Sol_140A2322Q0566.pdf

CHEYENNE-EAGLE BUTTE (CEB) SCHOOL - CHAIN LINK FENCE REMOVAL AND

INSTALLATION - SOLICITATION IS SET ASIDE FOR SMALL BUSINESS (SB).

Contractors, please see the attached Request for Quote for the CEB School for the removal and installation of the fence at the school. SITE Visit: Tuesday, August 16, 2022, at 1:00 p.m. Mountain

Daylight Time at Cheyenne-Eagle Butte (CEB) School in Eagle Butte, South Dakota. Ashley Elk Nation will be at the school on this day to conduct the site visit. Please contact Miss. Elk Nation to inform her you will be attending the site visit at Ashley.elknation@bie.edu. All questions to be received by Thursday, August 18, 2022, by COB.

All questions must be emailed to Mary Jane Johnson before this date and time to maryjane.johnson@bie.edu.

Solicitation Response date is Wednesday, August 24, 2022, at 12:00 p.m. Mountain Daylight Time.

All proposals are to be emailed ONLY to the Contracting Officer, Mary Jane Johnson, at maryjane.johnson@bie.edu, to be considered for award. Please see attached for all details.

See SECTION L and M for evaluation factors for this solicitation.

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)

0040584300

Indian Education Acquisition Office

1011 Indian School Rd.

Suite 352A Albuquerque NM 87104

A23

Mary Jane Johnson 5058034259

108/09/2022

140A2322Q0566

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

THIS IS A SOLICITATION REQUESTING FOR A QUOTE FOR A FIRM FIXED PRICE CONTRACT FOR

THE REMOVE AND INSTALLATION OF CHAIN LINK FENCE FOR CHEYENNE-EAGLE BUTTE SCHOOL IN

EAGLE BUTTE, SOUTH DAKOTA. THE CONTRACTOR SHALL PROVIDE ALL LABOR, MATERIALS,

SUPERVISION, AND INCIDENTALS NECESSARY IN ACCORDANCE WITH THE STATEMENT OF WORK.

- 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

- SECTION I - CONTRACT CLAUSES

- SECTION J - LIST OF ATTACHMENTS

- SECTION K - RESPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

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

- SECTION M - EVALUATION FACTORS FOR AWARD

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

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

FAR 52.211-10

08/24/2022

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

Mary Jane Johnson

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 54

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A2322Q0566

THIS IS A SMALL BUSINESS SET ASIDE.

IN ACCORDANCE WITH FAR 36.204, DISCLOSURE OF THE

MAGNITUDE OF CONSTRUCTION PROJECT IS WITHIN THE

FOLLOWING PRICE RANGE OF (c) BETWEEN $100,000.00

TO $250,000.00.

Delivery: 10/14/2022

Delivery Location Code: 0009061567

BIE CHEYENNE EAGLE-BUTTE SCHOOL

E Street Bldg. #2004

PO Box 672

EAGLE BUTTE SD 57625-0672 US

Period of Performance: 09/05/2022 to 10/21/2022

00010 Chain Link Fence Removal and Installatio 1 EA

Product/Service Code: 5660

Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS

Period of Performance: 09/05/2022 to 10/14/2022

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

Sponsored by GSA

FAR (48 CFR) 53.110

SOLICITATION NO.: 140A2322Q0566

FENCING INSTALLATION CEB

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TABLE OF CONTENT

SECTION B – PRICE SCHEDULE

B.1 REQUIRED WORK 6

B.2 PROJECT LOCATION 6

B.3 OFFEROR’S SCHEDULE 6

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF WORK (SOW) 7

SECTION D – PACKAGING AND MARKETING

D1. PACKAGING AND MARKETING 10

SECTION E – INSPECTION AND ACCEPTANCE

E.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE 11

E.2 DAILY REPORTING REQUIREMENT 11

E.3 FINAL INSPECTION 11

SECTION F – DELIVERIES OR PERFORMANCE

F.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE 12

F.2 52.211-12 LIQUIDATED DAMAGES-CONSTRUCTION 12

F.3 52.236-01 PERFORMANCE OF WORK BY THE CONTRACTOR 12

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 1452.201-70 AUTHORITIES AND DELEGATIONS 13

G.2 CONTRACT ADMINISTRATION - GOVERNMENT 13

G.3 CONTRACT ADMINISTRATION – CONTRACTOR 14

G.4 CONTRACTING OFFICER’S REPRESENTATIVE 14

G.5 INVOICE AND PAYMENT 14

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 TRIBAL TAXES, REQUIREMENTS AND/OR RESTRICTIONS 15

H.2 MODIFICATION PROPOSAL – COST BREAKDOWN 15

H.3 POST AWARD CONFERENCES – FIRM FIXED PRICE CONTRACTS 15

H.4 CHANGES 15

H.5 CONTRACT SAFETY PROGRAM REQUIREMENTS 15

H.6 SUBCONTRACT DATA 16

H.7 REQUIREMENT FOR EXECUTION OF SURETY BONDS 16

H.8 DETERMINATION AND EXTENSION OF CONTRACT TIME 16

H.9 HOURS AND DAYS OF WORK 17

H.10 CONTRACT SECURITY REQUIREMENTS 17

H.11 REAL ID ACT OF 2005 17

H.12 TEMPORARY FACILITIES 18

H.13 NON-COMPLIANCE WITH CONTRACT REQUIREMENTS 18

H.14 COVID-19 GUIDELINES 18

H.15 BACKGROUND INVESTIGATION 18

SECTION I – CONTRACT CLAUSES

I.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE 20

I.2 52.222-21 PROHIBITION OF SEGREATED FACILITIES 21

I.3 52.222-55 MINIMUM WAGES EXEECUTIVE ORDER 14026 21

I.4 52.225-9 BUY AMERICAN – CONSTRUCTION MATERIALS 25

I.5 52.225-11 BUYAMERICAN-CONSTRUCTION MATERIALS UNDER TRADE AGREEMENT 27

I.6 552.225-12 NOTICE OF BUY AMERICAN REQUIREMENTS – CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS 2.225-11 BUYAMERICAN-CONSTRUCTION MATERIALS UNDER TRADE AGREEMENT

I.7 52.232-36 PAYMENT BY THIRD PARTY 32

I.8 52.236-17 LAYOUT OF WORK 33

I.9 52.236-26 PRECONSTRUCTION CONFERENCE 33

I.10 52.252-6 AUTHORIZED DEVIATION IN CLAUSES 33

I.11 52.253-1 COMPUTER GENERATED FORMS 33

I.12 52.252-02 CLAUSES INCORPORATED BY REFERENCE 34

I.13 1452.228-70 LIABILITY INSURANCE 34

I.14 1452.280-3 INDIAN ECONOMIC ENTERPRISE SUBCONTRACTING LIMITATIONS 34

SECTION J – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J.1 ATTACHMENTS 36

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 52.252-01 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 37

K.2 52.203-2 CERTIFCATE OF INDEPENDENT PRICE DETERMINATION 37

K.3 52.204-3 TAXPAYER IDENTIFICATION 38

K.4 52.204-8 ANNUAL REPRESENTATION AND CERTIFICATIONS 38

K.5 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS 41

K.6 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS 43

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K.7 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS 45

K.8 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENTS-CONSTRUCTION MATERIALS 46

K.9 52.233-2 SERVICE PROTEST 47

K.10 52.252-02 CLAUSES INCORPORATED BY REFERENCE 47

K.11 1452.280-4 INDIAN ECONOMIC ENTERPRISE REPRESENTATION 47

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

L.1 52.205-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 48

L.2 52.216-1 TYPE OF CONTRACT 48

L.3 52.236-27 SITE VISIT (CONSTRUCTION) 48

L.4 52.236-28 PREPARATION OF PROPOSALSS – CONSTRUCTION 48

L.5 INSTRUCTION TO OFFERORS 49

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 BASIS FOR CONTRACT AWARD 52

M.2 EVALUATION 52

M.3 PRICE EVALUATION 52

M.4 TECHNICAL EVALUATION 53

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SECTION B: PRICE SCHEDULE

B.1 REQUIRED WORK

The proposed work consists of the contractor shall provide all labor, materials, transportation, supervision, and the proposed work consists of the contractor providing all labor, materials, transportation, supervision, and incidentals necessary to install a fence around Cheyenne Eagle Butte School in South Dakota, in the accordance with the Statement of Work.

