# Request for Quotations

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URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3Aa4df3f63822d9bdd

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

Request for Quotations

FY26-29 CIHA Interior Rehabilitation Project
1222 Moccasin Run Inchelium, WA 99138
Description:
One (1) Single Family Home: 1222 Moccasin Run Inchelium, WA 99138
Furnish Labor and Materials to:
1. Demo existing materials scheduled to be replaced with new per Scope of Work.
2. Domestic waterline replacement.
3. Drywall repair, window and closet door wraps.
4. Install paint and primer, all interior walls and ceilings.
5. Install new fire-rated door, sealants, flashings and associated trims.
6. Underlayment, crawlspace access, flooring and cove base.
7. Handrails, stair treads and risers.
8. Install new interior doors, door handles, door stops and associated trims.
9. Install window sills and aprons.
10. Closet and utility room shelving.
11. Paint interior doors, exterior doors, shelving and associated trims.
12. Install new kitchen, bathroom and utility room cabinets and countertops as supplied by CIHA.
13. Install new kitchen sink, faucet, drain, stops and supply lines.
14. Install new tub/shower combos, shower faucets/valves, tub spouts, shower arms, shower heads,
shower curtain rods and drain/overflow assemblies.
15. Install new toilets, bathroom sinks, bathroom sink faucets, supply lines, stops, drains, medicine
cabinets, towel bars, robe hooks and toilet paper holders.
16. Install new utility room sink, faucet, supply lines, stops and drain.
17. Water heater, supply lines, stops, foam, pan and seismic straps.
18. Install new electrical breakers, switches, outlets, covers, light fixtures, range hood, smoke/carbon
monoxide detectors and bathroom exhaust fan/light combo.
19. Install new baseboard heaters and thermostats.
20. Clothes dryer duct.
21. Install kitchen range and refrigerator.
22. Install new woodstove, hearth and fresh air kit.
23. Install new window blinds.
24. Clean home to move-in ready condition.
25. Clean up and disposal.
The Colville Indian Housing Authority is requesting quotations to furnish labor and material for the
above items as contained in the attached Scope of Work.
All work and materials will be as shown in the Scope of Work and Provisions to the Contract.
The following documents are attached and will be included in and become part of the Contract Documents:
1. Form of Quote
2. Non Collusion Affidavit (filled out and submitted with quote)
3. Statement Regarding Indian Preference (filled out and submitted with quote)
4. HUD Form 5369A (Filled out and submitted with quote)
5. CCT Solid Waste Disposal Form (filled out and submitted with quote)
6. Small Purchase Contract (Sample)
7. System for Award Management (SAM) Clause
8. Davis Bacon Determined Wages (Ferry County)
9. Indian Enterprise Qualifications Statement (MUST be included or on file with CIHA for
Indian Preference points)
10. TERO Compliance and Utilization Plan (filled out and submitted with quote)
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Quotations must be submitted on the Form of Quotation, along with all attachments, as required
in the Contract Documents and Specifications. All written quotations must be delivered to:
Colville Indian Housing Authority
P.O. Box 528
42 Convalescent Center Boulevard
Nespelem, Washington 99155
Faxed copies or e-mailed PDF version of quotations are acceptable. CIHA is not responsible for incomplete
or late fax transmissions. FAX# (509) 634-2335/ E-mail: toria.jackson.hsg@colvilletribes.com
CIHA will receive quotations no later than 3:00 PM (local time), September 09, 2026.
Any quotations received after the above time will not be considered and will be returned to the proposer.
An optional pre-proposal meeting will be held on-site August 26, 2026 at 10:00 AM.
Site location by Google Maps: https://maps.app.goo.gl/uYgrAdTTiQSV7pNA9
CIHA reserves the right to reject any and all quotations or to cancel or modify this RFQ at its sole discretion
if it determines it is in the best interest of CIHA to do so.
Award of contract will be based on small purchase methods of procurement as required by the Code
of Federal Regulations, Title 2 Part 200.
Award based on price. CIHA shall make award to the qualified Indian-owned economic enterprise or
organization with the lowest responsive quotation if it is reasonable and no more than I 0% higher than the
lowest responsive quotation received. If no responsive quotation from a qualified Indian- owned economic
enterprise or organization is within 10% of the lowest responsive quotation from any qualified source, then
award shall be made to the source with the lowest quotation.
NOTE: Before a contract can be executed the Contractor and any sub-contractors must provide proof of
liability insurance and auto insurance. They must provide Washington State Industrial Insurance or
equivalent if the Contractor or Sub Contractor plans to hire employees.
All TERO and TOSHA regulations shall be adhered to in the performance of this contract work.
Indian preference will be given in the award of contracts "to the greatest extent feasible" as determined in
sec 7(b) of the Indian Self Determination and Education Act (25 U.S.C. 450e (b).
For additional information concerning this Request for Quotations, please contact Eric Eberlein at
(509) 634-2198 or e-mail at eric.eberlein.hsg@colvilletribes.com

