Sol_140A0322B0002.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040574224

BIA SPRO 00003

100 NORTH RIVERSIDE DRIVE

Contracting Office Anadarko OK 73005-0328

A03

BUREAU OF INDIAN AFFAIRS SPRO

BRANCH OF ACQUISITIONS

1 MILE N. HWY 281/100 RIVERSIDE DR.

ANADARKO, OK 73005

Jocelyn Littlechief 405-247-1527 x

04/26/2022

140A0322B0002

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

PROJECT TITLE: APACHE TRIBE OF OKLAHOMA, SILVER BUFFALO CASINO AND FOOD DISTRIBUTION

BUILDING PARKING LOT PROJECT

CONTRACT TYPE: The Government contemplates award of firm fixed-price contract resulting from this solicitation.

SOCIOECONOMIC PROGRAMS: This procurement is being set-aside exclusively for Indian

Small Business Economic Enterprises (ISBEE) as defined under the Buy Indian

Regulations 48 CFR PART 1480. Only those vendors that are registered in sam.gov as a small Native owned business under the stated NAICS Code can submit a bid. All bidders will need to be registered and active at the time bids are due. Those not registered will be eliminated and determined as non-responsive. Potential contractors will be required to complete the ISBEE Certification Form and submit it with their bid.

BACKGROUND: The Bureau of Indian Affairs has a requirement for the reconstruction of an existing parking lot to provide safe and convenient access to the Silver Buffalo

Casino and the Apache Tribe Food Distribution facility.

The Tribe does not have the ability to contract this project under P.L. 93-638, Continued ...

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

7 120 calendar days and complete it within ________________ ________________ calendar days after receiving

05/27/2022

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

BIA SPRO 00003

100 NORTH RIVERSIDE DRIVE

Contracting Office Anadarko OK 73005-0328

A03

Jocelyn Littlechief

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 33

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A0322B0002

Subpart J, therefore the Bureau of Indian Affairs is soliciting this work to be done on behalf of the Tribe. The Tribe does not have a TERO

Ordinance.

DESCRIPTION: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the work to include grading, drainage and paving improvements for the Parking

Lot. The contractor shall improve the safety and convenience of the Parking Lot by removing the existing gravel and placing new aggregate base, concrete pavement, curbs, gutter, sidewalks, pavement striping, drainage structures, light poles, and signs. The contractor shall perform to the standards in this contract and specifications.

PROJECT LOCATION: The work to be performed under this contract will be performed at the project site located in Anadarko, Oklahoma. Location is at the corner of East Colorado Drive and

Southeast 7th Street, also known as State Highway

8.

MAGNITUDE OF PROJECT: As required under FAR Part

36.204, Project Magnitude is between $500,000 -

$1,000,000.

NAICS CODE: For informational purposes, the North

American Industry Classification Code (NAICS) is

237310 - Highway, Street, and Bridge Construction with a size standard of $39.5mil.

SITE VISIT: A formal site visit will be scheduled, with details outlined in under Section

L.

BONDING: FAR Clause 52.228-15, Performance and

Payment Bonds-Construction, will apply, along with FAR Clause 52.228-1 Bid Guarantee.

CONSTRUCTION WAGE RATES: Contractor will also comply with the Construction Wage Rates for Caddo

County, Oklahoma, OK20220018 dated February 25, Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 33

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A0322B0002

2022.

Plicable Permits, archeological and environmental clearances have been acquired.

DATES: Bid Opening is set for May 27, 2022 at

2:00 pm CT. The Government anticipates the award to be made by June 15 2022. Notice to Proceed will be issued once bonding and insurance is provided, with 120 days to complete all work after Notice to Proceed (NTP) is issued.

Legacy Doc #: IA

Delivery: 07/01/2023

Delivery Location Code: 0008351353

DOI S PLAINS REGION

P O Box 368

Anadarko OK 73005-0368 US

00010 Apache-Silver Buffalo Pk Lt-FA-AM66K 21X

Product/Service Code: Z2LZ

Product/Service Description: REPAIR OR ALTERATION

OF PARKING FACILITIES

Period of Performance: 06/15/2022 to 10/31/2022

00020 Apache-Silver Buffalo Pk Lt-FA-AM66K 18X

Product/Service Code: Z2LZ

Product/Service Description: REPAIR OR ALTERATION

OF PARKING FACILITIES

Period of Performance: 06/15/2022 to 10/31/2022

00030 Apache-Silver Buffalo Pk Lt-FA-AM6K1 18X

Product/Service Code: Y1LZ

Product/Service Description: CONSTRUCTION OF

PARKING FACILITIES

Period of Performance: 06/15/2022 to 10/31/2022

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

5 33

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A0322B0002

00040 Apache-Silver Buffalo Pk Lt-FA-AM66K 20X

Product/Service Code: Z2LZ

Product/Service Description: REPAIR OR ALTERATION

OF PARKING FACILITIES

Period of Performance: 06/15/2022 to 10/31/2022

00050 Apache-Silver Buffalo Pk Lt-FA-AM66K 16X

Product/Service Code: Z2LZ

Product/Service Description: REPAIR OR ALTERATION

OF PARKING FACILITIES

Period of Performance: 06/15/2022 to 10/31/2022

00060 Apache-Silver Buffalo PkLt-FA-AM6HI 214A

Product/Service Code: Z2LZ

Product/Service Description: REPAIR OR ALTERATION

OF PARKING FACILITIES

Period of Performance: 06/15/2022 to 10/31/2022

00070 Apache-Silver Buffalo Pk Lt-FA-AM6K1 16X

Product/Service Code: Y1LZ

Product/Service Description: CONSTRUCTION OF

PARKING FACILITIES

Period of Performance: 06/15/2022 to 10/31/2022

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

TABLE OF CONTENTS

A - Solicitation/Contract Form 7

B – Bid Schedule 8

C - Description/Specifications 9

D – Packaging and Marking 10

E – Inspection and Acceptance 11

F – Deliveries or Performance 12

G – Contract Administration Data 13

H – Special Contract Requirements 15

I – Contract Clauses 16

J – List of Documents, Exhibits and Other Attachments 21

K - Representations, Certifications, and Other Statements of Bidders 22

L – Instructions, Conditions, and Notices to Bidders 29

M- Evaluation Factor for Award 33

A - Solicitation/Contract Form

A.1 Type of Contract

The Department of Interior, Bureau of Indian Affairs (BIA) intends to award a firm fixed price contract from this solicitation under Federal Acquisition Regulation (FAR) Part 36, Construction and A/E Contracts, in conjunction with FAR Part 14, Sealed Bidding.

A.2 NAICS

The North American Industry Classification System (NAICS) Code 237310, Highway, Street, and Bridge Construction, with a business size standard of $39.5m.

A.3 Contract Term

The Government anticipates the award to be issued by June 15, 2022, with 120 days to complete all work after Notice to Proceed (NTP) is issued.

A.4 Place of Performance

The work to be performed under this contract will be performed at the Silver Buffalo Casino and Food Distribution Center Parking Lot on behalf of the Apache Tribe of Oklahoma, located at the corner of Hwy 8 and East Colorado Drive in Anadarko, Oklahoma, Caddo County.

A.5 Socioeconomic Programs

This procurement is being set-aside exclusively for Indian Small Business Economic Enterprises (ISBEE) as defined under the Buy Indian Regulations 48 CFR PART 1480. Only those vendors that are registered in sam.gov as a small Native owned business under the stated NAICS Code can submit a bid. All bidders will need to be registered and active at the time bids are due. Those not registered will be eliminated and determined as non-responsive. Potential contractors will be required to complete the ISBEE Certification Form and submit it with their bid.

B – Bid Schedule

B.1 Pricing

The BID must be submitted on the attached Unit Price Schedule without modification.

The Bid takes into consideration any Amendments, if applicable, called ADDENDUM, to the plans and specifications, the receipt of which should be acknowledged in the space provided on the Solicitation Form, Offer and Award, SF-1442 Form.

B.2 Unit Price Schedule

The quantities listed for each item is estimated and the Unit Price is applicable to each, as given in the Bid Schedule attached. The final pay quantity measurements shall be rounded to the significant figures given in this bid schedule for the final pay estimates.

The Government will pay for the actual quantities, at the fixed unit price, for work performed and accepted or materials provided as required by the Contract and in accordance with ODOT, Section 109, Measurements and Payments.

C – Specifications/Drawings

C.1. Description of Services/Introduction

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the reconstruction of the parking lots around the Silver Buffalo Casino and Food Distribution Building, as defined in this Statement of Work. The contractor shall perform to the standards in this contract.

C.2 Background

The Bureau of Indian Affairs has a requirement for the reconstruction of an existing parking lot to provide safe and convenient access to the Silver Buffalo Casino and the Apache Tribe Food Distribution facility.

The Tribe does not have the ability to contract this project under P.L. 93-638, Subpart J, therefore the Bureau of Indian Affairs is soliciting this work to be done on behalf of the Tribe. The Tribe does not have a TERO Ordinance.

C.3 Scope

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the work to include grading, drainage and paving improvements for the Silver Buffalo Casino and Food Distribution Building parking lot. The contractor shall improve the safety and convenience of the Parking Lot by removing the existing gravel and placing new aggregate base, concrete pavement, curbs, gutter, sidewalks, pavement striping, drainage structures, light poles, and signs. The contractor shall perform to the standards in this contract and specifications.

C.4 Plans/Specifications

The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

2009 Oklahoma Standard Specifications for Highway Construction Current version of the Manual of Uniform Traffic Control Devices for Streets and Highways

D – Packaging and Marking N/A

E – Inspection and Acceptance E.1 Clauses Incorporated by Reference. (Feb 1998)

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

52.246-12 Inspection of Construction. (APR 1996) 52.246-13 Inspection – Dismantling, Demolition, or Removal of Improvements (AUG 1996)

E.2 Acceptance of Completed Work

Acceptance of completed work will be based on its conformance to the contract. Nonconforming work will be rejected. The government is not obligated to accept nonconforming work at a reduced price. Start replacement or correction of rejected work within 48 hours after receipt of the rejection notice.

E3 Quality Control

The contractor shall develop and maintain an effective Quality Control Program (QCP) to ensure services are performed in accordance with the contract terms and conditions of the contract. The contractor's Quality Control Program is the means by which he ensures the work complies with the requirements of the contract. The QCP is to be delivered within 5 calendar days after contract award. Three copies of a comprehensive written QCP shall be submitted to the CO and COR within 5 working days when changes are made thereafter. After acceptance of the quality control plan the contractor shall receive the contracting officer's acceptance in writing of any proposed change to his QC system.

E.4 Quality Assurance

The government shall evaluate the contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards.

http://www.acquisition.gov/far/

F – Deliveries or Performance

F.1 52.252-2 Clauses Incorporated by Reference. (Feb 1998)

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

52.211-13 Time Extensions. (SEP 2000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.236-15 Schedule for Construction Contracts (APR 1984) 52.242-14 Suspension of Work (APR 1984)

F.2 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 calendar days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

F.3 52.211-12 Liquidated Damages-Construction. (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $461.39 for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

G – Contract Administration Data G. 1 Contract Administration

The Contracting Officer’s Representative for this Contract will be:

Lonnie Hammer, Highway Engineer Southern Plains Regional Office, Division of Transportation PO Box 368 Anadarko, OK 73005 Telephone Number: (405) 247-8922 Work; (505) 906-1230 Cell Email Address: Lonnie.hammer@bia.gov

The Contracting Officer responsible for this contract will be:

Jocelyn LittleChief, Contracting Officer Bureau of Indian Affairs Southern Plains Regional Office P.O. Box368 Anadarko, OK 73005 Telephone Number: 405.247.1527 Email Address: Jocelyn.littlechief@bia.gov

G.2 DIAR 1452.201-70 Authorities and delegations. (SEP 2011)

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

(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.

(End of clause) mailto:Lonnie.hammer@bia.gov

G. 3 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).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice; an invoice based on the schedule of values that has already been reviewed and accepted by the COR.

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. (End of Local Clause)

G.4 Appointment of Contractor Representative/Superintendent

The contractor shall provide a superintendent who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor shall be designated in writing to the contracting officer. The superintendent or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The superintendent or alternate shall be available between 8:00 a.m. to 4:30p.m., Monday thru Friday except Federal holidays

H - Special Contract Requirements H.1 Work Hours

The performance period established for this contract is based upon all work being conducted during regular working hours between 6:00am and 8:00pm, Monday through Friday, excluding government holidays. If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, and government holidays, a request must be submitted to the Contracting Officer in sufficient time to allow satisfactory arrangements to be made by the Government for access to the work site and inspection.

H.2 Preservation of Historical and Archeological Data

(a) The Historic and Archeological Data Preservation Act of 1974, provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or program.

(b) If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the Contracting Officer in writing, giving the location and nature of the findings. No objects of cultural resource value may be removed.

(c) Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the Changes clause.

(d) The Contractor will be responsible for protecting the cultural resources within the affected area from damage. In addition, the contractor will be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The Contractor shall immediately notify the Contracting Officer or his representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed.

H.3 Federal Holidays

All legal Federal Holidays are observed.

H.4 Construction Wage Rates

Wage Rates apply to the work to be performed under this Contract and those rates are set out in Section J, Attachment 3. The project is located in Caddo County, Oklahoma.

I - Contract Clauses I.1 52.252-1 Solicitation Provision Incorporated by Reference. (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://www.acquisition.gov/far/. (End of Provision)

I.2 52.252-2 Clauses Incorporated by Reference. (Feb 1998)

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

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) 52.214-29 Order of Precedence-Sealed Bidding (JAN 1986) 52.219-8 Utilization of Small Business Concerns ALT 1 (OCT 2018) 52.219-9 Small Business Subcontracting Plan ALT 1 (NOV 2021) 52.219-16 Liquidated Damages-Subcontracting Plan (SEPT 2021) 52.219-28 Post-Award Small Business Program Representation. (SEPT 2021) 52.222-3 Convict Labor. (JUN 2003) 52.222-6 Construction Wage Rate Requirements. (AUG 2018) 52.222-7 Withholding of Funds. (MAY 2014) 52.222-8 Payrolls and Basic Records. (JUL 2021) 52.222-9 Apprentices and Trainees. (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) 52.222-11 Subcontracts (Labor Standards). (MAY 2014) 52.222-12 Contract Termination - Debarment. (MAY 2014) 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (MAY 2014) 52.222-21 Prohibition of segregated facilities. (APR 2015) 52.222-26 Equal Opportunity. (SEPT 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020) 52.222-50 Combating Trafficking in Persons. (NOV 2021) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (JUN 2020) 52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.228-11 Pledges of Assets. (FEB 2021) 52.228-15 Performance and Payment Bonds-Construction (JUN 2020) 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.233-1 Disputes. (MAY 2014) - Alternate I (DEC 1991)

52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) 52.236-10 Operations and Storage Areas. (APR 1984) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up. (APR 1984) 52.236-13 Accident Prevention. (NOV 1991) 52.236-17 Layout of Work. (APR 1984) 52.236-26 Preconstruction Conference. (FEB 1995) 52.249-10 Default (Fixed-Price Construction) Alt II. (APR 1984) 52.243-5 Changes and Changed Conditions. (APR 1984) 52.244-6 Subcontracts for Commercial Items. (JAN 2022) 52.246-21 Warranty of Construction. (MAR 1994) 52.248-3 Value Engineering - Construction. (OCT 2020) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I (SEP 1996) 52.249-10 Termination for Default (Fixed Price Construction)(APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991)

I.3 DIAR Clauses Incorporated by Reference

1452.203-70 Restriction on Endorsements (JUL 1996) 1452.204-70 Release of Claims (JUL 1996) 1452.226-70 Indian Preference (APR 1984) 1452.226-71 Indian Preference Program (APR 1984) 1452.236-70 Prohibition Against Use of Lead-based Paint-Department of Interior (JUL 1996)

I.4 52.225-9 Buy American - Construction Materials. (NOV 2021)

(a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item —

(1) Means any item of supply (including construction material ) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product ” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material " means an article, material , or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials , or supplies . However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies , not construction material .

Cost of components means —

(1) For components purchased by the Contractor , the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or https://www.acquisition.gov/far/part-2#FAR_2_101

(2) For components manufactured by the Contractor , all costs associated with the manufacture of the component , including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material .

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both -

(i) An unmanufactured construction material mined or produced in the United States ; or

(ii) A construction material manufactured in the United States , if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components . Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both , a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material . The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners . Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components , the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components ".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material .

Foreign iron and steel means iron or steel products not produced in the United States . Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States , from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components . The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners .

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"United States " means the 50 States , the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material . In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both , the domestic content test is applied only to the iron and steel content of the construction materials , excluding COTS fasteners . (See FAR 12.505(a)(2)).

The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

________________________________________________[Contracting Officer to list applicable excepted materials or indicate "none"]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials ;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material . However, when the basis for the exception is the unreasonable price of a domestic construction material , adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data . To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Price (dollars)*

Item1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information .]

(End of clause)

I.5 DIAR 1452.228-70 Liability Insurance —Department of the Interior (JUL 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$200,000 each person* $500,000 each occurrence* $20,000 property damage*

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work. (End of clause)

J - List of Documents, Exhibits and Other Attachments

List of Documents, Exhibits, and Other Attachments

Attachment Number Title

1 PLANS

2 BID SCHEDULE

3 WAGE RATES

4 IBEE CERTIFICATION FORM

List of Documents by Reference

Attachment Number Title

1 2009 Oklahoma Standard Specifications for Highway Construction

2 Current version of the Manual of Uniform Traffic Control Devices for Streets and Highways

K - Representations, Certifications, and Other Statements of Bidders

K.1 52.252-1 Solicitation Provision Incorporated by Reference. (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://www.acquisition.gov/far/. (End of Provision)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications (JUN 2020) 52.236-28 Preparation of Proposals – Construction (OCT 1997) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (NOV 2021 52.236-15 Schedules for Construction Contracts (APR 1984)

K.2 52.204-8 Annual Representations and Certifications. (JAN 2022)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $39.5.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition— (i)Is set aside for small business and has a value above the simplified acquisition threshold;

(ii)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (iii)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-http://www.acquisition.gov/far/ https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_203_2 https://www.acquisition.gov/far/part-13#FAR_Part_13 https://www.acquisition.gov/far/part-52#FAR_52_203_11 https://www.acquisition.gov/far/part-52#FAR_52_203_18 https://www.acquisition.gov/far/part-52#FAR_52_204_3 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_204_5

(A) Are not set aside for small business concerns ;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services -Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations -Representation.

(viii) 52.209-5, CertificationRegarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids . This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the…