ROADS_SECTION_B_-_M__CONSTRUCTION_CONTRACT_CLAUSES_-_140A1124B0001.pdf

TABLE OF CONTENTS

SECTION B -- Supplies or Services and Prices Unit Price Schedule

SECTION C -- Descriptions and Specifications Specification

SECTION E -- Inspection and Acceptance E.1 52.246-12 Inspection of Construction August 1996 E.2 52.246-21 Warranty of Construction March 1994

SECTION F -- Deliveries or Performance F.1 52.211-10 Commencement, Prosecution, and Completion of Work April 1984 F.2 52.211-13 Time Extensions September 2000 F.3 52.211-18 Variation in Estimated Quantity April 1984 F.4 52.219-14 Limitations on Subcontracting October 2022 F.5 52.222-20 Contracts for Materials, Supplies, Articles and Equipment June 2020 F.6 52.236-1 Performance of Work by the Contractor April 1984 F.7 52.242-14 Suspension of Work April 1984

SECTION G -- Contract Administration Data G.1 Government Administration Personnel - Contracting Officer (CO) G.2 Contracting Officer's Representative (COR) G.3 1452.201-70 Authorities and Delegations September 2011 G.4 Invoice and Payment / DOI Electronica Invoicing and Payment Requirements – IPP April 2013

SECTION H -- Special Contract Requirements H.1 Requirements for Execution of Surety Bonds H.2 Bond Requirements H.3 Tribal Taxes, Requirements and/or Restrictions H.4 Subcontracting and Subcontractors H.5 Modification Proposal – Cost Breakdown H.6 Contractor Safety Program Requirements H.7 Prohibition on Texting While Driving H.8 Determination and Extension of Contract Time H.9 Plans and Specifications H.10 Days of Work H.11 Hours of Work H.12 Final Inspections, Substantial Completion, and Acceptance of Completed Work H.13 Availability of Records H.14 NOTICE TO CONTRACTORS / Contractor Performance Assessment Reporting System December 2015

SECTION I -- Contract Clauses I.1 1452.203-70 Restrictions on Endorsements—Department of the Interior July 1996 I.2 1452.204-70 Release of Claims--Department of the Interior July 1996 I.3 1452.215-70 Examination of Records by the Department of the Interior April 1984 I.4 1452.224-01 Privacy Act Notification July 1996 I.5 1452.228-70 Liability Insurance July 1996 I.6 1452.236-70 Prohibition Against Use of Lead-based Paint July 1996 I.7 1452.236-71 Additive or Deductive Items—Department of the Interior I.8 52.203-3 Gratuities April 1984 I.9 52.203-5 Covenant Against Contingent Fees May 2014 I.10 52.203-7 Anti-Kickback Procedures June 2020 I.11 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity May 2014 I.12 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014 I.13 52.203-12 Limitation on Payments to Influence Certain Federal Transactions June 2020 I.14 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights June 2020 I.15 52.204-1 Approval of Contract December 1989 I.16 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May 2011 I.17 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards June 2020 I.18 52.204-13 System for Award Management Maintenance October 2018 I.19 52.204-14 Service Contract Reporting Requirements October 2016 I.20 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment November 2021

I.21 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters October 2018 I.22 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations November 2015 I.23 52.211-18 Variation in Estimated Quantity April 1984

