A15PS00442.doc

Solicitation No. A15PS00442 Engineering Services – BIA, GPRO, Aberdeen, SD

COMBINED SYNOPSIS/SOLICITATION:

THIS SOLICITATION IS A 100% SET-ASIDE FOR INDIAN ECONOMIC ENTERPRISES IN ACCORDANCE WITH THE BUY-INDIAN ACT (25 USC 47). Please refer to the Buy Indian Act Clauses and Provisions as contained within this solicitation for details concerning Buy Indian Set-Asides. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This procurement is being conducted under Simplified Acquisition Procedures pursuant to the authority of FAR Subpart 13.5, Test Program for Certain Commercial Items (10 U.S.C. 2304(g) and 2305 and 41 U.S.C. 3305, 3306, and chapter 37, Awarding of Contracts), and FAR Part 12, Acquisition of Commercial Items (Title VIII of the Federal Acquisition Streamlining Act of 1994 (Public Law 103-355)). This announcement constitutes the only solicitation; therefore, a written solicitation will not be issued. The Bureau of Indian Affairs (BIA), Great Plains Regional Office, Aberdeen, SD intends to award a firm-fixed price commercial item contract in response to this Request for Quotation (RFQ) for Temporary Help Services for one (1) Mechanical Engineer/Project Manager; one (1) Civil Engineer/Project Manager; and Optional Architect/Engineer and/or Project Manager. The duties will be performed in Aberdeen South Dakota. The solicitation documents and incorporated provisions & clauses are those in effect through Federal Acquisition Circular FAC 2005-81 Effective April 10, 2015. The associated North American Industry Classification System (NAICS) code is 561320, Temporary Help Services.

This solicitation will result in a firm fixed price contract pursuant to the terms and conditions set forth in this solicitation.

PURPOSE OF THE CONTRACT: Temporary Engineering Help Services for the Bureau of Indian Affairs, Office of Facilities Management & Construction, Great Plains Regional Office. The contractor shall provide services in accordance with the Statement of Work included in this solicitation document.

PERIOD OF PERFORMANCE: The period of performance will be for a period of 1 year from the start date of selected contractor, with a 6 month option to extend.

SYSTEM FOR AWARD MANAGEMENT (SAM): Vendor must be registered in System for Award Management (SAM) at www.sam.gov to be eligible for award of the contemplated contract. Please include your active DUNS number with your quote.

QUOTE SUBMISSION INFORMATION: Quote Submissions must include the following items:

1. Sections 17a, 30a, 30b and 30c completed per the attached SF 1449 document.

2. Pricing schedule completed as located in Section B – Supplies or Services and Prices/Costs as included in this solicitation document.

3. Completion of clause number 1452.280-2 Notice of Indian Economic Enterprise Set-Aside (IEE)(page I-5 in this solicitation document) and completion of provision number 1452.280-4 Indian Economic Enterprise Representation (page I-8 in this solicitation document).

4. Fill in contact person in section G, page G-1.

5. Complete Section K, Reps & Certs.

QUOTES FOR THE ABOVE SHALL BE E-MAILED DIRECTLY TO: Anita Brewer, Contract Specialist, at anita.brewer@bia.gov. Quotes must be received by 4:00 PM Central Time on May 21, 2015.

TABLE OF CONTENTS

PART 1 – THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C

DESCRIPTION / WORK STATEMENT

SECTION D – PACKAGING AND MARKING

Not Used

SECTION E – INSPECTION AND ACCEPTANCE

E.1 52.246-4 Inspection of Services – Fixed Price

SECTION F – DELIVERIES OR PERFORMANCE

F.1 52.242.15 Stop-Work Order

F.2 52.242-17 Government Delay of Work

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 Government Points of Contact

G.2 Contractor POC (fill-in)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 DOI Electronic Invoicing

H.2 Contractor Performance Assessment Reporting System

H.3 Security Background Check

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 52.252-02

Clauses Incorporated by Reference

I.2 1452.226-70 Indian Preference – Department of the Interior

I.3 1452.226.71 Indian Preference Program – Department of the Interior

I.4 1452.228-70 Liability Insurance – Department of the Interior

I.5 1452.280-02 Notice of Indian Economic Enterprise Set-Aside (IEE)

