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This is an Invitation for Bid (IFB) for turnout buildings and related infrastructure on the Navajo-Gallup Water Supply Project (NGWSP) in New Mexico. The Bureau of Reclamation is soliciting bids for construction work across seven locations: Sanostee, Newcomb, Naschitti, BBN9, Coyote Canyon, Rock Springs, and Window Rock. The project magnitude is estimated between $18,000,000 and $23,000,000, with a completion deadline of April 16, 2029, and liquidated damages of $4,536 per calendar day of delay.

The scope includes turnout building construction, electrical systems, corrosion protection systems, security and surveillance systems, utility piping and valves, road construction or improvements, dust abatement, riprap, gravel surfacing, fencing, and seeding across all seven locations. Bidders must submit offers on all seven price schedules simultaneously; partial bids are not acceptable. Key requirements include establishing quality control/assurance programs, conducting quantity surveys by a registered professional land surveyor, submitting detailed submittals in logical formats, maintaining as-built drawings in .dwg format, and complying with environmental regulations including Storm Water Pollution Prevention Plans (SWPPP). The contract incorporates Indian preference provisions requiring contractors to provide employment and subcontracting opportunities to Indian organizations and Indian-owned enterprises. Contract payments include reimbursement for New Mexico Gross Receipts Tax (estimated 6.8125%) and Navajo Nation Tax (estimated 6.00%) upon submission of proof-of-payment receipts. A post-award conference will be held at the Four Corners Construction Office in Farmington, New Mexico, and a site visit is scheduled for Wednesday, August 26, 2026, at 8:00 AM MT. The IFB incorporates numerous FAR clauses and includes specific Reclamation deviations covering construction management, cultural resources compliance, and archaeological monitoring.

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Navajo-Gallup Water Supply Project Turnout Buildings

Solicitation No. 140R4026B0002

UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

UPPER COLORADO REGION

SALT LAKE CITY, UTAH

Solicitation

Document No.

140R4026B0002

Document Title NGWSP Turnout Buildings

Preface This section is a synopsis of the items identified by Reclamation that have been problematic for some contractors. The items have been identified through previous real-world performance of construction with Reclamation. The following items are not all-encompassing of problems that may or may not be encountered and are only meant to identify general challenges contractors may run into when contracting with Reclamation for construction work. The purpose of this document is to allow contractors to propose construction more accurately at contract inception and reduce contract interpretation disagreements after contract award. It is highly recommended the Contractor read and become intimately familiar with both the solicitation and contract specifications and drawings prior to construction, as that can also head off potential disagreements as the work is being completed.

NOTE: The examples given within are for reference purposes only. Reclamation does not take responsibility for the application of calculations during offer creation. The Contractor is required to apply all calculations internally, and the items in this document are for awareness purposes only.

DISCLOSURE OF THE MAGNITUDE OF THE CONSTRUCTION PROJECT: The magnitude of this project is between $18,000,000.00 and $23,000,000.00.

Quality Control & Quality Assurance:

FAR Clause 52.246-12 - Inspection of Construction, requires the Contractor to establish a construction inspection system to ensure quality. Accordingly, per section 01 46 00 – Quality Procedures, a Quality Control Testing is required to evaluate results of tests when determining acceptability of work. Contractor may use the test results as part of the Quality Assurance (QA)/ Quality Control (QC), however the tests do not relieve the Contractor of maintaining adequate quality system in accordance with the clause at FAR 52.246-12 - Inspection of Construction.

The contractor will conduct its own Quality Assurance (QA) program, and Reclamation will only intermittently conduct its own Quality Assurance for specification compliance only, which may include inspection and tests performed by Government staff to ensure compliance with terms of the contract. Test performed by Reclamation will be used to ensure compliance with contract requirements and are not to be a replacement for specified Contractor quality contract and quality assurance testing. In the event of a discrepancy between Contractor’s and Government’s test results if performed, Reclamation’s quality assurance test results will be compared to the contractor’s results and a determination must be made whether the item conforms to the specifications or needs to be repaired/replaced at no additional cost to the government.

Quantity Surveys:

FAR Clause 52.236-16 Alt I Quantity Surveys will be included in this contract. Many contractor personnel have had issues providing adequate survey data IAW the referenced clause. This requires both preliminary and final surveys to be performed by the contractor. The contract requires (specs and clause) that a surveying plan be submitted (Surveying Plan) IAW specification 01 33 00. The surveying plan must be approved by Reclamation prior to the beginning of surveying work. The contract also requires submittal of all quantity survey notes and computations, as well as workday’s survey notes. This is important as the quantity for payment must be verified against the actual survey data. Quantity surveys and calculations, along with as-built drawings, are required to be submitted with each monthly construction progress payment for a contractor’s invoice to be considered as proper. Once construction is complete and all submittals are finalized, the balance of the lump sum price will be paid in the final invoice, quantity surveys are used to ensure the government does not unintentionally advance pay during progress payments.

The Government will have survey crews on site as part of its internal construction oversight and inspection program. However, this is not to be relied on by the Contractor as meeting the survey specifications. The Contractor is expected to provide fulltime survey support under the direction of a registered professional land surveyor licensed in the state where the work is being completed IAW the survey specifications (section 01 71 20 – Surveying). Historically, many contractors have missed this requirement, and it has led to payment disagreements.

Submittals:

The submittals required for Reclamation projects can be very detailed. Reclamation is a very data-centric organization of engineering-minded personnel. As such, the data needs to be correct and submittals shall be thought out, in a logical format, and be thorough. A ‘shotgun-spread’ approach will not work. Meaning, if a contractor submits superfluous information and/or with no format or shown understanding of the items, it will likely lead to rejection and a required resubmittal of the items. The same is true if a contractor only submits a portion of the items required under a requirement submittal number (RSN). The Contractor is responsible for providing quality control of contractor and subcontractor submittals to ensure they contain all, but no more than, the items required by a particular RSN.

Reclamation will retain many, if not all, of the records in library retention for many years. This is for awareness purposes only.

As-Built Drawings:

Section 01 78 30 of the specifications covers this in detail. Reclamation expects full compliance with keeping drawings on site as required in the specifications and final electronic as-builts in .dwg format. As noted in the specification, final as-builts are to include manufacturer/subcontractor drawings (mechanical etc.). See specifications for further information.

Environmental Compliance and Permitting:

Environmental Compliance is a very strictly enforced item. Reclamation has built a healthy and trusting relationship with the Navajo Nation Environmental Protection Agency (NNEPA), the U.S. Environmental Protection Agency (EPA), and the Army Corps of Engineers in complying with various environmental regulations, namely the Clean Water Act (CWA). Reclamation values these relationships and expects full compliance from the Contractor on all environmental items.

Many contractors unfamiliar with Reclamation run into initial issues because they: 1) do not have a dedicated environmental compliance member/team familiar with Clean Water Act (33 U.S.C. §1251 et seq. (1972)) permitting implementation experience, and specifically Storm Water Pollution Prevention Plan (SWPPP), 2) and rely on Reclamation to point out non-compliance reactively, rather than proactively implementing and managing this aspect of the job.

Some items of small nature may be required after contract award to comply with local Right of Way (ROW) changes/requirements.

These items will be paid on a case-by-case basis on actual costs plus any reasonable overhead or profit.

Example: encountered well water, directed safety and water preservation compliance, paid back based on quantity surveys of actual qty (not payline) for overage, directed work. Site runoff water creating a path to other natural sites off the approved right of way, etc.

Concern Example: Standing water pooled up near open manholes, Reclamation directed that the manholes be covered to prevent rainwater backfilling the pipe, per the specification requirements. Environmental personnel inspections identified multiple discrepancies with SWPPP compliance, directed fixes at no additional cost to the government. Be mindful of the requirements as they can add up if not initially planned for.

Cultural Resources Compliance and Archaeological Monitoring:

Given the density of archaeological sites and artifacts in this area of the country, some items of archaeological and cultural importance are expected to be encountered during construction, including previously unknown sites and artifacts called discoveries. The delays for any ROW restrictions needed to protect those resources shown in the bid documents shall be included in the initial bid. The contract may be modified for time and/or cost if cultural resources discoveries are encountered, and the Contractor does not have other areas where work can be shifted. Be sure to read the specifications sections. See specifications section 01 57 60 and 01 57 90 for further details. It can be expected that the construction monitors of an Archaeological or Monitoring Firm may contact the Reclamation personnel and have the CO direct a temporary stop work until the discovery is mitigated or otherwise addressed and resolved.

Project Specific Areas of Concern:

There are no specific areas of concern for this project.

Schedule B CLINs 1-4, 1-5, 2-4, 2-5, 3-4, 3-5, 4-4, 4-5, 5-4, 5-5, 6-4, 6-5, 7-4, 7-5:

These CLINs for As-Built Drawings and Final Drawings have pre-priced amounts listed. This is done to ensure a significant amount can be retained before final invoice to ensure As-Built Drawings and Final Drawings are received before final invoice is paid. The contractor may propose an alternate amount; however, it will be reviewed to ensure a meaningful amount has been proposed that allows Reclamation to guarantee the delivery of the As-Built Drawings and Final Drawings required by the contract.

Taxes:

In accordance with FAR 52.229-3- Federal, State, and Local Taxes, the contract price offered by contractors includes all applicable Federal, State, and local taxes with the exception of New Mexico Gross Receipts Tax and Navajo Nation Tax. The Contractor must rely on its internal tax experts to ensure full compliance with tax laws. Be aware that both New Mexico Gross Receipts Tax (NMGRT) and Navajo Nation (NN) tax may apply to the work.

Taxes will be reimbursed on the actual tax rate at the time of each invoice period. The tax filing documents/receipts must be submitted with the invoice to be reimbursed the taxes paid. Taxes can be withheld to quarterly or longer if it is easier to process based on the business model of the contractor, but the tax forms/receipts (i.e. GRT-PV for NM or Form 600/601/604 for NN taxes – proof of payment) from either the State of New Mexico (NM) or the Navajo Nation (NN) must be submitted to be reimbursed for taxes.

Taxes must be presented/estimated in the proposal to allow for appropriate budgeting of dollars for the resultant contract. The tax rate is subject to change during multiple years of performance, which historically happens in the State of NM (e.g. awarded at 6.5% NMGRT, June of the same year rate rises to 6.875% NMGRT, the following January the tax rate drops back to 6.5% NMGRT, etc.). This is a recent change in strategy for taxes, but the idea is Reclamation will reimburse actual NMGRT and NN taxes paid during each invoice/tax period to handle fluctuations in taxes during performance with receipts/proof of payment provided with each invoice.

Site Visit:

An organized site visit is scheduled for – Wednesday August 26, 2026 @ 8 AM MT

Participant will meet at – Four Corners Construction Office 1235 La Plata Highway Farmington, New Mexico 87401

Please contact Tim Gonzales (TJGonzales@usbr.gov, 505-360-0289) to be added to the attendee list and for any additional questions information concerning the site visit.

Subcontractors:

Subcontractors cannot submit partial proposals straight to the Government. Subcontractors shall propose directly to prime contractors.

Items will not be pre-qualified during the synopsis or solicitation period. It is the prime contractor’s responsibility to confirm items meet the specifications of this requirement.

52.236-8 OTHER CONTRACTS – RECLAMATION DEVIATION APRIL 1984:

Please carefully read this clause as this effort will potentially overlap with other Reclamation contracts.

52.222-11 SUBCONTRACTS (LABOR STANDARDS) MAY 2014:

Please carefully read this clause and ensure SF-1413’s are submitted to the Contracting Officer (by email). You should cc the Contract Specialist (CS) and Contracting Officer’s Representative (COR).

Note:

The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

Contents Solicitation No. 140R4026B0002

Preface

SECTION A – SF-1442

SECTION C – Statement / Description / Specification of Work SECTION D – Packaging and Marking SECTION E – Inspection and Acceptance

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

SECTION F - Deliveries or Performance

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

F.2 52.211-12 LIQUIDATED DAMAGES-CONSTRUCTION SEPTEMBER 2000

SECTION G - Contract Administration Data G.1 DOI-AAAP 0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)

APRIL 2013

G.2 WBR 1452.242-80 POST AWARD CONFERENCE - BUREAU OF RECLAMATION (MARCH 2022)

G.3 WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES AND LIMITATIONS -BUREAU OF

RECLAMATION (MAY 2018)

SECTION H - Special Contract Requirements

H.1 DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

H.2 INDIAN PREFERENCE

H.3 INDIAN PREFERENCE PROGRAM

H.4 VARIATION IN ESTIMATED QUANTITY

H.5 AUTHORITIES AND DELEGATIONS

H.6 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

H.7 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND

COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29

H.8 AVAILABILITY OF DEFENSE SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST) WEBSITE

SECTION I - Contract Clauses

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

I.2 52.203-14 DISPLAY OF HOTLINE POSTER(S) NOVEMBER 2021

I.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (RFO Deviation) JANUARY 2026

I.4 52.222-9 APPRENTICES AND TRAINEES JULY 2005 DEVIATION FEBRUARY 2025

I.5 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (SEPTEMBER 2025)(DEVIATION) I.6 52.223-2 REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS MAY 2024

DEVIATION FEBRUARY 2025

I.7 52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS

– REPRESENTATION DECEMBER 2016 RESERVED DEVIATION FEBRUARY 2025

I.8 52.223-23 SUSTAINABLE PRODUCTS AND SERVICES MAY 2024 DEVIATION FEB 2025

I.9 52.236-8 OTHER CONTRACTS – RECLAMATION (RFO Deviation) January 2026 I.10 52.236-21 ALT II SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION JANUARY 2026 (DEVIATION)

I.11 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS. (RFO DEVIATION) MARCH 2026

I.12 52.240-93 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS. MARCH 2026 I.13 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES JANUARY 2025 DEVIATION

FEBRUARY 2025

I.14 52.225-11 BUY AMERICAN-CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (NOVEMBER 2023)

I.15 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES NOVEMBER 2020

I.16 WBR 1452.223-81 SAFETY AND HEALTH – BUREAU OF RECLAMATION OCTOBER 2022

I.17 WBR 1452.232-81 – PAYMENT FOR MOBILIZATION AND PREPARATORY WORK – BUREAU OF RECLAMATION MARCH I.18 WBR 1452.236-84 PRESERVATION OF CULTURAL RESOURCES BUREAU OF RECLAMATION MARCH 2022

I.19 WBR 1452.237-80 SECURITY REQUIREMENTS - BUREAU OF RECLAMATION (MAR 2022)

I.20 WBR 1452.243-80 MODIFICATION PROPOSALS – BUREAU OF RECLAMATION MARCH 2022

SECTION J – List of Attachments and Exhibits SECTION K – Representations, Certifications and Other Statements of Offerors

K.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEBRUARY 1998

K.2 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY SEPTEMBER 2023

K.3 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION APRIL 1985

K.4 52.204-20 PREDECESSOR OF OFFEROR AUGUST 2020

K.5 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS AUGUST 2020

K.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS OCTOBER 2018

K.7 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION

UNDER ANY FEDERAL LAW FEBRUARY 2016

K.8 52-209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2025)

K.9 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS – CERTIFICATION NOVEMBER 2021

K.10 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS FEBRUARY 2024

K.11 52.219-2 Equal Low Bids (Oct 1995)

SECTION L – Instructions, Conditions and Notices to Bidders

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEBRUARY 1998

L.2 52.216-1 – TYPE OF CONTRACT APRIL 1984

L.3 52.228-1 - BID GUARANTEE SEPT 1996

L.4 52.252-5 – AUTHORIZED DEVIATIONS IN PROVISIONS (NOVEMBER 2020)

L.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS L.6 1452.233-2 – SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR (JUL 1996) (DEVIATION)

L.7 WBR 1452.236-85 INSTRUCTION FOR MOBILIZATION AND PREPARATORY WORK SCHEDULE LINE ITEM - BUREAU OF

RECLAMATION (MAR 2022)

L.8 DOI-AAAP-0076 – MINIMUM SUBCONTRACTING GOALS FOR THIS SOLICITATION

SECTION M - Evaluation Factors for Award

M.1 NOTICE OF BID OPENING

SECTION A – SF-1442

CONTINUATION OF

SECTION B – SUPPLIES OR SERVICES AND PRICES

SAN JUAN LATERAL – TURNOUT BUILDINGS

NAVAJO-GALLUP WATER SUPPLY PROJECT, NEW MEXICO

B.1 PRICE SCHEDULES

(a) Offers will be considered for award on the following Price Schedules, but no offer will be considered for award on only part of the Price Schedules. Offers are subject to the terms and conditions of this solicitation.

(b) Quantities in Price Schedules are estimated quantities for comparison of offers only. Except as provided with the provision at H.4, Variation in Estimated Quantity, no claim shall be made against Government for overruns or underruns. Contract clause at H.4, Variation in Estimated Quantity does not apply to lump sum items.

(c) See contract clause at WBR 1452.232-81, Payment for Mobilization and Preparatory Work, for CLINs 1-1 and 2-1.

(d) Definitions:

(1) CLIN – Contract Line Item Number

(e) Note: In accordance with Section 7-9-3.3 of New Mexico Statutes Annotated (NMSA) 1978 and Section 402 of Navajo Nation’s Business Activity Tax Statute, it is Contractor’s responsibility to ensure that all applicable New Mexico Gross Receipts Tax and Navajo Nation Gross Receipts Tax are included in their price proposal.

(f) In accordance with FAR 52.232-5 (Payments under Fixed-Price Construction Contracts) (b)(2), payment may be approved for materials delivered to Contractor at locations other than the site if Contractor obtains CO approval prior to making arrangements for obtaining the materials. Contractor shall also be required to complete a “Materials on Hand Certificate” which will certify:

(1) Materials described for use on identified contract.

(2) Materials are clearly marked to identify that they belong to contract cited.

(3) Full title for those materials vested in Prime Contractor sited.

(4) Materials are free of liens and encumbrances.

(5) Materials are properly stored, secured, and protected against loss or damage.

PRICE SCHEDULE 1 (Sanostee)

CLIN Section Supplies or Services Quantity and Unit

Unit Price Amount

1-1 WBR

1452.232-

Mobilization and Preparatory Work

For the lump sum of $

1-2 01 31 30 Contract Document Management System (CDMS)

For the lump sum of $

1-3 01 56 15 Utility Crossing Investigations

For the lump sum of $

1-4 01 78 30 As-built Drawings For the lump sum of $10,000

1-5 01 78 30 Final Drawings For the lump sum of $5,000

1-6 13 34 00 Turnout Buildings For the lump sum of $

1-7 25 00 01 System Control and Monitoring

For the lump sum of $

1-8 26 05 02 Complete Electrical System for Outdoor Equipment Only

For the lump sum of $

1-9 26 05 33 Electrical Conduit 450 ft. Per location

1-10 26 05 33 Fabricated Sheet Steel Boxes, Wiring Troughs, and Precast Handholes

For the lump sum of $

1-11 26 42 00 Corrosion System(s) for Turnout Yard Pipe

For the lump sum of $

1-12 26 42 11 Buried Galvanic Anode Cathodic Protection for Turnout Yard Pipe

For the lump sum of $

1-13 27 30 31 Telephone System For the lump sum of $

1-14 28 10 01 Security and Surveillance System

For the lump sum of $

1-15 31 02 10 Water for Dust Abatement 15 M (1,000) Gal

1-16 31 02 30 Dust Palliative 0.19 acre $ $

PRICE SCHEDULE 1 (Sanostee)

Unit

Unit Price Amount

1-17 31 37 00 Riprap 50 yd3 $ $

1-18 32 15 10 Gravel Surfacing 90 yd3 $ $

1-19 32 31 15 Ornamental Fence 220 ft. $ $

1-20 32 92 20 Seeding 0.06 acre $ $

1-21 33 13 00 Disinfection of Water Utility Distribution

For the lump sum of $

1-22 35 21 95 Steel Manifold Piping For the lump sum of $

1-23 35 22 14 Valves and Equipment For the lump sum of $

Subtotal FOR PRICE SCHEDULE 1 (Sanostee) $_________________

Estimated NMGRT at 6.8125% for Price Schedule 1 (if applicable) $_________________

Estimated Navajo Nation Taxes at 6.00% for Price Schedule 1 (if applicable) $_________________

TOTAL FOR PRICE SCHEDULE 1 $_________________

PRICE SCHEDULE 2 (Newcomb)

Unit

Unit Price Amount

2-1 WBR

1452.232-

Mobilization and Preparatory Work

For the lump sum of $

2-3 01 56 15 Utility Crossing Investigations

For the lump sum of $

2-4 01 78 30 As-built Drawings For the lump sum of $10,000

2-5 01 78 30 Final Drawings For the lump sum of $5,000

2-6 13 34 00 Turnout Buildings For the lump sum of $

PRICE SCHEDULE 2 (Newcomb)

Unit

Unit Price Amount

2-7 25 00 01 System Control and Monitoring

For the lump sum of $

2-8 26 05 02 Complete Electrical System for Outdoor Equipment Only

For the lump sum of $

2-9 26 05 33 Electrical Conduit 250 ft. $ $

2-10 26 05 33 Fabricated Sheet Steel Boxes, Wiring Troughs, and Precast Handholes

For the lump sum of $

2-11 26 42 00 Corrosion System(s) for Turnout Yard Pipe

For the lump sum of $

2-12 26 42 11 Buried Galvanic Anode Cathodic Protection for Turnout Yard Pipe

For the lump sum of $

2-13 27 30 31 Telephone System For the lump sum of $

2-14 28 10 01 Security and Surveillance System

For the lump sum of $

2-15 31 02 10 Water for Dust Abatement 9.2 M (1,000) Gal

2-16 31 02 30 Dust Palliative 0.13 acre $ $

2-17 31 23 50 Access Road to Window Rock

For the lump sum of $

2-19 31 37 00 Riprap 32 yd3 $ $

2-20 32 15 10 Gravel Surfacing 50 yd3 $ $

2-21 32 31 15 Ornamental Fence 170 ft. $ $

2-22 32 92 20 Seeding 0.05 acre $ $

2-23 33 13 00 Disinfection of Water Utility Distribution

For the lump sum of $

2-24 35 21 95 Steel Manifold Piping For the lump sum of $

2-25 35 22 14 Valves and Equipment For the lump sum of $

Subtotal FOR PRICE SCHEDULE 2 (Newcomb) $_________________

Estimated NMGRT at 6.8125% for Price Schedule 2 (if applicable) $_________________

Estimated Navajo Nation Taxes at 6.00% for Price Schedule 2 (if applicable) $_________________

TOTAL FOR PRICE SCHEDULE 2 $_________________

PRICE SCHEDULE 3 (Naschitti)

Unit

Unit Price Amount

3-1 WBR

1452.232-

Mobilization and Preparatory Work

For the lump sum of $

3-3 01 56 15 Utility Crossing Investigations

For the lump sum of $

3-4 01 78 30 As-built Drawings For the lump sum of $10,000

3-5 01 78 30 Final Drawings For the lump sum of $5,000

3-6 13 34 00 Turnout Buildings For the lump sum of $

3-7 25 00 01 System Control and Monitoring

For the lump sum of $

3-8 26 05 02 Complete Electrical System for Outdoor Equipment Only

For the lump sum of $

3-9 26 05 33 Electrical Conduit 250 ft. $ $

3-10 26 05 33 Fabricated Sheet Steel Boxes, Wiring Troughs, and Precast Handholes

For the lump sum of $

3-11 26 42 00 Corrosion System(s) for Turnout Yard Pipe

For the lump sum of $

3-12 26 42 11 Buried Galvanic Anode Cathodic Protection for Turnout Yard Pipe

For the lump sum of $

3-13 27 30 31 Telephone System For the lump sum of $

PRICE SCHEDULE 3 (Naschitti)

Unit

Unit Price Amount

3-14 28 10 01 Security and Surveillance System

For the lump sum of $

3-15 31 02 10 Water for Dust Abatement 19 M (1,000) Gal

3-16 31 02 30 Dust Palliative 0.25 acre $ $

3-18 31 37 00 Riprap 125 yd3 $ $

3-19 32 15 10 Gravel Surfacing 135 yd3 $ $

3-20 32 31 15 Ornamental Fence 220 ft. $ $

3-21 32 92 20 Seeding 0.03 acre $ $

3-22 33 11 12 Line Pipe for BBN9 Turnout For the lump sum of $

3-23 33 13 00 Disinfection of Water Utility Distribution

For the lump sum of $

3-24 3-24 Steel Manifold Piping For the lump sum of $

3-25 35 22 14 Valves and Equipment For the lump sum of $

Subtotal FOR PRICE SCHEDULE 3 (Naschitti) $_________________

Estimated NMGRT at 6.8125% for Price Schedule 3 (if applicable) $_________________

Estimated Navajo Nation Taxes at 6.00% for Price Schedule 3 (if applicable) $_________________

TOTAL FOR PRICE SCHEDULE 3 $_________________

PRICE SCHEDULE 4 (BBN9)

Unit

Unit Price Amount

4-1 WBR

1452.232-

Mobilization and Preparatory Work

Unit

Unit Price Amount

4-3 01 56 15 Utility Crossing Investigations

For the lump sum of $

4-4 01 78 30 As-built Drawings For the lump sum of $10,000

4-5 01 78 30 Final Drawings For the lump sum of $5,000

4-6 13 34 00 Turnout Buildings For the lump sum of $

4-7 25 00 01 System Control and Monitoring

For the lump sum of $

4-8 26 05 02 Complete Electrical System for Outdoor Equipment Only

For the lump sum of $

4-9 26 05 33 Electrical Conduit 250 ft. $ $

4-10 26 05 33 Fabricated Sheet Steel Boxes, Wiring Troughs, and Precast Handholes

For the lump sum of $

4-11 26 42 00 Corrosion System(s) for Turnout Yard Pipe

For the lump sum of $

4-12 26 42 11 Buried Galvanic Anode Cathodic Protection for Turnout Yard Pipe

For the lump sum of $

4-13 27 30 31 Telephone System For the lump sum of $

4-14 28 10 01 Security and Surveillance System

For the lump sum of $

4-15 31 02 10 Water for Dust Abatement 19 M (1,000) Gal

4-16 31 02 30 Dust Palliative 0.25 acre $ $

4-17 31 23 50 Low Water Crossing For the lump sum of $

4-19 31 37 00 Riprap 52 yd3 $ $

4-20 32 15 10 Gravel Surfacing 81 yd3 $ $

4-21 32 31 15 Ornamental Fence 180 ft. $ $

Unit

Unit Price Amount

4-22 32 92 20 Seeding 0.13 acre $ $

4-23 33 11 12 Line Pipe for BBN9 Turnout For the lump sum of $

4-24 33 13 00 Disinfection of Water Utility Distribution

For the lump sum of $

4-25 35 21 95 Steel Manifold Piping For the lump sum of $

4-26 35 22 14 Valves and Equipment For the lump sum of $

Subtotal FOR PRICE SCHEDULE 4 (BBN9) $_________________

Estimated NMGRT at 6.8125% for Price Schedule 4 (if applicable) $_________________

Estimated Navajo Nation Taxes at 6.00% for Price Schedule 4 (if applicable) $_________________

TOTAL FOR PRICE SCHEDULE 4 $_________________

PRICE SCHEDULE 5 (Coyote Canyon)

Unit

Unit Price Amount

5-1 WBR

1452.232-

Mobilization and Preparatory Work

For the lump sum of $

5-3 01 56 15 Utility Crossing Investigations

For the lump sum of $

5-4 01 78 30 As-built Drawings For the lump sum of $10,000

5-5 01 78 30 Final Drawings For the lump sum of $5,000

5-6 13 34 00 Turnout Buildings For the lump sum of $

5-7 25 00 01 System Control and Monitoring

PRICE SCHEDULE 5 (Coyote Canyon)

Unit

Unit Price Amount

5-8 26 05 02 Complete Electrical System for Outdoor Equipment Only

For the lump sum of $

5-9 26 05 33 Electrical Conduit 250 ft. $ $

5-10 26 05 33 Fabricated Sheet Steel Boxes, Wiring Troughs, and Precast Handholes

For the lump sum of $

5-11 26 42 00 Corrosion System(s) for Turnout Yard Pipe

For the lump sum of $

5-12 26 42 11 Buried Galvanic Anode Cathodic Protection for Turnout Yard Pipe

For the lump sum of $

5-13 27 30 31 Telephone System For the lump sum of $

5-14 28 10 01 Security and Surveillance System

For the lump sum of $

5-15 31 02 10 Water for Dust Abatement 12 M (1,000) Gal

5-16 31 02 30 Dust Palliative 0.16 acre $ $

5-17 31 23 50 Access Road to Coyote Canyon

For the lump sum of $

5-19 31 37 00 Riprap 53 yd3 $ $

5-20 32 15 10 Gravel Surfacing 67 yd3 $ $

5-21 32 31 15 Ornamental Fence 165 ft. $ $

5-22 32 92 20 Seeding 0.05 acre $ $

5-23 33 11 12 Line Pipe for Coyote Canyon Turnout

For the lump sum of $

5-24 33 13 00 Disinfection of Water Utility Distribution

For the lump sum of $

5-25 4-25 Steel Manifold Piping For the lump sum of $

5-26 35 22 14 Valves and Equipment For the lump sum of $

Subtotal FOR PRICE SCHEDULE 5 (Coyote Canyon) $_________________

Estimated NMGRT at 6.8125% for Price Schedule 5 (if applicable) $_________________

Estimated Navajo Nation Taxes at 6.00% for Price Schedule 5 (if applicable) $_________________

TOTAL FOR PRICE SCHEDULE 5 $_________________

PRICE SCHEDULE 6 (Rock Springs)

Unit

Unit Price Amount

6-1 WBR

1452.232-

Mobilization and Preparatory Work

For the lump sum of $

6-3 01 56 15 Utility Crossing Investigations

For the lump sum of $

6-4 01 78 30 As-built Drawings For the lump sum of $10,000

6-5 01 78 30 Final Drawings For the lump sum of $5,000

6-6 13 34 00 Turnout Buildings For the lump sum of $

6-7 25 00 01 System Control and Monitoring

For the lump sum of $

6-8 26 05 02 Complete Electrical System for Outdoor Equipment Only

For the lump sum of $

6-9 26 05 33 Electrical Conduit 250 ft. $ $

6-10 26 05 33 Fabricated Sheet Steel Boxes, Wiring Troughs, and Precast Handholes

For the lump sum of $

6-11 26 42 00 Corrosion System(s) for Turnout Yard Pipe

For the lump sum of $

6-12 26 42 11 Buried Galvanic Anode Cathodic Protection for Turnout Yard Pipe

For the lump sum of $

6-13 27 30 31 Telephone System For the lump sum of $

6-14 28 10 01 Security and Surveillance System

PRICE SCHEDULE 6 (Rock Springs)

Unit

Unit Price Amount

6-15 31 02 10 Water for Dust Abatement 13.5 M (1,000) Gal

6-16 31 02 30 Dust Palliative 0.18 acre $ $

6-18 31 37 00 Riprap 515 yd3 $ $

6-19 32 15 10 Gravel Surfacing 97 yd3 $ $

6-20 32 31 15 Ornamental Fence 175 ft. $ $

6-21 32 92 20 Seeding 0.03 acre $ $

6-22 33 13 00 Disinfection of Water Utility Distribution

For the lump sum of $

6-23 35 21 95 Steel Manifold Piping For the lump sum of $

6-24 35 22 14 Valves and Equipment For the lump sum of $

Subtotal FOR PRICE SCHEDULE 6 (Rock Springs) $_________________

Estimated NMGRT at 6.8125% for Price Schedule 6 (if applicable) $_________________

Estimated Navajo Nation Taxes at 6.00% for Price Schedule 6 (if applicable) $_________________

TOTAL FOR PRICE SCHEDULE 6 $_________________

PRICE SCHEDULE 7 (Window Rock)

Unit

Unit Price Amount

7-1 WBR

1452.232-

Mobilization and Preparatory Work

For the lump sum of $

7-3 01 56 15 Utility Crossing Investigations

Unit

Unit Price Amount

7-4 01 78 30 As-built Drawings For the lump sum of $10,000

7-5 01 78 30 Final Drawings For the lump sum of $5,000

7-6 13 34 00 Turnout Buildings For the lump sum of $

7-7 25 00 01 System Control and Monitoring

For the lump sum of $

7-8 26 05 02 Complete Electrical System for Outdoor Equipment Only

For the lump sum of $

7-9 26 05 33 Electrical Conduit 250 ft. $ $

7-10 26 05 33 Fabricated Sheet Steel Boxes, Wiring Troughs, and Precast Handholes

For the lump sum of $

7-11 26 42 00 Corrosion System(s) for Turnout Yard Pipe

For the lump sum of $

7-12 26 42 11 Buried Galvanic Anode Cathodic Protection for Turnout Yard Pipe

For the lump sum of $

7-13 27 30 31 Telephone System For the lump sum of $

7-14 28 10 01 Security and Surveillance System

For the lump sum of $

7-15 31 02 10 Water for Dust Abatement 10 M (1,000) Gal

7-16 31 02 30 Dust Palliative 0.14 acre $ $

7-17 31 23 50 Access Road to Window Rock

For the lump sum of $

7-19 31 37 00 Riprap 64 yd3 $ $

7-20 32 15 10 Gravel Surfacing 59 yd3 $ $

7-21 32 31 15 Ornamental Fence 135 ft. $ $

7-22 32 92 20 Seeding 0.03 acre $ $

Unit

Unit Price Amount

7-23 33 13 00 Disinfection of Water Utility Distribution

For the lump sum of $

7-24 35 21 95 Steel Manifold Piping For the lump sum of $

7-25 35 22 14 Valves and Equipment For the lump sum of $

Subtotal FOR PRICE SCHEDULE 7 (Window Rock) $_________________

Estimated NMGRT at 6.8125% for Price Schedule 7 (if applicable) $_________________

Estimated Navajo Nation Taxes at 6.00% for Price Schedule 7 (if applicable) $_________________

TOTAL FOR PRICE SCHEDULE 7 $_________________

TOTAL BID PRICE (TBP) - Price Schedules 1 through 7 without estimated taxes $_________________

END OF SUPPLIES OR SERVICES AND PRICES

SECTION C – Statement / Description / Specification of Work

Please See Section J Attachment(s) 1-3 specifications, drawings, and supporting data.

SECTION D – Packaging and Marking

There are no clauses included in this section.

SECTION E – Inspection and Acceptance

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 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 the following addresses:

FAR Clauses - https://www.acquisition.gov/far/

CLAUSES INCORPORATED BY REFERENCE

Clause Title Date

52.246-12 Inspection of Construction August 1996 https://www.acquisition.gov/far/

SECTION F - Deliveries or Performance

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 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 the following addresses:

FAR Clauses - https://www.acquisition.gov/far/ & FAR Overhaul - FAR Part Deviation Guidance | Acquisition.GOV**

**NOTE: Please visit FAR Overhaul - FAR Part Deviation Guidance | Acquisition.GOV for updated clauses and provisions. It is strongly encouraged to review due to the FAR overhaul updates.

52.211-13 Time Extensions September 2000 52.236-15 Schedules for Construction Contracts (RFO Deviation) January 2026 52.242-14 Suspension of Work April 1984

F.2 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 $4,536.00 or each calendar day of delay until the work is completed or accepted.

(b) 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.

(End of Clause) https://www.acquisition.gov/far/ https://www.acquisition.gov/far-overhaul/far-part-deviation-guide

SECTION G - Contract Administration Data

G.1 DOI-AAAP 0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP) APRIL 2013

Payment requests must be submitted electronically through the U.S. Department of the Treasury's Internet Payment Platform System (IPP).

"Payment requests" means any request for contract financing payment or invoicing 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, failure to provide the items will result in invoice rejection:

1 – Quantity Surveys (if applicable) 2 – Current Copy of As-Built Drawings 3 – Quantity sheets reflecting the CLIN in schedule B, percentage complete, and bold any items nearing or exceeding 100% of the CLIN amount.

4 – Tax documents and receipts for payment (NMGRT or NN tax stubs/payment receipts) for reimbursement of taxes.

5 – Approved construction schedule

Once the invoice has been submitted into the IPP system, the Contractor shall also submit an electronic copy of the invoice to the following:

Contracting Officer: Amy Loveless - amy_loveless@ios.doi.gov Contract Specialist: Brittney Nielson – brittney_nielson@ios.doi.gov

Procurement Technician: Joe Murphy – joseph_murphy@ios.doi.gov

Failure to transmit invoices via electronic transmission may cause significant delay or possible rejection of your payment request.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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

G.2 WBR 1452.242-80 POST AWARD CONFERENCE - BUREAU OF RECLAMATION (MARCH

2022)

(a) Prior to the contractor starting work, a postaward conference (as described in FAR Subpart 42.5), will be convened by the contracting activity or contract administration office. The contractor's project manager shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.

https://www.ipp.gov/ mailto:amy_loveless@ios.doi.gov mailto:brittney_nielson@ios.doi.gov mailto:joseph_murphy@ios.doi.gov mailto:ippgroup@bos.frb.org

(b) The conference (in-person) will be held at Four Corners Construction Office 1235 La Plata Highway in Farmington, NM. If it cannot be held in-person for any reason, it will be held virtually using Microsoft Teams. If held virtually, each attendee shall attend using a separate computer/camera.

(c) The Contracting Officer and the Contractor will agree to the date and time of the conference after award of the contract. In event of a conflict in schedules, the contracting officer shall establish the date for the conference.

(d) The Contractor shall not be entitled to the reimbursement any costs associated with attendance at the conference beyond the agreed-to contract price.

G.3 WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES AND

LIMITATIONS -BUREAU OF RECLAMATION (MAY 2018)

(a) Performance of the work under this contract shall be subject to the technical direction of the Reclamation Contracting Officer's Representative (COR). The term “technical direction” is defined to include, without limitation:

(1) Inspecting and accepting or rejecting work performed under the contract.

(2) Representing the Government in technical phases of the work. The COR is responsible for the technical administration of the contract and will provide instructions and interpretations to the Contractor on all technical matters relating to the contract. The COR will supervise or oversee all Government technical and administrative personnel assigned to assist the COR.

(3) Reviewing and, where required by the contract, approving submittals of technical data, shop drawings, samples, literature, plans, or other data required to be delivered by the Contractor to the Government.

(b) The Contractor will receive a copy of the written COR designation from the Contracting Officer. It will specify the extent of the COR's authority to act on behalf of the Contracting Officer.

(c) Technical direction must be within the scope of work stated in the contract. Only the Contracting Officer is authorized to determine if a change is within the scope of the contract; therefore, the COR does not have the authority to, and may not, issue any technical direction that -

(1) Constitutes a direction of additional work outside the Contract requirements;

(2) Constitutes a change as defined in the contract clause entitled “Changes;”

(3) In any manner causes an increase or decrease in the total contract cost, or the time required for contract performance;

(4) Changes any of the expressed terms, conditions or specifications of the contract; or

(5) Interferes with the Contractor's right to perform the terms and conditions of the contract.

(d) All technical direction shall be issued in writing by the COR.

(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must -

(1) Advise the Contractor in writing after receipt of the Contractor's letter that the technical direction is within the scope of the contract effort and does not constitute a change under the Changes clause of the contract; or

(2) Advise the Contractor that the Government will issue a written change order.

(f) A failure of the Contractor and Contracting Officer either to agree that the technical direction is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled “Disputes.”

(End of clause)

SECTION H - Special Contract Requirements

H.1 DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at: https://www.cpars.gov/.

a) Contractor Representatives may then provide comments in response to the evaluation or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

6)The following guidelines apply concerning your use of the past performance evaluation:

a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

https://www.cpars.gov/

H.2 INDIAN PREFERENCE

(a) The Contractor agrees to give preferences to Indians who can perform the work required regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation for training and employment opportunities under this contract and, to the extent feasible consistent with the efficient performance of this contract, training and employment preferences and opportunities shall be provided to Indians regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation who are not fully qualified to perform under this contract. The Contractor also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts consistent with the efficient performance of this contract. The Contractor shall maintain such records as are necessary to indicate compliance with this paragraph.

(b) In connection with the Indian employment preference requirements of this clause, the Contractor shall also provide opportunities for training incident to such employment. Such training shall include on-the-job, classroom, or apprenticeship training which is designed to increase the vocational effectiveness of an Indian employee.

(c) If the Contractor is unable to fill its training and employment needs after giving full consideration to Indians as required by this clause, those needs may be satisfied by selection of persons other than Indians in accordance with the clause of this contract entitled “Equal Opportunity.”

(d) If no Indian organizations or Indian-owned economic enterprises are available for awarding of subcontracts in connection with the work performed under this contract, the Contractor agrees to comply with the provisions of this contract involving utilization of small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, or labor surplus area concerns.

(e) As used in this clause:

(1) “Indian” means a person who is a member of an Indian Tribe. If the Contractor has reason to doubt that a person seeking employment preference is an Indian, the contractor shall grant the preference but shall require the individual within thirty (30) days to provide evidence from the Tribe concerned that the person is a member of that Tribe.

(2) “Indian organization” means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451); and

(3) “Indian-owned economic enterprise” means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit provided that such Indian ownership shall constitute not less than 51 percent of the enterprise.

(4) “Indian Tribe” means an Indian Tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 668; 43 U.S.C. 1601) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(f) The Contractor agrees to include the provisions of the clause including this paragraph (f) in each subcontract awarded under this contract.

(g) In the event of noncompliance with this clause, the Contractor’s right to proceed may be terminated in whole or in part by the Contracting Officer and the work completed in a manner determined by the Contracting Officer to be in the best interests of the Government.

(end of clause)

H.3 INDIAN PREFERENCE PROGRAM

(a) In addition to the requirements of the clause of this contract entitled “Indian Preference—Department of the Interior,” the Contractor agrees to establish and conduct an Indian preference program which will expand the opportunities for Indian organizations and Indian owned economic enterprises to receive a preference in the awarding of subcontracts and which will expand opportunities for Indians to receive preference for training and employment in connection with the work to be performed under this contract. In this connection, the

Contractor shall —

(1) Designate a liaison officer who will:

(i) Maintain liaison with the Government and Tribe(s) on Indian preference matters;

(ii) Supervise compliance with the provisions of this clause; and

(iii) Administer the Contractor’s…

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