Sol_140A2322R0031.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)

0040568123

Indian Education Acquisition Office

1011 Indian School Rd.

Suite 352A Albuquerque NM 87104

A23

Mary Jane Johnson 5058034259

1x 04/11/2022

140A2322R0031

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

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

THE CONSTRUCTION OF SOCCER FIELDS AT BACA COMMUNITY SCHOOL IN PREWITT, NEW MEXICO.

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 E - INSPECTION AND ACCEPTANCE

- SECTION F - DELIVERIES OR PERFORMANCE

- SECTION G - CONTRACT ADMINISTRATION DATA

- SECTION H - SPECIAL CONTRACT REQUIREMENTS

- SECTION I - CONTRACT CLAUSES

- SECTION J - LIST OF ATTACHMENTS

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

RESPONDENTS

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

- 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.)

10 120 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

05/11/2022

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 70

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A2322R0031

THIS IS A SMALL BUSINESS SET ASIDE.

IN ACCORDANCE WITH FAR 36.204, DISCLOSURE OF THE

MAGNITUDE OF CONSTRUCTION PROJECT IS ESTIMATED

SHOULD BE IN THE FOLLOWING PRICE RANGE OF (f)

Between $1,000,000 and $5,000,000.

Legacy Doc #: IA

Delivery: 120 Days After Notice to Proceed

Delivery Location Code: 0009062044

BIE BACA DLO'AY AZHI COMM SCHL

PO Box 509

540 Exit 63 North

PREWITT NM 87045 US

Period of Performance: 05/23/2022 to 09/09/2022

00010 SOCCER FIELD #1

Product/Service Code: Z2PA

Product/Service Description: REPAIR OR ALTERATION

OF RECREATION FACILITIES (NON-BUILDING)

Period of Performance: 05/23/2022 to 09/08/2022

00020 SOCCER FIELD #2

Product/Service Code: Z2PA

Product/Service Description: REPAIR OR ALTERATION

OF RECREATION FACILITIES (NON-BUILDING)

Period of Performance: 05/23/2022 to 09/08/2022

POC:

STANLEY HENDERSON, COR EMAIL:

STANLEY.HENDERSON@BIE.EDU

MARY JANE JOHNSON, CO EMAIL:

MARYJANE.JOHNSON@BIE.EDU

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

Sponsored by GSA

FAR (48 CFR) 53.110

SOLICITATION NO.: 140A2322R0031

CONSTRUCTION OF SOCCER FIELDS AT BACA COMMUNITY SCHOOL

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SECTION B: PRICE SCHEDULE

B.1 REQUIRED WORK

The proposed work consists of the contractor shall provide all labor, materials, transportation, supervision, and incidentals necessary to construct the new soccer field at Baca/ Dlo'ay azhi Community School in Prewitt, New Mexico, in the accordance with the Statement of Work.

Period of Performance: (120) calendar days from the issuance of the Notice to Proceed.

B.2 PROJECT LOCATION Project is located in Prewitt, New Mexico

B.3 OFFEROR’S SCHEDULE

OFFEROR’s SCHEDULE

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

Price Schedule

Description Quantity Price

Materials (Soccer Field One) 1 JOB

Materials (Soccer Field Two) 1 JOB Labor (Soccer Field One) 1 JOB Labor (Soccer Field Two) 1 JOB

SUB-TOTAL

General Contracting's Overhead 1 JOB General Contracting's Profit 1 JOB

SUB-TOTAL

Bonding Navajo Nation TAXES 6% All Applicable State Taxes 6.75%

TOTAL:

END OF SECTION B

ENDO

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SECTION C: DSECRIPTION/SPECIFICATIONS/STATEMENT OF WORK

New Mexico Navajo South Agency Baca/Dlo'ay azhi Community School

Statement of Work Baca, New Mexico, Student Soccer Field

PART 1: STATEMEN OF WORK

1.1 Background:

Department of the Interior, Bureau of Indian Education (BIE), Baca/Dlo’ay azhi Community School is in need of a new soccer field.

1.2 Overview:

Baca/Dlo'ay azhi Community School currently has a rocky dirt soccer field where the students practice and play soccer.

The uneven surface is not a suitable playing field for the students. This new soccer field will allow for safer athletic drills and playing soccer. With the summer coming, it is best if the new soccer field was constructed during good weather and while the students are away on summer break.

1.3 Definitions:

Include all acronyms in full identification here. Example:

BIA – Bureau of Indian Affairs BIE – Bureau of Indian Education CORs – Contracting Officer’s Representative RFIs – Request for Information OSHA – Occupational Safety Health Administration NNEPA – Navajo Nation Environmental Protection Administration

1.4 Scope of Work Requested:

Baca/Dlo'ay azhi Community School prefers to retain the services of Heartland Sports Turf of 101 Stewart Road, Stigler, OK. 74462. Heartland Sports have been to the site and know the terrain that will need to be moved, shifted and covered. Heartland Sports Turf has quoted the costs to install the soccer field turf.

The empty grounds to the east of the existing school and south of the lagoon is the proposed location for the new soccer field. The contractor will measure the field, determine if any slope corrections are needed, determine the materials required, and the determine the construction method that is best for the dry southwestern climate and terrain.

1.5 Statement of Work:

A. Codes:

1. The Contractor will confirm with all applicable state, federal and local codes, ordinances and regulations.

2. Occupation Safety and Health Administration (OSHA) Compliance. All operations, new construction, major alterations and improvements, minor remodeling and workplace sites shall comply with all occupational safety and health standards issued under Section 6 of the Occupational Safety and Health Act of 1970, as amended or alternate standards issued pursuant to this part.

3. All work shall conform wo the current regulations of the Navajo Nation Environmental Protection Agency (NNEPA)

4. Plumbing. (1) All plumbing installations, equipment and fixtures shall comply with the Uniform Plumbing Code. (2) Water conserving plumbing fixtures shall be used and shall meet UPC fixture

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B. Specific Requirements

1. Work Requirements:

a. Grade and contour the field

b. Create drainage, catch basins if necessary

c. remove trash and stones

d. furnish and apply the turf

e. clean up field and repair where necessary, in and around the soccer field

f. provide training for maintenance and pest control

g. Drainage blanket. Material used for the drainage blanket should be specified as to type (crushed limestone, washed gravel, cinders, etc.) and size.

h. warranty of work

2. Contractor's Responsibilities/Conditions:

a. All labor; equipment; materials/supplies; rentals; tools; insurances; taxes; safety; security;

staging/storage; full time supervision; worker/owner/property protection; temporary utilities/hookups.

b. Traffic control; fall protection; deliveries; notifications/filings; permits, control measures on dust, noise, contamination; general ground/soil restoration; daily & final site cleanup; housekeeping;

trash/debris disposal, etc.

c. Any & all damages that may evolve from carelessness, negligence, irresponsibleness, including accidents to, but not limited to the BIE and their tenant’s property, assets, investments, etc. Any discoveries of hazardous and contaminant materials shall be reported immediately.

d. Any and all damages to existing property caused by contractor as result of but not limited to demolition, installation, deliveries, including the patching and repair of existing fencing, utilities, building equipment, components and/or systems. All costs to repair, patch, finish, replace and fixes shall be the responsibility of the contractor and will carry or warrant no time extensions or contract modifications.

e. Shall at all times adhere to and be compliant with any and all applicable Federal, State, City & pertinent Local regulations, statues and laws. No on site burning or burying is allowed.

f. Warranty all work, installation and materials for fifteen (15) years of the soccer field. Warranties shall start from the final completion date or Owner's acceptance, but not limited to defective materials, workmanship, malfunctions, etc. Manufacturer warranty document shall contain school name and location. Include a one (1) year workmanship warranty for all work.

g. It shall be the sole responsibility of the Contractor prior to bidding, to conduct field verification of actual dimensions, materials, angles (skew), slopes, alignment and all existing conditions shall be the sole responsibility of the Contractor.

h. Temporarily seal loose edge of membrane with approved overnight seal at the end of each day to comply with manufacturer's instructions.

1.6 Considerations and Factors:

Proposing Contractors are asked to factor in or take into consideration the following as part of their bid/proposals and projected schedules while undertaking this project.

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A. The pertinent contents of this Statement of Work as applicable to the Project's requirements, protocols, scheduling, particularly the work scope and materials shall become and made a binding part of and in conjunction with the Contractor's overall Construction Contract with the BIE, thereby contractors are specifically asked to pay careful attention in their examination and familiarity with the documents.

B. The area around the soccer field may be temporarily occupied during the construction duration wherein phasing, partial/sectional completions, temporary fencing/barricading, traffic control, other measures and protection shall be necessary to accommodate operations and safety with the least amount of disruption.