I.6 1452.280-03 Subcontracting Limitations

I.7 1452.280-04 Indian Economic Enterprise Representation

I.8 52.204-13

System for Award Management Maintenance

I.9 52.212-01 Instructions to Offerors – Commercial Items

I.10 52.212-04 Contract Terms and Conditions – Commercial Items

I.11 52.212-05 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items

I.12 52.215-08 Order of Precedence – Uniform Contract Format

I.13 52.217-08 Option to Extend Services

I.14 52.232-01 Payment

I.15 52.232-25 Prompt Payment

I.16 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

I.17 52.249-08 Default (Fixed-Price Supply and Service)

I.18 52.252-06 Authorized Deviations in Clauses

PART III – DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

Not Used.

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.212-03 Offeror Representations and Certifications – Commercial Items

K.2 52.222-22 Previous Contracts and Compliance Reports

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

L.1 52.204-07 System for Award Management

L.2 52.216-01 Type of Contract

SECTION M – EVALUATION

M.1 52.212-02 Evaluation – Commercial Items

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1

SCHEDULE

(a) Award is made on the following schedule(s).

(b) The schedule is subject to the terms and conditions of this contract.

The quoted pricing on each of the line items contained in this solicitation must be all inclusive (to include but not be limited to travel, lodging, per diem, fringe benefits, federal, state and local taxes) plus all other costs pertinent to the performance of this contract. The overtime quantity is an estimate, only actual overtime hours worked will be compensated for. The Optional position(s) quantity is also an estimate, the 320 hours is a minimum.

Estimated hours

Estimated hours

TOTAL ITEMS 001 through 005

SECTION C – DESCRIPTION / WORK STATEMENT

STATEMENT OF WORK – OFMC Great Plains

WORK SITE LOCATION:

Department of Interior (DOI), Bureau of Indian Affairs (BIA), Great Plains Regional Office

OFMC (Office of Facilities Management & Construction)

Federal Building

115 4th Avenue SE., Suite 400

Aberdeen, South Dakota 57401

INTERDISCIPLINARY POSITIONS:

(1) Mandatory: Mechanical Engineer/Project Manager Position: Contracted position for a period of one year with a six-month renewable option.

(2) Mandatory: Civil Engineer/Project Manager Position: Contracted position for a period of one year with a six-month renewable option.

(3) Optional: Interdisciplinary Architect/Engineer &/or Project Manager Position(s): Temporary contracted positions in disciplines as determined by OFMC-Great Plains (and approved for funding by the Great Plains Regional Director) for shorter specified periods of time as needed.

A. INTRODUCTION

The contracted work will be performed for the Bureau of Indian Affairs (BIA), Office of Facilities Management and Construction, Great Plains Region, (OFMC-Great Plains), in Aberdeen, SD. Although the centralized coordination for the contracted work will take place at the Aberdeen location, the nature of the contract performance will require extensive travel to all sixteen reservation locations in the Great Plains Region (North Dakota, South Dakota, and Nebraska). All reporting and contract assignments will be coordinated with the OFMC-Great Plains Branch Chief.

The mission of the BIA is to enhance the quality of life, to promote economic opportunity, and to carry out the responsibility to protect and improve the trust assets of American Indians, Indian tribes, and Alaska Natives. This is accomplished through the delivery of quality services, maintaining government-to-government relationships within the spirit of Indian self-determination. The mission of OFMC is to ensure the efficient and effective stewardship of resources for new construction, renovation, and maintenance of Bureau funded facilities.

The Region's Facility Management Program (FMP) is the second largest and most complex program of the Bureau of Indian Affairs, with responsibilities including design, construction, improvement, construction repair, renovation, operation and maintenance (O&M) for over 1,500 buildings encompassing 6,300,000 square feet of federal facilities and federally funded tribal schools in the Great Plains Region on the sixteen different Indian Reservations, serving the sixteen different Tribes of the Great Plains Region in the states of South Dakota, North Dakota and Nebraska. A significant percentage of the Region's facilities are located in the severe cold weather climate areas of the States of North and South Dakota. The aging of the Region's facilities inventory combined with the growing amounts of deferred maintenance (from chronic national facilities O&M budget constraints) increasingly challenge the operation of the FMP.

