Sol_140A0325Q0002.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

A03

Anadarko OK 73005-0328 Contracting Office

100 NORTH RIVERSIDE DRIVE

BIA SPRO 00003

0011281499 CODE 16. ADMINISTERED BYCODE

X

X

X

541110

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORA03

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

01/27/2025 1400 CS

12/23/2024

405-247-1527Jocelyn Littlechief (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140A0325Q0002

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 49 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Anadarko OK 73005-0368 P O Box 368

DOI S PLAINS REGION

15. DELIVER TO

Anadarko OK 73005-0328 Contracting Office

100 NORTH RIVERSIDE DRIVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$15.5

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

BIA SPRO 00003

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

PUBLIC DEFENDER SERVICES-COURT OF INDIAN OFFENSES

The Bureau of Indian Affairs has a need for a Contractor to provide Public Defender Services for the Courts of Indian Offenses, commonly referred to as the CFR Courts under the Southern Plains Regional Office.

This solicitation is being issued as an Indian Small Business Economic Enterprise (ISBEE) set-aside. Under the Buy Indian Act, 25 U.S.C.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Jocelyn Littlechief

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

47, offers are solicited only from Indian

Economic Enterprises (Subpart 1480.8) that are also small business concerns. Any acquisition resulting from this solicitation will be from such a concern. Offers received from enterprises that are not both Indian economic enterprises and small business concerns will not be considered and will be rejected. As part of your offer, you must complete and return the Indian Economic

Enterprise Representation form, see attachment.

NAICS CODE: For informational purposes, the North

American Industry Classification Code (NAICS) is

541110, Office of Lawyers, with a size standard of $15.5mil. All bidders will need to be registered in SAM at the time of bid opening under this NAICS Code. If not, your bid will not be considered.

QUOTESL SUBMITTALS: Quotes can be submitted via mail, email or hand delivered. No faxes will be accepted. All Quotes are due January 27, 2025, 2:00 pm Central Standard time and should include the documents outlined in Section L of the solicitation.

Period of Performance: 03/01/2025 to 02/28/2026

00010 PUBLIC DEFENDER SERVICES @SPRO CFR COURT

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

49 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 49

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140A0325Q0002

Product/Service Code: R418

Product/Service Description: SUPPORT-

PROFESSIONAL: LEGAL

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

Sponsored by GSA

FAR (48 CFR) 53.110

TABLE OF CONTENTS

A - Solicitation/Contract Form 5

B - Supplies or Services/Prices 6

C - Description/Specifications 7

D – Packaging and Marking 9

E – Inspection and Acceptance 10

F – Deliveries or Performance 11

G – Contract Administration Data 13

H – Special Contract Requirements 15

I – Contract Clauses 21

J – List of Documents, Exhibits and Other Attachments 30

K – Representations, Certifications, and Other Statements to Bidders 31

L – Instructions, Conditions and Notices to Bidders 44

M – Evaluation Factors for Award 48

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 for commercial services under Federal Acquisition Regulation (FAR) Part 13, Simplified Acquisition Procedures. .

The North American Industry Classification System (NAICS) Code 541110, Office of Lawyers, with a business size standard of $15.5m.

A.2 Contract Term

The Government anticipates awarding a base contract effective March 1, 2025, with four option years. See Period of Performance for more details. Government does not guarantee option years will be exercised and if done will be exercised in accordance with FAR Clause 52.217-9.

(END OF SECTION A)

B - Supplies or Services/Prices

B. 3 Price

Contractor to submit a firm fixed price per court day. The attached Bid Schedule is required to be completed and submitted with Quote. The daily rate should be based on 8 hours a day and should include all costs associated with providing the service such as; counseling, advice, case management, pre-trial case preparation, case presentation, post-trial case closure, and monthly report. Rate will include travel time and expense to and from court sites.

It is extimated that there will be approximately 128 days of court a year between the two different CFR Courts. This total will vary depending on holidays, case load and number of weeks in a month. Contractor will bill for actual days worked.

(END OF SECTION B)

C - Description/Specifications

Contractor (hereinafter referred to as “Public Defender”) shall be responsible for all duties related to adult and to the juvenile matters set forth below, for the Courts of Indian Offenses, commonly referred to as the CFR Courts, under the Southern Plains Region and within the jurisdiction of each Tribe and the CFR Courts designated herein. Services provided in accordance with 25 CFR Part 11.

The Public Defender shall provide transportation, personnel, materials, supplies and equipment necessary to perform Public Defender services. Public Defender shall be available in emergency situations for the issuance of warrants and/or other emergency orders.

Court Clerks are not responsible for receiving/delivering messages for the Public Defender and will advise those people needing to do business with the Public Defender, of contact number(s), where he/she can be contacted, and that the Public Defender will be present at the CFR Court only on the days of court appearances in Anadarko, Oklahoma and Red Rock, Oklahoma. The Public Defender can be authorized to attend virtual hearings if approved by the presiding magistrate due to severe weather or building closure.

The Public Defender is primarily responsible for the criminal defense of all criminal cases arising within the jurisdiction of the Southern Plains Region, where the defendant is an indigent person and the representation of indigent Indian parents in cases where custody has been removed from the custodian.

Specifically, the contractor is responsible for the following:

1. The representation of indigent defendants in criminal cases filed by the Prosecutor of the CFR Court. The Court Clerk under the direction of the Magistrate will notify the Public Defender of cases assigned to him/her where there are an average of 5-10 cases per week.

2. The representation of indigent parents who have had children removed from their custody by the CFR Court in which their parental rights may be terminated as assigned to the Public Defender by the Magistrate.

3. The representation of indigent parents who have had a petition filed against them in CFR Court through a transfer of child custody pursuant to the Indian Child Welfare Act of 1978 (92 Stat.

3069, 25 U.S.C. 1901-52), or cases filed against indigent parents by the CFR Court Prosecutor pursuant to CFR Court regulations as assigned by the Court Clerk under the direction of the Magistrate. On average, the Public Defender may have 5-10 cases per month at both Anadarko, OK and Red Rock, OK CFRs.

4. The representation of Juveniles in Juvenile Delinquency cases, where there may be up to 60 cases in a year, which may include, but not limited to cases involving community services and completed transitions, more in particular with the children at the Riverside Indian School located in Anadarko, OK.

5. The representation for minors in cases where the Magistrate may appoint a Guardian Ad Litem for a minor; where the court finds that the minor does not have a natural or adoptive parent, guardian or custodian willing and able to exercise effective guardianship, or where a parent, guardian or custodian has been accused of abusing or neglecting the minor.

6. Representation shall be the same as the normal duties involved in the defense of clients (as specified in numbers 1-5 above), in State and Federal Court including the following:

a. Make CFR Court appearances on behalf of clients and represents clients in negotiations.

b. Prepares all legal documents required in the representation of clients in a court case including motions, briefs, subpoenas, answers, intent to appeal, appeals, and application for writs.

7. Working cooperatively and providing technical assistance to the FBI, BIA, and/or Tribal Law Enforcement personnel, Magistrate, Court Clerks, Tribal Officials and Regional Tribal Government Services Officer, in the performance of the above duties.

8. The Public Defender shall perform the duties set out under this Scope of Work in a timely and responsible manner to assure the administration of justice within the Tribal community and be in attendance at court sessions. The Magistrate sets the date for the regular court hearings days.

9. The Court will furnish an area and supplies for the Public Defender’s use on days when he/she is at the court.

10. Provide a home, office and cell telephone number to the Regional Tribal Government Officer and CFR Court personnel for distribution to enforcement staff for consultation and instruction purposes. Provide the Public Defender’s direct line office telephone number for client and public contact and not the CFR Courts’ main number. The public defender will need to check his voicemail, return calls and answer court correspondence addressed to her/him in a timely manner.

11. In the event a conflict of interest arises in performing duties under this contract, the court shall appoint an alternate Public Defender. The Public Defender shall compensate the alternate if the conflict is based on his private practice or work. The court will compensate the alternate in other instances of conflict.

12. If an alternate Public Defender needs to be appointed, prior approval must be given by the Magistrate and Tribal Government Officer, therefore a written request must be made.

(END OF SECTION C)

D - Packaging and Marking

N/A

(END OF SECTION D)

E - Inspection and Acceptance

E.1 52.246-4 Inspection of Services-Fixed-Price (Aug 1996)

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

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

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

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

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

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

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

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

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

(2) Terminate the contract for default

(END OF SECTION E)

F - Deliveries or Performance

F.1 Period of Performance

Base contract - March 1, 2025 – February 28, 2026 1st Option Year - March 1, 2026 – February 28, 2027 2nd Option Year - March 1, 2027 – February 28, 2028 3rd Option Year - March 1, 2028 – February 28, 2029 4th Option Year - March 1, 2029 – February 28, 2030

F.2 Hours of Operation

The majority of the Public Defender’s work will be performed at the CFR Court located in Anadarko, Oklahoma where he/she shall be present on court days from 10:00 am until 4:30 pm on Tuesday and Thursday of each week, a minimum of two (2) days per week. The Southern Plains Region will furnish a private office and supplies for the Public Defender’s use on days when he/she is at the court.

The Public Defender shall also provide services two (2) days each month, usually the first Monday of each month and the second day to be determined monthly, for the CFR Court located in Red Rock, Oklahoma.

Court may be held at 10:00 a.m. or 2:00 p.m. Notice of the court dates and times of hearing for the Red Rock CFR Court will be provided to Public Defender by the Court Clerk in advance of the scheduled court date.

The Public Defender is responsible for providing travel arrangements and the expense of travel.

F.3 Place of Performance Locations

BIA, ANADARKO AGENCY

CFR COURT

124 E PARKER MCKENZIE DRIVE

ANADARKO, OKLAHOMA 73005

OTOE MISSOURIA TRIBE OF OKLAHOMA

POLICE & TRIBAL COURTS BUILDING

22915 OTOE CEMETERY ROAD

RED ROCK, OKLAHOMA 74651

F.4 Observance of Legal Holidays and Excused Absence

The following Federal Legal Holidays are observed:

New Year’s Day Martin Luther King, Jr. Day President’s Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

If a holiday falls on Sunday, the following Monday will be observed as the legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government Agencies. In addition to the days designated as holidays, the Government observes the following days;

1. Any other day designated by Federal Statute

2. Any other day designated by Executive Order

3. Any other day designated by the President’s Proclamation

It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract. No work is authorized to be performed by the Contractor on any legal holiday or other days as designated above.

F.5 Notice of Contractor Delays

In the event the Contractor encounters, or anticipates encountering, difficulty in meeting performance requirements, or in complying with the contract delivery schedule or completion date, or whether the Contractor has the knowledge that any actual or potential situation is delaying, or threatens to delay, timely performance, the Contractor shall immediately, within one (1) business day, notify the CO and the COR, in writing, giving pertinent details; provided however, that this notification shall be informational only in character, and that this provision shall not be construed as a waiver by BIA of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

F.6 Travel

The Government could make the determination that it is in the best interest to have contractor attend meetings or conference on behalf of the Government. Those cost will be reimbursed in accordance with the Federal Travel Regulations. Travel to and from the two court sites will not be considered as travel under this section. All transportation costs to and from the two court sites is to be included in the daily rate.

F.7 Deliverables

Contractor to provide a monthly summary of work completed. This report will be due by the 10th days of the following month. Payment for services rendered will not be approved until this report is submitted, reviewed and accepted.

F.8 Complaints

If any formal complaints are lodged against the contractor, the complain will be heard by the Judicial Complaint Board, which is made up of the Chief Judge and two associates. The recommendation from the Board will be sent to the COR And CO for the determination of needed action.

(END OF SECTION F)

G - Contract Administration Data

G.1 Contracting and Administration Authority

The following subsections describe the roles and responsibility of individuals who will be the primary points of contact for the Government on matters regarding contract administration as well as other administrative information. The Government reserves the right to unilaterally change any of these individual assignments at any time.

G. 2 Contract Administration

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

Stormy Bennett, Tribal Government Specialist PO Box 368 Anadarko, OK 73005 405 247-1542 Email Address: stormy.bennett@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.3 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.

The Administrative Contracting Officer shall be:

Jocelyn Littlechief, Supervisory Contract Specialist Bureau of Indian Affairs – SPRO P. O. Box 368

Anadarko, OK 73005

(405) 247-1527 (o) Email: jocelyn.littlechief@bia.gov

(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 mailto:jocelyn.littlechief@bia.gov 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)

END OF SECTION G)

H - Special Contract Requirements

H.1 Security Requirements

H.1.1 Security Clearances

The scope of work and data collection requires the Contractors to have on-site access and may require the Contractor to collect information that is sensitive and for official use only or Agency sensitive. Therefore, personnel supporting this contract must have an approved BIA clearance, if they do not already have one.

