Sol_140A2322R0004.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)

0040556678

Indian Education Acquisition Office

1011 Indian School Rd.

Suite 352A Albuquerque NM 87104

A23

CHARMAINE WILLIAMS-JAMES 5058034266

1x 11/04/2021

140A2322R0004

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

FIXED PRICE CONSTRUCTION CONTRACT FOR INSTALLATION OF CIRCULAR RAPID FLASH BEACON

(CRFB) CROSSWALK SYSTEM AT THE BIE-TUBA CITY BOARDING SCHOOL, TUBA CITY, ARIZONA.

CONTRACTOR SHALL PROVIDE SERVICES CONSISTINGOF FURNISHING ALL LABOR,MATERIALS,

SUPERVISIONS, AND INCIDENTIALS NECESSARY IN

ACCODANCE WITH THE STATEMENT OF WORK.

-TABLE OF CONTENTS

SECTION A - CONTRACT FORM

SECTION B - SUPPLIES OR SERVICES AND PRICES (BID SCHEDULE)

SECTION C - DESCRIPTION AND SPECIFICATIONS

SECTION D - PACKING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES AND PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

SECTION J - LIST OF ATTACHMENTS

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

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 90 calendar days and complete it within ________________ ________________ calendar days after receiving

SEE FAR CLAUSE 52.211-10

11/12/2021

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

Indian Education Acquisition Office 1011 Indian School Rd.

Suite 352A Albuquerque NM 87104

A23

CHARMAINE WILLIAMS-JAMES

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 71

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A2322R0004

SECTION M - EVALUATION CRITERIA

TOTAL SMALL BUSINESS SET ASIDE, PROPOSAL WILL BE

ACCEPTED ONLY FROM TOTAL SMALL BUSINESS VENDORS.

PERIOD OF PERFORMANCE DATES ARE TENTATIVE UNTIL

THE NOTICE TO PROCEED IS ISSUED.

IN ACCORDANCE WITH FAR 36.204 DISCLOSURE OF THE

MAGNITUDE OF CONSTRUCTION PROJECT IS ESTIMATED

SHOULD BE IN THE FOLLOWING PRICE RANGE OF

(b)Between $25,000 and $100,000.

Legacy Doc #: IA

Delivery: 05/31/2022

Delivery Location Code: 0009062084

BIE TUBA CITY BOARDING SCHOOL

PO 187

306 Main Street

TUBA CITY AZ 86045 US

FOB: Destination

00010 Crosswalk Signage Project 1 EA

Product/Service Code: 6310

Product/Service Description: TRAFFIC AND TRANSIT

SIGNAL SYSTEMS

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

Sponsored by GSA

FAR (48 CFR) 53.110

SOLICIATION NUMBER: 140A2322R0004

Installation of circular rapid flash beacon (CRFB)

SECTION B – PRICE SCHEDULE

B.1 INSTRUCTION TO OFFERORS

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

B. Contract Award: Award will be made against the Department of the Interior, Bureau of Indian Education, Office of Acquisitions. Award will be made to the lowest priced offeror, whose proposal is conforming to the requirements herein, will be most advantageous to the Government, and is fair and reasonable. This will be a Fixed Price Contract. Thus, the Government reserves the right to make award to the lowest price proposal that is in the best interest to the Government.

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

B.2 REQUIRED WORK

The proposed work consists of furnishing all labor, materials, equipment, supervision, and incidentals necessary to perform installation of circular rapid flash beacon (CRFB) at the BIE-Tuba City Boarding School, Tuba City, Arizona in the accordance with the Statement of Work.

a. Period of Performance: 90 Calendar days from the issuance of the Notice to Proceed

PROJECT LOCATION: Project is located at: BIE-Tuba City Boarding School

P.O. 187, 306 Main Street Tuba City, Arizona 86045

B.3

B.4 OFFEROR’S SCHEDULE

OFFEROR’s SCHEDULE

The Offeror must be submitted a complete breakdown of your total price please include the Unit Price Schedule (included but not limited to all supplies, materials, and transportation of materials needed to complete each job).

