Sections_B_-_L.rtf

TABLE OF CONTENTS

4. SECTION H SPECIAL CONTRACT REQUIREMENTS

5. SECTION I CONTRACT CLAUSES

SECTION B SUPPLIES OR SERVICES AND PRICES RFQ A15PS00294

1452.280-1 NOTICE OF INDIAN SMALL BUSINESS ECONOMIC ENTERPRISE SET-ASIDE (JUL 2013)

Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian economic enterprises (Subpart 1480.8) that are also small business concerns. Any acquisition resulting from this solicitation will be from such a concern. Offers received from enterprises that are not both Indian economic enterprises and small business concerns will not be considered and will be rejected.

This procurement is issued under NAICS Code 334290, with a 750 Employee Small Business Size Standard.

Contractor__________________________________ E-Mail Address_____________________________

DUNS#______________________________ Phone#______________________________

QUOTE SCHEDULE

REQUIREMENT: Installation of a CCTV Video Surveillance System at the BIA John F. Kennedy Day School; Route 73, Cedar Creek Community, Gila County, White Mountain Apache Nation, near Whiteriver, Arizona 85941

PRODUCT DATA: The Quoter must submit Product Data with this Quote Schedule.

BY REFERENCE: Applicable Davis Bacon Wage Determination No. AZ150025, 01/02/2015, AZ25

FAR 36.204 DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION PROJECTS: Less than $64,000.00.

1. Quoters shall provide the following itemized quote breakout:

a. Installation of a CCTV Video Surveillance System $__________________

The quote price is to be inclusive of all costs for the purchase and installation of the requirement as stated in the SOW, including but not limited to, all applicable taxes (Federal, State, etc.), FOB Destination shipping/delivery costs, all equipment/hardware, labor, supervision, material and supplies, equipment, travel, disposal costs, etc.

Quoters are responsible to contact their State Dept. of Revenue to obtain the appropriate taxes to be applied to their quote / Taxpayer Information & Assistance, PO Box 29086, Phoenix AZ 85038-9086, Phone 602- 255-2060.

b. White Mountain Apache Tribe (WMAT) Tribal and TERO Costs $__________________

b. Tribal Contacts:

White Mountain Apache Tribe -Tribal Employment Rights Office (TERO) / Office: 928-338-1012 /928-338-1258

Contact: vernaleewestover@wmat.us / Permit fees, TERO Fee, and trade contractor compliance plan

c. TOTAL $__________________

SECTION C DESCRIPTIONS / SPECIFICATIONS

December 29, 2014

PERFORMANCE WORK STATEMENT

John F. Kennedy Day School CCTV Security System Analog Cameras

GENERAL INFORMATION

DESCRIPTION

The intent of the Performance Work Statement (PWS) is to establish performance criteria/requirements for the installation of a CCTV Video Surveillance System comprising Vandal Proof Analog Cameras, Cabling, Power Requirements, DVR Recorder& Monitor. The installation of a CCTV Security System shall monitor and record activity (s) at specified locations throughout the school campus. The DVR Recorder/Monitor shall be centrally located near administrative offices to be determined with School representatives. System shall be able to record and store images to a storage device.

The following structures identified in Bureau of Indian Affairs’ Facilities Management Information System Inventory will be the performance area or property for improvements:

The Contractor shall meet requirements express or implied within this Performance Work Statement for the removal & disposal of components, materials, & equipment and to provide and install new components or equipment with all necessary connections and to ensure quality and expeditious performance time of the Work. The contractor shall execute work to comply with all laws, standards, regulations or codes to safely complete the Work.

The Contractor shall provide all supervision, management, labor, materials, equipment, storage, and items necessary for the removal, supply, erection, construction, testing, and disposal (including handling, transportation, loading, unloading and receiving) of materials hereafter designated as the Work. This PWS requires all portions of the Work be executed by skilled and certified personnel trained and experienced in their respective trades.

See Clause 1452.280-3 “Subcontracting Limitations: in compliance with the Clause, the Contractor may subcontract portions of any phase or portion of the work. However, such subcontract shall not relieve Prime Contractor from enforcing the use of all required safety equipment and supplies by the subcontractor and his employees providing any phase of the Work. Contractor shall require and verify materials and methods used by subcontractors are consistent with materials and methods for established and safe Work and consistent with the Contract Documents and in compliance with applicable regulations.

PERFORMANCE LOCATION: John F. Kennedy Day School; Route 73, Cedar Creek Community, Gila County, White Mountain Apache Nation, near Whiteriver, Arizona 85941.

PERIOD OF PERFORMANCE: 30 calendar days from Notice to Proceed.

SCOPE OF WORK

Prior to Issuance of Notice to Proceed & before on-site Start of Work, a favorable security background clearance is required.

After Post-Award orientation and prior to commencement of Work, the COTR shall initiate with the contractor the process towards Security/Background Clearance through Personnel Security (ABQ); upon receipt of favorable clearance, contractor shall commence performance.

The Contractor shall provide the following information to the Contracting Officer’s Technical Representative (COTR) for review and approvals. Upon review and acceptance of Submittals, a Notice to Proceed shall be provided:

SUBMITTALS:

The schedule shall list major milestones of the Work, including: contractor mobilization, Start time for installation of new units and coordination of occupied structures and anticipated completion times.

Contractor shall observe and verify existing service equipment, dimensions, utility service lines, electrical panel boards, breakers, and adjacent infrastructure prior to commencing with the Work to become familiar with existing conditions and confirm utility and space requirements for new unit installation.

The contractor shall notify COTR immediately regarding existing equipment and adjacent infrastructure conditions affecting the Work.

Contractor shall employ a Construction Waste Management and Recycle Plan for solid waste disposal & diversion. Contractor’s recycle plan shall indicate solid waste diversion for construction and demolition (C&D) debris & hazardous waste materials. Contractor shall recycle hazardous waste materials & adhere to hazardous waste recycling regulations per Resource Conservation and Recovery Act (RCRA).

Contractor shall provide and install:

(16) Vandal Proof Cameras (Fixed and Pan Tilt Zoom capabilities) for exterior installation and all conduits to the DVR installation. Cameras shall be mounted at optimal locations and heights to avoid accidental damage or vandalism yet located to capture a clear unobstructed view. All cameras shall be mounted to existing buildings. Cameras shall be high resolution. See Exhibit 1 for general areas needing surveillance.

All associated Cables/conduits and hardware/bracket connections. The contractor shall place cabling into existing pathways along building sides (mounted high and/or underground) and shall be coordinated with the school.

Centrally located equipment racks and hardware installation; 16-Channel DVR System with all accessories, including monitor. The system shall record and store video images. The school and OFMC shall advise the contractor if recording of video images is needed. If needed, the contractor shall work with the school to determine the amount of recording and duration during the day.

Power requirements: AC Circuiting and breaker.

Exterior Sealants/Fire-Stopping Material, where required.

The quote must submit Product Data/Information with their quote documents.

COMPLIANCE:

References:

b. Security Background Investigation and Clearance Requirement:

Prior to Notice of Proceed, the Contractor shall, along with COTR, initiate Security Background Investigation to comply with Bureau of Indian Education (BIE) requirement for Work located at School Facilities. Upon award, COTR shall provide documents to contractor for action requested.

EXECUTION

UTILITIES

Prior to commencement of the Work, the COTR shall coordinate temporary use of Utilities to effectively complete the Work.

The contractor shall coordinate temporary shut-down cycles with COTR prior commencement of Work in an effort to safely and effectively complete the Work. The contractor shall endeavor to complete in a timely manner in order to complete systems inspection and turn-over to occupying program/tenants.

REMOVAL OF MOBILE OBJECTS

Where applicable, mobile objects, furniture, debris and equipment shall be removed from the area of work by the COTR prior (COTR shall coordinate with School). Other mobile objects shall be coordinated through the COTR for removal by the Contractor before work begins. Immobile objects and furnishings shall be protected appropriately.

CLEAN-UP AND REPAIRS TO EXISTING DAMAGE EQUIPMENT

Contractor shall be responsible for leaving the Performance areas visibly clean at completion of Work. Any areas (walls, ceiling, and floors) or existing equipment not part of this scope that is damaged due to performance shall be repaired or replaced by the contractor.

SUBSTANTIAL AND FINAL COMPLETION

The Contractor shall notify COTR when the Work is substantially complete and ready for inspections.

The COTR will, within a reasonable time period, inspect the Work to determine status of Substantial Completion when the Contractor certifies to the CO and COTR that:

The Work has been completed in compliance with the Statement of Work;

The Contractor has inspected the Work for such compliance;

The Contractor has submitted all required documents & reports to all relevant Agencies.

The Work is ready for final inspection and acceptance.

The COTR will promptly notify the Contractor if he determines that the Work is incomplete or not meeting satisfactory compliance and will provide a written notification on reasons for non-compliance.

Contractor shall, upon receipt of notice from COTR that the Work is not complete, promptly remedy the deficiencies noted by COTR and notify the COTR when the Work is ready for re-inspection. COTR will then within a reasonable time period, re-inspect the Work for satisfactory compliance.

Contractor shall submit (2) complete bound copies of the following post-job documentation to the Contracting Officer when the COTR determines that the Work is acceptable and complete. This shall include, at a minimum:

PRODUCTS

Submittals shall include items from Part 2 Scope of Work.

Contractor shall submit the following to COTR, in an organized format: Shop Drawings prior to fabrication and installation for review. Submittal shall include all necessary drawings, specifications, calculations, and equipment product data, for compliance with applicable codes and regulations.

Contractor shall provide the following upon completion of the Work:

Operation manuals Standard warranty signed by manufacturer.

Installer's performance warranty covering system installation (1) year. Warranties shall commence on date of substantial completion.

Instructions on operator use of new equipment (testing/training)

EXHIBITS

EXHIBIT 1 - Plan Layout EXHIBIT 2 - Photo

END OF SPECIFICATION

SECTION G CONTRACT ADMINISTRATION DATA

1. DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (April 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts.

The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice [CO to edit and include the documentation required under this contract]: Contractors shall attach a hard copy of their invoice in IPP when submitting invoices via IPP. Invoices will be rejected if no invoice is attached.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

SECTION H SPECIAL CONTRACT REQUIREMENTS

1. In compliance with FAR Clause 52.223-6 “Drug Free Workplace”, the project site is a drug free work site, including tobacco, alcohol and marijuana medicinal products.

2. Contractor Background Investigation (On-Site Superintendent):

Upon issuance of an approved contract, the selected contractor will work with the COTR to obtain the CNACI background clearance, or provide existing CNACI clearance information.

3. The Background Investigation may take up to 90 calendar days or longer.

4. Notice to Proceed shall be issued after a positive result is obtained.

5. 1450-0016-001 Homeland Security Presidential Directive -12 (HSPD-12) August 2004

Contractor Personnel Security and Suitability Requirements

Performance of this contract requires contractor personnel to have a Federal government-issued Personal Identity Verification (PIV) credential before being allowed unsupervised access to a DOI [facility and/or information system]. The Contracting Officer's Representative (COR) or Contracting Officer's Technical Representative (COTR) will be the requesting official, and will make arrangements through a DOI Access Card Sponsor for personal identity verification and DOI Access Card issuance.

At least two weeks before start of contract performance, the Contractor must identify all contractor and subcontractor personnel who will require [physical and/or logical] access for performance of work under this contract. Physical Access means routine, unescorted or unmonitored access to non-public areas of a Federally-controlled facility. Logical Access means routine unsupervised access to a Level 3 or 4 Federally controlled information system. The Contractor must make their personnel available at the place and time specified by the COR/COTR or DOI Access Card Sponsor in order to initiate screening and background investigations. The following forms and inquiries, or their equivalent, will be used to initiate the credentialing process:

o OPM Standard Form 85 or 85P o OF 306 o National Criminal History Check (NCHC) (local procedures may require the fingerprinting to done at a police station; in this case, any charges are to be borne by the contractor) o Release to Obtain Credit Information o PIV card application (web-based)

Before starting work under this contract, a National Criminal History Check (NCHC) will be initiated to verify the identity of the individual applying for clearance and to determine the individual's suitability for the position. If the NCHC adjudication is favorable, a DOI Access Card will be issued for that individual. If the adjudication is unfavorable, the credentials will not be issued and the contractor must make other arrangements for performance of the work. In the event of a disagreement between the Contractor and the Government concerning the suitability of an individual to perform work under this contract, DOI shall have the right of final determination.

Contractor employees must give, and authorize others to give, full, frank, and truthful answers to relevant and material questions needed to reach a suitability determination. Refusal or failure to furnish or authorize provision of information may constitute grounds for denial or revocation of credentials. Government personnel may contact the contractor personnel being screened or investigated in person, by telephone or in writing, and the Contractor must ensure they are available for such contract.

Alternatively, if an individual has already been credentialed by another agency through OPM, and that credential has not yet expired, further investigation may not be necessary. In that case, the contractor must provide the COR/COTR with documentation that supports the individual's credentialed status.

Contractor employees who have been successfully adjudicated will be issued DOI Access Cards, which must be activated at a USAccess Credentialing Center. Those Contractor employees not located within a reasonable travel time of a USAccess Credentialing Center will be screened and issued alternate credentials, such as temporary access badges.

