Sol_140A2323Q0037.pdf

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WHS-RELOCATE/REINSTALL GRD POWER LINE Federal contract opportunity
Solicitation number
140A2323Q0037
Issued by
Department of the Interior Bureau of Indian Affairs Bureau of Indian Education

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FOOTBALL FIELD ELECTRICAL SERVICES FOR WINGATE HIGH SCHOOL, FOOTBALL FIELD IN FT.

WINGATE, NM.

SOLICITATION IS SET ASIDE FOR INDIAN ECONOMIC ENTERPRISES (IEE), FOR THE CONSTRUCTION OF

THE REMOVAL AND REPLACEMENT OF ELECTRICAL LINES ON CONSTRUCTION PROJECT.

Contractors, please see the attached Request for Quote for the Wingate High School, for the electrical remove and replacement of lines.

SITE Visit: Monday, November 12, 2022, at 1:00 p.m. Mountain Standard Time at Wingate High School in Ft. Wingate, NM. Stanley Henderson, at (505) 488-6428 or at stanley.henderson@bie.edu.

All questions to be received by Tuesday November 13, 2022, by COB. All questions must be emailed to me before this date and time to the Contracting Officer.

Solicitation Response date is Thursday, November 15, 2022, at 12:00 p.m. Mountain Standard Time

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

mailto:stanley.henderson@bie.edu

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)

0040601527

Indian Education Acquisition Office

1011 Indian School Rd.

Suite 352A Albuquerque NM 87104

A23

Mary Jane Johnson

112/06/2022

140A2323Q0037

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

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.)

0 0 calendar days and complete it within ________________ ________________ calendar days after receiving

12/15/2022

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 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A2323Q0037

Suggested Vendor: BECENTI, LEROY ABA BECENTI

ELECTRIC UIE # NW6JFNT98LQ8 Suggested Buyer/CO:

MARY JANE JOHNSON Header Text: URGENT:

Contractor to reinstall the high voltage 480 volts underground power from north side of football field to south side of the football field. So current contractor can continue with football field replacement at Wingate High

School. Point of Contact: Stanley Henderson, Acting Facility Manager, Telephone No.

505-488-6421. Email address:

stanley.henderson@bie.edu

Delivery: 20 Days After Notice to Proceed

Delivery Location Code: 0011147518

BIE Wingate High School

1757 Shush Drive

Ft. Wingate NM 87316 US

Period of Performance: 12/19/2022 to 01/06/2023

One (1) Modernfold accordion wall SoundMaster

SM_8, STC rated 39 30'W x 10'7 3/4"H Covering: HD

Vinyl

00010 Relocate/reinstall high electrical line

Product/Service Code: J059

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- ELECTRICAL AND ELECTRONIC EQUIPMENT

COMPONENTS

Period of Performance: 12/06/2022 to 01/06/2023

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

Sponsored by GSA

FAR (48 CFR) 53.110

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SOLICITATION NO.: 140A2322

CONSTRUCTION: Wingate High School Field Electric

TABLE OF CONTENT

SECTION B – PRICE SCHEDULE 7

B.1 Required Work 7 B.2 Project Location 7 B.3 Offeror’s Schedule 7

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK 8

C.1 STATEMENT OF WORK (SOW) 8

SECTION D – PACKAGING AND MARKING 12

D1. PACKAGING AND MARKING 12

SECTION E – INSPECTION AND ACCEPTANCE 13

E.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE 13

E.2 DAILY REPORTING REQUIREMENT 14

E.3 FINAL INSPECTION 14

SECTION F – DELIVERIES OR PERFORMANCE 15

F.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK 15

F.2 LIQUIDATED DAMAGES-CONSTRUCTION 15

F.3 TIME EXTENSIONS 15

F.4 VARIATION IN ESTIMATED QUANTITY 15

F.5 PERFORMANCE OF WORK BY THE CONTRACTOR 15

F.6 SCHEDULES FOR CONSTRUCTION CONTRACTS 15

F.7 SUSPENSION OF WORK 16

F.8 RECYCLING AND DISPOSAL OF REFUSE 16

SECTION G – CONTRACT ADMINISTRATION DATA 17

G.1 CONTRACT ADMINISTRATION - GOVERNMENT 17

G.2 CONTRACT ADMINISTRATION – CONTRACTOR 17

G.3 CONTRACTING OFFICER’S REPRESENTATIVE 17

G.4 INVOICE AND PAYMENT 17

G.5 INSTRUCTIONS FOR SUBMITTING MATERIAL APPROVALS 18

SECTION H – SPECIAL CONTRACT REQUIREMENTS 19

H.1 WORK OUTSIDE REGULAR WORK HOURS 19

H.2 DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF THE GOVERNMENT 19

H.3 REQUIRED INSURANCE 19

H.4 VOLATILE ORGANIC COMPOUND (VOC) COMPLIANCE PLAN 19

H.5 WAGE RATES 20

H.6 CERTIFICATION OF PAYMENTS-RELEASE OF CLAIM 20

H.7 SUBCONTRACT DATA 20

H.8 CONTRACT SECURITY REQUIREMENTS 20

H.9 REAL ID ACT OF 2005 21

H.10 TEMPORARY FACILITIES 21

H.11 EXISTING UTILITIES 21

H.12 COVID-19 GUIDELINES 21

H.13 BACKGROUND INVESTIGATIONS 22

H.14 TRIBAL, TAXES, REQUIREMENTS AND/OR RESTRICTIONS 23

H.15 MODIFICATION PROPOSAL – COST BREAKDOWN 23

H.16 POST AWARD CONFERENCES – FIXED PRICE CONTRACTS 23

H.17 CONTRACTOR SAFETY PROGRAM REQUIREMENTS 23

H.18 BONDING REQUIREMENTS 24

SECTION I – CONTRACT CLAUSES 25

I.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE 27

I.2 1452.228-70 LIABILITY INSURANCE 27

I.3 52.211-18 VARIATION IN ESTIMATED QUANTITY 27

I.4 52.219-14 LIMITATIONS ON SUBCONTRACTING 28

I.5 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS – OVERTIME COMPENSATION 29

I.6 52.222-6 CONSTRUCTION WAGE RATES REQUIREMENTS 29

I.7 52.222-7 WITHHOLDING OF FUNDS 31

I.8 52.222-8 PAYROLLS AND BASIC RECORDS 31

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CONSTRUCTION: Wingate High School Field Electric

I.9 52.222-11 SUBCONTRACTS (LABOR STANDARDS) 33

I.10 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATES REQUIREMENTS AND RELATED

REGULATIONS

I.11 52.222-14 DISPUTES CONCERNING LABOR STANDARDS 33

I.12 52.222-15 CERTIFICATION OF ELIGIBILITY 34

I.13 52.222-21 PROHIBITION OF SEGREATED FACILITIES 34

I.14 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION 34

I.15 52.222-55 MINIMUM WAGES EXEECUTIVE ORDER 14026 36

I.16 52.225-9 BUY AMERICAN – CONSTRUCTION MATERIALS 39

I.17 52.225-11 BUYAMERICAN-CONSTRUCTION MATERIALS UNDER TRADE AGREEMENT 41

I.18 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENTS – CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTSE

I.19 52.232-5 PAYMENTS UNDER FIXED PRICE CONSTRUCTION CONTRACTS 46

I.20 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM OF AWARD MANAGEMENT 48

I.21 52.232-36 PAYMENT BY THIRD PARTY 49

I.22 52.233-1DISPUTES 49

I.23 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM 50

I.24 52.236-2 DIFFERING SITE CONDITIONS 50

I.25 52.236-3 SITE INVESTIGATIONS AND CONDITIONS AFFECTING THE WORK 51

I.26 52.236-5 MATERIALS AND WORKMANSHIP 51

I.27 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR 52

I.28 52.236-7 PERMITS AND RESPONSIBILITIES 52

I.29 52.236-8 OTHER CONTRACTS 52

I.30 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS.

I.31 52.236-10 OPERATIONS AND STORAGE AREAS 53

I.32 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION 53

I.33 52.236-12 CLEANING UP 53

I.34 52.236-13 ACCIDENT PREVENTION 53

I.35 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES 54

I.36 52.236-17 LAYOUT OF WORK 54

I.37 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION 55

I.38 52.236-26 PRECONSTRUCTION CONFERENCE 56

I.39 52.242-13 BANKRUPTCY 56

I.40 52.246-21 WARRANTY OF CONSTRUCTION 56

I.41 52.252-6 AUTHORIZED DEVIATION IN CLAUSES 57

I.42 52.253-1 COMPUTER GENERATED FORMS 57

SECTION J – LIT OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 58

J.1 ATTACHMENTS 58

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

RESPONDENTS

K.1 52.252-01 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 59

K.2 52.203-2 CERTIFCATE OF INDEPENDENT PRICE DETERMINATION 59

K.3 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS 59

K.4 52.204-3 TAXPAYER IDENTIFICATION 60

K.5 52.201-8 ANNUAL REPRESENTATION AND CERTIFICATIONS 61

K.6 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS 63

K.7 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS 65

K.8 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS 67

K.9 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENTS-CONSTRUCTION MATERIALS 68

K.10 52.233-2 SERVICE PROTEST 68

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS 69

L.1 52.205-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 69

L.2 52.216-1 TYPE OF CONTRACT 69

L.3 52.236-27 SITE VISIT (CONSTRUCTION) 69

L.4 52.236-28 PREPARATION OF PROPOSALSS – CONSTRUCTION 69

L.5 INSTRUCTION TO OFFERORS: IN ACCORDANCE WITH FAR 15.101-2 70

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CONSTRUCTION: Wingate High School Field Electric

SECTION M – EVALUATION FACTORS FOR AWARD 74

M.1 BASIS FOR CONTRACT AWARD 74

M.2 EVALUATION 74

M.3 PRICE EVALUATION 74

M.4 TECHNICAL EVALUATION 75

END OF THE TABLE OF CONTENT

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CONSTRUCTION: Wingate High School Field Electric

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 electrical line relocation at the football field at Wingate High School in Ft.

Wingate, New Mexico, in the accordance with the Statement of Work.

Period of Performance: (20) calendar days from the issuance of the Notice to Proceed.

B.2 PROJECT LOCATION Project is located in Ft. Wingate, 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

DIRECT LABOR

Description of Goods or Services Qty Unit Price Total Cost

Materials for Relocation of Power Line 1

Labor Rates 1

Travel /Equipment Cost 1

Subtotal

Overhead & Profit

Bonding

NN Taxes @ 6.5%

Applicable State Taxes 8.5%

Total

END OF SECTION B

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CONSTRUCTION: Wingate High School Field Electric

ENDO

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

New Mexico Navajo South Agency Wingate High School Facility Management

Fort Wingate, New Mexico 87316

November 16, 2022

Scope of Work Wingate High School Football Stadium/Arena Lighting

Requisition # NMNS-234-71

Overview:

Wingate High School Football Field currently has six (6) stadium/arena HID field lighting. The systems were installed along with the old school football field construction and have been utilized often by students for football games and other school activities. The lighting systems are older units but are still usable and upgradeable. Frequent usage has taken its toll on the aging lighting along with the underground power supply line. Current underground PVC conduit lines were cracked with age and allowed water and moisture to penetrate the lines. Thus, causing the covered and buried power cable and attached Galvanized conduits to corrode and rust. This could be the reasoning that sometimes caused the stadium lighting to go out during several hosted home football games. Electrical breakers would trip and must be reset during these outages during the home games. A Certified Electrician was called to inspect the power lines and conduit. It was strongly recommended that the conduits and power supply lines be replaced due to electrical codes and safety reasons.

Scope of Work Objective Requested:

New Mexico Navajo South Facility Management is requesting to attain professional certified electrician and support and repair of these electrical components at the school football field. The school hosts many football games along with other school events and activities that require that the lighting system to be operational. The football field lighting will be utilized soon for the upcoming football season.

Football Stadium Lighting System Specifications

The requested electrical project should be able to power on and off the stadium/arena lighting at the football field. The system will allow the lights to be utilized during to the evening/night football games and other activities during the school year. Operation of the system will be operated by trained authorized personnel only. New 3” PVC approximately 210 ft. will be used to replace the older compromised conduit. High voltage 3 phase wiring power supply line will be installed inside the newly replaced PVC conduit. Wiring and connection of the newly installed wire will be completed by the certified electrician. Demolition and removal of the old wiring and conduit will also be completed by the electrician. Project will include test and balance to the exterior load 3 phase 480-volt electric panel. Rough in and trim work will be in compliance with National Electric Code and Continental Divide Standard Code.

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CONSTRUCTION: Wingate High School Field Electric

Project Location

The project is located on the Navajo Indian Reservation, approximately 12 miles east of Gallup, New Mexico, on State Highway 400, and 2.4 miles south on Hwy 400 at Wingate High School, Football field.

Fort Wingate, New Mexico, and McKinley County.

Work Requirements:

Contractor shall provide all goods required to remove, dispose of old electrical equipment and damaged PVC conduits at the football field. Be able to install in a timely manner and provide materials of good quality and durability.

Contractor shall provide all new materials and supplies to replace old and unusable wiring and conduits running underground at the football field.

Pull electrical line through already placed PVC conduits under the football field.

Having the football stadium lighting effectively working when needed for evening football games and other school related events and functions.

Electrical Wiring and conduit to withstand high electrical loads and energy to power the stadium lighting.

Vendor shall furnish, install, and test of all existing equipment required for proper operation.

Test and balance of all electrical wiring and connections to ensure safe and proper operation of the stadium lighting when needed.

Any material and/or equipment necessary for the proper operation of the system not specified or described in this SOW shall be deemed part of the replacement project, but not limited to other items in need of corrective action not addressed.

Contractor's Responsibilities/Conditions:

For all new work, Contractor’s personnel shall be trained, licensed and certified for installation and certified by New Mexico Electrical Codes and Standards.

Contractor and its technical staff are encouraged to make a site visit prior to submitting a bid proposal to acquaint themselves with the site, project buildings and equipment conditions. All preliminary costs related to the bidding of the project will not be reimbursed to the prospective Contractor.

Contractor shall provide all labor; equipment; materials/supplies; rentals; tools; insurances; taxes;

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

Contractor shall provide 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.

Contractor will be responsible for 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.

P a g e 10 | 75

CONSTRUCTION: Wingate High School Field Electric

Contractor will be responsible for any and all damages to existing property caused by contractor as result of but not limited to demolition, installation, and deliveries, including the patching and repair of existing structure and 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.

Contractor shall at all times adhere to and be compliant with any and all applicable Federal, State, City & pertinent Local regulations, statues and laws.

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

Contractor is responsible for the behavior of his subcontractors while on government property.

Contractor is required to perform 15% of the work with its own force.

All subcontracts entered into shall include the Labor Standard Provisions, Wage Determination and the Indian Preference provisions.

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.

The proposed contractor is highly qualified and are a close vendor geographically. They possess necessary equipment to perform the job request adequately and properly.

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.

Coordination and cooperation with Wingate High 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.

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.

Close out Requirements:

As-Built Drawings: Upon completion and acceptance of new work, Contractor shall submit copies of As-built drawings and equipment listing.

Shall consist of any clean-up of debris, dust and trash if generated and accumulated.

Notify designated BIE personnel when job is completed, and a walk-through will be provided to verify work requested has been completed and justifiable.

Contractor shall be responsible for all work performed and materials delivered prior to the final acceptance by the government.

All punch-list items shall be completed before the government final acceptance.

Performance Specification/Requirements:

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CONSTRUCTION: Wingate High School Field Electric

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 wiring and conduit installation.

Proposed cleaning shall meet or exceed the performance requirements of, but not limited to NFPA & EPA standards in their respective testing for proper functioning and serviced before daily usage to protect against carbon monoxide poisoning and potential fire hazards.

Contractor shall be required to submit invoice stating that work requested has been completed and sections details are free and clear of debris.

END OF SECTION C DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

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CONSTRUCTION: Wingate High School Field Electric

SECTION D – PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

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

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

END OF SECTION D – PACKAGING AND MARKING

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CONSTRUCTION: Wingate High School Field Electric

SECTION E – INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTIONAUGUST 1996

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

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

Special, full size, and performance tests shall be performed as described in the contract.

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

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

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

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

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

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CONSTRUCTION: Wingate High School Field Electric

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

E.2 DAILY REPORTING REQUIREMENT

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

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

E.3 FINAL INSPECTION

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

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

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

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

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

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

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

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

END OF SECTION E – INSPECTION AND ACCEPTANCE

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CONSTRUCTION: Wingate High School Field Electric

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 20 (twenty) calendar days. The time stated for completion shall include final cleanup of the premises. (End of clause)

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 $50.00 for each calendar day of delay until the work is completed or accepted.

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

F.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. (End of clause)

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

(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

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CONSTRUCTION: Wingate High School Field Electric 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)

F.8 RECYCLING AND DISPOSAL OF REFUSE

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

END OF SECTION F – DELIVERIES OR PERFORMANCE

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CONSTRUCTION: Wingate High School Field Electric

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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CONSTRUCTION: Wingate High School Field Electric

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.

G.5 INSTRUCTIONS FOR SUBMITTING MATERIAL APPROVALS

Submittals must be provided in sufficient time and in such sequence to avoid delays in the work. Test reports and certifications shall be submitted and approved prior to payment for the applicable item. Corrected O&M Manuals must be received by the Government prior to the Final Inspection. Materials, samples, drawings, etc., shall be submitted on the Government provided form. (End of Local Clause)

END OF SECTION G – CONTRACT ADMINISTATION DATA

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CONSTRUCTION: Wingate High School Field Electric

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1 WORK OUTSIDE REGULAR WORK HOURS

If the contractor desires to perform work under this contract outside regular work hours or on Saturdays, Sundays or holidays, he shall apply, in writing, to the Contracting Officer no less than 10 calendar days prior to the planned start of such work. Regular work hours are, for the purpose of this clause, those hours the activity or Command where the work is to be performed normally works on a day-by-day basis. Application by the Contractor does not imply consent by the Government. Each application will be considered, and a decision made, on the potential benefit of permitting such work. Approval of a Contractor's application under this clause will be, unless otherwise agreed in writing, at no additional cost to the Government.

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

All designs, drawings, specifications, notes and other works developed in the performance of this contract shall become the sole property of the Government and may be used on any other design or construction without additional compensation to the Contractor. The Government shall be considered the "person for whom the work was prepared" for the purpose of authorship in any copyrightable work under 17 U.S.C. 201(b). With respect thereto, the Contractor agrees not to assert or authorize others to assert any rights nor establish any claim under the design patent or copyright laws.

H.3 REQUIRED INSURANCE

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

A. Workers’ Compensation and Employer’s Liability. Contractors are required to comply with applicable Federal and State worker’s compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least

B. $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.)

C. 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.

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

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

H.4 VOLATILE ORGANIC COMPOUNDS (VOC) COMPLIANCE PLAN

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

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CONSTRUCTION: Wingate High School Field Electric

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:

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

2 The rule governing its use;

3 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.

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

H.5 WAGE RATES

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

H.6 CERTIFICATION OF PAYMENTS-RELEASE OF CLAIM

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

H.7 SUBCONTRACT DATA

The Contractor shall submit an executed Statement and Acknowledgment Standard Form 1413, to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be done before the subcontractor begins work. This form provides an acknowledgment by the subcontractor that mandatory "flow-down" contract clauses have been included in his contract in accordance with FAR Clause 52.222-11. The Prime Contractors will be given copies of Form SF 1413 after award of a contract. Completing this form creates no contractual relationship between subcontractors and the Government.

H.8 CONTRACTOR SECURITY REQUIREMENTS

At the Pre-construction Conference [or prior to beginning work on the contract], the Contractor shall provide a list of all on-site personnel, including sub-contractors (including second and third-tier subcontractors) and suppliers, to the Contracting Officer. The contractor shall update this list when changes occur. Contractor personnel not listed may be denied access to facility. Contractor personnel will be restricted to designated working areas. Any personnel violating this policy may lose access to the facility.

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