The Contractor shall furnish all materials, equipment and personnel necessary to

01 installation of circular rapid flash beacon (CRFB) per the SOW, CRFB flashing beacon system with solar power and back-to-back signal head assemblies, Signs are also back-to-back.

80SPXMRRF030G-1-1BXB, 30W Solar PED- X RRFB crosswalk master unit with 30W top of pole solar array, 1B enclosure with pole mounts and #2 lock, wiring package including RF cable and antenna kit, control panel with solid-state charge/load control and XB radio/logic package, RRFB control module with select switches, one sealed 56Ah battery, 1 Job $ security hardware kit, Bulldog Ped button assembly with 5x7.75” station, and documentation(One required per site) QTY1;

80SPXSRRF030G-1-BXB, 30W Solar PED-X RRFB crosswalk slave unit with 30W top of pole solar array, 1B enclosure with pole mounts and #2 lock, color-coded wiring package including RF cable and antenna kit, control panel with solid-state charge/load control and radio/logic package, RRFB control module with select switches, one seated 56Ah battery, security hardware kit, Bulldog Ped button assembly with 5x7.7.5” station, and documentation (one required per site) QTY1 80BKCRFB-T2, Type 2 Circular Rapid Flash Beacon assembly with dual 12” amber DC LED lamps w/196 elements per lamp, 10” mounting arm assembly, malleable T-fitting, yellow poly signal heads with ball cap visors, red pedestrian confirmation lamp installed and wired on one head, universal hub plate with short nipple, and instructions (one per power system required) – QTY2 80BKCRFB-T1, Type 1 Circular Rapid Flash Beacon assembly with dual 12” amber DC LED w/196 elements per lamp, 10” mounting arm assembly, malleable T-fitting, yellow poly signal heads with ball cap visors, universal hub plate with short nipple, and instructions (one per power system required) – QTY-2 80MODIFY, Modification to above beacon kits to configure for B2B signal mounting includes swap out of universal hubs to one-way hubs with B2B mounting hardware-QTY 2 80SALPKT15, 15” spun aluminum pole kit with 14’ spun aluminum SCH 40 pole, square aluminum breakaway base with high neck, ¾” X 18” galvanized L-anchor bolts and instructions – QTY 2 Sign package- 82SGNW11236-DG1, 36’x36” PED XING sign, type W11-2 on yellow diamond grade sheeting, 0.08” thick aluminum blank, black walking man figure and black boarder-QTY-4 82SGN167PL1224-DG1, Left arrow Ped sign indication on 0.08” thick aluminum blank with diamond grade yellow sheeting with black symbol and boarder, 12x24” – QTY-2 82SGN167PR1224-DG1, Right arrow Ped sign indication on 0.08” thick aluminum blank with diamond grade yellow sheeting with black symbol and boarder, 12x24” – QTY 2 82SH0206, sign mounting kit, U-bolt type sign mounts for 4.5” O.D. pole, 2 per kit, aluminum with stud for sign mount – QTY 4 80MISCOMP1, B2B sign mount hardware kits for signs – QTY 8 Concrete 1.5 CY Sonotube 2ftx4ft #4 Ufer Ground Wire Bobcat with 2’ Auger Bit Fuel/Time

Subtotal $

General Contractor’s Overhead $

Navajo Nation Taxes (6%) $

All State Taxes $

TOTAL $

B.5 Miscellaneous Work: The contractor shall not perform any of contingent sum work, until the Contracting Officer issues a contract modification authorizing performance of work in accordance with FAR Clause 52.243- 04, Changes, and FAR Clause 52.243-05, Changes and Changed Conditions; and subject to availability of funds, FAR Clause 52.232-18, Availability of Funds.

