Sol_140A2326R0009.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

140A2326R0009

BIE EDUCATION

BIE Administration

1011 INDIAN SCHOOL RD NW

BIA BUILDING 2

Albuquerque NM 87104

AED

Mary Jane Johnson 5058034259

03/31/2026

05/04/2026

10 485 52.211-10

Bureau of Indian Education (BIE) intends to solicit licensed Contractors to provide Design/Build

Services to renovate and refurbish (modernize) and bring into compliance with current building codes

(correct code deficiencies) government-furnished staff quarters and upgrade associated utility systems located within the building interior/exterior. The Contractor shall furnish supervision, labor, and equipment, materials, insurance, and transportation to provide Design/Build Services to complete major repair and improvement project specified under the Statement of Work (SOW) herein, for Crownpoint

Quarters in Crownpoint, NM.

1. Funding: A firm fixed priced task order award will be made under this solicitation, as funds are presently available. The Government reserves the right to cancel this solicitation / Task Order Request for Proposal (TORFP).

2. Contract Clauses: All contract clauses contained in the base Construction Multiple Award Contracts

(C-MAC) IDIQ contract is hereby incorporated into this solicitation. The clauses contained in this TORFP will supplement the clauses in the base C-MAC IDIQ contract.

Continued...

1 28

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.

BIE EDUCATION

BIE Administration

1011 INDIAN SCHOOL RD NW

BIA BUILDING 2

Albuquerque NM 87104

AED

Mary Jane Johnson

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

3. Proposal Acceptance Period/Date: The proposal acceptance period shall extend one hundred twenty (120) days past the TORFP closing date.

4. TORFP Deadline: Proposals are due by 12:00

P.M. Mountain Daylight Time (MDT) on Monday, May 4, 2026.

5. Questions and Answers: Any questions relating to this solicitation shall be submitted to the following individuals:

Contract Specialist (CS) and Contracting

Officer (CO) no later than ten (10) calendar days prior to the due date for proposal, unless otherwise specified.

6. On-site Access: A list of personnel shall be submitted to the CS and CO. Site visit to be scheduled on April 08, at 10:00 A.M. at

Crownpoint, NM.

7. Period of Performance: Four hundred eighty-five days (485) Calendar Days.

8. Special attention is called to FAR Clause

52.236-7, Permits and Responsibilities and FAR

Clause 52.229-3, Federal, State, and Local

Taxes. Offerors are responsible for contacting the tax authorities and tribe or tribal organization involved with regard to any requirements regarding state taxes, tribal taxes, royalties and/or other applicable tribal laws or ordinances. Any costs associated with this section shall be included in the contractor's firm fixed price proposal. Contractor is responsible for contacting the appropriate TERO office for coordination and approvals. Please refer to Section H and the applicable clauses for additional information about these requirements.

9. Points of Contact:

Contract Specialist: Mary Jane Johnson, maryjane.johnson@bie.edu

Contracting Officer: Mary Jane Johnson, maryjane.johnson@bie.edu

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

00001 CROWNPOINT LIVING QUARTERS

Product/Service Code: Z1CZ

Product/Service Description: MAINTENANCE OF

OTHER

EDUCATIONAL BUILDINGS

COR: Calandra Cook, COR

CS: Mary Jane Johnson, Contract Specialist

CO: Mary Jane Johnson, Contracting Officer

SOLICITATION NUMBER: 140A2326R0009

QUARTERS RENOVATION: CROWNPOINT

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SECTION B – PRICE SCHEDULE

B.1. Propose your best prices for each of the work items in accordance with the Statement of Work (SOW) and attachments. Price Proposals must be submitted following the price schedule/format herein. Incomplete price proposals will not be considered for award.

CLIN DESCRIPTION UNIT UNIT PRICE TOTAL PRICE

CROWNPOINT LIVING QUARTERS

10 ea. = 1 Bedroom Apartments 7 ea. = 2 Bedroom House 12 ea. = 3 Bedroom House

1 Job $ $_____________

Subtotal $_____________

General Conditions $_____________

Bonding $ _____________

Navajo Nation Tax $_____________

NM State Tax $_____________

Total Firm Fixed Price $_____________

SECTION B – PRICE BREAKDOWN

Upon notification by the Government, the selected offeror shall complete the below Price Category Breakdown and return it to the Contract Specialist within two (2) business days of request. This will be used for internal funding allocation purposes and will only be required from the selected offeror. Do not include it with the proposal submission.

PRICE CATEGORIES:

CROWNPOINT QUARTERS

DESIGN $_________________

DEMOLITION $__________________

CONSTRUCTION OF QUARTERS RENOVATION $__________________

SITE WORK/UTILITIES $__________________

BONDING $__________________

MGT./GENERAL CONDITIONS $__________________

NN TAXES $__________________

NM STATE TAXES $__________________

TOTAL $__________________

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SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

* Please refer to Section J of this solicitation for additional scoping documents.

SECTION D – PACKAGING AND MARKING

* Please refer to the C-MAC IDIQ contract for requirements related to this section.

SECTION E – INSPECTION AND ACCEPTANCE

* Please refer to the C-MAC IDIQ contract for requirements related to this section.

SECTION F – DELIVERIES OR PERFORMANCE

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 485 calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F.2. FAR 52.211-12 Liquidated Damages—Construction (September 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor will pay liquidated damages to the Government in the amount of $1,900.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of Clause)

* Please refer to the C-MAC IDIQ contract for all additional requirements related to this section.

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SECTION G – CONTRACT ADMINISTATION DATA

G.1 POST AWARD CONFERENCE:

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

G.2 CONTRACT ADMINISTRATION- GOVERNMENT:

All administrative questions shall be directed to:

Mary Jane Johnson, BIE Contract Specialist School Operations, Division of Acquisition Management Branch III - Contract Execution, Construction and A&E Telephone No.: (505) 803-4259; email: maryjane.johnson@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.

Company Name POC Name POC Email Company Address POC Phone #

G.4 INVOICE AND PAYMENT:

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

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

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Reference FAR 52.232-5, 52.232-16, 52.232-27 and 52.232-33.

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 mailto:maryjane.johnson@bie.edu https://www.ipp.gov/

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SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St.

Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

* Please refer to the C-MAC IDIQ contract for requirements related to this section.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

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

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

(b) Contractor is responsible for contacting the appropriate Navajo Nation – Office of the Navajo Tax Commission (ONTC)for coordination and approvals, email link Office of the Navajo Tax Commission,.

H.2. 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.

mailto:IPPCustomerSupport@fiscal.treasury.gov https://tax.navajo-nsn.gov/ https://tax.navajo-nsn.gov/

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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

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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.3. PROJECT LABOR AGREEMENTS

This task order does not require a project labor agreement.

* Please refer to the C-MAC IDIQ contract for all additional requirements related to this section.

SECTION I – CONTRACT CLAUSES

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

2023)

(a) Definitions. As used in this clause—

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

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

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

(i) Of that equipment; or

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

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

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

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

I.2. FAR 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL

CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)

Consistent with this clause, on completion of this contract please submit the estimated percentage of total recovered material content for EPA-designed items to the appointed Contracting Officer’s Representative (COR).

I.3. DIAR 1452.228-70 LIABILITY INSURANCE – DEPARTMENT OF THE INTERIOR

(JULY 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:

$_100,000.00__each person, Workers Compensation and Employers’ Liability Insurance $_500,000.00__each occurrence, General Liability Insurance, Bodily Injury Liability Insurance $_500,000.00__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.

* Please refer to the C-MAC IDIQ contract for all additional requirements related to this section.

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SECTION J – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

NO. TITLE OF DOCUMENT OR FORM

NO. OF

PAGES

1 STATEMENT OF WORK 10

2 DOL WAGE DETERMINATION 6

3 IA SAFETY & HEALTH ADOPTED CODES, POLICY & MANDATORY

STANDARDS, MAR 2019 4

4 IA FORM 3000v2 MATERIAL APPROVAL SUBMITTAL 2

5 STANDARD FORM 24 BID BOND 2

6 STANDARD FORM 25 PERFORMANCE BOND FORM 2

7 STANDARD FORM 25A PAYMENT BOND FORM 2

8 STANDARD FORM 1413 STATEMENT AND ACKNOWLEDGEMENT

FORM (SUBCONTRACTING) 1

9 IA FORM C113 PROGRESS SCHEDULE 2

10 IA FORM C713 PROGRESS REPORT 1

11 PAST PERFORMANCE QUESTIONAIRE (PPQ) 4

12 QUESTION LOG 1

13 Drawings and Pictures 7

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SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 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 and https://www.acquisition.gov/diar

Clause Title Date 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV

52.209-13 Violation of Arms Control Treaties or Agreements- Certification

NOV

52.211-6 Brand Name or Equal AUG

52.236-28 Preparation of Proposals-Construction OCT

K.2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS

JAN 2025

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 236118.

(2) The small business size standard is $45.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation.

The Offeror shall indicate which option applies by checking one of the following boxes:

https://www.acquisition.gov/far https://www.acquisition.gov/diar https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_204_7

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(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

https://www.acquisition.gov/far/part-52#FAR_52_203_2 https://www.acquisition.gov/far/part-13#FAR_Part_13 https://www.acquisition.gov/far/part-52#FAR_52_203_11 https://www.acquisition.gov/far/part-52#FAR_52_203_18 https://www.acquisition.gov/far/part-52#FAR_52_204_3 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_204_5 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_209_2 https://www.acquisition.gov/far/part-52#FAR_52_209_5 https://www.acquisition.gov/far/part-52#FAR_52_209_11 https://www.acquisition.gov/far/part-52#FAR_52_214_14 https://www.acquisition.gov/far/part-52#FAR_52_215_6 https://www.acquisition.gov/far/part-52#FAR_52_219_1 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000

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(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation. This provision applies to solicitations that include the provision at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate.

(Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan- Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] _X (i) 52.204-17, Ownership or Control of Offeror.

_X (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

https://www.acquisition.gov/far/part-52#FAR_52_219_2 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-52#FAR_52_222_22 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_25 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_38 https://www.acquisition.gov/far/part-52#FAR_52_223_1 https://www.acquisition.gov/far/part-52#FAR_52_223_2 https://www.acquisition.gov/far/part-52#FAR_52_223_4 https://www.acquisition.gov/far/part-52#FAR_52_223_22 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_225_2 https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-52#FAR_52_225_4 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_6 https://www.acquisition.gov/far/part-52#FAR_52_225_5 https://www.acquisition.gov/far/part-52#FAR_52_225_20 https://www.acquisition.gov/far/part-52#FAR_52_225_25 https://www.acquisition.gov/far/part-52#FAR_52_226_2 https://www.acquisition.gov/far/part-52#FAR_52_204_17 https://www.acquisition.gov/far/part-52#FAR_52_204_20 https://www.acquisition.gov/far/part-52#FAR_52_222_18

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__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (vi) 52.227-6, Royalty Information.

__ (A) Basic.

__ (B) Alternate I.

__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

K.3 FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders— Representation and Disclosures DEC 2023

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

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

(c) Procedures. (1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order https://www.acquisition.gov/far/part-52#FAR_52_222_48 https://www.acquisition.gov/far/part-52#FAR_52_222_52 https://www.acquisition.gov/far/part-52#FAR_52_227_6 https://www.acquisition.gov/far/part-52#FAR_52_227_15 https://www.sam.gov/ https://www.acquisition.gov/far/part-4#FAR_4_1201

P a g e 17 | 28 described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

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

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

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

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

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

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

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

(4) Brand;

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

(6) Item description;

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

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

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

RESPONDENTS

L.1. General: To ensure timely and equitable evaluation of the proposal, the offeror shall follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors.

Failure to meet all requirements may result in an offer being ineligible for award. The response must consist of two (2) separate volumes:

L.1.1. Volume 1, Technical Proposal

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L.1.2. Volume 2, Price Proposal

L.2. Price Evaluation: The Contracting Officer has determined there is a high probability of adequate price competition for this acquisition. Upon examination of the initial offers, the Contracting Officer will review this determination and if, in the Contracting Officer’s opinion, adequate price competition exists no additional cost information will be requested.

L.3. Submittal of Proposals and Inquiries: Offerors must submit one proposal via e-mail (maybe broken into multiple e-mails if the proposal’s total file size exceeds 10MB) separated in two (2) separate volumes: Volume 1, Technical Proposal, and Volume 2, Price Proposal.

L.4. SPECIAL NOTICE TO OFFERORS.

L.4.1. The exclusive responsibility for Source Selection will reside with the Government. Proprietary information submitted in response to this solicitation shall be clearly marked as such and will be protected from unauthorized disclosure as required by Subsection 27 of the Office of Procurement Policy Act as amended (41 U.S.C. 423) (hereinafter referred to as "the Act") as implemented in the FAR. Any unmarked proprietary information will be considered releasable under the restrictions of the Freedom of Information Act.

L.4.2. For submission requirements designated as “shall” or “must,” failure to provide the requested information may be considered a deficiency. For submission requirements designated as “should,” failure to provide the requested information may result in a lower rating for the specified factor.

L.5. FORMAL COMMUNICATIONS

The following Points of Contact (POC) are provided for this acquisition. Address any questions or concerns you may have to both POCs via e-mail listed below no later than the date specified in Form SF-1442. Answers will be provided only in response to written requests for clarification. Written questions shall be emailed to the addresses indicated below.

Mary Jane Johnson Mary Jane Johnson Contract Specialist Contracting Officer maryjane.johnson@bie.edu maryjane.johnson@bie.edu

The Government will not accept a facsimile proposal.

L.6. GENERAL SUBMISSION REQUIREMENTS

L.6.1. Submissions exceeding a file size of 10MB shall be broken into multiple e-mails or coordinated with the POCs to ensure successful file sharing. No hard copies of proposals will be accepted (hand delivered or traditional mail). The Government reserves the right to

P a g e 19 | 28 request hard copies in binder format in the event of a formal protest.

L.6.2. Proposals shall not contain classified data. The use of hyperlinks in proposals are prohibited. The Government will not be responsible for proposals delivered to any location or to anyone other than the Contracting Office.

L.6.3. Offerors are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete proposal. Failure to furnish a complete proposal at the time of proposal submission may result in an unacceptable proposal that the Government eliminates from consideration for award.

L.6.4. Offerors are cautioned that “parroting” of the requirements of the SOW or Plans and Specifications with a statement of intent to perform does not reflect an understanding of the requirement or capability to perform. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of their proposal.

L.6.5. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

L.6.7 Disposition of Unsuccessful Proposals: in compliance with FAR Subpart 4.8, the Government will retain one copy of all unsuccessful proposals.

L.7. FORMATTING REQUIREMENTS

L.7.1. Proposal submission shall be in PDF format compatible with the latest version of Adobe Acrobat, with the exception of price breakdown information, which shall be submitted in a spreadsheet format compatible with the latest version of Microsoft Excel.

L.7.2. Please title files in the following format:

L.7.2.1. Solicitation Number _Company Name_ Volume 1 Technical Proposal

L.7.2.2. Solicitation Number _Company Name_ Volume 2 Price Proposal

L.7.3. Each paragraph shall be separated by at least one blank line. A standard, 12-point minimum font size applies. Arial or Times New Roman fonts are required. Tables and illustrations may use a reduced font size no less than 8-point and may be landscape oriented. Files shall use the following page setup parameters: Margins – Top, Bottom, Left, Right – 1” Gutter – 0” From Edge – Header, Footer 0.5” Page Size, Width – 8.5” Page Size, Height – 11.”.

L.7.4. The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be numbered consecutively and identified by the complete company name, date and solicitation number in the header and/or footer. A Table of Contents shall be included.

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L.8. PAGE LIMITS

Volume Evaluation

Factor Title Page Limit

1 Technical Approach Narrative 20 2 Past Performance 3 3 Key Personnel 201

4 Capacity 5 2 5 Price no limit

L.8.1. All pages with written content, except cover letters, Table of Contents pages, tables, illustrations, glossary, section dividers, sketches or drawings, and appendices will be counted in the page calculation. Pages that exceed the page limitations will be removed, not read, and not evaluated.

L.8.2. Page limits will not apply to Past Performance Questionnaires submitted for Factor

2. Past Performance Questionnaires shall not be included in consecutive page numbering.

L.9. VOLUME I – TECHNICAL PROPOSAL

L.9.1. Factor 1: Technical Approach Narrative

L.9.1.1. The Offeror shall submit a minimum of three (3) technical approaches narrative discussion in response to the project described in the project documents.

L.9.1.2. The narrative shall describe the Offeror's approach to the work. It shall:

L.9.1.2.1. Describe an overall approach to the work that demonstrates the offeror’s understanding of the work, including creativity and thoroughness shown in understanding the objectives of the SOW, specific tasks, risks and risk mitigation measures, and planned execution of the project.

L.9.1.2.2. Provide an organizational diagram showing clear, logical lines of authority from the Project Manager to Subcontracting Management, including Superintendence, Safety, and Quality Control.

L.9.1.2.3. Describe teaming arrangements, including overall structure and management of the project team; identify roles, responsibilities, and contractual relationships between the various firms. The team proposed for this factor will be binding to the Offeror selected for task order award.

Any changes to this team after award must be approved in writing by the Contracting Officer.

L.9.1.2.4. Describe how the Offeror will ensure quality consistently across the team.

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L.9.1.3. Offerors must assume the Government has no prior knowledge of their capabilities, work processes, facilities, and experience. The Government will base its evaluation on the information presented in the Offeror’s proposal. Elaborate brochures or documentation binding, detailed artwork, or other embellishments are unnecessary and are not desired.

L.9.2. Factor 2: Past Performance

L.9.2.1. The Government will review the Offeror’s record of performance in the Contractor Performance Assessment Reporting System (CPARS).

L.9.2.2. If the Offeror describes significant portions of work to be accomplished by subcontractors or other team members in Factor 1, Technical Approach Narrative, the Government may consider the past performance of subcontractors or team members.

L.9.2.3. If the Offeror particularly wants to draw the Government’s attention to specific projects in its record of past performance, the Offeror may provide a description of up to three projects. The description should state the scope of work performed and the relevancy to the project requirements of this solicitation (i.e., unique features, area, construction methods, location, customer, etc.). The role of the Offeror or team member on each project should be clear and related to that entity's role under the proposed task order. For Federal Government projects with a CPARS Evaluation: provide the contract number and Unique Entity Identifier (UEI) number. In the case of IDV type contracts, GSA contracts, and Blanket Purchase Agreements, include Task Order or Delivery Order Numbers.

L.9.2.4. If the Offeror wishes the Government to consider past performance for projects that…