I.24 52.214-29 Order Of Precedence--Sealed Bidding January 1986 I.25 52.219-08 Utilization of Small Business Concerns October 2022 I.26 52.219-14 Limitations on Subcontracting October 2022 I.27 52.222-01 Notice to the Government of Labor Disputes February 1997 I.28 52.222-03 Convict Labor June 2003 I.29 52.222-04 Contract Work Hours and Safety Standards Act - Overtime Compensation May 2018 I.30 52.222-06 Construction Wage Rate Requirements August 2018 I.31 52.222-07 Withholding of Funds May 2014 I.32 52.222-08 Payrolls and Basic Records July 2021 I.33 52.222-09 Apprentices and Trainees July 2005 I.34 52.222-10 Compliance with Copeland Act Requirements February 1988 I.35 52.222-11 Subcontracts (Labor Standards) May 2014 I.36 52.222-12 Contract Termination-Debarment May 2014 I.37 52.222-13 Compliance with Davis-Bacon and Related Act Regulations May 2014 I.38 52.222-14 Disputes Concerning Labor Standards February 1988 I.39 52.222-15 Certification of Eligibility May 2014 I.40 52.222-21 Prohibition of Segregated Facilities April 2015 I.41 52.222-26 Equal Opportunity September 2016 I.42 52.222-27 Affirmative Action Compliance Requirements for Construction April 2015 I.43 52.222-35 Equal Opportunity for Veterans June 2020 I.44 52.222-36 Equal Opportunity for Workers With Disabilities July 2020 I.45 52.222-37 Employment Reports on Veterans June 2020 I.46 52.222-50 Combating Trafficking in Persons November 2021 I.47 52.222-54 Employment Eligibility Verification May 2022 I.48 52.222-55 Minimum Wages Under Executive Order 13658 January 2020 I.49 52.223-02 Affirmative Procurement of Biobased Products Under Service and Construction Contracts September 2013 I.50 52.223-05 Pollution Prevention and Right-to-Know Information May 2011 I.51 52.223-06 Drug-Free Workplace May 2001 I.52 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving June 2020 I.53 52.224-01 Privacy Act Notification April 1984 I.54 52.224-02 Privacy Act April 1984 I.55 52.225-09 Buy American Act - Construction Materials October 2022 I.56 52.225-13 Restrictions on Certain Foreign Purchases February 2021 I.57 52.225-21 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Act-Construction Materials January 2021 I.58 52.227-01 Authorization and Consent June 2020 I.59 52.228-01 Bid Guarantee September 1996 I.60 52.228-02 Additional Bond Security October 1997 I.61 52.228-05 Insurance - Work on a Government Installation January 1997 I.62 52.228-11 Individual Surety - Pledges of Assets February 2021 I.63 52.228-14 Irrevocable Letter of Credit November 2014 I.64 52.228-15 Performance and Payment Bonds—Construction June 2020 I.65 52.229-03 Federal, State, and Local Taxes February 2013 I.66 52.232-05 Payments under Fixed-Price Construction Contracts May 2014 I.67 52.232-16 Progress Payments Nov 2021 I.68 52.232-17 Interest May 2014 I.69 52.232-18 Availability of Funds April 1984 I.70 52.232-23 Assignment of Claims May 2014 I.71 52.232-27 Prompt Payment for Construction Contracts January 2017 I.72 52.232-33 Payment by Electronic Funds Transfer-System for Award Management October 2018 I.73 52.232-39 Unenforceability of Unauthorized Obligations June 2013 I.74 52.232-40 Providing Accelerated Payments to Small Business Subcontractors March 2023 I.75 52.233-1 Disputes May 2014 I.76 52.233-03 Protest after Award August 1996 I.77 52.233-04 Applicable Law for Breach of Contract Claim October 2004 I.78 52.236-02 Differing Site Conditions April 1984 I.79 52.236-03 Site Investigation and Conditions Affecting the Work April 1984 I.80 52.236-04 Physical Data April 1984 I.81 52.236-05 Material and Workmanship April 1984 I.82 52.236-06 Superintendence by the Contractor April 1984 I.83 52.236-07 Permits and Responsibilities November 1991 I.84 52.236-08 Other Contracts April 1984 I.85 52.236-09 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements April 1984 I.86 52.236-10 Operations and Storage Areas April 1984 I.87 52.236-11 Use and Possession Prior to Completion April 1984 I.88 52.236-12 Cleaning Up April 1984 I.89 52.236-13 Accident Prevention November 1991 I.90 52.236-14 Availability and Use of Utility Services April 1984

I.91 52.236-15 Schedules for Construction Contracts April 1984 I.92 52.236-16 Quantity Surveys April 1984 I.93 52.236-17 Layout of Work April 1984 I.94 52.236-21 Specifications and Drawings for Construction Feb 1997 - Alternate I (April 1984) I.95 52.236-26 Preconstruction Conference February 1995 I.96 52.242-13 Bankruptcy July 1995 I.97 52.243-04 Changes June 2007 I.98 52.243-5 Changes and Changed Conditions April 1984 I.99 52.244-6 Subcontracts for Commercial Products and Commercial Services September 2023 I.100 52.248-03 Value Engineering-Construction October 2020 I.101 52.249-02 Termination for Convenience of the Government (Fixed-Price) April 2012 - Alternate I September 1996 I.102 52.249-10 Default (Fixed-Price Construction) April 1984 I.103 52.252-02 Clauses Incorporated By Reference February 1998 I.104 52.252-04 Alterations in Contract April 1984 I.105 52.252-06 Authorized Deviations in Clauses November 2020 I.106 52.253-01 Computer Generated Forms January 1991 I.107 52.204-27 Prohibition on a ByteDance Covered Application June 2023

SECTION J -- List of Documents, Exhibits and Other Attachments J.1 Specification Construction Details of SCR for Project PIR 2 (4) J.2 Plan Sheets / Drawings J.3 By Reference: Davis Bacon Wage Determination: AZ160009, 01/08/2016, AZ9 J.4 Standard Forms / website: gsa.gov J.5 DOI Policy – Prohibition on Texting While Driving

SECTION K -- Representations, Certifications and Other Statements of Offerors K.1 52.203-02 Certificate of Independent Price Determination April 1985 K.2 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions September 2007 K.3 52.204-08 Annual Representations and Certifications March 2023 K.4 52.204-17 Ownership or Control of Offeror August 2020 K.5 52.204-19 Incorporation by Reference of Representations and Certifications December 2014 K.6 52.209-2 Prohibition On Contracting With Inverted Domestic Corporations--Representation November 2015 K.7 52.209-5 Certification Regarding Responsibility Matters August 2020 K.8 52.209-07 Information Regarding Responsibility Matters October 2018 K.9 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

February 2016

K.10 52.219-1 Small Business Program Representations September 2023 K.11 52.219-2 Equal Low Bids October 1995 K.12 52.222-22 Previous Contracts and Compliance Reports February 1999 K.13 52.222-38 Compliance with Veterans’ Employment Reporting Requirements February 2016 K.14 52.223-01 Biobased Product Certification May 2012 K.15 52.223-04 Recovered Material Certification May 2008 K.16 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and

Certification June 2020

SECTION L -- Instructions, Conditions and Notices to Bidders L.1 1452.233-02 Service of Protest--Department of the Interior July 1996 L.2 52.204-07 System for Award Management October 2018 L.3 52.204-16 Commercial and Government Entity Code Reporting August 2020 L.4 52.204-18 Commercial and Government Entity Code Maintenance August 2020 L.5 52.214-03 Amendments to Invitations for Bids December 2016 L.6 52.214-04 False Statement in Bids April 1984 L.7 52.214-05 Submission of Bids December 2016 L.8 52.214-06 Explanation to Prospective Bidders April 1984 L.9 52.214-07 Late Submissions, Modifications, and Withdrawals of Bids November 1999 L.10 52.214-18 Preparation of Bids—Construction April 1984 L.11 52.214-19 Contract Award -- Sealed Bidding -- Construction August 1996 L.12 52.214-34 Submission of Offers in the English Language April 1991 L.13 52.214-35 Submission of Offers in U.S. Currency April 1991 L.14 52.216-01 Type of Contract April 1984 L.15 52.222-05 Construction Wage Rate Requirements-Secondary Site of the Work May 2014 L.16 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment For Construction February 1999 L.17 52.225-10 Notice of Buy American Requirement--Construction Materials May 2014 L.18 52.232-14 Notice of Availability of Progress Payments Exclusively for Small Business Concerns April 1984 L.19 52.233-2 Service of Protest September 2006 L.20 52.236-27 Site Visit (Construction) February 1995 L.21 52.252-01 Solicitation Provisions Incorporated By Reference February 1998

L.22 52.252-03 Alterations in Solicitation April 1984 L.23 52.252-05 Authorized Deviations In Provisions November 2020

SECTION M -- Evaluation Factors for Award M.1 52.214-19 Contract Award-Sealed Bidding-Construction August 1996 M.2 52.214-22 Evaluation of Bids for Multiple Awards March 1990

SECTION B SUPPLIES OR SERICES AND PRICES 140A1124B0001

CONTRACTOR________________________________________ UEI#________________________________

PHONE # ___________________________________ EMAIL ADDRESS____________________________________

SECTION C DESCRIPTION / SPECIFICATIONS

SEE ATTACHED SPECIFICATION CONSTRUCTION DETAILS OF SCR for Project PIR 2(4)

SECTION E INSPECTION AND ACCEPTANCE

E.1 52.246-12 -- Inspection of Construction August 1996

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

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

All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not -- (1) Relieve the Contractor of responsibility for providing adequate quality control measures; (2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance; (3) Constitute or imply acceptance; or (4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

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

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

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

(g) If the Contractor does not promptly replace or correct rejected work, the Government may -- (1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or (2) Terminate for default the Contractor’s right to proceed.

