Sol_140A2322Q0152.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040565312

Indian Education Acquisition Office

1011 Indian School Rd.

Suite 352A Albuquerque NM 87104

A23

Matthew Lucas at matthew.lucas@bie.edu

Matthew Lucas 941-304-2333

103/02/2022

140A2322Q0152

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

Project Title: Replace 30 kVA Transformer

Project Location: Sherman Indian High School, 9010 Magnolia Ave., Riverside, CA 92503

Magnitude of Construction: $25,000 to $100,000

NAICS - 236220 - Commercial and Institutional Building Construction; Size Standard

$39.5M

PSC Code - Z1CA - Maintenance of Schools

Project Description: All labor, supervision, parts and equipment to replace the 30 kVA transformer.

This requirement is set-aside for small business.

- SECTION A - CONTRACT FORM

- SECTION B - SUPPLIES OR SERVICES AND PRICES

- SECTION C - DESCRIPTION AND SPECIFICATIONS

- SECTION D - PACKAGING AND MARKING

- SECTION E - INSPECTION AND ACCEPTANCE

- SECTION F - DELIVERIES OR PERFORMANCE

- SECTION G - CONTRACT ADMINISTRATION DATA

- SECTION H - SPECIAL CONTRACT REQUIREMENTS

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

1 112 calendar days and complete it within ________________ ________________ calendar days after receiving

52.211-10

03/23/2022

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

Indian Education Acquisition Office 1011 Indian School Rd.

Suite 352A Albuquerque NM 87104

A23

Dawn Sekayumptewa

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 36

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A2322Q0152

- SECTION I - CONTRACT CLAUSES

- SECTION J - LIST OF ATTACHMENTS

- SECTION L - INSTRUCTIONS, CONDITIONS, and

NOTICES TO OFFERORS

- SECTION M - EVALUATION FACTORS FOR AWARD

AT THE TIME OF PROPOSAL SUBMISSION, interested contractors MUST be actively registered in the

System for Award Management at https://www.sam.gov.

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

Sponsored by GSA

FAR (48 CFR) 53.110

REQUEST FOR QUOTE: 140A2322Q152

Contents

SECTION B – PRICE SCHEDULE

B1. PRICE SCHEDULE

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C1. STATEMENT OF WORK (SOW)

SECTION D – PACKAGING AND MARKING

D1. PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

E1. 52.252-02 CLAUSES INCORPORATED BY REFERENCE FEB 1998

E2. DAILY REPORTING REQUIREMENT

E3. FINAL INSPECTION

SECTION F -- DELIVERIES OR PERFORMANCE

F1. 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK APRIL 1984

F2. 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION SEP 2000

F3. ASSESSMENT AND APPORTIONMENT OF LIQUIDATED DAMAGES

F4. NOTICE OF DELAY

F5. RECYCLING AND DISPOSAL OF REFUSE

SECTION G – CONTRACT ADMINISTATION DATA

G1. 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

G2. CONTRACT ADMINISTRATION GOVERNMENT

G3. CONTRACT ADMINISTRATION – CONTRACTOR

G4. CONTRACTING OFFICER'S REPRESENTATIVE

G5. INVOICE AND PAYMENT

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H1. TRIBAL TAXES, REQUIREMENTS AND/OR RESTRICTIONS:

H2. DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT

H3. 1452.228-70 Liability Insurance (JUL 1996)

H4. TIME FOR SUBMISSION OF EVIDENCE OF INSURANCE

H5. VOLATILE ORGANIC COMPOUNDS (VOC) COMPLIANCE PLAN

H6. WAGE RATES

H7. SUBCONTRACT DATA

H8. CONTRACTOR SECURITY REQUIREMENTS

H9. REAL ID ACT OF 2005

H10. EXISTING UTILITIES

H11. DIFFERING SITE CONDITION NOTICE

H12. DOCUMENTATION OF PROPOSALS FOR EQUITABLE ADJUSTMENTS

H13. NON-COMPLIANCE WITH CONTRACT REQUIREMENTS

H14. COVID-19 GUIDELINES

H15. BACKGROUND INVESTIGATION

H16. REMOVAL OF PERSONNEL

Part II - Contract Clauses

SECTION I – CONTRACT CLAUSES

I1. 52.252-02 CLAUSES INCORPORATED BY REFERENCE FEB 1998

CLAUSES INCORPORATED BY FULL TEXT

I2. 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS

(OCT 2021) (DEVIATION)

I3. 52.225-9 BUY AMERICAN–CONSTRUCTION MATERIALS (Feb 2021)

Part III - List of Documents, Exhibits, and Other Attachments

SECTION J LIST OF ATTACHMENTS

Part IV - Representations and Instructions

SECTION K REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

K1. 52.204-8 Annual Representations and Certifications (Jan 2022) K2. 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) K3. 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) K4. 52.225-10 Notice of Buy American Requirement-Construction Materials MAY 2014

K5. 52.252-01 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEB 1998

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

L1. 52.252-01 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEB 1998

L2. SOLICITATION PROVISIONS IN FULL TEXT

L3. 52.233-2 Service Of Protest SEP 2006 L4. DIAR 1452.233-2 Service of Protest Department of the Interior (JUL 1996) (Deviation)

L5. INSTRUCTION TO OFFERORS:

GENERAL INFORMATION

SECTION M – EVALUATION FACTORS FOR AWARD

M1. Per FAR 13.106‐2 - Evaluation of Quotations:

SECTION B – PRICE SCHEDULE

B1. PRICE SCHEDULE

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Contractor is required to furnish all labor, supervision, transportation, tools, and materials required to replace the 30 kVA transformer in accordance with the statement of work.

1.00 JB _____________ ______________

Project Location:

Sherman Indian High School 9010 Magnolia Ave.

Riverside, CA 92503

Period of Performance:

112 Days from Award

Subtotal: $_________ Bonding: $_________

Tribal Taxes As Required: $_________ All State Taxes (as applicable): $_________

Grand Total $_________

END OF SECTION B – PRICE SCHEDULE

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C1. STATEMENT OF WORK (SOW)

REPLACING THREE-PHASE PAD-MOUNTED TRANSFORMER SHERMAN

INDIAN HIGH SCHOOL

BUREAU OF INDIAN EDUCATION

UNITED STATES DEPARTMENT OF THE INTERIOR

PROJECT DESCRIPTION:

Remove and dispose of existing transformer and provide new transformer at Sherman Indian High School (SIHS) campus. SIHS is a U.S. Department of Interior, Bureau of Indian Affairs/Bureau of Indian Education (BIE) boarding school servicing Native American Indian & Alaska Native (AI/AN) students in grades 9-12. We are located in Riverside, Riverside County, California.

OBJECTIVE:

This is a construction project where the contractor will provide all labor, materials, tools and equipment, and services necessary replace and install a new Three-Phase Pad-Mounted Transformer designed for outdoor installation on a concrete pad with underground power.

The current transformer is an Olsun 30 kVA, 12,000-volt. Contractor is to provide a new transformer meeting the current unit’s technical specifications. Expected key features are that the feeder line tie in locations are required to match the current unit’s locations.

This will minimize the work required to install the new unit as this is a replacement requirement. This transformer supports the Facility Department, buildings 67 and 72, a campus map is provided as an attachment.

The equipment provided and installation shall be in accordance with all applicable requirements of the NFPA, EPA, OSHA, National Electric Code, National Safety Code, and applicable local, state, and federal regulations.

• Contractor is responsible for the removal and disposal of transformer in compliance with EPA and State of California statutes.

• Contractor is to obtain any and all permits or environmental fees associated with this work.

• Disconnect, reconnect, and, if needed, replace any cables and wires-testing all cabling and wiring upon reconnecting.

• Ensure concrete pad has enough support base for replacement transformer.

Equipment shop drawings will require approval by the Government prior to manufacture.

Performance testing of the transformer and the resulting certifying testing report is to be provided to the Government prior to its shipment.

Testing electrical panels to ensure all panels are in good operating condition and any testing deemed necessary to ensure the transformer is in good operation upon installation.

Transformer must include tamper resistance, padlock door, and painted gray powder coat finish.

SERVICES:

The Contractor shall furnish all technical, supervisory, and administrative personnel to ensure the expeditious accomplishment of the work. Additionally, the Contractor shall provide all necessary services, labor, supplies, materials, equipment, travel, and all cost associated with this project.

