Sol_140A2325Q0065.pdf

COVER SHEET

ISSUING OFFICE: DOI – BUREAU OF INDIAN EDUCATION

CONSTRUCTION AND A/E SERVICES TEAM

1011 Indian School Rd NW Albuquerque, NM 87104

SOLICITATION #: 140A2325Q0065

PROJECT NAME: Keams Canyon Elementary School Gym Floor Replacement and Repair

SET-ASIDE TYPE: 1 0 0 % I n d i a n S m a l l B u s i n e s s E c o n o m i c E n t e r p r i s e ( I S B E E ) S e t - A s i d e

Submit Proposal to: Krisanne.Dernago@bie.edu

WRITE THE SOLICITATION NUMBER IN THE SUBJECT LINE

IMPORTANT NOTES:

• All offeror’s must be actively registered in the system for award management database prior to award under this solicitation. See FAR clause 52.204-7, System for Award Management on how to apply.

• Offers are being solicited only from Indian economic enterprises (IEEs) that are also small business concerns (ISBEE’s). Offers received from others will not be considered and will be rejected. SEE SECTION I – DIAR clause 1452.280-1 Notice of Indian Small Business Economic Enterprise Set-Aside and 1452.280-2 Notice of Indian Economic Enterprise Set-Aside for full details.

• Carefully review the proposal submission instructions in Section L. Note that DIAR 1452.280-2, Notice of IEE Set-aside and 1452.280-4, IEE Representation have a required submission, assurance, and self-certification that must be returned with the proposal submission.

https://www.acquisition.gov/far/52.204-7

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)

BIE EDUCATION

BIE Administration

1011 INDIAN SCHOOL RD NW

BIA BUILDING 2

AED

Albuquerque NM 87104

Krisanne Dernago, Krisanne.Dernago@bie.edu

Krisanne Dernago 0000000000

102/06/2025

140A2325Q0065

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

This information is provided for the following project:

1. Funding: A single firm fixed-price contract will be made under this solicitation, as funds are presently available. The Government reserves the right to cancel this solicitation / Request for Proposal (RFP) before the closing date.

2. Proposal Acceptance Period/Date: The proposal acceptance period shall extend one hundred twenty (120) days past the RFP closing date.

3. RFP Deadline: March 6, 2025, at 5:00pm MST. Prospective offerors shall submit their proposal via e-mail to Krisanne.Dernago@bie.edu

4. Questions and Answers: Any questions relating to this solicitation shall be submitted to the following individuals: Contract Specialist (CS), Contracting

Officer (CO) and Contracting Officer's Representative (COR) no later than February

26, at 3:00pm MST. Any questions sent shall be submitted on the Questions and

Answers Log attached to this RFP.

5. On-site Access: A list of personnel, with all pertinent information, to include, 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 52.211-10

03/06/2025

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

DOI, BIE EDUCATION

BIE Administration

1011 INDIAN SCHOOL RD NW

BIA BUILDING 2

AED

Albuquerque NM 87104

Dawn Sekayumptewa

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 26

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A2325Q0065 name, phone number, e-mail, and contractor name, shall be submitted to the CS, CO, and COR.

A Site Visit for this requirement is scheduled to occur on February 21, 2025, at 10:00am MST at the

Keams Canyon Elementary School. Please email the

Contract Specialist, Krisanne Dernago, Krisanne.Dernago@bie.edu of your intent to participate in the site visit meeting NLT one day prior to the site visit.

6. Wage Determination: Wages for all contractors and subcontractors must comply with Davis Bacon

Wage Determinations. The current determination is

# AZ20250027; See attached Wage Determination. Be advised the determination that is current at the time of the Purchase Order awarded is the determination that will apply for the project.

Current determinations are always available at:

https://sam.gov/.

7. Notice to Proceed (NTP): A NTP will be issued after the kickoff/Pre-Construction meeting, Receipt of Bonding and Valid Background Screening.

8. Period of Performance: Sixty (60) Calendar

Days from the notice to proceed (NTP)

9.In accordance with FAR Part 36.204 -Disclosure of the Magnitude of Construction Projects, the estimated price range is between $100,000.00 -

$250,000.00.

10. 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 TERO and/or appropriate Tribal Taxation Authority office for coordination and approvals. Please

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 26

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A2325Q0065 refer to Section H and the applicable clauses for additional information about these requirements.

11. 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.

12. Points of Contact: CS/CO/COR:

CS: Krisanne Dernago, Krisanne.Dernago@bie.edu

CO: Dawn Sekayumptewa, dawn.sekayumptewa@bie.edu

COR: Marvin Charley, Marvin.Charley@bie.edu

The government intends to award a single Firm

Fixed Price Construction Contract as a result of this solicitation. Contractor shall furnish all labor, materials, tools, equipment, and supervision for the replacement and repair of gym floor located at Keams Canyon Elementary School, Keams Canyon, AZ. Contractor shall be responsible for providing all necessary services, including but not limited to selective design, construction, installation, and supervision.

This is 100% set-aside for ISBEE Indian Small

Bus. Economic Enterprises.

NAICS: 236220, $45.0M

Delivery Location:

Keams Canyon Elementary School

100 Main Street

Keams Canyon, AZ 86034

00010 REPLACE/REPAIR GYM FLOOR

Product/Service Code: Z2PA

Product/Service Description: REPAIR OR ALTERATION

OF RECREATION FACILITIES (NON-BUILDING)

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 26

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A2325Q0065

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

SOLICITATION NO.: 140A2325R0015

Keams Canyon Gym Floor Replacement and Repair

PART I – THE SCHEDULE

SECTION B: SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS:

Base Items Supplies/Services Qty Unit of

Issue*

Unit Price Total Price

1 Gym Floor Replacement &

Repair

1 JB $ $

Profit: $

Subtotal: $

Bonding: $

All Applicable Taxes (Tribal and/or State): $

Total Proposed $

* 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

C.1 SCOPE OF CONTRACT:

The contractor shall furnish all necessary personnel, supervision, materials, equipment, services and facilities

(except as otherwise specified) to perform the Gym Floor Replacement and Repair at Keams Canyon Elementary

School in Keams Canyon, AZ in the accordance with the Statement of Work or Specifications (attachments to the

Statement of Work/ Specifications are listed in Section J and are hereby made part of this solicitation and any resultant contract).

C.2 PROJECT LOCATION:

Keams Canyon Elementary School

100 Main Street, Building 48

Keams Canyon, AZ 86034

C.3 THE MAGNITUDE OF CONSTRUCTION PROJECT:

Pursuant to FAR 36.204, the estimated price range is: Between $100,000 and $250,000

C.5 TECHNICAL SPECIFICATIONS:

All Project Specifications and Requirements are listed in the Attachment

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.

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

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

52.242-14 Suspension of Work APR 1984

F.2 FAR 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 days after NTP. The time stated for completion shall include final cleanup of the premises.

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:

Krisanne Dernago, Contract Specialist

Email: Krisanne.Dernago@bie.edu https://www.acquisition.gov/far https://www.acquisition.gov/far mailto:Krisanne.Dernago@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:

See FAR 52.232-5 Payments under FP Construction Contracts and/or FAR 52.232-16 Progress Payments.

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)

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.

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: Krisanne.Dernago@bie.edu and Dawn.Sekayumptewa@bie.edu

b. 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.

c. 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 https://www.ipp.gov/ https://www.acquisition.gov/far/52.232-5 https://www.acquisition.gov/far/52.232-16 mailto:IPPCustomerSupport@fiscal.treasury.gov mailto:Dawn.Sekayumptewa@bie.edu 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 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 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 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 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.

https://www.cdc.gov/coronavirus/2019-ncov/community/clean-disinfect/index.html

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.

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.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 address: https://www.acquisition.gov/far and https://www.acquisition.gov/diar

CLAUSES TITLE DATE

52.203-17 Contractor Employee Whistleblower Rights NOV 2023

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements and

Statements

JAN 2017

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities

DEC 2023

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-Representation OCT 2020

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023

52.204-29 Federal Supply Chain Security Act Orders-Representation and Disclosures DEC 2023

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015

52.215-8 Order Precedence – Uniform Contract Format OCT 1997

52.219-6 Notice of Total Small Business Set-Aside NOV 2020

52.219-14 Limitations on Subcontracting OCT 2022

52.219-28 Post-Award Small Business Program Representation FEB 2024

52.222-1 Notice to the Government of Labor Disputes FEB 1997

52.222-3 Convict Labor JUNE 2003

52.222-6 Construction Wage Rate Requirements AUG 2018

52.222-7 Withholding of Funds MAY 2014

52.222-8 Payrolls and Basic Records JUL 2021

52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance with Copeland Act Requirements FEB 1988

52.222-11 Subcontracts (Labor Standards) MAY 2014

52.222-12 Contract Termination-Debarment MAY 2014 https://www.acquisition.gov/diar

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations MAY 2014

52-222-14 Disputes Concerning Labor Standards FEB 1988

52.222-15 Certification of Eligibility MAY 2014

52.222-21 Prohibition of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-27 Affirmative Action Compliance Requirements for Construction APR 2015

52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified

Pricing Method)

AUG 2018

52.222-36 Affirmative Action for Workers with Disabilities JUN 2020

52.222-50 Combating Trafficking in Persons NOV 2021

52.222-55 Minimum Wages Under Executive Order 14026 JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts MAY 2024

52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024

52.223-17 Affirmative Procurement of EPA-designated Items in Services and Construction Contracts AUG 2018

52.223-21 Foams JUN 2016

52.225-13 Restriction on Certain Foreign Purchases FEB 2021

52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises JUNE 2000

52.226-7 Drug-Free Workplace MAY 2024

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving MAY 2024

52.227-4 Patent Indemnity-Construction Contracts DEC 2007

52.228-2 Additional Bond Security OCT 1997

52.228-5 Insurance – Work on a Government Installation JAN 1997

52.228-11 Individual Surety – Pledges of Assets FEB 2021

52.228-12 Prospective Subcontractor Request for Bonds DEC 2022

52.228-14 Irrevocable Letter of Credit NOV 2014

52.228-15 Performance and Payment Bonds-Construction JUN 2020

52.229-3 Federal, State, and Local Taxes FEB 2013

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014

52.232-16 Progress Payment NOV 2021

52.232-17 Interest MAY 2014

52.232-23 Assignment of Claims MAY 2014

52.232-27 Prompt Payment for Construction Contracts JAN 2017

52.232-33 Payment by Electronic Funds Transfer–System for Award Management OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023

52.233-1 Disputes and Alternate I (DEC1991) MAY 2014

52.233-2 Service of Protest SEP 20006

52.233-3 Protest after Award AUG 1996

52.233-4 Applicable Law For Breach Of Contract Claim OCT 2004

52.236-1 Performance of Work by the Contractor APR 1984

52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997

52.236-26 Preconstruction Conference FEB 1995

52.242-17 Government Delay of Work APR 1984

52.243-5 Changes and Changed Conditions APR 1984

52.244-6 Subcontracts for Commercial Products and Commercial Services FEB 2024

52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements AUG 1996

52.246-21 Warranty of Construction MAR 1994

52.249-1 Termination for Convenience of the Government (Fixed Price) (Short Form) and Alternate I

(APR 1984)

APR 1984

52.249-10 Default (Fixed-Price Construction) APR 1984

52.249-14 Excusable Delays APR 1984

52.253-1 Computer Generated Forms JAN 1991

1452.203-70 Restriction on Endorsements JUL 1996

1452.233-2 Service of Protest Department of the Interior JUL 1996

1452.236-70 Prohibition Against Use of Lead-based Paint JUL 1996

I.2 FAR AND DIAR CLAUSES INCORPORATED BY FULL TEXT

52.204-1 APPROVAL OF CONTRACT DEC 1989

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

52.225-9 BUY AMERICAN–CONSTRUCTION MATERIALS OCT 2022

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition

Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit.

Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through

2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or https://www.acquisition.gov/far/2.101#FAR_2_101

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows: NONE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the

Government determines that-

(i) The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1)The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2)For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph

(b)(3)(i)(A)(1) of this clause.

(3)The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components. (1)The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the

Buy…