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Scope of Work and Provisions to the Contract
FY26-29 CIHA Interior Rehabilitation Project
1222 Moccasin Run Inchelium, WA 99138

Description:
One Single Family Home: 1222 Moccasin Run Inchelium, WA 99138
Furnish Labor and Materials to:
1. Demo existing materials scheduled to be replaced with new per Scope of Work.
2. Domestic waterline replacement.
3. Drywall repair, window and closet door wraps.
4. Install paint and primer, all interior walls and ceilings.
5. Install new fire-rated door, sealants, flashings and associated trims.
6. Underlayment, crawlspace access, flooring and cove base.
7. Handrails, stair treads and risers.
8. Install new interior doors, handles, door stops and associated trim.
9. Install window sills and aprons.
10. Closet and utility room shelving.
11. Paint interior doors, exterior doors, shelving and associated trims.
12. Install new kitchen, bathroom and utility room cabinets and countertops as
supplied by CIHA.
13. Install new kitchen sink, faucet, drain, stops and supply lines.
14. Install new tub/shower combos, shower faucets/valves, tub spouts, shower valve
trims, shower arms, shower heads, shower curtain rods and drain/overflow
assemblies.
15. Install new toilets, bathroom sinks, bathroom sink faucets, drains, stops, supply
lines, medicine cabinets, towel bars, robe hooks and toilet paper holders.
16. Install new utility room sink, faucet, supply lines, stops and drain.
17. Water heater, supply lines, stops, foam, pan and seismic straps.
18. Install new electrical breakers, switches, outlets, covers, light fixtures, range
hood, smoke/carbon monoxide detectors and bathroom exhaust fan/light
combo.
19. Install new baseboard heaters and thermostats.
20. Clothes dryer duct.
21. Install kitchen range and refrigerator.
22. Install wood stove, hearth and fresh air kit.
23. Install new window blinds.
24. Clean home to move in ready condition.
25. Clean up and disposal.

Provisions to the Contract:
A. The contractor is responsible for contacting the Tribal Employment Rights Office (TERO)
and confirm their requirements regarding contracting on the Colville Indian Reservation. The
Colville Indian Housing Authority will support TERO in their implementation and
enforcement of their program in connection with contract work. The contractor will provide
the authorized TERO Compliance and Utilization Plan to CIHA before beginning work. All
fees and cost related to TERO should be considered when preparing a cost estimate for
work.
B. Any omissions or additions from or to the attached scope of work must be requested in
writing by the contractor and approved in writing by the contracting officer or authorized
designee.
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C. Products: All products used for this project shall be new, provided in original packaging
from the manufacturer, without defect and covered by the manufacturer’s full warranty. All
materials needed to complete the work spelled out in this scope will be furnished by the
Contractor. The Contractor is responsible for providing material takeoff’s and schedule all
deliveries of materials ordered. Storage and security for the materials delivered become the
responsibility of the Contractor. All materials shall be stored out of the weather and harm’s
way.
D. To the greatest extent possible, protect all trees, bushes, and other items that may be in the
proximity of the work being performed. The Contractor is responsible for any damage that
might occur in relation to the work being performed and at no additional cost to CIHA.
E. Prior to commencement of contract work, the Contractor is required to submit to the CIHA
a copy of their approved Compliance and Utilization Disposal Plan. The plan is required
by CCT Tribal Ordinance Chapter 4.13 Solid Waste. During and after completion of work,
remove all debris from the jobsite and dispose of as required at no added expense to CIHA.
Clean the jobsite daily. Remove construction debris daily.
F. No payment for work will be made until work has been inspected and approved by the
contracting officer or designated representative. Request for payments will be made on the
approved form provided by CIHA.
G. Davis Bacon wages will be observed on this contract work. Weekly payroll reports will
be necessary. The contractors' payments can be delayed until proper payroll reports are
received.
H. The Contractor shall furnish all manpower, tools, scaffolding, vehicles, and safety
equipment as required by T.O.S.H.A., as well as any other equipment necessary to complete
the work as described. The Contractor shall provide all labor, materials, and equipment
necessary for protection of personnel, equipment, furnishings, buildings, and facility
accessories (such as, but not limited to, parking lots, fences, etc.) from damage. Fixed items
shall be removed, if necessary, and replaced in their original locations. Equipment,
furnishings, buildings, and facility accessories damaged due to work performed under the
scope of work shall be repaired or replaced to their original construction and finish by this
Contractor at no additional cost to CIHA.
I. Before a contract can be executed, the Contractor and any Sub-Contractors must provide
proof of Auto Insurance and Commercial General Liability (min. $1,000,000.00 Injury,
General Aggregate, Products, $100,000.00 Fire and $5,000.00 Medical Expense). They
must provide Washington State Industrial Insurance or equivalent if the Contractor or
Sub-Contractor plans to hire employees.
J. Before submitting a quote, each bidder shall carefully read the specifications and all addenda.
Each Bidder shall fully inform themselves prior to submitting a bid as to all existing conditions
and limitations under which work is to be performed. No allowance will be made to any Bidder
because lack of such examination or knowledge. Submission of a quote, will be construed as
conclusive evidence that the Bidder has made such examination.
K. All electrical work shall be performed by a licensed electrician and a Washington State
L&I Electrical Permit shall be issued.
L. All plumbing shall meet current and applicable IRC codes. Contractor shall pressure test
all plumbing for leaks with CCT Building Inspector present.
M. CIHA will obtain and pay for CCT Building Permit.
N. All required permitting for this project will be required to be inspected and approved by
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governing entity before project is to be considered complete.