C. Coordination and cooperation with the Baca School and BIE employees/vehicle traffic, their accesses & exits, control and coordination of noise, odors, vibration, and other distracting or disruptive activities that will impact operations.

D. All work to take place only during normal workdays with no weekends or holidays only in the event special prior approval is obtained from the Contracting Officer through arrangements with the Contracting Officers Representative.

E. Review time for technical and material submittal compilation and submission to the BIE, the Contracting Officer's Representative for approval prior to any work or installation, which includes RFIs and CORs.

1.7 Post Contract Award Prerequisites:

Successful Contractor shall provide for review and approval, the listed following within 10 working days from the BIE's official contract award date to the Contractor Officer through the COR:

A. Insurance Certificates as required/in conformance with BIE Contracting provisions.

B. Contractor's Itemized Schedule of Values in the applicable CSI Divisions acceptable by Owner.

C. 100% Performance and Payment Bonds with BIA approved Surety.

D. Site plan with locations of contractors’ offices, staging, yards, storages, waste bins.

E. Project specific Contractor's Safety and Health Plan, including Accident Prevention Plan.

F. Detailed Contractors Project Schedule.

G. Site specific narrative work plan delineating how, where, when, whom of overall undertaking.

H. Provide technical submittals/illustrative details & shop drawings/data to COR.

I. Certification or proof of training to install a turf soccer field.

J. Other Information/Documents as required by the BIE.

1.8 Temporary Facilities & Utilities:

Contractor shall provide a secure staging and storage area near the soccer field. It shall be the responsibility of the Contractor to provide their own temporary electrical power with generators and portable toilets for their workers. No part of the Agency building, or facilities will be used for storage or administrative purposes by the contractor.

1.9 Shop Drawings/Submittals/Mockups:

Successful Contractor shall compile, assemble and formally submit all required information and/or action material submittals/shop drawings on the different material types being proposed to the BIE Contracting Officer's Representative (COR) for review and approval prior to commencing with any work or installation. Prior to start of the work, contractor shall submit samples that contain all materials & accessories to be used along with physical samples of the different type materials and products being proposed.

Contractor shall provide detailed shop drawing and details showing all soccer field construction features related to this project including turf terminations edge details.

1.10 Close out Requirements:

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As requisite for final payment, the Contractor shall provide to the BIE's Contracting Officer and its COR the following:

A. Specified quantities of extra/spare materials for each of the different materials, products used.

B. Manufacturer Warranties for each soccer field section which identifies each location for entire new work/installation against defective materials workmanship, etc. Include a one (1) year workmanship warranty for all work.

C. Demolition debris haulage tickets, manifests, landfill tickets

D. As Built record drawings, systems demonstration of maintenance and upkeep.

E. Documentation shall include all certified payroll reports and release of claims.

1.11 Performance Specification/Requirements:

Proposing Contractors shall prepare and submit their bids/cost proposals in accordance with and predicated on using the following Owner's Performance Specifications as the baseline guide/requirement to furnish, install, and execute the new soccer field.

A. Provide new soccer field components from a single source soccer field turf manufacturer or approved supplier.

B. Proposed systems shall meet or exceed the performance requirements of, but not limited to IBC, NRCA, ASTM standards in their respective resistance testing for breaking strength, tearing strength, brittleness point, resistance to water absorption, water vapor permeance, puncture resistance, and other applicable properties.

C. Successful Contractor shall be required to submit shop drawings that show plans, elevations, and sections details of all soccer field edge, drains, fastener types, fastening patterns, and other accessories for the turf system.

D. Samples for initial selection and verification of each type of factory prepared soccer filed turf.

E. Provide soccer filed turf manufacturer data sheets and include other materials to be used for complete soccer filed turf system.

1.12 Contract Point of Contacts:

A. Stanley Henderson

Wingate High School Facility Management Bureau of Indian Education Email: Stanley.henderson@bie.edu

B. BIE Contracting Office BIE Division of Acquisitions Mary Jane Johnson Email: maryjane.johnson@bie.edu Phone: 505-803-4259

PART II – GENERAL REQUIREMENTS DURING CONSTRUCTION

2.1 Contractor Use of Premises:

A. Sanitary Facilities: The Contractor shall provide and maintain sanitary conveniences for the use of those employed on or about the work. The sanitary facilities shall be properly secluded from public observations and locations shall be approved by the Government Project Inspector. The premises shall be kept in a neat mailto:maryjane.johnson@bie.edu

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P a g e 9 | 71 and sanitary conditions at all times. Use of the toilets within the buildings, by the Contractor and construction personnel, shall not be permitted.

B. Telephone Services: It shall be at the contractor’s option to have a cellular phone on site. The contractor shall be required to have communications on a daily basis with their field personnel located at the job site.

All communication costs associated during the contract shall be a no additional cost to the Government.

Usage of the Government telephone located in the school campus will be strictly limited.

C. Project Office Building: The Contractor may provide an office building at their own discretion for their use during the construction phase. None will be provided by the Government.

2.2 Occupancy Requirements:

The school will be in operations during the repairs and construction period. Cooperate with the Government during construction operations to minimize conflicts and facilitate Government usage. Perform the work so as to not interfere with the Government’s operations and students learning.

2.3 Contractor Conference and Meetings:

A. Pre-Construction Meeting: After the project is awarded and before the issuance of the Notice to Proceed a

Pre-Construction Meeting will be conducted on via, teleconference or Micro Soft Team meets. The Pre- Construction meeting will be led by the Contracting Officer.

B. Schedule Weekly Construction Meetings: The contractor will be required to take the lead on conducting weekly construction meeting by virtual software (Microsoft Teams or Zoom, etc.). This meeting is to keep the team abreast of the project status and to update the work performance schedule and discuss safety awareness issues on the job.

2.4 Bulletin Board:

The Contractor shall furnish and install a bulletin board to be used for the purpose of displaying wage rates, fair employment poster and similar material. The bulletin board shall be weatherproof and be posted during the duration of the project. It shall be located in a general location at the work site.

2.5 Schedule of Work:

In order to provide continues use of the facilities during the construction time, the Contractor is requirements to pursue the work in accordance with an approved work schedule. The Contractor shall prepare and submit a schedule, pursuant to FAR Clause 52.236-15, entitled, “Schedule for Construction Contracts”, in which is described methods and time sequence necessary to complete the work. All work scheduling shall be subject to the approval of the Contracting Officer.

2.6 Work Conditions

A. Precautionary Measures: The Contractor shall take precaution to protect all work during construction period and shall provide and maintain adequate protection to prevent damage to the work or to the materials. Safety measures shall include all necessary protective barriers such as fencing, barricades, covered walkways, fall protection, etc., proper posting with warning signs and/or signals, and adequate lighting. All Contractors’ new hires shall be informed of the Occupational Safety and Health Administration (OSHA) safety regulations at the beginning of the job.

B. Contractor’s Failure to Comply with Safety Requirements:

1. It shall be the Contractor’s responsibility to comply and enforce all contract safety requirements for his employees. Contractor shall monitor and ensure all subcontractors are in compliance.

2. Upon notice of a safety violation, the Contracting Officer (CO), Contracting Officer’s Representative (COR), or Inspector will notify the Contractor’s employees in the immediate effected working area of the violation and next report it to the Contractor’s Project Superintendent. The Project Superintendent shall correct the safety deficiency by providing a safety plan and report such incidents during the weekly safety meetings.

3. The Project Inspector or COR shall have authority in order work be temporarily suspended in specific work location(s), should unsafe working conditions be hazardous to contractor’s employees, sub-

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P a g e 10 | 71 contractor(s), or public personal life or health. All contractor’s employees shall have safety harness while on the roof. All such incidents shall be reported immediately to the Contractor’s project superintendent, contractor, COR and the CO. Date and time of incidents is required, photographs are also preferred.

2.7 Debris Disposal:

The Contractor owns all debris generated by or caused by the work in this contractor. The Contractor bears all responsibility and all costs connected with or related to the removal and disposal of all debris from properties of the United States Government. The Contractor is required to complete with applicable Environmental Protection Agency (EPA) regulations, Federal, State and local Government laws and regulations while engaged in the removal and disposal of debris. The Contractor shall remove the debris. The Contractor shall remove the debris off the boundaries of the school’s campus to an EPA approved landfill for the types of debris being deposited. The Government is not responsible in any way, financial or otherwise, for the success or failure of arrangements for disposal of debris between the Contractor and other parties. At closing the contractor is responsible to provide all original manifest to the government in their closing documents of this project. The contractor is responsible to dispose of all existing roof waste material including membrane, insulation, one-way air vents, metal flashing, metal downspouts, gutters, loose granular sand, tree debris, and other roofing materials that will be replaced shall be removed and dispose off-site at an approved land fill. The landfill original manifest documents will be required to be returned to the government during to closeout process.

