Sol_140A2323R0089.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)

Indian Education Acquisition Office

1011 Indian School Rd.

Suite 352A Albuquerque NM 87104

A23

Mary Jane Johnson 5058034259

1x 08/16/2023

140A2323R0089

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

THIS IS AN INDIAN SMALL BUSINESS ECONOMIC ENTERPRISES (ISBEE) SET ASIDE.

THIS IS A SOLICITATION REQUESTING FOR A PROPOSAL FOR A FIRM FIXED PRICE CONSTRUCTION

CONTRACT FOR THE RENOVATION OF CHEYENNE EAGLE BUTTE ELECTRICAL SYSTEM IN SOUTH

DAKOTA. THE CONTRACTOR SHALL PROVIDE ALL LABOR, MATERIALS, SUPERVISIION AND

INCIDENTALS NECESSARY IN ACCORDANCE WITH THE STATEMENT OF WORK.

1. A SINGLE FIRM FIXED PRICE CONTRACT WILL BE ISSUE FOR THIS SOLICITATION.

2. PROPOSAL ACCEPTANCE PERIOD/DATE: THE PROPOSAL ACCEPTANCE PERIOD SHALL BE NINETY

(90) DAYS PAS TTHE CLOSING DATE.

3. DEADLINE: SEPTEMBER 05, 2023 AT 12:00 P.M. MOUNTAIN DAYLIGHT TIME.

4. THE CONTRACTING OFFICER EXPECTS PROSPECTIVE CONTRACTORS TO PROVIDE THEIR PROPOSAL

VIA EMAIL TO maryjane.johnson@bie.edu.

5. QUESTION AND ANSWERS: ANY QUESTIONS RELATING THIS SOLICITATION SHALL BE SUBMITTED

TO maryjane.johnson@bie.edu NO LATER THAN 4:00 PM EDT on AUGUST 28, 2023. RESPONSES

Continued ...

11. The Contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 60 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR Clause 52.211-10

09/05/2023

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. 8/2014)

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, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 73

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A2323R0089

WILL BE PROVIDE IN THE ATTACHMENT QUESTION LOG TO

ALL CONTRACTORS.

6. ON-SITE ACCESS: A LIST OF PERSONNEL, WITH ALL

PERTINENT INFORMATION, TO INCLUDE, NAME, PHONE

NUMBER, E-MAIL, AND CONTRACTOR NAME, SHALL BE

SUBMITTED TO THE CO, AND COR AND IS A DELIVERABLE

UNDER ANY RESULTING TASK ORDER, THE DAY BEFORE

THE SITE VISIT.

7. SITE VISIT: A SITE VISIT FOR THIS REQUIREMENT

IS SCHEDULED TO OCCUR ON AUGUST 21, 2023, AT

11:00AM. PARTICIPANTS ARE TO MEET AT THE

CHEYENNE-EAGLE BUTTE SCHOOL. PLEASE E-MAIL THE

CONTRACTING OFFICER YOUR INTENT TO PARTICIPATE IN

THE SITE MEETING PRIOR TO AUGUST 18, 2023. MASKS

ARE REQUIRED AT ALL TIMES ONSITE.

8. WAGE DETERMINATION: WAGES FOR ALL CONTRACTORS

AND SUBCONTRACTORS MUST COMPLY WITH DAVIS BACON

WAGE DETERMINATIONS. THE CURRENT DETERMINATION IS

GENERAL DECISION SD20230012; SEE ATTACHMENT WAGE

RATES. BE ADVISED THE DETERMINATION THAT IS

CURRENT AT THE TIME OF THE TASK ORDER AWARD IS

THE DETERMINATION THAT WILL APPLY FOR THE

PROJECT. CURRENT DETERMINATIONS ARE ALWAYS

AVAILABLE AT: HTTPS://SAM.GOV/.

9. NOTICE TO PROCEED (NTP): A NOTICE TO PROCEED

(NTP) WILL BE ISSUED AFTER THE PRE-CONSTRUCTION

MEETING, RECEIPT OF BONDING AND VALID BACKGROUND

SCREENING.

10. PERIOD OF PERFORMANCE: SIXTY (60) CALENDAR

DAYS FROM NOTICE TO PROCEED.

11. IN ACCORDANCE WITH FAR PART 36.204(f)

DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION

PROJECTS ESTIMATED PRICE RANGE IS BETWEEN

$1,000,000.00 AND $5,000,000.00.

12. BONDS (REFERENCE CONTRACT CLAUSE FAR

52.228-15 FOR FURTHER INFORMATION ON

APPLICABILITY): A BID BOND IS DUE AT THE TIME OF

PROPOSAL SUBMITTAL. AND THE PAYMENT AND

PERFORMANCE BOND SHALL BE PROVIDED 10 CALENDARS

AFTER RECEIPT OF THE AWARD OF THE TASK ORDER.

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 73

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A2323R0089

NOTICE TO PROCEED WILL NOT BE ISSUED UNTIL THE

CONTRACTOR PROVIDES SUFFICIENT BONDING TO COVER

THE WORK BEING PERFORMED AND HAVE FAVORABLE

BACKGROUND.

13. 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 TAX

AUTHORITIES AND TRIBE OR TRIBAL ORGANIZATION

INVOLVED WITH REGARD TO ANY REQUIREMENTS

REGARDING STATE TAXES, TRIBAL TAXES, ROYALTIES

AND/OR OTHER APPLICABLE TRIBAL LAWS OR

ORDINANCES. ANY COSTS ASSOCIATED WITH THIS

SECTION SHALL BE INCLUDED IN THE CONTRACTOR'S

FIRM FIXED PRICE PROPOSAL. CONTRACTOR IS

RESPONSIBLE FOR CONTACTING THE APPROPRIATE TRIBAL

TAXATION AUTHORITY OFFICE FOR COORDINATION AND

APPROVALS. PLEASE REFER TO SECTION H AND THE

APPLICABLE CLAUSES FOR ADDITIONAL INFORMATION

ABOUT THESE REQUIREMENTS.

14. THIS SOLICITATION IS BEING COMPETED USING THE

LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE

SELECTION PROCESS DESCRIBED IN SECTION L & M. IN

ACCORDANCE WITH SECTION M, THE TOTAL PRICE WILL

BE EVALUATED UPON REASONABLENESS AND

COMPLETENESS. NOTE, ONLY THE LOWEST PRICE

RESPONSIVE OFFER WILL BE EVALUATED FOR TECHNICAL

ACCEPTABILITY. IF THE LOWEST PRICE RESPONSIVE

OFFER IS TECHNICALLY ACCEPTABLE, AWARD WILL BE

MADE TO THAT OFFEROR AND NO OTHER OFFEROR WILL BE

REVIEWED FOR TECHNICAL ACCEPTABILITY.

15. POINT OF CONTACT: CONTRACTING OFFICER: MARY

JANE JOHNSON, MARYJANE.JOHNSON@BIE.EDU,

505-803-4259.

00010 Electrical Services

Product/Service Code: S112

Product/Service Description: UTILITIES- ELECTRIC

Period of Performance: 09/25/2023 to 11/30/2023

Continued ...

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

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

5 73

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A2323R0089

Point of Contact: Ashley Elk Nation, Business

Specialist ashley.elknation@bie.edu 605-964-8777

CO: Mary Jane Johnson, Contracting Officer, maryjane.johnson@bie.edu, 505-803-4259

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

SOLICITATION NO.: 140A2323R0089

CONSTRUCTION: ELECTRICAL SERVICES FOR CHEYENNE EAGLE-BUTTE

SCHOOL

Mountain School

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 for electrical services to upgrade outlets and install mini splits throughout the entire school for the electrical system in accordance with the statement of work for Cheyenne-Eagle Butte School.

Period of Performance: (60) calendar days from the issuance of the Notice to Proceed.

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

B.3 OFFEROR’S SCHEDULE

OFFEROR’s SCHEDULE

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

Description Quantity Price

Materials: Electrical Mini Split and Outlet Upgrade 1 JOB

Labor for removal and installation 1 JOB

Disposal 1 JOB

Mobilization/Demobilization 1 JOB

Subtotal

Overhead & Profit

Bonding

TERO

Application State Tax

TOTAL:

Miscellaneous Work: The contractor shall not perform any of contingent sum work, until the Contracting Officer issues a contract modification authorizing performance of work in accordance with FAR Clause 52.243-4, Changes; and subject to availability of funds, FAR Clause 52.232-18, Availability of Funds.

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

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

In an emergency, a telephone approval may be granted by the Contracting Officer, and immediately the Contractor shall follow through by submitting a written cost proposal to the Contracting Officer.

SCHOOL

Mountain School

SECTION C:

Cheyenne-Eagle Butte School 2004 E Street

P.O. BOX 672

Eagle Butte, SD 57625

(P) 605-964-8777 (F) 605-964-8776

STATEMENT OF WORK

Cheyenne-Eagle Butte Electrical Infrastructure Renovation with Mini Split Units

1.0 INTRODUCTION:

The Cheyenne-Eagle Butte (C-EB) School is a K-12 education system operating on a multiple-building campus in Eagle Butte, South Dakota. The C-EB School is responsible for maintaining a safe, clean, and ADA-compliant facility for staff, students, and the public.

2.0 SCOPE OF WORK:

The Contractor will upgrade additional power sources in the Junior High Classrooms with 67 (20 amp) tamper-resistant duplex receptacles. Install 35 exterior mini split condensing units to feed interior HVAC units in the Junior High and Elementary Schools.

3.0 GENERAL INFORMATION:

3.1 Place of Performance

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

3.2 Hours of Operation

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

3.3 Federal Holidays

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

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

4.0 STATEMENT OF WORK:

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

SCHOOL

Mountain School

A. Contractor will remove existing and install new electrical panels in the corridors or modify existing panels and circuits; all renovations will need to be restored to the original state

B. Contractor will furnish and install 67 (20 amp) tamper resistant duplex receptacles

C. Contractor will furnish and install 35 exterior mini split condensing units to feed interior HVAC Units

D. Contractor will be responsible for modifying all light fixtures and other electrical equipment that is damaged during the completion of this project

E. Contractor will remove and replace all wall and ceiling components as needed for project installation

F. Contractor will cover all electrical permits and inspection fees

G. Contractor will ensure all electrical penetrations are fire caulked

H. Contractor will provide a warranty on all labor and materials

I. Contractor will remove and properly dispose of any debris from the project.

J. Contractor will abide by all Government, State, and Local Electrical Codes

K. C-EB School Maintenance Personnel will provide Contractor directions that ensure student safety

5.0 CONTRACT ADMINISTRATION:

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

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

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

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

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

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

1. Final inspection performed by the COR/Maintenance Personnel and Contractor

2. Training of local maintenance staff if needed.

3. Warranty and operating manual are provided to the COR or Maintenance Personnel.

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

6.0 DELIVERABLE SCHEDULE

SCHOOL

Mountain School

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

B. Total period of performance shall be ____60____ DAYS from the date of Notice to Proceed.

7.0 POINTS OF CONTACT (POC)

Contracting Officer (CO) Contract Specialist (CS) Mary Jane Johnson U.S. Department of the Interior Bureau of Indian Education Division of Acquisitions 1011 Indian School Rd NW Albuquerque, NM 87104 Cell: 505-803-4259 Email: maryjane.johnson@bie.edu

Mary Jane Johnson U.S. Department of the Interior Bureau of Indian Education Division of Acquisitions 1011 Indian School Rd NW Albuquerque, NM 87104 Cell: 505-803-4259 Email: maryjane.johnson@bie.edu

Contracting Officer Representative (COR) Contractor Point of Contact Ashley Elk Nation BIE-Cheyenne Eagle-Butte School E Street Bldg #2004 Eagle Butte, SD 57625-0672 Ofc: () Fax: () Email: Ashley.elknation@bie.edu

Name:

Phone:

Email:

END OF SECTION C DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCHOOL

Mountain School

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

SCHOOL

Mountain School

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

F.2 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.3 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.4 52.236-01 PERFORMANCE OF WORK BY THE CONTRACTOR APR 1984

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

F.5 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 19845

(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

SCHOOL

Mountain School 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.6 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

SCHOOL

Mountain School

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 BIE - Division of Acquisition 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.

SCHOOL

Mountain School

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

SCHOOL

Mountain School

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.

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

SCHOOL

Mountain School

A. Safety Program Submittal: Within 10 days following the awarding of a contract, the Contractor shall submit in writing to the Contracting Officer a proposed comprehensive safety program for approval. The Contractor’s safety program shall detail policies, procedures and plans that will be implemented to ensure the safety and health of employees and visitors at the job site. The Contractor shall prepare a list of major hazards associated with the contract work and provide in the safety program means to minimize the hazards.

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

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

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

H.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.

SCHOOL

Mountain School

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

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

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

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

H.8 DETERMINATION AND EXTENSION OF CONTRACT TIME

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

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

H.9 HOURS AND DAYS OF WORK

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

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

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

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

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

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

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

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

H.10 CONTRACTOR SECURITY REQUIREMENTS

SCHOOL

Mountain School

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

Otherwise access to the BIA facility may be denied. Special security provisions may apply to some task orders.

Employees may be required to submit to a background check and be United States citizens.

H.11 REAL ID ACT OF 2005

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

Further information on the Real ID Act can be found here: http://www.dhs.gov/real-id-enforcement-brief#

H.12 TEMPORARY FACILITIES

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

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

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

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

H.13 EXISTING UTILITIES

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

H.14 BACKGROUND INVESTIGATION

In accordance with 25 U.S.C. § 3201 et seq. (Pub. L. 101-630), the Indian Child Protection and Family Violence Prevention Act; 34 U.C.C. § 20351, et seq. (Pub. L. 101-647), the Crime Control Act of 1990, as amended; and 441 Departmental Manual, Personnel Security and Suitability Requirements, all positions with duties and responsibilities involving regular contact with or control over Indian children are subject to a background investigation and determination of suitability for employment.

Accordingly, all such positions require a favorable background screening by the Bureau of Indian Education (BIE), http://www.dhs.gov/real-id-enforcement-brief

SCHOOL

Mountain School

Personnel Security and Suitability Program and a favorable background investigation by the Defense Counterintelligence Service Agency (DCSA). The documentation required to initiate a background investigation shall be completed for any Contractor employee that will be onsite during the contract’s performance or have access to Personally Identifiable Information (PII). The complete submittal of the background investigation paperwork to the BIA/BIE will be accomplished within 14 days after contract award for service contracts or, for construction contracts, before a Notice to Proceed (NTP) is issued by the Contracting Officer. Pending the successful completion of a background investigation by the BIA/BIE and/or DCSA, the Contractor who has been granted a favorable screening (applicant and suitability) determination must, at all times, remain within sight and under the supervision of a Government employee (or other person designated by the Contracting Officer Representative (COR), who has successfully completed the background investigation. If an unfavorable screening (applicant and suitability) determination is made, an employee shall not be allowed onsite. If the Contractor’s employees are found onsite, without the proper authorization, the employee will face legal liability and the Contractor may have their contract terminated for default.