Clauses-solicitation_thinning_project.docx

A.2 Contract Term……………………………………………………………………………………….. 4

C.2 General..………………………………………………………………………………………………4 C.3 Location.............................................………………………………………………………………...5 C.4 Organized Site Vist…………………………………………………………………………………...5 D - Packaging and Marking………………………………………………………………………………… 5

F.1 Deliverables………………………………………………………………………………………… 4

A - Solicitation/Contract Form

A.1 Type of Contract

The Department of Interior, Bureau of Indian Affairs (BIA) intends to award a firm fixed price contract from this solicitation for commercial items under Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, in conjunction with FAR Part 13, Simplified Acquisition Procedures.

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

The North American Industry Classification System (NAICS) Code is 115310; the business size standard of $7.5m.

A.2 Contract Term

Contract award is expected to be made by June 22, 2016. Contractor is expected to start within thirty (30) calendar days of receipt of contract. The project shall be completed within ninety (90) calendar days of the start date.

B - Supplies or Services/Prices B.1 Services The Contractor shall provide everything--including, but not limited to, all technical expertise, equipment, supplies, transportation, labor, incidentals, and supervision--necessary to complete the project.

C - Description/Specifications C.1 Background

As an agency of the U.S. Department of Interior, the Bureau of Indian Affairs (BIA) is mandated to oversee and protect the Natural Resources on Tribal and Trust Land under the jurisdiction of Eastern Oklahoma Regional Office.

This Contract will be for the machine mastication and thin and pile of target vegetation within project boundaries.

C.2 General

It shall be the responsibility of the contractor to determine the equipment and methods by which to thin trees and to treat thinning slash within the designated thinning areas in accordance with the following specifications.

Specification includes machine mastication, thinning and piling of mixed hardwood trees within specified project boundaries. All Eastern Redcedar (ERC) trees will be cut and piled. It is preferred that all small diameter woody vegetation (6” DBH) or less be machine masticated.

The objective is to reduce understory woody plant growth to release some trees in overstocked stands by reducing densities to prevent stagnation and increase the growth of the remaining trees, while leaving the large over story trees, creating park-like woodland.

The objective is to be accomplished by machine mastication, thinning and piling all hardwoods within a delineated project boundary. Piling should be completed in such a way that facilitates burning once the mechanical project is complete. Build compact piles, not fluffy or spread out, pancake like piles. Piles must also be void of soil throughout to ensure thorough consumption of piled material subsequent to the follow-up burn project. All piles must be placed/piled a minimum of 150 feet from any project boundary, hardwood timber stand and/or improves (structures, powerlines, pipelines, etc.) unless specifically approved by BIA personnel. Any/all burning will be completed by qualified BIA forestry or fire management staff. A machinery weight restriction of 16,000 pounds will be enforced to minimize sub-surface ground disturbance.

(a) Tree Selection The forestry staff has not marked leave trees in the work area. It shall be the contractor’s responsibility to determine, in accordance with the following criteria, which trees are to be left or cut.

1. Trees left shall be healthy, undamaged dominant or codominant trees.

2. All Eastern Redcedar will be cut and piled.

3. All woody vegetation with a diameter breast height (DBH) of 6 inch or less will be masticated.

4. Any tree containing a sawlog, regardless of spacing. A sawlog is defined as a straight section of a tree that is 8 feet long with a 9 inch small end top or 16 feet long with an 8 inch small end top.

5. Preferred “leave trees” are defined as dominant or codominant upright trees of good form and free of disease, logging damage, and insect damage. “Leave trees” will be the better quality trees within a stand.

6. Leave trees will be chosen so that they are approximately 20 feet apart. However, this tree spacing guideline of 20 feet must be flexible. It can easily vary from 5 feet to 25 feet if the best leave trees are selected.

(b) Slash Treatment All slash created by the thinning process will be cut so that no pieces are longer than 12 feet. All piles should remain on the job site and shall be piled in open areas that will allow BIA forestry staff to burn the piles without damaging “leave trees”. Maximum stump height is 4 inches, “preferably” ground level. Piling of slash should be completed in such a way that facilitates burning once the project is complete. Piles must be compact enough to burn. Build compact piles, not fluffy or spread out, pancake like piles. Piles must also be void of soil throughout to ensure thorough consumption of piled material subsequent to the follow-up burn project. All piles must be placed/piled a minimum of 150 feet from any project boundary, hardwood timber stand and/or improves (structures, powerlines, pipelines, etc.) unless specifically approved by BIA personnel. Any/all burning will be completed by qualified BIA forestry and fire management staff.

(c) NEPA Compliance The contractor is responsible for minimizing surface ground disturbance with equipment. Should thinning activities expose buried archeological materials such as chipped stone tools, pottery, bone, historic crockery, glass, metal items, or building materials, the BIA archeologist should be contacted immediately at 918-781-4660.

Any ground disturbing activity has the potential for unanticipated discovery. Native American cultural items including human remains, funerary objects, sacred objects and objects of cultural patrimony should be treated with respect. No photography, sketches, Global Positioning System or map location is allowed without express permission by Tribal authority. Should these types of materials be exposed, all work in the area must stop immediately and the BIA archeologist contacted at 918-781-4660. Additional state statutes may apply concerning human remains.

The contractor is responsible for compliance with the Bald and Golden Eagle Protection Act, the Migratory Bird Treaty Act, and the Endangered Species Act. When possible, activities will be initiated during the off-season of any migratory birds and/or listed species that could be expected to be present in the project area. If necessary, the contractor will be responsible for any field surveys required to determine and mitigate any potential negative impacts to migratory birds and/or listed species within the project area prior to initiation of activities.

(d) Operation plan The contractor shall start at one end of the unit and proceed in an orderly manner across the unit. Skipping from one section to another will not be allowed, as it is too easy to miss areas. The construction start date shall begin within thirty (30) calendar days of receipt of contract. The project shall be completed within ninety (90) calendar days of the start date. If the contractor is expecting not to be able to work on the project for an extended period of time, 7 days or longer, notification to BIA point of contact must occur. One exception to the construction time is environmental compliance. The start date may need to be initiated and work completed within a specific timeframe at the discretion of bureau staff to comply with environmental consultation requirements.

(e) Measurement “Measurement Method”, the thinning unit acreage stated in the proposal has been determined by GPS (Global Positioning System) and converted into a GIS (Geographic Information System) polygon of the unit. This is the acreage that will be used to make payments on the unit at the per acre bid rate.

(f) Liability

1. The USDI, Bureau of Indian Affairs, and the SeminoleTribe/Individual land owner, through this statement are hereby absolved of any and all liabilities of any kind as a result of any and all actions of the thinner or his/her employees. The thinner is responsible for repairs, replacement or compensation for any and all damages or accidents involving private property or improvements, individuals, or U.S. Government & trust properties damage as a result of the thinning operation or related activities.

2. The contractors and their employees are responsible for abiding by all forest fire regulations and all required precautionary procedures related to the prevention of wildfires in forested areas. Furthermore, the contractor and their employees are responsible for any and all liabilities, claims, costs or request for compensation related to any/or all fires which they cause to start or allow to spread for whatever reason as a result of their operations, or related activity, including but not limited to, all suppression cost incurred by the BIA or the tribe.

3. The contractor is responsible for obtaining and abiding by all rules to workman’s compensation and TERO.

C.3 Location

The project is located in Section 5, Township 8 North, Range 6 East, South of Seminole, OK, Seminole County at the Mekusukey Mission grounds. See attached spreadsheet and maps for exact locations.

C.4 Organized Site Visit

(a) The Government is planning a pre-bid site visit, during which potential vendors may obtain a better understanding of the work required.

(b) The Government assumes no responsibility for any expense incurred prior to contract award.

(c) Vendors are cautioned that, notwithstanding any remarks or clarifications given at the site visit, all terms and conditions of the solicitation remain unchanged unless they are changed by amendment to the solicitation.

(d) The site visit will be held at the following date and time.

Date: Tuesday, May 24, 2016 Time: 10:00 am Location: Bureau of Indian Affairs, Wewoka Agency, 600 N. Milt Phillips, Seminole, OK 74868-2312

Inclement weather and/or road conditions may cancel the scheduled site visit. Contact Katheryn Impson for information at (918)781-4612.

Vendors shall be provide their own transportation and can follow the government representative to the work site.

D - Packaging and Marking

NONE

E - Inspection and Acceptance E.1 Inspection and Acceptance

All work will be inspected and approved in accordance with the standards as specified under Section C. Periodic inspections will be made on site during implementation. The purpose of the inspections will be to review contactor activity and to ensure that adequate contactor performance is occurring. A final inspection will be made by bureau personnel once the contractor has concluded implementation. The purpose of the final inspection is to ensure that the project has been completed according to the contract specifications. All inspections are to be conducted during bureau personnel’s normal work schedule.

F - Deliveries or Performance F.1 Performance

Contractor is expected to start within thirty (30) calendar days of receipt of contract. The project shall be completed within ninety (90) calendar days of the start date. If the contractor is expecting not to be able to work on the project for an extended period of time, 7 days or longer, notification to bureau personnel must occur. One exception to the time is environmental compliance. The start date may need to be initiated and work completed within a specific timeframe at the discretion of Bureau staff to comply with environmental consultation requirements.

G - Contract Administration Data G.1 Contracting and Administration Authority

The following subsections describe the roles and responsibility of individuals who will be the primary points of contact for the Government on matters regarding contract administration as well as other administrative information. The Government reserves the right to unilaterally change any of these individual assignments at any time.

G.2 1452.201-70 Authorities and Delegations (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.

The Administrative Contracting Officer shall be:

Katheryn. Impson, Contract Specialist Bureau of Indian Affairs – EORO P. O. Box 8002 Muskogee, OK 74402 (918)781-4612 (o) Email: katheryn.impson@bia.gov

(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.

The COR for this contract is:

Sheldon Sankey, Fuels Specialist Bureau of Indian Affairs/EORO/Regional Office PO Box 8002 Muskogee, OK 74402

(918) 781-4642 ext 1062 (o) Email: sheldon.sankey@bia.gov

Alternate COR:

Robert Nix, Regional Forester Bureau of Indian Affairs/EORO/Regional Office PO Box 8002 Muskogee, OK 74402

(918) 781-4642 ext 1110 Email: Robert.nix@bia.gov

(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. (End of clause)

G.3 DOI Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (Sep 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. An invoice that has already been reviewed and approved by the COR outside of IPP.

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. (End of Clause)

H - Special Contract Requirements

NONE

I - Contract Clauses FAR Clause 52.203-7 Anti-Kickback Procedures (JUL 1995) FAR Clause 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. (APR 2014) FAR Clause 52.204-7 System for Award Management. (JUL 2013) FAR Clause 52.212-4 Contract Terms and Conditions - Commercial Items. (MAY 2015) FAR Clause 52.216-24 Limitation of Government Liability (APR 1984) FAR 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) FAR Clause 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) FAR Clause 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (DEC 2012) FAR Clause 52.232-18 Availability of Funds. (APR 1984) FAR Clause 52.232-35 Prompt Payment (OCT 2008) FAR Clause 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) FAR Clause 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013) FAR Clause 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) FAR Clause 52.244-6 Subcontracts for Commerical Items (APR 2011)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.

Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Mar 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2015) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

X(29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (41) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xi)

__(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

__(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.237-1 Site Visit Site Visit (Apr 1984) Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

As prescribed in 37.110(b), insert the following clause in solicitations and contracts for services to be performed on Government installations, unless a construction contract is contemplated:

Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

(End of provision) 52.242-14 Suspension of Work (Apr 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.

DIAR Clauses Incorporated by Reference (FAR 52.252-2) (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, the full text of a clause may be accessed electronically at:

www.ecfr.gov/cgi-bin/text-idx?sid=50def0b876ad2ef1f411be79c91366eb&c=ecfr&tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl#1400 (DIAR) 1452.204-70 Release of Claims (JUL 1996) (DIAR) 1452.226-70 Indian Preference (APR 1984) (DIAR) 1452.280-1 Notice of Indian Small Business Economic Enterprise Set-aside (JUL 2013) (DIAR) 1452.280-3 Subcontracting Limitations (JUL 2013)

J - List of Documents, Exhibits and Other Attachments J. 1 List of Documents, Exhibits, and Other Attachments

1. Statement of Work/Clauses

2. Reps and Certs 52.212-3

3. Maps

4. Wage Determination

5. DIAR 1452.280-4 Indian Economic Enterprise Representation

K - Representations, Certifications, and Other Statements of Bidders K.1 Representations and Certifications

1452.280-4 INDIAN ECONOMIC ENTERPRISE REPRESENTATION (JUL 2013)

Provision: The offeror represents as part of its offer that it [ ] does [ ] does not meet the definition of Indian economic enterprise as defined in 1480.201.

(End of provision)

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

52.212-3 Offeror Representations and Certifications-Commercial Items. (APR 2016) L - Instructions, Conditions, and Notices to Bidders This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at: www.acquisition.gov/far

52.212-1 Instructions to Offerors - Commercial Items. (OCT 2015) L.1 Service of Protest (FAR 52.2332) (SEP 2006)

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) in writing with an electronic copy submitted via email to: katheryn.impson@bia.gov

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision) L.2 Inquiries

Offerors are instructed to contact only the solicitation issuing office listed at SF 1449, Block 7 in connection with any aspect of this requirement prior to contract award. Offerors will submit all correspondence relating to the solicitation document to the issuing office to the attention of the Contracting Officer. The cutoff date for questions related to this RFP is Monday, June 13, 2016 at 2:00 p.m. Central Standard Time.

L.3 Hand Delivered or Fax Submissions, Modifications, or Withdrawals of Proposals

Telecopy or facsimile submissions, modifications, or withdrawals of proposals are permitted.

All proposals should be mailed or emailed to the following;

Katheryn Impson, Contracting Officer Eastern Oklahoma Regional Office 3100 W. Peak Blvd.

P.O. Box 8002 Muskogee, OK 74402

(918) 781-4612 (o)

(918) 781-4604 (fax) Katheryn.impson@bia.gov

***It is the responsibility of the contractor to ensure all mailed, express mail, email or faxed quotes arrive by the closing date.

L.4 Disposition of Proposals

Proposals will be disposed of as follows: BIA will retain one (1) copy of each proposal for the official contract file of record. (End of Provision) L.5 Submission of Proposals

(a) Proposals are due June 10, 2016, at 3:00 PM Central Standard Time. Proposals received after such time and date are subject to FAR 52.212-1 Instructions to Offerors – Commercial Items.

(b) The Government is not liable for any costs incurred by the Offerors in submitting proposals for this solicitation.

(c) A proposal that fails to show compliance with these instructions may be removed from the competition. (End of Provision) L.6 Instructions for Proposal Preparation

The following instructions supplement those at FAR 52.212-1(b).

(1) Offerors are expected to follow the proposal preparation instructions fully and carefully. The Government will rely substantially on the information provided by the Offerors to evaluate the proposals. It is therefore imperative that Offerors carefully follow the instructions set forth below and submit their proposals in the format and with the content specified below, providing all requested information. Offers that simply restate the RFP requirements or that state that the Offeror’s proposal is compliant with the requirements of the RFP – without providing necessary explanation or other data – are not likely to be highly evaluated, if they can be evaluated at all. Proposals that fail to provide all required information in the format requested may be found unacceptable and may be rejected without further consideration if the Contracting Officer determines that a significant revision or addendum to the Offeror’s proposal would be required to permit further evaluation, and especially if the incompleteness of the proposal or errant formatting of the proposal appears to be due from a lack of diligence or competence of the Offeror.

(2) The instructions provided have been specifically tailored to the evaluation factors to be applied during proposal evaluation. They are designed to ensure the submission of information essential to the understanding and comprehensive validation and evaluation of proposals. Clarity and completeness are of utmost importance to the proposal. The relevance and conciseness of the proposal is important. Key points should be easily found, or may be presumed to be lacking. The Offeror should maintain careful organization and adherence to the titling instructions throughout the proposal. Complex or costly presentations are neither required nor desired.

(3) The Offeror is responsible for the accuracy and completeness of its proposal. The proposal shall be valid for thirty (30) calendar days from the proposal due date. (End of Provision) L.7 Proposal Format

The Offeror shall submit (1) proposal.

Section 1- Technical Proposal to include;

1. resumes of key personnel with documentation of qualifications, list of equipment owned/or will be leased;

2. past performance to include contact information from at least three previous projects that are similar in nature to this project

3. list of all subcontractors that will be used on this project and documentation that at least 50% are Native Owned

Section 2- Price Proposal, Representations & Certifications, ISBEE Certification, signed SF-1449

M - Evaluation Factors for Award M.1 Introduction:

This part describes the evaluation factors BIA will consider in evaluating offerors’ proposals for award. BIA will determine the individual proposals judged to be most advantageous to the Government based on an integrated assessment of each offeror’s proposal. An assessment of both the proposal and the offeror's ability as demonstrated in its proposal to successfully accomplish the contract will be performed. This will be a best value selection. Best value is defined in FAR Part 2 as the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement.

In performing its best value analysis, the Government will identify any relevant differences among the evaluated proposals against the evaluation factors below to determine which proposal(s) represent(s) the overall best value. This effort will include evaluation of the strengths and weaknesses inherent in each offer.

The Government does not intend to hold discussions. Therefore, all proposal submissions shall contain the Offeror’s best terms from a technical and price standpoint. However, the Government reserves the right to hold discussions, at the sole discretion of the Contracting Officer. The Government will evaluate all proposals in accordance with FAR 15.305(a), and, if discussions are to be conducted, a competitive range will be established. The Contracting Officer, at her sole discretion, will establish a competitive range comprised of all the most highly rated proposals, unless the range is further reduced for purposes of efficiency.

M.2 FAR 52.212-2 Evaluation – Commercial Items (JAN 1999) (Tailored)

(a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The award will be made to the offeror whose proposal represents the Best Value to the Government. Offerors are advised that this may result in award to other than the lowest priced offeror or other than the highest technically rated offeror. The following factors shall be used to evaluate offers and are listed in descending order of importance. When combined, the non-price factors are equal to price.

Non-Price Factors:

Factor 1: Technical Capabilities Factor 2: Past Performance Factor 3: Subcontracting with Native Owned Businesses

Price Factor (not assigned an adjectival rating):

Price

This will be a best value selection.

The award will be made to the offeror whose proposal represents the Best Value to the Government. Offerors are advised that this may result in award to other than the lowest priced offeror or other than the highest technically rated offeror.

The process of determining whether an offeror is responsible will include a review of government databases to ensure satisfactory past performance on previous contracts with the federal government. The Government reserves the right to use data obtained from other sources while conducting its evaluation.

Description of Factors for Award

Each evaluation factor is described below:

Non-Price Factor 1: Technical Capabilities

The offeror’s proposal will be evaluated to determine the extent to which the offeror has the technical capabilities and equipment to complete performance. Offeror should provide a summary of how they expect to complete the project, along with the types of machinery the offeror intends to utilize and if this equipment is owned by the company or will be rented.

Non-Price Factor 2: Past Performance

The offeror’s proposal will be evaluated to determine the extent to which its past performance demonstrates the likelihood of successful performance in providing requirements similar in size, scope and complexity to the requirements identified in the RFP. The evaluation will consider both the relevance and quality of past projects. The Government may choose to evaluate publicly available reports, and/or data from the Past Performance Information Retrieval System (PPIRS). The Government may use present and/or past performance data obtained from a variety of sources. The information gathered for past performance may also be used in the responsibility determination. An Offeror without relevant past performance will receive a neutral rating (i.e., neither favorable nor unfavorable).

The evaluation of Past Performance will reflect the consideration of all relevant agency/customer information that is available to the Government, including both the information received from the offeror’s references and information obtained from other sources.

Non-Price Factor 3: Subcontracting Plan

Provide a list of companies that the offeror plans on using and identify which firms are an IEE. According to DIAR Clause 1452.280-3, a contractor shall not subcontract to other than responsible…