proposal supported with an itemized breakdown of all increases and decreases in the contract price in the detail required by the Contracting Officer, The request shall include all costs and delays related to or arising out of the change or event giving rise to the proposed adjustment, including any delay damages and additional overhead costs.

b. PROPOSED TIME ADJUSTMENTS. The Contractor shall submit a proposed time extension (if applicable) with any request for an equitable adjustment or change proposal. The request shall include sufficient information to demonstrate whether and to what extent the change will delay the completion of the contract.

c. RELEASE BY CONTRACTOR. The price and time adjustment made in any contract modification issued as a result of a change proposal or request for an equitable adjustment shall be considered to account for all items affected by the change or other circumstances giving rise to an equitable adjustment. Upon issuance of such contract modification, the Government shall be released from any and all liability under this contract for further equitable adjustments attributable to the facts and circumstances giving rise to the change proposal or request for equitable adjustment.

H16. NON-COMPLIANCE WITH CONTRACT REQUIREMENTS

If the Contractor, after receiving written notice from the Contracting Officer of noncompliance with any requirement of this contract, fails to initiate promptly appropriate action(s) to bring performance/work into compliance with a contract requirement within a reasonable period of time, the Contracting Officer shall have the right to order the Contractor to suspend any or all work under the contract. This order shall be in force until the Contractor has complied or has initiated such action as may be appropriate to comply within a reasonable period of time. The Contractor will not be entitled to any extension of contract time or payment for any costs incurred as a result of being ordered to suspend work for such a cause.

H17. COVID-19 GUIDELINES

The following guidelines will be adhered to at the BIE School as preventive health strategy in response to the COVID-19 health pandemic. These guidelines are based on the Centers for Disease Control and Prevention (CDC) and Occupational Safety and Health Administration (OSHA) best practices to minimize risk of coronavirus transmission as employees return to the workplace.

(a) COVID Symptoms. Any Contractor personnel, employees, subcontractors, partners, or workers who are experiencing symptoms of COVID-19, including but not limited to cough, shortness of breath or difficulty breathing, fever, chills, muscle pain, sore throat, new loss of taste or smell should not report to work.

Employees may be allowed to return to work after 14 days of having no symptoms. Contractor’s project managers and site superintendents are responsible to monitor employees for symptoms before and during work and follow appropriate precautions in accordance with CDC Guidance –Safety Practices for Critical Infrastructure Workers. https://www.cdc.gov/coronavirus/2019-ncov/community/critical-workers/implementing-safety-practices.html. If a contractor’s employee is unsure if they are sick, they should consult their supervisor. Visitors exhibiting or reporting COVID-19 symptoms (i.e., cough or shortness of breath or difficulty breathing fever, chills, muscle pain, sore throat, new loss of taste or smell) should be encouraged through notice and signage to leave the facility and reschedule their meeting/visit for a future time when they are in good health.

(b) Face Covers. Contractor personnel are required to wear cloth face coverings while onsite. Cloth face coverings may prevent people who do not know they have the virus from transmitting it to others. CDC does not recommend the general public wear surgical masks or N-95 respirators to protect themselves from respiratory diseases, including coronavirus (COVID-19). N-95s and other filtering face piece respirators should continue to be reserved for those at increased risk of exposure including health care workers and other medical first responders, as recommended by current CDC guidance and a job hazard analysis.

Appropriate Personal Protective Equipment (PPE). Cloth face coverings are not respirators and are not appropriate substitutes where filtering face piece respirators are required. Employees who are performing tasks at elevated risk requiring respirators as identified through the job hazards analysis will be provided with the appropriate Personal Protective Equipment (PPE) to perform their jobs safely.

(c) Social Distancing. The CDC guidance includes a primary objective of disease mitigation through good hygiene, staying home when sick, and social distancing. Social distancing is a set of actions taken to stop or slow the spread of a highly contagious disease. The CDC has determined that social distancing is an essential step in preventing the spread of COVID-19. The goal of social distancing is to limit face-to-face contact to decrease the spread of illness among people in community settings. Employees should practice social distancing by putting space (currently six feet) between themselves and others. Visitors that exceed the maximum occupancy for the space should not enter the space. Any waiting area should also be structured to limit aggregation of people to avoid crowding and maintain social distancing. Waiting areas should have suitable floor markings to facilitate social distancing.

(d) Hygiene. Contractors will have an overall cleaning schedule that is consistent with CDC cleaning recommendations including using Environmental Protection Agency (EPA) recommended cleaning and disinfecting solutions (https://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-facility.html). Additionally, the Contractor shall encourage and support frequent hand washing, hand sanitizing and wiping down of surfaces in high traffic, shared spaces (e.g., elevator lobbies, community desk, pantry, nooks, meeting rooms, restrooms, phone booths). Workstation configurations and schedules should accommodate simplified cleaning measures wherever possible.

H18. BACKGROUND INVESTIGATION

In accordance with 25 U.S.C. § 3201 et seq. (Pub. L. 101-630), the Indian Child Protection and Family Violence Prevention Act; 34 U.C.C. § 20351, et seq. (Pub. L. 101-647), the Crime Control Act of 1990, as amended; and 441 Departmental Manual, Personnel Security and Suitability Requirements, all positions with duties and responsibilities involving regular contact with or control over Indian children are subject to a background investigation and determination of suitability for employment.

Accordingly, all such positions require a favorable background screening by the Bureau of Indian Education (BIE), Personnel Security and Suitability Program and a favorable background investigation by the Defense Counterintelligence Service Agency (DCSA). The documentation required to initiate a background investigation shall be completed for any Contractor employee that will be onsite during the contract’s performance or have access to Personally Identifiable Information (PII).