Sol_140A2326Q0244.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

140A2326Q0244

Indian Education Acquisition Office 1011 Indian School Rd.

Suite 352A Albuquerque NM 87104

0044052633

A23

Yui Hoptowit 8089782605

08/14/2026

09/04/2026

10 150

This information is provided for the following project: Southwestern Indian Polytechnic Institute, Playground Hazard Mitigation

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.

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

3. RFQ Deadline: September 4, 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 Officers (CO), and Contracting Officer's Representative (COR) no later than August 24, 2026 at 5 PM MDT. Any questions sent shall be submitted on the Questions and

Continued...

1 26

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

Answers log attached to this RFP.

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

Site Visit: A site visit for this requirement is scheduled to occur on August 21, 2026 at 1

PM MDT at Southwestern Indian Polytechnic

Institute (SIPI). Please e-mail the CO of your intent to participate in the site meeting NLT one day prior to the site visit.

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

Wage Determinations. The current determination is #NM20260038; See attachment - Wage

Determination. Be advised the determination that is current at the time of the Purchase

Order awarded is the determination that will apply for the project. Current determinations are always available at: https://sam.gov/.

7. A notice to proceed (NTP): An NTP will be issued after the kick/pre-construction meeting, bonding, and valid background screening.

8. Period of Performance: One hundred and fifty

(150) calendar days from the notice to proceed.

9. Special attention is called to FAR Overhaul

Clause 52.236-7, Permits and Responsibilities and FAR Overhaul Clause 52.229-3, Federal, State, and Local Taxes. Offerors are responsible for contracting the tax authorities and tribe and tribal organization involved with regard to any requirements regarding state taxes, tribal taxes, royalties, and/or other applicable tribal laws or ordinances. Any costs associated with this section shall be included in the contractor's firm fixed price proposal.

10. A purchase order is being competed using the Lowest Price Technically Acceptable source selection process described in Section L & M.

Continued...

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

In accordance with Section M, the total price will be evaluated upon reasonableness and completeness. Note, only the lowest responsive offer will be evaluated for technical acceptable, award will be made to that offeror, and no other offeror wil be reviewed for technical acceptability.

11. Point of Contact: CO/COR:

CO: Yui Hoptowit, yui.hoptowit@bie.edu

COR: Garrick Harlan, garrick.harlan@bie.edu

Delivery: 150 Days After Notice to Proceed

Delivery Location Code: 0011284495

BIE SOUTHWESTERN IND POLY INST

9169 Coors Rd NW

ALBUQUERQUE NM 87120 US

00010 PLAYGROUND RESURFACE & FENCE REPAINT

Product/Service Code: C1CA

Product/Service Description: ARCHITECT AND

ENGINEERING- CONSTRUCTION: SCHOOLS

Period of Performance: 09/07/2026 to

02/01/2027

SOLICITATION NO.: 140A2326Q0244

Playground Hazard Mitigation - SIPI

PART I – THE SCHEDULE

SECTION B: SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS:

Base Items Supplies/Services Qty Unit of Issue*

Unit Price Total Price

1 Bldg 135 Playground Resurfacing

1 JB $ $

2 Repainting of Fence Around the Playground Area

1 JB $ $

3 Installation of a Shade System for Toddler Swings

1 JB $ $

4 Installation of New Wood Chips Around Swing Area

1 JB $ $

Profit: $

Subtotal: $

Bonding: $

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

Total Proposed for Base Items $

* UNIT OF ISSUE – LS – Lump Sum; LSQ - Lump Sum Quantities, JB - Job

B.2 PAYMENT FOR BOND PREMIUMS:

Payment for bond premiums, in accordance with FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under separate line item.

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT:

The contractor shall furnish all necessary personnel, supervision, materials, equipment, services and facilities (except as otherwise specified) to perform the Plyaground Hazard Mitigation at Southwestern Indian Polytechnic Institute (SIPI) in Albuquerque, NM 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:

Southwestern Indian Polytechnic Institute

1969 Coors Blvd, Albuquerque NM 87120

C.3 TECHNICAL SPECIFICATIONS:

All Project Specifications and Requirements are listed in Attachment 1

C.4 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.

mailto:BIE_confacphotos@bie.edu

SECTION D: PACKAGING AND MARKING

a. All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the 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

52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998

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

Clause Title Date 52.246-12 Inspection of Construction AUG 1996

SECTION F: DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998

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

Clause Title Date 52.211-13 Time Extensions SEP 2000 52.242-14 Suspension of Work APR 1984

SECTION G: CONTRACT ADMINISTRATION DATA

G.1 POST AWARD CONFERENCE:

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

G.2 CONTRACT ADMINISTRATION- GOVERNMENT: All administrative questions shall be directed to:

(Note: This is a virtual team - please correspond via email & include RFQ or PO number)

Yui Hoptowit, Contract Specialist – Div. of Acquisition Management Phone: (808) 978-2605 Email: yui.hoptowit@bie.edu

G.3 CONTRACT ADMINISTRATION- CONTRACTOR:

Designate a person whom the Government may contact during the period of the contract for prompt action on matters pertaining to the administration of the contract. Authorized Administrator is:

Company Name POC Name POC Email https://www.acquisition.gov/far https://www.acquisition.gov/far mailto:yui.hoptowit@bie.edu

Company Address POC Phone #

G.4 CONTRACTING OFFICER:

The Contracting Officer means a person who is the principal individual and responsible representative of the Government with the authority to enter into, administer and/or terminate contracts and make related determinations and findings pertaining to the contract. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment requests, reviews and makes final decisions on contractual discrepancies, and administers the contract. The Contracting Officer is the only authorized individual to make changes to the contract.

G.5 CONTRACTING OFFICER'S REPRESENTATIVE:

a. The Contracting Officer shall designate a Contracting Officer's Representative (COR) who will represent the Contracting Officer in the technical phase of the work. The COR's duties, responsibilities, and limitations of authority will be set forth in a written COR designation letter. A copy of the COR designation letter will be made available to the Contractor.

b. The COR is not authorized to make any changes to the terms and conditions of this contract. Only the Contracting Officer is authorized to make any changes to the contract by a properly written signed modification to the contract.

c. The Contracting Officer is the only official who can legally commit or obligate the Government for expenditure of public funds.

G.6 DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS SEP 2011

a. The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

b. The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

c. The COR is not authorized to perform, formally or informally, any of the following actions:

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.

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. 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:

Refer to FAR 52.232-5 Payments under FP Construction Contracts, FAR 52.232-16 Progress Payments, and FAR 52-232-27 Prompt Payment for Construction Contracts. 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 when submitting their quote.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 TRIBAL TAXES AND/OR TERO FEE REQUIREMENTS:

a. Special attention is called to FAR Overhaul Clause 52.236-7, Permits and Responsibilities and FAR Overhaul Clause 52.229-3, Federal, State, and Local Taxes. Offerors are responsible for contacting the tribe, or tribal organization involved, regarding any requirements pertaining to tribal taxes and/or other applicable tribal laws or ordinances. Any costs associated with this section shall be included in the contractor's bid.

H.2 CONTRACTOR SAFETY PROGRAM REQUIREMENTS:

In accordance with FAR Overhaul 52.236-13, Accident Prevention - Alternate I, Alternate I ( Nov 1991). If the contract will involve (a) work of a long duration or hazardous nature, or

(b) performance on a Government facility that on the advice of technical representatives involves hazardous materials or operations that might endanger the safety of the public and/or Government personnel or property, add the following paragraph (f) to the basic clause:

(f) Before commencing the work, the Contractor shall-

(1) Submit a written proposed plan for implementing this clause. 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; and

(2) 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 https://www.ipp.gov/ https://www.acquisition.gov/far/52.232-5 https://www.acquisition.gov/far/52.232-16 https://www.acquisition.gov/far/52.232-27#FAR_52_232_27 mailto:IPPCustomerSupport@fiscal.treasury.gov subcontractors) and suppliers, to the Contracting Officer (note: after award, an SF1413 is required to be completed and returned to the Contracting Officer for each subcontract entered into). 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 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.6 BACKGROUND INVESTIGATIONS

1. General Requirements

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

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.7 BONDING REQUIREMENTS:

a. Bid Bond (use SF24) – Bid bond shall be 20% of the original contract price.

b. Performance Bond (use SF25) – Performance bond shall be 100% of the original contract price.

c. Payment Bond (use SF25A) – 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. Furnish a copy of any indemnification agreements that was entered into in order to secure the bonds required by this solicitation by the time set the RFQ closes. If an indemnification agreement was not requirement to obtain the required bonds, an affidavit to that effect shall be provided by the surety along with the bid bond. Failure to furnish a copy of the required indemnification agreement or the surety’s affidavit may cause the quote to be rejected.

