Sol_140A2324Q0013.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION CALL

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040640133

Indian Education Acquisition Office

1011 Indian School Rd.

Suite 352A Albuquerque NM 87104

A23

Mary Jane Johnson 5058034259

101/10/2024

140A2324Q0013

INVITATION FOR BID

REQUEST FOR PROPOSAL

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

THIS CONSTRUCTION SOLICITATION IS SET ASIDE FOR ALL INDIAN SMALL BUSINESS ECONOMIC

ENTERPRISES (ISBEE) CONTRACTORS, FOR THE INSTALLATION OF FENCING FOR KAYENTA

BOARDING SCHOOL (KBS), IN KAYENTA, ARIZONA. FOR THE DEPARTMENT OF THE INTERIOR,

BUREAU OF INDIAN EDUCATION, KAYENTA BOARDING SCHOOL, IN ACCORDANCE WITH THE

STATEMENT OF WORK.

SECTION A: SOLICITATION CONTRACT FORM

SECTION B: SUPPLIES OR SERVICES AND PRICES

SECTION C: DESCRIPTION OF SPECIFICATION

SECTION E: INSPECTION AND ACCEPTANCE

SECTION F: DELIVERIES OR PERFORMANCE

SECTION G: CONTRACT ADMINISTRATION DATA

SECTION H: SPECIAL CONTRACT REQUIREMENTS

SECTION I: CONTRACT CLAUSES

SECTION J: LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION K: REPRESENTATION, CERTIFICATIONS AND OTHER STATEMENT OF OFFERS.

IN ACCORDANCE TO FAR PART 36.204 DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION

PROJECTS PRICE RANGE IS (b) Between $25,000 and $100,000.

Continued ...

11. The Contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 150 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR CLAUSE 52.211-10

02/07/2024

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 12/2022)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

Indian Education Acquisition Office 1011 Indian School Rd.

Suite 352A Albuquerque NM 87104

A23

Mary Jane Johnson

28. NEGOTIATED AGREEMENT 29. AWARD

and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations,certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 73

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A2324Q0013

CONTRACTOR SHALL PROVIDE ALL LABOR, MATERIALS,

SUPERVISION, AND INCIDENTALS NECESSARY TO INSTALL

FENCING AROUND KAYENTA BOARDING SCHOOL IN

KAYENTA, ARIZONA.

PERIOD OF PERFORMANCE WILL BE 150 FROM THE

ISSUANCE OF THE NOTICE TO PROCEED.

BONDING IS REQUIRED FOR THIS PROJECT.

It is the intent of Kayenta Boarding School to enhance the safety measures of the campus through controlled access to; reduce the risk of virus transmission, to continue with the campus improvements and protective services. Through an internal government evaluation, the risk assessment indicates a need to protect federal staff residing in quarters and working in federal buildings with students present. The threat;

vagabonds commonly walk through the property to a known drug and alcohol dealer in the community and survey BIE homes for possible break-ins.

Delivery: 10/31/2024

Delivery Location Code: 0009061968

BIE KAYENTA COMMUNITY SCHOOL

Box 188

1000 Main Street - BIE

KAYENTA AZ 86033 US

00020 COMMERCIAL FENCING

Product/Service Code: 5660

Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS

Period of Performance: 11/01/2023 to 10/31/2024

POC:

COR: KELLY YAZZIE, FACILITY MANAGER EMAIL:

kelly.yazzie@bie.edu TELEPHONE: 928.697.3401

FBMS COR: Rosalind-Redhouse-Jones, Business

Specialist 928-697-3439

CO: MARY JANE JOHNSON, CONTRACTING OFFICER,

EMAIL: maryjane.johnson@bie.edu

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SOLICITATION NO.: 140A2324Q0013

CONSTRUCTION: KAYENTA BOARDING SCHOOL – FENCING PROJECT

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TABLE OF CONTENT

SECTION B – PRICE SCHEDULE

B.1 REQUIRED WORK 5

B.2 PROJECT LOCATION 5

B.3 OFFEROR’S SCHEDULE 5

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF WORK (SOW) 7

SECTION D – PACKAGING AND MARKING

D1. PACKAGING AND MARKING 12

SECTION E – INSPECTION AND ACCEPTANCE

E1. 52.246-12 INSPECTION OF CONTRUCTION 12

SECTION F – DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK 13

F.2 52.211-12 LIQUIDATED DAMAGES-CONSTRUCTION 13

F.3 52.211-13 TIME EXTENSIONS 13

F.4 52.211-18 VARIATION IN ESTIMATED QUANTITY 13

F.5 52.236-01 PERFORMANCE OF WORK BY THE CONTRACTOR 13

F.6 52.236-15 SCHEDULE FOR CONSTRUCTION CONTRACTS 14

F.7 52.243-14 SUSPENSION OF WORK 14

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION - GOVERNMENT 15

G.2 CONTRACT ADMINISTRATION - CONTRACTOR 15

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 TRIBAL TAXES, REQUIREMENTS AND/OR RESTRICTIONS 16

H.2 MODIFICATION PROPOSAL – COST BREAKDOWN 16

H.3 POST AWARD CONFERENCES – FIXED PRICE CONTRACTS 16

H.4 CHANGES 16

H.5 CONTRACTOR SAFETY PROGRAM REQUIREMENTS 17

H.6 SUBCONTRACTING AND SUBCONTRACTORS 17

H.7 REQUIREMENT FOR EXECUTION OF SURETY BONDS 18

H.8 DETERMINATION AND EXTENSION OF CONTRACT TIME 18

H.9 HOURS AND DAYS OF WORK 18

H.10 CONTRACTOR SECURITY REQUIREMENTS 19

H.11 REAL ID ACT OF 2005 19

H.12 TEMPORARY FACILITIES 19

H.13 EXISTING UTILITIES 20

H.14 BACKGROUND INVESTIGATION 20

SECTION I – CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE AND FULL TEXT 21

SECTION J – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J.1 ATTACHMENTS 56

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

K.1 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

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

L.1 – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS 68

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 EVALUATION FACTORS FOR AWARD 72

END OF THE TABLE OF CONTENT

SECTION B: PRICE SCHEDULE

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B.1 REQUIRED WORK

The proposed work consists of the contractor shall provide all labor, materials, transportation, supervision, and incidentals necessary for the fencing project at Kayenta Boarding School in Kayenta, Arizona, in the accordance with the Statement of Work.

Period of Performance: (150) calendar days from the issuance of the Notice to Proceed.

B.2 PROJECT LOCATION Project is located in Kayenta, Arizona.

B.3 OFFEROR’S SCHEDULE

OFFEROR’s SCHEDULE

Propose your best prices projects in accordance with the Statement of Work (SOW) and attachments. Price Proposals must be submitted following the price schedule/format herein. Brand Name and Equal does apply. Incomplete price proposals will not be considered for award.

Description Quantity Price

1 CONSTRUCTION (LABOR & INSTALLATION) 1 JOB

2 MOBILIZATION/DEMOBILIZATION 1 JOB

3 DISPOSAL FEE 1 JOB

SUB-TOTAL (LABOR & INSTALLATION):

4 PERIMETER FENCING MATERIALS: 6’ AND 4 ‘ – MATCH TO SCHOOL’S EXISTING BLUE PANEL FENCING

CURRENTLY ON SITE:

MEETS ASTM G-154-04 CICLO 1, ASTM B-117-9, ASTM 523-A9, ASTM 3359-97, ASTM 3363-92A (H-2H), ASTM 552, ASTM D-7091, ASTM 522.

PICTURE IN SOW D-B = 640 FT, 6 FT CHAIN LINK 640 FT

PICTURE IN SOW C-D = 1300 FT, 6FT CHAIN LINK 1300 FT

PICTURE IN SOW RED E = 140 FT. 4FT CHAIN LINK 140 FT

PICTURE IN SOW BLUE LINE F-G = 1800 FT OF DESIGN MASTER FENCING

SYSTEM 1800 FT

CHAIN LINK FENCE SPECIFICATIONS:

FABRIC: 72” 9 GAUGE GAW. (2”MESH) 1.2 OZ ZINC CHAIN LINK FABRIC / 48” 9

GA.GAW

1 JOB

TOP RAIL:

1 5/8” O.D. DQ-40 PIPE, 1.83 LBS PER FOOT. TOP RAIL 21’ IN LENGTH 1 JOB

LINE POST: 2 3/8” O.D. DQ-40 PIPE, 3.12 LBS. PER FOOT. LINE POSTS SET 10’ ON

CENTER MAXIMUM SPACING. CONCRETE FOOTING: 10’ DIAMETER, 36’DEPTH 1 JOB

TERMINAL POST: 1 JOB

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4” O.D. DQ-40 PIPE, 4.47 LBS PER FOOT. CONCRETE FOOTING: 9” DIAMETER, 24”

DEPTH.

BRACING: TERMINAL POSTS BRACED AND TRUSSED TO THE NEAREST LINE

POST WITH 1 5/8” O.D. DQ-40 PIPE AND 3/8” TRUSS ROD 1 JOB

GATES:

FRAMWORK OF 1 7/8” CQ-20 PIPE, 1.76 LBS PER FOOT. GATES BRACED AND

TRUSSED AS NECESSARY SAME FABRIC AS FENCE.

1 JOB

GATE POST:

4” O.D. DQ-40 PIPE, 4.47 LBS PER FOOT. CONCREET FOOTING: 12: DIAMETER, 36”

DEPTH

1 JOB

TENSION WIRE: 9 GA. SMOOTH WIRE TENSION WIRE ATTACHED TO BOTTOM OF

FENCE FABRIC WITH 12 1.2 GA. STEEL HOG RING SPACED 24” ON CENTER. 1 JOB

REGULAR BRACE BAND AND CARRIAGE BOLT WITH NUT, PRESSED STEEL CAP,

3/16” X ¾” TENSION BAR, REGULAR TENSION BAND AND CARRIAGE BOLT WITH

NUT.

1 JOB

TIE WIRE:

8 1/4’ 9 GA. AND 6 ½” 12 GA STEEL TIRE WIRE SPACED 15” ON CENTER FOR LINE

POSTS AND 24; ON CENTER FOR RAILS.

1 JOB

POST FOOTING:

HAND MIXED CONCRETE 1 JOB

SUB-TOTAL (Materials)

GRAND TOTAL

Bonding

Navajo Nation TAXES 6%

All Applicable State Taxes

TOTAL:

Miscellaneous Work: The contractor shall not perform any of contingent sum work, until the Contracting Officer issues a contract modification authorizing performance of work in accordance with FAR Clause 52.243-4, Changes; and subject to availability of funds, FAR Clause 52.232-18, Availability of Funds.

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

The change orders request shall be forwarded to the Contracting Officer by memorandum outlining the need and a justification for the change order. Upon receipt of a change order request, the Contracting Officer will request a cost proposal from the Contractor. All cost proposals shall be in detail and itemized, showing price breakdown in sufficient detail to permit an 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, a telephone approval may be granted by the Contracting Officer, and immediately the Contractor shall follow through by submitting a written cost proposal to the Contracting Officer.

ENDO

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SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Kayenta Boarding School Statement of Work

Perimeter Fencing Project

Background Information:

Kayenta Boarding School (KBS) is located in Kayenta A. Google Earth coordinates 36 degree 43’ 49degree N, 110 degree 14’46 degree W. KBS consists of 42 unit living quarters, an academic and dormitory building, including shop warehouse and facility office.

Kayenta Boarding School is to enhance the safety measures of the campus through controlled access to; reduce the risk of virus transmission, to continue with the campus improvements and protective services.

Through an internal government evaluation, the risk assessment indicates a need to protect federal staff residing in quarters and working in federal buildings with students present. The threat; vagabonds commonly walk through the property to a known drug and alcohol dealer in the community and survey BIE homes for possible break-ins. The vulnerability; proximity to school and quarters property is 500 yards. Cattle fencing is the only means of a boundary line. This threat assessment is based on motivations of possible aggressors: environmental and special interest. Environmentally it is very easy to get onto campus from various locations, special interest include but not limited to political, religious, domestic incidents, etc. Question? Does the potential target (KBS assets, KBS employees, KBS Students) have available ingress and egress for a potential aggressor? Answer:

Yes.

Included are pictures of current site conditions (see attachments).

The specifics of the fencing project are detailed in this scope of work. KBS maintains their own water system, while NTUA oversees Gas, Electric and Sewer systems for blue stake reference.

Awarded Contractor/Vendor shall be responsible for:

• Determining the scope of work and materials needed for installing fencing as specified in this document.

• Determining the scope of work and material needed for all fencing type described in this SOW.

• Determine the site conditions and terrain for proper installation.

• All installation to be of good craftsmanship for the specified trade.

• Blue Staking as needed.

• KBS to Demo existing fencing as determined.

• Exact placement of fencing to be determined by KBS facility Manager.

• Minor grading and fence line obstructions to be cleared by KBS.

General Requirements:

KBS will be responsible for identifying all utilities and blue staking for KBS owned utilities. Contractor is responsible for blue stake for NTUA related utilities.

Installer Qualifications: Minimum 2 years’ experience in successful fence installation work including type of fencing installed.

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I

Concrete: Minimum 2500 psi air entrained concrete for corner posts, pull posts and gate posts. Air entrained concrete is recommended depending on and consistent with local soil types and conditions. The Contractor shall submit a mix design for hand-mixed concrete on the jobsite if he intends to do this.

Utility Location: Coordinate with Kayenta NTUA Sub office for locating their underground utilities.

Submittals: Submit shop drawings of fence details to include post spacing, system components and accessories for a complete fence installation for the chainlink fencing. Be mindful of weather exposure conditions, type of soil (soil bearing pressure), drainage, and emplacement problems caused by wind erosion and other weather-related conditions, as well as the wind load on the 6-high chainlink fence fabric. Install fencing in compliance with manufacturer’s written installation instructions and approved shop drawings.

Figure 1

Maroon Line D-B 640’ ft. 6’ fencing chain link

Maroon Line C-D 1300’ ft. 6’ fencing chain link

Red Line E 170’ ft. 4’ fencing chain link

Blue Line F-G 1800’ ft. DESIGNMASTER Fencing Systems (Blue)

Yellow Line H-I 2017 Fence Project (Existing, Not for Quote)For reference on designmaster fencing

CHAINLINK FENCE SPECIFICATION

FABRIC: 72” 9 GUAGE GAW. (2” MESH) 1.2 OZ ZINC CHAIN LINK FABRIC/ 48” 9 GA. GAW (as specified)

TOP RAIL: 1 5/8” O.D. DQ-40 PIPE, 1.83 LBS. PER FOOT. TOP RAIL 21’ IN LENGTH

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LINE POST: 2 3/8” O.D. DQ-40 PIPE, 3.12 LBS. PER FOOT. LINE POSTS SET 10’ ON CENTER MAXIMUM

SPACING. CONCRETE FOOTING: 10” DIAMETER, 36” DEPTH

TERMINAL POST: 4” O.D. DQ-40 PIPE, 4.47 LBS PER FOOT. CONCRETE FOOTING : 9” DIAMETER, 24” DEPTH.

