A17PS00967_PG4_62_080217.pdf

TABLE OF CONTENT

SECTION B -- SUPPLIES OR SERVICES AND PRICES 5

SECTION C -- DESCRIPTIONS AND SPECIFICATIONS 6

SECTION E -- INSPECTION AND ACCEPTANCE 8

SECTION F -- DELIVERIES OR PERFORMANCE 10

SECTION G -- CONTRACT ADMINISTRATION DATA 12

SECTION H -- SPECIAL CONTRACT REQUIREMENTS 15

SECTION I – CONTRACT CLAUSES 19

SECTION J -- LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 40

SECTION K -- REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF 48

OFFERORS

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS/OFFERORS 59

SECTION B -- SUPPLIES OR SERVICES AND PRICES

B.3 Price Schedule.

CLIN Description Cost

Mobilizations/De-Mobilization

Demolition/Disposal

New HVAC and Duct

Electrical

Direct Ditigial Control

Test & Balance

Equipment other than HVAC and Duct (item 3 above)

8 Additive Alternate (#1): A lightning protection system for the building will be provided and Surge Protection Device(s) will be placed on the electric service to protect the new digital

HVAC equipment. The Lightning protection shall include UL and LPI certified System Labels with building roof top

Lightning Protection Arrestors and shall be Aluminum Class 1.

All Down Leads shall be exterior and shall be Copper Class 1 terminated by UL 96 approved underground rated clamp to a single ground rod. A counterpoise system is not required. Level

1 surge protection shall be provided on the 800A main service at a minimum and surge protection on each sub panel as an option.

Sub-total Cost

Subcontract Cost

Travel Cost

Insurance

Bonds

General and Administrative Cost

Applicable Taxes

Profit

TOTAL

SECTION C -- DESCRIPTIONS AND SPECIFICATIONS

Minor Improvement and Repairs – G14M7505

Project Location

Pine Hill School/RNSB – P.O. Box 10, Pine Hill, NM - 87357

M75-02

N34. 53.29.69 - W108.24.52.43

Project Overview

Minor Improvement & Repair (MI&R) funding is made available for Bureau of Indian Affairs Educational Facilities to replace an ineffective heating system in Building #801. This project is to remove the old system and install new energy efficient Heating Ventilation and Air Conditioning (HVAC) in building 801.

HVAC System Summary: Construct/Build/Install HVAC system to heat and cool approximately 19,235 SF school building space. New HVAC system is to replace an existing ineffective electrical heating system at the school building

#801. Provide and install an energy efficient HVAC system. Any material and/or equipment necessary for the proper installation of the system not specified or described in this SOW shall be deemed part of the new HVAC system. HVAC installation shall comply with the latest applicable codes; local, state and federal. It shall be the Contractor’s responsibility to fellow all codes; mechanical, plumbing, electrical and building for a code compliant installation.

Construct/Build/Install: Heating Ventilation and Air Conditioning System for the main school building #801.

1. Remove/Dispose;

Existing obsolete Electric base board heaters throughout building.

Existing exterior eave mounted electric heating/ventilators (22 units).

Remove existing grills and registers

Remove existing electrical breaker/disconnect panels.

Disposal debris concrete, asphalt, piping and electrical to state landfill.

2. Installation; New energy efficient HVAC system.

Electric Variable Flow (VRF) heat pumps and associated connections (Electrical, duct/grills and registers.

New duct return duct work back to VRF units.

Install new 400 amp sub/break panel and disconnect.

Install new Direct Digital Controls (DDC) with seven day programmable thermostats for each unit installed.

Test and balance system with DDC.

Provide O&M manuals and train staff on new system.

Description of Work:

Contractor shall remove and dispose existing obsolete electric base board and exterior heaters ventilators through school

Building 801. Removal to include heater covers, Removal of all necessary piping associated with the heaters connection supply and return, Contractor shall supply (22) new HVAC units to replace the old obsolete heaters, disconnect and electrical panel. Add new circuits to accommodate new system and balance load in panel. New HVAC shall be located and installed at same location of the old Heaters/Ventilators on the exterior eaves. All reconfiguration and connection(s) of pipe-fitting, valves and safety controls to be included in the contract.

Specifications

Contractor shall coordinate with Bureau of Indian Affairs (BIA) representative prior to any work and subsequent shutdown of the Heating System. Contractor shall shut down and LOCKOUT electrical to existing heating in Building

801 in preparation for removal, installation startup. Contractor shall remove all old electric base board heater and related material to an offsite location. Contractor shall supply twenty-two (22) new HVAC units and as needed new 400 amp electrical panel and make all connections required to provide properly functioning system(s). Contractor shall install

HVAC and electrical panel in accordance with Manufactures recommended procedures. Contractor shall be responsible for all bracing, patching and cosmetic repairs required to install new HVAC units and electrical panel within Building

801. Contractor shall coordinate with Pine Hill school representative mode and method to facilitate work required.

Contractor shall provide all refuse and Dumpster container(s) for the duration of the project. All work shall be performed and inspected in accordance with National Mechanical Code, National Electrical Code (NEC) and International Building

Code (IBC) and International Plumbing Code (IPC). Contractor shall be responsible for all drywall and paint repair incurred during removal and installation process.

SAFETY

Contractor shall implement an appropriate safety control program applicable to the work being performed. A Fall

Protection Plan shall be instituted if workers are to be performing duties where their feet are greater than six (6’) feet from the ground or finished floor. All personnel on roadway projects shall wear appropriate Personal Protective Equipment

(PPE), I.E.: hard hat, safety glasses, steel toed work boots, hearing protection and safety vest. Contractor shall bear sole responsibility of taking all appropriate actions necessary to prevent accidents and injuries to individual’s, both contractor and general public, in and or around the work area.

GOVERNMENT PROVIDED MATERIALS

Design Analysis and Calculations dated 3/6/2017

Design Plans dated 2/20/2017

Specifications dated 3/7/2017

SUBMITTALS

The following items shall be submitted for review and approval prior to the Commencement of any site work:

A schedule of work and schedule of contract values shall be submitted no later than ten (10) working days prior to commencement any of work evolution.

A safety plan addressing all safety issues. See also H.3.

Bureau of Indian Affairs shall complete a review and either approve or notify the contractor(s) of deficiencies within a ten

(10) working days of receipt of submittal(s).

FINAL DELIVERABLES

Contractor shall provide twenty-two (22) Heating, Ventilation Air Conditioning units and new electrical panel(s).

New return duct work.

Duct grills and registers.

Electrical with all associated connections

DDC system (CPU, monitor, program(ming) and sensors.

Thermostatic and zone controls; checks and balances.

Owner manuals; training of maintenance staff.

Warranty(ies)

END OF STATEMENT OF WORK

SECTION E -- INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION AUGUST 1996

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

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the

Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

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

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The

Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The

Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

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

(g) If the Contractor does not promptly replace or correct rejected work, the Government may--

(1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) terminate for default the Contractor's right to proceed.

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

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

E.2 FINAL INSPECTION, SUBSTANTIAL COMPLETION, AND ACCEPTANCE OF COMPLETED

WORK

Final Inspection. Final inspection will be made by the Contracting Officer when requested and when the Contractor advises that all the materials have been furnished, all the work has been performed, and all the construction provided for by the contract has been completed in accordance with its terms. The Contractor shall be ready for final inspection in order that necessary arrangements can be made. If a minor portion of the materials to be furnished or work to be done or construction provided for by the Contractor has not been completed at time of final inspection, the work under the contract may be determined to be substantially complete and the Contractor advised by the Contracting Officer in writing of the date on which the work is determined to be substantially complete. On the date when all materials, work, or other requirements of the drawings, specifications, and contract are furnished or completed, acceptance will be given by the

Contracting Officer. The Contractor will be advised in writing of the date the work is determined to be completed and accepted, thereby relieving the Contractor of further responsibility for that unit of the work, and until such acceptance the

Contractor will be responsible for all work performed and materials delivered as provided in FAR Clause 52.236-7, Permits and Responsibilities.

Substantial Completion. Substantial Completion will ONLY be given by the CO when the project is complete such that it can be safely and effectively used by the public without further delays, disruption, or other impediments as recommended by the COR during a substantial completion inspection

Final Acceptance. Final Acceptance will be given when all work is completed (including any punch list items) and the

COR determines and schedules a final acceptance inspection with the Contractor and CO. With the exception of any work accepted as final, in writing by the CO, the Contractor is still responsible for all the work until a final acceptance is given by the CO based on recommendations from the COR.

SECTION F -- DELIVERIES OR PERFORMANCE

F.1 52.252-02 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, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far

Clause Title Date

52.242-15 Stop Work Order Aug 1989

52.242-17 Government Delay of Work Apr 1984

F.2. 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK APRIL 1984

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the

Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 calendar days. The time stated for completion shall include final cleanup of the premises.

F.3 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION SEPTEMBER 2000

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $639.34 for each calendar day of delay until the work is completed or accepted.

(a) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

F.4 52.211-13 TIME EXTENSIONS SEPTEMBER 2000

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

F.5 52.236-01 PERFORMANCE OF WORK BY THE CONTRACTOR APRIL 1984

The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifteen (15%) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

F.6 52.242-14 SUSPENSION OF WORK APRIL 1984

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

Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting

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

(c) A claim under this clause shall not be allowed--

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order);

and

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

F.7 DETERMINATION AND EXTENSION OF CONTRACT TIME

The calendar days, stated under Section F.1 - FAR 52.211-10, allowed for the performance of the contract is based upon the work to be performed and weather conditions that are normally anticipated in the area that may prevent work. Request for time extensions because of weather conditions shall not be granted except in the case of unusually severe weather or

"Act of Nature" unanticipated by this contract.

F.8 DAYS OF WORK

Construction work will not be permitted on Saturdays, Sundays, New Year's Day, Martin Luther King JR.'s Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day, or any other declared Government holiday. When any of the above holidays falls on Saturday, the preceding Friday is established as a holiday for Government employees or when any of the above holidays falls on a

Sunday, the Monday following that day is established as a holiday for Government employees. No construction will be permitted on those days; however, the Contracting Officer, when in his/her opinion is justified, may grant the Contractor permission to work on any of the above days upon written application by the Contractor in advance.

H.9 HOURS OF WORK

Except in executive, administrative, and supervisory positions, no individual directly employed on the project may be permitted to work more than 40 hours per workweek.

The Contractor shall submit to the Contractor Officer the name and legal address of each foreman to be employed upon the work prior to his entrance on duty. The foreman shall be affected by the 40-hour workweek provision above as long as their duties are strictly supervisory or administrative, but any foreman working with tools and performing the duties of a journeyman, mechanic, or actually engaged in manual labor will be limited by the 40-hour workweek provision notwithstanding the possibly of working only a portion of the 40-hour workweek as a journeyman, mechanic, manual labor.

SECTION G -- CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION - BUREAU OF INDIAN AFFAIRS

a. Contracting Officer and Contract Specialist

Sonia Nelson, Contracting Officer

BIA, Southwest Regional Office, Branch of Acquisition

1001 Indian School Rd., NW Suite 347

Albuquerque, NM 87104

Telephone No.: (505) 563-3129 Facsimile No.: (505) 563-3034

Email: Sonia.Nelson@bia.gov

Jeff Sena, Contract Specialist

BIA, Southwest Regional Office, Branch of Acquisition

1001 Indian School Rd., NW Suite 347

Albuquerque, NM 87104

Telephone No.: (505) 563-3007 Facsimile No.: (505) 563-3034

Email: jeff.sena@bia.gov

G.2 CONTRACT ADMINISTRATION CONTRACTOR

Designate a person whom the Government may contact during the period of the contract for prompt action on matters pertaining to the administration of the contract. Authorized Administrator is:

Name: ___________________________________

Address: ___________________________________

Phone No.: _________________________________

Email: ___________________________________

G.3 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE:

a. The Contracting Officer shall designate a Contracting Officer's Technical Representative (COTR) who will represent the Contracting Officer in the technical phase of the work. The COTR's duties, responsibilities, and limitations of authority will be set forth in a written COTR designation letter. A copy of the COTR designation letter will be made available to the Contractor.

b. The COTR is not authorized to make any changes to the terms and conditions of this contract. Only the

Contracting Officer is authorized to make any changes to the contract by a properly written signed modification to the contract.

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

G.4 DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS SEPT 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 (COTR) at time of award. The COTR will be responsible for technical monitoring of the contractor's performance and deliveries. The COTR 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 COTR 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 COTR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COTR'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 COTR.

(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.5 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET PAYMENT

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:

(1) Upload contractor’s itemized invoices as attachments into IPP.

(2) The Contractor shall submit an itemized invoice(s) in pdf format to the Contracting Officer and the Contracting

Officer's Representative (COR). The invoice shall provide the following:

(a) Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).

(b) Invoice date.

(c) Contract Number: Task or Delivery Order Number

(d) Description of supplies/services that match the description on the contract award.

(3) Contracting Officer’s Invoice approval: Written Progress Report to validate the work was performed, completed, and accepted by the Contracting Officer's Technical Representative.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The

Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

G.6 FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the

Contracting Officer and has authority to act for the Contractor.

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1 REQUIREMENTS FOR EXECUTION OF SURETY BONDS

Performance and Payment Bonds are required within 10 days after award of the contract; the Contractor shall execute and furnish two bonds, each with good and sufficient surety or sureties acceptable to the Government; namely, a Performance

(Standard Form 25) and a Payment Bond (Standard Form 25A). Standard Form 25 and 25A are available at http://www.gsa.gov/portal/forms/download/115986. The penal sums of such bond will be as follows:

(a) Performance Bond, Standard Form 25 - The amount of the performance bond shall be 100% of the original contract price.

(b) Payment Bond, Standard Form 25A - The amount of the payment bond shall be 100% of the original contract price.

H.2 MODIFICATION PROPOSAL - COST BREAKDOWN

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

H.3 CONTRACTOR SAFETY PROGRAM REQUIREMENTS

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

(a) Safety Program Submittal: Within 10 days following the awarding of a contract, the Contractor shall submit in writing to the Contracting Officer's Representative (COR) a proposed comprehensive safety program for approval. The

Contractor's safety program shall detail policies, procedures and plans that will be implemented to ensure the safety and health of employees and visitors at the job site. The Contractor shall prepare a list of major hazards associated with the contract work and provide in the safety program means to minimize the hazards.

(b) Safety Meeting: Representative of the Contractor shall meet with Contracting Officer's Representative and/or

CO prior to the start of construction to review the safety program and discuss implementation of health and safety provisions pertinent to the work under contract. The Contractor should be prepared to discuss, in detail, the measures to be taken to control the hazards associated with the major phases of the work under contract. This meeting shall be devoted mainly to a discussion of the manner in which the Contractor intends to administer the health and safety program, delegation of responsibility for implementing the program, and a determination of what shall be presented in the written safety program.

(c) Contractor Housekeeping Requirement: Good housekeeping, including provision and facilities for routine scrap removal, shall be maintained in all areas within the Contractor's scope of operation. Any and all garbage shall be stored and removed to an approved dump site as specified by the permitting Agency. The construction yard(s) shall be restored to their natural condition or better as required by the permitting requirements and in accordance with Tribal, State, and

Federal law (i.e. applicable OSHA construction standards).

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

H.4 TAXES

(a) Federal, State, and Local Taxes. Contractor is responsible for contacting the tribe or tribal organization and state tax authority involved with regard to any requirements regarding tribal and state taxes, royalties and/or other applicable tribal laws or ordinances. Any costs associated with this section shall be included in the contractor's offer.

(b) Contractor is responsible for contacting the following tribes listed below for Indian Preference employment information, tribal taxes and fees, and the state tax authority. Current available information is identified below:

State: New Mexico Taxation & Revenue, website: www.tax.newmexico.gov

Navajo Nation: www.navajotax.org

H.5 AVAILABILITY OF RECORDS

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

H.6 SUBCONTRACTING AND SUBCONTRACTORS

(a) Work to be performed by Prime Contractor. The prime contractor shall perform on the site with its own force work amounting to not less than fifteen (15%) pursuant to FAR 52.236-01, Performance of Work by

Contractor.

(b) Selection of Subcontractors. Except as provided in DIAR Clause 1452.226-71, Indian Preference, the contractor and each subcontractor shall be free to select their subcontractors. The contractor shall submit or require the submission of the following information to the Contracting Officer.

(1) The name and address of each subcontractor.

(2) A detailed description of the work covered by each subcontract.

(3) A statement that the subcontractor has adequate resources and is capable of performing the work.

(c) Furnish Copies of Subcontracts. No subcontractor will be allowed to perform any work on the project site until the conditions in (b) above have been met and the contractor has completed and submitted SF-1413, Statement and

Acknowledgment, to the Contracting Officer in accordance with FAR Clause 52.222-11, Subcontracts (Labor Standards).

Standard Form 1413 is available at http://www.gsa.gov/portal/forms/download/115794. The subcontract shall include therein, verbatim, paragraphs b(1) through b(11) of FAR Clause 52.222-26, Equal Opportunity, incorporated by reference in this contract. These requirements pertain to all subcontracts, no matter what tier or relationship they have to the prime contractor except that the FAR Clause 52.222-26, Equal Opportunity is not required to be included in subcontracts of

$10,000 or less.

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

H.7 ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable

Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control

Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251); the Clean Air Act as amended

(42 U.S.C. Sec 7401); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); Solid Waste

Disposal Act, as amended (42 U.S.C. 6901).

H.8 HSPD-12 REQUIREMENTS BACKGROUND INVESTIGATION - CONTRACTOR PERSONNEL

SECURITY AND SUITABILITY REQUIREMENTS

Performance of this contract requires contractor personnel to have a Federal government-issued Personal Identity

Verification (PIV) credential before being allowed unsupervised access to a DOI [facility and/or information system]. The

Contracting Officer's Representative (COR) or Contracting Officer's Technical Representative (COTR) will be the requesting official, and will make arrangements through a DOI Access Card Sponsor for personal identity verification and

DOI Access Card issuance.

At least two weeks before start of contract performance, the Contractor must identify all contractor and subcontractor personnel who will require [physical and/or logical] access for performance of work under this contract. Physical Access means routine, unescorted or unmonitored access to nonpublic areas of a federally-controlled facility. Logical Access means routine, unsupervised access to a Level 3 or 4 federally-controlled information system. The Contractor must make their personnel available at the place and time specified by the COR/COTR or DOI Access Card Sponsor in order to initiate screening and background investigations. The following forms and inquiries, or their equivalent, will be used to initiate the credentialing process:

● OPM Standard Form 85 or 85P

● OF 306

● National Criminal History Check (NCHC) (local procedures may require the fingerprinting to done at a police station; in this case, any charges are to be borne by the contractor)

● Release to Obtain Credit Information

● PIV card application (web-based)

Before starting work under this contract, a National Criminal History Check (NCHC) will be initiated to verify the identity of the individual applying for clearance and to determine the individual's suitability for the position. If the NCHC adjudication is favorable, a DOI Access Card will be issued for that individual. If the adjudication is unfavorable, the credentials will not be issued and the contractor must make other arrangements for performance of the work. In the event of a disagreement between the Contractor and the Government concerning the suitability of an individual to perform work under this contract, DOI shall have the right of final determination.

Contractor employees must give, and authorize others to give, full, frank, and truthful answers to relevant and material questions needed to reach a suitability determination. Refusal or failure to furnish or authorize provision of information may constitute grounds for denial or revocation of credentials. Government personnel may contact the contractor personnel being screened or investigated in person, by telephone or in writing, and the Contractor must ensure they are available for such contact.

Alternatively, if an individual has already been credentialed by another agency through OPM, and that credential has not yet expired, further investigation may not be necessary. In that case, the contractor must provide the COR/COTR with documentation that supports the individual's credentialed status.

Contractor employees who have been successfully adjudicated will be issued DOI Access Cards, which must be activated at a USAccess Credentialing Center. Those Contractor employees not located within a reasonable travel time of a

USAccess Credentialing Center will be screened and issued alternate credentials, such as temporary access badges.

During performance of the contract, the Contractor must keep the COR/COTR apprised of changes in personnel to ensure that performance is not delayed by compliance with credentialing processes. Cards that have been lost, damaged, or stolen must be reported to the COR/COTR and Issuing Office within 24 hours. If reissuance of expired credentials is needed, it must be coordinated through the COR/COTR.

