Sol_140A2326Q0203.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4.

FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED.

OFFER

ADDENDA

ADDENDA

140A2326Q0203

See Schedule See Schedule

Indian Education Acquisition Office 1011 Indian School Rd.

Suite 352A Albuquerque NM 87104

07/24/2026 1000 MD

Leah Azure

(505) 803-4256

A23 100.00

A23

Leah Azure

621340

$12.5

07/14/2026

ADMINISTERED BY:

Indian Education Acquisition Office

1011 Indian School Rd.

Suite 352A

Albuquerque NM 87104 US

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

SECTION B – CONTINUATION

Solicitation – 140A2326Q0203

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with part 12. This announcement constitutes the only solicitation. Quotes are being requested and a separate written solicitation will not be issued. Solicitation number 140A2326Q0203 is issued as a request for quotation (RFQ) for Physical Therapist Services. This acquisition is set-aside for Small Business concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

NAICS: 621340 - Offices of Physical Therapists.

Size Standard: $12.5 – in millions of dollars Service Code: Q518 - Physical Rehabilitation

NOTE: The prospective contractor shall review the solicitation in its entirety.

Refer to Section E for additional instructions (52.212-1) and evaluation criteria (52.212-2)

1. CONTRACT TYPE Firm Fixed Price

A firm-fixed-price contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract.

It is expressly agreed and understood that this is a nonpersonal service contract under which the contractor is an independent contractor. The Government may evaluate the quality of professional and administrative services provided but retains no control over the contractor, its employees or agents. The contractor shall indemnify the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance. The contractor shall maintain liability insurance, in a coverage amount acceptable to the contracting officer, which is not less than the amount normally prevailing within the local community for the specialty concerned. The contractor is required to ensure that its subcontracts for services include the maintenance of liability insurance.

2. DELIVERY TERMS FOB Destination

3. LOCATION OF SERVICE / DELIVERY

DOI - Bureau of Indian Education Turtle Mountain Middle School 1330 Braves Blvd Belcourt, ND 58316

4. PERIOD OF PERFORMANCE

Year Dates Base Year 08/01/2026 – 06/30/2027

5. PAYMENT TERMS (Accelerated Payment) Net 15

Payment within 15 days in arrears upon delivery of goods/services, after inspection & acceptance, and receipt of a proper invoice.

6. PRICE

The price is an all-inclusive firm fixed price. All-inclusive is defined as all costs/expenses which include but are not limited to Federal/State/Local Taxes, TERO fees, Delivery, Shipping & Handling, Goods, Service, Labor, and all other fees necessary to complete the work. Option years are not guaranteed. Renewals are based on satisfactory Contractor performance, continued government need, and the availability of funds. TERO – applicability.

Fees: 32.05.020 Contractors, Subcontractors and Minority Businesses | Turtle Mountain Law Library License: 32.05.040 Tribal Business License | Turtle Mountain Law Library Office: https://tmchippewa.com/tero/

Pricing Table

Description Quantity in Hours

Unit Price per Hour Total Price

Physical Therapist 45 $ $ TERO Fee (3% of total) $

Subtotal: $ Annual TERO License (unlicensed vendors only) $

Grand Total: $

7. INVOICE INSTRUCTIONS

Invoices shall be submitted electronically through the U.S. Department of the Treasury's Internet Payment Platform System (IPP). The IPP website address is: https://www.ipp.gov Contractor assistance with technical support can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract FAR 52.212-4, Invoice.

At a minimum a proper invoice shall include:

- Name and address of the Contractor;

- Invoice date and number;

- BIE Contract number:

- Description, quantity, unit of measure, unit price and extended price of the items delivered.

- Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading.

- Terms of any discount for prompt payment offered;

- Name and address of official to whom payment is to be sent;

- Name, title, e-mail and phone number of person to notify in event of defective invoice; and

- Taxpayer Identification Number.

Additional Invoice Requirements:

a. The Contractor shall attach an itemized invoice to each IPP payment request.

b. Improper invoices may result in an invoice rejection. The Contractor shall promptly correct invoices upon notice.

c. Invoices shall NOT contain Personal Identifiable Information (PII), Personal Health Information (PHI), nor progress reports of specific work performed. Examples of PII / PHI – Student Name, Date of Birth, health information, social security number, or any other information considered to be protected under the Privacy Act and HIPAA.

8. POINTS OF CONTACT

Government Contractor

9. REPORTING MATTERS INVOLVNIG FRAUD, MISMANAGEMENT, WASTE AND ABUSE

Anyone who becomes aware of the existence or apparent existence of fraud, waste, and abuse in DOI funded programs is encouraged to report such matters to the DOI Inspector General’s Office in writing or on the Inspector General’s Hotline. The toll-free number is 1-800-424-5081. All telephone calls will be handled confidentially. One may also fill out an online form at http://www.doi.gov/oig/index.cfm. Additionally, the IG may be contacted through its mailing address:

U.S. Department of the Interior Office of Inspector General 1849 C Street NW - Mail Stop 4428 Washington, D.C. 20240

10. CONTRACTOR KEY PERSONNEL

(a) Key personnel is defined as the Physical Therapist

(b) All key personnel assigned to work under this contract shall be United States citizens.

(c) Key personnel shall possess the necessary knowledge, skills, and ability to perform the work being requested.

(d) Key personnel shall complete and pass the security clearance process prior to commencement of work. The contractor shall not assign any staff to report onsite for work until clearance has been granted. The contractor shall be found in breach of contract, which shall be grounds contract termination if unauthorized staff are found onsite without approved security clearances.

(e) Personnel considered essential (“key personnel”) to the work performed under this contract shall be mutually agreed upon by the contractor and the Government and will be specified in this contract. During the first 120 calendar days of the contract, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. Prior to removing, replacing, or diverting any of the specified individuals, the contractor shall promptly notify the Contracting Officer (CO) and provide the information required below:

(1) All proposed substitutions shall be submitted to the CO for approval at least 30 calendar days in advance of the proposed effective date (unless substitution is necessitated by sudden illness, death, or termination of employment in which case notice shall be within five (5) calendar days of the effective date) and must provide the information as stated herein.

(2) All requests for substitutions shall be in writing unless otherwise agreed to by the CO and shall include a complete resume for the proposed substitute and any other information required by the CO to permit effective evaluation of the proposed substitutions’ qualifications.

(3) Requests for substitution of “key personnel” above must also provide a detailed explanation of the circumstances necessitating it and sufficient information for the CO to evaluate the impact of the substitution on purchase order performance.

11. SECURITY & INVESTIGATIONS

Safety and Security (information technology, systems, and facility) requirements are enforced. The Contractor and all contractor personnel shall remain in compliance with federal law, regulation, policy and procedures.

Information Security:

The contractor, and all subcontractors, shall ensure at all times the safety and protection of personal identifiable information (PII) and personal health information (PHI) by using secure networks, VPN portals, and equipment which is security protected. PII / PHI is considered to be but is not limited to student name, date of birth, social security number, health information, or any other information considered to be private or protected. The contractor shall not save any records which contain PII / PHI on personal equipment or servers. All records shall be properly archived and disposed of in accordance with federal records management policy and regulation. [e.g., Privacy Act, Health Information Portability and Accountability Act]

The Contractor shall be willing to complete all required training provided by the Government such as but not limited to:

Annual Information Technology security training.

Background Investigations:

Key personnel may be required to complete and pass a security background investigation.

Individual subject to investigation shall possess and maintain a Real ID issued by the State within the United States.

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, access to federal networks, or federal facilities 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 Contractor shall ensure that staff presented are capable of passing an investigation to include fingerprinting prior to commencement of work. The investigation at a minimum shall entail both a national criminal history fingerprint search and an investigation of conduct in the following areas: residence, employment, education, and references. The Contractor shall provide full cooperation during the investigation process as well as provide accurate and complete data to allow for timely processing. Providing partial or incomplete data which results in multiple requests for information or rework shall be considered failure to cooperate. The Contractor shall be removed should unnecessary delays occur. Typically, the Government investigates personnel at no cost to the Contractor. However, multiple investigations for the same position may, at the Contracting Officer’s discretion, justify reduction(s) in the contract price of no more than the cost of the additional investigation(s).

The Contractor shall NOT recommend placement under contract any individual who has the following disqualifiers:

Automatic Disqualifiers / Lifetime Ban

In accordance with the requirements of 25 CFR § 63.12, no person, regardless of circumstances, will be approved for a childcare position if their background check discloses that the individual has been found guilty of or entered a plea of nolo contendere or guilty to any felonious offense, or any of two or more misdemeanor offenses under Federal, State, or Tribal court for any of the following categories:

a. Crimes of Violence. An offense that has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another or, any other offense that is a felony and that, by its nature, involved a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

b. Sexual Offenses. Any sexual act directed against another person, without the consent of that person, including instances when the person is unable to give consent. Sexual offenses include, but are not limited to, rape, sexual assault, sexual molestation, indecent assault and battery, fondling, sexual contact, sexual exploitation, prostitution, incest, statutory rape, sexual abuse, or indecent exposure.

c. Crimes Against Persons. An offense that has, as an element, the use, attempted use, or threatened use of physical force or other abuse of a person and includes, but is not limited to, homicide, assault, kidnapping, or false imprisonment.

d. Offenses Committed Against Children. Any felonious or misdemeanor crime under Federal, State, or Tribal law committed against a victim that has not attained the age of eighteen years.

Other Factors Potential Disqualifiers:

In addition to the automatic disqualifiers, the government must review the background investigation and may consider other potential character or conduct issues prior to making a favorable determination.

a. Suitability Factors for Childcare Positions. An applicant, volunteer, employee, or contractor subject to 25

CFR § 63 childcare requirements may be disqualified from consideration or continuing employment if it is found that:

(1) The individual's misconduct or negligence interfered with or affected a current or prior employer's performance of duties and responsibilities.

(2) The individual's criminal or dishonest conduct affected the individual's performance or the performance of others.

(3) The individual made an intentional false statement, deception, or fraud on an examination or in obtaining employment.

(4) The individual has refused to furnish testimony or cooperate with an investigation.

(5) The individual's alcohol or substance abuse is of a nature and duration that suggests the individual could not perform the duties of the position or would directly threaten the property or safety of others.

(6) The individual has illegally used narcotics, drugs, or other controlled substances without evidence of substantial rehabilitation.

(7) The individual knowingly and willfully engaged in an act or activities designed to disrupt government programs.

b. Statutory or Regulatory Bars. An individual must be disqualified for Federal employment if any statutory or regulatory provision would prevent their lawful employment. This includes, but is not limited to, the following:

(1) Statutory or regulatory bars from federal employment.

(2) Failure to register for the Selective Service.

(3) Inability to demonstrate legal status to work in the United States.

Clearance Denials:

The largest reason for denials is due to dishonesty when completing forms or omissions.

Example:(1) Failing to identify an arrest even if the arrest did not result in being charged with a crime.

Just being arrested doesn't mean it will be an automatic disqualifier. The government will look at the issue and evaluate the circumstances of the incident and apply Suitability Factors and additional Considerations when making a final determination.

(2) Failing to list the full legal name (first name, middle name, last name) or use of abbreviations, such as a middle initial only.

(3) Failing to answer the Selective Service Registration question, as female applicant.

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 line of sight of a government employee (or other person designated by the Contracting Officer Representative), until successfully completion of 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 may face legal liability and the Contractor may have their contract terminated for cause / 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 individual in question shall not be authorized to provide service to the BIA/BIE.

If the Contracting Officer or COR believes the work to be performed by contractor 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.

12. SAFETY & HEALTH

The Contractor shall comply with all installation safety regulations, policy and procedures when on-site. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal. Contractor and contractor personnel shall sign in and out with the security desk when on-site. Copies of policy, procedure, and regulations are on file in the activity safety office or may be obtained through the COR.

Personal Protective Equipment (PPE): The Contractor shall be responsible for providing their personnel with adequate training for all potential hazards that their personnel may encounter while performing services in a school setting to ensure safety. Contractor personnel shall utilize PPE as appropriate in a school setting and as required by policy, OSHA, and other regulating bodies. The Contractor shall ensure that assigned staff have been trained on proper use of PPE to ensure that staff know when it is necessary; what kind is necessary; how to properly put it on, adjust, and take it off; limitations of equipment;

proper care, maintenance, useful life, and safe disposal of equipment.

Immunizations: Contractors shall be current and willing to provide evidence of the following immunizations.

• MMR Immunization (measles, mumps, and rubella)

- Individuals born on or after 1957 can be considered immune and shall provide documentation of physician-diagnosed measles, laboratory evidence of measles immunity, or adequate immunization with two doses of live measles vaccine on or after their first birthday.

- Individuals born prior to 1957 need not be considered susceptible; measles vaccine or proof of immunity is therefore not required.

• Tdap-Tetanus, diphtheria, acellular pertussis or, current Td booster.

• Polio

• Annual TB (tuberculosis) test results as negative

Illness: At no time shall contractor personnel enter school property when sick and/or experiencing symptoms of infectious disease or illness such as nausea, vomiting, fever, chills, coughing, etc. Please consult with the Contracting Officer Representative to discuss symptoms, as necessary.

13. GOVERNMENT FURNISHED PROPERTY / EQUIPMENT

The Government will provide an identification badge to any on-site visitor. ID badges shall return to the security officer at the end of contract and/or departing campus. The Contractor shall possess and provide for review a valid photo ID issued by the state, upon request.

The Government will provide applicable equipment and supplies, such as a laptop, required for the work.

The contractor shall not utilize personal computers, printers, or equipment for any work that requires access to DOI/BIE networks or PII/PHI. The contractor shall be liable for all Government equipment assigned, which includes safeguarding it from damage, theft, or loss. The contractor shall follow government policies and procedures pertaining to use of government assigned equipment and shall report events of damage, theft, or loss to the COR immediately.

The Government assumes no liability for the theft, damage, or loss of the contractor's personal items, property, or equipment;

therefore, contractor personnel are encouraged to use caution and properly secure their possessions.

14. FOOD, LODGING, EXPENSES

Contractor personnel shall be responsible for his/her own food, lodging, and other personal expenses.

15. CONTRACT CLOSEOUT

The contract closeout process shall begin as soon as possible after the contract is physically complete.

This means that the contractor has delivered the required supplies/services and the Government has inspected and accepted them. At the outset of this process, the Contractor and Government shall review the contract funds status of any excess funds the Government might de-obligate.

Payment and Claims: To allow for timely closeout, the Contractor shall submit all invoices and claims in a timely manner during contract performance as well as submit a final invoice upon completion of the base year. The Contractor shall actively monitor invoices or claims submitted to the Government to ensure all payments due were received.

SECTION C – CLAUSES

1. DEPARTMENT OF THE INTERIOR ACQUISTION REGULUATION / CLAUSES

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/diar/part-1452-solicitation-provisions-and-contract-clauses (End of clause)

Incorporated in Full Text - Clause Title Date

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;

(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. (End of clause)

1452.228-70 Liability Insurance. (Jul 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$1,000,000.00 each person $1,000,000.00 each occurrence $1,000.000.00 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number, and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work. (End of clause)

2. FEDERAL ACQUISITION REGULATION / CLAUSES

52.252-2 Clauses Incorporated by Reference. (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far-overhaul (End of clause)

Incorporated by Reference – Clause Title Date 52.203-17 Contractor Employee Whistleblower Rights. (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (Jan 2017) 52.204-9 Personal Identity Verification of Contractor Personnel. (Jan 2011) 52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204-19 Incorporation by Reference of Representations and Certifications. (Dec 2014) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (Nov 2015). (DEVIATION May 2026) 52.212-4 Terms and Conditions—Commercial Products and Commercial Services. (Nov 2023) (DEVIATION Mar 2026) 52.219-6 Notice of Total Small Business Set-Aside. (Nov 2020)(DEVIATION Jan 2026) 52.219-14 Limitations on Subcontracting. (Oct 2022) (DEVIATION Jan 2026) 52.222-3 Convict Labor. (Jun 2003) (DEVIATION May 2026) 52.222-19 Child Labor—Cooperation with Authorities and Remedies. (Jan 2025) (DEVIATION May 2026) 52.222-50 Combating Trafficking in Persons. (Oct 2025) (DEVIATION May 2026) 52.222-90 Addressing DEI Discrimination by Federal Contractors. (DEVIATION May 2026) 52.223-23 Sustainable Products and Services. (May 2024)(DEVIATION May 2026) 52.224-1 Privacy Act Notification. (JUL 1996) (Deviation) 52.224-2 Privacy Act. (Apr 1984) 52.224-3 Privacy Training. (Jan 2017) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. (May 2024) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management. (Oct 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Mar 2023) 52.233-3 Protest After Award. (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (Oct 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (Apr 1984) 52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (DEVIATION Mar 2026) 52.240-91Security Prohibitions and Exclusions. (DEVIATION Mar 2026) 52.240-93 Basic Safeguarding of Covered Contractor Information Systems. (DEVIATION Mar 2026) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Jan 2025) (DEVIATION May 2026)

Incorporate by Full Text – Clause Title Date

52.224-1 Privacy Act Notification. (JUL 1996) (Deviation) The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of1974, Public Law93-579, December 31,1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

Applicable Department of the Interior regulations concerning the Privacy Act are set forth in 43 CFR 2, subpart D. The CFR is available for public inspection at the Departmental Library, Main Interior Bldg., 1849 C St. NW, Washington DC, at each of the regional offices of bureaus of the Department and at many public libraries.

(End of Clause)

52.222-90 Addressing DEI Discrimination by Federal Contractors (DEVIATION MAY 2026)

(a) Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer;

and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States. (End of clause)

SECTION D – DOCUMENTS, EXHIBITS AND ATTACHMENTS

Attachment Pages Statement of Work 01-pages

Section D – Statement of Work

Physical Therapy Services Turtle Mountain Middle School

Background The Turtle Mountain Middle School serves students on the Turtle Mountain Indian Reservation. The scope of work calls for professional related services to assist the school in implementing special education and related services as authorized under P.L. 108-446 Individuals with Disabilities Education Improvement Act (IDEIA). The purpose of IDEIA is to provide a free appropriate public education to students who have identified disabilities and by reason thereof require specialized instruction including related services to meet their unique educational needs. Currently, one student requires Physical Therapy services.

Schedule The contractor will provide onsite PT services and evaluations (both initial and re-evaluation) to the students at Turtle Mountain Middle School approximately once per week. Service shall occur between the hours of 8:00 am and 3:00 pm Monday through Friday, excluding holidays. The contractor will be available to answer questions whenever necessary by email, phone calls, virtual meetings, and when on-site.

Physical Therapy Duties The contractor, serving as the Physical Therapist, must demonstrate comprehensive knowledge, skills, and abilities required to independently deliver all facets of Physical Therapy services to students within a school environment.

1. Services will include direct therapy to students, consultations with staff / parents, evaluations / assessments, providing documentation/service logs of therapy sessions and offer compensatory time when and if needed.

2. The contractor will provide a direct service log for each student and each visit; and will be asked to meet with the Special Education Department at the beginning of the contract.

3. The contractor will collaborate with the Special Education Coordinator to establish a weekly schedule.

4. Observes, screens, evaluates students and provides documentation of referrals;

5. Ensure that all evaluations are completed within the specified timelines, and submit a written report to the team prior to the multidisciplinary meeting;

6. Attends and participates in multidisciplinary team meetings;

7. Design and implement therapy plans that include a comprehensive narrative detailing the student's specific needs, clearly defined and measurable goals, as well as accurate present level of performance statements.

8. Ensure ongoing communication and guidance for teachers and paraprofessionals delivering weekly services to students;

9. Assesses equipment requirements and provides recommendations to staff regarding identified needs;

10. Prepares and submits comprehensive written reports detailing student progress at the conclusion of each academic quarter.

11. Provide training and ongoing support to both staff and parents.

12. Shall provide service while respecting patient rights and personal dignity.

13. Shall provide service in a respectful and courteous manner when dealing with students and staff.

14. Services shall be provided onsite.

Section D – Statement of Work

Qualification Requirements – Physical Therapist

• One (1) Physical Therapist is required to provide service.

• Must be able to deliver onsite services.

• Shall be a United States citizen.

• Shall be fully knowledgeable of special education requirements, laws, and regulations as well as reporting timeframes within the State of North Dakota.

• Must hold a full, current, and unrestricted license to practice physical therapy in North Dakota.

• Must maintain a full, current, and unrestricted licensure during the term of the contract.

• Must be proficient in written and spoken English.

• Subject to and must pass a background/security investigation conducted by the bureau.

• Education and Experience: Must meet at least one of the requirements below:

(1) Bachelor's degree in Physical Therapy AND five (5) years of progressively independent experience as a physical therapist in a school setting.

(2) Master's degree in Physical Therapy AND two (2) years of progressively independent experience as a physical therapist in a school setting.

(3) Doctorate degree in physical therapy with experience in a school setting.

(4) Individuals must be a graduate of a Commission on Accreditation in Physical Therapy Education (CAPTE) accredited college or university.

(5) Only education or degrees recognized by the U.S. Department of Education from accredited colleges, universities, schools, or institutions may be used to qualify.

SECTION E – PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far-overhaul (End of provision)

Incorporated by Reference – Clause Title Date 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (Sep 2024) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

(Jan 2017) 52.204-7 System for Award Management. (Nov 2024) (Deviation Mar 2026) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation. (Nov 2015) (Deviation May 2026) 52.209-5 Certification Regarding Responsibility Matters. (Aug 2020) (Deviation May 2026) 52.209-7 Information Regarding Responsibility Matters. (Oct 2018) (Deviation May 2026) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (Feb 2016)

(Deviation May 2026) 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services. (Sep 2023) (Deviation Mar 2026)

Incorporated in Full Text –

Clause Title Date 52.203-2 Certificate of Independent Price Determination. (Apr 1985)

(a) The offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or (2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of provision)

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services. (Sep 2023) (Deviation Mar 2026) Addendum-

• Prospective Contractors shall assume that the government “has no prior knowledge” of their capabilities and experience and will base its evaluation on the information presented in each quote. Simply stating that the company will perform in accordance with the statement of work and/or providing a copy of the solicitation in response to the solicitation is considered unacceptable. The quote may be determined nonresponsive and removed from further consideration. The contractor shall follow the solicitation instructions in this section, 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services, including the addendum below, and clearly address the evaluation criteria, 52.212-2, on its own document. Failure to comply with all instructions and address the evaluation factors in the quote may result in the quote being found nonresponsive and/or technically unacceptable and removal from consideration.

• Price.

The contractor shall submit an all-inclusive firm fixed price quote in response to this solicitation. All-inclusive is defined as all costs/expenses which include but are not limited to Federal/State/Local Taxes, TERO fees, Delivery, Shipping & Handling, Goods, Service, Labor, and all other fees necessary to complete the work. The quote may be determined unacceptable and removed from further consideration of the quote contains incomplete pricing or verbiage which indicates that price is subject to change after award. The Contractor shall complete and submit Section B – Price, with the quote.

• Contractor Capability. Prospective contractors must demonstrate sufficient resources to fulfill the contract or the ability to acquire them. The possession and retention of key personnel are fundamental requirements for successful contract execution. The government is seeking a company with personnel who are available for deployment upon contract award.

Contractors shall outline in their quote how they plan to staff and manage the contract, specifying the methods they will use to meet all contractual obligations, and include acceptable evidence of the contractor’s ability to secure necessary resources.

Acceptable evidence consists of a commitment or explicit arrangement, that will be in existence at the time of contract award, to acquire the key personnel. The key personnel commitment or arrangement shall identify the length of commitment time.

• Experience. The prospective contractor shall demonstrate in the quote relevant experience providing the same or similar services, as it relates to this requirement. Sufficient experience is considered to be at least one year of successful contract performance. The information shall include a brief description of the service provided, length of time, and location. Having a track record of experience providing the same or similar service under a contract is an indicator of future performance and reducing risk. Relevant experience with similar contracts shows a contractor's capabilities, expertise, and understanding of the specific requirements.

• Key Personnel.

Designated personnel must demonstrate appropriate qualifications, experience, and capability to independently perform the responsibilities as outlined in the statement of work, Required Skills and Qualifications.

The quote shall address the following:

On-site Service: Confirmation of the provider's ability to provide on-site service.

Resume: Meets or exceeds the qualifications listed in Section D, Statement of Work

(Qualification Requirements)

• Subcontracting. The quotation must provide a comprehensive list of all subcontractors involved, detailing the specific tasks assigned to each subcontractor and indicating the percentage of work they are responsible for. The Contractor is obligated to review and complete the attached subcontracting limitations certification and submit it along with the quotation. If all work is self-performed, the quotation shall explicitly state that subcontractors will not be utilized and that all work will be completed in-house.

• The contractor shall identify the company SAM Registration Cage Code and UEI number in the quote.

• The contractor shall include a current point of contact information which includes first name, last name, e-mail, telephone number, and physical mailing address.

• The contractor shall acknowledge all amendments.

• The contractor shall be properly registered in SAM.gov to include small business status.

• The Government shall not be liable for any fees/costs incurred by quotation preparation. Preparing and submitting a quote in response to this solicitation is strictly voluntary.

• E-mail attachments shall be in PDF format and compatible with Microsoft Office software.

NO zipped files permitted.

• All inquiries, questions, quotations, & amendments shall be submitted to: leahr.azure@bie.edu

52.212-2 Evaluation—Commercial Products and Commercial Services. (Nov 2021) (Deviation Mar 2026)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate quotes:

Quotes will undergo a comparative evaluation to determine which quote provides the best value for the Government.

The government reserves the right to select a quote other than the lowest priced quote, if the benefits justify the additional cost. Selection for award is not based on price alone.

The Government intends to make an award without engaging in discussions or negotiations; therefore, quoters should ensure their initial submission presents optimal technical and pricing terms. The Government retains the discretion to clarify elements of any quote and may elect not to award a contract, subject to the quality of submissions and available funding.

Capability

Key personnel constitute a critical resource for achieving successful contractor performance; consequently, the contractor's…