BRACING: TERMINAL POSTS BRACED AND TRUSSED TO THE NEAREST LINE POST WITH 1 5/8” O.D. DQ-40

PIPE AND 3/8” TRUSS ROD

GATES: FRAMEWORK OF 1 7/8” CQ-20 PIPE, 1.76 LBS. PER FOOT. GATES BRACED AND TRUSSED AS

NECESSARY. SAME FABRIC AS FENCE

GATE POST: 4” O.D. DQ-40 PIPE, 4.47 LBS PER FOOT. CONCRETE FOOTING: 12” DIAMETER, 36” DEPTH

TENSION WIRE: 9 GA. SMOOTH WIRE TENSION WIRE ATTACHED TO BOTTOM OF FENCE FABRIC WITH 12

1/2GA. STEEL HOG RING SPACED 24” ON CENTER.

FITTINGS: REGULAR BRACE BAND AND CARRIAGE BOLT WITH NUT, PRESSED STEEL CAP, 3/16” X ¾”

TENSION BAR, REGULAR TENSION BAND AND CARRIAGE BOLT WITH NUT.

TIE WIRE: 8 ¼’ 9 GA. AND 6 ½” 12 GA STEEL TIE WIRE SPACED 15” ON CENTER FOR LINE POSTS AND 24:

ON CENTER FOR RAILS.

POST FOOTING: HAND MIXED CONCRETE

Work Requirements:

• Contractor will comply with the Codes and regulations standards issued by all Federal, State and Local government authority having jurisdiction over occupational health and safety issues.

• The obstacle course and fitness trail equipment course distancing and clearances will be in accordance with all codes and regulations.

• The obstacle course and fitness trail equipment course will be inspected, tested, and verified that all are installed correctly and in good standing safe working condition.

• Take any additional measures the Contracting Officer determines to be reasonably necessary for this purpose.

Hours Of Operation:

Kayenta Boarding School hours of operation are from 8:00 A.M. through 4:30 P.M. Monday through Friday. The Contractor will schedule their working hours during operational hours of the Kayenta Boarding School.

Federal Holidays

Do not schedule work on Federal Holidays or days observed in lieu thereof. The Federal holidays listed below are observed. If a holiday falls on a scheduled workday, the Contractor will be responsible for rescheduling.

New Year's Day – Labor Day-Martin Luther King's Birthday -Columbus/Indigenous Day -Presidents' Day-Veterans' Day-Memorial Day -Thanksgiving Day-Christmas Day-Juneteenth Day-Independence Day

Contractor's Responsibilities/Conditions:

• It shall be the sole responsibility of the Contractor prior to bidding, to conduct field verification of actual dimensions and measurements, materials, angles, alignment and all existing conditions shall be the sole responsibility of the Contractor.

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• Contractor shall provide all labor, testing of equipment, removal/disposal of old equipment, materials/supplies.

transportation, rentals, tools, insurances, taxes, safety, security, staging/storage, full time supervision, worker/owner/property protection, temporary utilities/hookups.

• Contractor shall provide traffic control, fall protection, deliveries, notifications/filings, permits, control measures on dust, noise, contamination, general ground/soil restoration, daily & final site cleanup, housekeeping, trash/debris disposal, etc.

• Contractor will be responsible for any & all damages that may evolve from carelessness, negligence, irresponsibleness, including accidents to, but not limited to the BIE and their tenant’s property, assets, investments, etc. Any discoveries of hazardous and contaminant materials shall be reported immediately.

• Contractor will be responsible for any and all damages to existing property caused by contractor as result of but not limited to demolition, installation, and deliveries, including the patching and repair of existing structure and utilities, building equipment, components and/or systems. All costs to repair, patch, finish, replace and fixes shall be the responsibility of the contractor and will carry or warrant no time extensions or contract modifications.

• Contractor shall at all times adhere to and be compliant with any and all applicable Federal, State, City & pertinent Local regulations, statues and laws.

• The Contracting Officer shall notify the Contractor of any non-compliance with these requirements and the corrective actions required. The Contractor shall immediately take corrective action after receiving the notice. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order suspending all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule for any suspension of work issued under this clause.

• The contractor shall not perform work that is outside the SOW unless directed in writing by the Contracting Office (CO). Any work done by the Contractor outside the SOW without direction from the CO will be at the Contractor's own risk.

• The Contractor shall accept directions only from the Contracting Officer or the duly authorized Contracting Officer's Representative (COR). Requests or desires of the Users or Using Agency made directly to the Contractor will be immediately brought to the attention of the COR. Any changes to the project scope or other provisions of this Statement of Work (SOW) must be authorized in writing by the CO.

• The CO shall designate a COR for this project for the administration of this contract. The COR shall coordinate schedule for each phase, approve technical submittals, inspect work, monitor progress, accept completed work, review invoices, review change orders, and issue/receive Government Furnished Items. The COR has the authority to direct the Contractor to stop performance of work if unsafe work conditions are observed.

• Completed work shall be approved and signed off by the COR after the following are completed:

- Final inspection performed by the COR/Maintenance Personnel and Contractor

Considerations and Factors:

Proposing Contractors are asked to factor in or take into consideration the following as part of their bid/proposals and projected schedules while undertaking this project.

• The proposed licensed contractor is highly qualified and are a close vendor geographically. They possess necessary equipment and licenses and/or certifications to perform the job request adequately and properly.

• The pertinent contents of this Statement of Work as applicable to the Project's requirements, protocols, scheduling, particularly the work scope and materials shall become and made a binding part of and in conjunction with the Contractor's overall Construction Contract with the BIE, thereby contractors are specifically asked to pay careful attention in their examination and familiarity with the documents.

• Coordination and cooperation with Kayenta Boarding School and BIE employees/vehicle traffic, their accesses & exits, control and coordination of noise, odors, vibration, and other distracting or disruptive activities that will impact operations.

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• All work to take place only during normal workdays Monday- Friday from 8:00 am- 4:30 pm with no weekends or holidays; only in the event special prior approval is obtained from the Contracting Officer through arrangements with the Contracting Officers Representative.

Close out Requirements:

• Licensed contractor shall consist of any clean-up and removal of debris, and trash if generated and accumulated.

• Notify designated BIE personnel when job is completed, and walk-through will be conducted to verify work requested has been completed and justifiable. Inspection of all completed work and performance testing will be conducted. Any deficiencies shall be corrected by the contractor to ensure 100% functionality.

Performance Specification/Requirements:

Proposing Contractors shall prepare and submit their bids/cost proposals in accordance with and predicated on using the following Owner's Performance Specifications as the baseline guide/requirement to furnish, install, and execute the new obstacle fitness equipment course.

• Proposed cleaning shall meet or exceed the performance requirements of, but not limited to NFPA & EPA standards in their respective testing for proper functioning and serviced before daily usage to protect against carbon monoxide poisoning and potential fire hazards.

• Contractor shall be required to submit invoice stating that work requested has been completed and sections details are free and clear of debris and materials.

BIE POC:

• COR: Kelly Yazzie, kelly.yazzie@bie.edu, Cell No. (928) 697-3401

• CO: Mary Jane Johnson, maryjane.johnson@bie.edu, 505-803-4259

END OF STATEMENT OF WORK

mailto:kelly.yazzie@bie.edu mailto:maryjane.johnson@bie.edu

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SECTION D – PACKAGING AND MARKING

D.1 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

SECTION E – INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONTRUCTION AUG 1996

(a) Definition."Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication 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 of responsibility 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 material reasonably 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.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate 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

P a g e 13 | 73 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 any warranty or guarantee.

(End of clause)

END OF SECTION E

SECTION F -- DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK APR 1984

The Contractor shall be required to (a) commence work under this contract within ten (10) 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 150 (one hundred fifty) calendar days. The time stated for completion shall include final cleanup of the premises. (End of clause)

F.2 52.211-12 LIQUIDATED DAMAGES-CONSTRUCTION SEPT 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 $25.00 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. (End of clause)

F.3 52.211-13 TIME EXTENSIONS SEPT 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)

F.4 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.

F.5 52.236-01 PERFORMANCE OF WORK BY THE CONTRACTOR APR 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.

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F.6 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 19845

(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)

F.7 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)

END OF SECTION F

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SECTION G: CONTRACT ADMINISTATION DATA

G.1 CONTRACT ADMINISTRATION - GOVERNMENT

All administrative questions shall be directed to only electronic copies will be accepted:

Mary Jane Johnson, Contracting Officer BIE-Division of Acquisition Operations 1011 Indian School RD NW Albuquerque, New Mexico 87104 Telephone No.: (505) 803-4259 Email: maryjane.johnson@bie.edu

G.2 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: __________________________________________

POC: ___________________________________________

Address: ____________________________________________

Telephone No. ____________________________________________

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 the Government for expenditure of public funds.

G.4 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.

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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]:

- 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) prior to the contract award date, but no more than 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.

END OF SECTION G

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.

(b) Offerors are responsible for contacting the Office of the Navajo Nation Tax Commission and the Office of Labor Relations for tribal taxes. Current available information is identified at this link: Office of the Navajo Tax Commission (navajo-nsn.gov) for more information on Navajo Nation Tax Commission.

H.2 MODIFICATION 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 shall also 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 AWARD CONFERENCES – FIRM FIXED PRICE CONTRACTS

The Contracting Officer shall conduct monthly post award meetings with the contractor and the Contracting Officer’s Representative (COR). 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

http://www.tax.navajo-nsn.gov/ http://www.tax.navajo-nsn.gov/

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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 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 construction to 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 manner in which 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 facilities for routine scrap removal, shall be maintained in all areas within the Contractor’s scope of operations. Any and 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.6 SUBCONTRACTING AND SUBCONTRACTORS

A. Selection of Subcontractors. Except as provided in DIAR Clause 1452.204-71, Indian Preference, the contractor and each subcontractor shall be free to select their subcontractors. Each subcontractor shall be capable of performing in a satisfactory manner, all work included in its subcontract. The contractor shall submit or require the submission of the following information to the Contracting Officer.

1. The Name and Address of each Subcontractor.

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2. A detailed description of the work covered by each subcontractor.

3. A statement that the subcontractor has adequate resources and is capable of performing the work.

B. Furnish Copies of Subcontractors. No subcontractor will be allowed to perform any work on the project site until the conditions in (a) above have been met.

C. Contractor’s Responsibility for Subcontractors. The Contractor shall be responsible for the acts of all subcontractors and their employees when performing work at the project site, regardless of subcontractors’ contractual relationship to the contractor. The contractor shall cause to be removed from the work at the project site any subcontractor or employee thereof whom the Contracting Officer, in writing finds to be incompetent, careless, or otherwise objectionable. Failure of any subcontractor to complete the work described in its subcontract in a satisfactory manner, or without delay, will not excuse the contractor from any delay in the completion of the entire contract.

H.7 REQUIREMENT FOR EXECUTION OF SURETY BONDS

Each surety company bond (performance and payment) which purports to have been executed by an agent or attorney-in-fact, for the corporate surety, is required to have submitted within a power of attorney to the signatory agent or attorney-in-fact, and executed by the corporate surety upon a date reasonable approximately to the date of the bond.

Such power of attorney shall in each instance be retained with the bond.

A. Bid Bond –Due at the time of award.

B. Performance Bond – The amount of the performance bond shall be 100% of the original contract price.

C. Payment Bond – The amount of the payment bond shall be 100% of the original contract price.

D. Individual Surety – The bidders shall comply with FAR Clause 52.228-11, Pledges of Assets.

H.8 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…