Sol_140A2324R0060.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 CALL

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

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 05/06/2024

140A2324R0060

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

This solicitation is for a firm fixed construction for the following project:

Contractor is to provide all materials, supplies, incidentals, labor, equipment, and supervision necessary for the construction of an outdoor fitness course for

Breadsprings Day School in accordance with the statement of work.

1. A single firm fixed price contract will be issued using this solicitation.

2. Contract Clauses: All contract clauses contained in this solicitation package.

Provisions of this requirement are found within section K and L.

3. Proposal Acceptance Period/Date: The proposal acceptance period shall be ninety

(90) days past the closing date.

4. Proposal Deadline: June 03, 2024, at 12:00 PM Mountain Daylight Time

5. Contractor's shall send their proposals by email to maryjane.johnson@bie.edu, before the closing date and time of the solicitation.

6. Questions and Answers: Any questions relating to this solicitation shall be

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.)

10 180 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR Clause 52.211-10

06/03/2024

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. 12/2022)

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 THE UNITED STATES CODE AT

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 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

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.) Contractor agrees to furnish

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 33

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A2324R0060 submitted to maryjane.johnson@bie.edu no later than 4:00 PM MD on May 16, 2024. Responses will be provided in the attached Question log.

7. 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.

8. SITE VISIT: A site visit for this requirement is scheduled to occur on May 09, 2024, at

11:00AM. Participants are to meet at the

Breadsprings Day School. Please e-mail the

Contracting Officer your intent to participate in the site meeting prior to May 08, 2024.

9. WAGE DETERMINATION: Wages for all contractors and subcontractors must comply with Davis Bacon

Wage Determinations. The current determination is

General Decision NM20240024; See Attachment Wage

Rates. Be advised the determination that is current at the time of the award is the determination that will apply for the project.

Current determinations are always available at:

https://sam.gov/.

10. Notice to Proceed (NTP): A Notice to Proceed

(NTP) will be issued after the Pre-Construction meeting, Receipt of Bonding and Valid Background

Screening.

11. Period of Performance: One Hundred Eighty

(180) Calendar Days from notice to proceed.

12. In accordance with FAR Part 36.204(e)

Disclosure of the Magnitude of Construction

Projects estimated price range is between

$500,000 and $1,000,000.

13. 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 contract.

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 33

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A2324R0060

Notice to proceed will not be issued until the

Contractor provides sufficient bonding to cover the work being performed and have favorable background.

14. 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.

15. A contract 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.

16. Point of Contact: Contracting Officer: Mary

Jane Johnson, maryjane.johnson@bie.edu, 505-803-4259.

00010 Outdoor Fitness Course Construction

Product/Service Code: Y1PA

Product/Service Description: CONSTRUCTION OF

RECREATION FACILITIES (NON-BUILDING)

COR: Stanley Henderson, stanley.henderson@bie.edu

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 33

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A2324R0060

CO: Mary Jane Johnson, maryjane.johnson@bie.edu

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

SOLICITATION NO.: 140A2324R0060

Breadsprings Day School – Outdoor Fitness Course Construction

TABLE OF CONTENT

SECTION B – PRICE SCHEDULE

B.1 REQUIRED WORK 7

B.2 PROJECT LOCATION 7

B.3 OFFEROR’S SCHEDULE 7

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF WORK (SOW) 9

SECTION D – PACKAGING AND MARKING

D1. PACKAGING AND MARKING 13

SECTION E – INSPECTION AND ACCEPTANCE

E1. 52.246-12 INSPECTION OF CONTRUCTION 13

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE 13

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK 13

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 POST AWARD 14

G.2 CONTRACT ADMINISTRATION - GOVERNMENT 14

G.3 CONTRACT ADMINISTRATION - CONTRACTOR 14

G.4 CONTRACTING OFFICER 14

G.5 CONTRACTING OFFICER’S REPRESENTATIVE 14

G.6 DIAR 1452.201-70 AUTHORIES AND DELEGATIONS 14

G.7 INVOICES AND PAYMENT 15

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1

H.2 CONTRACTOR SAFETY PROGRAM REQUIREMENT 16

H.3 DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT 16

H.4 CONTRACTOR SECURITY REQUIREMENTS 16

H.5 REAL ID ACT OF 2005 16

H.6 EXISTING UTILITIES 17

H.7 COVID-19 GUIDELINES 17

H.8 BACKGROUND INVESTIGATION 17

H.9 BONDING REQUIREMENT 18

H.10 CONFERENCE CALLS AND MEETINGS 18

SECTION I – CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE AND FULL TEXT 20

SECTION J – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J.1 ATTACHMENTS 25

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

RESPONDENTS

K.1 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

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

L.1 – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS 29

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 EVALUATION FACTORS FOR AWARD 32

PART I – THE SCHEDULE

SECTION B: SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS:

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. Brand Name and Equal does apply.

Incomplete price proposals will not be considered for award.

Description Quantity Price

1 CONSTRUCTION (LABOR & INSTALLATION) 1 JOB

2 SITE PREPARATION (LABOR) 1 JOB

3 MOBILIZATION/DEMOBILIZATION 1 JOB

4 DISPOSAL FEE 1 JOB

5 FREIGHT 1 JOB

SUB-TOTAL (LABOR & INSTALLATION):

6 EQUIPMENT & MATERIALS (BRAND NAME OR EQUAL APPLIES)

Item #: 244196A, FitCore™ Extreme Angled Balance Beam Triple (5-12) Direct Bury 1 EA Item #: 246587A, FitCoreTM Extreme Welcome Sign 5-12 Direct Bury 1 EA Item #: 244201A, FitCore™ Extreme High Step (5-12) Direct Bury 1 EA Item #: 244193A, FitCore™ Extreme Jump Hang (5-12) Direct Bury 1 EA Item #: 244195A, FitCore™ Extreme Peg Bridge (5-12) Direct Bury 1 EA Item #: 244199A, FitCore™ Extreme Rope Climb (5-12) Direct Bury 1 EAD es ig n

6C

Item #: 244192A, FitCore™ Extreme Vertical Cargo Net (5-12) Direct Bury 1 EA Item #: 192451A, HealthBeat® Ab Crunch/Leg Lift Direct Bury 1 EA Item #: 192452A, HealthBeat® Assisted Row/Push-Up Direct Bury 1 EA Item #: 192455A, HealthBeat® Cardio Stepper Direct Bury 1 EA Item #: 192456A, HealthBeat® Chest/Back Press Direct Bury 1 EA Item #: 192457A, HealthBeat® Elliptical Direct Bury 1 EA Item #: 205938A, HealthBeat® Hand Cycler 1 EA Item #: 192464A, HealthBeat® Intro Sign Direct Bury 1 EA Item #: 192459A, HealthBeat® Plyometrics Direct Bury 1 EA Item #: 192460A, HealthBeat® Pull-Up/Dip Direct Bury 1 EA Item #: 192461A, HealthBeat® Squat Press Direct Bury 1 EA Item #: 205942A, Post w/1 Top Attachment Direct Bury 1 EA Item #: 205944A, Post w/2 and 0 Attachments Direct Bury 7 EA Item #: 205947A, Post w/3 Attachments Direct Bury 1 EA Item #: 205941A, Post w/No Attachment Direct Bury 1 EA

D es ig n

6A

Item #: 192462A, HealthBeat® Stretch Direct Bury 1 EA

BRIDGE:

Bridge 624 • 6' x 24' Bridge, Includes:

• The structural frame is treated SYP glulam timber

• Decking is treated 2" x 6" SYP, S4S

• All wood members are kiln dried SYP

• All hardware and connections are hot dipped galvanized steel

• 4' & 6' wide bridges up to 60' in length fully assembled

• 8' wide bridges to 60' in length with railings assembled

1 JOB

SAFETY SURFACING:

Fitness Trail• Furnish and Install 1/2" Top-Coat, with Aliphatic Binder, 13,800 SF (1301503)

1 JOB

Furnish and Install 3" Depth of Poured in Place, Aliphatic Binder, 50% Black/50% Color Mix, 1,650 SF (1301503)

1 JOB

Furnish and Install 4" Depth of Poured in Place, Aliphatic Binder, 50% Black/50% Color Mix, 2,812 SF (1301503)

1 JOB

FOOTER: Furnish Platform & Footers for Bridge 1 JOB SURFACING: Furnish Asphalt Pathway, 2234' x 6' at 2"-4" Depth with Leveling 1 JOB SUB-BASE: Furnish Platform for Fitness Equipment, 4" Base Course Compacted 1 JOB

SUB-TOTAL (Equipment & Materials)

GRAND TOTAL

Bonding Navajo Nation TAXES 6% All Applicable State Taxes

TOTAL:

* UNIT OF ISSUE – LS – Lump Sum; LSQ - Lump Sum Quantities, JB - Job

B.2 PAYMENT FOR BOND PREMIUMS:

Payment for bond premiums, in accordance with FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under separate line item.

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

New Mexico Navajo South Agency Bread Springs Day School

1750 East Skeets Road, Vanderwagen, New Mexico 87326

Statement of Work School Campus Obstacle Course

Overview:

Bread Springs Day School Building #1750 is currently seeking the installation of an obstacle course and fitness trail equipment course around the school campus site. The obstacle fitness equipment course will be utilized by the students and community at Bread Spring Day School and will see many years of useful and trouble-free service. This obstacle course and fitness trail will be beneficial in providing fitness exercise and outdoor fresh air exposure that will serve approximately 100 students, staff, and community daily. The fitness trail equipment course will consist of a bridge to cross an arroyo that frequently washes out with severe weather.

Scope of Work Objective Requested:

Bread Springs Day School is requesting to have a new obstacle and fitness trail equipment course installed on the school campus site. A licensed Contractor shall provide labor, transportation, materials, supplies, equipment, tools, testing of the new obstacle course and fitness trail equipment course located at Bread Springs Day School, Bldg. 1750. Licensed contractor will also be responsible of testing of newly installed unit to verify proper installation and full operational functions of the new obstacle course and fitness trail equipment course. Any damage of premises resulting of this job, and restoration of the damages will be expected to occur within the 5 calendar days of the period given to complete the job. Once job is finished, contractor will inform the NMNS Agency Office to inspect and approve the work performed.

The contractor shall remain solely responsible for all permits and filling all paperwork with Federal, State and Local agencies to satisfy all performance requirements in this performance statement of work. The requested obstacle course and fitness trail equipment course shall be new. The new obstacle course and fitness trail equipment course should be able to provide years of trouble-free service.

Obstacle Equipment Course Specifications Name Brand or Equal shall apply to the equipment below.

The obstacle fitness equipment course will consist of the following items:

Item #: 244196A, FitCore™ Extreme Angled Balance Beam Triple (5-12) Direct Bury Item #: 246587A, FitCoreTM Extreme Welcome Sign 5-12 Direct Bury Item #: 244201A, FitCore™ Extreme High Step (5-12) Direct Bury Item #: 244193A, FitCore™ Extreme Jump Hang (5-12) Direct Bury Item #: 244195A, FitCore™ Extreme Peg Bridge (5-12) Direct Bury Item #: 244199A, FitCore™ Extreme Rope Climb (5-12) Direct Bury Item #: 244192A, FitCore™ Extreme Vertical Cargo Net (5-12) Direct Bury Item #: 192451A, HealthBeat® Ab Crunch/Leg Lift Direct Bury Item #: 192452A, HealthBeat® Assisted Row/Push-Up Direct Bury Item #: 192455A, HealthBeat® Cardio Stepper Direct Bury Item #: 192456A, HealthBeat® Chest/Back Press Direct Bury Item #: 192457A, HealthBeat® Elliptical Direct Bury

Item #: 205938A, HealthBeat® Hand Cycler Item #: 192464A, HealthBeat® Intro Sign Direct Bury Item #: 192459A, HealthBeat® Plyometrics Direct Bury Item #: 192460A, HealthBeat® Pull-Up/Dip Direct Bury Item #: 192461A, HealthBeat® Squat Press Direct Bury Item #: 205942A, Post w/1 Top Attachment Direct Bury Item #: 205944A, Post w/2 and 0 Attachments Direct Bury Item #: 205947A, Post w/3 Attachments Direct Bury Item #: 205941A, Post w/No Attachment Direct Bury Item #: 192462A, HealthBeat® Stretch Direct Bury

Bridge 624 6’x 24’ Fitness Trail with ½” Top coat with Alphatic Binder, 13,800sq.ft.

Furnish 3” depth of poured in place binder mix, 1,650 sq.ft.

Furnish 4” depth of poured in place binder mix, 2,812 sq.ft.

Footer s for bridge (1193) Furnish and install asphalt pathway 4” base compacted for fitness course trail Labor and equipment

Work Requirements:

• Contractor will comply with the Codes and regulations standards issued by all Federal, State and Local government authority having jurisdiction over occupational health and safety issues.

• The obstacle course and fitness trail equipment course distancing and clearances will be in accordance with all codes and regulations.

• The obstacle course and fitness trail equipment course will be inspected, tested, and verified that all are installed correctly and in good standing safe working condition.

• Take any additional measures the Contracting Officer determines to be reasonably necessary for this purpose.

Hours Of Operation:

Bread Springs Day School hours of operation are from 8:00 A.M. through 4:30 P.M. Monday through Friday. The Contractor will schedule their working hours during operational hours of the Bread Springs Day School.

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 workday, the Contractor will be responsible for rescheduling.

New Year's Day -Labor Day-Martin Luther King's Birthday -Columbus/Indigenous Day -Presidents' Day-Veterans' Day-Memorial Day -Thanksgiving Day-Christmas Day -Juneteenth Day-Independence Day

Contractor's Responsibilities/Conditions:

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

• Equipment must meet ADA compliant per code.

• Contractor shall provide all labor, testing of equipment, removal/disposal of old equipment, materials/supplies.

transportation, 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.

• 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.

• The Contracting Officer shall notify the Contractor of any non-compliance with these requirements and the corrective actions required. The Contractor shall immediately take corrective action after receiving the notice. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order suspending all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule for any suspension of work issued under this clause.

• 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 CO will be at the Contractor's own risk.

• 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. Any changes to the project scope or other provisions of this Statement of Work (SOW) must be authorized in writing by the CO.

• The CO shall designate a COR for this project for the administration of this contract. The COR shall coordinate 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 COR has the authority to direct the Contractor to stop performance of work if unsafe work conditions are observed.

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

- Final inspection performed by the COR/Maintenance Personnel and Contractor -Training of local maintenance staff and athletic coaches.

-Warranty and operating manual shall be provided to the COR and/or Maintenance Personnel

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 licensed contractor is highly qualified and are a close vendor geographically. They possess necessary equipment and licenses and/or certifications 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 Bread Springs Day 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 Monday- Friday from 8:00am- 4:30pm 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:

• Licensed contractor shall consist of any clean-up and removal of debris, excess piping, dust and trash if generated and accumulated.

• Notify designated BIE personnel when job is completed, and walk-through will be conducted to verify work requested has been completed and justifiable. Inspection of all completed work and performance testing will be conducted. Any deficiencies shall be corrected by the contractor to ensure 100% functionality.

Performance Specification/Requirements:

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

• 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 and materials.

BIE POC:

• COR: Stanley Henderson, stanley.henderson@bie.edu,

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

END OF SECTION C

mailto:stanley.henderson@bie.edu mailto:maryjane.johnson@bie.edu

SECTION D: PACKAGING AND MARKING

D.1 PACKAGING AND MARKING:

a. All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the Bureau of Indian Education. Preservation, packaging and packing shall be in accordance with standard practice for commercial packaging.

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

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

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

Manufacturer's requirements shall be strictly adhered to.

END OF SECTION D

SECTION E: INSPECTION AND ACCEPTANCE

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998

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

Clause Title Date 52.246-12 Inspection of Construction AUG 1996

END OF SECTION E

SECTION F: DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998

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

Clause Title Date 52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.242-14 Suspension of Work APR 1984 52.242-17 Government Delay of Work APR 1984

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK APR 1984

The Contractor shall be required to (a) commence work under this contract within 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 180 days after NTP. The time stated for completion shall include final cleanup of the premises.

END OF SECTION F

https://www.acquisition.gov/far

SECTION G: CONTRACT ADMINISTRATION DATA

G.1 POST AWARD CONFERENCE:

A post award conference with the successful offeror is required. It will be scheduled and held within 10 days after the date of contract award. The conference will be held virtually via Microsoft Teams and further information will be provided after award.

G.2 CONTRACT ADMINISTRATION- GOVERNMENT: All administrative questions shall be directed to:

(Note: This is a virtual team - please correspond via email.)

Mary Jane Johnson, BIE Contracting Officer - Div. of Acquisition Operations 1011 Indian School RD NW Albuquerque, New Mexico 87104 Telephone No.: (505) 803-4259 Email: maryjane.johnson@bie.edu

G.3 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 Name POC Email Company Address POC Phone #

G.4 CONTRACTING OFFICER:

The Contracting Officer means a person who is the principal individual and responsible representative of the Government with the authority to enter into, administer and/or terminate contracts and make related determinations and findings pertaining to the contract. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment requests, reviews and makes final decisions on contractual discrepancies, and administers the contract. The Contracting Officer is the only authorized individual to make changes to the contract.

G.5 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.6 DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS SEP 2011

a. The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

b. The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

c. The COR is not authorized to perform, formally or informally, any of the following actions:

a. Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

b. Waive or agree to modification of the delivery schedule;

c. Make any final decision on any contract matter subject to the Disputes Clause;

d. Terminate, for any reason, the Contractor's right to proceed;

e. Obligate in any way, the payment of money by the Government.

d. The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

e. The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

f. The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

g. Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

G.7 INVOICE AND PAYMENT:

Electronic Invoicing and Payment Requirements- Invoice Processing Platform (IPP) (February 2021) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor.

To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is:

https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Reference FAR 52.232-5, 52.232-16, 52.232-27 and 52.232-33.

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 St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov 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 Local Clause)

END OF SECTION G

https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 TRIBAL TAXES AND/OR TERO FEE REQUIREMENTS:

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, regarding any requirements pertaining to tribal taxes 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 also responsible for contacting the tribe’s Tribal Employment Rights Ordinance/Office (TERO) to obtain information on applicable TERO requirements or fees. FAQ’s about TERO can be found at councilfortribalemploymentrights.org/tero-faq.

H.2 CONTRACTOR SAFETY PROGRAM REQUIREMENTS:

In accordance with FAR 52.236-13, Accident Prevention - Alternate I,

a. Safety Program Submittal: Prior to commencement of work, submit the written plan for implementing this clause to: maryjane.johnson@bie.edu]. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards.

b. Pre-Construction Safety Meeting: Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

H.3 DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT:

In accordance with FAR 52.236-21, Specifications and Drawings for Construction, all designs, drawings, specifications, or 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.4 CONTRACTOR SECURITY REQUIREMENTS:

At the Pre-construction Conference (and 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 a facility. Contractor personnel will be restricted to designated working areas and any personnel violating this policy may lose access to the facility.

Contractor personnel shall have photo identification at all times while working on BIA/BIE 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 a facility may be denied.

H.5 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 http://www.councilfortribalemploymentrights.org/tero-faq/ found here: http://www.dhs.gov/real-id-enforcement-brief#.

H.6 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.7 COVID-19 GUIDELINES:

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

a. COVID Symptoms. Any Contractor personnel, employees, subcontractors, partners, or workers who are experiencing symptoms of COVID-19, including but not limited to cough, shortness of breath or difficulty breathing, fever, chills, muscle pain, sore throat, new loss of taste or smell should not report to work. See CDC guidance on Quarantine & Isolation at https://www.cdc.gov/coronavirus/2019-ncov/your-health/quarantine-isolation.html. Contractor’s project managers and site superintendents are responsible to monitor employees for symptoms before and during work, and follow appropriate precautions in accordance with CDC and OSHA Guidance – https://www.cdc.gov/coronavirus/2019-ncov/community/workplaces-businesses/specific-industries.html. If a contractor’s employee is unsure if they are sick, they should consult their supervisor. Visitors exhibiting or reporting COVID-19 symptoms (i.e., cough or shortness of breath or difficulty breathing fever, chills, muscle pain, sore throat, new loss of taste or smell) should be encouraged through notice and signage to leave the facility and reschedule their meeting/visit for a future time when they are in good health.

b. Face Covers. Contractor personnel are required to wear face covers while onsite. Cloth face coverings are not respirators and are not appropriate substitutes where filtering face piece respirators are required. Employees who are performing tasks at elevated risk requiring respirators as identified through the job hazards analysis will be provided with the appropriate Personal Protective Equipment (PPE) to perform their jobs safely.

c. Social Distancing. The CDC guidance includes a primary objective of disease mitigation through good hygiene, staying home when sick, and social distancing. Social distancing is a set of actions taken to stop or slow the spread of a highly contagious disease. The CDC has determined that social distancing is an essential step in preventing the spread of COVID-19. The goal of social distancing is to limit face-to-face contact to decrease the spread of illness among people in community settings. Employees should practice social distancing by putting space (currently six feet) between themselves and others. Visitors that exceed the maximum occupancy for the space should not enter the space. Any waiting area should also be structured to limit aggregation of people to avoid crowding and maintain social distancing. Waiting areas should have suitable floor markings to facilitate social distancing.

d. Hygiene. Contractors will have an overall cleaning schedule that is consistent with CDC cleaning recommendations including using Environmental Protection Agency (EPA) recommended cleaning and disinfecting solutions (https://www.cdc.gov/coronavirus/2019-ncov/community/clean-disinfect/index.html).

Additionally, the Contractor shall encourage and support frequent hand washing, hand sanitizing and wiping down of surfaces in high traffic, shared spaces (e.g., elevator lobbies, community desk, pantry, nooks, meeting rooms, restrooms, phone booths). Workstation configurations and schedules should accommodate simplified cleaning measures wherever possible.

H.8 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 http://www.dhs.gov/real-id-enforcement-brief https://www.cdc.gov/coronavirus/2019-ncov/your-health/quarantine-isolation.html https://www.cdc.gov/coronavirus/2019-ncov/your-health/quarantine-isolation.html https://www.cdc.gov/coronavirus/2019-ncov/community/workplaces-businesses/specific-industries.html https://www.cdc.gov/coronavirus/2019-ncov/community/workplaces-businesses/specific-industries.html https://www.cdc.gov/coronavirus/2019-ncov/community/clean-disinfect/index.html duties and responsibilities involving regular contact with or control over Indian children are subject to a background investigation and determination of suitability for employment.

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

Additionally, the individual and/or the company who proposed to employ this individual may be determined to be non- responsible if an unfavorable screening (applicant and suitability) determination is made and may be deemed ineligible for contract award. If an unfavorable final background investigation determination is made, the contract may be terminated and the employee in question shall not be authorized to provide service to the BIA/BIE if the services involve contact with or regular control over Indian children. It is solely the COR’s responsibility to initiate background checks for all Contractors and their employees in the BIE BEARCUBS system, which includes but is not limited to appropriate investigative forms and/or inquiries about their previous investigation; and, obtain a screening (applicant and suitability) determination, and subsequent final background investigation.

The Contracting Officer will consult with the COR when questions arise as to whether or not the scope of work of a contract requires background investigations for contractor personnel. If the Contracting Officer or COR believes the scope of work performed by contract personnel should not require a background investigation, the Personnel Security Officer will be contacted for concurrence and has the final authority to determine if background investigation(s) are required.

H.9 BONDING REQUIREMENTS:

a. Bid Bond – The amount of the bid bond shall be 20% of the original contract price.

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, Pledge of Assets.

e. Third Party Indemnification Agreements. The bidder shall furnish a copy of any indemnification agreements that it entered into in order to secure the bonds required by the solicitation by the time set for bid opening. If an indemnification agreement was not requirement in order for the bidder to obtain the required bonds, an affidavit to that effect shall be provided by the surety along with the bid bond by the time set for bid opening.

Failure to furnish a copy of the required indemnification agreement or the surety’s affidavit may cause the bid to be rejected.

H.10 CONFERENCE CALL AND MEETINGS:

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

Proceed is issued, a Pre-Construction Meeting will be conducted online Microsoft Teams meetings by the Bureau of Indian Education, Contracting Officer.

B. Scheduled Construction Meetings: Unless determined otherwise by the Contracting Officer, online Microsoft Teams meetings will be conducted weekly or biweekly to be led by the prime contractor.