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

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

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

END OF SECTION B – PRICE SCHEDULE

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

STATEMENT OF WORK

INSTALLATION OF CIRCULAR RAPID FLASH BEACON (CRFB) CROSSWALK SYSTEM

TUBA CITY BOARDING SCHOOL

TUBA CITY, ARIZONA

Part 1 - Background: Arizona Navajo North Agency, Bureau of Indian Education (BIE), Facility Management need to install a crosswalk system at the SE corner (Main Street) of campus for the safety of the walk-in students who attend Tuba City Boarding School.

Purpose:

Due to the Coronavirus pandemic, there is a possibility that more students who live locally in Tuba City, may walk to school instead of relying on school bus system to help prevent the spread of the Covid-19 virus. Installation of a Crosswalk system will provide a safe alternative for students who walk to school to cross the street on a major, busy roadway. The installation of a Circular Rapid Flash Beacon (CRFB) crosswalk system will provide BIE teachers, students and school administrators a safe alternative route to their educational facility.

Project Location:

The project is located on the Navajo Indian Reservation at the BIE, Arizona Navajo North Agency, Tuba City Boarding School (TCBS), Tuba City, Navajo County, Arizona.

Site Visit:

The Contractor is strongly encouraged to conduct a site visit during the bidding process at no cost to the Government via advanced arrangements with the following BIE, Tuba City Boarding School personnel:

Edward Folgheraiter, School Facility Manager, Telephone Numbers: (928) 283-2330 X 1811,

(928) 856-4474 BIE, Arizona Navajo North Agency TCBS Facilities Management Office Tuba City, Arizona

Statement of Work:

The Contractor shall furnish and pay for all supervision, labor, equipment, tools, and materials, in performing all operations and construction/installation of new parts, solar panels, cables, antenna kits, poles, pole mounts, beacons, battery, signage, sensors, concrete, wire, tools, equipment, transportation, insurance, Arizona Gross Receipt taxes, Navajo Nation Business Activity taxes at 6%, and other necessary incidentals for improvement and fixture installation requirements.

The Contractor will be responsible to pay for all local, State and Navajo Nation construction permits as required.

The successful Contractor will conduct a site visit and participate in pre-construction meeting with the Contracting Officer (if BIA CO accepts the project) and BIE Facility Management staff to review and discuss the contract work requirements.

The Contractor must establish a Safety and Health Program in accordance with current OSHA regulations for compliance by his employees working at the project site during the construction phase. Proper PPE must be worn during the entire duration of the project while on site.

The Contractor will be responsible to install barricades and signage to warn employees and the general public of the on-going construction work.

Contractor shall be responsible to contact the local police department for any additional assistance with the safe flow of traffic during construction.

Any work, identified above, shall be performed by Service Contractor/Vendor. Any unforeseen circumstances that require additional funding needs to get approval from contracting official.

Contractor must be licensed contractor.

Contractor must have an active DUNS number Note that warranty of construction shall be no later than one (1) year after final acceptance of the work. Contractor shall remedy at his own expense any failure of the work to conform to the SOW and any defects of materials, workmanship, provide that the Government gives the contractor notice of such failure or defect within a reasonable time after receipt of notice thereof, the Government shall have the right to replace, repair, or otherwise remedy such failure of the defect at the contractor’s expense.

Codes and Standards:

The Contractor shall comply with all applicable safety codes and standards, mandated and adopted safety and accessibility codes, standards, and policy applicable to the BIA/BIE. The Contractor will be required to develop a Covid-19 Compliance Plan and submit the plan for review and approval by the designated BIE COR. The Contractor shall implement this plan for use at the project site during construction.

a. The Contractor’s Superintendent shall perform daily sign-in and sign-out procedures at the Facility Management Office. This requirement is due to the Covid-19 pandemic.

b. No Alcohol, drugs, or tobacco products is allowed on TCBS Campus

Construction Performance Time:

Construction shall commence after all material submittals have been reviewed and approved by the BIE designated COR.

