Sol_140A2325Q0089.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)

0044002042

Indian Education Acquisition Office

1011 Indian School Rd.

Suite 352A Albuquerque NM 87104

A23

Carolyn Sulla 0000000000

103/20/2025

140A2325Q0089

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: Lagoon Aerator at St.

Stephens Indian School, St. Stephens, WY.

This solicitation is 100% small business set-aside.

1. Funding: A firm fixed-price task order will be made under this solicitation, as funds are presently available. The Government reserves the right to cancel this solicitation before the closing date.

2. Proposal Acceptance Period/Date: The proposal acceptance period shall extend ninety (90) days past the Solicitation closing date.

3. Proposal Deadline: April 21, 2025, at 1700 MDT. The Contracting Officer expects prospective contractors to provide their proposal via e-mail to carolyn.sulla@bie.edu and dawn.sekayumptewa@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 Officers Representative (COR) no later than April 14, 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.)

5 30 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

04/21/2025

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

Indian Education Acquisition Office 1011 Indian School Rd.

Suite 352A Albuquerque NM 87104

A23

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 28

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A2325Q0089

2025.

5. Site Visit: A site visit for this requirement is scheduled to occur on April 7, 2025, at

10:00AM at the St. Stephens Indian School. Please e-mail the CO of your intent to participate in the site meeting NLT one day prior to the site visit.

6. On-site Access: A list of personnel, with all pertinent information, to include, name, phone number, e-mail, and contractor name, shall be submitted to the CS, CO, and COR and is a deliverable under the resulting task order.

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

Wage Determinations. The current determination is

WY20250009; See attachment 2 -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/.

8.Notice to Proceed (NTP): A NTP will be issued after the kickoff/Pre-Construction meeting and

Valid Background Screening.

9. Period of Performance: Thirty (30) Calendar

Days from the notice to proceed.

10. In accordance with FAR Part 36.204(b)

Disclosure of the Magnitude of Construction

Projects, the estimated price range is between

$25,000.00 and $100,000.00.

11. Special attention is called to FAR Clause

52.236-7, Permits and Responsibilities and FAR

Clause 52.229-3, Federal, State, and Local Taxes.

12. A task order 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

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 28

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A2325Q0089 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.

13. Points of Contact: CS/CO/COR: Carolyn Sulla

(CS), carolyn.sulla@bie.edu; Dawn Sekayumptewa

(CO), dawn.sekayumptewa@bie.edu; Theodore Steidl

(COR), theodore.steidl@bie.edu

Delivery: 05/29/2025

Delivery Location Code: 0011286500

BIE - St. Stephens Indian School

128 Mission Rd. PO BOX 345

Saint Stephens WY 82524 US

Period of Performance: 04/30/2025 to 05/29/2025

00010 LAGOON AERATOR

Product/Service Code: C1NE

Product/Service Description: ARCHITECT AND

ENGINEERING- CONSTRUCTION: WATER SUPPLY FACILITIES

00020 LAGOON AERATOR

Product/Service Code: C1NE

Product/Service Description: ARCHITECT AND

ENGINEERING- CONSTRUCTION: WATER SUPPLY FACILITIES

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

Sponsored by GSA

FAR (48 CFR) 53.110

SOLICITATION NO.: 140A2325Q0044

Lagoon Aerator at SSIS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 REQUIRED WORK:

The proposed work consists of the contractor shall provide all labor, materials, transportation, supervision, and the proposed work consists of the contractor providing all labor, materials, transportation, supervision, and incidentals necessary to install a lagoon aerator at the St. Stephens Indian School in the accordance with the Statement of Work.

B.2 PRICE 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. Incomplete price proposals will not be considered for award.

Description of Goods or Services Qty

Unit Price TOTAL COST ($)

Lagoon Aerator 1 JOB $

OVERHEAD & PROFIT $

SUB-TOTAL $

BONDING $

TERO FEES $

ALL APPLICABLE TAXES (Tribal and/or State) $

TOTAL $

B.3 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 install a lagoon aerator at St. Stephens Indian School in Saint Stephens, WY 82524 in 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:

St. Stephens Indian School 128 Mission Rd. P. O. Box 345 Saint Stephens, WY 82524

C.3 TECHNICAL SPECIFICATIONS:

All Project Specifications and Requirements are listed in Attachment 1.

C.4 THE MAGNITUDE OF CONSTRUCTION PROJECT:

Between $25,000 and $100,000.

C.5 CONTRACTOR’S RESPONSIBILITIES/CONDITIONS:

1. All Labor; equipment; materials/supplies; rentals; tools; insurances; taxes; safety; security; staging/storage; full time supervision; worker/owner/property protection; temporary utilities/hookups.