Period of Performance: (30) calendar days from the issuance of the Notice to Proceed.

B.2 PROJECT LOCATION Project is located in Eagle Butte, South Dakota

B.3 OFFEROR’S SCHEDULE

OFFEROR’s SCHEDULE

Propose your best prices projects in accordance with the Statement of Work (SOW) and attachments. Price Proposals must be submitted following the price schedule/format herein. Incomplete price proposals will not be considered for award.

Price Schedule

DIRECT LABOR

Description of Goods or Services Qty Unit Price TOTAL COST ($)

Materials for Fencing to include:

1500 Ft

Clear, excavate & grub sights 1

Mobilization/Demobilization 1

SUB-TOTAL

OVERHEAD & PROFIT

BONDING

TERO TAXES

ALL APPLICABLE STATE TAXES

TOTAL

END OF SECTION B

ENDO

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SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE of WORK Cheyenne-Eagle Butte School Chain Link Fence

Removal & Installation

1.0 INTRODUCTION:

The Cheyenne-Eagle Butte (C-EB) School is a K-12 education system which operates on a multiple building campus located in Eagle Butte, South Dakota. The C-EB School is responsible for maintaining a safe and secure school campus for our staff and students.

2.0SCOPE OF WORK:

The Contractor will remove and dispose of the chain link fence that is currently in place around the C-EB School Campus. The Contractor will then supply all materials needed and install a new chain link fence that is 6 feet high with gates where needed.

3.0 PRE SUBMITTALS:

A. The Contractor shall submit a health and safety plan in accordance with 29 CFR 1910.120 that is protective of workers and the public.

B. Contractor shall provide a work schedule in accordance with FAR 52.236-15, Schedule for Construction Contracts. The Contractor shall, within five (5) after receipt of the award provide a work schedule showing the order in which the Contractor proposes to perform the work, from start to finish. The Work Schedule shall be approved prior to the commencement of work by the government COR and CO. It will be required that the Contractor and their staff complete the required background check before providing the service.

4.0 GENERAL INFORMATION

4.1 Place of Performance

Cheyenne-Eagle Butte School 2004 E Street Eagle Butte, SD – 57625

4.2 Hours of Operation

The C-EB School hours of operation are from 7:30 A.M. through 5:00 P.M. Monday through Friday.

4.3 Federal Holidays

Do not schedule work on Federal Holidays or days observed in lieu thereof. The Federal holidays listed below are observed. If a holiday falls on a scheduled serviced day, the Contractor will be responsible for rescheduling services.

New Year’s Day Labor Day Martin Luther King’s Birthday Columbus Day Presidents’ Day Veterans’ Day Memorial Day Thanksgiving Day Independence Day Christmas Day

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5.0 STATEMENT OF WORK:

5.1 The contractor shall furnish all labor, materials, employee training, services, insurance and equipment to perform the designated work and shall be responsible for the professional quality, technical accuracy, timely completion and restoration of the area.

Contractor will remove the current chain link fence

Contractor will supply all materials needed to install 1,500 feet of new 6 feet high chain link fence with gates where needed and requested by the C-EB School

Contractor will ensure the entire perimeter is fenced off and secure, Contractor will also ensure all gates are operating as needed.

Contractor will take any and all debris from the project as well as dispose of the old chain link fence and materials.

6.0CONTRACT ADMINISTRATION:

A. The contractor shall not perform work that is outside the SOW unless directed in writing by the

Contracting Office (CO). Any work done by the Contractor outside the SOW without direction from the Contracting Officer will be at the Contractor’s own risk.

B. The CO shall provide a Notice to Proceed (NTP) to begin performance of work after the contract has been awarded.

C. The Contractor shall accept directions only from the Contracting Officer or the duly authorized Contracting Officer's Representative (COR). Requests or desires of the Users or Using Agency made directly to the Contractor will be immediately brought to the attention of the COR. Any changes to the project scope or other provisions of this Statement of Work (SOW) must be authorized in writing by the CO.

D. Contractor shall notify Ashley Elk Nation at 605-964-8777 in scheduling an initial site visit and scheduling work. Ms. Elk Nation shall ensure that a School Maintenance Worker is present to accompany the contractor in accessing the campus.

E. Contracting Officer’s Representative (COR) for at the Cheyenne Eagle Butte School shall be designated for the administration of this contract. The COR shall coordinate schedule for each phrase, approve technical submittals, inspect work, monitor progress, accept completed work, review invoices, review change orders, and issue/receive Government Furnished Items. The Agency COR has the authority to direct the Contractor to stop performance of work if unsafe work conditions are observed.

F. Completed work shall be approved and signed off by the COR after the following are completed:

Final inspection performed by the COR/Maintenance Personnel and Contractor Warranty and operating manual are provided to the COR or Maintenance Personnel.

G. Any unsafe work practices shall be reported to the COR (605)964-8777 for immediate reconciliation.

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7.0 DELIVERABLE SCHEDULE

A. The Contractor shall commence work under this contract promptly, execute the work diligently, and achieve final completion and acceptance including final cleanup of the premises within the contract period specified.

B. Total period of performance shall be ____30____ DAYS from the date of Notice to Proceed.

END OF SECTION C

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SECTION D – PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

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

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

END OF SECTION D

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SECTION E – INSPECTION AND ACCEPTANCE

E.1 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 address: https://www.acquisition.gov/far

CLAUSES TITLE DATE

52.246-12 Inspection of Construction AUG 1996 52.246-13 Inspection – Dismantling, Demolition, or Removal of Improvements AUG 1996

E.2 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.

E.3 FINAL INSPECTION

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

B. The Contractor and the Contracting Officer’s Representative will jointly conduct a pre-final inspection prior to requesting a final inspection. Any item needing correction shall be noted on the Pre-Final Inspection Punch List. Any discrepancies noted will be corrected prior to any final inspection. The Contracting Officer Representative may schedule more than one pre-final inspection if he determines it necessary.

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

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

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

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

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

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

END OF SECTION E

https://www.acquisition.gov/far

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SECTION F -- DELIVERIES OR PERFORMANCE

F.1 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 address: https://www.acquisition.gov/far

CLAUSES TITLE DATE

52.211-18 Variation in Estimated Quantity APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.242-14 Suspension of Work APR 1984 52.242-15 Stop-work Order AUG 1989 52.242-17 Government Delay of Work APR 1984

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK Apr 1984

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 (Thirty) calendar days. The time stated for completion shall include final cleanup of the premises.

F.3 52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION Sept 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 $50.00 for each calendar day of delay until the work is completed or accepted.

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

F.4 52.236-01 PERFORMANCE OF WORK BY THE CONTRACTOR APR 1984

The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifteen percent (15%) of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government. (End of clause)

END OF SECTION F

https://www.acquisition.gov/far

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SECTION G: CONTRACT ADMINISTATION DATA

G.1 1452.201-70 AUTHORITIES AND DELEGATIONS SEP 2011

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

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

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

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

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

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

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

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

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

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

(d)The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

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

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

G.2 CONTRACT ADMINISTRATION - GOVERNMENT

All administrative questions shall be directed to only electronic copies will be accepted:

Mary Jane Johnson, Contracting Officer BIE- Division of Acquisition Operations 1011 Indian School RD NW Albuquerque, New Mexico 87104 Telephone No.: (505) 803-4259 Email: maryjane.johnson@bie.edu mailto:maryjane.johnson@bie.edu

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G.3 CONTRACT ADMINISTRATION - CONTRACTOR

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

Company Name: __________________________________________

POC: ___________________________________________

Address: ____________________________________________

Telephone No. ____________________________________________

G.4 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.

G.5 INVOICE AND PAYMENT

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

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

Treasury's Invoice Processing Platform System (IPP).

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

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice [CO to edit and include the documentation required under this contract]:

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

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production. Helpdesk via email ippgroup@bos .frb.org or phone (866) 973-3131.

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

END OF SECTION G

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SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1 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 bid.

B Offerors are responsible for contacting the Office of the TERO Tax Commission and the Office of Labor Relations for tribal taxes. Current available information is identified at this link http://aiebc.org/801/tero/ for more information on American Indian Enterprises & Business Council.

H.2 MODIFICATION PROPOSAL - COST BREAKDOWN

The Contractor, in connection with any proposal he makes for a contract modification, shall furnish a price breakdown, itemized as required by the Contracting Officer (CO). Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment, subcontract, and overhead costs, as well as profit, and shall cover all work involved in the modification, whether such work was deleted, added, or changed. Any amount claimed for subcontractors shall be supported by a similar price breakdown. In addition, if the proposal includes a time extension, a justification thereof shall also be furnished. The proposal, together with the price breakdown and time extension justification, shall be furnished by the date specified by the Contracting Officer.

H.3 POST AWARD CONFERENCES – FIRM FIXED PRICE CONRACTS

The Contracting Officer shall conduct monthly post award meetings with the contractor and the Contracting Officer’s Representative (COR). Discussions at these meetings will center on the contractor’s performance to determine if the contractor is meeting and performing in accordance with the contract terms and conditions. The Contracting Officer will ensure that minutes of the meetings are taken, and copies provided to attendees.

H.4 CHANGES

The contractor shall not perform any of contingent sum work, until the Contracting Officer issues a modification authorizing performance of work in accordance with FAR clause 52.243-04, Changes and 52.243-5, Changes and Changed Conditions.

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

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

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

H.5 CONTRACTOR SAFETY PROGRAM REQUIREMENTS

The Contractor shall establish a safety program, which is consistent of FAR Clause 52.236-13 and also shall include at a minimum the following requirements.

A. Safety Program Submittal: Within 10 days following the awarding of a contract, the Contractor shall submit in writing to the Contracting Officer a proposed comprehensive safety program for approval. The Contractor’s http://aiebc.org/801/tero/

P a g e 16 | 53 safety program shall detail policies, procedures and plans that will be implemented to ensure the safety and health of employees and visitors at the job site. The Contractor shall prepare a list of major hazards associated with the contract work and provide in the safety program means to minimize the hazards.

B. Pre-Construction Safety Meeting: Representative of the Contractor shall meet with the Contracting Officer’s Representative and the Contracting Officer prior to the start of construction to review the safety program and discuss implementation of the health and safety provisions pertinent to the work under this contract. The Contractor should be prepared to discuss, in detail, the measures to be taken to control the hazards associated with the major phases of the work under this contract. This meeting shall be devoted mainly to a discussion of the manner in which the Contractor intends to administer the health and safety program, delegation of responsibility for implementing the program, and determination of what shall be presented in the written safety program.

C. Contractor Housekeeping Requirement: Good housekeeping, including provision and facilities for routine scrap removal, shall be maintained in all areas within the Contractor’s scope of operations. Any and all garbage shall be stored and removed to an approved dumpsite as specified by the permitting Agency. The construction yard(s) shall be restored to their natural condition or better as required by the permitting requirements and in accordance with Tribal, State, and Federal Law (i.e. applicable OSHA construction standards).

D. Contractor Contamination Requirement: Handling, storage, and disposal of toxic materials of any nature shall be carried out in a manner so as not to contaminate or pollute public and/or private property, water supplies, rivers, lakes, reservoirs, streams, or the atmosphere. Disposal of all materials, including waste, garbage, and sewage, shall comply with all local, tribal, state and federal regulations (i.e. Clean Air and Water Act).

E. Weekly/Bi-Weekly Status Update Meetings: Contractor will also be required to host status weekly or bi-weekly meetings with the COR and other interested parties (CO may or may not be in attendance). Following each meeting the minutes will be provide to the COR and CO. Also, a written status weekly report will be provided to the COR and CO, for file documentation.

H.6 SUBCONTRACT DATA

A 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 begiven copies of Form SF 1413 after award of a contract. Completing this form creates no contractual relationship between subcontractors and the Government.

H.7 REQUIREMENT FOR EXECUTION OF SURETY BONDS

Each surety company bond (performance and payment) which purports to have been executed by an agent or attorney-in-fact, for the corporate surety, is required to have submitted within a power of attorney to the signatory agent or attorney-in-fact, and executed by the corporate surety upon a date reasonable approximately to the date of the bond.

Such power of attorney shall in each instance be retained with the bond.

A. Bid Bond –Due at the time of award.

B. Performance Bond – The amount of the performance bond shall be 100% of the original contract price.

C. Payment Bond – The amount of the payment bond shall be 100% of the original contract price.

D. Individual Surety – The bidders shall comply with FAR Clause 52.228-11, Pledges of Assets.

H.8 DETERMINATION AND EXTENSION OF CONTRACT TIME

The calendar days, stated under Section F.1 – FAR 52.211-10, allowed for the performance of the contract is based upon the work to be performed and weather conditions that are normally anticipated in the area that may prevent work.

Request for time extensions because of weather conditions shall not be granted except in the case of unusually severe weather or “Act of Nature” unanticipated by this contract.

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H.9 HOURS AND DAYS OF WORK

A. The performance time allowed under this contract is based on a forty-hour workweek. The Contractor shall provide a minimum 10-calendar day written advance notice to the Contracting Officer of the actual work schedule, affording adequate opportunity to respond and to schedule Government personnel. Work on Saturdays, Sundays, Government and/ or Tribal holidays is not contemplated, however the Contractor shall make every effort to inform (in writing) the Government of his intentions concerning work on weekends and/or holidays (at least 10 calendar days in advance) so that the Government may accommodate the work (requiring inspection and/or oversight) or respond otherwise.

The Contractor is required to update his construction schedule and submit (to the CO) for review and approval if the work outside the normal 40 hours work week exceeds 2 weeks and it must be approved prior to the work beginning.

B. In no case shall work be performed on holidays and/or weekends without the approval of the CO. The Contractor shall be allowed to work on items of this contract that do not require government inspection and/or oversight at any time including Saturdays, Sundays, and holidays during the construction period shown herein provided the Contractor inform the CO in writing within the time frame specified above. Any costs associated with government inspections and/or oversight on weekends and holidays, or as a result of contractor induced delays or mistakes in the work, shall be deducted from the progress payments in accordance with 4(C) below.

The Contractor may dispute the deductions, in writing, to the Contracting Officer in accordance with 4(C).

Any quantities of work (as reflected in the bid schedule) that is completed outside the normal work week shall be measured and paid for at the contract unit price bid provided the work meets the requirements of this contract. However, with respect to the quality control item unless agreed to by the CO in writing quality control hours incurred as a result of contractor induced delays or mistakes will not be paid for.

C. The COR shall prepare a detailed breakdown of government expenses incurred as a result of government personnel working in excess of the normal 40 hour work week to accommodate the contractor and shall submit this report to the CO (with a copy to the contractor) for reimbursement through a progress payment adjustment.

The CO shall notify the contractor 10 working days in advance of making the adjustment in the next progress payment so that the Contractor is given the opportunity to review the report and any expenses claimed. Should the Contractor dispute the government expense report, the disputed items shall be submitted to the CO in writing within the time frame given by the CO and the CO shall make a final determination (within 20 working days of receipt of the disputed items).

D. The Contractor shall submit to the CO the name and legal address of each supervisor to be employed under this contract prior to his entrance on duty. Copies shall be provided to the CO for their records.

H.10 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 school 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/BIE 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/BIE facility may be denied. Special security provisions may apply to some task orders. Employees may be required to submit to a background check and be United States citizens.

H.11 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

P a g e 18 | 53 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#

H.12 TEMPORARY FACILITIES

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

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

C. WATER AND ELECTRICITY: Water and 120V electricity may be available at no cost to the Contractor.

Should water and electricity be available contractor, the Contractor will bear connection costs. Cost of these utility connections and disconnections is the responsibility of the Contractor.

H.13 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.

H.14 COVID-19 GUIDELINES

The following guidelines will be adhered to at all BIE Schools 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.

H.15 BACKGROUND INVESTIGATION

In accordance with 25 U.S.C. § 3201 et seq. (Pub. L. 101-630), the Indian Child Protection and Family Violence 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 the contract’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 http://www.dhs.gov/real-id-enforcement-brief

P a g e 19 | 53 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 unfavorable screening (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 is made, 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 in the BIE BEARCUBS system, which includes but is not limited to appropriate investigative forms and/or inquiries about their previous investigation; and, obtain a screening (applicant and suitability) determination, and subsequent final background investigation.

END OF SECTION H

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SECTION I -- CONTRACT CLAUSES

I.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE

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): https://www.acquisition.gov

CLAUSES TITLE DATE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity MAY 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020 52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights

JUN 2020

52.204-4 Printed or Copied Double-Sided on Recycled Paper MAY 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUN 2020 52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirement OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment

NOV 2021

52.204-26…