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

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

E.2 52.246-21 -- Warranty of Construction March 1994

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of -- (1) The Contractor’s failure to conform to contract requirements; or (2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall -- (1) Obtain all warranties that would be given in normal commercial practice; (2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and (3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

Alternate I (Apr 1984). If the Government specifies in the contract the use of any equipment by “brand name and model,” the contracting officer may add a paragraph substantially the same as the following paragraph (k) to the basic clause:

(k) Defects in design or manufacture of equipment specified by the Government on a “brand name and model” basis, shall not be included in this warranty. In this event, the Contractor shall require any subcontractors, manufacturers, or suppliers thereof to execute their warranties, in writing, directly to the Government.

SECTION F DELIVERIES OR PERFORMANCE

F.1 52.211-10 Commencement, Prosecution, and Completion of Work April 1984

The Contractor shall be required to (a) commence work under this contract within Ten (10) [Contracting Officer insert number] calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than One Hundred Eighty (180) Calendar Days .* The time stated for completion shall include final cleanup of the premises.

F.2 52.211-13 Time Extensions September 2000

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

F.3 52.211-18 Variation in Estimated Quantity April 1984

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

F.4 52.219-14 Limitations on Subcontracting October 2022

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and (2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3); (3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15; (4) Orders expected to exceed the simplified acquisition threshold and that are—(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405- 5 and 16.505(b)(2)(i)(F); or (ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or (ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and (6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract; (2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract; (3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or (4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows: (1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause—[Contracting Officer check as appropriate.]

□ By the end of the base term of the contract and then by the end of each subsequent option period; or

□ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants. (1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work https://www.acquisition.gov/far/19.000#FAR_19_000 https://www.acquisition.gov/far/19.000#FAR_19_000 https://www.acquisition.gov/far/subpart-19.8#FAR_Subpart_19_8 https://www.acquisition.gov/far/subpart-19.13#FAR_Subpart_19_13 https://www.acquisition.gov/far/subpart-19.14#FAR_Subpart_19_14 https://www.acquisition.gov/far/subpart-19.15#FAR_Subpart_19_15 https://www.acquisition.gov/far/8.405-5#FAR_8_405_5 https://www.acquisition.gov/far/8.405-5#FAR_8_405_5 https://www.acquisition.gov/far/16.505#FAR_16_505 https://www.acquisition.gov/far/19.504#FAR_19_504 https://www.acquisition.gov/far/subpart-19.8#FAR_Subpart_19_8 https://www.acquisition.gov/far/subpart-19.13#FAR_Subpart_19_13 https://www.acquisition.gov/far/subpart-19.14#FAR_Subpart_19_14 https://www.acquisition.gov/far/subpart-19.15#FAR_Subpart_19_15 https://www.acquisition.gov/far/8.405-5#FAR_8_405_5 https://www.acquisition.gov/far/16.505#FAR_16_505 https://www.acquisition.gov/far/subpart-19.8#FAR_Subpart_19_8 https://www.acquisition.gov/far/subpart-19.13#FAR_Subpart_19_13 https://www.acquisition.gov/far/subpart-19.14#FAR_Subpart_19_14 https://www.acquisition.gov/far/subpart-19.15#FAR_Subpart_19_15 https://www.acquisition.gov/far/19.504#FAR_19_504 performed by the small business protégé in the joint venture must be more than administrative functions. (2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

F.5 52.222-20 Contracts for Materials, Supplies, Articles and Equipment June 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

F.6 52.236-1 Performance of Work by the Contractor April 1984

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

F.7 52.242-14 Suspension of Work April 1984

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

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed -- (1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and (2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

https://www.acquisition.gov/far/22.602#FAR_22_602 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

SECTION G CONTRACT ADMINISTRATION DATA

G.1 GOVERNMENT ADMINISTRATION PERSONNEL

CONTRACT ADMINISTRATION - BUREAU OF INDIAN AFFAIRS

a. Melanie Schiaveto, Contracting Officer BIA-Western Regional Office - Division of Acquisition 2600 N. Central Avenue, 4th Floor Phoenix, Arizona 85004-3050

E-mail address: melanie.schiaveto@bia.gov Telephone No.: 602- 881-4707

During the solicitation phase, potential Offerors shall contact, and submit in writing to Melanie Schiaveto, Contracting Officer, any and all technical questions regarding project via email address melanie.schiaveto@bia.gov.

G.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

Mr. Steve Slade, BIA WRO Supervisory Highway Engineer, P.E., Regional Construction Manager BIA, Western Regional Office Division of Transportation 2600 N. Central Avenue Phoenix, AZ 85004-3050 E-mail address: Steven.Slade@bia.gov / Office Telephone No.: 602-469-1633

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

The COR is not authorized to make any changes to the terms and conditions of this contract. Only the Contracting Officer is authorized to make any changes to the contract by a properly written signed modification to the contract.

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

G3. 1452.201-70 Authorities and Delegations September 2011

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

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions: (1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract; (2) Waive or agree to modification of the delivery schedule; (3) Make any final decision on any contract matter subject to the Disputes Clause; (4) Terminate, for any reason, the Contractor's right to proceed; (5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

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

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

G.4 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) April 2013

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

(IPP).

mailto:scott.schmidgall@bia.gov

"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.

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 REQUIREMENTS FOR EXECUTION OF SURETY BONDS

Each surety company bond (bid, performance and payment) which purports to have been executed by an agent or attorney-in-fact, for the corporate surety, is required to have submitted with it a power of attorney to the signatory agent or attorney-in-fact, and executed by the corporate surety upon a date reasonably approximate to the date to the bond. Such power of attorney shall in each instance be retained with the bond.

H.2 BOND REQUIREMENTS

In compliance with FAR Clause 52.228-01 "Bid Guarantee" and 52.228-15 "Performance and Payment Bonds - Construction", Performance and Payment Bonds are required within 15 days after award of the contract, the Contractor shall execute and furnish two bonds, each with good and sufficient surety or sureties acceptable to the Government; namely, a Performance (Standard Form 25) and a Payment Bond (Standard Form 25A).

The penal sums of such bond will be as follows:

(a) Bid Bond - 20% of the bid price for Schedule A.

(b) Performance Bond - The amount of the performance bond shall be 100% of the original contract price for Schedule A.

(c) Payment Bond - The amount of the payment bond shall be 100% of the original contract price for Schedule A.

(d) Individual Surety - The bidders shall comply with FAR Clause 52.228-11, Pledges of Assets.

(e) Third Party Indemnification Agreements. The bidder shall furnish a copy of any indemnification agreements that it entered into in order to secure the bonds required by the solicitation by the time set for bid opening. If an indemnification agreement was not required in order for the bidder to obtain the required bonds, an affidavit to that effect shall be provided by the surety along with the bid bond by the time set for bid opening.

Failure to furnish a copy of the required indemnification agreement or the surety's affidavit may cause the bid to be rejected.

H.3 TRIBAL TAXES, REQUIREMENTS AND /OR RESTRICTIONS

(a) Special attention is called to FAR Clause 52.236-7, Permits and Responsibilities and FAR Clause 52.229-3, Federal, State, and Local Taxes. Bidders are responsible for contacting the tribe or tribal organization involved with regard to any requirements regarding tribal taxes, royalties and/or other applicable tribal laws or ordinances. Any costs associated with this section shall be included in the contractor's bid.

(b) Bidders are responsible for contacting the Tohono O'odham Nation and the Tribal Employment Rights Office (TERO) for Indian Preference employment information, tribal taxes and fees. The information below may or may not be current.

Tohono O'odham Nation Tribal Employment Rights Office (TERO) Office of the Chairman Attn: TERO Director P.O. Box 40 Tohono O'odham Nation Sells, AZ 85634 P.O. Box 40 Phone: 520/ 383-2028 Sells, AZ 85634 Email: TERO@toua.net Phone: 520- 383-3304

Arizona Department of Revenue Taxpayer Information and Assistance P.O. Box 29086 Phoenix, Arizona 85038-9086 Phone: (602)255-2060 Fax: (602)542-2072

H.4 SUBCONTRACTING AND SUBCONTRACTORS

(a) Selection of Subcontractors. The contractor and each subcontractor shall be free to select their subcontractors. Each subcontractor shall be capable of performing in a satisfactory manner, all work included in its subcontract. The contractor shall submit or require the submission of the following information to the Contracting Officer: (1) The name and address of each subcontractor. (2) A detailed description of the work covered by each subcontract. (3) A statement that the subcontractor has adequate resources and is capable of performing the work.

(b) Furnish Copies of Subcontracts. No subcontractor will be allowed to perform any work on the project site until the conditions in (b) above have been met and the contractor has completed and submitted SF-1413, Statement and Acknowledgment, to the Contracting Officer in accordance with FAR Clause 52.222-11, Subcontracts (labor Standards). The subcontract shall include therein, verbatim, paragraphs b(1) through b(11) of FAR Clause 52.222-26, Equal Opportunity, incorporated by reference in this contract. These requirements pertain to all subcontracts, no matter what tier or relationship they have to the prime contractor except that the FAR Clause 52.222-26, Equal Opportunity is not required to be included in subcontracts of $10,000 or less.

(c) Contractor's Responsibility for Subcontractors. The contractor shall be responsible for the acts of all subcontractors and their employees when performing work at the project site, regardless of subcontractors' contractual relationship to the contractor. The contractor shall cause to be removed from the work at the project site any subcontractor or employee thereof whom the Contracting Officer, in writing, finds to be incompetent, careless, or otherwise objectionable (see FAR 52.236-05 Material and Workmanship). Failure of any subcontractor to complete the work described in its subcontract in a satisfactory manner, or without delay, will not excuse the contractor from any delay in the completion of the entire contract.

H.5 MODIFICATION PROPOSAL - COST BREAKDOWN

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

H.6 CONTRACTOR SAFETY PROGRAM REQUIREMENTS

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

(a) Safety Program Submittal: Within 10 days following the awarding of a contract, the Contractor shall submit in writing to the Contracting Officer's Representative (COR) a proposed comprehensive safety program for approval. The Contractor's safety program shall detail policies, procedures and plans that will be implemented to ensure the safety and health of employees and visitors at the job site. The Contractor shall prepare a list of major hazards associated with the contract work and provide in the safety program means to minimize the hazards.

(b) Pre-Construction Safety Meeting: Representative of the Contractor shall meet with Contracting Officer's Representative and CO prior to the start of construction to review the safety program and discuss implementation of health and safety provisions pertinent to the work under contract. The Contractor should be prepared to discuss, in detail, the measures to be taken to control the hazards associated with the major phases of the work under contract. This meeting shall be devoted mainly to a discussion of the manner in which the Contractor intends to administer the health and safety program, delegation of responsibility for implementing the program, and a determination of what shall be presented in the written safety program.

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

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

H.7 PROHIBITION ON TEXTING WHILE DRIVING

Special attention is directed to FAR Clause 52.223-18 "Encouraging Contractor Policies to Ban Text Messaging While Driving", and to the DOI Policy - "Prohibition on Texting While Driving". The Executive Order requires Federal agencies to take steps to encourage Federal contractors, subcontractors, recipients, and sub recipients of financial assistance to adopt and enforce their own policies that ban employees from texting while driving GOVs or company-owned, company-leased, or company-rented vehicles or while driving POVs on official Government business or when performing work for, or on behalf of, the Government. Those entities are further encouraged to educate their employees and to urge voluntary compliance with a texting ban for off-duty employees.

H.8 DETERMINATION AND EXTENSION OF CONTRACT TIME

(a) The calendar days, stated under Section F.3 - FAR 52.211-10, allowed for the performance of the contract is based upon the work to be performed and weather conditions that are normally anticipated in the area that may prevent work. Request for time extensions because of weather conditions shall not be granted except in the case of unusually severe weather or "Act of Nature" unanticipated by this contract.

H.9 PLANS AND SPECIFICATIONS

(a) Due to excessive costs incurred by the Government in printing, the Government will no longer be providing plans and specifications for its projects to suppliers and/or subcontractors.

(b) Any Prime Contractor bidding on Government contracts is responsible for providing its Subcontractors and Suppliers with information relating to their respective disciplines for cost proposals. Any misinterpretation or incorrect bids made to the Prime Contractor by the Subcontractor or Suppliers will not relieve the prime Contractor of his obligation to the contract or his bid proposal.

H.10 DAYS OF WORK

Construction work shall not be permitted on Saturdays, Saturdays, New Year's Day, Martin Luther King JR.'s Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day, or any other declared Government holiday or days as requested by the Tribe. When any of the above holidays falls on Saturday, the preceding Friday is established as a holiday for Government employees or when any of the above holidays falls on a Sunday, the Monday following that day is established as a holiday for Government employees. No construction will be permitted on those days; however, the Contracting Officer, when in his/her opinion is justified, may grant the Contractor permission to work on any of the above days upon written application by the Contractor in advance.

H.11 HOURS OF WORK

a. As directed by the Contracting Officer the contractor may be restricted to work only…