Sol_140A2323Q0039_Amd_0001.pdf

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1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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Albuquerque NM 87104 Suite 352A 1011 Indian School Rd.

Indian Education Acquisition Office

12/27/20220001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

12/27/2022

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

This amendment is issued to replace Solicitation 140A2323Q0039 to correct the page numbering of the solicitation.

Replace the Solicitation Number 140A2323Q0039 with the attached Solicitation Number

140A2323Q0039.

Period of Performance: 01/30/2023 to 01/29/2024

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Dawn Sekayumptewa

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

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SECTION E- INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION AUGUST1996

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture andfabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

( c) Government inspections and tests are for the sole benefit of the Government and do not-

(1) Relieve the Contractor ofresponsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

( d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

( e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and materialreasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer.

The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary.

The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work.

Special, full size, and performance tests shall be performed as described in the contract.

(±) The Contractor shall, without charge, replace or correct work found by the Government not to conformto contract requirements, unless in the public interest the Government consents to accept the work with anappropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may-

(1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction.

However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed,an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under anywarranty or guarantee.

SECTION F -- DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECTION, AND COMPLETION OF WORK APR1984

The Contractor shall be required to (a) commence work under this contract within on three (3) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than five (5) calendar days. The time stated for completion shall include final cleanup of the premises.

F.2 52.211-12 LIQUIDATED DAMAGES-CONSTRUCTION SEPTEMBER 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 $100.00 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.

F.3 52.211-18 VARIATION IN ESTIMATED QUANTITY APRIL 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.

F.4 52.236-01 PERFORMANCE OFWORKBYTHE CONTRACTOR APRIL 1984

The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifteen percent

(15%) of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the

Contracting Officer determines that the reduction would be to the advantage of the Government.

F.5 52.242-14 SUSPENSION OF WORK APRIL1984

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

SECTION G: CONTRACT ADMINISTATION

G.1 CONTRACT ADMINISTRATION - GOVERNMENTAll administrative questions shall be directed to:

(Please do not mail your solicitations, please email to the address below.)

Dawn Sekayumptewa, Contracting Officer BIB-Division of Acquisition Operations 1011 Indian School RD NW Albuquerque, New Mexico 87104 Telephone No.: (505) 359-9477 Email: dawn.sekayumptewa@bie.edu

G.2 CONTRACT ADMINISTRATION CONTRACTOR

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

Company Name:

POC:

Address:

Telephone No .. __ _

EMAIL.....,· _________ _

G.3 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 theGovernment for expenditure of public funds.

G.4 INVOICEAND PAYMENT

Electronic Invoicing and Payment Requirements- Invoice Processing Platform (IPP)

(April 2013)

Payment requests must be submitted electronically through the U.S. Department oftheTreasury's Invoice

Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable

Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions -

Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice

[CO to edit and include the documentation required under this contract]:

4 caizv a,fthe contractor's invoice shall he included with the IPP invoice, lfno invoice is attached, the Invoice will he rejected.

The Contractor must use the IPP website to register access and use IPP for submitting requests forpayment. 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) prior to the contract award date, but no more than}- 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 inwriting to the Contracting Officer with itsproposal or quotation.

(End of Local Clause)

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1 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 bid.

H.2 52.210.14Modification Proposal - Cost Breakdown

The Contractor, in connection with any proposal he makes for a contract modification, shall furnish a price breakdown, itemized as required by the Contracting Officer (CO). Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment, subcontract,and overhead costs, as well as profit, and shall cover all work involved in the modification, whether such work was deleted, added, or changed. Any amount claimed for subcontractors shall be supported by a similar price breakdown. In addition, if the proposal includes a time extension, a justification thereof shallalso be furnished. The proposal, together with the price breakdown and time extension justification, shall be furnished by the date specified by the

Contracting Officer.

H.3 POST AW ARD CONFERENCES - Firm Fixed Price Contracts

The Contracting Officer shall conduct monthly post award meetings with the contractor and the Contracting

Officer's Technical Representative (COTR). Discussions at these meetings will center on the contractor's performance to determine if the contractor is meeting and performing in accordance with the contract terms and conditions. The Contracting Officer will ensure that minutes of the meetings are taken, and copies provided to attendees.

H.4 Changes

The contractor shall not perform any of contingent sum work, until the Contracting Officer issues a modification authorizing performance of work in accordance with FAR clause 52.243-04, Changes and 52.243-

5, Changes and Changed Conditions.

