Sections_B_-_L.rtf

TABLE OF CONTENTS

1. SECTION B SUPPLIES OR SERVICES AND PRICES

Quote Schedule

2. SECTION C DESCRIPTIONS / SPECIFICATIONS

Statement of Work

3. SECTION F DELIVERIES OR PERFORMANCE

52.242-15 Stop-Work Order August 1989

4. SECTION G CONTRACT ADMINISTRATION DATA

5. SECTION I CONTRACT CLAUSES

6. SECTION J LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

DOI POLICY – Prohibition on Texting While Driving

7. SECTION K REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS

8. SECTION L INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

SECTION B SUPPLIES OR SERVICES AND PRICES RFQ A15PX00637

Contractor_______________________________________ Email Address__________________________________

DUNS#___________________________________ Phone#___________________________________

Quote Pricing Instructions:

(a) The quote price is to be inclusive of all costs for the requirement, including but not limited to, all applicable taxes (Federal & State), FOB Destination shipping costs, etc.

(b) Quoters are to submit (with this Quote Schedule) the Required Submission under 1452.280-2 (c) / Page 16 / SECTION K.

(c) Quoters are responsible to contact their State Dept. of Revenue to obtain the appropriate taxes to be applied to their quote - NO EXCEPTIONS.

REQUIREMENT: Transformers, Regulators, and Transformer Pad

QUOTE SCHEDULE

1. Five (5) Each 25 kVA Pad Mount Transformers $_______________ x 5 = $__________________

2. Six (6) Each 1 kVA Micro Pole Mounted Transformers $_______________ x 6 = $__________________

3. Eleven (11) Each 15 kVA, Pole Mounted Transformers $_______________ x 11 = $__________________

4. Eighteen (18) Each 25 kVA, Pole Mounted Transformers $_______________ x 18 = $__________________

5. Twelve (12) Each 37.5 kVA Pole Mounted Transformers $_______________ x 12 = $__________________

6. Thirteen (13) Each 50 kVA Pole Mounted Transformers $_______________ x 13 = $__________________

10. Fifteen (15) Each Voltage Regulator Bypass Switches $_______________ x 15 = $__________________

11. One (1) Each Preformed Concrete Transformer Pad $_______________ x 1 = $__________________

TOTAL QUOTE AMOUNT $______________________

SECTION C DESCRIPTIONS / SPECIFICATIONS

STATEMENT of WORK

STANDARD SPECIFICATIONS

The Transformers and Voltage Regulators (hence forth referred to as equipment) shall be UL Classified/Listed. The equipment will conform to NEMA, IEEE and ANSI Standards for design and construction of transformers. The transformers shall also comply with Section 450.23, 2008 NEC requirements and also meet or exceed DOE 2010; Final Ruling, 10 CFR Part 431.

GENERAL

The equipment shall be rated for operation on a 12.47/7.2 kV system. The climate is generally hot desert conditions with temperatures peaking at 54° C. Equipment will meet or exceed 65° C Rise, Mineral Oil with ONAN (Oil Natural Air Natural) or OISC (Oil Immersed Self Cooling) where applicable, 95 kV BIL, tank grounding provisions, lifting lugs and or hanger brackets, automatic pressure relief valve, permanently attached laser engraved nameplate.

SCOPE

The purpose of this SOW is to supply CRAES with Distribution Transformers, Voltage Regulators with Voltage Regulator Bypass Switches and a Preformed Concrete Transformer Pad. The Contractor shall perform to the standards in this contract. This contract requires the contractor to deliver, FOB, the following equipment:

Task I – Distribution Transformers Task II – Voltage Regulators with Voltage Regulator Bypass Switches Task III – Preformed Concrete Transformer Pad

The contractor shall submit all documentation regarding the products for review and approval by appropriate government personnel prior to preparation and issuance in final, in accordance with the terms and conditions of the contract.

EQUIPMENT DESCRIPTIONS

This section describes the equipment within the SOW contract. The Contractor shall deliver the defined equipment, FOB, in accordance with the specified requirements.

Task I – Distribution Transformers

After the schedule has been approved the contractor shall furnish Five (5) 25 kVA Pad Mount Transformers

Six (6) 1 kVA Micro Pole Mounted Transformers Eleven (11) 15 kVA, Pole Mounted Transformers Eighteen (18) 25 kVA, Pole Mounted Transformers Twelve (12) 37.5 kVA Pole Mounted Transformers Thirteen (13) 50 kVA Pole Mounted Transformers Two (2) 300 kVA Three Phase T Connected Overhead Transformers One (1) 750 kVA Three Phase Pad Mount Transformer.

The contractor shall provide the identified quantity per specifications listed below. The supplied equipment shall meet or exceed these specifications.

SUBMITTALS

The following data shall be submitted with the proposal:

Percent Impedance

Typical record drawings Approval drawings (furnished at time of order) Final record drawings (furnished at time of shipment)

Specifications Transformer Type Single Phase Pad Mount Transformer

Quantity

KVA Rating 25 kVA

Secondary Output Voltage 120 / 240 V

Transformer Protection Bay-O-Net Expulsion Fuse with Flapper Valve

Transformer Design Style MaxiShrub

Paint Finish Transformer shall be painted ANSI 70 Gray. The coating system shall meet or exceed IEEE Std C57.12.31-2010 standard coating system requirements for pole -mount equipment, including the following performance tests:

1. Salt spray test per ASTM B117 / D1654

2. Cross hatch adhesion test ASTM D3359

3. Humidity test per ASTM D4585 / D3363

4. Impact test per ASTM D2794 / B1117

5. Ultraviolet accelerated weathering (QUV) test per ASTM G154 / D523

6. Abrasion resistance Taber abraser test per ASTM D4060 / B1117

High Voltage Bushings ALL bushings must be supplied with each Unit

Low Voltage Bushings

Tap Changer NO LOAD Externally Operated Tap Changer with +/-2.5 % steps

The tap changer switch shall be an externally operated switch with a hotstick-operable handle. The tap changer shall be clearly labeled to reflect that the transformer must be de-energized before operating the tap changer as required in Section 3.3 of ANSI C57.12.26. Taps shall be provided on the higher voltage of dual voltage primary units.

Identifications Minimum 3 inch Black Stenciled Numbers Identifying KVA

Micro Pole Mounted Transformer

1 kVA

Conventional “S”

Transformer shall be painted ANSI 70 Gray. The coating system shall meet or exceed IEEE Std C57.12.31-2010 standard coating system requirements for pole -mount equipment, including the following performance tests:

1. Salt spray test per ASTM B117 / D1654

2. Cross hatch adhesion test ASTM D3359

3. Humidity test per ASTM D4585 / D3363

4. Impact test per ASTM D2794 / B1117

Arrestor Arrestor Bracket

Single Phase Pole Mount

15 kVA

25 kVA

37.5 kVA

50 kVA

Conventional "S"

Transformer shall be painted ANSI 70 Gray. The coating system shall meet or exceed IEEE Std C57.12.31-2010 standard coating system requirements for pole -mount equipment, including the following performance tests:

1. Salt spray test per ASTM B117 / D1654

2. Cross hatch adhesion test ASTM D3359

3. Humidity test per ASTM D4585 / D3363

4. Impact test per ASTM D2794 / B1117

Speed Wrench Operable

NO LOAD Externally Operated Tap Changer with +/- 2.5 % steps The tap changer switch shall be an externally operated switch with a hotstick-operable handle. The tap changer shall be clearly labeled to reflect that the transformer must be de-energized before operating the tap changer as required in Section 3.3 of ANSI C57.12.26. Taps shall be provided on the higher voltage of dual voltage primary units.

WYE – WYE Three Phase T-connected Overhead Transformer

300 kVA

277 / 480 V

Conventional "S"

Transformer shall be painted ANSI 70 Gray. The coating system shall meet or exceed IEEE Std C57.12.31-2010 standard coating system requirements for pole -mount equipment, including the following performance tests:

1. Salt spray test per ASTM B117 / D1654

2. Cross hatch adhesion test ASTM D3359

3. Humidity test per ASTM D4585 / D3363

4. Impact test per ASTM D2794 / B1117

NO LOAD Externally Operated Tap Changer with +/- 2.5 % steps The tap changer switch shall be an externally operated switch with a hotstick-operable handle. The tap changer shall be clearly labeled to reflect that the transformer must be de-energized before operating the tap changer as required in Section 3.3 of ANSI C57.12.26. Taps shall be provided on the higher voltage of dual voltage primary units.

WYE – WYE Three Phase Pad Mount Transformer

750 kVA

277 / 480 V

Bay-O-Net Expulsion Fuse with Flapper Valve

Transformer shall be painted ANSI 70 Gray. The coating system shall meet or exceed IEEE Std C57.12.31-2010 standard coating system requirements for pole -mount equipment, including the following performance tests:

1. Salt spray test per ASTM B117 / D1654

2. Cross hatch adhesion test ASTM D3359

3. Humidity test per ASTM D4585 / D3363

4. Impact test per ASTM D2794 / B1117

NO LOAD Externally Operated Tap Changer with +/- 2.5 % steps The tap changer switch shall be an externally operated switch with a hotstick-operable handle. The tap changer shall be clearly labeled to reflect that the transformer must be de-energized before operating the tap changer as required in Section 3.3 of ANSI C57.12.26. Taps shall be provided on the higher voltage of dual voltage primary units.

Required Testing Standards

1. Polarity, Phase-Relation, and Ratio

2. Applied Voltage Test of the HV

3. Applied Voltage Test of the LV

4. Induced Potential Test

5. No-Load (Excitation) Loss and Excitation Current

7. Impedance Voltage and Load Loss

8. Full Wave and reduced wave Impulse

9. Continuity Check

10. Percent Impedance at rated current

11. Winding Resistance measurement tests

Test Report to be provided to CRAES upon delivery of transformers. Contractor must get prior approval from CRAES before transformers are shipped to CRAES. CRAES will deny shipment if test reports do not have prior approval.

Task II – Voltage Regulators with Voltage Regulator Bypass Switches

After the schedule has been approved the contractor shall furnish three (3) 57.2 kVA Voltage Regulators and fifteen (15) Voltage Regulator Bypass Switches.

The contractor shall provide the identified quantity per specifications listed below.

Regulator Type Pole Mounting Voltage Regulators

57.2 kVA

Controls CL - 7 with software with Motor and Power Supply

Transformer shall be painted ANSI 70 Gray. The coating system shall meet or exceed IEEE Std C57.12.31-2010 standard coating system requirements for pole -mount equipment, including the following performance tests:

1. Salt spray test per ASTM B117 / D1654

2. Cross hatch adhesion test ASTM D3359

3. Humidity test per ASTM D4585 / D3363

4. Impact test per ASTM D2794 / B1117

Clamp Type Connectors

Arresters External Series

± 10% raise/lower with 32 steps @ 5/8 %

Required Testing Standards

1. Polarity, Phase-Relation, and Ratio

2. Applied Voltage Test of the HV

3. Applied Voltage Test of the LV

4. Induced Voltage Test

5. No-Load (Excitation) Loss and Excitation Current

6. Circuit Breaker Test (for CSP transformers only)

7. Impedance Voltage and Load Loss

8. Full Wave Impulse

9. Continuity Check

Test Report to be provided to CRAES upon delivery of transformers. Contractor must get prior approval from CRAES before transformers are shipped to CRAES. CRAES will deny shipment if test reports do not have prior approval.

Regulator Type Voltage Regulators Bypass Switch

Voltage Rating

8.3 kV

Application 1 Single Phase Regulator, Single Phase 2 Wire

Current Rating 600 A

Momentary Amp Rating 40 kA in Closed Position, 30 kA in Bypass position

BIL

95 kV

Jaw Contact Reverse Loop - High Pressure Silver Plated Copper

Hinge Contacts Reduces Area - High Pressure Silver Plated Copper to Silver Plated High Conductivity bronze

Insulator ANSI Standard Station Post - 3" B.C.

Terminal Pads ANSI Standard two-hole, tinned to accept copper or aluminum terminals

Terminal Captive Terminal Bolts 1.75" Long, Stainless Steel

Parallel Groove Clamp, Bronze file_0.png file_1.wmf

Task III – Preformed Concrete Transformer Pad

After the schedule has been approved the contractor shall furnish one (1) Preformed Concrete Transformer Pad.

The contractor shall provide the identified quantity per specifications listed below.

Preformed Concrete Transformer Pad must be capable of supporting the weight of the 750 kVA WYE – WYE Three Phase Pad Mount Transformer

Pad

Length 8' - 0" Width 7' - 2" Depth 8"

Opening Length 60" Width 14"

Concrete Mix Specifications

1. Concrete mix used for Transformer Pads shall meet the following requirements:

• Minimum 28 day compressive strength of 3,000 psi

• Maximum water / cement ratio of 0.50

• Maximum slump of 4 inches

• Air-entrainment content between 4 and 8 percent

2. Concrete shall be afforded adequate cure for a minimum of :

• five (5) days if the ambient temperature is over 70° F, or

• seven (7) days if the ambient average temperature is below 70° F.

file_2.png file_3.wmf file_4.png file_5.wmf

STANDARDS

1.4 RELATED STANDARDS

A. All characteristics, definitions, and terminology, except as specifically covered in this specification, shall be in accordance with the latest revision of the following ANSI and NEMA standards.

1. C57.12.00 -IEEE Standard General Requirements for Liquid-Immersed Distribution, Power, and Regulating Transformers.

2. C57.12.26 - IEEE Standard for Pad-Mounted, Compartmental-Type, Self-Cooled, Three-Phase Distribution Transformers for Use with Separable Insulated High-Voltage Connectors (34500GrdY/19920 Volts and Below; 2500 kVA and Smaller).

3. C57.12.28 - Pad-Mounted Equipment - Enclosure Integrity.

4. C57.12.34 - IEEE Standard Requirements for Pad-Mounted, Compartmental-Type, Self-Cooled, Three-Phase Distribution Transformers (2500 kVA and Smaller) - High Voltage: 34500GrdY/19920 Volts and Below; Low-Voltage: 480 Volt 2500 kVA and Smaller. (issued in March 2005 - combines C57.12.22 and C57.12.26)

5. C57.12.90 - IEEE Standard Test Code for Liquid-Immersed Distribution, Power, and Regulating Transformers and IEEE Guide for Short-Circuit Testing of Distribution and Power Transformers.

6. C57.91 - Guide for Loading Mineral-Oil-Immersed Transformers.

7. This specification covers only the general requirements of the transformer.

WARRANTY

The contractor shall warrant or provide factory backed warranty of all products, materials, and workmanship for a minimum of three (3) years from the close out date of this contact.

HOURS OF OPERATION

The Contractor is responsible for providing services, between the hours of 0730 to 1630, Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

PLACE OF DELIVERY

The place of delivery will be FOB to the Colorado River Agency, Electrical Services 12000 First Avenue Parker, Arizona 85344.

SECTION F DELIVERIES OR PERFORMANCE

52.242-15 Stop-Work Order August 1989

(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.

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 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.

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 May 2015

(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