RFQ 140A1121Q0021 Terms and Conditions.pdf

BIA Western Regional Office Sol. No. 140A1121Q0001

1. SECTION B SUPPLIES OR SERVICES AND PRICES

QUOTE SCHEDULE

2. SECTION C DESCRIPTION / SPECIFICATIONS

Specification / Statement of Work / Performance Work Statement

3. SECTION F DELIVERIES OR PERFORMANCE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements January 2017 52.222-20 Contracts for Materials, Supplies, Articles and Equipment Exceeding $15,000 May 2014 52.223-6 Drug-Free Workplace May 2001 52.242-15 Stop-Work Order August 1989

4. SECTION G CONTRACT ADMINISTRATION DATA

DOI Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) April 2013

5. SECTION H SPECIAL CONTRACT REQUIREMENTS

No Text Messaging While Driving (policy) Core Working Hours: Days of Work / Hours of Work

6. SECTION I CONTRACT CLAUSES

1452.226-70 Indian Preference. —Department of the Interior April 1984 (Deviation) 1452.280-3 Subcontracting Limitations July 2013 52.203-99 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements February 2015 52.204-13 System for Award Management Maintenance October 2016 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations November 2015 52.212-4 Contract Terms and Conditions—Commercial Items October 2018 52.212-5 Contract Terms and Conditions Required to Implement Statutes Or Executive Orders—Commercial Items October 2020 52.217-8 Option to Extend Services November 1999 52.217-9 Option to Extend the Term of the Contract March 2000 52.252-2 Clauses Incorporated by Reference October 2004

7. SECTION J LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

DOI Policy - Prohibition on Texting While Driving

8. SECTION K REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS

52.203-98 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements—Representation February 2015 (Deviation 2015-02) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation January 2017 52.204-8 Annual Representations and Certifications March 2020

52.204-17 Ownership or Control of Offeror July 2016 52.204-19 Incorporation by Reference of Representations and Certifications December 2014 52.204-20 Predecessor of Offeror July 2016 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment December 2019 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—

Representation November 2015 52.209-7 Information Regarding Responsibility Matters October 2018

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law February 2016

52.222-22 Previous Contracts and Compliance Reports February 1999 52.222-25 Affirmative Action Compliance April 1985

52.252-1 Solicitation Provisions Incorporated by Reference February 1998 javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

9. SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions September 2007 52.204-6 Unique Entity Identifier October 2016 52.204-7 System for Award Management October 2016 52.204-8 Annual Representations and Certifications March 2020

52.204-16 Commercial and Government Entity Code Reporting July 2016 52.204-17 Ownership or Control of Offeror July 2016

52.204-18 Commercial and Government Entity Code Maintenance July 2016 52.204-26 Covered Telecommunications Equipment or Services-- December 2019 Representation 52.212-1 Instructions to Offerors—Commercial Items June 2020 52.216-1 Type of Contract April 1984 52.212-3 Offeror Representations & Certifications-Commercial Items August 2020 1452.233-2 Service of Protest Department of the Interior July 1996 (Deviation)

52.252-1 Solicitation Provisions Incorporated by Reference February 1998

10. SECTION M EVALUATION FACTORS FOR AWARD

General 52.212-2 Evaluation—Commercial Items October 2014 javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

SECTION B SUPPLIES OR SERVICES AND PRICES

Item Description Quantity Unit Unit Price Amount 01 Round-up Pro Concentrate At the rate of 1 gallon per Acre. Three applications of up to 1,950 acres each.

5,850 Acres

02 Direx 4L Pre-emergent At the rate of 2 gallons per Acre. One Fall application of up to 2,650 acres.

2,650 Acre

03 Teton Aquatic Weed treatment. As needed, up to 500 gallons.

500 Gallons

OPTION YEAR 01 Total Base 04 Round-up Pro Concentrate At the rate of 1 gallon per Acre. Three applications of up to 1,950 acres each.

5,850 Acres

05 Direx 4L Pre-emergent At the rate of 2 gallons per Acre. One Fall application of up to 2,650 acres.

2,650 Acre

06 Teton Aquatic Weed treatment. As needed, up to 500 gallons.

500 Gallons

OPTION YEAR 02 Total OY 1 07 Round-up Pro Concentrate At the rate of 1 gallon per Acre. Three applications of up to 1,950 acres each.

5,850 Acres

08 Direx 4L Pre-emergent At the rate of 2 gallons per Acre. One Fall application of up to 2,650 acres.

2,650 Acre

09 Teton Aquatic Weed treatment. As needed, up to 500 gallons.

500 Gallons

OPTION YEAR 03 Total OY 2 10 Round-up Pro Concentrate At the rate of 1 gallon per Acre. Three applications of up to 1,950 acres each.

5,850 Acres

11 Direx 4L Pre-emergent At the rate of 2 gallons per Acre. One Fall application of up to 2,650 acres.

2,650 Acre

12 Teton Aquatic Weed treatment. As needed, up to 500 gallons.

500 Gallons

OPTION YEAR 04 Total OY 3 13 Round-up Pro Concentrate At the rate of 1 gallon per Acre. Three applications of up to 1,950 acres each.

5,850 Acres

14 Direx 4L Pre-emergent At the rate of 2 gallons per Acre. One Fall application of up to 2,650 acres.

2,650 Acre

15 Teton Aquatic Weed treatment. As needed, up to 500 gallons.

500 Gallons

Total OY 4

GRAND TOTAL

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CONTRACTOR________________________________________ DUNS#________________________________

PHONE # ___________________________________ EMAIL ADDRESS____________________________________

QUOTE SCHEDULE

The quote amount is to be inclusive of all costs to complete the requirement, including but not limited to, all applicable taxes (Federal, State & Tribal), all labor and supervision, equipment, material & supplies, permits, etc.

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SECTION C DESCRIPTION / SPECIFICATIONS

STATEMENT OF WORK

HERBICIDE and AQUATIC APPLICATION SERVICE

SAN CARLOS IRRIGATION PROJECT-INDIAN WORKS DIVISION

The San Carlos Irrigation Project – Indian Works Division (SCIP-IW or Project) is a Bureau of Indian Affairs (BIA) Operated and Maintained Agricultural Irrigation Project located in and around Sacaton, AZ in south-central Arizona. The Project is located on the Gila River Indian Reservation, stretching from the Casa Blanca, AZ area in the west to the Reservation boundary near Coolidge, AZ in the east. The Project serves the Gila River Indian Community (GRIC). The SCIP-IW is a division of the San Carlos Irrigation District (SCIP) headquartered in Coolidge, AZ.

The Project has approximately 215 miles of irrigation canals, laterals, sub-laterals, drains and corresponding access roads varying in size, construction and condition. The Project contains both earthen and concrete lined canals and laterals. The access roadways vary in condition from graded, semi-gravel surfaces to unimproved, dirt surfaces.

Contractor must meet the minimum requirements:

1. The contractor shall furnish all necessary supervision, labor, equipment, materials, transportation, facilities and services required to apply Herbicide Round-Up Pro Concentrate, Direx 4L Pre-Emergent, and Aquatic Weed Treatment (Teton/Cascade or type to be determined) as well as maintain the established application schedule as required by the Project which is located on the Gila River Indian Reservation, Pinal County, FOB Destination, Sacaton, Arizona.

2. Insurance: The Contractor must be fully self-insured for liability. Documentation must be submitted with quote schedule.

3. Licensing: The contractor must possess applicable State, Federal, Tribal, and/or Local licenses as an agricultural herbicide applicator and abide by the regulations of the Structural Pest Control Commission, Arizona Department of Agriculture, Gila River Indian Community and any applicable regulating entities.

Copies of required licenses and documents along with a complete equipment list shall be submitted with the quote schedule.

4. Equipment: The contractor will possess all necessary equipment to prepare and apply Herbicide (Round- Up Pro Concentrate and Direx 4L Pre-Emergent) and perform Aquatic Weed Treatment (Teton/Cascade or type to be determined) as well as maintain the established schedule. This is to include periods of unforeseen conditions such as equipment failure, and/or excessively heavy vegetation growth. Contractor must be capable of committing sufficient equipment and manpower to service the contract for a minimum of 180 days annually. Contractor shall respond to application request within two days.

Contractor must be equipped to apply a directed spray with an extendable spray boom to reach the interior portion of a canal bank up to 20 feet below the top of canal bank roadway. All equipment will be in safe operating condition and meet or exceed applicable OSHA, State, Local, Tribal and Federal/BIA regulations.

5. Application Area: Contractor is expected to become familiar with all Rights-of-Way within the Project.

Location maps will be provided upon request.

6. Communication: The contractor will designate a Point of Contact (POC) and provide means of communication between the Project POC and applicator while on the Project in order to discuss any Issues pertaining to herbicide or aquatic application.

7. Application Rates and Product: The contractor shall apply up to 5,850 acres of Round-Up Pro Concentrate herbicide at a rate of 1 gallon per acre. The contractor shall apply Direx 4L Pre-Emergent each fall at a rate of 2 gallons per acre on up to 2,650 acres to prevent germination. Both applications will be applied to canals, laterals, sub-laterals, drains and roadways. No deviations from the above stated javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

Products or Application Rates shall be accepted. The contractor shall apply Teton aquatic weed treatment (or similar to be recommended depending upon evaluation of the field conditions) at a quantity of up to 500 gallons in those areas requiring treatment.

8. Past Performance: The contractor must provide references evidencing previous contracts within the last 2 years that demonstrate their capability to apply the appropriate herbicide to an irrigation project consisting of slopes, ditches, drains, roadways and field ends, at a minimum rate of 50 miles per day, with the capability of accelerating that schedule if conditions require. The contractor will provide evidence that over the past two years it has maintained an application schedule for irrigation, delivery and drainage systems of a minimum of 2,000 acres annually.

9. Reporting: The contractor will provide monthly work completion reports listing location of treatment and acreage. The monthly report will be due with monthly invoice(s). Invoices will be processed using the Invoice Processing Platform (IPP).

10. Application Schedule: The following schedule is required by the SCIP-IW as an approximate time frame of when the herbicide should be applied. An application of Direx 4L Pre-Emergent should occur in fall/winter (Oct-Jan) based on contractor recommendation as well as site and weather conditions. First application of Round-Up Pro Concentrate should occur in early spring (March/April). Second application of Round-Up Pro Concentrate should occur in summer (June/July). Third application of Round-Up Pro Concentrate should occur in early fall (August/September). This schedule is subject to change based on contractor recommendations as well as changes in vegetation growth, weather conditions and Project requirements.

11. Monitoring: The contractor will provide monitoring and make recommendations to the SCIP-IW as to times when application of herbicide may need to occur. The time frames listed in item #10 are approximations and if an application is needed, the contractor’s POC will contact the SCIP-IW POC to notify the Project of their findings and recommendations. Notification to the SCIP-IW should be first made by phone contact and followed up in writing (email or letter).

12. Due to the requirements for frequent monitoring of the conditions of the Project and adherence to the application schedule, the contractor should be located within a reasonable commuting area of the Project within the state of Arizona, or demonstrate the ability to respond to Project needs within 48 hours.

Item Description Quantity Unit

1. Round-up Pro Concentrate at the rate of 1 gallon per Acre.

Three applications of up to 1,950 acres each.

5,850 Acres

2. Direx 4L Pre-emergent at the rate of 2 gallons per Acre. One Fall/Winter application of up to 2,650 acres.

2,650 Acre

3. Teton Aquatic Weed treatment as needed, up to 500 gallons. 500 Gallons javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

SECTION E INSPECTION AND ACCEPTANCE

52.246-4 INSPECTION OF SERVICES-FIXED-PRICE AUGUST 1996

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b)The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c)The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d)If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e)If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may-

(1)Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2)Reduce the contract price to reflect the reduced value of the services performed.

(f)If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may-

(1)By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2)Terminate the contract for default.

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SECTION F DELIVERIES OR PERFORMANCE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements January 2017

(a) Definitions. As used in this clause– “Internal confidentiality agreement or statement” means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

“Subcontract” means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L.

113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

52.222-20 Contracts for Materials, Supplies, Articles and Equipment Exceeding $15,000 JUN 2020

If this contract is for the manufacture or furnishing of materials, supplies, articles or equipment in an amount that exceeds or may exceed the threshold specified in Federal Acquisition Regulation 22.602 on the date of award of this contract, and is subject to 41 U.S.C. chapter 65, the following terms and conditions apply:

(a) All stipulations required by 41 U.S.C. chapter 65 and regulations issued by the Secretary of Labor (41 CFR Chapter 50) are incorporated by reference. These stipulations are subject to all applicable rulings and interpretations of the Secretary of Labor that are now, or may hereafter, be in effect.

(b) All employees whose work relates to this contract shall be paid not less than the minimum wage prescribed by regulations issued by the Secretary of Labor (41 CFR 50-202.2). Learners, student learners, apprentices, and workers with disabilities may be employed at less than the prescribed minimum wage (see 41 CFR 50-202.3) to the same extent that such employment is permitted under section 14 of the Fair Labor Standards Act (41 U.S.C. 6508).

52.223-6 Drug-Free Workplace May 2001

(a) Definitions. As used in this clause -- “Controlled substance” means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C.

812) and as further defined in regulation at 21 CFR 1308.11 -- 1308.15.

“Conviction” means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.

“Criminal drug statute” means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance.

“Drug-free workplace” means the site(s) for the performance of work done by the Contractor in connection with a specific contract where employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.

“Employee” means an employee of a Contractor directly engaged in the performance of work under a Government contract. “Directly engaged” is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance.

“Individual” means an offeror/contractor that has no more than one employee including the offeror/contractor.

(b) The Contractor, if other than an individual, shall -- within 30 days after award (unless a longer period is agreed to in writing for contracts of 30 days or more performance duration), or as soon as possible for contracts of less than 30 days performance duration --

(1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition;

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(2) Establish an ongoing drug-free awareness program to inform such employees about -- (i) The dangers of drug abuse in the workplace;

(ii) The Contractor’s policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (b)(1) of this clause;

(4) Notify such employees in writing in the statement required by subparagraph (b)(1) of this clause that, as a condition of continued employment on this contract, the employee will -- (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee’s conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such conviction;

(5) Notify the Contracting Officer in writing within 10 days after receiving notice under subdivision (b)(4)(ii) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;

(6) Within 30 days after receiving notice under subdivision (b)(4)(ii) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and

(7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (b)(1) though (b)(6) of this clause.

(c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing this contract.

(d) In addition to other remedies available to the Government, the Contractor’s failure to comply with the requirements of paragraph (b) or

(c) of this clause may, pursuant to FAR 23.506, render the Contractor subject to suspension of contract payments, termination of the contract or default, and suspension or debarment.

52.242-15 Stop-Work Order August 1989

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either -- (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if -- (1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

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SECTION G CONTRACT ADMINISTRATION DATA

DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) April

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

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts.

The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice [CO to edit and include the documentation required under this contract]: Contractors shall attach a hard copy of their invoice in IPP when submitting invoices via IPP. Invoices will be rejected if no invoice is attached.

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) 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.

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SECTION H SPECIAL CONTRACT REQUIREMENTS

NO TEXT MESSAGING WHILE DRIVING

The contractor shall comply with FAR Clause 52.223-18 “Encouraging Contractor Policies to Ban Text Messaging While Driving” and DOI Policy “Prohibition on Texting While Driving” when operating a Government vehicle.

Core Working Hours: Days of Work / Hours of Work

The Bureau of Indian Affairs daily core working hours are 8:00 AM – 5:00 PM Monday through Friday. The Agency is closed on all designated Federal holidays.

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SECTION I CONTRACT CLAUSES

1452.226-70 Indian Preference. —Department of the Interior April 1984 (Deviation)

(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.

1452.280-3 Subcontracting Limitations July 2013

(a) Definitions as used in this clause.

(1) Concern means any business entity organized for profit (even if its ownership is in the hands of a nonprofit entity) with a place of business located in the United States or its outlying areas and that makes a significant contribution to the U.S. economy through payment of taxes and/or use of American products, material and/or labor, etc. It includes but is not limited to an individual, partnership, corporation, joint venture, association, or cooperative. For the purpose of making affiliation findings (see 19.101) any business entity, whether organized for profit or not, and any foreign business entity, i.e., any entity located outside the United States and its outlying areas.

(2) Subcontract means any agreement (other than one involving an employer-employee relationship) entered into by a Government prime contractor or subcontractor calling for supplies and/or services required for performance of the contract, contract modification, or subcontract.

(3) Subcontractor means a concern to which a contractor subcontracts any work under the contract. It includes subcontractors at any tier who perform work on the contract.

(b) Required Percentages of work by the concern. The contractor must comply with FAR 52.219-14 Limitations on Subcontracting clause in allocating what percentage of work to subcontract. Of the work subcontracted, no more than 50 percent may be subcontracted to a concern other than a responsible Indian economic enterprise.

(c) Indian Preference. Regardless of the contract type for services, supplies, or covered construction, the contractor agrees to give preference to Indian organizations and Indian owned economic enterprises in awarding subcontracts under this contract in accordance with DIAR 1452.226-71, Indian Preference.

(d) Cooperation. The contractor must:

(1) Carry out the requirements of this clause to the fullest extent; and

(2) Cooperate in any study or survey that the CO, Indian Affairs, or its agents may conduct to verify the contractor's compliance with this clause.

(e) Incorporation in Subcontracts. The contractor must incorporate the substance of this clause, including this paragraph (e), in all subcontracts for supplies, services, and construction awarded under this contract.

52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements February 2015 javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

(a) The contractor shall not require employees or contractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

52.204-13 System for Award Management Maintenance October 2018

(a) Definitions. As used in this clause— Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that–

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes–

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity.

See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d) (1)

(i) If a Contractor has legally changed its business name or “doing business as” name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—

(A) Change the name in SAM;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','') https://acquisition.gov/content/subpart-3211-electronic-funds-transfer#i1080713 https://acquisition.gov/content/subpart-414-reporting-executive-compensation-and-first-tier-subcontract-awards#i1121746 https://acquisition.gov/content/subpart-412-representations-and-certifications#i1121869 http://www.sam.gov/ https://acquisition.gov/content/52204-7-system-award-management#i1063838 https://acquisition.gov/content/subpart-4212-novation-and-change-name-agreements#i1074581 https://acquisition.gov/content/subpart-4212-novation-and-change-name-agreements#i1074581 https://acquisition.gov/content/subpart-328-assignment-claims#i1081453 registered in the SAM. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.

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

(a) Definitions. As used in this clause— “Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Subsidiary” means an entity in which more than 50 percent of the entity is owned— (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

52.212-4 Contract Terms and Conditions—Commercial Items October 2018

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract.

The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1)Within a reasonable time after the defect was discovered or should have been discovered; and

(2)Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g)Invoice.

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(1)The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i)Name and address of the Contractor;

(ii)Invoice date and number;

(iii)Contract number, line item number and, if applicable, the order number;

(iv)Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v)Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi)Terms of any discount for prompt payment offered;

(vii)Name and address of official to whom payment is to be sent;

(viii)Name, title, and phone number of person to notify in event of defective invoice; and

(ix)Ta…