Sol_140A2326Q0183.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

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

SOLICITATION

1. SOLICITATION NO.

5. REQUISITION/PURCHASE REQUEST NO.

CODE

6. PROJECT NO.

8. ADDRESS OFFER TO

4. CONTRACT NO.

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

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.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

NEGOTIATED (RFP) REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF

SEALED BID (IFB) INVITATION FOR BID

9. FOR

INFORMATION CALL

PAGES

140A2326Q0183

Indian Education Acquisition Office 1011 Indian School Rd.

Suite 352A Albuquerque NM 87104

A23

Yui Hoptowit 8089782605

07/10/2026

08/10/2026

10 30

FAR 52.211-10

This information is provided for the following project: Havasupai Elementary School, Fire Alarm Pull

Station Relocation.

1. Funding: A single firm fixed-price purchase order will be made under this solicitation. The

Government reserves the right to cancel this solicitation/Request for Quote (RFQ) before the closing date. This solicitation is 100% Small Business (SB) set aside. This requirement has a total of four

(4) statement of works. Bidding will be for all four statement of works.

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

3. RFQ Deadline: August 10, 2026 at 5 PM MDT. The Contracting Officer expects prospective contractors to provide their proposal via e-mail to yui.hoptowit@bie.edu.

4. Questions and Answers: Any questions relating to this solicitation shall be submitted to the following individuals: Contracting Officer (CO) and Contracting Officer's Representative (COR) no later

Continued...

1 38

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT

27. PAYMENT WILL BE MADE BY

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

20b. SIGNATURE 20c. OFFER DATE

Continued...

AMENDMENT

NUMBER

DATE.

Indian Education Acquisition Office 1011 Indian School Rd.

Suite 352A Albuquerque NM 87104

A23

Yui Hoptowit

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

140A2326Q0183 than ten (10) days prior to the RFQ deadline.

Any questions sent shall be submitted on the

Questions and Answers Log attached to this RFQ.

5. It has been determined that only images will be included in the solicitation package, and a site visit will not be permissible (as the tribe requires pre-approval via permits and reservations to travel into the canyon). The offeror must rely on information provided by the Government, such as drawings, specifications, and exploratory data, etc.

6. Period of Performance: 30 Calendar Days from

Notice to Proceed (NTP).

7. Special attention is called to FAR Clause

52.236-7, Permits and Responsibilities and FAR

Clause 52.229-3, Federal, State, and Local

Taxes. Any costs associated with this section shall be included in the contractor's firm fixed price proposal. Contractor is responsible for contacting the appropriate TERO office for coordination and approvals. Please refer to

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

8. Points of Contact: Yui Hoptowit, Contracting

Officer, yui.hoptowit@bie.edu

SOLICITATION NO.: 140A2326Q0183

Havasupai Urgent Fire Alarm Pull Station

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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 Fire Alarm Pull Station at the BIE Havasupai 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 ($)

1 Fire Alarm Pull Station Bldg 1022 1 JOB $ $

2 Fire Alarm Pull Station Bldg 1023 1 JOB $ $

3 Fire Alarm Pull Station Bldg 1024 1 JOB $ $

4 Fire Alarm Pull Station Bldg 1025 1 JOB $ $

OVERHEAD & PROFIT $

SUB-TOTAL $

BONDING $

TERO FEES $

ALL APPLICABLE TAXES (Tribal and/or State) $

TOTAL $

B.4 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.

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SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT:

The contractor shall furnish all necessary personnel, supervision, materials, equipment, services and facilities (except as otherwise specified) to perform the Fire Alarm Pull Station at Havasupai Elementary School in Supai, AZ in the accordance with the Statement of Work or Specifications (attachments to the Statement of Work/ Specifications are listed in Section J and are hereby made part of this solicitation and any resultant contract).

C.2 PROJECT LOCATION:

Havasupai Elementary School 40 Main St Supai AZ 86435

C.3 TECHNICAL SPECIFICATIONS:

All Project Specifications and Requirements are listed in Attachment 1.

C.4 THE MAGNITUDE OF CONSTRUCTION PROJECT:

Pursuant to FAR 36.204, the estimated price range is: Between $25,000 and $100,000.

C.5 FINAL PHOTOGRAPHIC DOCUMENTATION:

The contractor shall provide high-resolution digital photographs documenting the completed project. These photos shall be submitted upon final project completion and included with the final deliverable package.

Photographs shall be emailed to BIE_confacphotos@bie.edu.

SECTION D – PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

a. All shipments of materials, equipment and/or supplies to the project site shall be addressed to the

Contractor and not the Bureau of Indian Education. Preservation, packaging and packing shall be in accordance with standard practice for commercial packaging.

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

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

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

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 mailto:BIE_confacphotos@bie.edu https://www.acquisition.gov/far

P a g e 6 | 38 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 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 ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 (thirty) calendar days. The time stated for completion shall include final cleanup of the premises.

SECTION G – CONTRACT ADMINISTATION DATA

https://www.acquisition.gov/far

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G.1 POST AWARD CONFERENCE:

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

G.2 CONTRACT ADMINISTRATION- GOVERNMENT:

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

Yui Hoptowit, Contracting Officer BIE-Division of Acquisition Operations Telephone No.: (808) 978-2605 Email: Yui.hoptowit@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:

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

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

mailto:first.lastname@bie.edu

P a g e 8 | 38

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

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

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

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

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

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

g. Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the

Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

G.7 INVOICE AND PAYMENT:

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

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

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.

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

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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: [yui.hoptowit@bie.edu]. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards.

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

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

In accordance with FAR 52.236-21, Specifications and Drawings for Construction, all designs, drawings, specifications, or other works developed in the performance of this contract shall become the sole property of the Government and may be used on any other design or construction without additional compensation to the Contractor. The Government shall be considered the "person for whom the work was prepared" for the purpose of authorship in any copyrightable work under 17 U.S.C. 201(b). With respect thereto, the Contractor agrees not to assert or authorize others to assert any rights nor establish any claim under the design patent or copyright laws.

H.4 CONTRACTOR SECURITY REQUIREMENTS:

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

H.5 REAL ID ACT OF 2005:

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

1. General Requirements http://www.dhs.gov/real-id-enforcement-brief

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In accordance with 25 U.S.C. § 3201 et seq. (P.L. 101 630), the Indian Child Protection and Family Violence Prevention Act; 34 U.S.C. § 20351 et seq. (P.L. 101 647), the Crime Control Act of 1990; and 441 Departmental Manual, Personnel Security and Suitability Requirements, positions involving regular contact with or control over Indian children require a background investigation and a suitability determination. Note:

for construction contractor personnel, BIE HRO/Personnel Security Branch (PSB) policies require certain construction contractor personnel to undergo background investigations to ensure security and controlled access at BIE operated facilities when students are present.

2. Cleared and Non Cleared Personnel

a. Cleared Personnel. The Contractor shall ensure that a sufficient number of supervisory employees/contractors/agents complete a background investigation and receive a favorable determination from BIE HRO/PSB (“Cleared Personnel”).

b. Non Cleared Personnel. Personnel not designated as Cleared Personnel (“Non Cleared Personnel”) may perform work onsite only when all supervision, monitoring, and physical security controls identified in this clause are fully implemented.

c. Minimum Ratio. When students are present at BIE operated facilities, the ratio of Cleared Personnel to Non Cleared Personnel shall not exceed 1:8.

3. Supervision and Monitoring Requirements

a. Non Cleared Personnel shall remain under line of sight supervision by Cleared Personnel at all times.

b. Cleared Personnel must be positioned at each entry/exit point or placed such that they can maintain continuous visual oversight.

c. The construction site shall be continually monitored to ensure Non Cleared Personnel have no contact or interaction with students.

4. Physical Security Measures

a. The Contractor shall fully enclose the construction site with a minimum 6 foot high fence. Where fencing is not feasible, the Contractor shall implement alternative physical barriers and/or controlled access measures providing equivalent security.

b. The Contractor shall provide all necessary onsite facilities (e.g., portable restrooms) to prevent Non Cleared Personnel from entering any building where students may be present.

c. If Non Cleared Personnel must enter such a building, they shall:

1. Be escorted at all times by Cleared Personnel;

2. Obtain a work pass and/or visible badge from the site’s administrative office;

3. Display the badge on exterior clothing at all times.

5. Background Investigation Processing Requirements

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a. Background investigation documentation for all Cleared Personnel shall be submitted prior to issuance of the Notice to Proceed (NTP).

b. Contractors shall inform their employees of the importance of emailing the BIE PerSec staff on any delays at any stage of the background investigation process to prevent discontinuation of their investigation.

c. Personnel receiving an unfavorable screening or final background investigation determination shall not be permitted onsite.

d. Unauthorized presence of personnel lacking clearance or required supervision may result in removal from the premises and may constitute grounds for termination for default.

6. Contractor Responsibility

If an unfavorable screening or final background investigation determination is issued, the Contractor or proposed employer may be deemed non responsible and ineligible for award. During contract performance, employees with an unfavorable determination shall not provide services requiring access to any BIE operated facility when students are present.

7. COR Responsibilities

The COR shall initiate background check by submitting the BIE Personnel Security Intake Packet, ensure the completion of all required investigative forms, and coordinate with BIE HRO/PSB for screening and final adjudication.

8. Applicability Determinations

If questions arise regarding whether contract personnel require background investigations, consult with the COR and the Contracting Officer but the BIE Personnel Security Officer retains final authority for determining background investigation requirements.

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.

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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.

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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.

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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

52.204-2 Security Requirement, Alternate II (APR 1984) MAR 2021 52.204-9 Personal Identity Verification of Contract Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities

DEC 2023

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

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters OCT 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.211-5 Material Requirements AUG 2000 52.215-8 Order Precedence – Uniform Contract Format OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or

Pricing Data - Modifications

NOV 2021

52.216-4 Economic Price Adjustment-Labor and Material. JAN 2017 52.219-6 Notice of Total Small Business Set-Aside NOV 2020 52.219-14 Limitations on Subcontracting OCT 2022 52.219-28 Post-Award Small Business Program Representation JAN 2025 52.222-1 Notice to the Government of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards – Overtime Compensation MAY 2018 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees (DEVIATION FEB 2025) JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. MAY 2014 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52-222-54 Employment Eligibility Verification [Delete if order is <$150K or <120 days] JAN 2025 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts MAY 2024 52.223-3 Hazardous Material Identification and Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.223-10 Waste Reduction Program MAY 2024 52.225-9 Buy American – Construction Materials OCT 2022 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises JUNE 2000 52.226-7 Drug-Free Workplace MAY 2024 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving MAY 2024 https://www.acquisition.gov/ https://www.acquisition.gov/diar

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52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-11 Individual Surety - Pledges of Assets FEB 2021 52.228-14 Irrevocable Letter of Credit NOV 2014 52.229-3 Federal, State, and Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-16 Progress Payment NOV 2021 52.232-17 Interest MAY 2014 52.232-18 Availability of Funds APR 1984 52.232-23 Assignment of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.233-1 Disputes and Alternate I (DEC1991) MAY 2014 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements APR 1984 52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-16 Quantity Surveys APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes-Fixed Price AUG 1987 52.243-5 Changes and Changed Conditions APR 1984 52.245-1 Government Property SEP 2021 52.245-9 Use and Charges APR 2012 52.246-1 Contractor Inspection Requirements APR 1984 52.246-21 Warranty of Construction MAR 1994 52.247-1 Commercial Bill of Lading Notations FEB 2006 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form), Alt I APR 1984 52.249-10 Default (Fixed-Price Construction) APR 1984

FEDERAL ACQUISITION REGULATIONS (FAR) FULL TEXT

I.1 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (JAN 2025) (DEVIATION FEB 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(iv) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328), unless the agency grants an exception - see paragraph (b) of 52.204-27.

(v) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).

(vi) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(ix) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(x) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(xi) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(xii) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) ( Pub. L. 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.233-1, Disputes (May 2014).

(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (Jan 2025).

(viii) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

(ii) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)(Pub. L. 109-282) ( 31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(iii) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025) ( E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).

(iv) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (Jun 2020) ( 41 U.S.C. chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(v) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vi) 52.222-36, Equal Employment for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(viii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(ix)(A)52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B)Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

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(x) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331, et seq.))).

(xi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2024) ( 42 U.S.C.