Sol_140A2325R0008.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)

0044002214

Indian Education Acquisition Office

1011 Indian School Rd.

Suite 352A Albuquerque NM 87104

A23

Tanna Finley, Contracting Officer tanna.finley@bie.edu

Tanna Finley 505-918-2285

1x 12/10/2024

140A2325R0008

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: Loading Dock/Road - Haskell

Indian Nations University

1.Funding: An award will be made under this solicitation, as funds are presently available. The Government reserves the right to cancel this solicitation / Task

Order Request for Proposal (TORFP) before the closing date.

2.Contract Clauses: All contract clauses contained in the base GREAT PLAINS MATOC

IDIQ contract are hereby incorporated into this solicitation. The clauses contained in this TORFP supplement the clauses in the base GREAT PLAINS MATOC IDIQ.

3.Proposal Acceptance Period/Date: The proposal acceptance period shall extend sixty

(60) days past the TORFP closing date.

4.TORFP Deadline: January 24, 2025 at 5:00 P.M. Mountain Daylight Time (MDT).

5.Questions and Answers: Any questions relating to this solicitation shall be submitted to the following individuals: Contracting Officer (CO), Tanna Finley at tanna.finley@bie.edu no later than January 2, 2025 3:00PM MDT.

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.)

10 240 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

01/24/2025

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

Tanna Finley

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 21

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A2325R0008

6.On-site Access: A list of personnel shall be submitted to the CO and COR prior to the pre-proposal group site visit, which is scheduled for December 18, 2024 10:00AM MDT.

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

Proceed(NTP) will be issued after the kickoff meeting and after the contractor has the required authorizations, approvals, and can be expected to perform the work within the contracts period of performance.

8.Period of Performance: Two Hundred Forty (240)

Calendar Days after issuance of Notice to Proceed.

9.In accordance with FAR Part 36.204(f)

Disclosure of the Magnitude of Construction

Projects estimated price range is between

$1,000,000 and $5,000,000.

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 contractors firm fixed price proposal. Contractor is responsible for contacting the appropriate TERO office for coordination and approvals. Please refer to

Section H and the applicable clauses for additional information about these requirements.

11.This lowest price technically acceptable

(LPTA) method will used as described in Section

M. Please note that some offers that do not present the lowest price may not be reviewed for technical acceptability.

12.Points of Contact: Contracting Officer: Tanna

Finley, tanna.finley@bie.edu

Delivery: 240 Days After Notice to Proceed

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 21

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A2325R0008

Delivery Location Code: 0011284633

BIE HASKELL INDIAN NATIONS UNIV

155 Indian Avenue

LAWRENCE KS 66046 US

00010 Repair/replace Road

Product/Service Code: Z2LB

Product/Service Description: REPAIR OR ALTERATION

OF HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

00020 Repair/replace Loading Dock

Product/Service Code: Z2CA

Product/Service Description: REPAIR OR ALTERATION

OF SCHOOLS

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

Sponsored by GSA

FAR (48 CFR) 53.110

Task Order RFP No. 140A2325R0008

SECTION B – PRICE SCHEDULE

Propose your best prices 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.

CLIN DESCRIPTION UNIT UNIT PRICE TOTAL PRICE

Repair/Replace Road- The Contractor shall furnish all materials, labor, equipment, necessary to provide services in accordance with the attached Statement of Work (SOW).

1 Job

Repair/Replace Loading Dock- The Contractor shall furnish all materials, labor, equipment, necessary to provide services in accordance with the attached Statement of Work (SOW).

1 Job

Total

Miscellaneous Work: The contractor shall not perform any of contingent sum work, until the Contracting Officer issues a contract modification authorizing performance of work in accordance with FAR Clause 52.243-04, Changes, and FAR Clause 52.243-05, Changes and Changed Conditions; and subject to availability of funds, FAR Clause 52.232-18, Availability of Funds.

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

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

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

The Contracting Office will issue a contract modification to authorize the work for the "emergency".

SECTION C – STATEMENT OF WORK

See Section J for the Statement of Work.

SECTION D – PACKAGING AND MARKING

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

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

Please refer to the Great Plains Regional MATOC IDIQ contract for all requirements related to this section.

SECTION E – INSPECTION AND ACCEPTANCE

Please refer to the Great Plains Regional MATOC IDIQ contract for all requirements related to this section.

SECTION F -- DELIVERIES OR PERFORMANCE

F.1. 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within 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 240 calendar days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

Please refer to the Great Plains Regional MATOC IDIQ contract for all requirements related to this section.

SECTION G – CONTRACT ADMINISTATION DATA

Please refer to the Great Plains Regional MATOC IDIQ contract for all requirements related to this section.

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1. TRIBAL TAXES, REQUIREMENTS AND/OR RESTRICTIONS

(a) Special attention is called to FAR Clause 52.236-7, Permits and Responsibilities and FAR Clause 52.229-3, Federal, State, and Local Taxes. Offerors are responsible for contacting the 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 proposal.

(b) Contractor is responsible for contacting the appropriate TERO office for coordination and approvals.

H.2. MISCELLANEOUS WORKS:

The contractor shall not perform any of contingent sum work, until the Contracting Officer issues a contract modification authorizing performance of work in accordance with FAR 52.243-1 Changes-Fixed Price; and subject to availability of funds, FAR Clause 52.232-18, Availability of Funds.

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

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

In an emergency, a telephone approval may be granted by the Contracting Officer, and immediately the Contractor shall follow through by submitting a written cost proposal to the Contracting Officer. The Contracting Office will issue a contract modification to authorize the work for the "emergency".

H.3. 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 Statement of Work of a contract requires background investigations for contractor personnel. If the Contracting Officer or COR believes the Statement 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.

Please refer to the Great Plains Regional MATOC IDIQ contract for all requirements related to this section.

SECTION I – CONTRACT CLAUSES

I.1 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

I.2 52.252-02 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 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

Please refer to the Great Plains Regional MATOC IDIQ contract for all requirements related to this section.

https://www.acquisition.gov/far

SECTION J – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

ATTACHMENT TITLE OF DOCUMENT OR FORM PAGES

1A Statement of Work – Repair/Replace Loading Dock 11

1B Statement of Work – Repair/Replace Road 11

1C Basis of Design – Loading Dock 9

2 Wage Determination AZ20240022 6

3 Health and Safety Codes 4

4 IA Form 3000 Material Approval Submittal 2

5 IA Form C113 Progress Schedule 2

6 IA Form C713 Progress Report 1

7 SF-1413 Statement and Acknowledgement Form 1

8 SF-25 Performance Bond Form 2

9 SF-25A Payment Bond Form 2

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS OR RESPONDENTS

The following provision is included in addition to all representations, certifications, and other statements required by the MATOC IDIQ.

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212- 3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand;

https://www.sam.gov/ model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

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

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

(1) Representation. The Offeror represents that it does, does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it does, does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

FAR 5.204-29 Federal Supply Chain Security Act Orders-Representation and Disclosures (DEC 2023)

a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of provision)

FAR 52.233-2 and DIAR 1452.233-2 Service of Protest Department of the Interior (JUL 1996) (Deviation)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer by obtaining written and dated acknowledgment of receipt from the Contracting Officer.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(c) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the Department of the Interior Assistant Solicitor for Procurement and Patents, 1849 C Street, NW, Room 6511, Washington, D.C. 20240."

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

RESPONDENTS

A. General

1. To assure timely and equitable evaluation of the proposal, the offeror shall follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Failure to meet all requirements may result in an offer being ineligible for award. The response must consist of two

(2) separate parts:

I. Price Proposal II. Technical Proposal

A. Price Factors & Evaluation

1. The contracting officer has determined there is a high probability of adequate price competition for this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists no additional cost information will be requested.

C. Submittal of Proposals and Inquiries

1. Offerors must submit (1) electronic proposal submission via email. Offerors must submit two separate volumes: Volume I - Price Proposal and Volume II - Technical Proposal.

2. The government will not accept a facsimile proposal.

3. Any questions relating to this solicitation shall be submitted to the following individuals:

Contracting Officer (CO).

4. Points of Contact:

Contracting Officer: Tanna Finley, tanna.finley@bie.edu

D. Sufficient Detail

1. The proposal must be clear, concise, and must include sufficient detail for effective evaluation and for sustaining the validity of stated claims. The proposal should not simply rephrase or restate the government’s requirements but must provide convincing rationale to address how the offeror intends to meet these requirements. Offerors must assume that the government has no prior knowledge or experience. The government will base its evaluation on the information presented in the offeror’s proposal. The government reminds the offeror that the government reserves the right to award this effort based on the initial proposal as received, without discussions.

E. Proposal Format

1. An offeror’s proposal must consist of two separate volumes:

Volume Section/Title Copies Size Limit I Price Proposal 1 Copy Emailed N/A II Technical Proposal 1 Copy Emailed 20 pages

2. Documents submitted in response to the solicitation must be fully responsive to and consistent with the following:

a. Requirements of the solicitation and government standards and regulations.

b. Evaluation factors for award.

c. The proposal must not exceed the limits stated above. If the page limitations are exceeded, the pages in excess of the limit will not be read or considered in the evaluation of the proposal. The government will not accept any changes to the contractor’s proposal after the due date for proposals (See FAR 52.212-1(f) for further information regarding late proposals). If discussions become necessary, page limitations may be placed on responses to discussions. The specific page limits for discussion responses will be identified in the letters forwarding the responses to the offerors.

3. Paper, Page Size and Format: A page must consist of a single page of 8.5 x 11” dimensions.

Typing shall be Times New Roman Font, size 12.

a. MS-Word Format. Documents submitted using Microsoft Office must be saved in a format compatible with the Microsoft Office 2010 (DOCX) default format.

b. MS-Excel Format. All spreadsheets submitted shall be compatible with MS-Excel 2010.

c. PDF Format: Submit PDF documents that are compatible with Adobe Acrobat. Do NOT submit any documents in PDF format copied as “images.” All PDF files must be created in such a way to enable the textural search and copy functions in Adobe Acrobat.

4. Each volume must include a cover page with the following information:

a. Volume number and name of volume

b. Solicitation title

c. Offeror’s name, address, and contact information

d. Date of proposal and validity date

e. UIE number

5. Each volume must contain a detailed table of contents to delineate the subparagraphs within that volume. All volumes must contain page numbers. Offerors must use a standard page numbering system. Each volume must contain a glossary of all abbreviations and acronyms used, with a definition for each.

F. Specific Instructions

1. VOLUME I - PRICE PROPOSAL – The Contracting Officer (CO) will evaluate Offeror’s proposal for price reasonableness and completeness. A price is reasonable if, in its nature and amount, it does not exceed (or undervalue) that work which would be incurred, by a prudent person, in the conduct of competitive business. A price proposal is complete when all price/cost data as outlined in this TORFP, in the required format, has been submitted.

Volume I shall include:

a. Acknowledgement of any and all amendments to this TORFP and a statement that you consent to all terms of this TORFP.

b. A price schedule unit and extended prices inserted into the table listed in “Section B:

Price Schedule” above. All dollar amounts proposed must be rounded to the nearest dollar by each offeror. If any rounding is overlooked, the government will round all dollars to the nearest dollar. See the below Basis for Award portion for additional information.

c. FAR provision 52.204-8, “Annual Representations and Certifications” must be completed and returned along with your proposal. Note that registration in the online representations and certifications program at htttps://www.sam.gov also meets this requirement and can be provided in lieu of FAR 52.204-8. FAR 52.204-24 “Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment” is also covered by htttps://www.sam.gov representation.

VOLUME II – TECHNICAL PROPOSAL – The technical proposal must be specific and complete.

Legibility, clarity and coherence are very important. The proposal should not simply rephrase or restate the government’s requirements, but rather must provide convincing rational to address how the offeror intends to meet these requirements. Offerors must assume the government has no prior knowledge of their capabilities, work processes, facilities, and experience. The government will base its evaluation on the information presented in the offeror’s proposal. Elaborate brochures or documentation binding, detailed artwork, or other embellishments are unnecessary and are not desired. See the below Basis for Contract Award portion for additional information.

Volume II shall include:

i. A Technical Approach narrative that addresses, at a minimum: the construction approach, risk management, logistical requirements, environmental compliance, safety, quality control, and resolution of potential issues and challenges.

ii. A Key Project Management/Technical Support description that addresses key personnel, teaming partners, and/or subcontractors. Include organizational charts identifying key roles, the responsibilities, and resumes of those personnel. Limited to 3 pages per resume, identify qualifications & experience.

iii. A Project Schedule that includes an execution schedule outlining completion within the required period of performance. Capture all definable features of work, execution timelines, and highlight critical path items. Demonstrate coordination of work activities, phasing, and ensure the project will be delivered on times and on budget. The offeror shall specify their proposed period of performance in number of calendar days. The schedule may be prepared using the attached “IA Form C113 Progress Schedule”, or Microsoft scheduling software or equivalent. If using other than Form C113, at a minimum all information required by Form C113 must be included.

iv. A Quality Control Plan that demonstrates how to resolve problems logically, effectively, and expeditiously. Explain the management tools, resources, and methods used to identify, report, track, and resolve problems with no overlapping of duties and responsibilities for the QC staff.

v. Any exceptions or contingencies to the work described in the SOW shall be listed in full detail.

SECTION M – EVALUATION FACTORS FOR AWARD

1. Basis for Contract Award

This is a competitive lowest price technically acceptable source selection process to select the technically acceptable proposal with the lowest evaluated price. The government intends to award a single task order contract as a result of this solicitation. The government will award a contract resulting from this solicitation to the offeror(s) who provides the lowest price technically acceptable offer to the Bureau of Indian Education as determined by following the evaluation procedures described herein. Award will only be made to an offeror who is deemed responsible according to FAR Part 9, as supplemented, whose proposal conforms to the solicitation requirements.

2. Evaluation

Proposals will be evaluated on the basis of the evaluation factors listed below using the Lowest Price Technically Acceptable method. That is, price will be evaluated first. Only the lowest price offer will be examined for technical acceptability. If the lowest price offer is technically acceptable, award will be made to that offeror and no other offers will be reviewed for technical acceptability. If the lowest price offer is not technically acceptable, the second lowest offer will be reviewed for technically acceptability. The government will proceed in this fashion until an offer is determined to be technically acceptable. Therefore, some offers that do not present the lowest price may not be reviewed for technical acceptability.

The technical area will be evaluated on an “acceptable” or “unacceptable” basis. The following areas will be evaluated:

• Price – Total price reasonableness and completeness. The Government reserves its right to evaluate for price realism.

• Technical – (acceptable/unacceptable)

- Technical Approach

- Key Project Management/Technical Support

- Project Schedule

- Quality Control Plan

PRICE EVALUATION

1. Total Price: This criterion evaluates the overall price to the Government and determines if the proposed price is realistic, reasonable, and complete. Any inconsistencies between proposed performance and price must clearly be justified. The burden of credibility of price rests solely with the offeror. The following evaluation criteria apply:

i. Reasonableness: The offeror's proposal will be reviewed to determine if the proposed price is reasonable (see FAR 15.404-1(b)).

ii. Completeness: Price proposal will be evaluated to determine whether the offeror provided sufficient data as required by the solicitation and the Contracting Officer during the evaluation.

iii. Price Realism: The Government reserves its right to evaluate price realism. Price realism may be used to determine if the proposed price is unrealistically low in relation to the Government's Independent Cost Estimate, market conditions evidenced by other competitive proposals received, and the offeror's technical / management approach, such that there is a risk the offeror does not understand the procurement’s technical requirements or may not satisfactorily perform at the proposed price.

TECHNICAL EVALUATION

1. The Technical area will be evaluated on an “acceptable” or “unacceptable” basis.

2. The Technical Evaluation Team will rate any technical proposals that are evaluated according to the chart listed. All elements a-d must be met in order for the offer to be rated Acceptable.

i. Technical Standards:

(a) Technical Approach: The minimum standard is met by a narrative that addresses all of the elements listed in Section L with a realistic and achievable approach that will effectively accomplish the work described in the Statement of Work. Logical inconsistencies, discrepancies between the approach and the Statement of Work, unrealistic or unachievable strategies, and factual errors will result in an unacceptable rating.

(b) Key Project Management/Technical Support: The minimum standard is met when the proposal addresses all of the elements listed in Section L with a qualified team of key personnel, teaming partners, and/or subcontractors that collectively can accomplish the work described in the Statement of Work. Proposal of unqualified personnel, illogical teaming structures, or insufficient resources to accomplish the work will result in an unacceptable rating.

(c) Project Schedule: The offeror is required to provide a Progress Schedule that is complete, proper and accurate. The standard is met if the contractor addresses all elements required by the form properly (whether using Form C113 or an alternative), properly breaks out appropriate major elements of work, describes work elements in sufficient detail, accurately reflects a reasonable timeline (task duration), logically sequences major work elements reflecting a sound project approach and understanding of major project tasks, work element percentages of work values are accurate, reasonable and balanced, and overall project duration is within the specified maximum performance period duration (i.e. 240 calendar days) or sooner.

(d) Quality Control Plan: The minimum standard is met when the Quality Control Plan submitted is original and specific to the project and is consistent with the Statement of Work. Quality Control Plans that parrot the Statement of Work or are inconsistent with the Statement of Work will result in unacceptable rating.

The lowest priced technically acceptable offer whose price is determined to be realistic, reasonable and complete based on the above criteria will be determined the best value to the Government for award.

END OF TASK ORDER REQUEST FOR PROPOSAL

DEFINITION RATING

Passes (or meets) minimum standard requirements Acceptable Fails to meet minimum standard requirements Unacceptable