The Contractor shall promptly notify the Contracting Officer, in writing, of subsurface or any physical conditions for those indicated in this contract or unknown physical conditions at the site before proceeding with the work.

The change orders request shall be forward to the Contracting Officer by memorandum outlining the need and justification for the change order. Upon receipt of the change order request the Contracting Officer will request a cost proposal from the Contractor. All cost proposal shall be in detail and itemized, showing price breakdown in sufficient detail to permit and analysis of cost for material, labor, equipment

, hours, taxes, insurance, bonds, overhead costs, profit, and complete description of work involved in the change order, including any time extension.

In an emergency situation, the Contracting Officer may grant a telephone approval, and immediately the

Contractor shall follow through by submitting a written cost proposal to the Contracting Officer. The

Contracting Officer will issue a contract modification to authorize the work for the "emergency".

H.5 Determination and Extension of Contract Time

The calendar days, stated under Section F.1-FAR 52.211-10, allowed for the performance of the contract is based upon the work to be performed and weather conditions that are normally anticipated inthe area that may prevent work. Request for time extensions because of weather conditions shall not be granted except in the case of unusually severe weather or "Act of Nature" unanticipated by this contract.

H.6 Contractor Safety Program Requirements

The Contractor shall establish a safety program, which is consistent of FAR Clause 52.236-13 and also shall include at a minimum the following requirements.

A. Safety Program Submittal: Within 10 days following the awarding of a contract, the Contractor shall submit in writing to the Contracting Officer a proposed comprehensive safety program for approval.

The Contractor's safety program shall detail policies, procedures and plans that will be implemented to ensure the safety and health of employees and visitors at the job site. The Contractor shall prepare a list of major hazards associated with the contract work and provide in the safety program means to minimize the hazards.

B. Pre-Construction Safety Meeting: Representative of the Contractor shall meet with the Contracting Officer's Representative and the Contracting Officer prior to the start of constructionto review the safety program and discuss implementation of the health and safety provisions pertinent to the work under this contract. The Contractor should be prepared to discuss, in detail, the measures to be taken to control the hazards associated with the major phases of the work under this contract. This meeting shall be devoted mainly to a discussion of the way the Contractor intends to administer the health and safety program, delegation of responsibility for implementing the program, and determination of what shall be presented in the written safety program.

C. Contractor Housekeeping Requirement: Good housekeeping, including provision and facilitiesfor routine scrap removal, shall be maintained in all areas within the Contractor's scope of operations. All garbage shall be stored and removed to an approved dumpsite as specified by the permitting Agency.

The construction yard( s) shall be restored to their natural condition or better as required by the permitting requirements and in accordance with Tribal, State, and Federal Law (i.e. applicable OSHA construction standards).

D. Contractor Contamination Requirement: Handling, storage, and disposal of toxic materials of any nature shall be carried out in a manner so as not to contaminate or pollute public and/or private property, water supplies, rivers, lakes, reservoirs, streams, or the atmosphere. Disposal of all materials, including waste, garbage, and sewage, shall comply with all local, tribal, state and federal regulations (i.e. Clean Air and Water Act).

H. 7 Payment to Contractor

See FAR Clause 52.232-27, Prompt Payment for Construction Contract. Payments to the Contractor shall be made within fourteen (14) calendar days after the CO approves each invoice. The Government will make payment according to the project schedule that is provided, and the percentage completed.

H.8 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.

H.9 DRAWINGS AND OTHER DATA TO BECOME PROPERTY OFGOVERNMENT

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.

H.10 REQUIRED INSURANCE

The contractor shall procure and maintain insurance for each task order during the entire period of performance consistent with FAR 52.228-5, DIAR 1452.228-70, and FAR 28.307, which states the following minimum amounts of liability:

(a) Workers' Compensation and Employer's Liability. Contractors are required to comply with applicable Federal and State worker's compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (See 28.305( c) for treatment of contracts subject to the Defense Base Act.)

(b) General Liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(c) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(d) Automobile Liability. The Contracting Officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H.11 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 cleanerscomply

The following guidelines will be adhered to at Southwestern Indian Polytechnic Institute 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.