During performance of the contract, the Contractor must keep the COR/COTR apprised of changes in personnel to ensure that performance is not delayed by compliance with credentialing processes. Cards that have been lost, damaged, or stolen must be reported to the COR/COTR and Issuing Office within 24 hours. If reissuance of expired credentials is needed, it must be coordinated through the COR/COTR.

At the end of contract performance, or when a contractor employee is no longer working under this contract, the Contractor must ensure that all identification cards are returned to the COR/COTR.

SECTION I CONTRACT CLAUSES

1. 1452.226-70 Indian Preference April 1984

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

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

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

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

(e) As used in this clause:

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

(2) “Indian organization” means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451); and

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

(4) “Indian Tribe” means an Indian Tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 668; 43 U.S.C. 1601) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

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

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

2. 1452.226-71 Indian Preference Program April 1984

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

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

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

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

(4) Establish and conduct a subcontracting program which gives preference to Indian organizations and Indian-owned economic enterprises as subcontractors and suppliers under this contract. Consistent with the efficient performance of this contract, the Contractor shall give public notice of existing subcontracting opportunities by soliciting bids or proposals only from Indian organizations or Indian-owned economic enterprises. The Contractor shall request assistance and information on Indian firms qualified as suppliers or subcontractors from the Tribe(s) on or near whose reservation(s) the work under the contract is to be performed. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to be contacted in regard to the request for assistance and information. Public notices and solicitations for existing subcontracting opportunities shall provide an equitable opportunity for Indian firms to submit bids or proposals by including -- i.a clear description of the supplies or services required including quantities, specifications, and delivery schedules which facilitate the participation of Indian firms; ii.a statement indicating the preference will be given to Indian organizations and Indian-owned economic enterprises in accordance with Section 7(b) of Public Law 93-638; (88 Stat. 2205; 25 U.S.C. 450e(b)); iii.definitions for the terms "Indian organization" and "Indian-owned economic enterprise" as prescribed under the "Indian Preference -- Department of the Interior" clause of this contract; iv.a representation to be completed by the bidder or offeror that it is an Indian organization or Indian-owned economic enterprise; and (v) a closing date for receipt of bids or proposals which provides sufficient time for preparation and submission of a bid or proposal. If after soliciting bids from Indian organizations and Indian-owned economic enterprises, no responsible bid is received, the Contractor shall comply with the requirements of paragraph (d) of the "Indian Preference -- Department of the Interior" clause of this contract. If one or more responsible bids are received, award shall be made to the low responsible bidder if the bid price is determined to be reasonable. If the low responsive bid is determined to be unreasonable as to price, the Contractor shall attempt to negotiate a reasonable price and award a subcontract. If a reasonable price cannot be agreed upon, the Contractor shall comply with the requirements of paragraph (d) of the "Indian Preference -- Department of the Interior" clause of the contract.

(5) Maintain written records under this contract which indicate: i.the names and addresses of all Indians seeking employment for each employment position available under this contract; ii.the number and types of positions filled by (A) Indians and (B) non-Indians, and the name, address and position of each Indian employed under this contract; iii.for those positions where there are both Indian and non-Indian applicants, and a non-Indian is selected for employment, the reason(s) why the Indian applicant was not selected; iv.actions taken to give preference to Indian organizations and Indian-owned economic enterprises for subcontracting opportunities which exist under this contract; v.reasons why preference was not given to Indian firms as subcontractors or suppliers for each requirement where it was determined by the Contractor that such preference would not be consistent with the efficient performance of the contract, and vi.the names and addresses of all Indian organizations and Indian-owned economic enterprises (A) contacted, and (B) receiving subcontract awards under this contract.

(6) The Contractor shall submit to the Contracting Officer for approval a semiannual report which summarizes the Contractor's Indian preference program and indicates (i) the number and types of available positions filled and dollar amounts of all subcontracts awarded to (a) Indian organizations and Indian-owned economic enterprises and (b) all other firms.

(7) Records maintained pursuant to this clause will be kept available for review by the Government until expiration of one (1) year after final payment under this contract, or for such longer period as may be required by any other clause of this contract or by applicable law or regulation.

(b) For purpose of this clause, the following definitions of terms shall apply:

(1) The terms "Indian," "Indian Tribe," "Indian Organization, and "Indian-owned economic enterprise" are defined in the clause of this contract entitled "Indian Preference."

(2) "Indian reservation" includes Indian reservations, public domain Indian allotments, former Indian reservations on Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act, (85 Stat. 688; 43 U.S.C. 1601 et seq.).

(3) "On or near an Indian Reservation" means on a reservation or reservations or within that area surrounding an Indian reservation(s) where a person seeking employment could reasonably be expected to commute to and from in the course of a work day.

(c) Nothing in the requirements of this clause shall be interpreted to preclude Indian Tribes from independently developing and enforcing their own Indian preference requirements. Such requirements must not hinder the Government's right to award contracts and to administer their provisions.

(d) The Contractor agrees to include the provisions of this clause including this paragraph (d) in each subcontract awarded under this contract and to notify the Contracting Officer of such subcontracts.

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

3. 1452.280-2 Notice of Indian Economic Enterprise Set-Aside (July 2013)

(a) Definitions as used in this clause.

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

Indian Economic Enterprise means any business activity owned by one or more Indians or Indian Tribes that is established for the purpose of profit, provided that: (i) The combined Indian or Indian Tribe ownership shall constitute not less than 51 percent of the enterprise; (ii) the Indians or Indian Tribes shall, together, receive at least a majority of the earnings from the contract; and (iii) the management and daily business operations of an Indian economic enterprise must be controlled by one or more individuals who are members of an Indian Tribe. To ensure actual control over the enterprise, the individuals must possess requisite management or technical capabilities directly related to the primary industry in which the enterprise conducts business. The enterprise must meet these requirements throughout the following time periods: (1) At the time an offer is made in response to a written solicitation; (2) At the time of contract award; and, (3) During the full term of the contract.

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

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

(b) General.

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

(2) BIA will reject all offers received from ineligible enterprises.

(3) Any award resulting from this solicitation will be made to an Indian economic enterprise, as defined in paragraph (a) of this clause.

(c) Required Submissions. In response to this solicitation, an offeror must also provide the following:

(1) A description of the required percentage of the work/costs to be provided by the offeror over the contract term as required by section 1452.280-3, Subcontracting Limitations clause;

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

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

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

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

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

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

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

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

(f) Eligibility.

(1) Participation in the Mentor-Protégé Program established under section 831 of the National Defense Authorization Act for Fiscal Year 1991 (25 U.S.C. 47 note) does not render an Indian economic enterprise ineligible for contracts awarded under the Buy Indian Act.

(2) If a contractor no longer meets the definition of an Indian economic enterprise after award, the contractor must notify the CO in writing. The notification must include full disclosure of circumstances causing the contractor to lose eligibility status and a description of any actions that the contractor will take to regain eligibility. Failure to give the CO immediate written notification means that: (i) The economic enterprise may be declared ineligible for future contract awards under this part; and (ii) Indian Affairs may consider termination for default if it is in the best interest of the government. (End of clause)

4. 1452.280-3 Subcontracting Limitations (July 2013)

(a) Definitions as used in this clause.

(1) Concern means any business entity organized for profit (even if its ownership is in the hands of a nonprofit entity) with a place of business located in the United States or its outlying areas and that makes a significant contribution to the U.S. economy through payment of taxes and/or use of American products, material and/or labor, etc. It includes but is not limited to an individual, partnership, corporation, joint venture, association, or cooperative. For the purpose of making affiliation findings (see 19.101) any business entity, whether organized for profit or not, and any foreign business entity, i.e., any entity located outside the United States and its outlying areas.

(2) Subcontract means any agreement (other than one involving an employer-employee relationship) entered into by a Government prime contractor or subcontractor calling for supplies and/or services required for performance of the contract, contract modification, or subcontract.

(3) Subcontractor means a concern to which a contractor subcontracts any work under the contract. It includes subcontractors at any tier who perform work on the contract.

(b) Required Percentages of work by the concern. The contractor must comply with FAR 52.219-14 Limitations on Subcontracting clause in allocating what percentage of work to subcontract. Of the work subcontracted, no more than 50 percent may be subcontracted to a concern other than a responsible Indian economic enterprise.

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

(d) Cooperation. The contractor must: (1) Carry out the requirements of this clause to the fullest extent; and (2) Cooperate in any study or survey that the CO, Indian Affairs, or its agents may conduct to verify the contractor's compliance with this clause.

(e) Incorporation in Subcontracts. The contractor must incorporate the substance of this clause, including this paragraph (e), in all subcontracts for supplies, services, and construction awarded under this contract.

5. 52.212-4 Contract Terms and Conditions—Commercial Items (December 2014)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights— (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall— (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the— (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if— (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract.