Sol_140A1622R0004.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)

0040555256

BIA CENTRAL 00016

12220 Sunrise Valley Drive

Contracting Office Reston VA 20191

A16

Charles Taylor 0000000000

1x 10/22/2021

140A1622R0004

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

PROJECT: The Division of Water and Power, Branch of Irrigation and Power, Bureau of

Indian Affairs, requires the Contractor to furnish all materials, equipment and personnel necessary to Provide all equipment, labor and materials necessary to replace the mechanical couplings at the priming point for the siphons on the crest of White Clay Dam with field welded 12" x 12" x 4" Reducing HDPE DR11 Tee fittings.

The contractor shall also install five 12" Gate Flanged 150# Rf Cast Steel Valves.

These location of the installation of these valve shall be upstream of the location of the priming points. This works is expected to require removal of the full portions of the intake portions of the siphons, including approximately 50-75 feet of pipe upstream of the priming points. All miscellaneous parts required to allow connection with the Government owned 4¿ priming pump, which uses Cam Lock fittings, is also required. The contractor is required to install the field welded fittings and reinstall the entirety of the siphon lines if moved. Other than the replacement of the fittings, the site shall be left as it was found.

LOCATION: latitude 43° 0'16.52"N, longitude 102°33'55.25"W on the Pine Ridge

Reservation in South Dakota.

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 SD20210001 applies to this

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 30 calendar days and complete it within ________________ ________________ calendar days after receiving

11/22/2021

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

William McLaughlin

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 80

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A1622R0004 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.

METHOD OF EVALUATION AND AWARD: This is a competitive source selection using Lowest Price

Technically Acceptable procedures. Proposals will be evaluated on the basis of the evaluation factors listed below using the Economical Lowest

Price Technically Acceptable method. Reference

Sections L and M for additional information.

Delivery: 01/31/2022

Delivery Location Code: 0009792641

BIA OTS DIVISION OF WATER AND POWER

13922 DENVER WEST PKWY, STE 300

LAKEWOOD CO 80401-3106 US

Period of Performance: 12/10/2021 to 01/10/2022

00010 White Clay Dam Siphon Repair

Product/Service Code: Y1KA

Product/Service Description: CONSTRUCTION OF DAMS

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation 140A1622R0004 Page 4 of 80

SECTION B – PRICE SCHEDULE

B.1. INSTRUCTION TO OFFERORS

A. The offer takes into consideration amendments, and addendums to the plans and specifications, the receipt of which is acknowledged in the space provided on the reverse side of the Solicitation, Offer, and Award, Standard Form 1442.

B. Contract Award: Award will be made against the Department of the Interior, Bureau of Indian Affairs, Office of Acquisitions. Award will be made to the lowest priced offeror, whose proposal is conforming to the requirements herein, will be most advantageous to the Government, and is fair and reasonable.

This will be a Fixed Price Contract. Thus, the Government reserves the right to make award to the lowest price proposal that is in the best interest to the Government.

C. The offerors shall include in the line items: All applicable taxes and each line item. Failure to include these costs in the line item shall be considered non-responsive.

B.2. REQUIRED WORK

The proposed work consists of providing all equipment, labor and materials necessary to replace the mechanical couplings at the priming point for the siphons on the crest of White Clay Dam with field welded 12" x 12" x 4" Reducing HDPE DR11 Tee fittings. The contractor shall also install five 12" Gate Flanged 150# Rf Cast Steel Valves. More information is provided in Section C – Statement of Work.

Period of Performance: 30 Calendar days from the issuance of the Notice to Proceed.

B.3. PROJECT LOCATION:

White Clay Dam is located at latitude 43° 0'16.52"N, longitude 102°33'55.25"W on the Pine Ridge Reservation in South Dakota.

Solicitation 140A1622R0004 Page 5 of 80

B.5. OFFEROR’S SCHEDULE

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 of the job.

B.5. Miscellaneous 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 proposal from the Contractor. All cost proposals shall be in detail and itemized, showing price breakdown in sufficient detail to permit an analysis of cost for material, labor, equipment, hours, taxes, insurance, bonds, overhead costs, profit, and complete description of work involved in the change order, including any time extension.

In an emergency situation, a telephone approval may be granted by the Contracting Officer, and immediately the Contractor shall follow through by submitting a written cost proposal to the Contracting Officer. The Contracting Office will issue a contract modification to authorize the work for the "emergency".

ITEM# SUPPLIES/SERVICES QTY UNIT PRICE

0001 Materials 1 Job

0002 Equipment 1 Job

0003 Labor 1 Job

0004 Per Diem 1 Job

0005 Overhead 1 Job

0006 Profit 1 Job

0007 Performance/Payment Bonds if the proposal exceeds $35,000. 1 Job

0008 TERO fees 1 ea

TOTAL

PRICE:

Solicitation 140A1622R0004 Page 6 of 80

END OF SECTION B – PRICE SCHEDULE

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF WORK

FOR

Pine Ridge Reservation, South Dakota

White Clay Dam Siphon Repair

1.0 LOCATIONS

White Clay Dam is located at latitude 43° 0'16.52"N, longitude 102°33'55.25"W on the Pine Ridge Reservation in South Dakota.

2.0 BACKGROUND

White Clay Dam is approximately 17 miles upstream of Oglala Dam and 1 mile south of the town of Pine Ridge, South Dakota. White Clay Dam is believed to be a homogeneous earthfill embankment. The crest is approximately 1,090 feet long, 15 feet wide, and has an elevation of 3266 feet. The upstream face is protected by a zone of small-diameter angular riprap and the downstream face is covered with native grasses; there is no slope protection on the downstream face. The upstream face of the dam slopes at 3.5H:1V and the downstream face is relatively steep at 2H:1V. Other than what is provided in the 1978 Phase I Inspection Report, there is very limited information available regarding the original design of the dam.

The outlet works consists of a 375-foot-long by 16-inch-diameter asbestos-cement pipe conduit, a trashrack intake structure, an 18-inch-square guard gate at the conduit inlet, and an 18-inch-square regulating gate within the central portion of the embankment. Currently the guard gate is inoperable (locked in the open position); therefore, there is no means to drain the upstream conduit for inspection or for maintenance/repairs (other than by lowering the reservoir).

The service spillway is located at the left abutment and consists of an uncontrolled concrete crest structure approximately 100 feet wide at elevation 3257.0, a 120-foot-long concrete chute, and a concrete stilling basin. The emergency spillway is a 780-foot-wide, unlined channel located at the right end of the dam.

The invert elevation of the emergency spillway is 3260 feet.

Due to noted dam safety concerns related to internal erosion into the outlet works conduit the dam is currently operated through five 12” HDPE siphons. The siphons are approximately 400 feet long and with intakes approximately 30 feet into the reservoir and discharge into the stilling basin. The siphons are

Solicitation 140A1622R0004 Page 7 of 80 primed through the use of 4” priming points at the crest of the dam. Unlike the remainder of the siphon systems, the T fittings for the priming points are mechanical couplings instead of field welded connections. Currently, 4 of the 5 siphons are inoperable due to the inability of the mechanical couplings to maintain an air-tight connection while the HDPE pipes are subjected to thermal forces.

Site inspections prior to the bid date can be performed by the contractor through coordination with the local dam tender. Contact information is below:

Jeff Whalen

Email: jeffrey.whalen@bia.gov

Cell: 605-407-0902

Figure 1: Siphon Priming Points

3.0 PRE-SUBMITTALS

mailto:jeffrey.whalen@bia.gov

Solicitation 140A1622R0004 Page 8 of 80

Schedule-The schedule shall include the mobilization and demobilization dates, major work activities and comply with the schedule requirements below.

4.0 SCHEDULE AND PAYMENT

Contractor shall have sixty (30) days to complete assigned scope of work (from issuance of Notice to Proceed (NTP).

Payment will be considered full compensation for all office and field services as well as all material(s) and expense(s) required to complete the contract.

5.0 NOTIFICATION AND COORDINATION

Will Shuter, P.E.

Construction Specialist, Dam Safety, Security, and Emergency Management

Bureau of Indian Affairs

Division of Water and Power

13922 Denver West Pkwy, Bldg. 54, Suite 300

Lakewood, Colorado, 80401

Phone: 303-231-5242

Cell: 575-770-8457

Email: William.shuter@bia.gov

6.0 SCOPE OF WORK

Scope: Provide all equipment, labor and materials necessary to replace the mechanical couplings at the priming point for the siphons on the crest of White Clay Dam with field welded 12" x 12" x 4" Reducing HDPE DR11 Tee fittings. The contractor shall also install five 12" Gate Flanged 150# Rf Cast Steel Valves. These location of the installation of these valve shall be upstream of the location of the priming points. This works is expected to require removal of the full portions of the intake portions of the siphons, including approximately 50-75 feet of pipe upstream of the priming points. All miscellaneous parts required to allow connection with the Government owned 4” priming pump, which uses Cam Lock fittings, is also required. The contractor is required to install the field welded fittings and reinstall the entirety of the siphon lines if moved. Other than the replacement of the fittings, the site shall be left as it was found.

Tribal Employment Rights Ordinance (TERO) compliance: The contractor is responsible for complying with the requirements of the Pine Ridge Reservation TERO ordinance. Information relating the this requirement can be found at:

Tribal Employment Rights Office (TERO) PO Box 379, Pine Ridge, SD 57770 mailto:William.shuter@bia.gov

Solicitation 140A1622R0004 Page 9 of 80

Ph: (605) 867-5167 cell: (605) 407-2977

Offeror Requirements: Included in the proposal, offers shall be required to demonstrate successful installation of at least 3 HDPE siphon systems for dams located on Indian Reservations. These systems shall be required to be of at least 12” diameters and shall be valued at more than $200,000 individually.

7.0 SAFETY

Contractor shall implement an appropriate safety control program applicable to the work being performed in accordance with Federal and State laws. A Fall Protection Plan shall be instituted if workers are to be performing duties where their feet are greater than six (6’) feet from the ground or finished floor. All personnel on roadway projects shall wear appropriate Personal Protective Equipment (PPE), i.e.: hard hat, safety glasses, steel toed work boots, hearing protection and safety vest. Contractor shall bear sole responsibility of taking all appropriate actions necessary to prevent accidents and injuries to individual’s, both contractor and general public, in and or around the work area.

8.0 GOVERNMENT PROVIDED MATERIALS

None

9.0 SUBMITTALS

Materials-The contract shall submit a full list of materials and equipment required.

10.0 FINAL DELIVERABLES

Completed installation of conduit including all materials, labor and equipment.

END OF SECTION C – STATEMENT OF WORK

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

Solicitation 140A1622R0004 Page 10 of 80

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.

Solicitation 140A1622R0004 Page 11 of 80

(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 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:

Solicitation 140A1622R0004 Page 12 of 80

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 receipt of the award, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 (thirty) calendar days. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F.2. 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION SEPTEMBER 2000

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $100 for each calendar day of delay until the work is completed or accepted.

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

(End of Clause)

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.

(End of Clause)

Solicitation 140A1622R0004 Page 13 of 80

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.

(End of Clause)

F.5. 52.236-01 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 percent (15%) 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.

(End of Clause)

F.6. 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APRIL 1984

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer.

If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or

Solicitation 140A1622R0004 Page 14 of 80 schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

(End of Clause)

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

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

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

(c) A claim under this clause shall not be allowed--

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(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)

Solicitation 140A1622R0004 Page 15 of 80

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

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 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

Solicitation 140A1622R0004 Page 16 of 80 perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

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

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

(End of clause)

G.2. CONTRACT ADMINISTRATION – GOVERNMENT

All administrative questions shall be directed to the below:

Charles R. Taylor, Contract Specialist, Contractor BIA-Central Regional Office - Division of Acquisition Operations 12220 Sunrise Valley Drive Reston, VA 20191 Email: Charlesr.Taylor@bia.gov Office: (865) 765-5248

Will McLaughlin, Contracting Officer BIA-Central Regional Office - Division of Acquisition Operations 12220 Sunrise Valley Drive Reston, VA 20191 Email: William.McLaughlin@bia.gov Office: (850) 281-3444

(End of Local Clause)

G.3. CONTRACT ADMINISTRATION – CONTRACTOR

Designate a person whom the Government may contact during the period of the contract for prompt action on matters pertaining to the administration of the contract. Authorized Administrator is:

Company Name:

Point of Contact:

Email:

Address:

Telephone Number:

(End of Local Clause)

G.4. CONTRACTING OFFICER'S REPRESENTATIVE

mailto:William.McLaughlin@bia.gov

Solicitation 140A1622R0004 Page 17 of 80

A. The Contracting Officer shall designate a Contracting Officer's Representative (COR) who 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.

B. 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.

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

(End of Local Clause)

G.5. INVOICE AND PAYMENT

Electronic Invoicing and Payment Requirements- Invoice Processing Platform (IPP) (April 2013)

Payment requests must be submitted electronically through the U. S. Department of the

Treasury's Invoice Processing Platform System (IPP).

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

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

- A copy of the contractor’s invoice shall be included with the IPP invoice. If no invoice is attached, the Invoice will be rejected.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production

Helpdesk via email ippgroup@bos .frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

G.6.G.1 INSTRUCTIONS FOR SUBMITTING MATERIAL APPROVALS

Submittals must be provided in sufficient time and in such sequence to avoid delays in the work. Test reports and certifications shall be submitted and approved prior to payment for the applicable item.

Solicitation 140A1622R0004 Page 18 of 80

Corrected O&M Manuals must be received by the Government prior to the Final Inspection. Materials, samples, drawings, etc., shall be submitted on the Government provided form.

(End of Local Clause)

END OF SECTION G – CONTRACT ADMINISTATION DATA

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1 WORK OUTSIDE REGULAR WORK HOURS

If the contractor desires to perform work under this contract outside regular work hours or on Saturdays, Sundays or holidays, he shall apply, in writing, to the Contracting Officer no less than 10 calendar days prior to the planned start of such work. Regular work hours are, for the purpose of this clause, those hours the activity or Command where the work is to be performed normally works on a day-by-day basis. Application by the Contractor does not imply consent by the Government. Each application will be considered, and a decision made, on the potential benefit of permitting such work. Approval of a Contractor's application under this clause will be, unless otherwise agreed in writing, at no additional cost to the Government.

H.2 DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT

All designs, drawings, specifications, notes and other works developed in the performance of this contract shall become the sole property of the Government and may be used on any other design or construction without additional compensation to the Contractor. The Government shall be considered the "person for whom the work was prepared" for the purpose of authorship in any copyrightable work under 17 U.S.C. 201(b). With respect thereto, the Contractor agrees not to assert or authorize others to assert any rights nor establish any claim under the design patent or copyright laws.

H.3 REQUIRED INSURANCE

The contractor shall procure and maintain insurance for each task order during the entire period of performance consistent with FAR 52.228-5, DIAR 1452.228-70, and FAR 28.307, which states the following minimum amounts of liability:

(a) Workers’ Compensation and Employer’s Liability. Contractors are required to comply with applicable Federal and State worker’s compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General Liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(c) Property damage liability insurance shall be required only in special circumstances as

Solicitation 140A1622R0004 Page 19 of 80 determined by the agency.

(c) Automobile Liability. The Contracting Officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H.4. COVID-19 GUIDELINES

52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors.

ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS

(OCT 2021) (DEVIATION)

(a) Definition. As used in this clause -

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of clause)

Solicitation 140A1622R0004 Page 20 of 80

H.5 VOLATILE ORGANIC COMPOUNDS (VOC) COMPLIANCE PLAN

(a) Contractor's are required to comply with local VOC laws and regulations and shall have an acceptable VOC compliance plan. The plan shall demonstrate that the use of paints, solvents, adhesives and cleaners comply with local VOC laws and regulations governing VOC materials, and that all required permits have been obtained or will be obtained prior to starting work involving VOC's, in the air quality district in which the work will be performed.

(b) The compliance plan shall be submitted by the Contractor to the Contracting Officer within five

(5) calendar days after receipt of contract, and prior to the use of any "VOC" materials on the project site. The Government will approve or disapprove the Contractor's compliance plan within five calendar days after receipt. Should the Government reject the compliance plan, the Contractor shall resubmit a revised compliance plan within three calendar days after receipt of the rejection notification. Failure on the part of the Contractor to submit an acceptable "VOC" plan, shall not be grounds for a time extension to the performance period.

(c) An acceptable compliance plan shall contain, as a minimum:

(i) A listing of each material subject to restrictions in the air quality management district in question;

(ii) The rule governing its use;

(iii) A description of the actions which the Contractor will use to comply with the laws and regulations, and plans to report to the Contracting Officer any changes in the status of compliance during the life of the contract.

(iv) Alternatively, if no materials are subject to the restrictions in the air quality management district where the work will be performed, or if there are no restrictions, the compliance plan shall so state.

H.6 WAGE RATES

Applicable Construction Wage Rate Requirements are in effect at the time of contract and will apply. Contractors will be provided with the wage determination prior to issuance of a task order for pricing purposes. If crafts or trades are required in the performance of this project for which no wage is listed in the Department of Labor Wage Decision, the Contracting Officer shall be notified in writing.

H.7 CERTIFICATION OF PAYMENTS-RELEASE OF CLAIM

The Contractor, prior to receiving a progress or final payment under this contract, shall submit to the Contracting Officer a certification that the Contractor has made payment from proceeds of prior payments, or that he will make timely payment from the proceeds of the progress or final payment then due him, to his subcontractors and suppliers in accordance with his contractual arrangements.

The Contractor shall submit to the Contracting Officer, together with his request for final payment, a properly executed Contractor's Release form. Failure to submit this completed release shall result in delay of final payment.

H.8 SUBCONTRACT DATA

The Contractor shall submit an executed Statement and Acknowledgment Standard Form 1413, to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower

Solicitation 140A1622R0004 Page 21 of 80 tier) that will be performing work at the construction site. This shall be done before the subcontractor begins work. This form provides an acknowledgment by the subcontractor that mandatory "flow-down" contract clauses have been included in his contract in accordance with FAR Clause 52.222-11. The Prime Contractors will be given copies of Form SF 1413 after award of a contract. Completing this form creates no contractual relationship between subcontractors and the Government.

H.9 CONTRACTOR SECURITY REQUIREMENTS

At the Pre-construction Conference [or prior to beginning work on the contract], the Contractor shall provide a list of all on-site personnel, including sub-contractors (including second and third-tier subcontractors) and suppliers, to the Contracting Officer. The contractor shall update this list when changes occur. Contractor personnel not listed may be denied access to the Coast Guard facility.

Contractor personnel will be restricted to designated working areas. Any personnel violating this policy may lose access to the facility. Contractor personnel shall have photo identification at all times while working on BIA facilities. Contractors shall provide the COR with 24 hours of advance notice of every delivery to the site (e.g., concrete, lumber, etc...) and provide the company name, delivery person, and phone number of the firm(s) making deliveries.

Otherwise access to the BIA facility may be denied. Special security provisions may apply to some task orders. Employees may be required to submit to a background check and be United States citizens.

H.10 REAL ID ACT OF 2005

The Real ID Act of 2005 established minimum security standards for license issuance and production and prohibits Federal agencies from accepting for certain purposes driver's licenses and identification cards from states not meeting the Act's minimum standards.