The Branch of Facility Management manages and performs major design and construction projects in the Region; prepares, coordinates and designs projects, including plans, specifications and cost estimates, covering new construction, and alterations. The Branch of Facility Management is also responsible for monitoring, inspecting, and providing technical assistance to the field in the Operation and Maintenance (O&M) of these facilities, performing program reviews, safety abatement plan validation, technical assistance, oversight and trouble-shooting of the O&M plans of fields' FMPs. The Branch of Facility Management is divided into four Sections: (1) Architecture, (2) Engineering, (3) Technical Support and (4) Operations. The Architecture, Engineering and Technical Support Sections execute the regional office level FMP design and construction programs for the region. The Operations Section performs the regional office level functions of the FMP operations and maintenance programs for the region.

The types of facilities in the Region include numerous large K-12 schools, two and three story offices and dormitories, law enforcement centers & jails, bus garages and shops, warehouses and all associated site utilities spread throughout the three state region.

Assigned projects can vary widely in scale, with some taking as little as an hour, some less than a day, and some weeks or months involving construction costs upwards of $5 million dollars.

B. MAJOR DUTIES AND RESPONSIBILITIES

The contractor will provide, minimum, two Engineers for project assignments by the OFMC-Great Plains staff. The contract also allows for optional provision of additional architects or engineers or project managers on a project-by-project basis. Contractor should provide an hourly rate for the services of optional project management services. If the Government requests an optional architect/engineer/project manager, the minimum amount of service requested will be 320 hours per optional contractor staff person requested.

At the time of assignment, the OFMC-Great Plains Branch Chief will provide an estimated timeframe for completion. Contractor, at that time or any other time that unanticipated issues arise which may affect performance within the time frame, may request adjustments to the timeframe. Contractor must be capable of providing project management services equivalent to that of an OFMC professional project manager with skills and abilities which meet DOI and BIA project management enterprise standards. Contracted staff must work with other Federal, state, and local agencies, and outside regulatory and service entities concerned with area of expertise. Responsibilities include assigned projects related to the repair and maintenance, renovation; conversion, or modernization of existing BIA or tribally owned facilities throughout Indian Country. The contracted employee may perform or assist in performing the following duties:

1. Project Management Services Requirements

General

· Ensures compliance with contractual requirements related to the scope of services, schedule, budgetary and performance time requirements. Establish orderly project files consistent with OFMC Great Plains’ practices.

· Uses standardized project management tools such as the Project Management Information System tool, which provides a repository of project data, performance, and status reports, and which is linked to Capital Planning information.

· Contracted staff persons must comply with GSA Federal Management Regulation Title 41 CFR Part 102-74 Subpart C, 5 CFR 930, and the Department of the Interior’s Motor Vehicle Operation Policy 485 DM 16, which is applicable to contractors. See attachments.

Specific Project Types

· Provides expertise or technical assistance for Operations and Maintenance (O&M) programs to include Preventive Maintenance, Unscheduled and Deferred Maintenance, Telecommunications Tower repair, Boiler Repair, etc., as assigned.

· Participates in Program Reviews, provides engineering expertise for Energy Program, and other Specialty programs. Performs onsite inspections and evaluations of physical facilities to determine actual condition, functional adequacy and code compliance.

· Performs Project Management duties: Develops project management plans and fiscal phases and schedules; provides preliminary project budget estimates in accordance with Project Management Institute standards and best practices, and GAO guidance on cost estimating.

· Analyzes new space requests and provides documentation for compliance for inclusion into the new space listing.

· Prepares Program of Requirements and General Engineering Requirements, which describe the functional and special requirements for a facilities construction project.

· Reviews preliminary and final architectural/engineering drawings specifications and estimates prepared by A/E and environmental consulting contractors to determine generally if design objectives and contract requirements have been met.

· Evaluates designs for safety and health codes and standards compliance, economy of design solutions, constructability, and functionality.

· Monitors repair and improvement projects for BIA organizations. Ensures that project reporting is accurate, timely and complete.

· Participates in the review of bids, contractor's cost and technical proposals, contract negotiations, dispute and claims resolution and technical discussions with contractors.

· Conducts interim inspection of repair and improvement work in progress as well as final inspections. Recommends final acceptance of construction work and prepares contract closeout documents.

· Provide technical assistance to tribes and to other BIA organizations relative to the buildings and utilities program as assigned.

Knowledge and Credentials Required

Thorough knowledge of the fundamental engineering/architectural principles, concepts and practices, which constitute the core of knowledge, required of the construction program acquired by a Bachelor's degree in engineering or architecture, supplemented by extensive experience in the field (including a current applicable professional registration for Engineering or Architect positions). Acceptable project manager credentials will be negotiated on a case-by-case basis. Mastery of engineering concepts, principles, and practices sufficient to permit the incumbent to serve as the technical and business manager of designated building projects. These requirements apply to mandatory and optional project management services.

· Expert knowledge of Federal law, policy and regulations pertaining to the Facility Management, engineering and construction industry, and as well as industry codes and standards to monitor program compliance; such as Environmental, National Historic Preservation, Antiquities Act, National Energy Act and Self-Determination laws as they apply to the Bureau's facilities repair and improvement program. Knowledge of concepts, principles, and practices of facilities planning, architecture and engineering sufficient to serve as a skilled professional for the development of building Program of Requirements (PORs), drawings and specification for use in repair and improvement projects involving existing sites and structures.

· Demonstrated knowledge of the Project Management Body of Knowledge; PMI PMP certification or accreditation in PMI/PMBOK is preferable.

· Experience in Construction Project Management is required, to include experience with PMI best practices, internal controls, project status reporting, management decision making, and documentation in accordance with defined and accepted standards.

· Knowledge of and ability to use and interpret established laws, statutes, ordinances, codes and standards, policies and regulations related to facility Operations and Maintenance, environmental remediation, and/or demolition.

· Knowledge of repair and improvement standards set forth by OSHA, National Fire Codes (NFPA and NFPA 5000), NEC, UPC, UMC, ADA/ABAAG, AHERA, 25 BIAM, 80 IAM, and ASME standards applicable to construction and O&M of facilities.

· Knowledge and competence in reading, interpreting, and preparation of working drawings and specifications for buildings.

· Ability to develop and implement nationwide Energy savings and improvements for facilities based on National, DOI and BIA guidance.

· Ability to use the Project Management Information System (PMIS) tool which acts as a repository of project data, performance, and status reports, and is an interface to DOI standard platform, and a link to Capital Planning information.

· Ability to use established DOI and BIA systems and performance metrics, such as Earned Value Management data, to analyze information and update accurate and timely project performance and progress and to provide this information to senior officials as needed, either orally or in report format.

· Demonstrated skill in establishing effective interpersonal relationships, and negotiating with supervisors and managers, tribal officials, and A/E firms and contractors on complex and controversial matters in order to interpret information and develop projects, which define and serve tribal needs.

· Ability to communicate effectively, orally, and in writing to present project reports and overall reporting to the OFMC-Great Plains Branch Chief as well as to senior officials of DOI, BIA, OMB, Congressional staff, and/or contractors, as assigned.

2. Reporting

Contractors receive deliverable assignments and provide deliverable reporting to the Regional Facilities Manager, OFMC-Great Plains, who makes assignments within broad limitations. The contractors are permitted wide latitude to exercise independent judgment and initiative in planning and coordinating projects of regional scope and complexity. The contractors plan, coordinate, and implement BIA facilities repair and improvement projects, using all approved Federal resources available for reports and reconciliation. Completed work is reviewed primarily for meeting the overall objectives of the BIA/OFMC-Great Plains and the Department. Results of the work are considered technically authoritative and accepted without significant changes.

3. Guidelines

Guidelines include Operations and Maintenance laws, regulations, and policies such as 80 IAM, 46 BIAM, and other guidance. OFMC and the Division of Safety and Risk Management (DSRM) both issue applicable federal health and safety codes and standards. In addition, the Project Management Institute's (PMIs), "Guide to the Project Management Body of Knowledge (PMBOK)" provides project management guidance and the "GAO Cost Assessment Guide" provides cost estimating guidance. There are government wide standards in the Project Management Information System (PMIS) templates. In addition, the incumbent has direction from the DOI, BIA, Congress, Office of Management and Budget (OMB), General Accounting Office (GAO), and Federal Operations and Maintenance guidance and standards in implementing priorities for repair and improvement of facilities. Guidelines are often broadly stated and may not adequately deal with basic program development or technical problems to meet new policy goals and objectives. Specific guidance can be provided upon request.

C. SCOPE

The Contractor will deploy 2 professional engineers to provide project management services for the Great Plains Region (ND, SD, and NE) for a period of 1 year, with a 6 month option to renew. Each engineer must possess a current P.E. registration. Additionally, all contracted staff must either possess a suitable Federal background check at the time of submitting a bid proposal or outline within the proposal prior to the start of the contract, the timeline for them to attain such Federal background clearance. The Contractor shall timely alert the Contracting Officer’s Technical Representative (COTR) identified below to provide all pertinent information regarding proposed contractor staff persons for the purpose of securing Federal background clearance, if necessary. The COTR will promptly provide the forms and list of information/documents necessary to submit to initiate the background clearance. The COTR will notify the Contractor once background clearances are either secured or else resulted in adverse findings which would require the Contractor to propose an alternative.

Any mandatory contractor employees providing project management must remain on location for not less than 6 months within the contract period, due to the long-term nature of project management on construction, design, and repair projects. Any mandatory staff exiting earlier than the full term of the contract must be replaced by an incoming employee who arrives no later than one month prior to the departure of the employee they are replacing to ensure orderly project transitions. The contract contemplates the possibility that one replacement might occur during the first full year for each mandatory position and the government will pay the cost of the one month overlap of outgoing and associated incoming replacement; however, all additional replacements (unless specifically requested by the government) per mandatory engineering position beyond the one contemplated as possible during the first year will alleviate the government’s reimbursement of the overlapping incoming replacement. Local travel (within the Great Plains Region) for assigned projects can be billed for per diem and mileage at the government rate as allowable expenses under this contract for those providing both mandatory and optional project management services.

The Contractor will work directly with the OFMC-Great Plains Branch Chief and any additional contacts identified by BIA to ensure that services are in line with BIA expectations.

Each of the two engineers will work a minimum of 40 hours per week and up to an additional 20 hours per week of overtime related to local travel for assignments that extends beyond the regular work day and possibly into the weekends.

D. TASKS

Contractors must also perform the following tasks and include a description of the specific approach for each task. Contractors may propose additional tasks that will support the project objectives.

1. Develop Staffing and Work Plan:

The staffing plan should first be provided in draft form so the BIA Agency can provide comments. Final draft should include BIA Agency comments and will continue to be a working document. The staffing plan should include the following:

a) List of architect and engineer assigned to work on the contract (including possible staff under the optional portion of the contract), including their respective credentials;

b) Assignment dates and length of commitments;

c) Work schedules and, once assigned, project due dates;

DELIVERABLES

(Calendar Days)

1. Project Management

b) Provide a monthly summary which includes that week’s status and progress reporting (work and staffing plan) as well as summaries of all projects completed during the month.

Weekly

Monthly

Within 30 days of contract termination

E. GOVERNMENT RESPONSIBILITIES

A.

Space and Utilities. The government will provide the space and utilities for all the contractor’s mandatory staff and also for each optional contract project manager/architect/engineer requested by the government for the duration of each optional term of service. It is anticipated that most work will be performed at table settings with adequate lighting and climate controls.

B.

Work Station. The government will provide sufficient Work Stations, to include desk and/or table, chair, etc. for each of the contractor’s staff as described in Section A of “Government Responsibilities” above.

C.

Supplies and Materials. The Government will provide the supplies and materials necessary to support this contract.

D. Office Equipment. The Government will provide the following equipment to support this contract:

1. Copy Machines

2. Fax Machine

3. Computer, Printer, and Software for each of the contractor’s staff (minimum two) as described in Section A of “Government Responsibilities” above.

4. Scanner

5. Telephone land lines for each of the contractor’s staff (minimum two) as described in Section A of “Government Responsibilities” above at the Aberdeen location as described in Section A “Introduction” above. All those providing project management services must provide their own cell phone for communication purposes and provide those numbers to the OFMC-Great Plains Branch Chief.

F. PERIOD OF PERFORMANCE

The period of performance for these provisions of service is one year (from the date the first mandatory engineer reports to reports for their first project assignment with OFMC-Great Plains) with an option to renew an additional six months.

G. QUALITY CONTROL

The Contractor shall be responsible for the quality of services provided under the contract, to include those provided by subcontractors, in accordance with acceptable quality performance levels. The Contractor shall re-perform work at no cost to the Government that does not substantially meet the contract requirements, unless otherwise directed by the Contracting Officers Technical Representative identified below.

H. CONTRACTING OFFICERS TECHNICAL REPRESENTATIVE

The Government’s Contracting Officer’s Technical Representative (COTR) for this contract, (COTR) will be the primary contact between the Contractor and the Government’s Contracting Officer. The COTR will be responsible for monitoring assessing and reporting on the performance of the Contractor. The COTR will notify the Contracting Officer, in writing, when there is major shift and/or change in any of the requirements. The government will provide sufficient lead time for the Contractor to adjust to such changes.

The COTR’s name and address is:

Jolene Zahn, COTR

OFMC – Great Plains

115 4th Ave., SE, Suite 400

Aberdeen, South Dakota 57401

605-226-0877

I. BILLING PROCEDURES

The contractor will submit itemized invoices and vouchers at monthly intervals and will follow the format established for the Schedule of Costs. The Contractor will invoice only those expenses in the Schedule of Costs. The Contractor will provide to the COTR one original invoice per month and also submit their payment request through the government’s Invoice Processing Platform (IPP). See Clause: DOI Electronic Invoicing.

If any discrepancies are found on the invoice, the IPP invoice will be rejected within 7 days from the date of receipt in IPP. Once corrections are made the Contractor will be required to resubmit the corrected invoice to the COTR and in the IPP.

J. OFFICE SCHEDULE

The Contractor shall attempt to perform the majority of the work on normal government workdays and avoiding all legal Federal holidays to facilitate any needed communication and support from the government personnel integral to successful completion of assigned projects.

The Government’s Core Hours are between 9 a.m. and 3:30 p.m. and many Government employees report to work within a range from 7:00 a.m. - 6:00 p.m. The Contractor must provide a 40 hour work schedule (with flexible hours allowed) to facilitate the needed communication and support described above. If those providing project management services pursuant to this contract will be unavailable during time periods described in the agreed upon work schedule, as a courtesy, those providing project management services or the Contractor should notify OFMC management by 9 a.m. regarding absences.

SECTION D – PACKAGING AND MARKING

NOT USED

SECTION E – INSPECTION AND ACCEPTANCE

(a) Definition: “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may --

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may --

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

SECTION F – Deliveries or Performance

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either --

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if --

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(a) If the performance of all or any part of the work of this contract is delayed or interrupted

(1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or

(2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) 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; and

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

SECTION G – CONTRACT ADMINISTRATION DATA

G.1.

Government POC for Contractual Matters

Anita Brewer

Contract Specialist

Bureau of Indian Affairs

Great Plains Regional Office

115 4th Avenue SE, Suite 400

Aberdeen, SD 57401

Phone: 605-226-7745 anita.brewer@bia.gov

Government POC for Technical Matters

Jolene Zahn Bureau of Indian Affairs Great Plains Regional Office

115 4th Ave SE, Suite 400

Aberdeen, SD 57401

Phone: 605/226-7343

Fax: 605/226-7446

Diane.mann-klager@bia.gov G.2 Offerors are requested to designate a person who will be in charge of the overall administration of this contract.

Name:

Title:

Address:

Telephone:

E-Mail Address:

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.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:

Scanned Invoice(s)

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.

H.2

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING

JULY 2010

SYSTEM (CPARS)

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

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

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

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

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

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

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

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

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

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

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

H.3

SECURITY BACKGROUND CHECK

Contractor Personnel Security and Suitability Requirements

In accordance with 25 U.S.C. 3201 (P.L. 101-630), Indian Child and Family Violence Prevention Act; 42 USC 13041, Crime Control Act of 1990; 441 Department Manual, Personnel Security and Suitability Requirements all positions with duties and responsibilities involving regular contact with or control over Indian children are subject to a back ground investigation and determination of suitability for employment.

Performance of this contract may require contractor personnel to have a Federal government-issued personal identification card before being allowed unsupervised access to a facility. The Contracting Officer's Technical Representative (COTR) will be the sponsoring official, and will make the arrangements with BIA/BIE Personnel Security for personal identity verification and card issuance.

Accordingly, the Project Foreman positions require a favorable screening (applicant and suitability) determination made by the Bureau of Indian Education (BIE), or the Bureau of Indian Affairs (BIA) Personnel Security and Suitability Program.

The project Foreman, it employees, or persons granted a favorable screening, shall be on the site during all construction. All contractor's employees and sub-contractor employees shall not have direct or indirect contact with any student Contractor personnel who occupy positions required under this contract, and may be required to submit to suitability clearance procedures. When suitability clearance is required, contractor personnel shall not commence work under the contract until the COTR receives written confirmation that the proposed contractor staff has been favorably screened. Upon completion of the screening, the BIA/BIE Personnel and Physical Security Program Office will schedule a Background Investigation (Bl) with the Office of Personnel Management (OPM).

The information collected during this effort is considered unclassified, sensitive; therefore, Level 6C - High Risk Public Trust, is the sensitivity level. Background Investigations are required for Level 6C positions.

Contractor employees to whom these provisions are applicable may begin work before the background investigation is completed; however, if the employees do not meet the clearance requirements, the contractor will identify replacement staff to meet the statement of work requirements.

At least two weeks before start of contract performance, the Contractor will identify all contractor and subcontractor personnel who will require [physical and/or logical] access for performance of work under this contract. The Contractor must make their personnel available at the place and time specified by the COTR in order to initiate screening and Background Investigations.

The following forms, or their equivalent, will be used to initiate the credentialing process:

· OPM Standard Form 85 or 85P

· OF 306

· Fingerprint card (local procedures may require the fingerprinting to done at a police station; in this case, any charges are to be borne by the contractor)

· Release to Obtain Credit Information

Contractor employees are required to give, and to 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 agrees to make them available for such contact.

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. Provide the COTR with documentation that supports the individual's status.

During performance of the contract, the Contractor will keep the 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 COTR and Issuing Office within 24 hours.

Replacement will be at the contractor's expense. If re-issuance of expired credentials is needed, it will be coordinated through the COTR.

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

Before starting work under this contract, a National Agency Check (NAC) will be conducted to verify the identity of the individual applying for clearance. Upon successful completion of the NAC process, an identification card will be issued (if appropriate) and access granted. Simultaneously, a NAC with Inquiries (NACI) will be initiated to determine the individual's suitability for the position. If the NACI adjudication is favorable, nothing more needs to be done. If the adjudication is unfavorable, the credentials will be revoked. 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.

This requirement must be incorporated into any subcontracts that require subcontractor personnel to have regular and routine unsupervised access to a Federally controlled facility for more than 180 calendar days or any unsupervised access to a Federally controlled Level 3 or 4 information system.

PART II – CONTRACT CLAUSES

secTION I -- Contract Clauses

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

https://www.acquisition.gov/far/ http://www.doi.gov/pam/diapr.html