Sol_140A1124B0006.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 CALL

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

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

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

BIA WRO 00011

2600 N CENTRAL AVENUE

Contracting Office

SUITE 400 MAILROOM

A11

Phoenix AZ 85004

DOI BIA Western Regional Office

Division of Acquisition - Melanie Schiaveto

2600 N Central Ave, 4th Floor Mailroom Phoenix, Arizona 85004

Melanie Schiaveto 602-241-4566 x

08/02/2024

140A1124B0006

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

****This solicitation is following Seal Bid Procedures****

This project is being solicited as a 100% Indian Economic Enterprise (IEE) Set-Aside.

This information is provided for the following project: Detention Facility -

Completion of Pod Interior Finishes

1. A single firm fixed-price purchase order will be made under this solicitation.

The Government reserves the right to cancel this solicitation before the closing date. The bid opening will be held at the address listed in section 8 of the

Standard Form 1442. Sealed Bids will be accepted via overnight delivery services or

USPS as long as the delivery time is prior to the bid opening date and time listed in section 13 of the Standard Form 1442.

2. Proposal acceptance period/date: The proposal acceptance period shall extend sixty (60) days past the solicitation closing date.

3. Solicitation deadline: September 2, 2024, 1500 Pacific Daylight Time.

Continued ...

11. The Contractor shall begin performance within

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.)

10 120 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

09/02/2024

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. 12/2022)

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 THE UNITED STATES CODE AT

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 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

DOI, BIA WRO

Contracting Office

2600 N CENTRAL AVENUE

SUITE 400 MAILROOM

A11

Phoenix AZ 85004

Renee Holly

28. NEGOTIATED AGREEMENT 29. AWARD

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,certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 85

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A1124B0006

4. Questions and Answers: Any questions relating to this solicitation shall be submitted to the following individuals: Contract Specialist (CS) and Contracting Officer (CO) no later than August

20, 2024, at 5:00 PM PT. Any questions sent shall be submitted on the Questions and Answers Log attached to this solicitation.

5. On-site Access: A group site visit is scheduled for August 13, 2024, at 11:00am PT. A list of personnel, with all pertinent information, to include, name, phone number, e-mail, and contractor name, shall be submitted to the CS and is a deliverable under the resulting contract. Site visit: A site visit for this requirement is encouraged to assess and acquaint with existing conditions. The group site visit may be coordinated through Melanie

Schiaveto; melanie.schiaveto@bia.gov. A two-day advance notice will be required when scheduling for the group site visit.

6. Wage Determination: Wages for all contractors and subcontractors must comply with Davis Bacon

Wage Determinations. The current determination is

#AZ20230027; see attachment Wage Determination.

Be advised the determination that is current at the time of the Purchase Order awarded is the determination that will apply for the project.

Current determinations are always available at:

https://sam.gov/.

7. Notice to Proceed (NTP): A NTP will be issued after the kick-off/Pre-construction meeting, Receipt of Bonding and Valid Background Screening.

8. Period of Performance: One hundred twenty

(120) calendar days from the notice to proceed.

9. In accordance with FAR Part 36.204(c)

Disclosure of the Magnitude of Construction

Projects, the estimated price range is between

$100,000 and $250,000.

10. Special attention is called to FAR Clause

52.236-7, Permits and Responsibilities and FAR

Clause 52.229-3, Federal, State, and Local Taxes.

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 85

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A1124B0006

Offerors are responsible for contacting the tax authorities and tribe or tribal organization involved with regard to any requirements regarding state taxes, tribal taxes, Royalities and/or other applicable tribal laws or ordinances. Any costs associated with this section shall be included in the contractor's firm fixed price bid. Contractor is responsible for contacting the appropriate TERO and/or appropriate Tribal Taxation Authority office for coordination and approvals. Please refer to

Section H and the applicable clauses for additional information about the requirements.

11. This project was previously solicited with an ISBEE set aside and the questions and answers developed during that solicitation are attached to this solicitation for clarification

(ATTACHMENTS 5-9).

12. Point of Contact: CS/CO: CS: Melanie

Schiaveto, melanie.schiaveto@bia.gov CO: Renee

Holly, renee.holly@bia.gov.

00010 Pods - Interior Finishes

Product/Service Code: Z2FF

Product/Service Description: REPAIR OR ALTERATION

OF PENAL FACILITIES

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

Sponsored by GSA

FAR (48 CFR) 53.110

TABLE OF CONTENTS

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

SECTION C -- Descriptions and Specifications Specification

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

SECTION F -- Deliveries or Performance F.1 1452.280-3 Indian Economic Enterprise Subcontracting Limitations February 2021 F.2 52.211-10 Commencement, Prosecution, and Completion of Work April 1984 F.3 52.211-13 Time Extensions September 2000 F.4 52.211-18 Variation in Estimated Quantity April 1984 F.5 52.219-14 Limitations on Subcontracting October 2022 F.6 52.222-20 Contracts for Materials, Supplies, Articles and Equipment June 2020 F.7 52.236-1 Performance of Work by the Contractor April 1984 F.8 52.242-14 Suspension of Work April 1984

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

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

SECTION I -- Contract Clauses I.1 1452.203-70 Restrictions on Endorsements—Department of the Interior July 1996 I.2 1452.204-70 Release of Claims--Department of the Interior July 1996 I.3 1452.215-70 Examination of Records by the Department of the Interior April 1984 I.4 1452.224-01 Privacy Act Notification July 1996 I.5 1452.228-70 Liability Insurance July 1996 I.6 1452.236-70 Prohibition Against Use of Lead-based Paint July 1996 I.7 1452.236-71 Additive or Deductive Items—Department of the Interior July 1996 I.8 Reserved I.9 1452.280-3 Indian Economic Enterprise Subcontracting Limitations February 2021 I.10 52.203-3 Gratuities April 1984 I.11 52.203-5 Covenant Against Contingent Fees May 2014 I.12 52.203-7 Anti-Kickback Procedures June 2020 I.13 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity May 2014 I.14 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014 I.15 52.203-12 Limitation on Payments to Influence Certain Federal Transactions June 2020 I.16 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights Nov 2023 I.17 52.204-1 Approval of Contract December 1989 I.18 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards June 2020 I.19 52.204-13 System for Award Management Maintenance October 2018 I.20 52.204-14 Service Contract Reporting Requirements October 2016 I.21 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment November 2021

