A16PS00291_PG3_39.pdf

SOLICITATION # A16PS00291 BIA – SOUTHERN UTE AGENCY

NATURAL GAS, WATER & SEWER UTILITIES AND REFUSE SERVICES PG 3 OF 39

PART I – SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

Contractor shall provide Natural Gas, Water & Sewer Utility Services; and Refuse Services at the Bureau of Indian Affairs (BIA), Southern Ute Agency, 383 Ute Road, Ignacio, Colorado. Contract shall be for a base term (10 months) with nine (9) one-year options.

B.1. SCHEDULE AND PRICES

Estimated Estimated

Annual Usage* Amount**

Base Term March 1, 2016 – December 31, 2016

Natural Gas 2,084,000 cf/hr $12,000.00

Water 1,333,000 gal $13,750.00

Sewer Utilities 250 m3 $7,100.00

Refuse Service $4,850.00

Total $37,700.00 st Option Year January 1, 2017 – December 31, 2017

Natural Gas 2,500,000 cf/hr $14,600.00

Water 1,600,000 gal $16,500.00

Sewer Utilities 300 m3 $8,600.00

Refuse Service $5,500.00

Total $45,200.00 nd

Option Year January 1, 2018 – December 31, 2018

Natural Gas 2,500,000 cf/hr $14,600.00

Water 1,600,000 gal $16,500.00

Sewer Utilities 300 m3 $8,600.00

Refuse Service $5,500.00

Total $45,200.00 rd

Option Year January 1, 2019 – December 31, 2019

Natural Gas 2,500,000 cf/hr $14,600.00

Water 1,600,000 gal $16,500.00

Sewer Utilities 300 m3 $8,600.00

Refuse Service $5,600.00

Total $45,300.00 th Option Term January 1, 2020 – December 31, 2020

Natural Gas 2,500,000 cf/hr $14,700.00

Water 1,600,000 gal $16,500.00

Sewer Utilities 300 m3 $8,700.00

Refuse Service $5,500.00

Total $45,400.00 th Option Year January 1, 2021 – December 31, 2021

Natural Gas 2,500,000 cf/hr $14,700.00

Water 1,600,000 gal $16,500.00

Sewer Utilities 300 m3 $8,700.00

Refuse Service $5,500.00

Total $45,400.00 th Option Year January 1, 2022 – December 31, 2022

Natural Gas 2,500,000 cf/hr $14,800.00

Water 1,600,000 gal $16,500.00

NATURAL GAS, WATER & SEWER UTILITIES AND REFUSE SERVICES PG 4 OF 39

Sewer Utilities 300 m3 $8,800.00

Refuse Service $5,500.00

Total $45,600.00 th Option Year January 1, 2023 – December 31, 2023

Natural Gas 2,500,000 cf/hr $14,800.00

Water 1,600,000 gal $16,500.00

Sewer Utilities 300 m3 $8,800.00 th Option Year January 1, 2024 – December 31, 2024

Natural Gas 2,500,000 cf/hr $14,800.00

Water 1,600,000 gal $16,500.00

Sewer Utilities 300 m3 $8,800.00

*Usage amounts shown are estimates only and do not constitute a Government usage guarantee.

** Based on original Rate Schedule at time of award.

B.2. SERVICE LOCATIONS IN IGNACIO, CO

Account Address Service Required

1. 100100 575 CR 517, Building 151, 128, 129 (Roads) Gas, Water, Sewer

2. 100105 575 CR 517, Building 142, 123, 124, 152, 155, 156 (Forestry) Gas, Water, Sewer, Refuse

3. 100106 575 CR 517, Building 121, 125 (Greenhouse) Gas, Water, Sewer

5. 100315 383 Ute Road (Main Office) Gas, Water, Sewer, Refuse

6. 100316 811 CR 517 (Sprinkler #1) Water

7. 100896 575 CR 517 (Fuels Building, Garage) Gas

8. 100967 811 CR 517, Building 138 (Tribal Facilities) Gas, Water, Sewer, Refuse

9. 101428 811 CR 517, Building 335 (Fire Module) Gas, Water, Sewer

B.3. FAR 41.402 RATE CHANGES AND REGULATORY INTERVENTION

(a) When a change is proposed to rates or terms and conditions of service to the Government, the agency shall promptly determine whether the proposed change is reasonable, justified, and not discriminatory.

(b) If a change is proposed to rates or terms and conditions of service that may be of interest to other

Federal agencies, and intervention before a regulatory body is considered justified, the matter shall be referred to GSA. The agency may request from GSA a delegation of authority for the agency to intervene on behalf of the consumer interests of the Federal executive agencies (see FAR 41.301).

(c) Pursuant to 52.241-7, Change in Rates or Terms and Conditions of Service for Regulated Services, if a regulatory body approves a rate change, any rate change shall be made a part of the contract by unilateral contract modification or otherwise documented in accordance with agency procedures. The approved applicable rate shall be effective on the date determined by the regulatory body and resulting rates and charges shall be paid promptly to avoid late payment provisions. Copies of the modification containing the approved rate change shall be sent to the agency's paying office or office responsible for verifying billed amounts (see FAR 41.401).

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(d) If the utility supplier is not regulated and the rates, terms, and conditions of service are subject to negotiation pursuant to the clause at 52.241-8, Change in Rates or Terms and Conditions of Service for

Unregulated Services, any rate change shall be made a part of the contract by contract modification, with copies sent to the agency's paying office or office responsible for verifying billed amounts

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1. NATURAL GAS SERVICE

(a) The Contractor shall provide to the Government facility at BIA Southern Ute Agency, Ignacio

Colorado (See Section B.2 Service Locations) firm natural gas service in a manner and form that is consistent with (1) all applicable laws, rules, industry standards, codes, permits and regulations, and (2) the facility's service requirements. Estimated annual firm service requirements are:

Maximum demand 2 mcf/hr

Maximum usage 15 mcf/day

Total annual usage 2,535 mcf

Estimates of the gas consumption for a typical year are shown in Section B.1. The Contractor shall maintain pressure at the point of delivery of 2 psig +/- 5%. The usage amounts shown in this paragraph are estimates only and do not constitute a Government usage guarantee.

Firm gas services provided by the Contractor shall meet the Government's everyday needs for the proper operation of its facility without interruption or curtailment. It is understood that, in the event of an emergency, curtailment of firm services may be permitted by a gas utility supplier under its curtailment plan approved by the governing regulatory body.

(b) Natural gas delivered under this contract shall conform to quality standards specified in the effective gas sales agreement approved by the governing regulatory body.

The assumed average atmospheric (barometric) pressure at the Government facility shall be 2 psia.

Natural gas delivered under this contract shall conform to the following minimum quality standards:

(1) Shall not contain more than 100 kg/Mm3 (7 lb./MMcf) of water vapor;

(2) Shall not contain more than 2.3 g/m3 (1 grain/ccf) of hydrogen sulfide as determined by quantitative tests after the presence of hydrogen sulfide has been indicated by qualitative test;

(3) Shall not contain more than 6 mg/m3 (20 grains/ccf) of total sulfur;

(4) Shall not contain in excess of three percent (3%) by volume of carbon dioxide or four percent (4%) by volume of total inert gases;

(5) Shall not contain in excess of one percent (1%) by volume of oxygen;

(6) Shall not contain in excess of 3 L/100m3 (0.2 gal/Mcf) of those certain liquefiable hydrocarbons commonly referred to as natural gasoline;

(7) Shall not exceed 311 K (100 degrees F) in temperature at the point of delivery;

(8) Shall be reasonably free of any objectionable material including dust, gums, or gum-forming constituents;

(9) Shall be commercially free of water and hydrocarbons in liquid form at the temperature and pressure at which the gas is delivered; and

(10) Shall have a delivered heating value (lower heating value or LHV) of no lower than .995 Btu/cf.

(In English measurement, for the purposes of this contract, one "Btu" is defined as the amount of heat required to raise the temperature of one pound of water one degree Fahrenheit at standard atmospheric pressure.)

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(c) The point of service connection between the Government facility and the Contractor's system, as well as any connecting facilities to be installed by the Contractor on Government premises, shall be as shown in Attachment J.4. (a map or diagram suitable for showing this connection service information shall be provided by the ordering agency). The gas provided hereunder shall be metered by contractor owned existing meters. All meters shall be installed by the Contractor in a manner that allows verification of billing determinants by Government personnel. The gas meter(s) shall be owned, installed, operated, and maintained by the Contractor.

C.2. SCOPE OF WORK – WATER UTILITY

(a) The Contractor shall provide water service to the Bureau of Indian Affairs (BIA), Southern Ute

Agency, Ignacio, Colorado. The water provided shall be potable water and firefighting water, and meet the Government's everyday needs for the proper operation of the stated facility. All services provided by the Contractor shall be in conformity with (1) all applicable laws, rules, codes, industry standards, permits, and regulations, promulgated by any and all governmental authorities having jurisdiction.

Estimated annual service requirements are:

Maximum daily volume 4,500 gal.

Total annual volume 1,650,000 gal.

Water shall be continuously available to the Government facility at a rate of 25 gal/min at a minimum pressure of 40 psig. The Contractor shall provide the Government with best efforts for reserve capacity of up to 250,000 gal. for firefighting purposes at a rate of 500 gal./min. at a residual pressure of 59 psig. The usage amounts shown in this paragraph are estimates only and do not constitute a Government usage guarantee. The water shall be measured at the Government facility by existing contractor owned meters.

All meters shall be installed by the Contractor in a manner that allows verification of billing determinants by Government personnel.

No cross-connections of any kind are permitted between the various classes of water service provided.

The use of valves or check valves as a method of isolating the various classes of water in cross-connections is not permitted.

(b) The point of service connection between the Government facility and the Contractor's system shall be shown in Attachment J.5 (a map or diagram suitable for showing this connection service information shall be provided by the ordering agency).

(c) Following for new connection. The Contractor shall design, construct, own, operate, and maintain the facilities necessary to connect the Government facility to its existing system and to meet the

Government's full water service requirements during the term of this contract. The outside diameter of the Government's water line at the point of delivery is __ in. The Contractor shall provide a schematic diagram of Contractor connecting facilities to be installed on Government premises, if any.

C.3. SOW OF WORK - SEWAGE UTILITY

(a) The Contractor shall provide sewage service to the Bureau of Indian Affairs (BIA), Southern Ute

Agency, Ignacio, CO. The sewage service provided by the Contractor shall meet the Government's everyday needs for the proper operation of the stated facility. The Contractor shall operate its sewage disposal and treatment facilities in conformity with (1) all applicable laws, rules, codes, industry standards, permits, and regulations, promulgated by any and all governmental authorities having jurisdiction. Estimated annual service requirements are:

NATURAL GAS, WATER & SEWER UTILITIES AND REFUSE SERVICES PG 7 OF 39

Maximum daily volume 5 m3

Total annual volume 300 m3

The amounts shown in this paragraph are estimates only and do not constitute a Government usage guarantee. The sewage services to be delivered by the Contractor are nonmetered. All meters (if any) shall be installed by the Contractor in a manner that allows verification of billing determinants by

Government personnel. If nonmetered, the total sewage outflow shall be estimated as 2 percent of the

Government facility's actual monthly metered water consumption. The Government's delivery of sewage to the Contractor shall be by gravity main. The sewage to be delivered shall not be pretreated by the

Government.

Expected monthly average concentrations for Biological Oxygen Demand (BOD) and Total Suspended

Solids (TSS) in the sewage are 250 mg/l and 330 mg/l, respectively.

(b) The point of service connection between the Government facility and the Contractor's system shall be as shown in Attachment J.6 (a map or diagram suitable for showing this connection service information shall be provided by the ordering agency).

(c) The following for new connection. The outside diameter of the Government's pipeline at the point of entry is 4 in. The Contractor shall design, construct, own, operate, and maintain the facilities necessary to connect the Government facility to its existing system and to meet the Government's full sewage service requirements during the term of this contract. The Contractor shall provide a schematic diagram of Contractor connecting facilities to be installed on Government premises, if any.

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C.4. PERFORMANCE WORK STATEMENT – REFUSE SERVICES

SECTION 1 GENERAL INFORMATION

1.1 Scope of Work

The Contractor must provide all personnel, labor, equipment, tools, materials, transportation, and supervision to manage and perform all operations for the collection and off-site disposal of solid waste generated at Southern Ute Agency, Ignacio, Colorado as defined in this performance work statement

(PWS). The Contractor must perform to the standards in this contract.

1.2 Contractor Personnel

1.2.1. Contractor Manager

1.2.1.1. The contractor must provide a contract manager who must be responsible for the performances of the work. The name of this person, and an alternate or alternates who must act for the contractor when the manager is absent, must be designate in writing to the contracting officer (CO).

1.2.1.2. The contract manager or alternative must have full authority to act for the contractor on all contract matters relating to daily operations of this contract.

1.2.1.3. The contract manager or alternate must be available during normal duty hours within 30 minutes to meet on the installation with government personnel (designated by the CO) to discuss problem areas. After normal duty hours, the manager and alternate(s) must be available within 1 hour(s).

1.2.2. Contractor Employees

1.2.2.1. The contractor must not employ persons for work on this contract if such employee is considered by the CO to be a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population.

1.2.2.2. Contractor personnel must easily be recognized as contractor employees. Government site badge instructions will be given by the Contracting Officer’s Representative (COR).

1.2.2.3. The contractor must make sure employees have the current and valid professional certifications before starting work under this contract. No substitutes of personnel without notification and approval by the COR.

1.2.2.4. The contractor must not employ any person who is an employee of the U.S. Government if employing that person would create a conflict of interest.

1.2.2.5. All contractor employees must maintain satisfactory standards of competence, conduct, appearance, integrity and ethics.

1.2.2.6. All contractor employees shall comply with BIA time and attendance policies and reporting requirements.

1.3. Security Requirements

The contractor must follow the security process at the BIA facility. The COR will provide the necessary facility pass requirements, security clearance requirements, etc. The contractor is required to check in and out at the main office daily when entering and leaving the facility. BIA reserves the right to inspect all boxes, packages etc. coming into and exiting from any BIA facility.

1.4. Quality Control

1.4.1. In compliance with the FAR clause 52.246-4, the contractor must provide a quality control plan that contains, at a minimum, the items listed in 1.3.2 to the contracting officer for acceptance not later than the postaward conference. The CO will notify the contractor of acceptance or required

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modifications to the plan before the contract start date. The Contactor must make appropriate modifications.

1.4.2. The plan must include:

1.4.2.1. A description of the inspection system to cover all services listed on the performance requirements summary (PRS) (Attachment J.7.). The description must include specifics as to the areas to be inspected on both a scheduled and unscheduled basis, frequency of inspections and the title and organizational placement of the inspectors.

1.4.2.2. A description of the methods to be used for identifying and preventing defects in the quality of service performed.

1.4.2.3. A description of the records to be kept to document inspections and corrective or preventative actions taken.

1.4.3. The records of inspection must be kept and made available to the CO, when requested, throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract.

1.5. Quality Assurance

1.5.1. According to the Inspection of Service clause FAR 52.246-4, the Government will evaluate the contractor’s performance under this contract. For those tasks listed on the PRS (Attachment J.8), the COR will follow the methods or surveillance observations. When an observation indicates defective performance, the COR will require the Contract Manager or alternative(s) to initial the observation. The initialing of the observation does not necessarily constitute concurrence with the observation, only acknowledgement that he or she has been made aware of the defective performance. Government surveillance of tasks not listed in the PRS or by methods other than those listed in the PRS (such as provided for by the Inspection of

Services clause) may occur during the performance period of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions. Any action taken by the CO as a result of surveillance will be in accordance with the terms of the contract.

1.5.2. Performance Evaluation Meetings

The CO may require the Contract Manager to meet with the CO, COR and other BIA personnel as deemed necessary. The contractor may request a meeting with the CO when he or she believes such a meeting is necessary. Written minutes of any such meetings must be recorded in the contract and signed by the Contract Manager and the CO. If the contractor does not concur with any portion of the minutes, such nonconcurrence must be provided in writing to the CO within 3 calendar days following receipt of the minutes.

SECTION 2 DEFINITIONS

2.1. General Definitions

Contract Discrepancy Report - A contract discrepancy report is the report transmitted to the contractor by the Contracting Officer, initiated by the Contracting Officer's Technical Representative.

Customer Complaints - Customer complaints are complaints made by customers which if validated, may be used by the Government for the purpose of assessing the contractor's quality assurance, or for taking deductions to the contract price.

Defective Service - A service output that does not meet the standard of performance requirement specified in the contract for that service.

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Performance Requirement - The point that divides acceptable and unacceptable performance of a task according to the PRS and the Inspection of Services clause. It is the number of defects or maximum percentage of defects in the lot that is acceptable.

Performance Requirements Summary - A listing of the services outputs under the contract that are to be evaluated by the COR on a regular basis, the surveillance methods to be used for these outputs, and the performance requirements of the listed outputs.

Quality Assurance - A planned and systematic pattern of all government actions necessary to provide confidence that adequate technical requirements are established; products and services conform to established technical requirements; and satisfactory performance is achieved. Quality assurance refers to actions by the government assurance functions for a contracted service. The term quality assurance is used colloquially as meaning post-award surveillance of the contractor's work.

Quality Assurance Plan - A Quality Assurance Plan (QAP) for a particular contract includes a series of individual Surveillance Guides (SGs). The QAP also contains a copy of the performance requirements summary (PRS) for reference use by the quality assurance evaluator (QAE) together with inspection and report forms as appropriate.

Quality Control - Those actions taken by a contractor to control the production of outputs to ensure that they conform to the contract requirements.

Rework - Rework is the performance of services that were found to be defective as a result of contract surveillance or other validated sources.

Surveillance - Surveillance is the process of monitoring, either by direct evaluation, observation, or other information sources, contractor performance.

2.2 Acronyms

BIA – Bureau of Indian Affairs

CO – Contracting Officer

COR – Contracting Officer’s Representative

PWS – Performance Work Statement

PRS – Performance Requirements Summary

SECTION 3 GOVERNMENT FURNISHED PROPERTY (GFP) AND SERVICES

3.1. General Information

The Government must provide the real property, equipment, materials, and services listed here.

3.2. Government-Furnished Services

The Government must provide security services that are generally performed at BIA Southern Ute

Agency of contractor issued dumpsters.

SECTION 4 CONTRACTOR-FURNISHED ITEMS AND SERVICES

4.1. General Information

Except for those items or services specifically stated in Section 3 as government furnished, the contractor must furnish everything needed to perform this contract according to all its terms.

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SECTION 5 SPECIFIC TASKS

5.1 General Information

The Contractor must provide all personnel, labor, equipment, tools, materials, transportation, and supervision to manage and perform all operations for the collection and off-site disposal of solid waste generated at the BIA Southern Ute Agency, Ignacio, CO as defined in this performance work statement

(PWS). The Contractor must perform to the standards in this contract.

5.2. Task # 1 – Dumpster(s)

5.2.1. Contractor shall provide

575 CR 517 - 3 cubic yard dumpster - 4'X6'X3'4"

811 CR 517 - 2 cubic yard dumpster - 3'x3'x6'

383 Ute Road - 2 cubic yard dumpster - 3'x3'x6'

5.2.1.1. Dumpster shall be leak proof and have a cover/lid.

5.2.2. Location of dumpster(s) will be at 3 locations [See Section 5.2.1. and J.8. (a map or diagram suitable for showing service location information shall be provided by the ordering agency)].

5.2.3. Contractor shall maintain equipment in a clean, neat, safe and sanitary condition at all times.

Maintenance shall be maintained as to retard the harborage, feeding and breeding of vectors and insects.

5.2.4. Additional dumpsters may be requested for permanent or temporary reasons, the cost will be determined at the time of the need. All additional dumpsters shall be approved by a modification to the contract.

5.3. Task # 2 – Refuse Pickup Service

5.3.1. Contractor shall take all necessary safety precaution when entering and existing Government property.

5.3.2. Contractor shall pick up refuse once a week in a safe, efficient manner.

5.3.3. When pick up is on a day with no access to the dumpster, the Contractor shall contact COR to make an alternate arrangement for pick up.

5.3.4. Contractor shall notify COR when large excessive solid waste and/or construction debris surrounds the dumpster(s). The COR shall determine if the overflow should be placed in the dumpster and/or a second pick up needs to be scheduled within the same week.

5.3.5. Contractor shall notify COR when unsafe environmental waste has been thrown into or around the dumpster(s). The COR shall make arrangements to have the unsafe material properly removed.

5.3.6. Contractor shall properly dispose of all debris at an EPA approved dumping site. The Contractor is responsible for obtaining use agreements and the payment of fees with landfill operations.

5.3.7. Contractor shall be responsible for any and all refuse strewn on the ground in route during the course of collection and disposal operations.

5.4. Worksite Requirements

5.4.1. The Contractor shall conform to all BIA Regulations and directive that pertain to security, safety, traffic, fire and personnel clearance, insofar as they apply to the Contractor’s activities.

5.4.2. Contractor shall provide access to BIA Federal Indian Properties (non-blockage of roadway access) at all times. Contractor shall minimize disruption of services and normal activities expected in such areas, and coordinate street crossings, where required, for minimal traffic disruption.

5.4.3. Contractor shall be responsible for replacement of any items damaged during the performance of work.

5.4.4. The services, materials/equipment and landfill(s) shall conform to the latest (not limited to):

5.4.4.1. Public Law (P.L.) 89-272, Solid Waste Disposal Act

5.4.4.2. 25 Bureau of Indian Affairs Manual (BIAM)

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5.4.4.3. 29 Code of Federal Regulations (CFR) OSHA

5.4.4.4. 40 CFR Protection of Environment

5.4.4.5. P.L. 107-01 Public Convenience and Safety

5.4.4.6. New Mexico State Health Authorities

5.4.4.7. U.S. Public Health Service

5.4.4.8. Environmental Agency

5.4.4.9. Executive Order 12088, Federal Compliance with Pollution Control Standards

5.4.4.10. Tribal, County, State and Federal codes as required by law.

Note: Government will not supply copies of the above listed standards, codes and guides.

5.5. Documentation Requirements

5.5.1. State certification of a Waste/Refuse Collector.

5.5.2. EPA approved landfill use permit.

5.5.3. Insurance coverage.

C.5. CONTRACTOR’S EQUIPMENT

The Contractor, at its expense shall furnish and install at all facilities required to supply natural gas, water and sewer; and measure such services at the delivery points specified in Section C. The equipment remains the property of the Contractor. The Contractor shall at all times during the life of this contract, operate and maintain such equipment at its expense, and shall assume all taxes and other charges in connection therewith. Said equipment shall be removed and the Government premises restored as near as practicable to their original condition, ordinary wear excepted, by the Contractor, at its expense, within a reasonable time after discontinuance of services under this contract.

The Government shall assume any damage to the equipment (meters, etc.) by the Government.

C.6. ACCESS TO PREMISES

The Contractor shall have access to the premises served at all reasonable times during the continuance of this contract and at its termination for the purpose of reading, meters, making installations, repairs, and removals of the Contractor’s equipment, and for any other proper purposes hereunder; provided, however, that proper Governmental authority may limit or restrict such right of access in any manner considered by such authority to be necessary to advisable.

C.7. STANDARDS, CODES AND GUIDES

The services and materials/equipment shall conform to the latest (not limited too):

1. 29 CFR OHSA

2. 40 CFR Protection of Environment

3. 107-01 Public Convenience and Safety

4. EPA Standards, Regulations, etc.

5. State, County and Local regulations

6. Federal Property and Administrative Services Act, Section 201(a) of the Federal Property and

Administrative Services Act, as amended [40 U.S.C. 481(a)] shall be followed as to the economy and efficiency of service.

Note: Government will not supply copies of the above listed standards, codes and guides.

SECTION D – PACKAGING AND MARKING

This section is blank.

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SECTION E – INSPECTION AND ACCEPTANCE

E.1. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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, full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/

FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES

FAR CLAUSE CLAUSE TITLE CLAUSE DATE

52.246-4 Inspection of Services – Fixed Price Aug 1996

52.246-20 Warranty of Services May 2001

SECTION F – DELIVERIES AND PERFORMANCE

F.1. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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, full

52.242-14 Suspension of Work Apr 1984

52.242-15 Stop-Work Order Aug 1989

52.242-17 Government Delay of Work Apr 1984

F.2. HOURS OF OPERATIONS

(a) Normal Hours of Operation

The Contractor must perform the services required under this contract during the following hours: 8:00am to 5:00pm. The Contractor is responsible for notifying the COR if he/she will be late, or is ill and unable to work for other reasons. A schedule will be established, any deviations to the schedule must be approved in advance by the COR. If it is required of the BIA to supply an attendant to stay after the normal hours of operation, the Contractor must cover the additional cost of the BIA attendant.

(d) Holidays

Holidays are in accordance with the U.S. Government Office of Personnel Management website:

http://www.opm.gov/Operating_Status_Schedules/fedhol/2016.asp. Future calendar years can be found at the same website.

(e) Emergency or Special Event Services

Workdays may be interrupted by unannounced closures due to Tribal Traditional Activities.

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SECTION G – CONTRACT ADMINISTRATION DATA

G.1. 1452.201-70 AUTHORITIES AND DELEGATIONS-DEPARTMENT OF THE INTERIOR

(SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The

COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The

Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the

COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the

Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting

Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. 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.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor’s risk.

G.2. CONTRACTING OFFICER

a. The Contracting Officer (CO) is the only individual who can legally commit or obligate the

Government to the expenditure of public funds.

b. The CO is the only person authorized to make and changes or approve any changes in any of the requirements of the contract, and notwithstanding any provision contained elsewhere in this contract, the said authority remains solely with the CO. In the event the contractor makes any changes at the

NATURAL GAS, WATER & SEWER UTILITIES AND REFUSE SERVICES PG 15 OF 39

direction of any person other than the CO, the changes will be considered to have been made without authority and no adjustments will be made in the contract price to cover any increase in costs incurred as a result thereof.

c. The CO whose name is shown below will affect all contract administration. Communications pertaining to contract administration matters will be addressed to the CO. No changes in, or deviation from, the scope of work shall be effect without a supplemental (modification) executed by the CO authorizing such changes.

d. The CO may change without notice. The change will be administered by Contract Specialist: Sonia

Nelson, BIA-SWRO-Branch of Acquisition, 1001 Indian School Road NW, Suite 347, Albuquerque, New Mexico 87104. Phone: 505-563-3129; Fax: 505-563-3034; email: sonia.nelson@bia.gov.

e. Copies of all correspondence concerning this contract must be provided to the CO at the above address and shall reference the contract number.

f. The CO reserves the right to appoint a COR.

G.3. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer will designate a representative in dealing with the Contractor at the site, to administer the technical aspects of the contract and to assure compliance. The representative has no authority to issue change orders or otherwise authorize changes, which would affect the contract price, specifications, conditions or period of performance. Designation of a COR will be issued when the contract is awarded.

G.4. CONTRACTOR’S REPRESENTATIVE

The following Contractor’s representatives are 1) the individual with whom the Government may contact during the period of the contract for prompt action on matters pertaining to the administration of the contract and 2) the individual authorized to sign the contract and modifications:

AUTHORIZED CONTRACTOR PERSONNEL

ADMINISTRATOR

Name: Title:

Address: Phone No:

City/State: Zip Code:

Email:

AGENT WITH SIGNATURE AUTHORITY

Name: Title:

Address: Phone No:

City/State: Zip Code:

Email:

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G.5. 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: (a) Itemized invoices. (b) Written Progress Report to validate the work was performed, completed, and accepted by the COR.

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 (RFBB) 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.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. GENERAL SERVICES ADMINISTRATION (GSA) DELEGATED AUTHORITY

The Department of Interior, Bureau of Indian Affairs has requested for a Delegation of Contracting

Authority by GSA. The Delegation of Contracting Authority authorizes negotiation and execution of natural gas, water, and sewer service contracts for facility located at Southern Ute Agency, Ignacio, Colorado. Refuse services does not need a GSA Delegation.

Date of GSA DOA:_________ (entered as time of award)

H.2. TRIBAL TAXES, REQUIREMENT AND/OR RESTRICTIONS

Special attention is called to clauses entitled “Federal, State, Local Taxes, FAR 52.229-3”, and “Permits and Responsibilities, FAR 52.236-7”. Offeror is responsible for contacting the Tribe or Tribal organization involved with regard to their resolution(s) regarding tribal taxes, requirements and/or other applicable tribal laws. Non-compliance regarding the above may result in the offerors being determined non-responsive.

H.3. INDEMNIFICATION

Contractor assumes full responsibility for and indemnifies the Government any and all loss or damage of whatever kind and nature to any and all Government property, including any equipment, supplies, NATURAL GAS, WATER & SEWER UTILITIES AND REFUSE SERVICES PG 17 OF 39 accessories or parts in the outside of the building while the service is being provided under this contract, resulting in whole or in part from negligent acts or omission of the Contractor, and Contractor’s employees, agent or representative.

To save, hold harmless and indemnify the Government against any and all liability, claims, and cost of whatever find and nature injury to or death of any persons and loss or damage to and property occurring in connection with or in any incident to or arising while providing the service or performance of work under this contract resulting in whole or in part from negligent acts or omission of the Contractor, and

Contractor’s employees, agent or representative.

Damage to Government Property form Causes Other Than Contractor’s Negligence: That nothing in the above paragraph shall be considered to preclude the Government from receiving the benefits of any insurance the Contractor may carry which provides for indemnifications of any loss, destruction of or damage to property while providing services by the Contractor, where such loss, destruction or damage is to Government property. The Contractor shall do nothing to prejudice the Government’s right to recover against third parties for any loss, destruction of or damage to Government property and upon request of the Contracting Officer shall, at the Government’s expense, furnish to the Government all reasonable assistance and cooperation (including assignments in favor of the Government) in obtaining recovery.

H.3. INSURANCE – REFUSE SERVICE

Contractor shall have the following minimum amounts of insurance coverage throughout the term of this contract:

Workmen’s Comprehensive and All Occupation Diseases…as required by Federal and State Law

Employer’s Liability including All Occupation Diseases when not so covered above……………………..………………………….$100,000 per accident

General Liability (Comprehensive)

Bodily Injury per Occurrence……………………...……….…..$500,000 per occurrence

Bodily Injury per person……………………..……………..…..$200,000 per occurrence

Bodily Injury per accident………………………………….…..$500,000 per occurrence

Property Damage per accident………………….……………....$100,000 per occurrence

Spillage on Highway/Roadway……………….………..… as required by Federal and State Law

H.4. SUBCONTRACTING

Prime contractor shall perform 51% of all work required under this contract.

H.5. DEPARTMENT OF LABOR WAGE DETERMINATION – REFUSE SERVICES

The Service Contract Act mandates that all Federal Government service contracts over $2,500 must contain the appropriate Service Contract wage determinations in accordance with FAR Clause 52.222-41

(See Section I.4.). The Act requires the contractor to pay its employees minimum wages and fringe benefits as established by the Department of Labor. The wage rates for Option Years shall be incorporated into the contract by modification when the option to extend the services is exercised.

(Attachment J.1)

NATURAL GAS, WATER & SEWER UTILITIES AND REFUSE SERVICES PG 18 OF 39

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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, full

FAR CLAUSE

CLAUSE CLAUSE TITLE DATE

52.202-1 Definitions Nov 2013

52.203-3 Gratuities Apr 1984

52.203-5 Covenant Against Contingent Fees May 2014

52.203-6 Restrictions on Subcontractors Sales to the Government Sept 2006

52.203-7 Anti-Kickback Procedures May 2014

52.203-8 Cancellation, Rescission, and Recover of Funds for Illegal or Improper Activity May 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014

52.203-11 Limitation on Payments to Influence Certain Federal Transactions Sept 2007

52.203-12 Limitation on Payments to Influence Certain Federal Transactions Oct 2010

52.203-13 Contractor Code of Business Ethics and Conduct Oct 2015

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May 2011

52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors, Debarred, Suspended, or Proposed for Debarment Oct 2015

52.215-2 Audit and Records – Negotiation Oct 2010

52.215-8 Order of Precedence – Uniform Contract Format Oct 1997

52.215-14 Integrity of Unit Prices Oct 2010

52.215-19 Notification of Ownership Changes Oct 1997

52.219-8 Utilization of Small Business Concerns May 2014

52.219-9 Small Business Subcontracting Plans Oct 2015

52.222-1 Notice to the Government of Labor Disputes Feb 1997

52.222-3 Convict Labor Jun 2003

52.222.19 Child Labor-Cooperation with Authorities and Remedies Feb 2016

52.222-21 Prohibition of Segregated Facilities Apr 2015

52.222-26 Equal Opportunity Apr 2015

52.222-35 Equal Opportunity for Veterans Oct 2015

52.222-36 Equal Opportunity for Workers with Disabilities Jul 2014

52.222-37 Employment Reports on Veterans Oct 2015

52.222-43 Fair Labor Standards Act and Service Contract Act – Price

Adjustment (Multiple Year and Option Contracts) May 2014

52.222-50 Combating Trafficking in Persons Mar 2015

52.222-54 Employment Eligibility Verification Oct 2015

52.223-5 Pollution Prevention and Right to Know Information May 2011

52.223-6 Drug Free Workplace May 2001

52.223-10 Waste Reduction Program May 2011

52.223-11 Ozone-Depleting Substances May 2001

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts May 2008

NATURAL GAS, WATER & SEWER UTILITIES AND REFUSE SERVICES PG 19 OF 39

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving Aug 2011

52.223-19 Compliance with Environmental Management Systems May 2011

52.225-13 Restrictions on Certain Foreign Purchases Jun 2008

52.228-5 Insurance-Work on a Government Installation Jan 1997

52.229-3 Federal, State, and Local Taxes Feb 2013

52.232-1 Payments Apr 1984

52.232-11 Extras Apr 1984

52.232-17 Interest May 2014

52.232-20 Limitation of Cost Apr 1984

52.232-23 Assignment of Claims May 2014

52.232.25 Prompt Payment Ju1 2013

52.232-33 Payment by Electronic Funds Transfer-System for Award Management Jul 2013

52.233-1 Disputes May 2014

52.233-3 Protest after Award Aug 1996

52.233-4 Applicable Law for Breach of Contract Claim Oct 2004

52.236-7 Permits and Responsibilities Nov 1991

52.237-2 Protection of Government Buildings, Equipment, and Vegetation Apr 1984

52.241-2 Order of Precedence-Utilities Feb 1995

52.241-4 Change in Class of Service Feb 1995

52.241-5 Contractor's Facilities Feb 1995

52.241-10 Termination Liability Feb 1995

52.242-13 Bankruptcy Jul 1995

52.243-1 Changes-Fixed Price, Alternate I Aug 1987

52.246-25 Limitation of Liability-Services Feb 1997

52.249-2 Termination for Convenience of the Government (Fixed-Price) Apr 2012

52.249-8 Default (Fixed-Price Supply and Service) Apr 1984

DEPARTMENT OF INTERIOR ACQUISITION REGULATIONS (DIAR)

Full text of a clause may be accessed electronically at this address:

http://www.ecfr.gov/cgi-bin/text-idx?SID=9bbc74edcafb5ab20ec3f68575a2891b&node=sp48.5.1452.1452_12&rgn=div6

DIAR CLAUSE CLAUSE TITLE CLAUSE DATE

1452-226-70 Indian Preference Apr 1984

1452-228-70 Liability Insurance Jul 1996

1452-228-72 Liability for Loss or Damage-Department of Interior Apr 1984

I.2. 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

I.3. 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the

Government to an extension.

NATURAL GAS, WATER & SEWER UTILITIES AND REFUSE SERVICES PG 20 OF 39

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 10 years.

I.4. 52.222-41 SERVICE CONTRACT LABOR STANDARDS (MAY 2014)

(a) Definitions. As used in this clause—

“Contractor” when this clause is used in any subcontract, shall be deemed to refer to the subcontractor, except in the term “Government Prime Contractor.”

“Service employee” means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are defined in

Part 541 of Title 29, Code of Federal Regulations, as revised. It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor and such persons.

(b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of 41 U.S.C. chapter 67, Service Contract Labor Standards, and regulations of the Secretary of Labor (29

CFR Part 4). This clause does not apply to contracts or subcontracts administratively exempted by the

Secretary of Labor or exempted by 41 U.S.C. 6702, as interpreted in Subpart C of 29 CFR Part 4.

(c) Compensation.

(1) Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract.

(2)

(i) If a wage determination is attached to this contract, the Contractor shall classify any class of service employee which is not listed therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination) so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph (c).

(ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444, Request

For Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement of the employees’ authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the

Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary.

(iii) The final determination of the conformance action by the Wage…