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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

A23

Albuquerque NM 87104 Suite 352A 1011 Indian School Rd.

Indian Education Acquisition Office

CODE 16. ADMINISTERED BYCODE

X

X

X

238910

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORA23

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/09/2021 1500 ES

04/02/2021

6154033496Karen Cooper (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140A2321Q0215

5. SOLICITATION NUMBER

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

1 54 0040524342OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Multiple Destinations

15. DELIVER TO

Albuquerque NM 87104 Suite 352A 1011 Indian School Rd.

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.50

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Indian Education Acquisition Office

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

THIS ACQUISITION IS FOR 100% NATIVE OWNED SMALL

BUSINESS SET ASIDE UNDER THE BUY INDIAN ACT (25

U.S.C.). The offeror represents as part of its offer that it [ ] does [ ] does not meet the definition of Indian economic enterprise as defined in 14.80.201.

Requirements:

Demolition of Existing Steel Water Storage Tank (18,000 Gallon) - 1 Each John F. Kennedy Day School, Cedar Creek, Arizona

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Raelynn Hermanyhorses

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Task 1 - Contractor Cost

Mobilization/Transportation/Site setup/Offices -

7 EA

Equipment owned/Rental/Scaffold - 60 HR

Material/Supplies - 3 EA

Perdiem - Travel - 8 EA

Personnel - General Laborer - per hour - 64 HR

Task 2 - Pre-work Submlttals

Health & Safety Plan - 4 HR

Work Plan & Schedule/ Fencing/ Traffic Control -

64 HR

Permits - 6 EA

Environmental Documents & Abatement - 2 HR

Task 3 - Demolition

A. Demolition of Tank/Utilities/Disposal:

Removal of Gas/Water Lines - 222 LF

Removal of Sidewalks/ Driveways/Haul Debris -

24 EA

Excavation/Close/Cap Lines/Water Hauling - 3 EA

B. Prepare Final Report with Attachments - 4 HR

C. Basic Total Cost

D. Taxes

Tero Tax (4%)

Bond Tax (1.5%)

WMAT Tax (5%)

Total Cost =

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

54 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 54

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140A2321Q0215

Legacy Doc #: IA

Period of Performance: 04/01/2021 to 05/31/2021

00010 Demolition of Existing Steel Water Storage Tank

(18,000 Gallon)

Product/Service Code: P500

Product/Service Description: SALVAGE- DEMOLITION

OF STRUCTURES/FACILITIES (OTHER THAN BUILDINGS)

Delivery: 04/30/2021

The RFQ is to be submitted to Karen Cooper by email at karen.cooper@bia.gov on April 9, 2021 at

3:00 pm (Eastern Standard Time). Any further questions regarding this announcement may be directed to Karen Cooper, Contract Specialist, via email karen.cooper@bia.gov. Any submissions received after the date and time specified herein will NOT be considered for award. Quotes must be submitted through email to karen.cooper@bia.gov.

Any other method of submission will NOT be considered. Please allow time for any delays that may impact submitting your quote.

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

Sponsored by GSA

FAR (48 CFR) 53.110

Document No.

140A2321Q0215

Document Title

Demolition of Existing Steel Water Storage Tank for John F Kennedy Day School

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, in conjunction with FAR Part 13.5, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and written solicitation will not be issued.

Table of Contents

INTRODUCTION

1.1 General

1.2 Anticipated Award Type

1.3 North American Industry Classification System (NAICS) Code

1.4 Period of Performance

1.5 Place of Performance

1.6 Point of contact

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

GENERAL ORDER TERMS AND CONDITIONS

3.1 Federal Acquisition Regulations (FAR) (FAC 2005-101 effective

10-26-2019) and Department of the Interior Acquisition Regulation (DIAR) Clauses

QUOTATION PREPARATION INSTRUCTIONS AND PROVISIONS

4.1 Quote Preparation Costs

4.2 Errors and Omissions

4.3 Disposition of Unsuccessful Quotes

4.4 Proprietary Data Caveat

4.5 Agreement to Mandatory Requirements

4.6 Assumptions, Conditions, or Exceptions

4.7 Quote Submission Information

4.8 Provisions

EVALUATION OF QUOTATIONS

Document Title

Demolition of Existing Steel Water Storage Tank for John F

INTRODUCTION

1.1 General

The Department of Interior (DOI), Bureau of Indian Education (BIE) is issuing this Request for

Quote (RFQ) for Demolition of Existing Steel Water Storage Tank for BIE John F Kennedy Day

School, in accordance with the requirements in Section 2.0.

This RFQ is 100% set-aside for Indian Small Business Economic Enterprises.

Offerors will not be reimbursed for any costs incurred in developing their submission in response to this RFQ.

1.2 Anticipated Award Type

The Government anticipates an award of a Firm-Fixed-Price (FFP) with Economic Price

Adjustment (EPA) purchase order as a result of this RFQ.

1.3 North American Industry Classification System (NAICS) Code

The NAICS code for this RFQ is 238910 Site Preparation Contractors. Alternate NAICS codes may be proposed by the Offeror.

1.4 Period of Performance

The base year period of performance (POP) for this requirement is anticipated to be from

04/01/2021 to 05/31/2021.

1.5 Place of Performance

Services will be provided to the following facility:

BIE John F Kennedy Day School

PO Box 130

110 E Dischin Road (Cedar Creek)

Whiteriver, AZ 85941

1.6 Point of contact

COR: (to be provided at contract award)

Phone:

Email:

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Document Title

Demolition of Existing Steel Water Storage Tank for John F

STATEMENT OF WORK

For

WESTERN REGIONAL OFFICE, FORT APACHE AGENCY

H52-12 JOHN F. KENNEDY SCHOOL, CEDAR CREK, ARIZONA

DEMOLITION OF EXISTING STEEL WATER STORAGE TANK

GENERAL

Western Regional Office, Fort Apache Agency provides technical oversight over John F.

Kennedy School, on Minor Improvement and Repair projects. Projects and repairs that exceed the school's annual Operation & Maintenance need. These projects consist of those that are in direct Health and Life Safety violations. Funds are secured for these deficiencies and violations for immediate remediation to bring back into code compliance.

LOCATION

John F. Kennedy Day School, Cedar Creek, Arizona.

SCOPE

Contractor shall provide, equipment, material and professional services required to demolish and make proper disposal I accordance with applicable regulatory requirements of scrap metal associated with the removal of the existing Ground Storage Tank (GST). Work includes demolition of one (1) welded steel water GST and the concrete foundation for JFK GST are

120,000 gallons respectively. The project includes demolition, hauling, and proper disposal of the steel tank and one (1) concrete foundation, in accordance with local and state regulations.

Additionally, contractor shall furnish all necessary investigations, studies, travel, and all costs associated with this project.

Secure a Tribal Employment Rights Office (TERO), demolition permits prior to initiating demolition of the GST. Contractor will pay all fees associated with said permits. Contract is responsible to carry out and pay for any test of material deemed necessary in order to carry to do work and dispose of waste or salvage material.

Contractor shall make his own inspection and assessment of the condition of the tank prior to demolition, as well as carry out any testing or sampling necessary. Contractor will then prepare all required submittals as specified and obtain the required permit(s). The site will be prepared in accordance with the plans and demolition work commenced. The material shall be removed from the site and the site restored.

PREPARATION

Protect existing structures, appurtenances, and landscaping which are not to be demolished and/or which are to be salvaged.

Verify the location of existing above and below ground utilities prior to the start of any demolition. This includes, but is not limited to electric, phone and waterlines. Coordinate with

Document Title

Demolition of Existing Steel Water Storage Tank for John F utility personnel when disconnecting, removing, capping or relocating a utility within the demolition area.