H.20 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). The complete submittal of the background investigation paperwork to the BIA/BIE will be accomplished within 14 days after contract award for service contracts or, for construction contracts, before a Notice to Proceed (NTP) is issued by the Contracting Officer. Pending the successful completion of a background investigation by the BWBIE and/or DCSA, the Contractor who has been granted a favorable screening (applicant and suitability) determination must, at all times, remain within sight and under the supervision of a Government employee ( or other person designated by the Contracting Officer Representative (COR), who has successfully completed the background investigation. If an unfavorable screening (applicant and suitability) determination is made, an employee shall not be allowed onsite. If the Contractor's employees are found onsite, without the proper authorization, the employee will face legal liability and the Contractor may have their contract terminated for default. Additionally, the individual and/or the company who proposed to employ this individual may be determined to be non responsible if an unfavorable screening (applicant and suitability) determination is made and may be deemed ineligible for contract award. If an unfavorable final background investigation determination is made, the contract may be terminated and the employee in question shall not be authorized to provide service to the BIA/BIE if the services involve contact with or regular control over Indian children. It is solely the COR's responsibility to initiate background checks for all Contractors and their employees in the BIE BEARCUBS system, which includes but is not limited to appropriate investigative forms and/ or inquiries about their previous investigation; and, obtain a screening (applicant and suitability) determination, and subsequent final background investigation.

The Contracting Officer will consult with the COR when questions arise as to whether or not the scope of work of a contract requires background investigations for contractor personnel. If the Contracting Officer or COR believes the scope of work performed by contract personnel should not require a background investigation, the Personnel Security Officer will be contacted for concurrence and has the final authority to determine if background investigation(s) are required.

END OF SECTION H- SPECIAL CONTRACT REQUIREMENTS

SECTION I -- CONTRACT CLAUSES

I.1 52.252-02 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): https://www.arnet/far.gov

CLAUSES TITLE DATE

52.202-1 Definitions JUN2020

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY2014

52.203-6 Restrictions on Subcontractor Sales to the Government JUN2020

52.203-7 Anti-Kickback Procedures JUN2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity MAY2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY2014

52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV2021

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform JUN2020

Employees of Whistleblower Rights

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements and JAN2017

Statements

52.204-1 Approval of Contract DEC 1989

52.204-4 Printed or Copied Double- Sided on Recycled Paper MAY2011

52.204-10 Reporting Executive Compensation and First- Tier Subcontract Awards JUN2020

52.204-13 System for Award Management Maintenance OCT2018

52.204-14 Service Contract Reporting Requirement OCT2016

52.204-18 Commercial and Government Entity Code Maintenance AUG2020

52.204-19 Incorporation by Reference of Representations and Certifications DEC2014

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video NOV2021

Surveillance Services or Equipment

52.204-26 Prohibition on Contracting for Certain Telecommunications and Video Surveillance OCT2020

52.209-6 Protecting the Government's Interest When Subcontracting with ContractorsDebarred, NOV2021

Suspended, or Proposed for Debarment

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters OCT2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV2015

52.211-13 Time Extensions SEPT2000

52.211-18 Variation in Estimated Quantity APR 1984

52.215-1 Instructions to Offerors - Competitive Acquisition NOV2021

52.215-2 Audit and Records - Negotiation JUN2020

52.215-8 Order Precedence - Uniform Contract Format OCT 1997

52.215-10 Price Reduction for Defective Cost or Pricing Data AUG2011

52.215-11 Price Reduction for Defective Cost or Pricing Data - Modifications JUN2020

52.215-12 Subcontractor Certified Cost or Pricing Data JUN2020

52.215-13 Subcontractor Certified Cost or Pricing Data - Modifications JUN2020

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than CertifiedCost or NOV2021

Pricing Data - Modifications

52.219-6 Notice of Total Small Business Set- Aside NOV2020

52.219-8 Utilization of Small Business Concerns OCT2022

52.219-9 Small Business Subcontracting Plan NOV2021

52.219-14 Limitations on Subcontracting OCT2022

52.219-28 Post- Award Small Business Program Representation SEP 2021

52.222-1 Notice to the Government of Labor Disputes FEB 1997 52.222-3 Convict Labor JUNE2003 52.222-4 Contract Work Hours and Safety Standards- Overtime Compensation MAY2018

52.222-6 Construction Wage Rate Requirements AUG2018 52.222-7 Withholding of Funds MAY2014 52.222-8 Payrolls and Basic Records JULY2021 52.222-9 Apprentices and Trainees JULY2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontractors (Labor Standards) MAY2014 52.222-12 Contract Termination-Debarment MAY2014

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations MAY2014 52-222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY2014

52.222-21 Prohibition of Segregated Facilities APR2015

52.222-23 �otice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for FEB 1999 Construction