2. Traffic control; fall protection; deliveries; notifications/filings; permits, control measures on dust, noise, contamination;

general ground/soil restoration; daily and final site cleanup; housekeeping; trash/debris disposal, etc.

3. Any and all damages that may evolve from carelessness, negligence, irresponsibleness, including accidents to, but not limited to the BIA/BIE and their tenant’s property, assets, investments, etc. Any discoveries of hazardous and contaminant materials shall be reported immediately to the designated Contracting Officer Representative (COR) or General Engineer.

4. Any and all damages to existing property caused by the Contractor as result of but not limited to demolition, installation, deliveries, including the patching and repair of existing 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.

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

6. Describe warranty information with your proposal.

7. Field verification of actual dimensions, materials, angles (skew), slopes, alignment and all existing conditions shall be the sole responsibility of the Contractor.

C.6 CONSIDERATIONS AND FACTORS:

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

1. The pertinent contents of this Statement of Work (SOW) 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 BIA/BIE, thereby Contractors are specifically asked to pay careful attention in their examination and familiarity with the documents.

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

3. Coordination and cooperation with the school staff for people/vehicle traffic, their accesses and exits, control and coordination of noise, odors, vibration, and other distracting or disruptive activities that will impact operations.

4. All work to take place only during normal workdays with no weekends or holidays only in the event special prior approval is obtained from the Contracting Officer through arrangements with the Contracting Officer Representative (COR) and General Engineer as applicable.

5. Review time for technical and material submittal compilation and submission to the BIA/BIE Technical staff through the Contracting Officer for approval prior to any work or installation, which includes RFIs and CORs.

C.7 POST CONTRACT AWARD PREREQUISITES:

Successful Contractor shall provide for review and approval the listed following within 10 working days from the BIA/BIE’s official contract award date to the Contractor Officer through the COR.

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

• Contractor’s Itemized Schedule of Values in the applicable CSI Divisions acceptable by Owner.

• 100% Performance and Payment Bonds with BIA/BIE approved Surety.

• Site plan with locations of Contractors offices, staging, yards, storages, waste bins, haulage roads.

• Project specific Contractor’s Safety and Health Plan, Including Accident Prevention Plan.

• Primavera formatted detailed Contractors Project Schedule.

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

• Provide technical submittals/illustrative details and shop drawings/data to designated COR.

• Other Information /Documents as required by the BIA/BIE.

C.8 SHOP DRAWINGS/SUBMITTALS/MOCKUPS:

The successful Contractor shall compile, assemble, and formally submit all required information and/or action material submittals/shop drawings on the different material types being proposed to the BIA/BIE Technical staff for review and approval prior to commencing with any work or installation. The Contractor shall submit samples that contain all materials and accessories to be used along with physical samples of the different types of materials and products being proposed. The Contracting Officer’s Representative (COR) will be appraised of approved materials prior to start of work.

C.9 CLOSEOUT REQUIREMENTS:

AS requisite for final payment, the Contractor shall provide to the BIA/BIE’s Contracting Officer and it’s COR the following:

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

• Manufacturer Warranties for each building which identifies each building number and location for entire new work/installation against defective materials workmanship, etc. Include a one (1) year Workmanship Warranty.

• Demolition debris haulage tickets, manifests, landfill tickets/receipts.

• As-built record drawings, systems, demonstration of maintenance and upkeep.

• Documentation shall include all certified payroll reports and Release of Claims.

C.10 BID/PROPOSAL SCHEDULE AND SUBMISSION:

Submitting Contractors are asked to break out and format their bid/proposals separately for the subject building using the below bid schedule. Submission of bid/proposal(s) constitutes Contractor has familiarized itself with the conditions, location, potential variables and other logistics pertinent to the work and project, moreover, all contents of this SOW. Contractors shall include in their bid/proposals all applicable taxes, insurance, profit, overhead, location index, anticipated material escalations and other factors/conditions.

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 address: https://www.acquisition.gov/far

CLAUSES TITLE DATE

52.246-12 Inspection of Construction AUG 1996 52.246-13 Inspection – Dismantling, Demolition, or Removal of Improvements AUG 1996

E.2 DAILY REPORTING REQUIREMENT

The Contractor shall prepare and file a "Contractor's Daily Report", for each day of contract performance.

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

E.3 FINAL INSPECTION

A. Contractor Self-Inspection. Prior to the completion date, the Contractor’s Quality Control Manager shall conduct a self-inspection of the site and document all items needing correction by means of a punch list.

The corrected punch list shall be provided to the Contracting Officer’s Representative at the same time the pre- final inspection is requested. All punch list items must be corrected prior to requesting the pre-final https://www.acquisition.gov/far inspection.

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

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

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

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

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

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

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

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 address: https://www.acquisition.gov/far

CLAUSES TITLE DATE

52.211-13 Time Extensions SEPT 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 five (5) 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 30 (Thirty) calendar days. The time stated for completion shall include final cleanup of the premises.

F.3 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR APR 1984

The Contractor shall perform on the site, and with its own organization, General Construction work equivalent to at least fifteen percent (15%) of the total amount of work, excluding the cost of materials, will be performed by its own employees. Construction by special trade contractors, at least twenty-five percent (25%) of the cost of the construction, excluding the cost of materials, will be performed by its own employees. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

SECTION G – CONTRACT ADMINISTATION DATA

G.1 POST AWARD CONFERENCE:

A post award conference with the successful offeror is required. It will be scheduled and held within 15 days after the date of contract award. The conference will be held virtually via Microsoft Teams and further information will be provided after award.

https://www.acquisition.gov/far

G.2 CONTRACT ADMINISTRATION- GOVERNMENT:

All administrative questions shall be directed to: (Note: This is a virtual team - do not correspond via regular mail; instead correspond via email and include the order/contract number in the subject line.)

Dawn Sekayumptewa, Contracting Officer BIE-Division of Acquisition Operations Telephone No.: (505) 359-9477 Email: dawn.sekayumptewa@bie.edu

G.3 CONTRACTOR’S ADMINISTRATION:

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:

Email:

Address:

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 mailto:dawn.sekayumptewa@bie.edu 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 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.

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: dawn.sekayumptewa@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.

https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov http://www.councilfortribalemploymentrights.org/tero-faq/ mailto:dawn.sekayumptewa@bie.edu

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

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. Due at time of award.

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

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

d. Individual Surety – The bidders shall comply with FAR Clause 52.228-11, 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.

MODIFICATION PROPOSAL - COST BREAKDOWN

The Contractor, in connection with any proposal he makes for a contract modification, shall furnish a price breakdown, itemized as required by the Contracting Officer (CO). Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment, subcontract, and overhead costs, as well as profit, and shall cover all work involved in the modification, whether such work was deleted, added, or changed. Any amount claimed for subcontractors shall be supported by a similar price breakdown. In addition, if the proposal includes a time extension, a justification thereof shall also be furnished. The proposal, together with the price breakdown and time extension justification, shall be furnished by the date specified by the Contracting Officer.

DETERMINATION AND EXTENSION OF CONTRACT TIME

The calendar days, stated under Section F.2 – FAR 52.211-10, allowed for the performance of the contract is based upon the work to be performed and weather conditions that are normally anticipated in the area that may prevent work. Request for time extensions because of weather conditions will not be granted except in the case of unusually severe weather or “Act of Nature” unanticipated by this contract.

HOURS AND DAYS OF WORK

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

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

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

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

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

C. The COR shall prepare a detailed breakdown of government expenses incurred as a result of government personnel working in excess of the normal 40 hour work week to accommodate the contractor and shall submit this report to the CO (with a copy to the contractor) for reimbursement through a progress payment adjustment. The CO shall notify the contractor 10 working days in advance of making the adjustment in the next progress payment so that the Contractor is given the opportunity to review the report and any expenses claimed. Should the Contractor dispute the government expense report, the disputed items shall be submitted to the CO in writing within the time frame given by the CO and the CO shall make a final determination (within 20 working days of receipt of the disputed items).

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

TEMPORARY FACILITIES AND UTILITIES

The successful Contractor shall provide a secure staging and storage area near the maintenance building. It shall be the responsibility of the Contractor to provide their own temporary electrical power with generator and portable chemical toilet for use by their workers on site. No part of the school buildings or facilities will be used for storage or administrative purposes by the Contractor.

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

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

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

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

NON-COMPLIANCE WITH CONTRACT REQUIREMENTS

If the Contractor, after receiving written notice from the Contracting Officer of noncompliance with any requirement of this contract, fails to initiate promptly appropriate action(s) to bring performance/work into compliance with a contract requirement within a reasonable period of time, the Contracting Officer shall have the right to order the Contractor to suspend any or all work under the contract. This order shall be in force until the Contractor has complied or has initiated such action as may be appropriate to comply within a reasonable period of time. The Contractor will not be entitled to any extension of contract time or payment for any costs incurred as a result of being ordered to suspend work for such a cause.

SECTION I – CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE

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 these addresses: https://www.acquisition.gov and https://www.acquisition.gov/diar.

CLAUSES FAR CLAUSE TITLE DATE

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