2.8 As-Built Drawings:

Upon completion of work, the Contractor shall furnish “As-Built” drawings. These drawings shall be contract drawings corrected in red ink to show any differences between contract drawings and actual construction for TPO roof repairs.

All changes made during construction shall be noted. Provide sketches and details where necessary to more fully describe the work performed. Each drawing showing changes in dimensions details or containing supplemental information shall be plainly marked “As-Built” and shall contain the signature of the Project Inspector and the Construction Contractor.

2.9 Period of Performance and Schedule:

120 Days upon the issuance of the Notice to Proceed.

END OF SECTION C

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SECTION E – INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONTRUCTION AUG 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 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 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.

(End of clause)

END OF SECTION E

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SECTION F -- DELIVERIES OR PERFORMANCE

F.1 52.211-10 Commencement, Prosecution, and Completion of Work Apr 1984

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 (one hundred twenty) calendar days. The time stated for completion shall include final cleanup of the premises.

F.2 52.211-12 Liquidated Damages—Construction Sept 2000

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $2,688.00 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.

F.3 52.211-13 TIME EXTENSIONS SEPT 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.

(End of clause)

F.4 52.211-18 VARIATION IN ESTIMATED QUANTITY APR 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.5 52.236-01 PERFORMANCE OF WORK BY THE CONTRACTOR APR 1984

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

F.6 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

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(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.

(End of clause)

F.7 52.242-14 SUSPENSION OF WORK APR 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.

(End of clause)

END OF SECTION F

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SECTION G: CONTRACT ADMINISTATION DATA

G.1 CONTRACT ADMINISTRATION - GOVERNMENT

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

Mary Jane Johnson, Contracting Officer BIA-Central Regional Office - 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: ___________________________________________

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.

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

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

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

Helpdesk via email ippgroup@bos .frb.org or phone (866) 973-3131.

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

END OF SECTION G

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SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1 Tribal Taxes, Requirements and/or Restrictions

(a) Special attention is called to FAR Clause 52.236-7, Permits and Responsibilities and FAR Clause 52.229-3, Federal, State, and Local Taxes. Offerors are responsible for contacting the tribe or tribal organization involved with regard to any requirements regarding tribal taxes, royalties and/or other applicable tribal laws or ordinances. Any costs associated with this section shall be included in the contractor's bid.

(b) Offerors are responsible for contacting the Office of the Navajo Nation Tax Commission and the Office of Labor Relations for tribal taxes. Current available information is identified at this link: Office of the Navajo Tax Commission (navajo-nsn.gov) for more information on Navajo Nation Tax Commission.

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

H.4 Changes

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

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

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

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

H.5 Contractor Safety Program Requirements

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

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

http://www.tax.navajo-nsn.gov/ http://www.tax.navajo-nsn.gov/

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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.6 Subcontracting and Subcontractors

A. Selection of Subcontractors. Except as provided in DIAR Clause 1452.204-71, Indian Preference, the contractor and each subcontractor shall be free to select their subcontractors. Each subcontractor shall be capable of performing in a satisfactory manner, all work included in its subcontract. The contractor shall submit or require the submission of the following information to the Contracting Officer.

1. The Name and Address of each Subcontractor.

2. A detailed description of the work covered by each subcontractor.

3. A statement that the subcontractor has adequate resources and is capable of performing the work.

B. Furnish Copies of Subcontractors. No subcontractor will be allowed to perform any work on the project site until the conditions in (a) above have been met.

C. Contractor’s Responsibility for Subcontractors. The Contractor shall be responsible for the acts of all subcontractors and their employees when performing work at the project site, regardless of subcontractors’ contractual relationship to the contractor. The contractor shall cause to be removed from the work at the project site any subcontractor or employee thereof whom the Contracting Officer, in writing finds to be incompetent, careless, or otherwise objectionable. Failure of any subcontractor to complete the work described in its subcontract in a satisfactory manner, or without delay, will not excuse the contractor from any delay in the completion of the entire contract.

H.7 Requirement for Execution of Surety Bonds

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

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

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

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

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

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

H.8 Determination and Extension of Contract Time

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

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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.9 HOURS AND DAYS OF WORK

A. The performance time allowed under this contract is based on a forty-hour workweek.