The Contractor shall comply with the BIA administrative, physical and technical security controls to ensure that the governments security requirements are met. During the course of these tasks, the Contractor shall not use, disclose or reproduce data that bears a restrictive legend, other than as required in the performance of this contract, and will be required to sign non-disclosure agreements. Additionally, the Contractor shall comply with BIA personnel security requirements listed below.

H.1.2 Personnel Security

The Contractor agrees to adhere to all regulations prescribed by the Government in regard to the safety and security of staff and clients. All Contractor personnel utilized under this contract shall submit to a background check, and if necessary, a background investigation prior to preforming. The intent and purpose of the background check/investigation is to preclude the assignment of any individual who poses a threat to the Government, or successful work completion, due to past unlawful or inappropriate behavior.

Contractor personnel must be U.S. citizens, or be lawfully permitted to reside in the United States and possess a valid work permit. The Contractor shall ensure that an individual does not begin work under this contract until the background checks are conducted an approved by the security office.

H.1.3 Background Checks

Once the contract has been awarded, the Contractor will comply with the process on submitting the required documents to the appropriate office for processing. The COR will provide guidance on the process. Contractor has five days from award to request the forms and process from the COR.

Once an individual has been grated security approval, they can begin work. The Contractor must allow up to 30 days for this process.

If an individual is terminated, resigns, or for any other reason is no longer working under the contract, the Contractor shall ensure that all previously issued Government equipment and materials, including identification card, is retrieved from that individual and returned to the COR within one business day of the termination. The Contractor must notify the COR immediately when an individual is no longer working on the contract. The COR must immediately notify the Office of Security and Information Technology in writing so all electronic access can be promptly terminated. In addition, the Contractor shall coordinate with the CO and COR to identify a replacement if necessary. Replacements cannot start work until the Office of Security provides approval.

Contractor personnel shall wear or display the BIA issued identification at all times when performing work at the BIA facility.

H.1.4 Personally Identifiable Information (PII)

The Contractor is responsible for meeting information security and privacy requirements and for the proper handling of Personally Identifiable Information (PII). The Contractor must store, process, or transmit all PII or sensitive information only within BIA controlled IT resources. Any exceptions must be formally approved in writing by the Regional Director.

Contractor personnel are responsible for completing initial Information Security and Privacy Training in accordance with federal regulations and agency requirements and completing annual training thereafter.

H.2 Government-Furnished Property (GFP)

Government-Furnished Property (GFP) will be provided to the Contractor. On-site Contractors will be provided with access to office equipment, including, but not limited to, workspaces, phones, computers, printers, copiers and fax machines. GFP will be provided upon completion of the onboarding process of Contractor personnel. Access badges will be provided for all Contractor personnel assigned to work on a government site under this contract. Parking facilities are not provided.

The Contractor shall maintain and disposition all GFP and Contractor acquired (on behalf of the government) property in accordance with FAR 52.245-1 Government Property.

All GFP shall be returned to the government at the end of the contract period of performance in substantially the same manner as when it was first provided to the Contractor within 5 business days after an individual performing work under the award is terminated, resigns, or the period of performance for the contract ends.

H.3 Use and Charges

As authorized by FAR 52.245-9 Use and Charges (APR 2012), the Contractor is authorized to use any government Furnished Equipment/Property provided in the performance of any work awarded under this contract without charge.

H.4 Government-Furnished Information

BIA may provide Government-Furnished Information (GFI) information, materials, and forms unique to BIA to the Contractor to support tasks under the Statement of Work (SOW) included in this contract. Any GFI provided shall remain the property of BIA. All GFI shall be returned to the government within ten (10) days of the end of the contract period of performance or sooner as may be requested by the COR.

GFI may not be distributed beyond the Contractor's project performers without BIA's prior written permission by the COR.

H.5 Key Personnel

All Contractor personnel performing work on-site at BIA under this contract are considered essential and, therefore, are considered key personnel.