ANCILLARY REQUIREMENTS:

1) Contractor is responsible for any storage needs to complete job. The school will not supply storage for completion of work.

2) Contractor will deliver, store on-site and handle all materials in a manner that the supplies will maintain their original manufactured or fabricated condition until ready for use.

3) Contractor will keep the work area free from accumulation of waste materials and comply with all federal, state and local regulations pertaining to storage, transport, and disposal of wastes.

4) Contractor shall not utilize school waste disposal facilities including garbage cans, trash piles, or dumpsters.

5) Contractor will ensure safety protection is worn by personnel and all equipment and tools are in good and safe working order.

6) If any government property is damaged by the contractor employees, equipment or tools, the property shall be replaced in kind or suitable repairs shall be made.

7) All services shall be done in conformance with safety and all other local laws and regulations.

8) Shop drawings are to be provided and the appropriate manufacturer tags are to be supplied by the contractor.

9) Maintenance and operating manuals shall be provided.

The work generally includes but is not limited to:

The contractor shall be responsible for taking and applying accurate field measurements.

Area shall be cleaned hourly or as needed to maintain a clean school grounds environment.

Contractor employees shall be required to maintain a professional appearance including a shirt bearing the company logo.

SAFETY:

The Contractor will be required to verify that safety equipment of OSHA approved and that the employees have been trained on the proper use of this equipment.

The Contractor will be required to follow all safety policies as set forth by OSHA in reference to this type of work. The Contractor will be required to provide the above information as well as a safety plan in performing this work. Failure to provide this information will not be reason for additional time or delay claim for the Contract.

PERIOD OF PERFORMANCE:

The total contractor performance period shall be 112 calendar days which is inclusive of the lead time for the approval and manufacture of the transformer.

After work begins on the site, the Contractor shall work continuously during approved work hours. A superintendent dedicated to this contractor shall be present on-site until the completion of the contract.

PLACE OF PERFORMANCE:

Sherman Indian High School 9010 Magnolia Ave.

Riverside, CA 92503

WORK HOURS:

To expedite the construction, the contractor shall perform work during normal and off hours. Utility shutdowns will be required to be completed off hours. We will work with staff to minimize disruption in the area. Installation of the transformer is expected to occur over a weekend, beginning on a Friday and ending no later than the following Sunday afternoon at 4:00 PM.

COORDINATION:

Shutdown of utilities must be coordinated with the COR. Shutdowns to be performed after hours.

RECEIPT OF MATERIALS:

Address all shipment of materials and supplies to the Contractor – not the Government.

The Contractor must be on hand to accept shipments; the Government will not accept deliveries on the behalf of the Contractor.

WARRANTIES:

The Contractor will provide a one-year warranty covering all material and labor upon approved final inspection.

PROTECTION OF EXISTING PROPERTY:

The Contractor shall be responsible for restoring the area to its original condition at the completion of the work. The Contractor shall be responsible for repair of any damage incurred to buildings or property as a result of construction activities. Where this work damages existing surfaces. Damage shall be repaired and finished to match existing construction. The Contractor shall be responsible for replacing any items (interior or exterior) damaged during the performance of this project.

CLEAN-UP AND DISPOSAL:

The Contractor shall be responsible for the removal and disposal of all trash/debris connected with construction activities on a daily basis. Recyclable products shall be disposed of in accordance with applicable statutes, in respective containers. Contractor must provide their own dumpster for construction debris.

GOVERNMENT-FURNISHED PROPERTY (GFP):

No government property will be furnished. The Contractor will provide all supplies, equipment, personnel, and materials necessary to complete work.

END OF SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D – PACKAGING AND MARKING

D1. 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

E1. 52.252-02 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 address: https://www.acquisition.gov/far and https://www.acquisition.gov/diar

CLAUSES TITLE DATE

52.246-12 Inspection of Construction AUG 1996

E2. DAILY REPORTING REQUIREMENT

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.

E3. 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

https://www.acquisition.gov/far https://www.acquisition.gov/diar

SECTION F -- DELIVERIES OR PERFORMANCE

F1. 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK APRIL 1984

The Contractor shall be required to (a) commence work under this contract receipt within (1) days of award, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than one hundred twelve

(112) calendar days. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F2. 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION SEP 2000

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $186.20 for each calendar day of delay until the work is completed or accepted.

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

F3. ASSESSMENT AND APPORTIONMENT OF LIQUIDATED DAMAGES

Liquidated damages will be assessed from the completion date indicated in the contract or extensions thereof to the date of substantial completion as actually achieved by the Contractor, as determined by the Contracting Officer.

F4. NOTICE OF DELAY

If the Contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause or are causing delays which the Contractor believes may result in late completion of the project, the Contractor shall notify the Contracting Officer. The Contractor’s notice shall state the effect, if any, of such change or other conditions upon the approved schedule, and shall state in what respects, if any, the relevant schedule, or the completion date should be revised. The Contractor shall give this notice not more than three (3) days after the first event-giving rise to the delay or prospective delay. Only the Contracting Officer may revise the approved time schedule.

F5. 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 disposals shall be done in accordance with federal, state, and local laws and regulations.

(End of Local Clause)

END OF SECTION F – DELIVERIES OR PERFORMANCE

SECTION G – CONTRACT ADMINISTATION DATA

G1.1452.201-70 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)

G2. CONTRACT ADMINISTRATION GOVERNMENT

All administrative questions shall be directed to the below:

Matthew Lucas, Contract Specialist, 1011 Indian School Rd NW Albuquerque, NM 87104 Phone: 941-304-2333 Email: matthew.lucas@bie.edu

(End of Local Clause)

G3. CONTRACT ADMINISTRATION – CONTRACTOR

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

Company Name: ______________ Point of Contact: ______________ Email: ______________ Address: ______________ Telephone Number: ______________

(End of Local Clause) mailto:matthew.lucas@bie.edu

G4. 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)

G5. 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) within 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

END OF SECTION G – CONTRACT ADMINISTATION DATA

https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H1.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 tribe or tribal organization involved with regard to any requirements regarding tribal taxes, royalties and/or other applicable tribal laws or ordinances. Any costs associated with this section shall be included in the contractor's quote.

H2. 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.

H3. 1452.228-70 Liability Insurance (JUL 1996) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

General Liability: $500,000.00 per occurrences.

Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

(End of clause)

H4. TIME FOR SUBMISSION OF EVIDENCE OF INSURANCE

The Contractor shall provide evidence of the insurance required under this contract within ten (10) days after contract award. Failure to timely submit this evidence, in a form acceptable to the Contracting Officer, may result in rescinding or termination of the contract by the Government.

H5. VOLATILE ORGANIC COMPOUNDS (VOC) COMPLIANCE PLAN

a) Contractor's are required to comply with local VOC laws and regulations and shall have an acceptable

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

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

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

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

e) The rule governing its use;

f) 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.

g) 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.

H6. WAGE RATES

Applicable Construction Wage Rate Requirements are in effect at the time of contract and will apply. 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.

H7. 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.

H8. CONTRACTOR SECURITY REQUIREMENTS

At the Pre-construction Conference [or prior to beginning work on the contract], the Contractor shall provide a list of all on-site personnel, including sub-contractors (including second and third-tier subcontractors) and suppliers, to the Contracting Officer. The contractor shall update this list when changes occur. Contractor personnel not listed may be denied access to the Coast Guard facility. Contractor personnel will be restricted to designated working areas. Any personnel violating this policy may lose access to the facility. Contractor personnel shall have photo identification at all times while working on BIA facilities. Contractors shall provide the COR with 24 hours of advance notice of every delivery to the site (e.g., concrete, lumber, etc...) and provide the company name, delivery person, and phone number of the firm(s) making deliveries. Otherwise access to the BIA facility may be denied. Special security provisions may apply to some requirements. Employees may be required to submit to a background check and be United States citizens.

H9. 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 states without approved licenses and require access to a military 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 base 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 military 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#

H10. 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.

http://www.dhs.gov/real-id-enforcement-brief

H11. DIFFERING SITE CONDITION NOTICE

The Contractor shall provide written notice to the Contracting Officer of a differing site condition within 1 day of occurrence following FAR 52.236-2, Differing Site Conditions.