Duration for construction shall be Ninety (90) Calendar days from the date Notice to Proceed is issued.

b. The Contractor may begin submitting materials to the COR for review and approval upon notice of contract award.

The construction will begin when all materials are approved and upon issuance of Notice to Proceed by the Contracting Officer. The Contractor may not begin construction activities until Notice to Proceed is issued and all materials are approved by the designated COR.

c. Contractors will work from 8 a.m. to 5 p.m. Monday thru Friday. Any work during Holidays will not be allowed.

Quality Control:

The Contractor must establish a quality control program and provide a copy of the program to the designated COR for review. The inspection system will cover all the work stated in the contract to include a checklist to inspect contract performance during regular scheduled or unscheduled inspections; and the name(s) of the individual(s) who will perform the inspection. The Contractor will maintain a file of all inspections conducted by the Contractor or associated utility companies and will document corrective actions taken. This documentation must be made available to the CO and COR during the term of the contract.

a. Source Limitations: Provide products of same manufacturer for each type of accessory unit and for units exposed to view in same areas unless otherwise approved by the engineer/architect.

Part 2 - Products

Recommended Materials: The Contractor shall comply with the government’s requirement to install OEM parts.

Part 3 - Execution

Demolition and Preparation of surfaces:

a. Demolish in an orderly and careful manner as required to accommodate new work. Clean areas worked each day prior to leaving project areas. Complete demolition work to cause as little inconvenience as possible to pedestrians using the sidewalk/walkways.

b. Perform demolition in accordance with applicable authorities having jurisdiction. The Contractor shall except where noted otherwise take possession of materials being demolished. All salvageable items not otherwise noted or indicated become the property of the Contractor. Remove all materials from the site and dispose at an EPA- Approved landfill off the Navajo Nation lands.

c. The Contractor is prohibited from depositing construction debris into dumpsters assigned to the school or staff housing area. Burning of material on site is not permitted under any circumstances.

d. Patch and repair construction and finish where materials or fixtures are removed or altered. Where cutting and/or removal of existing materials or construction results in unfinished and/or damaged surfaces not scheduled for application of new finish materials, patch, fill or otherwise prepare surfaces and finish to match adjacent undisturbed existing surfaces (surrounding construction).

Installation:

a. Install fixtures level, plumb, and firmly anchored in locations and at heights indicated. Comply with manufacturer’s written installation instructions.

END OF STATEMENT OF WORK

SECTION E – INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION AUGUST 1996

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government.

All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

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

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re- inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

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

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

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

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

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

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

E.2 DAILY REPORTING REQUIREMENT

A. The Contractor shall prepare and file a "Contractor's Daily Report", for each day of contract performance. Description must include contract number and work being performed. These reports shall be delivered to, or if directed, mailed to the Contracting Officer’s Representative on Fridays.

The daily report shall include the name of Contractors and Subcontractors on-site, the number of workers and their labor categories employed on-site, the work being performed, the type of equipment on-site, any change order work being performed, and whether the work being performed is on schedule. Reports shall be numbered, dated and signed by the Contractor or his Project Manager. Failure to submit the daily reports could result in payments being withheld until such time as all daily reports are current.

E.3 FINAL INSPECTION

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

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

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

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

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

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

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

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

END OF SECTION E – INSPECTION AND ACCEPTANCE

SECTION F -- DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK APRIL 1984

The Contractor shall be required to (a) commence work under this contract receipt of the award, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than thirty (30) calendar days. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F.2 52.211-13 TIME EXTENSIONS SEPTEMBER 2000

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

F.3 52.211-18 VARIATION IN ESTIMATED QUANTITY APRIL 1984

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit- priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

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

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

F.5 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APRIL 1984

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

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

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

F.6 52.242-14 SUSPENSION OF WORK APRIL 1984

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

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or

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

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

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

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

F.7 CONTINUITY OF FACILITIES OPERATION

Schedule work to minimize interference with any on-site housing residents and the facilities normal operations. Notify the Contracting Officer and Project Manager 24 hours in advance of any shutdowns. Perform all on-site work between the hours of 7:00 AM and 5:00 PM, Monday through Friday (Federal Holidays excluded), unless otherwise approved by the Contracting Officer.

(End of Local Clause)

F.8 RECYCLING AND DISPOSAL OF REFUSE

With the exception of materials specifically indicated or specified to be salvaged for reuse in construction, or turned over to the Government, all refuse, excess or waste materials resulting from construction operations shall become the property of the Contractor and shall be recycled and/or disposed of off Government property. All disposal shall be done in accordance with federal, state, and local laws and regulations.

END OF SECTION F – DELIVERIES OR PERFORMANCE

SECTION G – CONTRACT ADMINISTATION DATA

1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

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.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

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

(f) 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.1 CONTRACT ADMINISTRATION – GOVERNMENT

All administrative questions shall be directed to the below:

Charmaine Williams-James, Contracting Officer 1011 Indian School Rd NW Albuquerque, NM 87104 Phone: 505-803-4266 Email: charmaine.williams-james@bie.edu

G.2 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:

mailto:charmaine.williams-james@bie.edu

Point of Contact:

Email:

Address:

Telephone Number:

G.3 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.4 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.

G.5 INSTRUCTIONS FOR SUBMITTING MATERIAL APPROVALS

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

Corrected O&M Manuals must be received by the Government prior to the Final Inspection.

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

END OF SECTION G – CONTRACT ADMINISTATION DATA

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

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1 WORK OUTSIDE REGULAR WORK HOURS

If the contractor desires to perform work under this contract outside regular work hours or on Saturdays, Sundays or holidays, he shall apply, in writing, to the Contracting Officer no less than 10 calendar days prior to the planned start of such work. Regular work hours are, for the purpose of this clause, those hours the activity or Command where the work is to be performed normally works on a day-by-day basis.

Application by the Contractor does not imply consent by the Government. Each application will be considered, and a decision made, on the potential benefit of permitting such work. Approval of a Contractor's application under this clause will be, unless otherwise agreed in writing, at no additional cost to the Government.

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

All designs, drawings, specifications, notes and other works developed in the performance of this contract shall become the sole property of the Government and may be used on any other design or construction without additional compensation to the Contractor. The Government shall be considered the "person for whom the work was prepared" for the purpose of authorship in any copyrightable work under 17 U.S.C.

201(b). With respect thereto, the Contractor agrees not to assert or authorize others to assert any rights nor establish any claim under the design patent or copyright laws.

H.3 REQUIRED INSURANCE

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

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

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

(c) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

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

H.4 VOLATILE ORGANIC COMPOUNDS (VOC) COMPLIANCE PLAN

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

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

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

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

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

(ii) The rule governing its use;

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

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

H.5 WAGE RATES

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

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

H.6 CERTIFICATION OF PAYMENTS-RELEASE OF CLAIM

The Contractor, prior to receiving a progress or final payment under this contract, shall submit to the Contracting Officer a certification that the Contractor has made payment from proceeds of prior payments, or that he will make timely payment from the proceeds of the progress or final payment then due him, to his subcontractors and suppliers in accordance with his contractual arrangements. The Contractor shall submit to the Contracting Officer, together with his request for final payment, a properly executed Contractor's Release form. Failure to submit this completed release shall result in delay of final payment.

H.7 SUBCONTRACT DATA

The Contractor shall submit an executed Statement and Acknowledgment Standard Form 1413, to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be done before the subcontractor begins work.

This form provides an acknowledgment by the subcontractor that mandatory "flow-down" contract clauses have been included in his contract in accordance with FAR Clause 52.222-11. The Prime Contractors will be given copies of Form SF 1413 after award of a contract. Completing this form creates no contractual relationship between subcontractors and the Government.

H.8 CONTRACTOR SECURITY REQUIREMENTS

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

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

H.9 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.