The Contractor shall ensure that its staff maintains any required professional certifications, accreditations, and proficiencies relative to their areas of expertise. BIA is not responsible for paying any expenses incurred by the Contractor or by individual Contractor personnel to meet professional certification requirements.

Key personnel may, with the consent of the contracting parties, be changed from time to time during the course of the performance of this contract by adding or deleting personnel, as appropriate, in order to provide sufficient personnel possessing the education, training and experience necessary to perform the services required by this task order.

If one or more of the key personnel, for any reason, becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding thirty (30) work days, or is expected to devote substantially less effort to the work than indicated in the Quote or initially anticipated, the Contractor will promptly notify the Contracting Officer and the COR and will, subject to the concurrence of the Contracting Officer or his authorized representative, promptly replace such personnel with personnel of at least substantially equal ability and qualifications. All Contractor personnel will be required to receive approval from the COR through resume submission. BIA reserves the right to accept or reject any or all of the candidates.

Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel until the Contractor provides the Contracting Officer with advance notice of the proposed change and the Contracting Officer determines there is no negative impact by the proposed change.

H.6 Unforeseen Closures, Work Stoppage and Government Closures

Uncontrollable or unforeseeable circumstances such as, acts of God or the public enemy, acts of the Government in its sovereign or contractual capacity, fire, floods, epidemics, quarantine restrictions, inclement weather or special Federal or ceremonial events, may cause the Government to close. Under such circumstances, the Government will not pay for unworked hours.

H.7 Confidentiality of Reports and Other Data

Neither the Contractor, nor any affiliate, subsidiary, consultant, subcontractor, nor personnel thereof, shall divulge to any third party any information concerning deliverables produced, work performed, results obtained, or any information provided by the Government in connection with this contract without the prior written approval of the CO.

H.8 Limitation on Contractor's Use of Data

For the purpose of paragraphs (b)(2)(i) and (d) of the FAR 52.227-14 Rights in Data-General clause (included in this contract), the Contractor shall not use, release to others, reproduce, distribute, or publish any data first produced or specifically used in the performance of this contract for private purposes without the prior, written approval of the CO.

H.9 Review of Announcements or Publishing

Neither the Contractor, nor any affiliate, subsidiary, consultant, subcontractor, nor personnel thereof, shall make public releases of information or any matter pertaining to this contract, including, but not limited to, advertising in any medium, or presentation before technical, scientific, or industry groups, without the prior written approval of the CO. The provisions of this clause shall survive the expiration of this contract.

H.10 Organizational Conflict of Interest

The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.

The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor make will a full disclosure in writing to the Contracting Officer with one business day. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, or otherwise violates any provision of the terms of this contract, the government may terminate the contract for cause, debar the Contractor for government contracting, or pursue such other remedies as may be permitted by law.

H.11 Confidentiality and Non-Disclosure Agreement

All Contractor personnel (to include subcontractor personnel, teaming partner personnel, and independent consultants) who will be personally and substantially involved in the performance of this contract which requires the Contractor to act on behalf of, or provide advice with respect to any phase of an agency procurement, shall execute and submit a Confidentiality and Non-Disclosure Agreement. All Contractor personnel must submit a completed Confidentiality and Non-Disclosure Agreement prior to the commencement of any work on this contract. Furthermore, Contractor personnel must submit a completed Confidentiality and Non-Disclosure Agreement whenever replacement personnel are proposed. Any information provided by the Contractor (and any subcontractors if applicable) in the performance of this contract or obtained by the government is only to be used in the performance any work under this contract. This form will be provided to the contractor after award.

H.12 Contractor Personnel Conduct

Contractor's employees shall comply with all applicable government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, "off limits" areas, and possession of weapons) when visiting or working at government facilities.

Contractor personnel shall maintain satisfactory standards of employee competency, conduct, appearance, and integrity, as described and shall take such disciplinary action against its employee as may be necessary. All Contractors are expected to adhere to standards of conduct that reflect credit on themselves, their employee, BIA and the Government.

The Contractor shall ensure Contractor employees understand and abide by BIA established rules, regulations and policies concerning safety and security.

Contractor personnel working on-site at Government facilities shall wear a Government issued identification badge. All Contractor personnel shall identify themselves as contractors when their status is not readily apparent.

Contractor personnel performing work on-site at any BIA location shall not consume any Controlled substances as defined in schedules I through V of section 202 of the Controlled Substances Act, 21, U.S.C. 812. If on medication, the Contractor personnel shall be fully capable of performing the requirements of the statement of work.

The Government may, at its sole discretion, direct the contractor to remove any contractor personnel from BIA facilities for poor performance, misconduct, or security reasons.

Contractor employees/personnel are defined as being anyone or agent working for the Contractor, whether as an employee, independent contractor, or subcontractor, in the performance of the work included in this contract.

H.13 Data Safeguard and Disposal

The Contractor shall safely store and protect from unauthorized disclosure and destruction, either direct or as a result of negligence, data collected during the duration of the contract. Within five days after completion of the contract period of performance, the Contractor shall purge all PII or sensitive data provided to the Contractor, including any backed-up data and any other PII or sensitive data held by the Contractor pursuant to this contract. The Contractor shall certify in writing the date information was deleted and method used for deletion. All PII or sensitive will be maintained, handled, disclosed, and disposed of in accordance with the Privacy Act of 1974, 5 U.S.C. 552a and Public Law 107-347 titled E- Government Act of 2002.

The Contractor will guarantee strict confidentiality of the information/data that is provided by the government during the performance of this contract. The government has determined that the information/data that the Contractor will be provided during the performance of this effort is of a sensitive nature and cannot be disclosed in any manner.

The Contractor, in whole or in part, can only make disclosure of the information/data, after the Contractor receives prior written approval from the CO. Whenever the Contractor is uncertain with regard to the proper handling of information/data under this effort, the Contractor will obtain a written determination from the CO. Contractor personnel assigned to perform work must be acceptable to the government in terms of personal and professional conduct. If at any time during performance of this contract, Contractor personnel are deemed a security risk, the Contractor will be responsible for immediate removal and replacement with acceptable personnel. Upon removal or completion, the Contractor will immediately return any facility access materials / passes to the COR.

The Contractor agrees to assume responsibility for protecting the confidentiality of government records, which are not public information. Each Contractor, employee of the Contractor, or Contractor's subcontractor or partner to whom information may be made available or disclosed will be notified in writing by the Contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

The Contractor will keep the information confidential, use appropriate safeguards to maintain its security in accordance with minimum Federal standards. The Contractor must also explain and certify that its subcontractor(s) or partners will adhere to the same minimum Federal standards when working with sensitive data.

H.14 Teaming Partners and Subcontractors

The Contractor shall obtain approval from the CO before adding teaming partners or subcontractors. All teaming partners and subcontractors must be identified before performing any work under this contract. When submitting the request to add teaming partners or subcontractors, the Contractor shall include the rationale for the addition, and a description of any cost implications. The CO has the ultimate authority to approve or reject the proposed teaming partner or subcontractor. All teaming partners or subcontractors are subject to the security requirements outlined in this contract.

H.14 Non-Personal Services

Pursuant to FAR 37.1, no personal services shall be performed under this contract. No Contractor employees will be directly supervised by the government. If the Contractor believes any government action or communication has been given that would create a personal services relationship between the government and any Contractor employee, the Contractor shall promptly notify the CO of this communication or action.

Pursuant to FAR 7.5, the Contractor shall not perform any inherently governmental actions under this contract. No Contractor employee shall hold him or herself out to be a government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work.

(END OF SECTION H)

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)

FAR Clause 52.204-13 System for Award Management Maintenance. (OCT 2013) FAR Clause 52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020) FAR Clause 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020) FAR Clause 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) FAR Clause 52.212-4 Contract Terms and Conditions - Commercial Items. (NOV 2023) FAR Clause 52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021) FAR Clause 52.228-5 Insurance—Work on a Government Installation (JAN 1997) FAR Clause 52.232-18 Availability of Funds. (APR 1984) FAR Clause 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) FAR Clause 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (MAR 2023) FAR Clause 52.233-1 Disputes. (MAY 2014)

I.3 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (NOV 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

http://www.acquisition.gov/far/ http://www.acquisition.gov/far/ https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_233_3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 https://www.acquisition.gov/far/part-52#FAR_52_203_6 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_203_13

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub.

L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title

II).

__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204-30.

X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved] X (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2023) of 52.219-9.

__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

X_ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

X_ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business…