Upon mobilization, the Contractor shall secure the site and shall provide barricades, fencing, signs, and lights to restrict access and to warn the public of possible dangers associated with the demolition.

The owner will be responsible for draining the tank of water and valving the tank off and isolating it from the distribution system.

SUBMITTALS

1. Demolition Plan

2. Regulatory and Environmental Compliance Plan

3. Health and Safety Plan

DEMOLITION

Erect and maintain temporary bracing and other means as required to safeguard the structural integrity of the existing portion of the tank as demolition is taking place.

Conduct demolition to minimize interference with adjacent roadways, structures or utilities.

Cease operation immediately if structures, the public or roadway appears to be in danger and notify the Owner immediately.

Demolish the existing GST in an orderly and careful manner.

Demolish the existing concrete foundation a minimum of 24" below grade or as required by the demolition plan.

Contractor shall take all precautions during the demolition and removal of the tank from the site to minimize chipping or flaking of pain and deposit of pain particles on Owner's property and surrounding residents.

Blasting, scraping or other similar procedures which may cause paint to remove from the tank surfaces shall not be permitted as part of the demolition operation.

Contractor shall plug with concrete all open ends of pipelines exposed during demolition operation. The open ends of abandoned piping shall be tightly sealed with at least 12" thick cast-in-place concrete plugs. Piping shall be disconnected, dismantled and remove as require and in such a manner as to minimize disturbing or damaging adjacent facilities.

Clean up site, perform all testing required by regulation and environmental compliance plans.

Document Title

Demolition of Existing Steel Water Storage Tank for John F

The Contractor shall accept directions only from the Contracting Officer or the duly authorized

Contracting Officer's Technical Representative (COTR). Requests or desires of the Occupying

Program User made directly to the Contractor will be immediately brought to the attention of the

COTR. Any changes to the project scope or other provisions of the Statement of Work (SOW) must be authorized in writing by the Contracting Officer.

DISPOSAL

All removed material, debris and rubbish resulting from the demolition operation shall be removed from the site and disposed of by and at the expense of the Contractor.

Contractor shall provide thorough and complete written documentation of the removal and snapping of the GST. Documentation shall include a description of the material, date, of removal, date of delivery to the receiving facilities and date of destruction of the material in the processing facility's waste stream. The documentation shall include the written verification of the receiving facility.

All fess and transpiration costs are the responsibility for any all fines against the project resulting from improper handling and disposal of the waste materials.

RESTORATION

At the completion of the demolition work, the entire site shall be cleaned of all debris and rubbish. Restoration shall be made as required to return the site to equivalent of better condition than existed prior to the work. This shall include redressing of disturbed areas, repairs to any paved surfaces, sodding of disturbed areas, and restoration of any fencing temporarily taken down or damaged.

COMPLIANCE WITH REGULATIONS

Contractor shall comply with 29 CFR 1926, Subpart C, General Safety and Health Provisions including and not limited to the following:

1926.20 - General safety and health provisions.

1926.21 - Safety training and education.

1926.23 - First aid and medical attention.

1926.27 - Sanitation.

1926.28 - Personal protective equipment.

1926.202 - Barricades.

TEMPORARY FENCING AND STORAGE

Contractor shall install and maintain temporary fencing around the contractor's staging area. The temporary fencing shall be of sufficient strength and height to keep unauthorized personnel away from construction activities, materials and equipment storage, and provide on-site dumpster for waste materials as necessary. The temporary fencing shall remain in place and be maintained until the project is completed.

Document Title

Demolition of Existing Steel Water Storage Tank for John F

SITE INSPECTION

Contractor shall conduct on-site assessment to determine existing conditions and structure layout. Contractor shall verify all items of work and notify the COTR of any discrepancies or concerns prior to performing any work.

Contractor shall contact COTR, Mr. Becenti Wilson, at (628)-338-5365 to arrange for inspection of areas identified for work under this project.

POINT OF CONTACT

Contracting Officer's Technical Representative (COTR):

Mr. Becenti Wilson, Supervisory Facilities Operations Specialist

Fort Apache Agency, Branch of Facilities Management

Hwy 73 & W. Elm Street

White river, Arizona 85941

Phone: 628-338-5365

Email: Becenti.Wilson@bia.gov

SPECIAL REQUIREMENTS: Contractor must:

A. Provide identification badges or cards to all contractor employees.

B. Cooperate with construction inspections performed by the BIE school and facility management representatives.

C. Note that Warranty of Construction shall be One (1) year after final acceptance of work.

D. Contractor shall remedy at his own expense any failure of the work to conform to the SOW and any defects of materials, workmanship, provide that the Government gives the contractor notice of such failure or defect promptly after discovery. Should the Contractor fail to remedy such failure or defect within a reasonable time after receipt of notice thereof, the Government shall have the right to replace, repair, or otherwise remedy such failure of defect at the contractor's expense.

E. The contractor owns all debris generated by or caused by the work in this contract. Contractor bears all responsibility and all costs connected with or related to the removal and disposal of all debris from the John F Kennedy Day School project location. Contractor is required to comply with applicable Environmental Protection Agency (EPA) regulations, Federal, State, and local

Government laws and regulations while engaged in the removal and disposal of debris.

F. Provide daily housekeeping including routine debris and scrap removal. It shall be maintained in all areas identified within the SOW. No construction activity shall jeopardize the safety and welfare of all contractor workers, BIE staff, visitors, general public and government property.

Document Title

Demolition of Existing Steel Water Storage Tank for John F

GENERAL ORDER TERMS AND CONDITIONS

3.1 Federal Acquisition Regulations (FAR) (FAC 2009-02 effective

5-06-2019) and Department of the Interior Acquisition Regulation (DIAR) Clauses

The following clauses are applicable to this requirement:

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

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

FAR Clauses: www.acquisition.gov/browsefar and DIAR Clauses:

https://www.doi.gov/pam/programs/acquisition/pamareg, then click Department of the Interior

Acquisition Regulation

Clause Title Date

52.202-1 Definitions Nov 2013

52.203-5 Covenant Against Contingent Fees May 2014

52.203-11 Certification and Disclosure Regarding Payments

To Influence Certain Federal Transactions Sep 2007

52.203-12 Limitation on Payments to Influence Federal

Transactions Oct 2010

52.203-17 Contractor Employee Whistleblower Rights and

Requirement to Inform Employees of Whistleblower

Rights Apr 2014

52.204-13 System for Award Management Maintenance Oct 2018

52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

52.204-26 Covered Telecommunications Equipment or Services-

Representation (Dec 2019)

52.209-2 Prohibition on Contracting with Inverted

Domestic Corp--Representation Nov 2015

52.209-10 Prohibition on Contracting with Inverted Domestic

Corporations Nov 2015

52.212-4 Contract Terms and Conditions – Commercial Items Oct 2018

52.223-10 Waste Reduction Program May 2011

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to

Iran--Representation and Certifications Aug 2018

52.227-14 Rights in Data—General May 2014

52.228-5 Insurance on Government Installation Aug 1997

52.229-3 Federal, State and Local Taxes Feb 2013

52.232-1 Payments Apr 1984 http://www.acquisition.gov/browsefar https://www.doi.gov/pam/programs/acquisition/pamareg

Document Title

Demolition of Existing Steel Water Storage Tank for John F

52.232-23 Assignment of Claims May 2014

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors Dec 2013

52.233-3 Protest after Award Aug 1996

52.233-4 Applicable Law for Breach of Contract Claim Oct 2004

52.237-2 Protection of Government Buildings, Equipment, And Vegetation Apr 1984

52.244-6 Subcontracts for Commercial Items Aug 2018

FAR Clauses Incorporated in Full Text

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or

Executive Orders - Commercial Items (May 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws

108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

Document Title

Demolition of Existing Steel Water Storage Tank for John F

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41

U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-

117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C.

6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)

(15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

Document Title

Demolition of Existing Steel Water Storage Tank for John F

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637

(d)(4)).

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

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

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

X (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-

Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15

U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C.

637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned

Small Business Concerns Eligible Under the Women-Owned Small Business Program

(Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

Document Title

Demolition of Existing Steel Water Storage Tank for John F

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan

2018) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

X (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29

U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

(22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

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___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun

2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014)

(E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42

U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products

(Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while

Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

X (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

X (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May

2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

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X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the

United States (Oct 2016) (Section 862, as amended, of the National Defense

Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award

Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for

Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

X (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___ (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.]

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___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29

U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards --

Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and

41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards --

Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--

Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O.

13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May

2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims

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Demolition of Existing Steel Water Storage Tank for John F arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41

U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the

Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

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(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29

U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter

67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C.

chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O.

13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain

Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services--Requirements (May 2014) (41

U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017)

(E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the

United States (Oct 2016) (Section 862, as amended, of the National Defense

Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

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(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels

(Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

DIAR Clauses

DIAR 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 POC at time of award. The POC will be responsible for technical monitoring of the contractor's performance and deliveries. The POC 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 POC 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 POC has taken an action or has issued direction

(written or oral) that the Contractor considers to exceed the POC'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.

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(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 POC acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

DIAR 1452.203-70 Restriction on Endorsements—Department of the Interior (Jul 1996)

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the

Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

DIAR 1452.226-70 - INDIAN PREFERENCE—DEPARTMENT OF THE INTERIOR

(APR 1984)

(a) The Offeror agrees to give preferences to Indians who can perform the work required regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation for training and employment opportunities under this contract and, to the extent feasible consistent with the efficient performance of this contract, training and employment preferences and opportunities shall be provided to Indians regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation who are not fully qualified to perform under this contract. The Offeror also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts consistent with the efficient performance of this contract. The Offeror shall maintain such records as are necessary to indicate compliance with this paragraph.

(b) In connection with the Indian employment preference requirements of this clause, the Offeror shall also provide opportunities for training incident to such employment. Such training shall include on-the-job, classroom, or apprenticeship training which is designed to increase the vocational effectiveness of an Indian employee.

(c) If the Offeror is unable to fill its training and employment needs after giving full consideration to Indians as required by this clause, those needs may be satisfied by selection of

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Demolition of Existing Steel Water Storage Tank for John F persons other than Indians in accordance with the clause of this contract entitled “Equal

Opportunity.”

(d) If no Indian organizations or Indian-owned economic enterprises are available for awarding of subcontracts in connection with the work performed under this contract, the Offeror agrees to comply with the provisions of this contract involving utilization of small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, or labor surplus area concerns.

(e) As used in this clause:

(1) “Indian” means a person who is a member of an Indian Tribe. If the Offeror has reason to doubt that a person seeking employment preference is an Indian, the Offeror shall grant the preference but shall require the individual within thirty (30) days to provide evidence from the

Tribe concerned that the person is a member of that Tribe.

(2) “Indian organization” means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88

Stat. 77; 25 U.S.C. 1451); and

(3) “Indian-owned economic enterprise” means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit provided that such Indian ownership shall constitute not less than 51 percent of the enterprise.

(4) “Indian Tribe” means an Indian Tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 668; 43 U.S.C. 1601) which is recognized as eligible for the special programs and services provided by the United

States to Indians because of their status as Indians.

(f) The Offeror agrees to include the provisions of the clause including this paragraph (f) in each subcontract awarded under this contract.

(g) In the event of noncompliance with this clause, the Offeror's right to proceed may be terminated in whole or in part by the Contracting Officer and the work completed in a manner determined by the Contracting Officer to be in the best interests of the Government.

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DIAR 1452.226-71 - INDIAN PREFERENCE PROGRAM— DEPARTMENT OF THE

INTERIOR (APR 1984)

(a) In addition to the requirements of the clause of this contract entitled “Indian Preference—

Department of the Interior,” the Offeror agrees to establish and conduct an Indian preference program which will expand the opportunities for Indian organizations and Indian-owned economic enterprises to receive a preference in the awarding of subcontracts and which will expand opportunities for Indians to receive preference for training and employment in connection with the work to be performed under this contract. In this connection, the Offeror shall —

(1) Designate a liaison officer who will:

(i) Maintain liaison with the Government and Tribe(s) on Indian preference matters;

(ii) Supervise compliance with the provisions of this clause; and

(iii) Administer the Offeror's Indian preference program.

(2) Advise its recruitment sources in writing and include a statement in all advertisements for employment that Indian applicants will be given preference in employment and training incident to such employment.

(3) Not less than twenty (20) calendar days prior to commencement of work under this contract, post a written notice in the Tribal office of any reservations on which or near where the work under this contract is to be performed, which sets forth the Offeror's employment needs and related training opportunities. The notice shall include the approximate number and types of employees needed, the approximate dates of employment; the experience or special skills required for employment, if any; training opportunities available; and all other pertinent information necessary to advise prospective employees of any other employment requirements.

The Offeror shall also request the Tribe(s) on or near whose reservation(s) the work is to be performed to provide assistance to the Offeror in filling its employment needs and training opportunities. The Contracting Officer will advise the Offeror of the name, location, and phone number of the Tribal officials to contact in regard to the posting of notices and requests for

Tribal assistance.

(4) Establish and conduct a subcontracting program which gives preference to Indian organizations and Indian-owned economic enterprises as subcontractors and suppliers under this contract. Consistent with the efficient performance of this contract, the Offeror shall give public notice of existing subcontracting opportunities by soliciting bids or quotes only from Indian organizations or Indian-owned economic enterprises. The Offeror shall request assistance and information on Indian firms qualified as suppliers or subcontractors from the Tribe(s) on or near whose reservation(s) the work under the contract is to be performed. The Contracting Officer will advise the Offeror of the name, location, and phone number of the Tribal officials to be contacted in regard to the request for assistance and information. Public notices and solicitations for existing subcontracting opportunities shall provide an equitable opportunity for Indian firms to submit bids or quotes by including—

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(i) A clear description of the supplies or services required including quantities, specifications, and delivery schedules which facilitate the participation of Indian firms;

(ii) A statement indicating the preference will be given to Indian organizations and Indian-owned economic enterprises in accordance with Section 7(b) of Public Law 93-638; (88 Stat. 2205; 25

U.S.C. 450e(b));

(iii) Definitions for the terms “Indian organization” and “Indian-owned economic enterprise” as prescribed under the “Indian Preference—Department of the Interior” clause of this contract;

(iv) A representation to be completed by the Offeror that it is an Indian organization or Indian-owned economic enterprise; and

(v) A closing date for receipt of bids or quotes which provides sufficient time for preparation and submission of a bid or quote. If after soliciting bids from Indian organizations and Indian-owned economic enterprises, no responsible bid is received, the Offeror shall comply with the requirements of paragraph (d) of the “Indian Preference—Department of the Interior” clause of this contract. If one or more responsible bids are received, award shall be made to the low responsible bidder if the bid price is determined to be reasonable. If the low responsive bid is determined to be unreasonable as to price, the Offeror shall attempt to negotiate a reasonable price and award a subcontract. If a reasonable price cannot be agreed upon, the Offeror shall comply with the requirements of paragraph (d) of the “Indian Preference—Department of the

Interior” clause of the contract.

(5) Maintain written records under this contract which indicate:

(i) The names and addresses of all Indians seeking employment for each employment position available under this contract;

(ii) The number and types of positions filled by Indians and non-Indians, and the name, address and position of each Indian employed under this contract;

(iii) For those positions where there are both Indian and non-Indian applicants, and a…

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