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far and https://www.acquisition.gov/diar

CLAUSES TITLE DATE

52.203-7 Anti-Kickback Procedures JUN 2020 52.203-17 Contractor Employee Whistleblower Rights NOV 2023 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements and

Statements

JAN 2017

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards MAR 2026 DEV 52.204-13 System for Award Management Maintenance MAR 2026 DEV 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-25 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 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, or Voluntary Excluded

MAY 2026 DEV

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations MAY 2026 DEV 52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Products and

Commercial Services) (DEVIATION FEB 2025)

FEB 2025 DEV

52.215-8 Order Precedence – Uniform Contract Format MAY 2026 DEV

52.219-6 Notice of Total Small Business Set-Aside MAY 2026 DEV 52.219-14 Limitations on Subcontracting MAY 2026 DEV 52.219-28 Post-Award Small Business Program Representation MAY 2026 DEV 52.222-1 Notice to the Government of Labor Disputes MAY 2026 DEV 52.222-3 Convict Labor MAY 2026 DEV 52.222-4 Contract Work Hours and Safety Standards-Overtime Compensation MAY 2026 DEV 52.222-6 Construction Wage Rate Requirements MAY 2026 DEV 52.222-7 Withholding of Funds MAY 2026 DEV 52.222-8 Payrolls and Basic Records MAY 2026 DEV 52.222-9 Apprentices and Trainees (DEVIATION FEB 2025) MAY 2026 DEV 52.222-10 Compliance with Copeland Act Requirements MAY 2026 DEV 52.222-11 Subcontracts (Labor Standards) MAY 2026 DEV 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 MAY 2026 DEV 52.222-15 Certification of Eligibility MAY 2014 52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method) MAY 2026 DEV 52.222-34 Project Labor Agreement, Alternate I (JAN 2024) MAY 2026 DEV 52.222-35 Equal Opportunity for Veterans MAY 2026 DEV 52.222-36 Equal Opportunity for Workers with Disabilities MAY 2026 DEV 52.222-37 Employment Reports on Veterans MAY 2026 DEV https://www.acquisition.gov/far https://www.acquisition.gov/diar

52.222-40 Notification of Employee Rights Under the National Labor Relations Act MAY 2026 DEV 52.222-50 Combating Trafficking in Persons MAY 2026 DEV 52.222-54 Employment Eligibility Verification MAY 2026 DEV 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 MAY 2026 DEV 52.222-62 Paid Sick Leave Under Executive Order 13706 MAY 2026 DEV 52.222-90 Addressing DEI Discrimination by Federal Contractors MAY 2026 DEV 52.223-3 Hazardous Material Identification And Material Safety Data MAY 2026 DEV 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons MAY 2026 DEV 52.223-23 Sustainable Products and Services MAY 2026 DEV 52.225-9 Buy American – Construction Materials, Alternate I (MAY 2014) MAY 2026 DEV 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises MAY 2026 DEV 52.226-7 Drug-Free Workplace MAY 2024 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving MAY 2024 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-1 Bid Guarantee SEP 1996 52.228-2 Additional Bond Security OCT 1997 52.228-11 Individual Surety – Pledges of Assets FEB 2021 52.228-12 Prospective Subcontractor Request for Bonds DEC 2022 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds-Construction JUN 2020 52.229-3 Federal, State, and Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-16 Progress Payment MAY 2026 DEV 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 52.232-33 Payment by Electronic Funds Transfer–System for Award Management OCT 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023 52.233-1 Disputes and Alternate I (DEC1991) MAY 2026 DEV 52.233-3 Protest after Award MAY 2026 DEV 52.233-4 Applicable Law For Breach Of Contract Claim MAY 2026 DEV 52.236-1 Performance of Work by the Contractor JAN 2026 DEV 52.236-2 Differing Site Conditions JAN 2026 DEV 52.236-3 Site Investigation and Conditions Affecting the Work JAN 2026 DEV 52.236-5 Material and Workmanship JAN 2026 DEV 52.236-6 Superintendence by the Contractor JAN 2026 DEV 52.236-7 Permits and Responsibilities JAN 2026 DEV 52.236-8 Other Contracts JAN 2026 DEV 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements JAN 2026 DEV 52.236-10 Operations and Storage Areas JAN 2026 DEV 52.236-11 Use and Possession Prior to Completion JAN 2026 DEV 52.236-12 Cleaning Up JAN 2026 DEV 52.236-13 Accident Prevention JAN 2026 DEV 52.236-14 Availability and Use of Utility Services JAN 2026 DEV 52.236-17 Layout of Work JAN 2026 DEV 52.236-21 Specifications and Drawings for Construction JAN 2026 DEV 52.242-17 Government Delay of Work APR 1984 52.243-5 Changes and Changed Conditions MAY 2026 DEV 52.244-6 Subcontracts for Commercial Products and Commercial Services FEB 2025 DEV 52.245-1 Government Property SEP 2021 52.245-9 Use and Charges APR 2012

52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.246-26 Reporting of Nonconforming Items AUG 2024 52.249-1 Termination for Convenience of the Government (Fixed Price) (Short Form) and Alternate I

(APR 1984)

APR 1984

52.249-10 Default (Fixed-Price Construction) APR 1984 52.249-14 Excusable Delays APR 1984 52.253-1 Computer Generated Forms MAY 2026 DEV 1452.203-70 Restriction on Endorsements JUL 1996 1452.236-70 Prohibition Against Use of Lead-based Paint JUL 1996

I.2 FAR AND DIAR CLAUSES INCORPORATED BY FULL TEXT

DIAR 1452.204-7 RELEASE OF CLAIMS JUL 1996

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

DIAR 1452.280-2, NOTICE OF INDIAN ECONOMIC ENTERPRISE SET-ASIDE FEB 2021

(a) Definitions as used in this clause.

Alaska Native Claims Settlement Act (ANCSA) means Public Law 92-203 (December 18, 1971), 85 Stat. 688, codified at 43 U.S.C.

1601-1629h.

Indian means a person who is an enrolled member of a Federally Recognized Indian Tribe.

Indian Economic Enterprise means any business activity owned by one or more Indians or Federally Recognized Indian Tribes, provided that:

(i) The combined Indian or Federally Recognized Indian Tribe ownership of the enterprise shall constitute not less than 51 percent;

(ii) The Indians or Federally Recognized Indian Tribes shall, together, receive at least 51 percent of the earnings from the contract;

and

(iii) The management and daily business operations of an Indian Economic Enterprise must be controlled by one or more individuals who are Indians. To ensure actual control over the enterprise, the individuals must possess requisite management or technical capabilities directly related to the primary industry in which the enterprise conducts business. Management of Tribally owned Indian Economic Enterprises may be provided by:

(A) Committees, teams, or Boards of Directors which are controlled by one or more members of Tribe, or;

(B) Non-Tribal members if the enterprise can demonstrate that the Tribe can hire and fire those individuals, that it will retain control of all management decisions common to Committees, teams, or Boards of Directors. Common management decisions, include strategic planning, budget approval, and the employment and compensation of officers. A written management development plan must also exist which shows how Tribal members will develop managerial skills sufficient to manage the enterprise or similar enterprises in the future.

The enterprise must meet the requirements of (i) through (iii) throughout the following time periods:

(1) At the time an offer is made in response to a written solicitation;

(2) At the time of contract award; and,

(3) During the full term of the contract.

Federally Recognized Indian Tribe means an Indian Tribe, band, nation, or other Federally recognized group or community on the List of Federally Recognized Tribes. This definition includes any Alaska Native regional or village corporation under the Alaska Native Claims Settlement Act (ANCSA).

List of Federally Recognized Tribes means an entity appearing on the United States Department of the Interior's List of federally recognized Indian Tribes published annually in the Federal Register pursuant to Section 104 of Public Law 103-454, codified at 25 U.S.C. 5131.

Representation means the positive statement by an enterprise of its eligibility for preferential consideration and participation for acquisitions conducted under the Buy Indian Act, 25 U.S.C. 47, in accordance with the procedures in Subpart 1480.8.

(b) General.

(1) Under the Buy Indian Act, offers are solicited only from Indian Economic Enterprises.

(2) The Contracting Officer (CO) will reject all offers received from ineligible enterprises.

(3) Any award resulting from this solicitation will be made to an Indian Economic Enterprise, as defined in paragraph (a) of this clause.

(c) Required Submissions. In response to this solicitation, an offeror must also provide the following:

(1) A description of the required percentage of the work/costs to be provided by the offeror over the contract term as required by section 1452.280-3, Subcontracting Limitations clause; and

(2) Qualifications of the key personnel (if any) that will be assigned to the contract.

(d) Required Assurance. The offeror must provide written assurance to the CO that the offeror is and will remain in compliance with the requirements of this clause. It must do this before the CO awards the Buy Indian contract and upon successful and timely completion of the contract, but before the CO accepts the work or product.

(e) Non-responsiveness. Failure to provide the information required by paragraphs (c) and (d) of this clause may cause the CO to find an offer non-responsive and reject it.

(f) Eligibility.

(1) Participation in the Mentor-Protégé Program established under section 831 of the National Defense Authorization Act for Fiscal Year 1991 (25 U.S.C. 47 note) does not render an Indian Economic Enterprise ineligible for contracts awarded under the Buy Indian Act.

(2) If a contractor no longer meets the definition of an Indian Economic Enterprise after award, the contractor must notify the CO immediately and in writing. The notification must include full disclosure of circumstances causing the contractor to lose eligibility status and a description of any actions that the contractor will take to regain eligibility. If the contract is unable to regain eligibility, then the contractor must revise its the representations and certifications in the System for Award Management. Failure to give the CO immediate written notification means that:

(i) The economic enterprise may be declared ineligible as an IEE for future contract awards under this part; and

(ii) The CO may consider termination for default if it is in the best interest of the government.

DIAR 1452.280-3 INDIAN ECONOMIC ENTERPRISE SUBCONTRACTING LIMITATIONS FEB 2021

(a) Definitions as used in this clause.

(1) Concern means any business entity with a place of business located in the United States or its outlying areas and that makes a significant contribution to the U.S. economy through payment of taxes and/or use of American products, materials and/or labor, etc.

It includes but is not limited to an individual, partnership, corporation, joint venture, association, or cooperative. For the purpose of making affiliation findings (see FAR 19.101), it includes any business entity, whether or not it is organized for profit or located in the United States or its outlying areas.

(2) Subcontract means any agreement (other than one involving an employer-employee relationship) entered into by a government prime contractor or subcontractor calling for supplies and/or services required for performance of the contract, contract modification, or subcontract.

(3) Subcontractor means a concern to which a contractor subcontracts any work under the contract. It includes subcontractors at any tier who perform work on the contract.

(b) Required Percentages of work by the concern. The contractor must comply with FAR 52.219-14 Limitations on Subcontracting clause in allocating what percentage of work to subcontract. The contractor shall not subcontract work exceeding the subcontract limitations in FAR 52.219-14 to a concern other than a responsible Indian Economic Enterprise.

(c) Any work that an IEE subcontractor does not perform with its own employees shall be considered subcontracted work for the purpose of calculating percentages of subcontract work in accordance with FAR 52.219-14 Limitations on Subcontracting.

(d) Cooperation. The contractor must:

(1) Carry out the requirements of this clause to the fullest extent; and

(2) Cooperate in any study or survey that the CO, Indian Affairs, or its agents may conduct to verify the contractor's compliance with this clause.

(e) Incorporation in Subcontracts. The contractor must incorporate the substance of this clause, including this paragraph (e), in all subcontracts for supplies, general services, A-E services, and construction awarded under this contract.

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

J.1 ATTACHMENTS

1. STATEMENT OF WORK 12 PAGES

2. DRAWINGS & SPECIFICIATIONS 26 PAGES

3. SF 24, BID BOND 2 PAGES

4. SF 25, PERFORMANCE BOND 2 PAGES

5. SF 25A, PAYMENT BOND 2 PAGES

6. SF 1413, STATEMENT OF ACKNOWLEDGEMENT 1 PAGE

7. WAGE DETERMINATION – NM20260038 5 PAGES

8. IA IEE Representation 1 PAGE

9. QUESTIONS AND ANSWERS LOG 1 PAGE

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K: REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

K.1 System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

K.2 52.240-90 Security Prohibitions and Exclusions Representations and Certifications.

Security Prohibitions and Exclusions Representations and Certifications MAR 2026 DEV

(a) Definitions. As used in this provision-— Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C.

1702(b)(3)).

(b) Procedures.

(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

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

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—

(1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan.

(f) Iran Representation and Certifications.

(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203- 3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive…