Sol_140A1621Q0062.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040529851

BIA CENTRAL 00016

12220 Sunrise Valley Drive

Contracting Office Reston VA 20191

A16 lorna.craig@bia.gov

Lorna Craig 3609914051

105/05/2021

140A1621Q0062

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

PROJECT: Replace old generator with new generator at the Warm Springs Detention

Center furnishing all equipment, generator, supplies, labor, and supervision.

LOCATION: 2144 Kota Street, Warm Springs, Oregon 97761 located within the

Confederated Tribes of Warm Springs Reservation in Jefferson County.

MAGNITUDE: This requirement is expected to be between $25,000 and $100,000.

SET ASIDE: This is 100% set aside for small business.

WAGE DETERMINATION: Davis Bacon Wage Determination OR2020049 applies to labor on this requirement.

A payment bond or irrevocable letter of credit is required on construction acquisitions exceeding $35,000 but not exceeding $150,000 prior to Notice to Proceed.

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

5 30 calendar days and complete it within ________________ ________________ calendar days after receiving

06/02/2021

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

DOI, BIA CENTRAL

Contracting Office

12220 Sunrise Valley Drive Reston VA 20191

A16

John Fife

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 71

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A1621Q0062

Delivery: 30 Days After Notice to Proceed

Delivery Location Code: 0009061764

BIA (P09) WARM SPRINGS AGY

1233 Veterans Street

WARM SPRINGS OR 97761-1239 US

00010 CTWS Generator 1 EA

Product/Service Code: 6115

Product/Service Description: GENERATORS AND

GENERATOR SETS, ELECTRICAL

Period of Performance: 06/15/2021 to 07/15/2021

00020 CTWS Generator Replacement 1 JB

Product/Service Code: N099

Product/Service Description: INSTALLATION OF

EQUIPMENT- MISCELLANEOUS

Period of Performance: 06/15/2021 to 07/15/2021

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

Sponsored by GSA

FAR (48 CFR) 53.110

Continuation 140A1621Q0062 Page 4 of 71

B.1 SCHEDULE OF ITEMS

OFFEROR’s SCHEDULE

The Offeror must be submitted a complete breakdown of your total price please include the Unit Price Schedule (included but not limited to all supplies, materials, and transportation of materials needed to complete each job). Award will be made as one line item for the total price.

*If you have a question on the TERO fees call the TERO office listed in the Statement of Work.

B.2. MISCELLANEOUS/MODIFICATIONS WORK: The contractor shall not perform any of contingent sum work, until the Contracting Officer issues a contract modification authorizing performance of work in accordance with FAR Clause 52.243-04, Changes, and FAR Clause 52.243-05, Changes and Changed Conditions; and subject to availability of funds, FAR Clause 52.232-18, Availability of Funds.

The Contractor shall promptly notify the Contracting Officer, in writing, of subsurface or any physical conditions from those indicated in this contract or unknown unusual physical conditions at the site before proceeding with the work.

The change orders request shall be forwarded to the Contracting Officer by memorandum outlining the need and a justification for the change order. Upon receipt of a change order request, the Contracting Officer will request a cost Quote from the Contractor. All cost Quotes shall be in detail and itemized, showing price breakdown in sufficient detail to permit an analysis of cost for material, labor, equipment, hours, bonds, overhead costs (including profit, insurance, taxes and profit), and complete description of work involved in the change order, including any time extension.

END OF SECTION B – PRICE SCHEDULE

ITEM# SUPPLIES/SERVICES QTY UNIT PRICE

REMOVE OLD GENERATOR AND INSTALL NEW

GENERATOR INCLUDING LABOR, SUPERVISION,

MATERIALS AND SUPPLIES

1 Job

0002 COST OF GENERATOR AND PERIPHERALS AS

REQUIRED 1 EA

0003 PERMIT AND TAXES 1 EA

0004 PROFIT AND OVERHEAD 1 EA

0005 CLEAN UP 1 Job

0006 *TERO FEES 1 EA

0007 PAYMENT BOND IF IN EXCESS OF $35,000. 1 EA

TOTAL

PRICE: $

Continuation 140A1621Q0062 Page 5 of 71

SECTION C - STATEMENT OF WORK

WARM SPRINGS DETENTION CENTER

BLDG 1030 EMERGENCY GENERATOR REPLACEMENT

1. General:

The Bureau of Indian Affairs (BIA) requires services for emergency power systems replacement at the Warm Springs Detention Center, Building 1030. Contractor shall provide all labor, supplies, materials, tools, equipment, and supervision necessary to replace existing generator.

2. Project Scope:

Removal of existing non-operational CUMMINS generator, (60 KW, 75 KVA, 1800 rpm, 3-phase, 60Hz. Model# 6B5.9, Serial# 44123045), replacement with a generator of comparable durability and electrical capacity, and circuit integration into the existing site emergency power backup system. The project shall be completed with additional site modifications and in accordance with specific equipment specifications outlined in the statement of work.

3. Project Location:

The Warm Springs Detention Center is located within the Confederated Tribes of the Warm Springs Reservation of Oregon (CTWS) at 2144 Kota Street, Warm Springs, Oregon 97761 (N 44.762639, W 121.266629), Jefferson County, Oregon.

Contacts:

Local project contact: Timothy Myers, timothy.myers@bia.gov, (541) 777-2150

Contract Specialist. Lorna Craig, Contractor lorna.craig@bia.gov (360) 991-4051

Contracting Officer: John Fife, john.fife@bia.gov (618) 606-1813

Contracting Officer’s Representative will be Dory Roanhorse, dory.roanhorse@bia.gov (503) 231-6796

Period of Performance: 30 Days from Notice to Proceed

Site Visit: A site visit will be held at the Warm Springs Detention Center on May 20, 2021 at 1:00 pm, Pacific Time. Contact Timothy Myers.

Questions must be to Lorna Craig, lorna.craig@bia.gov, Contract Specialist, no later that 4:00 pm (1600 Pacific Time) on May 24, 2021. All questions shall be by email, telephone questions will not be addressed.

Quotes are due by 1600 Pacific Time on June 2, 2021.

4. Project Area:

The existing generator to be replaced is located on an approximate 300 SF concrete pad within a chain-link fenced enclosure southwest, adjacent to the exterior of the totaling approximately 16,568 SF Building 1030 (see Attachment 1)

5. Definitions:

Definitions used in this Statement of Work are as follows:

“CTWS” - Confederated Tribes of the Warm Springs Reservation of Oregon "CO" - Contracting Officer.

mailto:timothy.myers@bia.gov mailto:lorna.craig@bia.gov mailto:john.fife@bia.gov mailto:dory.roanhorse@bia.gov mailto:lorna.craig@bia.gov

Continuation 140A1621Q0062 Page 6 of 71

"COR" - Contracting Officer's Representative.

"Contractor" - the Construction Contractor.

"DSRM" - Division of Safety and Risk Management "BIA" - the Bureau of Indian Affairs (BIA) "DFMC" - Division of Facilities Management and Construction.

"DSRM" - Division of Safety & Risk Management “OFM&C” - Office of Facilities Management and Construction

6. Period of Performance:

Performance period for total contract completion is 30 (thirty) calendar days from issuance of Notice to Proceed and may be revised as deemed necessary by the Contracting Officer. Contractor hours of operation at the site shall commence no earlier than 8:00 a.m. (PST) and continue no later than 5:00 p.m. unless otherwise coordinated with Detention Center Staff and approved by contract CO.

Monday through Friday (excluding federally recognized holidays) or as agreed upon between the Contractor and the Contracting Officer Representative (COR). All work shall be coordinated through the COR including work that may need to be scheduled after hours and weekends.

7. SCOPE OF WORK:

GENERAL

a.Pre-Bid Meeting: Contractor is highly encouraged to attend a pre-offer site visit at the Detention Center in Warm Springs, OR.

b. Pre-Construction Meeting: Contractor shall attend a pre-construction meeting at the CTWS Detention Center. The CO or COR shall notify contractor of date and time of Pre-Construction meeting. The Pre-Construction meeting date is dependent on award date and issuance of notice to proceed. Representatives of the contractor shall meet the COR and site facility staff at the location prior to the start of construction to review the safety program and discuss the implementation of health and safety provisions pertinent to the work under contract. The contractor shall submit a construction schedule. A staging area shall be designated with approval by the Detention Center Staff. Contractor shall perform work without disrupting the day-to-day activities of the Detention Center.

c. Construction Requirements: The Contractor shall provide the full range of construction associated with the replacement of Building 1030’s Emergency Generator in accordance with the BIA-approved construction documents and shall conform to the BIA adopted codes and standards which are a part of the construction contract.

d. Codes and Standards: The construction documents shall comply with current laws, codes, and guidelines adopted by the BIA’s Division of Safety and Risk Management which is the Authority Having Jurisdiction. Contractor will follow all requirements in the BIA, OFM&C Justice/Detention Facilities Design Handbook. The contractor should note that the NFPA 5000 Building and Safety Code applies to this project.

e. Work Statement: Contractor shall conduct an on-site investigation to evaluate building conditions, for base bid Building 1030 Emergency Generator Replacement.

f. Construction: Construction shall be completed in accordance with BIA-approved Documents; and shall commence on Notice to Proceed issued by the Contracting Officer.

Continuation 140A1621Q0062 Page 7 of 71

g. Information gathering: Contractor shall evaluate all available documentation on the existing buildings, elect rical systems, and existing emergency backup systems including generators, battery backups, etc.

h. Field verification: Contractor shall visit the site and verify the information gathered from plan documents. Contractor shall make note of the as-built conditions, especially where deviations from the documents exist.

8. Emergency Generator Replacement:

a. Background: An existing emergency electrical generator is located adjacent to Building 1030.

This generator is defunct and not currently in use. The services consist of, but are not limited to, removal of existing non-operational diesel fueled generator, with associated components (see Figure

1) and replacing with a comparable pad mount generator with similar capacity. Existing emergency generator is 3-phase, 120/208 Volt power to electrical panel. The contractor shall perform an onsite visit to complete a proposal so that all work requested is notated and existing conditions of the site are calculated in the final proposal. The existing generator supplies power to emergency panel boards located in the Mechanical Equipment area downstairs in Building 1030.

b. Schedule: Due to the failure of the existing emergency system completion of the system design in a timely manner is critical. Due to the time-sensitive nature of this task, offerors are encouraged to propose alternate methods of delivering the required scope in such as fashion as to reduce time required for design services while maintaining quality of documentation.

c. Contractor shall perform an overall onsite assessment of existing conditions at the project site to ascertain project scope understanding. Existing equipment are as follows:

Existing non-operational generator is a CUMMINS 60 KW, 75 KVA, 1800 rpm, 3-phase, 60Hz. Model# 6B5.9, Serial# 44123045.

Automatic Transfer Switch is a Westinghouse 225 amp ATSBP 30225BS.

d. Contractor shall provide labor and materials to remove existing non-operational generator from concrete pad and associated components (i.e. exhaust piping, all associated electrical wiring).

e. Contractor to provide sketch of proposed routing and location of conduit, boxes, etc.

f. Contractor to provide shop drawings/cut sheets of major systems/parts for review and approval prior to installation.

g. Contractor will coordinate a start-up and commissioning with manufacturer and provide training to the Detention Center staff along with all documentation of the new Emergency Generator back-up system.

9. Generator Demolition criteria:

a. Remove welded exhaust piping and all supporting structure completely.

b. Contractor shall dispose of demolished materials into an approved container and transported to an approved disposal center off the Reservation that accepts ‘E-waste’ electrical components (e.g. containing lead or mercury that are considered to be hazardous). Contractor to submit

Continuation 140A1621Q0062 Page 8 of 71 manifest of disposal to owner (BIA/COR/CO) for environmental documentation purposes.

c. Contractor shall use the existing generator slab/pad for placement of new generator comparable to existing generator for designed placement. Contractor shall assess integrity of concrete pad and verify feasibility prior to generator placement. If pad appears unsuitable for placement contractor shall document findings and formally notify CO prior to placement.

d. Contractor shall provide a new generator set, skid mount for concrete slab/pad installation, and anchoring. Generator set specifications shall be comparable to or similar to CUMMINS 60 KW, 75 KVA, 1800 rpm, 3-phase, 60Hz, Model# 6B5.9, Serial# 44123045 Generator set.

e. New Generator wiring shall be sized to match requirements and specifications.

f. The generator shall be housed in a standard weather enclosure with industrial (exhaust muffler/insulation panels) silencer.

g. The contractor shall provide a crane to install the new generator, if required, in order to lift the new unit over the 7' tall chain-link fence.

h. Contractor to design and build with all labor and materials for electrical connection of new generator replacement to new Automatic Transfer Switch.

i. Contractor shall provide and install a new Automatic Transfer Switch compatible with new Generator and existing building electrical wiring and panel.

j. Contractor shall ensure all electrical connections shall be of the hard-wired type with UL Listed parts, materials and components.

k. Contractor shall provide new Automatic Transfer Switch and install in line of transfer control circuitry a selector switch to mimic a power loss for monthly and annual testing of Automatic Transfer Switch operation on electrical load.

10. Design Requirements:

a. All work shall be in compliance with Bureau of Indian Affairs requirements.

b. All work shall comply with the most current editions of the following codes, standards, and guidelines:

NFPA 5000 Building Construction and Safety Code National Electric Code Uniform Plumbing and Mechanical Code ASHRAE Standards, Handbooks, Journals and Publications 2010 Standards for Accessible Design

OSHA

EPA

Green Procurement Requirements, BIA, OFM&C Justice/Detention Facilities Design Handbook BIA Division of Safety and Risk Management: Safety, Health and Accessibility Design

Guidelines for Architects, Engineers and Design Firms BIA environmental Policy (59 1AM Chapter 2.1.3 Policy), (As Applicable)

Continuation 140A1621Q0062 Page 9 of 71

Local Utilities, (Water, Sewer, Electric, Gas) All other adopted codes and standards during the work processes.

c. Contractor shall identify any NEPA required clearances.

d. The government will be provided three (3) calendar days to review every submittal.

11. SUBMITIALS - CONTRACT ADMINISTRATION

a. Submittal Format:

1. Specifications, cost estimates, and similar documents shall be in 8.5"x11" booklet format.

2. All submittals shall be accompanied by a digital copy in PDF format.

3. Drawing submittals shall be accompanied by a digital copy in AutoCAD format (2010 or earlier)

4. Digital files shall be delivered by USB flash drive, or similar physical media.

5. Hard-copy deliverables: For each submittal, provide two (2) set of drawings (full size), specifications, and accompanying documents.

6. Deliver all Submittals to COR or CO.

12. PERFORMANCE TIME:

a. Performance time for this work shall be no more than 30 days.

13. CONSTRUCTION DELIVERABLES:

a. Submit one copy of the following to the COR as indicated or as directed by the CO below (also in accordance to specifications in deliverable sections):

1. Shop drawings, test certificates, material samples or other submittals required under the construction subcontract.

2. Daily Construction Reports, Monthly Progress Report, Interim and Final Inspection Reports.

3. As-Built drawings on editable AutoCAD sent to COR for final As-Built submission.

4. Warranties required under the construction contract.

5. Release of Claims with Release of Claims from Contractor.

6. All final cost data required to capitalize the project.

Submit one copy each of the above items to the address indicated below or as directed by the CO.

Retain one copy of the above on the project site until completion of construction. Distribute these copies as directed by the COR to:

Contracting Officer's Representative (COR): Dory Roanhorse (503) 231-6796

Point of Contact: Timothy Myers (541) 777-2150

b. Supervise the performance of subcontractors on site, ensuring that work is performed in a safe manner and in accordance with contract specifications.

c. During the construction period the Contractor shall have limited use of the premises for construction operations including use of the site. The Contractor's use of the premises is limited by the approved staging areas allowing the contractor access for the performance of the work.

Construction personnel will park vehicles only in designated areas, as authorized by the Contracting Officer in coordination with the COR and Detention Center staff.

d. Confine operations to areas within Contract limits indicated Portions of the site beyond areas in which construction operations are indicated not to be disturbed.

Continuation 140A1621Q0062 Page 10 of 71

e. Keep driveways and entrances serving the premises clear and available to traffic at all times.

Keep Entry/Exit Doors of the Facility unobstructed at all times.

f. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on site.

g. Dispose of Waste Materials in legal sites: Disposal of waste materials will not be allowed on site.

NOTE: Copies of all hazardous and non-hazardous waste manifest /records will be submitted to COR for EPA yearly reporting.

h. Contractor shall provide portable toilets for their employees.

i. The contractor shall make all proper arrangements to minimize or eliminate required power shutdowns for the convenience of the users at the Detention Center.

14. TRIBAL EMPLOYMENT RIGHTS OFFICE (TERO). Tribal Employment Rights Office (TERO) ordinances require that all construction contractors give preference to qualified Native Americans in aspects of employment, training, promotion, contracting, subcontracting and other business activities for contracts performed on Native American Reservations. TERO fees must also be included within the bid package. For this contract, the TERO point of contact is shown below.

CTWS - Tribal Employment Rights Office P.O. Box 515 Warm Springs, OR 97761

Attn:

Wendell Jim, TERO Manager/Training; (541) 419-5715

15. Warranty of Construction (FAR 52.246-21): The Contractor warrants 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. 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. 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 the Contractor's failure to conform to contract requirements; or any defect of equipment, material, workmanship, or design furnished. 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 shall run for 1 year from the date of repair or replacement. The CO shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. 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. 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 obtain all warranties that would be given in normal commercial practice; require all warranties to be executed, in writing, for the benefit of the Government, if directed by the CO; and enforce all warranties for the benefit of the Government, if directed by the CO.

16. Warranty of Equipment: A two (2) year warranty on all equipment shall be included and will be approved by CO and implemented on start date coordinated by COR with manufacturer and

Continuation 140A1621Q0062 Page 11 of 71 contractor. Warranty shall be comparable to manufacturer supplied warranty or extended warranty.

17. Invoice Submission: Payment shall be made via the Governments' Invoice Processing Platform (IPP) System. COR will review invoice for accuracy and make a recommendation for payment. Submit courtesy invoice to the address listed below or send via e-mail. Improperly prepared invoices shall be returned to the Contractor resulting in delayed payment.

a. As a minimum, a properly prepared invoice shall include:

Invoice date and number Purchase Order Number, Line item number Contractor name, address, telephone number Contractor's tax identification number (TIN) Description of services rendered Unit of Measure, Unit price, and extended tot al Name, title, and phone number of person to notify in event of defective invoice

18. TRAVEL AUTHORIZATION: The contractor shall include all travel costs associated with providing the required services including travel to the contractor's site offices, in accordance to specifications.

20. FINAL WALK-THROUGH MEETING Contractor shall schedule a final walkthrough when the project is completed. This meeting shall include the COR, POC, and all stakeholders (departments or programs that are utilizing the space or using the equipment).

21. WORK RESPONSIBILITY. The Contractor shall furnish all materials, equipment and personnel necessary to manage and accomplish the work. The Contractor shall provide sufficient technical support and project management to assure quality, accuracy of estimates, accommodate a number of concurrent “active” projects, provide flexibility of design staff and subcontractor pool to handle rapid increases in work volume, perform according to schedule (including completion on time), and process submittals and payrolls in a timely manner. Additionally, the Government will rely on the Contractor’s expertise in recognizing and addressing problematic issues and successful execution of each construction contract. It is the Government’s clear expectation that projects executed against this contract shall exhibit superior quality, responsiveness, and customer service.

22. CONTRACTOR SUPERVISION REQUIREMENTS. The Contractor shall provide all supervision for work performed by Contractor personnel. The Government will not exercise any supervision or control over Contractor employees or sub-contractors performing work under the contract. The Contractor, in turn, shall be accountable to Government for their employees and sub-contractors. The Contract Manager, or designated representative, shall be responsible for ensuring that required supervision of Contractor and sub-contractor personnel will be provided for all work performed under this contract, at all locations.

23. SAFETY The contractor shall follow the most current version of NFPA 70E under this contract and conform to the safety requirements established by the Occupational Safety and Health Administration (OSHA). The Contractor shall furnish all required personal protective equipment (PPE). The Contractor shall follow Safety Guidelines: BIA Division of Safety and Risk Management: Safety, Health and Accessibility Design Guidelines for Architects, Engineers and Design Firms.

The Contractor shall safeguard and maintain all government property as well as provide for the safety and well-being of personnel employed in the execution of this contract. The contractor shall develop and

Continuation 140A1621Q0062 Page 12 of 71 implement an overall safety program for employees performing work under this contract. Failure to conduct operations under this contract in a manner consistent with the prescribed safety requirements may result in immediate orders to Stop Work until the safety violation is corrected. Costs associated with work stoppages, due to unsafe construction practices by the Contractor or their subcontractors, shall be assumed by the Contractor, at no additional cost to the Government.

24. EMERGENCY PROCEDURES. Contractor employees shall follow the direction of Government employees in regards to emergency procedures; e.g. fire, tornado, active shooter, bomb threats, etc. It is the responsibility of the contractor to provide guidance and establish procedures for responding to an emergency for their employees. It is the Contractor’s responsibility to account for their employees following and emergency evacuation and communicate the results to either the COR or CO. Contractor personnel shall participate with Government personnel in all fire and emergency drills at no additional costs to the Government. Contractor employees shall follow all State, Tribal and local requirements for COVID-19 procedures.

25. CONTRACTOR RESPONSIBILITY. The Contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of work and shall hold the Government harmless for any action of their company, employees or subcontractors, which results in illness, injury, or death. Contractors are required to report timely, any accidents and injuries to the local Detention Center to Lt. Jennie Ferris at 509-258-4681, the COR, and the Contracting Officer.

26. EQUIPMENT. Equipment will be maintained in a safe operating condition and a fire safe condition at all times. Equipment shall be stored in the areas designated by the Government. Contractor shall secure vehicles and mobile equipment when not in use by removing the keys from key operated ignition or by other physical means. The Contractor shall ensure that all personnel engaged in work under this contract are provided and use of personal protective equipment (e.g., ear plugs/muffs, safety glasses, steel-toed boots, hard hats, masks, gloves, safety harnesses, etc.).

27. SAFETY & FIRE PREVENTION TRAINING. All Contractor personnel shall receive a safety and fire prevention briefing prior to conducting any work. The Contractor shall provide the contents of their briefing, their sign in roster, and notify the Government of the time and location of the Safety and Fire Prevention Training before it is conducted so Government personnel may attend, if necessary.

28. WORKSITE. Work sites shall be kept free of debris and materials which could cause injury to employees, detainees or other visitors in the work area. Open excavation and other potential hazards shall be barricaded and/or fenced off to prevent injury and, when deemed advisable by the Government, signs shall be posted to warn of specific hazards.

29. DETENTION FACILITY CONSTRUCTION REQUIRMENTS.

Coordinate all work with the NWRO Facilities Office and the Detention Facility and follow all Bureau of Indian Affairs Office of Justice Services Division of Operations Corrections Handbook, 1st edition 2012.

If the Detention Facility is occupied, the Contractor shall:

a. Have no interaction with Detainees.

b. Adhere to all security requirements of the Facility.

c. Restrict operations to the area allowed by the Detention Facility Staff.

Continuation 140A1621Q0062 Page 13 of 71

30. PERMITS, FEES, and LICENSES. All permits, licenses, taxes, payment of fines and penalties for noncompliance, and associated fees shall be the responsibility of the Contractor. Items covered by this requirement include, but are not limited to: Federal/state/city/Tribal/local requirements for licensed or registered contractors to perform, the auxiliary compliance thereof, building permits, dig permits, hot work permits, waste and waste water permits, fire suppression related permits, drainage permits, etc. Contractor shall follow all Tribal Employment Rights Office TERO ordinances and is responsible for any TERO fees associated with this work.

31. WORK SITE MAINTENANCE. All scrap and debris caused by the operations under this contract shall be policed up and removed at the end of each working day and disposed of properly. All non-usable construction debris (wood, concrete, inert building materials, demolition waste, etc.) will be the property of the Contractor and is responsible for the proper disposal off the reservation. The Contractor shall dispose of such debris at a landfill licensed by the applicable State to accept such waste. Disposal of demolition waste shall be in accordance with applicable state regulations. The Contractor shall provide all necessary forms, manifest, and other documentation necessary to ensure construction and demolition waste is disposed of in a landfill that has been permitted by a state regulatory agency to accept such waste. Building(s) affected by work under this contract shall be maintained weatherproof at all times. While a work effort is being put forth, (from the issuance of the contract to final acceptance by the Government), the Contractor shall be responsible for protecting personnel, furnishings, and facilities from damage, theft, vandalism, dust, dirt, etc., resulting from work of each contract. The Contractor shall restore all such damaged items to their original condition at no additional expense to the Government. Excavations that are to be left open over-night shall be barricaded. The Contractor shall store all supplies and equipment IAW fire and safety codes at the location designated by/coordinated with the

COR.

32. DAMAGES. The Contractor shall take all precautions to ensure that no damage will result from any operations to private or public property. All damages resulting from the negligence of the Contractor or any subcontractor(s) shall be repaired or replaced by the Contractor at no cost to the Government.

33. DELIVERY OF MATERIALS. It is the responsibility of the Contractor and their subcontractors to inform vendors and truck drivers of the prime contractor's name, contract number and work site location for each delivery. Contractors will coordinate and provide escorts for suppliers' trucks from the perimeter gates to the job site as required. Delivery of materials and equipment shall be made with a minimum of interference to operations, personnel and detainees.

34. ENVIRONMENTAL PROTECTION. All work shall be performed in accordance with (IAW) all Federal, state, and local laws and regulations.

35. AMERICANS WITH DISABILITIES ACT (ADA). All new construction, major alterations, and improvements shall be in accordance with the Americans with Disabilities Act and Architectural Barriers Act Accessibility Guidelines (ADAABAAG). Additionally, Section 504, Rehabilitation Act of 1973, as amended in 1978, and USCA Title 29 § 794, “Nondiscrimination under Federal Grants and Programs” establish that individuals with disabilities shall not be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

END OF SECTION C – STATEMENT OF WORK

Continuation 140A1621Q0062 Page 14 of 71

SECTION D – PACKAGING AND MARKING

D.1. PACKAGING AND MARKING

A. All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the Government. Preservation, packaging, and packing shall be in accordance with standard practices for commercial packaging.

B. Government personnel are not authorized to accept deliveries for the contractor, nor are they responsible for off-loading shipments. A contractor representative must be present to accept deliveries.

END OF SECTION D – PACKAGING AND MARKING

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 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

Continuation 140A1621Q0062 Page 15 of 71 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. DAILY REPORTING REQUIREMENT

A. The Contractor shall prepare and file a "Contractor's Daily Report", for each day of contract performance. Description must include contract number and work being performed. These reports shall be delivered to, or if directed, mailed to the Contracting Officer’s Representative on Fridays. The daily report shall include the name of Contractors and Subcontractors on-site, the number of workers and their labor categories employed on-site, the work being performed, the type of equipment on-site, any change order work being performed, and whether the work being performed is on schedule. Reports shall be numbered, dated, and signed by the Contractor or his Project Manager. Failure to submit the daily reports could result in payments being withheld until such time as all daily reports are current.

E.3. FINAL INSPECTION

A. Contractor Self-Inspection. Prior to the completion date, the Contractor’s Quality Control Manager shall conduct a self-inspection of the site and document all items needing correction by means of a punch list. The corrected punch list shall be provided to the Contracting Officer’s Representative at the same time the pre-final inspection is requested. All punch list items must be corrected prior to requesting the pre-final inspection.

B. The Contractor and the Contracting Officer’s Representative will jointly conduct a pre-final inspection prior to requesting a final inspection. Any item needing correction shall be noted on the Pre-Final Inspection Punch List. Any discrepancies noted will be corrected prior to any final inspection. The

Continuation 140A1621Q0062 Page 16 of 71

Contracting Officer Representative may schedule more than one pre-final inspection if he determines it necessary.

C. When the Contractor is ready for final inspection, he will request final inspection in writing to the Contracting Officer and Contracting Officer’s Representative (COR). A copy of the Pre-Final Punch List shall be attached to this request with the corrective action taken noted. The final inspection will be requested at least 48 hours before the desired date.

D. The final inspection shall be performed with the Contractor by the COR, Contracting Officer, Safety Officer, and representatives of the using activity. Any discrepancies noted will be corrected within the time specified in the contract for the completion of work.

1. Prior to close-out and final payment of the contract, the following are required:

2. All submittals; to be submitted as required by the contract and may include product submittals, as-built drawings, manuals, etc.

3. All warranties; to be submitted with the request for Final Inspection.

4. Contractor’s Release; to be submitted with the Contractor’s final invoice

END OF SECTION E – INSPECTION AND ACCEPTANCE

SECTION F -- DELIVERIES OR PERFORMANCE

F.1. 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION

OF WORK

APRIL 1984

The Contractor shall be required to (a) commence work under this contract within _5________ 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 ___30 calendar days. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F.2. 52.211-13 TIME EXTENSIONS SEPTEMBER 2000

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

(End of Clause)

F.7. 52.242-14 SUSPENSION OF WORK APRIL 1984

Continuation 140A1621Q0062 Page 17 of 71

(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.

(End of Clause)

F.8. CONTINUITY OF FACILITIES OPERATION

Schedule work to minimize interference with any on-site housing residents and the facilities normal operations. Notify the Contracting Officer and Project Manager 24 hours in advance of any shutdowns.

Perform all on-site work between the hours of 7:00 AM and 5:00 PM, Monday through Friday (Federal Holidays excluded), unless otherwise approved by the Contracting Officer.

(End of Local Clause)

F.9. RECYCLING AND DISPOSAL OF REFUSE

With the exception of materials specifically indicated or specified to be salvaged for reuse in construction, or turned over to the Government, all refuse, excess or waste materials resulting from construction operations shall become the property of the Contractor and shall be recycled and/or disposed of off Government property. All disposal shall be done in accordance with federal, state, and local laws and regulations.

(End of Local Clause)

END OF SECTION F – DELIVERIES OR PERFORMANCE

SECTION G – CONTRACT ADMINISTATION DATA

Continuation 140A1621Q0062 Page 18 of 71

G.1. 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

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

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract.

(2) Waive or agree to modification of the delivery schedule.

(3) Make any final decision on any contract matter subject to the Disputes Clause.

(4) Terminate, for any reason, the Contractor's right to proceed.

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers having 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…