H12. DOCUMENTATION OF PROPOSALS FOR EQUITABLE ADJUSTMENTS

a. ITEMIZATION OF PROPOSALS AND REQUESTS. The Contractor shall submit any request for equitable adjustment in the contract price, including any change proposal submitted in accordance with the Changes and Changed Conditions (52.243-5) clause, in the form of a lump sum proposal supported with an itemized breakdown of all increases and decreases in the contract price in the detail required by the Contracting Officer, The request shall include all costs and delays related to or arising out of the change or event giving rise to the proposed adjustment, including any delay damages and additional overhead costs.

b. PROPOSED TIME ADJUSTMENTS. The Contractor shall submit a proposed time extension (if applicable) with any request for an equitable adjustment or change proposal. The request shall include sufficient information to demonstrate whether and to what extent the change will delay the completion of the contract.

c. RELEASE BY CONTRACTOR. The price and time adjustment made in any contract modification issued as a result of a change proposal or request for an equitable adjustment shall be considered to account for all items affected by the change or other circumstances giving rise to an equitable adjustment. Upon issuance of such contract modification, the Government shall be released from any and all liability under this contract for further equitable adjustments attributable to the facts and circumstances giving rise to the change proposal or request for equitable adjustment.

H13. NON-COMPLIANCE WITH CONTRACT REQUIREMENTS

If the Contractor, after receiving written notice from the Contracting Officer of noncompliance with any requirement of this contract, fails to initiate promptly appropriate action(s) to bring performance/work into compliance with a contract requirement within a reasonable period of time, the Contracting Officer shall have the right to order the Contractor to suspend any or all work under the contract. This order shall be in force until the Contractor has complied or has initiated such action as may be appropriate to comply within a reasonable period of time. The Contractor will not be entitled to any extension of contract time or payment for any costs incurred as a result of being ordered to suspend work for such a cause.

H14. COVID-19 GUIDELINES

The following guidelines will be adhered to at Southwestern Indian Polytechnic Institute as preventive health strategy in response to the COVID-19 health pandemic. These guidelines are based on the Centers for Disease Control and Prevention (CDC) and Occupational Safety and Health Administration (OSHA) best practices to minimize risk of coronavirus transmission as employees return to the workplace.

(a) COVID Symptoms. Any Contractor personnel, employees, subcontractors, partners, or workers who are experiencing symptoms of COVID-19, including but not limited to cough, shortness of breath or difficulty breathing, fever, chills, muscle pain, sore throat, new loss of taste or smell should not report to work.

Employees may be allowed to return to work after 14 days of having no symptoms. Contractor’s project managers and site superintendents are responsible to monitor employees for symptoms before and during work, and follow appropriate precautions in accordance with CDC Guidance –Safety Practices for Critical Infrastructure Workers. https://www.cdc.gov/coronavirus/2019-ncov/community/critical-workers/implementing-safety-practices.html. If a Contractor’s employee is unsure if they are sick, they should consult their supervisor. Visitors exhibiting or reporting COVID-19 symptoms (i.e., cough or shortness of breath or difficulty breathing fever, chills, muscle pain, sore throat, new loss of taste or smell) should be encouraged through notice and signage to leave the facility and reschedule their meeting/visit for a future time when they are in good health.

(b) Face Covers. Contractor personnel are required to wear cloth face coverings while onsite. Cloth face coverings may prevent people who do not know they have the virus from transmitting it to others. CDC does not recommend the general public wear surgical masks or N-95 respirators to protect themselves from http://www.cdc.gov/coronavirus/2019-ncov/community/critical-workers/implementing-safety-practices.html http://www.cdc.gov/coronavirus/2019-ncov/community/critical-workers/implementing-safety-practices.html respiratory diseases, including coronavirus (COVID-19). N-95s and other filtering face piece respirators should continue to be reserved for those at increased risk of exposure including health care workers and other medical first responders, as recommended by current CDC guidance and a job hazard analysis.

Appropriate Personal Protective Equipment (PPE). Cloth face coverings are not respirators and are not appropriate substitutes where filtering face piece respirators are required. Employees who are performing tasks at elevated risk requiring respirators as identified through the job hazards analysis will be provided with the appropriate Personal Protective Equipment (PPE) to perform their jobs safely.

(c) Social Distancing. The CDC guidance includes a primary objective of disease mitigation through good hygiene, staying home when sick, and social distancing. Social distancing is a set of actions taken to stop or slow the spread of a highly contagious disease. The CDC has determined that social distancing is an essential step in preventing the spread of COVID-19. The goal of social distancing is to limit face-to-face contact to decrease the spread of illness among people in community settings. Employees should practice social distancing by putting space (currently six feet) between themselves and others. Visitors that exceed the maximum occupancy for the space should not enter the space. Any waiting area should also be structured to limit aggregation of people to avoid crowding and maintain social distancing. Waiting areas should have suitable floor markings to facilitate social distancing.

(d) Hygiene. Contractors will have an overall cleaning schedule that is consistent with CDC cleaning recommendations including using Environmental Protection Agency (EPA) recommended cleaning and disinfecting solutions (https://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-facility.html). Additionally, the Contractor shall encourage and support frequent hand washing, hand sanitizing and wiping down of surfaces in high traffic, shared spaces (e.g., elevator lobbies, community desk, pantry, nooks, meeting rooms, restrooms, phone booths). Workstation configurations and schedules should accommodate simplified cleaning measures wherever possible.

H15. BACKGROUND INVESTIGATION

In accordance with 25 U.S.C. § 3201 et seq. (Pub. L. 101-630), the Indian Child Protection and FamilyViolence Prevention Act; 34 U.C.C. § 20351, et seq. (Pub. L. 101-647), the Crime Control Act of 1990,as amended; and 441 Departmental Manual, Personnel Security and Suitability Requirements, all positions with duties and responsibilities involving regular contact with or control over Indian children are subject to a background investigation and determination of suitability for employment.

Accordingly, all such positions require a favorable background screening by the Bureau of Indian Education (BIE), Personnel Security and Suitability Program and a favorable background investigation by the Defense Counterintelligence Service Agency (DCSA). The documentation required to initiate a background investigation shall be completed for any Contractor employee that will be onsite during thecontract’s performance or have access to Personally Identifiable Information (PII). The complete submittal of the background investigation paperwork to the BIA/BIE will be accomplished within 14 days after contract award for service contracts or, for construction contracts, before a Notice to Proceed(NTP) is issued by the Contracting Officer. Pending the successful completion of a background investigation by the BIA/BIE and/or DCSA, the Contractor who has been granted a favorable screening(applicant and suitability) determination must, at all times, remain within sight and under the supervision of a Government employee (or other person designated by the Contracting Officer Representative (COR), who has successfully completed the background investigation. If an unfavorablescreening (applicant and suitability) determination is made, an employee shall not be allowed onsite. If the Contractor’s employees are found onsite, without the proper authorization, the employee will face legal liability and the Contractor may have their contract terminated for default. Additionally, the individual and/or the company who proposed to employ this individual may be determined to be non- responsible if an unfavorable screening (applicant and suitability) determination is made and may be deemed ineligible for contract award. If an unfavorable final background investigation determination ismade, the contract may be terminated and the employee in question shall not be authorized to provide service to the BIA/BIE if the services involve contact with or regular control over Indian children. It is solely the COR’s responsibility to initiate background checks for all Contractors and their employees inthe BIE BEARCUBS system, which includes but is not limited to appropriate investigative forms and/or inquiries about their previous investigation; and, obtain a screening http://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-

(applicant and suitability) determination, and subsequent final background investigation.

The Contracting Officer will consult with the COR when questions arise as to whether or not the scopeof work of a contract requires background investigations for contractor personnel. If the Contracting Officer or COR believes the scope of work performed by contract personnel should not require a background investigation, the Personnel Security Officer will be contacted for concurrence and has thefinal authority to determine if background investigation(s) are required.

H16. REMOVAL OF PERSONNEL

The Contractor shall maintain discipline at the site and at all times take all reasonable precautions to prevent any unlawful, riotous, or disorderly conduct by or among those at the site. The Contractor shall ensure the preservation of peace and protection of persons and property in the vicinity of the project. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee that the Contracting Officer deems incompetent, careless, insubordinate or otherwise objectionable, or whose continued employment on the project is deemed by the Contracting Officer to be contrary to the Government's interests.

END OF SECTION H – SPECIAL CONTRACT REQUIREMENTS

Part II - Contract Clauses

SECTION I – CONTRACT CLAUSES

I1. 52.252-02 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 address: https://www.acquisition.gov/far and https://www.acquisition.gov/diar

CLAUSES TITLE DATE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements and

Statements

JAN 2017

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUN 2020 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations…