Sol_140A1626R0002.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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

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

SOLICITATION

1. SOLICITATION NO.

5. REQUISITION/PURCHASE REQUEST NO.

CODE

6. PROJECT NO.

8. ADDRESS OFFER TO

4. CONTRACT NO.

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

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.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

NEGOTIATED (RFP) REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF

SEALED BID (IFB) INVITATION FOR BID

9. FOR

INFORMATION CALL

PAGES

140A1626R0002

BIA CENTRAL 00016

12201 Sunrise Valley Drive Contracting Office Mail Stop-244 Reston VA 20192 laurie.sherrod@bia.gov

A16

Laurie Sherrod 571-560-0313

01/15/2026

02/16/2026

10 120

Statement of Work dated 1/7/2026, DOL Wage Determination NM20260025 dated 1/2/2026, Value Engineering

DOI OMB Circular A-131 dated 12/26/2013, DOI Guiding Principles for Sustainable Federal Buildings dated

12/2020, BIA Justice/Detention Facilities Design Handbook dated 6/30/2011, BIA Justice/Detention

Facilities Space Criteria dated 6/30/2011, BIA Justice/Detention Facilities Space Templates dated

6/30/2011.

1 47

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (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.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT

27. PAYMENT WILL BE MADE BY

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

20b. SIGNATURE 20c. OFFER DATE

Continued...

AMENDMENT

NUMBER

DATE.

BIA CENTRAL 00016

12201 Sunrise Valley Drive Contracting Office Mail Stop-244 Reston VA 20192

A16

Laurie Sherrod

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

The purpose of this project is for the design and construction of Facility Improvement &

Repair (FI&R) activities in accordance with the

Statement of Work (SOW) to ensure the Mescalero

Adult Detention Center, which is a 40-bed detention facility, is fully functional.

Mescalero Adult Detention Center serves people of the Mescalero Apache Reservation located in

Mescalero NM and will be constructed by the

Bureau of Indian Affairs (BIA) Office of

Justice Services (OJS) and operated by the

Mescalero Apache Reservation Corrections

Department.

1. Funding: An award will be made under this solicitation, as funds are presently available.

2. Proposal Acceptance Period/Date: The proposal acceptance period shall extend ninety

(90) days past the TORFP closing date.

3. TORFP Deadline: February 16, 2026, at 2:00

P.M. Eastern Time (ET).

4. Questions and Answers: Any questions relating to this solicitation shall be submitted to the Contracting Officer (CO), Laurie Sherrod, at laurie.sherrod@bia.gov no later than January 29, 2026.

5. Pre-proposal Conference/Site Visit: A formal, scheduled site visit, along with a teleconference participation option will be held on Tuesday, January 27, 2026, at 11:00 AM

MT and is highly encouraged to attend. All interested contractors will participate in a conference call with the CO and the technical representative where the solicitation/proposal requirements and technical requirements will be covered, and all contractor questions will be taken. Upon completion of the conference call, those who are in attendance on site will be provided a formal tour of the site with the contracting officer representative (COR).

Contractors interested in attending the onsite tour shall meet at Mescalero Adult Detention

Center, 386 Sawmill Dr., Mescalero, NM 88340.

Continued...

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

All interested contractors shall RSVP to participate in the available site visit NLT

12:00 P.M. ET on Monday, January 26, 2026.

RSVPs will be received at laurie.sherrod@bia.gov. Upon receipt of the

RSVP the calendar invite with a call-in link will be provided.

If no RSVPs are received by 12:00 P.M. ET on

Monday, January 26, 2026, the call will not take place, the onsite tour will not be provided, the formal site visit will be cancelled, and an RFP amendment will be posted confirming cancellation of the site visit.

6. Period of Performance: One Hundred Twenty

(120) Calendar Days.

7. In accordance with FAR Part 36.204

Disclosure of the Magnitude of Construction

Projects estimated price range is between

$500,000 and $800,000

8. Special attention is called to FAR Clause

52.236-7, Permits and Responsibilities and FAR

Clause 52.229-3, Federal, State, and Local

Taxes. Offerors are responsible for contacting the tax authorities and tribe or tribal organization involved with regard to any requirements regarding state taxes, tribal taxes, royalties and/or other applicable tribal laws or ordinances. Any costs associated with this section shall be included in the contractor's firm fixed price proposal. The contractor is responsible for contacting the appropriate TERO office for coordination and approvals. Please refer to Section H and the applicable clauses for additional information about these requirements.

9. Point of Contact: Contracting Officer:

Laurie Sherrod, laurie.sherrod@bia.gov, 571-560-0313

Delivery: 120 Days After Notice to Proceed

Delivery Location Code: 0011284793

BIA SWRO MESCALERO AGENCY

Continued...

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

590 SAGE AVENUE

P.O. BOX 189

MESCALERO NM 88340 US

00010 Provide all labor, materials, and equipment necessary to design and construction the

Mescalero Adult Detention Center Facilities

Improvement & Repair (FI&R) Items in accordance with the Statement of Work (SOW).

Product/Service Code: Z2FF

Product/Service Description: REPAIR OR

ALTERATION

OF PENAL FACILITIES

Bureau of Indian Affairs Mescalero Adult Detention Center

Design Build Construction Facilities Improvement & Repair (FI&R)

SECTION B – PRICE SCHEDULE

B.1. REQUIRED WORK

Provide all labor, equipment, and materials necessary to manage and accomplish the FI&R activities outlined within the Mescalero Adult Detention Center Design Build Construction FI&R Statement of Work (SOW). See the SOW for details.

Period of Performance: 120 Calendar days from the issuance of the Notice to Proceed.

B.2. PROJECT LOCATION:

The Mescalero Adult Detention Center is located at 386 Sawmill Dr., Mescalero, NM 88340 in the Southwest Region on the Mescalero Apache Reservation.

B.3. OFFEROR’S PRICE SCHEDULE

PRICE SCHEDULE

Propose your best price for each element of work below in accordance with the Statement of Work (SOW) and attachments.

CLIN DESCRIPTION UNIT UNIT PRICE TOTAL PRICE

Provide and install guards to prevent detainees from accessing/controlling thermostats in all inmates occupied spaces IAW the SOW.

1 Job $ $_____________

Design, construct, and install millwork in the Processing Room IAW the SOW.

1 Job $____________ $_____________

Provide and install conduit with wire pulls and termination boxes for the inmate communications equipment IAW the SOW.

1 Job $____________ $_____________

Demolition and re-configuration of wing walls in group and individual holding cells 172, 176, 185, and 186 IAW the SOW.

1 Job $____________ $_____________

Subtotal $_____________

General Conditions (Bonding, Ins., other Taxes) $_____________

TERO (if applicable) $_____________

Total Firm Fixed Price $_____________

Insert TOTAL FIRM FIXED PRICE ABOVE on SF-1442 Block 17 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 different 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, 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".

END OF SECTION B – PRICE SCHEDULE

SECTION C – STATEMENT OF WORK

See Attachment 1 for the Statement of Work and Solicitation Section J for list of attachments.

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 paragraph (i) of this section.

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

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

The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

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

(g) If the Contractor does not promptly replace or correct rejected work, the Government may--

(1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction.

However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

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

(End of Clause)

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:

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

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 120 (one hundred twenty) calendar days. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F.2. 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APRIL

(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 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.3. 52.242-14 SUSPENSION OF WORK APRIL

(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.

F.4. 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.5. 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 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 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. CONTRACTING OFFICER'S REPRESENTATIVE

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.3. 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.

G.4. 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. Materials, samples, drawings, etc., shall be submitted on the Government provided form.

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 determined by the agency.

(d) 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 TRIBAL TAXES, REQUIREMENTS AND/OR RESTRICTIONS

(a) Special attention is called to FAR Clause 52.236-7, Permits and Responsibilities and FAR Clause 52.229-3, Federal, State, and Local Taxes. Offerors are responsible for contacting the tax authorities and tribe or tribal organization involved with regard to any requirements regarding state taxes, tribal taxes, royalties and/or other applicable tribal laws or ordinances. Any costs associated with this section shall be included in the contractor’s proposal.

(b) Contractor is responsible for contacting the appropriate TERO office for coordination and approvals.

H.5 VOLATILE ORGANIC COMPOUNDS (VOC) COMPLIANCE PLAN

(a) Contractors 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 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 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 Mescalero Adult Detention Center 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. 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. To this purpose there are five states that are not in compliance with the Act nor have they received an extension to come into compliance with the act. Those states are Illinois, Minnesota, Missouri, New Mexico and Washington State. Anyone under this contract, to include subcontractors, who holds a driver's license from any of these states without approved licenses and require access to a BIA facility will be required to provide identification other than a driver's license to gain access. It is the responsibility of the Contractor to ensure that they are in accordance with the Real ID Act and any other requirements for BIA access. For the states of Washington and Minnesota an enhanced driver's license is acceptable to gain access. Other forms of identification that are acceptable for BIA facility access are included as an attachment to this modification.

Further information on the Real ID Act can be found here: http://www.dhs.gov/real-id-enforcement-brief#

H.11 TEMPORARY FACILITIES

(a) STORAGE: The location for exterior stock piling of materials shall be arranged by the COR and Project Manager. The Contractor shall be responsible for protecting materials stockpiled against weather, damage, theft, and other risks of loss. The BIA assumes no responsibility for material or equipment left in the storage area.

(b) SANITARY FACILITIES: Toilet facilities may be available for Contractor use. The Contractor shall ensure the facilities remain clean. Contractors may be required to provide toilet facilities at some sites.

(c) WATER AND ELECTRICITY: Water and 120V electricity may be available at no cost to the Contractor. Should water and electricity be available, the Contractor will bear connection costs. Cost of these utility connections and disconnections is the responsibility of the Contractor.

H.12 EXISTING UTILITIES

Utility locations when shown are approximate. The contractor shall field verify all utility locations before digging or trenching. This shall include but not be limited to the use of sonic, electronic, or magnetic detection devices, by noting pull box and utility box locations at the surface, and by potholing. Contractor shall be responsible for repairing any utilities damaged during construction at no additional cost to the Government.

H.13. BACKGROUND INVESTIGATION

No background investigation is required in connection with this contract.

END OF SECTION H – SPECIAL CONTRACT REQUIREMENTS

SECTION I – CONTRACT CLAUSES

I.1. Federal Acquisition Regulation (FAR) Clauses/Provisions Incorporated by Reference

FAR 52.203-3 Gratuities (April 1984) FAR 52.203-5 Covenant Against Contingent Fees (May 2014) FAR 52.203-7 Anti-Kickback Procedures (June 2020) FAR 52.203-8 Cancellation, Recission, and Recovery of Funds for Illegal or Improper

Activity (May 2014) FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

(June 2020) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To

Inform Employees of Whistleblower Rights (November 2023) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(June 2020) FAR 52.204-13 System for Award Management Maintenance (October 2018) FAR 52.204-14 Service Contract Reporting Requirements (October 2016)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications

(December 2014) FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (December 2023) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (November 2021) FAR 52.204-27 Prohibition on a ByteDance Covered Application (June 2023) FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (January 2025) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

(November 2015) FAR 52.215-2 Audit and Records-Negotiation (June 2020) FAR 52.215-8 Order of Precedence-Uniform Contract Format (Oct 1997) FAR 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020) FAR 52.219-8 Utilization of Small Business Concerns (Jan 2025) FAR 52.219-14 Limitations on Subcontracting (Oct 2022) FAR 52.222-3 Convict Labor (June 2003) FAR 52.222-4 Contract Work Hours and Safety Standards-Overtime Compensation

(May 2018) FAR 52.222-6 Construction Wage Rate Requirements (August 2018) FAR 52.222-7 Withholding of Funds (May 2014) FAR 52.222-8 Payrolls and Basic Records (July 2021) FAR 52.222-9 Apprentices and Trainees (July 2005) (DEVIATION FEB 2025) FAR 52.222-10 Compliance with Copeland Act Requirements (February 1988) FAR 52.222-11 Subcontracts (Labor Standards) (May 2014) FAR 52.222-12 Contract Termination-Debarment (May 2014) FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related

Regulations (May 2014) FAR 52.222-14 Disputes Concerning Labor Standards (February 1988) FAR 52.222-15 Certification of Eligibility (May 2014) FAR 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment (Jun 2020) FAR 52.222-37 Employment Reports on Veterans (June 2020) FAR 52.222-40 Notification of Employee Rights under the National Labor Relations

Act (December 2010) FAR 52.222-50 Combating Trafficking in Persons (November 2021) FAR 52.222-54 Employment Eligibility Verification (November 2021) FAR 52.222-55 Minimum Wages Under Executive Order 13658 (November 2020) FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (January 2017) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) Alternate II (May 2024) FAR 52.225-9 Buy American-Construction Materials (Oct 2022) FAR 52.225-13 Restrictions on Certain Foreign Purchases (February 2021) FAR 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic

Enterprises (June 2000) FAR 52.226-7 Drug-Free Workplace (May 2024) FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

(May 2024) FAR 52.227-1 Authorization and Consent (Jun 2020) FAR 52.227-4 Patent Indemnity-Construction Contracts (Dec 2007) FAR 52.227-11 Patent Rights-Ownership by the Contractor (May 2014) FAR 52.228-2 Additional Bond Security (Oct 1997) FAR 52.228-5 Insurance-Work on a Government Installation (January 1997) FAR 52.228-11 Individual Surety—Pledge of Assets (February 2021) FAR 52.228-12 Prospective Subcontractor Requests for Bonds (Dec 2022) FAR 52.228-14 Irrevocable Letter of Credit (November 2014) FAR 52.228-15 Performance and Payment Bonds-Construction (June 2020) FAR 52.229-3 Federal, State, and Local Taxes (February 2013) FAR 52.229-11 Tax on Certain Foreign Procurements at Notice and Representation

(June 2020) FAR 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) FAR 52.232-17 Interest (May 2014) FAR 52.232-23 Assignment of Claims (May 2014) FAR 52.232-27 Prompt Payment for Construction Contracts (January 2017) FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management

(October 2018) FAR 52.232-39 Unenforceability of Unauthorized Obligations (June 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Mar 2023) FAR 52.233-1 Disputes (May 2014)

Alternate I (December 1991) FAR 52.233-3 Protest after Award (August 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (October 2004) FAR 52.236-2 Differing Site Conditions (April 1984) FAR 52.236-3 Site Investigation and Conditions Affecting the Work (April 1984) FAR 52.236-5 Material and Workmanship (April 1984) FAR 52.236-6 Superintendence by the Contractor (April 1984) FAR 52.236-7 Permits and Responsibilities (Nov 1991) FAR 52.236-8 Other Contracts (April 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (April 1984) FAR 52.236-10 Operations and Storage Areas (April 1984) FAR 52.236-11 Use and Possession Prior to Completion (April 1984) FAR 52.236-12 Cleaning Up (April 1984) FAR 52.236-13 Accident Prevention (November 1991) FAR 52.236-14 Availability and Use of Utility Services (April 1984) FAR 52.236-17 Layout of Work (April 1984) FAR 52.236-21 Specifications and Drawings for Construction (Feb 1997) Alt. I (Apr

1984) FAR 52.236-26 Preconstruction Conference (Feb 1995) FAR 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) FAR 52.242-13 Bankruptcy (July 1995) FAR 52.243-4 Changes (June 2007) FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services (Oct

2025) FAR 52.246-21 Warranty of Construction (Mar 1994) FAR 52.248-3 Value Engineering-Construction (Oct 2025) FAR 52.249-10 Default (Fixed-Price Construction) (Apr 1984) Alternate I (Apr 1984) FAR 52.253-1 Computer Generated Forms (Jan 1991)

I.2. Federal Acquisition Regulation (FAR) Clauses/Provisions Incorporated by Full Text

FAR 52.252-2 Clauses Incorporated By Reference (February 1998)

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

https://www.acquisition.gov/content/regulations

CLAUSES INCORPORATED BY FULL TEXT

52.204-30, Federal Acquisitoin Supply Chain Security Act Orders – Prohibition (Dec 2023)

(a) Definitions. As used in this clause— Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the…