52.222-26 Equal Opportunity SEPT2016 52.222-27 Affirmative Action Compliance Requirements for Construction APR2015 52.222-35 Equal Opportunity for Veterans JUN2020 52.222-36 Affirmative Action for Workers with Disabilities JUN2020 52.222-37 Employment Reports on Veterans JUN2020 52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC2010 52.222-50 Combating Trafficking in Persons NOV2021 52.222-54 Employment Eligibility Verification NOV2021 52.222-55 Minimum Wages Under Executive Order 14026 JAN2022 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN2022 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts SEP2013

52.223-3 Hazardous Material Identification And Material Safety Data FEB2021 52.223-5 Pollution Prevention and Right to Know Information MAY2011

52.223-6 Drug-Free Workplace MAY2001

52.223-9 Estimate of Percentage of Recovered Materials Content for EPA Designated Items. MAY2008 52.223-10 Waste Reduction Program MAY2011

52.223-11 Ozone-Depleting Substance and High Global Warning Potential Hydrofluorocarbons JUNE2016 52.223-12 Maintenance, Service Repairs, or Disposal of Refrigeration Equipment and Air Conditioners JUNE2016 52.223-17 Affirmative Procurement of EPA- designated Items in Services and Construction Contracts AUG2018 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving JUN2020 52.225-13 Restriction on Certain Foreign Purchases FEB2021 52.226-1 Utilization of Indian Organizations and Indian- Owned Economic Enterprises JUNE2000 52.227-4 Patent Indemnity- Construction Contracts DEC2007 52.228-2 Additional Bond Security OCT 1997

52.228-5 Insurance - Work on a Government Installation JAN 1997 52.228-11 Individual Surety - Pledges of Assets FEB2021

52.228-12 Prospective Subcontractor Request for Bonds MAY2014

52.228-13 Alternatives Payment Protections JULY2000 52.229-3 Federal, State, and Local Taxes FEB2013

52.232-15 Progress Payment Not Included APR 1984 52.232-16 Progress Payment NOV2021 52.232-17 Interest MAY2014

52.232-18 Availability of Funds APR 1984 52.232-19 Availability of Funds for the Next Fiscal Year APR 1984 52.232-23 Assignment of Claims MAY2014

52.232-39 Unenforceability of Unauthorized Obligations

52.233-3 Protest after Award

52.236-4 Physical Data

52.236-19 Organization and Direction of the Work

52.243-1 Changes Fixed Price

52.249-2 Termination for Convenience of the Government (Fixed Price)

52.249-10 Default (Fixed-Price Construction)

52.252-4 Alterations in Contract

52.252-6 Authorized Deviations in Clauses

1452.203-70 Restriction on Endorsements

1452.215-70 Examination ofRecords by the Department of the Interior

1452.224-1 Privacy Act Notification (July 1996) Deviation

1452.236-70 Prohibition Against Use of Lead-based Paint

CLAUSES INCORPORATED BY FULL TEXT

1452.228-70 Liability Insurance ( JUL 1996)

JUN 2013

AUG 1996

APR 1984

APR 1984

AUG 1987

APR 2012

APR 1984

APR 1984

NOV2020

JULY 1996

APR 1984

JULY 1996

JULY 1996

The Contractor shall procure and maintain during the term of this contract and any extension thereof liabilityinsurance 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 ofAmerica. The amounts of the insurance shall be not less than as follows:

$100 each person* $100 each occurrence* $ 100 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 terminationof 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 certificateprior to beginning the work.

*These amounts to be set by the Contracting Officer.

(End of clause)

52.204-7 System for Award Management (Oct 2018)

(a) Definitions. As used in this provision- "Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that-

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of2006 (see subpart 4.14) into SAM

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or

Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)

(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation

"Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.t

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

( 6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

( d) Processing t ime should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://ww.sam.gov for information on registration.

(End of provision)

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 beforethe 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)

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a Fixed Price contract resulting from this solicitation.

(End of Clause)

52.219-14 Limitations on Subcontracting (Sep 2021)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that-

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

( c) Applicability. This clause applies only to--- (1 )Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2)Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3)Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are-

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405- 2 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(l)(ii);

(5)Orders, regardless of dollar value, that are-

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(l)(ii); and

( 6)Contracts using the HUB Zone price evaluation preference to award to a HUB Zone small business concern unless the concern waived the evaluation preference.

( d) Independent contractors. An independent contractor shall be considered a subcontractor.

( e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for-

( 1) Services ( except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded.

When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2)Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3)General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4)Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities.