Sol_140A2322R0019.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)

0040555436

Indian Education Acquisition Office

1011 Indian School Rd.

Suite 352A Albuquerque NM 87104

A23

Mary Jane Johnson 5058034259

1x 02/09/2022

140A2322R0019

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

THIS IS A SOLICITATION REQUESTING A PROPOSAL FOR A FIRM FIXED PRICE CONTRACT FOR THE

REMOVAL AND REPLACEMENT OF PAVEMENT ASPHALT FOR THE NORTH PARKING LOT AT TURTLE

MOUNTAIN MIDDLE SCHOOL IN BELCOURT, NORTH 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 - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

- 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 60 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

03/22/2022

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 35

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A2322R0019

THIS IS AN INDIAN SMALL BUSINESS ECONOMIC

ENTERPRISE (ISBEE) SET ASIDE.

THE MAGNITUDE OF THE CONSTRUCTION PROJECT IS

BETWEEN $250,000.00 TO $500,000.00.

Asphalt Removal, Prep and Hot Mix Asphalt for

Turtle Mountain Middle School Parking Lot in

Belcourt, ND.

Legacy Doc #: IA

Delivery: 60 Days After Notice to Proceed

Delivery Location Code: 0009061866

BIE TURTLE MTN MIDDLE SCHOOL

1330 Braves Blvd

P.O. Box 440

BELCOURT ND 58316 US

Period of Performance: 04/18/2022 to 06/20/2022

00010 Asphalt Removal, Prep and New Asphalt

Product/Service Code: Y1LZ

Product/Service Description: CONSTRUCTION OF

PARKING FACILITIES

COR: Jacqueline E. Mundy, Phone: (701) 477-6471 ext. 3253

CO: Mary Jane Johnson, Phone: (505) 803-4259

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

Sponsored by GSA

FAR (48 CFR) 53.110

SOLICITATION NO.: 140A2322R0019

CONSTRUCTION OF PARKING LOT PAVEMENT

PART I – THE SCHEDULE

SECTION B: SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 REQUIRED WORK:

a. The proposed work consists of furnishing all materials, supplies, incidentals, labor, equipment, and supervision necessary for the pavement of the north parking lot at Turtle Mountain Middle School in Belcourt, North Dakota, in the accordance with the Statement of Work.

b. Period of Performance: 60 Calendar days from the issuance of the Notice to Proceed.

B.2 PROJECT LOCATION:

Turtle Mountain Middle School 1330 Braves Blvd.

Belcourt, North Dakota 58316 Phone: (701) 477-6471 ext. 3253 or (701) 550-1935 (Curt Keplin)

B.3 OFFEROR’S SCHEDULE:

The Offeror must submit a complete breakdown of the total price, including the Unit Price Schedule (included but not limited to all supplies, materials, and transportation of materials needed to complete each job)

END OF SECTION B

DIV ITEM UNIT PRICE QTY UNIT TOTAL PRICE

1. Asphalt Removal $ 1 JOB $

2. Subgrade Prep $ 1 JOB $

3. Asphalt Hot Mix $ 1 JOB $

General Contractors Profit: $

Subtotal: $

Bonding: $

Applicable TERO Fees: $

All Applicable Taxes: $

TOTAL: $

SECTION C: DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Turtle Mountain Middle School Asphalt Removal, Prep & New Asphalt North Parking Area

C.1 SCOPE OF WORK:

The contractor shall furnish all materials, supplies, incidentals, labor, equipment, and supervision necessary to remove old asphalt and prepare and apply asphalt hot mix on the north side of the Turtle Mountain Middle School Parking Lot.

C.2 SPECIFIC REQUIREMENTS:

a. The contractor shall remove the existing concrete curbing on the north side of the asphalt parking area.

b. The contractor shall remove the existing surface (approximately 12 inches), prepare the area for proper grading and sloping, fill in the area with sub base and compact, and proof roll the sub base.

c. The contractor shall mill the existing asphalt pavement in the parking area 1” deep and 3 feet wide along the curbing and edging of the main parking area.

d. The contractor shall clear the asphalt pavement parking area of all milled debris on the surface and between the crevices.

e. The contractor shall prepare the parking area by thoroughly sweeping the parking area of all loose sand and debris.

f. The approximate square footage for the northwest dirt area and the existing asphalt parking area is 1400 yards.

g. The contractor shall apply a tack coat over the entire prepared parking area before applying the asphalt overlay.

h. The contractor shall install and compact hot mix asphalt at a depth of 4 inches unless otherwise noted. The contractor shall install asphalt to ensure the transition joints are not excessive and a good quality ride is provided when finished. The results of the installation of the asphalt shall provide and even transition with the existing area. No more than one-quarter (1/4) inch difference in height shall be allowed for the transition of the two areas. The maximum allowable depth for any single application of asphalt shall not exceed 1.5 inches.

i. The contractor shall comply with the American Society for Testing and Materials (ASTM D113, D2041, D2726, D5444, D6307 and D6938) Standards for asphalt.

C.3 GENERAL REQUIREMENTS:

a. DEMOLITION: The contractor shall be responsible for the disposal of all materials and refuse generated through the demolition work required by this project. The contractor shall dispose of (including recycling) all material and refuse off school grounds and tribal lands to an ND State approved disposal site.

b. WORKING HOURS: Work hours for this project shall be performed during normal duty hours of 7:00 am to 7:00 pm each day unless other arrangements are made between the prior to the start of work.

c. SAFETY: The contractor shall adhere to all BIA/BIE adopted codes and the contractor shall abide by all OSHA regulations while on school grounds and shall review all applicable safety regulations before beginning the project. The contractor shall provide signs, barriers, and or caution tape as a safety precaution around the work site. The contractor shall have a fall protection plan if workers are to be preforming duties above six (6) feet from the ground or finished floor. The contractor shall bear sole responsibility of taking all appropriate actions necessary to prevent accidents, injuries to individuals and damage to property in and around the work area.

d. BACKGROUND INVESTIGATION: The awarded contractor shall provide a designated individual(s) from their company who will be subject to a BIA Security Background Investigations in accordance with Section 231 of the Crime Control Act of 1990, Public Law 101-647.

Background Investigation forms will be provided at the pre-construction meeting. The person with a cleared background check needs to be present at all times.

e. ACCESS: BIE Facility Management personnel is responsible for providing access to the Turtle Mountain Middle School in accordance with BIE policy. The contractor shall minimize disruption of classroom instructions and normal school activities expected in such areas.

f. DAMAGES: Where existing surfaces are damaged the contractor shall repair and finish, matching existing structure. The contractor shall be responsible for replacement of any items (interior or exterior) damaged during the performance of this project.

g. CLEANING: The Contractor shall keep the work area reasonably clean at all times. Contractor shall accomplish a complete cleanup at the end of the project. The Contractor shall properly dispose of all debris at an approved dumping site.

h. PERFORMANCE: Performance time for this project is 60 Calendar Days from Notice to Proceed.

All work shall be completed in a professional manner and without delay once the on-site work is started. The time stated for completion shall include final cleanup of the premises.

i. SALVAGE: All salvageable materials and equipment shall be the property of the contractor unless otherwise noted in the Statement of Work and/or drawings. The contractor is responsible for the removal of all salvageable materials and equipment from the installation.

C.4 PRODUCTS:

a. WARRANTY: The contractor shall provide a written warranty on the material and workmanship from date of acceptance by the Government. All work performed under this contract shall be warranted for materials and labor from the date of final acceptance.

In the event of failure of the repaired area, and in accordance with the performance criteria herein, the School and the Contractor will determine if failure is due to the materials or workmanship. See FAR 52.246-21, Warranty of Construction in Section I.

b. MATERIALS: The contractor shall provide a written statement noting that all asphalt material is asbestos free and no hazardous chemicals are to be added to the asphalt. The gravel used for this contract needs to be class 5 gravel.

c. TERO FEE/EPA FEE’s: The contractor is responsible for all TERO Fee’s and EPA fees. Contact the local TERO Office of the Turtle Mountain Band of Chippewa.

C.5 CODES AND STANDARDS:

Where applicable, Contractor shall adhere to all Federal and State statuses pertaining to archaeological, historical, and environmental clearances which may affect this project. All work performed must be in compliance with the most current editions of the following regulations, codes, standards, and guidelines.

a. BIA Office of Facility Management and Construction School Facilities Design Handbook.

b. OSHA 29 CFR 1926, Subpart C, General Safety and Health Provisions

c. ASTM – American Standard for Testing and Materials

d. UL – Underwriter’s Laboratories

e. OSHA -Federal Regulations – Safety

f. EPA – Environmental Protection Agency – Tribal, State and Federal Regulations

g. Federal Highway Administration Specification (FP-14) web address:

https://highways.dot.gov/sites/fhwa.dot.gov/files/docs/federal-lands/specs/12851/fp14.pdf

C.6 DELIVERABLES:

a. As-builts

b. Erosion Control

Contractor shall submit for review, copies of a mix design, along with documentation showing that the mix has been previously approved by a Federal, State, or County Agency. The asphalt concrete mix design shall be submitted to the COR for approval at least 21 calendar days before production.

Submittals shall include all necessary requirements, warranty, drawings, specifications, and equipment product data, for compliance with applicable codes and regulations. Also included are the project schedule, jobsite safety handbook and qualifications of testing agency and personnel.

Upon acceptable review during final inspection, the contractor shall submit Contractor’s Installation warranty to the COR. Warranties shall commence on date of substantial completion.

C.7 DISPOSAL OR DEMOLISHED MATERIALS:

Sites shall be kept clean at all times and demolished materials shall be properly disposed of in compliance with all local, state, and federal regulations. Remove debris, rubbish and other materials resulting from demolition and removal operations from site. The Contractor shall make arrangements to transport and legally dispose of (including recycling) all materials off site.

The Contractor shall be responsible for disposal of waste in accordance with the federal guidelines and regulations at an approved landfill. Original landfill manifest documents will be returned to the COR at the cost of the project.

Use of explosive and burning of hazardous materials shall not be permitted on this project site.

Remove all tools and equipment upon completion of the asphalt installation project. Repair surfaces damaged during the project.

END OF SECTION C

https://highways.dot.gov/sites/fhwa.dot.gov/files/docs/federal-lands/specs/12851/fp14.pdf

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 Bureau of Indian Education. Preservation, packaging and packing shall be in accordance with standard practice for commercial packaging.

b. Materials provided by the Contractor shall be new and, where appropriate, shall arrive on-site in original containers sealed by the manufacturer. The Government reserves the right to refuse any materials not deemed adequate.

c. Materials damaged by equipment, water, or dirt are not acceptable.

d. Materials shall be stored in a manner acceptable to the manufacturer. Storage requirements include protection from rain, etc. The Contractor shall provide adequate storage; the Government may provide storage if interference with Government operations do not occur. This will be coordinated with the Government prior to mobilization.

Manufacturer's requirements shall be strictly adhered to.

END OF SECTION D

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 andfabrication 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 materialreasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conformto contract requirements, unless in the public interest the Government consents to accept the work with anappropriate 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 anywarranty or guarantee.

END OF SECTION E

SECTION F: DELIVERIES AND PERFORMANCE

F.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE FEB 1998

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

Clause 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

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 on 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 sixty (60) calendar days. The time stated for completion shall include final cleanup of the premises.

F.3 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION SEP 2000

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $358.00 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 SECTION F

https://www.acquisition.gov/far

SECTION G: CONTRACT ADMINISTRATION

G.1 CONTRACT ADMINISTRATION- GOVERNMENT: All administrative questions shall be directed to:

(Please do not mail your solicitations, please email to the address below.)

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

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:

POC:

Email:

Address:

Telephone No:

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.

mailto:maryjane.johnson@bie.edu

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 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 inwriting to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

END OF SECTION G

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 below:

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 CONTRACTS:

The Contracting Officer shall conduct monthly post award meetings with the contractor and the Contracting Officer’s Technical Representative (COTR). 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 contingency sum work; any additional work outside the scope of the contract requires that the Contracting Officer issue a contract modification authorizing performance in accordance with FAR 52.243-4 and is subject to availability of funds in accordance with FAR 52.232-18, Availability of Funds.

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.

Any change order requests are forward to the Contracting Officer by the COR memorandum outlining the need and 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 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’s authorization is required for additional work for an “emergency”.

H.5 DETERMINATION AND EXTENSION OF 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.

H.6 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 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).

H.7 PAYMENT TO CONTRACTOR:

See FAR Clause 52.232-27, Prompt Payment for Construction Contract and G.4 INVOICE AND PAYMENT.

Payments to the Contractor shall be made within fourteen (14) calendar days after the CO approves each invoice. The Government will make payment according to the project schedule that is provided and the percentage completed.

H.8 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.9 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.10 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.11 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.12 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.13 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; See DIAR 1452.204-70, Release of Claims. Failure to submit this completed release shall result in delay of final payment.

H.14 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.15 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.16 REAL ID ACT OF 2005:

The Real ID Act of 2005 established minimum security standards for license issuance and production and prohibits Federal agencies from accepting for certain purposes driver’s licenses and identification cards from states not meeting the Act’s minimum standards. To this purpose there are five states that are not in compliance with the Act nor have they received an extension to come into compliance with the act. Those states are Illinois, Minnesota, Missouri, New Mexico and Washington State. Anyone under this contract, to include subcontractors, who holds a driver’s license from any of states without approved licenses and require access to a military facility will be required to provide identification other than a driver’s license to gain access. It is the responsibility of the Contractor to ensure that they are in accordance with the Real ID Act and any other requirements for base access. For the states of Washington and Minnesota an enhanced driver’s license is acceptable to gain access. Other forms of identification that are acceptable for military facility access are included as an attachment to this modification. Further information on the Real ID Act can be found here: http://www.dhs.gov/real-id-enforcement-brief#.

H.17 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.

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

H.18 EXISTING UTILITIES:

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

H.19 COVID-19 GUIDELINES:

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

a. COVID Symptoms. Any Contractor personnel, employees, subcontractors, partners, or workers who are experiencing symptoms of COVID-19, including but not limited to cough, shortness of breath or difficulty breathing, fever, chills, muscle pain, sore throat, new loss of taste or smell should not report to work. Employees may be allowed to return to work after 14 days of having no symptoms.

Contractor’s project managers and site superintendents are responsible to monitor employees for symptoms before and during work, and follow appropriate precautions in accordance with CDC Guidance –Safety Practices for Critical Infrastructure Workers.

https://www.cdc.gov/coronavirus/2019-ncov/community/critical-workers/implementing-safety-practices.html. If a Contractor’s employee is unsure if they are sick, they should consult their supervisor. Visitors exhibiting or reporting COVID-19 symptoms (i.e., cough or shortness of breath or difficulty breathing fever, chills, muscle pain, sore throat, new loss of taste or smell) should be encouraged through notice and signage to leave the facility and reschedule their meeting/visit for a future time when they are in good health.

b. Face Covers. Contractor personnel are required to wear cloth face coverings while onsite. Cloth face coverings may prevent people who do not know they have the virus from transmitting it to others.

CDC does not recommend the general public wear surgical masks or N-95 respirators to protect themselves from respiratory diseases, including coronavirus (COVID-19). N-95s and other filtering face piece respirators should continue to be reserved for those at increased risk of exposure including health care workers and other medical first responders, as recommended by current CDC guidance and a job hazard analysis. Appropriate Personal Protective Equipment (PPE). Cloth face coverings are not respirators and are not appropriate substitutes where filtering face piece respirators are required. Employees who are performing tasks at elevated risk requiring respirators as identified through the job hazards analysis will be provided with the appropriate Personal Protective Equipment (PPE) to perform their jobs safely.

c. Social Distancing. The CDC guidance includes a primary objective of disease mitigation through good hygiene, staying home when sick, and social distancing. Social distancing is a set of actions taken to stop or slow the spread of a highly contagious disease. The CDC has determined that social distancing is an essential step in preventing the spread of COVID-19. The goal of social distancing is to limit face-to-face contact to decrease the spread of illness among people in community settings.

Employees should practice social distancing by putting space (currently six feet) between themselves and others. Visitors that exceed the maximum occupancy for the space should not enter the space.

Any waiting area should also be structured to limit aggregation of people to avoid crowding and maintain social distancing. Waiting areas should have suitable floor markings to facilitate social distancing.

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

H.20 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 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.