Sections_B_-_M.doc

TABLE OF CONTENTS

SECTION B -- Supplies or Services and Prices

SECTION C -- Descriptions and Specifications

SECTION E -- Inspection and Acceptance

SECTION F -- Deliveries or Performance

SECTION G -- Contract Administration Data

SECTION H -- Special Contract Requirements

SECTION I -- Contract Clauses

Suspended, or Proposed for Debarment August 2013

September 2013

Materials October 2010

April 1984

September 1996

SECTION J -- List of Documents, Exhibits and Other Attachments

SECTION K -- Representations, Certifications and Other Statements of Offerors

September 2007

SECTION L -- Instructions, Conditions and Notices to Bidders

Commercial Item Descriptions, FPMR Part 101-29 August 1998

Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST) April 2014

Construction February 1999

SECTION M -- Evaluation Factors for Award

SECTION B -- Supplies or Services and Prices

IFB A15PS00794

a.

ONLY SEALED BIDS SHALL BE ACCEPTED IN COMPLIANCE WITH SECTION L.

Bids submitted by fax, e-mail, telegraph or any other electronic means SHALL NOT be accepted.

Sealed bid packages are to be sent to the address provided in Block 8, SF 1442, Page 1 – DOI BIA Western Regional Office, Branch of Acquisition, Mail Stop 230, 2600 N. Central Avenue, Phoenix, AZ 85004-3050.

b.

The bid takes into consideration Amendments, called Addendum, to the plans and specifications, the receipt of which is acknowledged in the space provided on the reverse side of the Solicitation, Offer, and Award, Standard Form 1442 (Rev 4-85).

c.

Contract Award - SEE SECTION M, CLAUSE 52.214-19. Award will be made to the lowest responsive and responsible bidder with the lowest Bid Amount.

Before the contract is considered for award, the successful bidder must show they meet the standards for Responsible Prospective Contractor under FAR Part 9, Contractor Qualification in that the Government will consider the bidder's past performance records of conforming to specifications and to standards of good workmanship; adherence to contract schedules; including the administrative aspects of performance, the record of controlling costs under a fixed-price type contract; and commitment to customer satisfaction; and generally the bidder's business-like concern for the interest of the customer (Government). Successful bidder will be required to submit statements regarding his/her previous experience in performing capable work, a Small Business Sub Contracting Participation Plan, his/her business and technical organization financial resources, and staff available to perform this contract work.

(c) The bidders shall include in the bid items: (1) Hopi Tribe Costs (TERO, Environmental, Business License, etc.; (2) tax rate for Arizona Department of Revenue Tax; (3) bonds; (4) insurance; (5) all permits and fees required by BIA, State, Tribal, and Local municipalities. Failure to include these costs in bid item shall be considered non-responsive.

Before preparing and submitting bid, please read carefully the Section L Solicitations Provisions and fill in the Unit Price Schedule.

INSTRUCTIONS – UNIT PRICE BID SCHEDULE

a.

The Unit Price Bid Schedules are not to be altered.

b.

To be considered for award: A bid price must be provided for every item on Unit Price Bid Schedule A and Additive Schedules B, C, D & E, without alteration to the Schedules. Bids for less than all items shall be considered as nonresponsive and shall not be evaluated.

1.

Bidders shall complete Unit Price Bid Schedules A and Additive Schedules B, C, D, & E to be considered for award.

2.

Award shall be issued to the responsible Bidder with the lowest total amount for all Unit Price Bid Schedules.

3.

The Government intends to issue award for Unit Price Bid Schedule A; in compliance with FAR 52.214-19, the Government reserves the right to issue award for one or any combination of Additive Unit Price Bid Schedules B, C, D, & E.

c.

Quantities in the price schedule are estimated quantities for comparison of offers only. Except as provided in the contract clause at FAR 52.211-18, Variation in Estimated Quantity, no claim shall be made against the Government for overruns or underruns. The contract clause at FAR 52.211-18, Variation in Estimated Quantity does not apply to lump sum items.

d.

Definition:

CLIN - Contract Line Item Number.

CONTRACTOR____________________________________________ DUNS#______________________________

E-mail Address_____________________________________________ Phone # _____________________________

Unit Price Bid Schedule Pasture Canyon Dam Modifications Bid Schedule A

(Do not include unit cost for line items 4, 8, and 9 in project total.)

ADDITIVE Bid Schedule B

ADDITIVE Bid Schedule C

ADDITIVE Bid Schedule D

ADDITIVE Bid Schedule E

PROJECT BID PRICE SCHEDULE

SEction C -- Descriptions and Specifications

SECTION E -- Inspection and Acceptance

E.1 52.246-12 Inspection of Construction August 1996

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

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

(c) Government inspections and tests are for the sole benefit of the Government and do not-- (1) Relieve the Contractor of responsibility for providing adequate quality control measures; (2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance; (3) Constitute or imply acceptance; or (4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

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

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

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

(g) If the Contractor does not promptly replace or correct rejected work, the Government may-- (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor; or (2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

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

E.2 52.246-21 Warranty of Construction

March 1994

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of— (1) The Contractor’s failure to conform to contract requirements; or (2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall— (1) Obtain all warranties that would be given in normal commercial practice; (2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and (3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

SECTION F -- Deliveries or Performance F.1 52.211-10 Commencement, Prosecution, and Completion of Work

April 1984 The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than TWO HUNDRED SEVENTY FOUR (274) Calendar Days. The time stated for completion shall include final cleanup of the premises.

F.2 52.211-13 Time Extensions

September 2000

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

F.3 52.211-18 Variation in Estimated Quantity April 1984

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

F.4 52.219-14 Limitations on Subcontracting November 2011

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

(b) Applicability. This clause applies only to-- (1) Contracts that have been set aside or reserved for small business concerns or 8(a) concerns; (2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) concerns; and (3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for --

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

F.5 52.242-14 Suspension of Work April 1984

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

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed-- (1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and (2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

SECTION G -- Contract Administration Data

G.1

GOVERNMENT ADMINISTRATION PERSONNEL

CONTRACT ADMINISTRATION - BUREAU OF INDIAN AFFAIRS

Mr. Paul James Robinson, Contracting Officer

BIA-Western Regional Office - Division of Acquisition, Mail Stop 230

2600 N. Central Avenue, 4th Floor

Phoenix, Arizona 85004-3050

E-mail address: paul.robinson@bia.gov Telephone No.: 602/ 379-4482 Facsimile No.: 602/ 379-6763 Potential bidders shall submit questions in writing to Paul Robinson, Contracting Officer regarding the requirement via email address paul.robinson@bia.gov. Questions must be submitted no later than July 22, 2015, Wednesday to allow for the Government to provide response to all questions on fbo.gov/fedconnect.net.

G.2

CONTRACTING OFFICER'S REPRESENTATIVE (COR)

Ms. Cathy Wilson, Division Chief

E-mail address: catherine.wilson@bia.gov

BIA Western Regional Office, Branch of Natural Resources

Office Telephone No.: 602/ 379-6789

Division of Land and Water, Mail Stop 460

Facsimile No.: 602/ 379-6835

2600 N. Central Avenue, Suite 400 Mailroom

Phoenix, AZ 85004-3050 The above identified Contracting Officer's Representative (COR) will represent the Contracting Officer in the technical phase of the work. The COR's duties, responsibilities, and limitations of authority will be set forth in a written COR designation letter. A copy of the COR designation letter will be made available to the Contractor.

The COR is not authorized to make any changes to the terms and conditions of this contract. Only the Contracting Officer is authorized to make any changes to the contract by a properly written signed modification to the contract.

The Contracting Officer is the only official who can legally obligate the Government for expenditure of public funds.

G.3

INVOICE AND PAYMENT

DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (September 2011)

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]:

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 CCR) 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.

G.4

AUTHORITIES AND LIMITATIONS

(a) All work shall be performed under the authority exercised by the Contracting Officer who has been appointed in accordance with the requirements of the Department of the Interior Acquisition Regulation (DIAR) 1401.603 (48 CFR 1401.603).

(b) The Contracting Officer may designate other Government employees to act as authorized representatives in administering this contract in accordance with the requirements of DIAR 1401.670 (48 CFR 1401.670). Any designation shall be made to the authorized representative by an appointment memorandum signed by the Contracting Officer which contains the scope and limitations of authority delegated for purposes of administering this contract. A copy of the memorandum, and any revisions to it, shall be provided to the Contractor which shall acknowledge receipt.

(c) The Contractor shall, without unnecessary delay, comply with any written or oral direction of the contracting officer or authorized representative(s) acting within the scope and authority of their appointment memorandum. Such orders or direction include, but are not limited to, instructions, interpretations, approvals, or rejections associated with work under this contract including requirements for submission of technical data, shop drawings, samples, literature, plans, or other data required to be approved by the Government under this contract.

(d)(1) If the Contractor receives direction for work under this contract (including any written or oral orders it regards as a change order under the Changes clause of this contract) and it considers such direction to have been issued without proper authority (including instances where it believes delegated authority has been exceeded), it shall not proceed with the direction and shall notify the Contracting Officer within five (5) working days of receipt of the direction. On the basis of the most accurate information available to the Contractor, the notice shall state- (i) The date, nature, and circumstances of the direction received; (ii) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such direction; (iii) The identification of any documents and the substance of any oral communication involved in such direction; (iv) The contract line items or other contract requirements that may be affected by the alleged direction including any suspected delays or disruption of performance; and (v) Any other information considered pertinent.

(2) Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform under this paragraph prior to receipt of the Contracting Officer's determination issued under paragraph (e) of this clause.

(e) The Contracting Officer shall promptly, after receipt of any notice made under paragraph (d) of this clause, respond to the notice in writing. The response shall -- (1) Confirm that the direction contained in the Contractor's notice was unauthorized and either authorize it by appropriate contract modification or countermand it; (2) Deny that the direction contained in the Contractor's notice was outside the scope and limitations of the authority of the authorized representative who gave the direction and direct the Contractor to proceed immediately with the direction received or, when necessary, direct the mode of further performance; or (3) In the event the information contained in the Contractor's notice is inadequate to make a decision under subparagraphs (e)(1) or (2) of this clause, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.

(f) A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

SECTION H -- Special Contract Requirements

H.1

REQUIREMENTS FOR EXECUTION OF SURETY BONDS

Each surety company bond (bid, performance and payment) which purports to have been executed by an agent or attorney-in-fact, for the corporate surety, is required to have submitted with it a power of attorney to the signatory agent or attorney-in-fact, and executed by the corporate surety upon a date reasonably approximate to the date to the bond. Such power of attorney shall in each instance be retained with the bond.

H.2

BOND REQUIREMENTS

Performance and Payment Bonds are required within 15 days after award of the contract, the Contractor shall execute and furnish two bonds, each with good and sufficient surety or sureties acceptable to the Government; namely, a Performance (Standard Form 25) and a Payment Bond (Standard Form 25A). The penal sums of such bond will be as follows:

(a) Bid Bond - 20% of the Bid Schedule Price (Section B).

(b) Performance Bond - The amount of the performance bond shall be 100% of the original contract price.

(c) Payment Bond - The amount of the payment bond shall be 100% of the original contract price.

(d) ESTIMATED PROJECT PRICE RANGE: $1,000,000.00 - $5,000,000.00

(e) Individual Surety - The bidders shall comply with FAR Clause 52.228-11, Pledges of Assets.

(f) Third Party Indemnification Agreements. The bidder shall furnish a copy of any indemnification agreements that it entered into in order to secure the bonds required by the solicitation by the time set for bid opening. If an indemnification agreement was not required in order for the bidder to obtain the required bonds, an affidavit to that effect shall be provided by the surety along with the bid bond by the time set for bid opening. Failure to furnish a copy of the required indemnification agreement or the surety's affidavit may cause the bid to be rejected.

H.3

TRIBAL TAXES, REQUIREMENTS AND /OR RESTRICTIONS

(a) Special attention is called to DIAR Clauses 1452.226-70 and 152.226-71, FAR Clauses 52.236-7, Permits and Responsibilities and Clause 52.229-3, Federal, State, and Local Taxes. Bidders are responsible for contacting the tribe or tribal organization involved with regard to any requirements regarding tribal taxes, royalties and/or other applicable tribal laws or ordinances. Any costs associated with this section shall be included in the contractor's bid.

(b. THE PRIME CONTRACTOR AND ALL SUBCONTRACTORS SHALL COMPLY WITH ALL TRIBAL REGULATIONS REGARDING FEES, PERMITS, BUSINESS FEES, TAXES, TERO COSTS, ETC.

Bidders and Sub Contractors are responsible for contacting the Hopi Tribe, Office of Revenue Commission, Tribal Employment Rights Office (TERO), and Environmental Office for Indian Preference employment information, tribal taxes and fees/permits. Current available information is identified below:

The Hopi Tribe

Tribal Employment Rights Office (TERO) Office of Revenue Commission

Attn: TERO Director P.O. Box 123

The Hopi Tribe Kykotsmovi, AZ 86039

P.O. Box 123 Phone: 928/ 734-3100 Fax: 928/ 734-6665

Kykotsmovi, Arizona 86039 web: www.hopi-nsn.gov/tribal-services/office of revenue-commission Phone: 928/ 338-1012 Fax: 928/ 338-1035 web: www.hopi-nsn.gov/tribal-services/office of revenue-commission Arizona Department of Revenue Taxpayer Information and Assistance P.O. Box 29086 Phoenix, Arizona 85038-9086 Phone: (602)255-2060 Fax: (602)542-2072 H.4

PROHIBITION ON TEXTING WHILE DRIVING

Special attention is directed to FAR Clause 52.223-18 "Encouraging Contractor Policies to Ban Text Messaging While Driving", and to the DOI Policy - "Prohibition on Texting While Driving". The Executive Order requires Federal agencies to take steps to encourage Federal contractors, subcontractors, recipients, and sub recipients of financial assistance to adopt and enforce their own policies that ban employees from texting while driving GOVs or company-owned, company-leased, or company-rented vehicles or while driving POVs on official Government business or when performing work for, or on behalf of, the Government. Those entities are further encouraged to educate their employees and to urge voluntary compliance with a texting ban for off-duty employees.

H.5

PLANS AND SPECIFICATIONS

(a) Due to excessive costs incurred by the Government in printing, the Government will no longer be providing plans and specifications for its projects to suppliers and/or subcontractors.

(b) Any Prime Contractor bidding on Government contracts is responsible for providing its Subcontractors and Suppliers with information relating to their respective disciplines for cost proposals. Any misinterpretation or incorrect bids made to the Prime Contractor by the Subcontractor or Suppliers will not relieve the prime Contractor of his obligation to the contract or his bid proposal.

H.6

AVAILABILITY OF RECORDS

The Contracting Officer and other authorized Government officials shall have access to all records of the Contractor and subcontractors relating to personnel, payrolls, invoices of materials, and any and all other data relevant to the performance of the contract.

H.7

SUBCONTRACTING AND SUBCONTRACTORS

(a) Work to be Performed by Prime Contractor. The prime contractor shall perform on the site with its own force work amounting to not less than fifteen (15%), pursuant to FAR 52.236-01 Performance of Work by Contractor, of the total amount of the work, exclusive of the cost and materials, supplies and administration to the prime contractor. If during the progress of work, the contractor requests, in writing a reduction in such percentage, and the Contracting Officer determines that a reduction would not be to the Government's disadvantage, the percentage of the work required to be performed by the contractor may be reduced; provided, prior written approval of the reduction is obtained by the Contractor from the Contracting Officer.

(b) THE PRIME CONTRACTOR AND ALL SUBCONTRATORS SHALL COMPLY WILL ALL HOPI TRIBE AND TERO REGULATIONS.

(c) Selection of Subcontractors. Except as provided in DIAR Clause 1452.204-71, Indian Preference, the contractor and each subcontractor shall be free to select their subcontractors. Each subcontractor shall be capable of performing in a satisfactory manner, all work included in its subcontract. The contractor shall submit or require the submission of the following information to the Contracting Officer: (1) The name and address of each subcontractor. (2) A detailed description of the work covered by each subcontract. (3) A statement that the subcontractor has adequate resources and is capable of performing the work.

(d) No subcontractor will be allowed to perform any work on the project site until the conditions in (b) above have been met and the contractor has completed and submitted SF-1413, Statement and Acknowledgment, to the Contracting Officer in accordance with FAR Clause 52.222-11, Subcontracts (labor Standards). The subcontract shall include therein, verbatim, paragraphs b(1) through b(11) of FAR Clause 52.222-26, Equal Opportunity, incorporated by reference in this contract. These requirements pertain to all subcontracts, no matter what tier or relationship they have to the prime contractor except that the FAR Clause 52.222-26, Equal Opportunity is not required to be included in subcontracts of $10,000 or less.

(e) Contractor's Responsibility for Subcontractors. The contractor shall be responsible for the acts of all subcontractors and their employees when performing work at the project site, regardless of subcontractors' contractual relationship to the contractor. The contractor shall cause to be removed from the work at the project site any subcontractor or employee thereof whom the Contracting Officer, in writing, finds to be incompetent, careless, or otherwise objectionable (see FAR 52.236-05 Material and Workamanship). Failure of any subcontractor to complete the work described in its subcontract in a satisfactory manner, or without delay, will not excuse the contractor from any delay in the completion of the entire contract.

H.8

CONTRACTOR SAFETY PROGRAM REQUIREMENTS

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

(a) Safety Program Submittal: Within 10 days following the awarding of a contract, the Contractor shall submit in writing to the Contracting Officer's Representative (COR) a proposed comprehensive safety program for approval. The Contractor's safety program shall detail policies, procedures and plans that will be implemented to ensure the safety and health of employees and visitors at the job site. The Contractor shall prepare a list of major hazards associated with the contract work and provide in the safety program means to minimize the hazards.

(b) Pre-Construction Safety Meeting: In compliance with FAR Clause 52.236-26 “Preconstruction Conference”, representative(s) of the Contractor shall meet with Contracting Officer's Representative and CO prior to the start of construction to review the safety program and discuss implementation of health and safety provisions pertinent to the work under contract. The Contractor should be prepared to discuss, in detail, the measures to be taken to control the hazards associated with the major phases of the work under contract. This meeting shall be devoted mainly to a discussion of the manner in which the Contractor intends to administer the health and safety program, delegation of responsibility for implementing the program, and a determination of what shall be presented in the written safety program. Major Subcontractors shall be required to participate in the Preconstruction Conference.

(c) Contractor Housekeeping Requirement: In complaince with FAR 52.236-12 “Cleaning Up”, good housekeeping, including provision and facilities for routine scrap removal, shall be maintained in all areas within the Contractor's scope of operation. Any and all garbage shall be stored and removed to an approved dump site as specified by the permitting Agency. The construction yard(s) shall be restored to their natural condition or better as required by the permitting requirements and in accordance with Tribal, State, and Federal law (i.e. applicable OSHA construction standards).

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

H.9

DETERMINATION AND EXTENSION OF CONTRACT TIME

(a) The calendar days, stated under Section F.3 - FAR 52.211-10, allowed for the performance of the contract is based upon the work to be performed and weather conditions that are normally anticipated in the area that may prevent work. Request for time extensions because of weather conditions shall not be granted except in the case of unusually severe weather or "Act of Nature" unanticipated by this contract.

H.10

MODIFICATION PROPOSAL - COST BREAKDOWN

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

H.11

FINAL INSPECTION, SUBSTANTIAL COMPLETION, AND ACCEPTANCE OF…