I.22 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters October 2018

I.23 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations November 2015 I.24 52.211-18 Variation in Estimated Quantity April 1984 I.25 52.214-29 Order Of Precedence--Sealed Bidding January 1986 I.26 52.219-08 Utilization of Small Business Concerns Feb 2024 I.27 52.219-14 Limitations on Subcontracting October 2022 I.28 52.222-01 Notice to the Government of Labor Disputes February 1997 I.29 52.222-03 Convict Labor June 2003 I.30 52.222-04 Contract Work Hours and Safety Standards Act - Overtime Compensation May 2018 I.31 52.222-06 Construction Wage Rate Requirements August 2018 I.32 52.222-07 Withholding of Funds May 2014 I.33 52.222-08 Payrolls and Basic Records July 2021 I.34 52.222-09 Apprentices and Trainees July 2005 I.35 52.222-10 Compliance with Copeland Act Requirements February 1988 I.36 52.222-11 Subcontracts (Labor Standards) May 2014 I.37 52.222-12 Contract Termination-Debarment May 2014 I.38 52.222-13 Compliance with Davis-Bacon and Related Act Regulations May 2014 I.39 52.222-14 Disputes Concerning Labor Standards February 1988 I.40 52.222-15 Certification of Eligibility May 2014 I.41 52.222-21 Prohibition of Segregated Facilities April 2015 I.42 52.222-26 Equal Opportunity September 2016 I.43 52.222-27 Affirmative Action Compliance Requirements for Construction April 2015 I.44 52.222-35 Equal Opportunity for Veterans June 2020 I.45 52.222-36 Equal Opportunity for Workers With Disabilities June 2020 I.46 52.222-37 Employment Reports on Veterans June 2020 I.47 52.222-50 Combating Trafficking in Persons November 2021 I.48 52.222-54 Employment Eligibility Verification May 2022 I.49 52.222-55 Minimum Wages Under Executive Order 13658 January 2022 I.50 52.223-02 Reporting of Biobased Products Under Service and Construction Contracts May 2024 I.51 52.223-05 Pollution Prevention and Right-to-Know Information May 2024 I.52 52.223-06 Drug-Free Workplace May 2001 I.53 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving June 2020 I.54 52.224-01 Privacy Act Notification April 1984 I.55 52.224-02 Privacy Act April 1984 I.56 52.225-09 Buy American Act - Construction Materials October 2022 I.57 52.225-13 Restrictions on Certain Foreign Purchases February 2021 I.58 52.225-21 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Act-Construction Materials January 2021 I.59 52.227-01 Authorization and Consent June 2020 I.60 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises June 2000 I.61 52.228-01 Bid Guarantee September 1996 I.62 52.228-02 Additional Bond Security October 1997 I.63 52.228-05 Insurance - Work on a Government Installation January 1997 I.64 52.228-11 Individual Surety - Pledges of Assets February 2021 I.65 52.228-14 Irrevocable Letter of Credit November 2014 I.66 52.228-15 Performance and Payment Bonds—Construction June 2020 I.67 52.229-03 Federal, State, and Local Taxes February 2013 I.68 52.232-05 Payments under Fixed-Price Construction Contracts May 2014 I.69 52.232-16 Progress Payments Nov 2021 I.70 52.232-17 Interest May 2014 I.71 52.232-18 Availability of Funds April 1984 I.72 52.232-23 Assignment of Claims May 2014 I.73 52.232-27 Prompt Payment for Construction Contracts January 2017 I.74 52.232-33 Payment by Electronic Funds Transfer-System for Award Management October 2018 I.75 52.232-39 Unenforceability of Unauthorized Obligations June 2013 I.76 52.232-40 Providing Accelerated Payments to Small Business Subcontractors March 2023 I.77 52.233-1 Disputes May 2014 I.78 52.233-03 Protest after Award August 1996 I.79 52.233-04 Applicable Law for Breach of Contract Claim October 2004 I.80 52.236-02 Differing Site Conditions April 1984 I.81 52.236-03 Site Investigation and Conditions Affecting the Work April 1984 I.82 52.236-04 Physical Data April 1984 I.83 52.236-05 Material and Workmanship April 1984 I.84 52.236-06 Superintendence by the Contractor April 1984 I.85 52.236-07 Permits and Responsibilities November 1991 I.86 52.236-08 Other Contracts April 1984 I.87 52.236-09 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements April 1984 I.88 52.236-10 Operations and Storage Areas April 1984 I.89 52.236-11 Use and Possession Prior to Completion April 1984

I.90 52.236-12 Cleaning Up April 1984 I.91 52.236-13 Accident Prevention November 1991 I.92 52.236-14 Availability and Use of Utility Services April 1984 I.93 52.236-15 Schedules for Construction Contracts April 1984 I.94 52.236-16 Quantity Surveys April 1984 I.95 52.236-17 Layout of Work April 1984 I.96 52.236-21 Specifications and Drawings for Construction Feb 1997 - Alternate I (April 1984) I.97 52.236-26 Preconstruction Conference February 1995 I.98 52.242-13 Bankruptcy July 1995 I.99 52.243-04 Changes June 2007 I.100 52.243-5 Changes and Changed Conditions April 1984 I.101 52.244-6 Subcontracts for Commercial Products and Commercial Services Feb 2024 I.102 52.248-03 Value Engineering-Construction October 2020 I.103 52.249-02 Termination for Convenience of the Government (Fixed-Price) April 2012 - Alternate I September 1996 I.104 52.249-10 Default (Fixed-Price Construction) April 1984 I.105 52.252-02 Clauses Incorporated By Reference February 1998 I.106 52.252-04 Alterations in Contract April 1984 I.107 52.252-06 Authorized Deviations in Clauses November 2020 I.108 52.253-01 Computer Generated Forms January 1991

SECTION J -- List of Documents, Exhibits and Other Attachments J.1 Specification Construction Details of SCR for Project PIR 2 (4) J.2 Plan Sheets / Drawings J.3 By Reference: Davis Bacon Wage Determination: AZ20240027 7/19/2024 J.4 Standard Forms / website: gsa.gov J.5 DOI Policy – Prohibition on Texting While Driving

SECTION K -- Representations, Certifications and Other Statements of Offerors K.1 1452.280-4 Indian Economic Enterprise Representation February 2021 K.2 1452.280-2 Notice of Indian Economic Enterprise Set-Aside February 2021 K.3 52.203-02 Certificate of Independent Price Determination April 1985 K.4 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions September 2007 K.5 52.204-08 Annual Representations and Certifications May 2024 K.6 52.204-17 Ownership or Control of Offeror August 2020 K.7 52.204-19 Incorporation by Reference of Representations and Certifications December 2014 K.8 52.209-2 Prohibition On Contracting With Inverted Domestic Corporations--Representation November 2015 K.9 52.209-5 Certification Regarding Responsibility Matters August 2020 K.10 52.209-07 Information Regarding Responsibility Matters October 2018 K.11 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

February 2016

K.12 52.219-1 Small Business Program Representations Feb 2024 K.13 52.219-2 Equal Low Bids October 1995 K.14 52.222-22 Previous Contracts and Compliance Reports February 1999 K.15 52.222-38 Compliance with Veterans’ Employment Reporting Requirements February 2016 K.16 52.223-01 Biobased Product Certification May 2024 K.17 52.223-04 Recovered Material Certification May 2008 K.18 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and

Certification June 2020

SECTION L -- Instructions, Conditions and Notices to Bidders L.1 1452.233-02 Service of Protest--Department of the Interior July 1996 L.2 1452.280-02 Notice of Indian Economic Enterprise Set-Aside February 2021 L.3 52.204-07 System for Award Management October 2018 L.4 52.204-16 Commercial and Government Entity Code Reporting August 2020 L.5 52.204-18 Commercial and Government Entity Code Maintenance August 2020 L.6 52.214-03 Amendments to Invitations for Bids December 2016 L.7 52.214-04 False Statement in Bids April 1984 L.8 52.214-05 Submission of Bids December 2016 L.9 52.214-06 Explanation to Prospective Bidders April 1984 L.10 52.214-07 Late Submissions, Modifications, and Withdrawals of Bids November 1999 L.11 52.214-18 Preparation of Bids—Construction April 1984 L.12 52.214-34 Submission of Offers in the English Language April 1991 L.13 52.214-35 Submission of Offers in U.S. Currency April 1991 L.14 52.216-01 Type of Contract April 1984 L.15 52.222-05 Construction Wage Rate Requirements-Secondary Site of the Work May 2014 L.16 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment For Construction February 1999 L.17 52.225-10 Notice of Buy American Requirement--Construction Materials May 2014

L.18 52.232-14 Notice of Availability of Progress Payments Exclusively for Small Business Concerns April 1984 L.19 52.233-2 Service of Protest September 2006 L.20 52.236-27 Site Visit (Construction) February 1995 L.21 52.252-01 Solicitation Provisions Incorporated By Reference February 1998 L.22 52.252-03 Alterations in Solicitation April 1984 L.23 52.252-05 Authorized Deviations In Provisions November 2020

SECTION M -- Evaluation Factors for Award M.1 Evaluation for Award

SECTION B SUPPLIES OR SERICES AND PRICES 140A1124B0006

CONTRACTOR________________________________________ UEI#________________________________

PHONE # ___________________________________ EMAIL ADDRESS____________________________________

The quote amount is to be inclusive of all costs to complete the requirement, including but not limited to, all applicable taxes (Federal, State, Local & Tribal), all labor and supervision, equipment, material & supplies, travel costs, permits, and any other costs pertinent to the performance of this purchase order.

CLIN DESCRIPTION UNIT UNIT PRICE TOTAL PRICE

The Contractor shall furnish all materials, labor, equipment, transportation, and personnel necessary to complete pod repairs at the White Mountain Apache Detention Center in accordance with the attached Statement of Work (SOW).

1 Job $ $

Subtotal $ Taxes (including TERO if applicable) $ Bonding $ Total $

SECTION C DESCRIPTION / SPECIFICATIONS

SEE ATTACHED SPECIFICATION CONSTRUCTION DETAILS OF POD REPAIRS

SECTION E INSPECTION AND ACCEPTANCE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION F DELIVERIES OR PERFORMANCE

F.1 1452.280-3 Indian Economic Enterprise Subcontracting Limitations February 2021

(a) Definitions as used in this clause.

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

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

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

(b) Required Percentages of work by the concern. The contractor must comply with FAR 52.219-14 Limitations on Subcontracting clause in allocating what percentage of work to subcontract. The contractor shall not subcontract work exceeding the subcontract limitations in FAR 52.219-14 to a concern other than a responsible Indian Economic Enterprise.

(c) Any work that an IEE subcontractor does not perform with its own employees shall be considered subcontracted work for the purpose of calculating percentages of subcontract work in accordance with FAR 52.219-14 Limitations on Subcontracting.

(d) Cooperation. The contractor must: (1) Carry out the requirements of this clause to the fullest extent; and (2) Cooperate in any study or survey that the CO, Indian Affairs, or its agents may conduct to verify the contractor's compliance with this clause.

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

F.2 52.211-10 Commencement, Prosecution, and Completion of Work April 1984

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

F.3 52.211-13 Time Extensions September 2000

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

F.4 52.211-18 Variation in Estimated Quantity April 1984

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

F.5 52.219-14 Limitations on Subcontracting October 2022

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

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

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

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

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

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

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—(1) Services (except construction), it will not pay more than 50 https://www.acquisition.gov/far/19.000#FAR_19_000 https://www.acquisition.gov/far/19.000#FAR_19_000 https://www.acquisition.gov/far/subpart-19.8#FAR_Subpart_19_8 https://www.acquisition.gov/far/subpart-19.13#FAR_Subpart_19_13 https://www.acquisition.gov/far/subpart-19.14#FAR_Subpart_19_14 https://www.acquisition.gov/far/subpart-19.15#FAR_Subpart_19_15 https://www.acquisition.gov/far/8.405-5#FAR_8_405_5 https://www.acquisition.gov/far/8.405-5#FAR_8_405_5 https://www.acquisition.gov/far/16.505#FAR_16_505 https://www.acquisition.gov/far/19.504#FAR_19_504 https://www.acquisition.gov/far/subpart-19.8#FAR_Subpart_19_8 https://www.acquisition.gov/far/subpart-19.13#FAR_Subpart_19_13 https://www.acquisition.gov/far/subpart-19.14#FAR_Subpart_19_14 https://www.acquisition.gov/far/subpart-19.15#FAR_Subpart_19_15 https://www.acquisition.gov/far/8.405-5#FAR_8_405_5 https://www.acquisition.gov/far/16.505#FAR_16_505 https://www.acquisition.gov/far/subpart-19.8#FAR_Subpart_19_8 https://www.acquisition.gov/far/subpart-19.13#FAR_Subpart_19_13 https://www.acquisition.gov/far/subpart-19.14#FAR_Subpart_19_14 https://www.acquisition.gov/far/subpart-19.15#FAR_Subpart_19_15 https://www.acquisition.gov/far/19.504#FAR_19_504 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract; (2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract; (3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or (4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

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

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

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

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

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants. (1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions. (2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

F.6 52.222-20 Contracts for Materials, Supplies, Articles and Equipment June 2020

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

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

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

F.7 52.236-1 Performance of Work by the Contractor April 1984

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

F.8 52.242-14 Suspension of Work April 1984

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

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

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

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

SECTION G CONTRACT ADMINISTRATION DATA

G.1 GOVERNMENT ADMINISTRATION PERSONNEL

CONTRACT ADMINISTRATION - BUREAU OF INDIAN AFFAIRS

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

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

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

G.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

Calandra Cook, BIA WRO, Office of Facilities Management and Construction- General Architect BIA, Western Regional Office Division of Facility Management & Construction 2600 N. Central Avenue Phoenix, AZ 85004-3050 E-mail address: calandra.cook@bia.gov / Office Telephone No.: 602.379.6755 ext. 1420

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

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

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

G3. 1452.201-70 Authorities and Delegations September 2011

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

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

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

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

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

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

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

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

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

(IPP).

mailto:calandra.cook@bia.gov

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

The IPP website address is:…