At the end of contract performance, or when a contractor employee is no longer working under this contract, the

Contractor must ensure that all identification cards are returned to the COR/COTR.

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

A favorable screening (applicant and suitability) determination must be made by the Bureau of Indian (BIE), Personnel

Security and Suitability Program prior to contract award or made within 60 days of incorporation of this clause into a current/existing contract. Pending completion of a background investigation by OPM, the contractor who has been granted a favorable screening (applicant and suitability) determination must be within the sight and under the supervision of a Government employee who has had a completed background investigation (42 U.S.C. 13041 (3)) during contract performance until a final background investigation determination has been made.

Prior employment with the Federal Government, including BIE or the Bureau of Indian Affairs, does not assure that the appropriate screening or investigation was conducted nor does it alleviate or guarantee a favorable screening (applicant and suitability) determination or background investigation.

Prior to contract award the Acquisition Office will notify the resultant contractor to provide verification of favorable screening. Upon receipt of award within five (5) calendar days, it is solely the company, individual or contractor’s responsibility to contact the BIE Personnel Security and Suitability Program at (505) 563-5287/5288/5289/5294 in order to obtain and submit a complete security package, which includes but is not limited to appropriate investigative forms and/or inquire about their previous investigation; and, obtain a screening (applicant and suitability) determination, and subsequent final background investigation.

If an unfavorable screening (applicant and suitability) determination is made, a contract shall not be awarded to the individual who received an unfavorable screening or to the company who has provided the proposal.

SECTION I – CONTRACT CLAUSES

I.1 52.252-02 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, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far

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 Subcontractor Sales to the Government Sept 2006

52.203-7 Anti-Kickback Procedures May 2014

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

52.203-16 Preventing Personal Conflicts of Interest Dec 2011

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights Apr 2014

52.204-4 Printed or Copied Double-Sided on Recycled Paper May 2011

52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards Oct 2016

52.204-12 Data Universal Numbering System Number Maintenance Oct 2016

52.204-14 System for Award Management Maintenance Oct 2016

52.209-6 Protecting the Government’s Interest When Subcontracting with Oct 2015

Contractors Debarred, Suspended, or Proposed for Debarment.

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters July 2013

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov 2015

52.211-18 Variation in Estimated Quantity Apr 1984

52.215-19 Notification of Ownership Changes Oct 1997

52.219-6 Notice of Total Small Business Set-Aside Nov 2011

52.219-8 Utilization of Small Business concerns Nov 2016

52.219-28 Post-Award Small Business Program Representation July 2013

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

52.222-2 Payment for Overtime Premiums July 1990

52.222-3 Convict Labor June 2003

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation May 2014

52.222-6 Construction Wage Rate Requirements May 2014

52.222-7 Withholding of Funds May 2014

52.222-8 Payrolls and Basic Records May 2014

52.222-9 Apprentice and Trainee July 2005

52.222-10 Compliance with Copeland Act Requirements Feb 1988

52.222-11 Subcontracts (Labor Standards) May 2014

52.222-12 Contract Termination-Debarment May 2014

52.222-13 Compliance with Davis-Bacon and Related Act Regulations May 2014

52.222-14 Disputes Concerning Labor Standards Feb 1988

52.222-15 Certification of Eligibility May 2014

52.222-16 Approval of Wage Rates MAY 2014

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 May 2014

52.222-21 Prohibition of Segregated Facilities Apr 2015

52.222-26 Equal Opportunity Sept 2016

52.222-27 Affirmative Action Compliance Requirement for Construction Apr 2015

52.222-29 Notification of Visa Denial Apr 2015

52.222-30 Construction Wage Rate Requirements—Price Adjustment

(None or Separately Specified Method) May 2014

52.222-31 Construction Wage Rate Requirements—Price Adjustment

(Percentage Method) May 2014

52.222-32 Construction Wage Rate Requirements—Price Adjustment (Actual Method) Jan 2017

52.222-35 Equal Opportunity for Veterans Oct 2015

52.222-36 Equal Opportunity for Workers with Disabilities July 2014

52.222-37 Employment Reports on Veterans Feb 2016

52.222-50 Combating Trafficking in Persons Mar 2015

52.222-54 Employment Eligibility Verification Oct 2015

52.222-55 Minimum Wages Under Executive Order 13658 Dec 2015

52.223-2 Affirmative Procurement of Bio-based Products Under Service and

Construction Contracts Sept 2013

52.223-3 Hazardous Material Identification and Material Safety Data Jan 1997

52.223-3 Alt I, Hazardous Material Identification and Material Safety Data Alternate I July 1995

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

52.223-6 Drug-Free Workplace May 2001

52.223-7 Notice Of Radioactive Materials Jan 1997

52.223-9 Estimate of Percentage of Recovered Material Content for

EPA Designated Items. May 2008

52.223-10 Waste Reduction Program May 2011

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners Jun 2016

52.223-15 Energy Efficiency in Energy-Consuming Products Dec 2007

52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts May 2008

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

52.223-19 Compliance with Environmental Management Systems May 2011

52.225-23 Required Use of American Iron, Steel, and Manufactured Goods

—Buy American Statute—Construction Materials under Trade Agreements Oct 2016

52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises June 2000

52.227-1 Authorization and Consent Dec 2007

52.227-4 Patent Indemnity-Construction Contracts Dec 2007

52.228-2 Additional Bonding Security Oct 1997

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

52.228-7 Insurance-Liability to Third Persons. Mar 1996

52.228-15 Performance and Payments Bonds - Construction Oct 2010

52.229-3 Federal, State and Local Taxes Feb 2013

52.232-5 Payments under Fixed-price Construction Contracts May 2014

52.232-16 Progress Payments April 2012

52.232-17 Interest May 2014

52.232-18 Availability of Funds April 1984

52.232-19 Availability of Funds for the Next Fiscal Year April 1984

52.232-24 Prohibition of Assignment of Claims May 2014

52.232-27 Prompt Payment for Construction Contracts May 2014

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

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.233-3 Protest after Award Aug 1996

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

52.236-04 Physical Data Apr 1984

52.236-08 Other Contracts Apr 1984

52.236-13 Accident Prevention NOV 1991

52.236-16 Quantity Surveys Apr 1984

52.242-13 Bankruptcy July 1995

52.243-5 Changes and Changed Conditions Apr 1984

52.243-7 Notification of Changes Apr 1984

52.244-2 Subcontracts Oct 2010

52.244-6 Subcontracts for Commercial Items Nov 2016

52.245-1 Government Property Apr 2012

52.246-11 Higher-Level Contract Quality Requirement Dec 2014

52.246-12 Inspection of Construction Aug 1996

52.246-21 Warranty of Construction Mar 1994

52.248-3 Value Engineering—Construction Oct 2015

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

Alternate I

52.249-10 Default (Fixed-Price Construction) Apr 1984

52.253-01 Computer Generated Forms Jan 1991

1452.203-70 Restriction on Endorsements July 1996

1452.215-70 Examination of Records by the Department of the Interior Apr 1984

1452.215-71 Use and Disclosure of Proposal Information— Apr 1984

Department of the Interior

1452.224-1 Privacy Act Notification (Deviation) July 1996

1452.225-70 Use of Foreign Construction Materials--Department of the Interior July 1996

1452.226-70 Indian Preference April 1984

1452.226-71 Indian Preference Program April 1984

1452.228-7 Insurance—Liability to Third Persons Apr 1984

1452.236-70 Prohibition Against Use of Lead-Based Paint July 1996

1450-0016-001 Homeland Security Presidential Directive 12 (HSPD 12) August 2004

I.2 1452.204-70 RELEASE OF CLAIMS--DEPARTMENT OF THE INTERIOR JULY 1996

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

I.3 1452.228-70 LIABILITY INSURANCE JULY 1996

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the

Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of

America. The amounts of the insurance shall be not less than as follows:

(1) Worker's Compensation: $500,000.00; and employer's liability: $500,000.00;

(2) General Liability: $800,000.00 each person $200,000.00 each occurrence;

(3) Property Damage: $1,000,000.00.

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the

Government in such insurance. The certificate shall identify the contract number, the name and address of the

Contracting Officer, as well as the insured, the policy number and a…