FY26-29 Unit 1222 Moccasin Run: Start of Schedule Requirements
Schedule of completion shall not exceed 60 consecutive calendar days.

FY26-29 Unit 1222 Moccasin Run: End of Schedule Requirements
FY26-29 Unit 1222 Moccasin Run: Start of Scope of Work
1. Demolition:

Furnish labor and tools to remove all remaining materials that are scheduled to be replaced
with new as outlined in this Scope of Work. Any materials still onsite when rehab project starts
will be the awarded Contractors responsibility for disposal. Dispose of materials and items per
approved CCT Solid Waste Disposal Plan.

2. Domestic waterline replacement:

Remove and dispose of all existing domestic waterline piping and connections from
entry point in crawlspace of home, this will include main shut-off valve if present. Install new,
complete potable water distribution system. The new system shall adhere to all current and
applicable IRC plumbing codes.
All existing domestic waterlines under lower level concrete slab shall be abandoned,
capped and sealed. Route and secure new waterlines through walls, ceilings or floor
framing per all current and applicable IRC plumbing codes. All drywall surfaces
disturbed during rerouting shall be patched. Structural framing shall not be
compromised by rerouting of waterlines. Contractor shall remove drywall as needed to
allow CIHA and CCT Building Dept. to inspect and approve location of new rerouted
waterlines
a. Installation: New piping must be handled and installed according to the manufacturers
recommendations and in compliance with all applicable codes. All connections shall be
watertight and pressure tested to confirm integrity with CCT Building Inspector and CIHA
present, prior to being concealed.
b. Materials PEX Tubing: All new hot and cold waterlines including mains, branches and
stub outs to fixtures shall be constructed exclusively with PEX-B cross linked polyethylene
tubing. PEX-A and PEX-C products are not acceptable for this project. All tubing must be
certified to meet ASTM F876 (PEX tubing) and ASTM F877 (PEX hot and cold water
distribution systems). All tubing shall carry the highest possible rating for chlorinated
water to ensure durability.
c. Materials PEX Fittings: Fittings shall be brass, barb style with stainless steel crimp/pinch
style clamps. All fittings must comply with ASTM F1807 or ASTM F2159. All fittings
must meet the lead-free requirements of the U.S. Safe Drinking Water Act.
d. Main Shut-Off Valve: Install new ¼ turn ball valve of the correct size, where
underground main waterline enters home and prior to the new PEX-B waterlines.
e. Protective sleeves or grommets shall be used where PEX tubing passes through abrasive
surfaces.
f. Install new exterior frost free spigot/s in same location as existing. Install 1 ½” x 6” x 6”
“Smart Trim” block with spigot/s centered to the exterior of home. Install spigot/s with an

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18” loop of PEX in the crawlspace to allow for future replacement of spigot/s.
g. All new waterline connections to fixtures, water heaters and other appliances shall be
completed to ensure a fully functional and leak free system.
h. It shall be the responsibility of the Contractor to properly size all components related to the
waterline replacement.
i. If unable to reuse existing new washing machine outlet box and PEX piping, install new
“Oatey Quadtro”, Model # 38528, ½” x ½” PEX compatible washing machine outlet box
with ¼ turn valves (or approved equal).

3. Drywall repair, window and closet door wraps:

a. Drywall repair: Inspect the condition of the walls and ceilings to determine the needed
drywall repairs.
b. Furnish all labor and material to repair holes, nicks, gouges, water damage, mold,
discolorations, graffiti and any other defects on all drywall areas.
c. Tubs/Showers: Water/moisture resistant ½” drywall shall be used in bathroom for all
repairs. Remove existing drywall from sides and back wall above tubs/showers. Cut
drywall to center of closest stud outside of tub/shower sides from floor to ceiling. Install
solid wood 2 x 4 or 2 x 6 blocking around outside perimeter of tub/shower for a secure
installation. Install solid wood 2 x 8 backing continuously and horizontally at 36” on
center above tub/shower floor, blocking to be installed on both ends and back wall of unit,
Blocking is for future installation of grab bars. Install new tub/shower, taking care to
install level plumb and square per manufacturers installation instructions. Install ½”
water/moisture resistant drywall to sides and back walls, shim as needed for correct fit
around tub/shower.
d. Remove all mounted door stops.
e. Patch holes and repair drywall area where curtain rods were removed.
f. Repair all areas as needed at baseboard locations.
g. Contractor is responsible for providing the correct repair materials.
h. It may be necessary to texture an entire wall or ceiling to match existing finish.
i. Window wraps: Remove all existing window trim and wraps.
j. Install fiberglass insulation as needed between window and existing framing.
k. Shim and install ½” drywall to top and two (2) sides of rough window opening. Ensure the
window reveal is even on all three sides. Contractor will install window sill as described
later in this Scope of Work.
l. Install inside and outside corner bead as needed for repairs.
m. Apply joint compound and feather the outside edges with a minimum 6” knife. Sand smooth.
n. Apply texture to blend in with surrounding texture.
o. Bedroom closet opening wraps: Furnish and install ½” drywall to the header and sides
of the bedroom closet openings only. Doors will not be installed on all bedroom closet
openings.
p. Install outside corner bead around perimeter of opening.
q. Apply joint compound and feather outside edges with a minimum 6” knife. Sand smooth.
r. Apply texture to blend in with surrounding texture.

4. Install paint and primer, all interior walls and ceilings:

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a. Wall cleaner: TSP
b. Primer: Repaired drywall areas and closet wraps, apply one (1) coat of Latex PVA primer
to all newly textured and repaired areas. Walls and ceilings with stains, graffiti or painted
other colors than white shall have one (1) coat of an opaque primer such as Kilz (or
approved equal) applied.

c. Wall, door and trim paint: Glidden Diamond interior semi-gloss color matched to
Colville White (see CIHA for color information).
d. Paint prep: Prepare all surfaces for painting by cleaning. If necessary, wash walls and
ceilings with “TSP” or similar cleaner prior to priming and painting. All trim and
woodwork to be painted shall have all scrapes, gouges, dents or any other blemishes filled
with caulk or wood filler, scraped and sanded as needed. Apply masking on all areas and
attachments not to receive paint such as but not limited to vinyl windows, glass, door
hardware, wall mounted hardware, flooring, cabinets, counters, furnishings of any kind,
plumbing, appliances, etc.
e. Apply two (2) coats of paint to all surfaces to receive paint including walls, shelves, trim,
interior doors, inside of exterior doors and other surfaces determined by the Contracting
Officer or Authorized Designee. All surfaces may be painted using an airless paint sprayer
and back rolled with a roller or brushed and rolled. All painted surfaces shall be free from
runs, drips, holidays and over spray.
f. Cleaning, repairs, drywall texture, prep work, priming and painting must be
approved by Contracting Officer or Authorized Designee before any priming or
painting can take place.

5.

Install new, fire-rated door, sealants, flashings and associated
trims:

a. Remove existing door and trim between laundry/utility room and garage. Install one (1)
new, pre-hung “Therma-Tru” 20-minute fire-rated, six panel, bored for deadbolt mortised
backsets only, match style, size, jamb width and swing of existing door. Install door in
rough opening using shims to guarantee a level, plumb, square and accurate fit. Ensure the
reveal between the jamb and door is uniform on all sides and top between 1/8” and ¼”.
Secure the hinges with adequate size screws that penetrate into framing a minimum of 1
½” to prevent sagging. Check operation of doors to ensure they are not hinge bound or
collapsed below bottom hinge.
b. Install exterior flashings, trims and sealant per door manufacturers recommendations so as
to guarantee a weatherproof seal.
c. Install “Loctite” model # 2866858, Fire Block, foam sealant (or approved equal) between
door jamb and framing prior to installing interior trim (provide pictures of sealant before
installing trim or have CIHA inspect). Use 1 x 3 MDF flat stock trim on interior door
legs. Use 1 x 4 MDF flat stock trim for interior of door header. Install trim with proper
reveal at edge of casing and jamb. Miter all casing for an accurate fit at the junction of the
casing head and leg.
d. Use proper size nails for jamb and casing trim.
e. Fill nail holes and mitered joints prior to painting and sand smooth.
f. Install wall mounted spring stops.
g. Install CIHA provided lockset and deadbolt on fire door. Fire door between laundry/utility
room and garage shall have self-closing and self-latching hardware.

6.

Underlayment, crawlspace access, flooring and cove base:
a. Floor Repairs: This work may be done before painting and interior door installation. It is
the Contractors responsibility to protect all preceding work. Inspect the area to receive
flooring and the areas connecting to determine what kind of installation may be needed.
Contractor is responsible for all repairs of damaged subfloor this also includes any
necessary blocking or framing repairs as needed for proper repair of subfloor. All flaws or

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b.

c.

d.

e.

7.

Page | 6

problems that might interfere with proper installation of the new underlayment shall be
corrected. Repair all squeaks in subfloor by screwing through the existing subfloor and into
the floor joist. It may be necessary to screw down a large portion of the existing subfloor.
Ensure screws penetrate the floor joist a minimum of 1”.
Underlayment: Install 3/4” APA A-C plugged plywood with fully sanded face
(approximately 1060 sq. ft.). Lay all plywood sheets perpendicular to floor joists. Install
the underlayment with 2” divergent tip staples or with proper length screws that penetrate
all of the existing floor surfaces. All fasteners shall be countersunk below the surface of
the underlayment. Fasteners shall be spaced 4” o.c. at perimeter and 8” o.c. in the field.
Prep the new underlayment to accept LVT flooring using ARDEX K-15 floor leveler (or
approved equal) as filler over the countersunk fasteners and any voids, sand to even the
surface.
Crawlspace Access, crawlspace inspection: Install new 4” thick concrete floor in
area in front of crawlspace access (approximately 3’ x 3’) and level with existing concrete
footing. Install three (3) # 4 rebar each way, dowel rebar into existing concrete. Install
Ardex 15 floor leveler as needed prior to install of LVT flooring. Install outside corner, as
specified by flooring manufacturer, to protect LVT flooring at step area. Install trim on
sides and header of crawlspace access door. Paint trim and access door. Inspect crawlspace
insulation, replace missing or damaged insulation and reinstall insulation that has fallen
down. Repair or replace any damaged or missing plastic vapor barrier in crawlspace.
Remove all garbage and debris from crawlspace.
Luxury Vinyl Tile: Install Luxury Vinyl Tiles (LVT), “Mohawk Reconnected” Mocha #
259 (or approved equal) in all areas throughout the unit (excludes garage), approximately
1450 sq. ft. Follow all manufacturers recommended installation requirements for layout,
adhesives, installation, underlayment, prep and cleaning. Install all tiles tight with no gaps
between the tiles. Wipe off all residual adhesive from the tile surface, seams, walls or other
areas. Ensure that all fits at the walls are tight enough for the cove base to cover the edge
of the tile. Install manufacturers recommended transition strips at all areas where the tile
changes direction. Layout the tile in a manner which prevents small pieces at the walls or
openings. Pay attention to toilet flange, adjust if necessary to provide best seal for toilet.
Cove base: Install continuously, “Roppe” 700 series, brown, 4” rubber cove base (or
approved equal) in bathrooms, kitchen and utility room (approximately 120 lin. ft.). Install
“Roppe” 700 series, brown, 2 ½” rubber cove base (or approved equal) in all other areas
(approximately 220 lin. ft.). Install at all wall areas and stair risers where LVT is installed.
Make proper cuts, fits and transitions where they occur at all inside and outside corners.
Use adhesive as recommended by manufacturer. Clean up all excess adhesive from
flooring and wall. In bathrooms, clear 100% silicone is to be applied at the toe of the base
to floor and at base of shower surround to prevent water intrusion. Follow all manufacturer
recommended installation guidelines.

Handrails, stair treads, risers and nosings:

a. Handrails: Clean existing metal handrails (2) and prep for paint. Install “Krylon” model #
K00779008, semi-gloss, black spray paint, two (2) coats on handrails prior to installation.
Install 2x6 solid wood backing as needed to fasten handrails securely. Repair drywall,
texture and paint as needed. Install handrails per code.
b. Stair treads and risers: Remove existing finishes on stair treads and risers, do not remove
existing skirt boards. Save and protect existing skirt boards on sides of stairways if
possible. If not possible to reuse skirt boards, replace with like material and size. Skirt
board paint will be same brand, color and sheen as trim paint. It may be necessary to add ½
in. underlayment to risers to maintain building code riser heights and tolerances.

Furnish and install Luxury Vinyl Tiles (LVT), “Mohawk Reconnected” Mocha # 259 (or
approved equal) for stair treads and risers. Follow all manufacturers recommended
installation requirements for layout, adhesives, installation, underlayment, prep and
cleaning. Install all tiles tight with no gaps between the tiles. Wipe off all residual adhesive
from the tile surface, seams, walls or other areas.
c. Stair nosings: Furnish and install “Johnsonite”, model # VDL-XX-RD, beige, vinyl stair
nosings (or approved equal).

8. Install new interior doors, handles, door stops and associated trim:

a. Interior doors: Install ten (10) new pre-hung doors. Doors shall be white, 6 panel, 1 3/8”
thickness, height shall be 6’ 8”, bored for 2 ¾” mortised backsets. No drive-in backsets
will be allowed. Solid core door locations will be bathrooms and bedrooms all other
locations may be hollow core doors. Install new right-hand out swing door at hall closet on
lower floor (this door is on left side of lower bathroom when walking down stairs). Match
existing door opening width as close as possible. The closet had cabinet style door
previously. The opening will need to be reframed for correct installation of new door. The
closet shelving may have to be modified or replaced to accommodate new door. New
interior door between utility room and kitchen to be pre-hung, six (6) panel, metal door,
match door swing to existing door.
b. All door hardware, knobs, hinges and stops shall be satin nickel finish.
c. Locksets: Install new “Schlage” Orbit Model # F40 satin nickel (or approved equal)
locksets. Privacy locksets to be installed on master bedroom and bathroom doors only,
passage locksets to be installed on all other doors. Test and adjust all locksets for smooth
operation and proper latch. Lubricate the backset if necessary.
d. Door Stops: 3 1/8” spring door stop or adjustable hinge stop. Install wall mounted spring
stops unless impractical. Where not practical install two (2) adjustable hinge stops.
e. Install pre-hung doors with swing and size to match opening. Install doors in rough
openings using shims to guarantee a level, plumb, square and accurate fit. Ensure the reveal
between the jamb and door is uniform on all sides and top between 1/8” and ¼”. Secure top
and bottom hinge with adequate size screw that penetrates into framing a minimum of 1 ½”
to prevent sagging. Check operation of door to ensure it is not hinge bound or collapsed
below bottom hinge. Adjust stops on the jambs to prevent door rattle.
f. Install 1 x 3 MDF flat stock trim on sides of door jambs and 1 x 4 MDF flat stock on header
of jamb. Ensure proper reveal at edge of casing and jamb. Miter all casing for an accurate
fit at the junction of the casing head and leg. Use proper size nails for jamb and casing. Fill
nail holes and mitered joints with wood filler and sand smooth prior to painting.
g. Materials installed by Contractor found to be split, warped or damaged are not acceptable
and will be replaced at Contractors expense.

9. Install window sills and aprons:
a. After demo inspect each window opening on the interior and weather seal as
needed, using fiberglass insulation.
b. Install 1 x 6 or proper width (Contractor to verify width) sills. Sills to be finger
jointed pine (or approved equal). Aprons may be 1 x 3 MDF or finger jointed pine.
c. Sills will be installed with a minimum of 1” overhang and 1” past window opening
on right and left sides. Use shims to ensure reveals remain consistent in relation to
the newly installed drywall in the window opening and with the window frame.
Smooth any sharp edges on ends of sills.
d. Aprons will be installed 1” back on right and left ends of the sills and have a 22.5º
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back cut.
e. Attach the sills and aprons with proper sized galvanized finish nails (minimum 15
gauge). Countersink nail holes, fill and sand smooth prior to painting.
10. Closet and utility room shelving:

a. Remove and replace any damaged shelving found in bedroom and hall closets. Match all
new shelving style and depth as close as possible to existing. Install new shelving in same
location where previously removed.
b. Remove existing utility room shelving and supports. Replace with like material, width,
length, thickness and spacing between supports. Attach shelf supports with proper size
screws or nails that penetrate a minimum of 1 ½” into wall studs. Attach shelving to
supports with galvanized finish nails (minimum 15 gauge). Countersink screw and nail
holes, fill and sand smooth prior to painting.
c. All bedroom closet, hall closet and utility room shelving perimeters shall be caulked prior
to painting, this includes top, bottom and sides.

11. Paint interior doors, exterior doors, shelves and associated trims:

a. Paint all interior doors, exterior doors, door jambs, closet shelving, pantry shelving, utility
room shelving and all associated trim. Use “Glidden Diamond” interior semi-gloss for
interior areas. use “Glidden Premium” exterior semi-gloss for exterior areas, color match
both to Colville White (see CIHA for color information).
b. Ensure all nail holes and screw holes are filled and sanded smooth prior to painting.
c. Primer any material that has an exposed cut end prior to painting.

12. Install new kitchen, bathroom and utility room cabinets and countertops:
a. Cabinets and countertops to be installed will be purchased and supplied by CIHA.
b. Contractor will be responsible for unloading and safe storage upon delivery.
c. Install cabinets and countertops in the configuration as shown in the cabinet and
countertop suppliers drawings (see attached).
Cabinet install: Attach all cabinets with proper length screws to framing members and
each other. Cabinets are to be installed straight, level, plumb and square as recommended
by the cabinet manufacturer. Use concealed cedar shims as needed. Install all necessary
filler strips, spacers, side panels, back panels, end panels and trim as needed for a
complete installation. Furnish (unless supplied by cabinet manufacturer) and install
matching scribe mold (solid wood, stained to match), as supplied by the cabinet
manufacturer at upper cabinets, ceilings and walls. Miter all joints at a 45⁰ angle. Fill all
nail holes with color matching putty.
d. Countertop installation: Attach preformed laminate countertops with proper size screws
to the cabinets at corner locations to ensuring the top is properly secured. Use care not to
use screws that might penetrate to the surface of the countertop. Any countertop with
laminate that has been perforated will require replacement at the Contractors expense. End
splashes are required on all countertops which terminate at a wall.
e. Range backsplash: Furnish and install sheet laminate “Wilsonart Plastic Laminate” (or
approved equal) Model # 1573-60 Frosty White on the wall behind the range as a grease
shield, attach with contact cement.
f. Use only white, 100% silicone, tub and tile caulking at the junction of the backsplash, end
splashes and wall. Wipe off residual caulking to ensure a professional application.
Page | 8

13. Install new kitchen sink, faucet, drain, stops and supply lines.
a. Kitchen sink: Install new 22” x 33” four (4) hole, double bowl, stainless steel sink
with a minimum depth of 8” in countertop at sink base location.
b. Faucet: Install new “Moen Chateau” # 7430 (or approved equal) single lever
handle kitchen faucet w/spray, chrome finish.
c. Drain, stops and supply lines: Install new ¼ turn compression stops. Install new
stainless steel, flex, no burst supply lines. Install new drain assembly, P-trap, ABS
loop vent (if necessary) and “Watts Qwik Fit” stainless steel, double cup basket
strainers.
d. All plumbing fixtures to be installed per manufacturer installation instructions.
e. All plumbing connections shall be inspected and leak free.
14. Install new tub/shower combos, shower faucet/valves and trim, tub spouts, shower

arms, shower heads, shower curtain rods and drain/overflow assemblies.
a. Demo existing tub/shower, tub/shower faucet, valve, tub spout, shower head and arm,
drain/overflow assembly and supply line from faucet to showerhead.
b. Install new tub/shower, tub/shower faucet/valve, tub spout, shower arm, shower head,
shower curtain rod and shower drain/overflow assembly. Install new supply line plumbing
pipes/connections for shower valve, tub spout, shower head and drain/overflow assembly.
c. Bathtub/Shower Combination: “Sterling Traverse”, Model # 71520110-10,
32” wide x 60” long x 77” high, white, 4 piece, left hand drain.
d. Tub and Shower Faucet with Valve, Shower Arm, Shower Head and Tub Spout:
“Moen Adler”, Model # 82603 (or approved equal), single handle, chrome finish.
e. Tub/Shower Drain Assembly: “Illusionary Overflow” (or approved equal) 12 in. x 4 in.
PVC Bath Waste/Overflow Bath Drain Chrome Model # 494244H-26.
f. Shower Curtain Rod: “Glacier Bay” Model # HD14016, 60”, aluminum, chrome finish.

15. Bathrooms: Toilets, bathroom sinks, bathroom sink faucets, drains, stops, supply lines,

medicine cabinets, towel bars, robe hooks and toilet paper holders.

a. Toilet: Install two (2) new “Eljer Savoy/Patriot”, Tanks Model # 141-0220, Bowls Model
# 131-2175, 1.6 GPF, ADA height (or approved equal), install with Fluidmaster Wax-Free
bowl gasket Model # 7500. Install new ¼ turn compression stops. Install new stainless
steel, flex, no burst supply lines. Install toilets level and secure. Shim toilets if necessary.
Cut and cap toilet anchor bolts. Caulk toilet base to floor leaving 4” opening in rear of
toilet.
b. Sink: Install two (2) new “Sterling Sanibel” Model # 442004 (or approved equal), 20” x
17” oval, self-rimming, vitreous china sinks.

c. Sink Faucet: Install two (2) new “Moen Adler” Model # WS84503 (or approved equal)
single lever handle faucets with pop up assembly, chrome finish.
d. Drain, Stops and Supply Lines: Install new P-trap assembly, ¼ turn compression stops
and stainless steel flex no burst supply lines for the new bathroom sinks.
e. Medicine Cabinet: Remove and dispose of existing medicine cabinets. Install two (2) new
“Glacier Bay” Model # 45406, 16 in. W x 26 in. H, white, frameless, recessed/surface
mount with mirror medicine cabinet (or approved equal). Install in location of previously
removed medicine cabinets.
f. Towel Bars: Install four (4) new “Moen” Aspen series, Model # 5824CH (or approved
equal). Location is Contractors responsibility. Towel bars will be mounted om 1 x 4 solid
wood flat stock, edges are to be beveled and painted to match wall finish. Two (2) per
bathroom.
Page | 9

g. Robe Hook: Install two (2) new “Moen” Aspen series Model # 5802CH (or approved
equal) in bathrooms. Location is Contractors responsibility. One (1) per bathroom.
h. Toilet Paper Holder: Install two (2) new “Moen” Aspen series Model # 5808CH toilet
paper holders (or approved equal). Location is Contractor’s responsibility.

16. Install new utility room sink, faucet, supply lines, stops and drain.
a. Utility Room Sink: Install one (1) new “Mustee” Model # HD67655-008D2,
22in. x 25 in. x 13.75 in. molded, fiberglass, white, drop-in utility sink (or
approved equal). Install per manufacturer instructions.
b. Faucet: Install one (1) new “Glacier Bay” Model # HD67655-0008D2 4 inch on
center, 2 two handle, centerset, stainless steel, pull out laundry faucet (or approved
equal).
c. Supply Lines, Stops and Drains: Install new stainless steel reinforced supply
lines, ¼ turn compression stops and P-trap assembly.
d. All plumbing connections shall be inspected and leak free.
17. Water heater, supply lines, stops, foam, pan and seismic straps.
a. Install water heater per all current IRC codes.
b. Water Heater: Supplied by CIHA, stored onsite and installed by the Contractor.
c. Supply Lines, Foam, Pan and Seismic Straps: To be supplied by CIHA (picked
up and installed by Contractor). Contractor to provide materials list to CIHA
which will include all connecting fittings and mounting hardware.
d. All plumbing connections shall be tested and leak free.
18. Install new electrical breakers, switches, outlets, covers, light fixtures, range hood and
smoke/carbon monoxide detectors, bathroom exhaust fan/light combo (plans attached).
a. Electrical Breakers: Install new AFCI/GFCI combo breakers to comply
project with current NEC codes
b. Switches, Outlets and Covers: Remove and dispose of all existing switches,
outlets and covers. Install new “white color” switches, outlets and covers and
comply with all current building and NEC codes. Range and dryer outlets are to be
replaced. New range and dryer outlets shall have metal double gang covers. Install
“Intermatic” white, 30-minute timer with timer/light switch cover to control
ceiling exhaust fan.
c. Light Fixtures: Remove and dispose of all existing interior light fixtures, this will
also include the living room ceiling fan. Install new light fixtures to all current
NEC codes. Install new fixtures in locations where light fixtures and ceiling fan
were previously removed.
d. Light Fixture Schedule:
• Kitchen: “Honeywell” Model # KT148D401100, 48 in., rectangular, flush
mount, white, LED (or approved equal)
• Kitchen sink: “Commercial Electric” Model # IPF3011L-3/WHT, 9 in., white,
LED, flush mount (or approved equal)
• Bathrooms: “Hampton Bay” Woodbury, Model # C06023301A, 24 in.,
brushed nickel, LED (or approved equal).
Page | 10

Bedrooms: “Hampton Bay” Flaxmere, Model # HB3687-07, 14 in., chrome,
LED, flush mount ceiling light, frosted white glass shade (or approved equal).
• Hallways: “Hampton Bay” Flaxmere, Model # HB3687-07, 14 in., chrome,
LED, flush mount ceiling light, frosted white glass shade (or approved equal).
• Utility room: “Hampton Bay” Flaxmere, Model # HB3687-07, 14 in., chrome,
LED, flush mount ceiling light, frosted white glass shade (or approved equal).
“Hampton Bay” Woodbury, Model # C06023301A, 24 in., 1 light, brushed
nickel, LED (or approved equal), mount above utility sink.
• Living room/dining room: “Hampton Bay” Flaxmere, Model # HB3687-07, 14
in., chrome, LED, flush mount ceiling light, frosted white glass shade (or
approved equal).
Include new LED light bulbs as necessary in all light fixtures. Follow
manufactures recommendation on proper wattage and bulb type for each
fixture.
e. Range Hood: “Broan” 42000 Series, Model # 423001D, 30 in., under cabinet,
white, 230 cfm., round duct, with light and damper (or approved equal). Install new
7 in. round, solid, galvanized duct from range hood to existing roof jack. Ducting
to be sealed at all joints by manufacturers recommended UL heat resistant tape.
Inspect and ensure that all ductwork is fully supported in the attic space. Range
hoods that provide ducted and ductless features or have square or rectangle
duct will not be accepted.
f. Smoke/Carbon Monoxide Detectors: Install one (1) Smoke/Carbon Monoxide
Detector in each sleeping room. Install one (1) Smoke/Carbon Monoxide Detector
in the immediate vicinity of sleeping rooms. Smoke Detector/Carbon Monoxide
Detectors shall have wire-free, voice interconnect and they must also have 10-year
tamper proof sealed battery.
g. Bathroom Exhaust Fan/Light Combo: Install two (2) “Delta Breez” Model #
GBR80HLED, 80 CFM, ceiling exhaust fans with LED light, white, one (1) in
each bathroom. Install new 4”, smooth, metal ducting with louvered vent cap to
exterior of home. Fan light shall be switched separately from wall mounted vanity
light.
•

All circuits altered to complete electrical work must be AFCI protected.
19. Install new heaters and thermostats.
a. Remove and dispose of any remaining baseboard heaters and thermostats.
b. Install new “Cadet” electric baseboard heaters at previous baseboard heater
locations.
c. Upstairs Bathroom: Install one (1) new, “Cadet” Model # CDT-UCH183, under
cabinet, fan forced, electric heater
d. Downstairs Bathroom: Install one (1) new, “Cadet” Model # CSC102W, 240 volt,
1000 watt, In-wall, fan forced heater, white. CIHA will determine location.
e. Install new “Cadet” Model # T522-W, wall mounted, white, line voltage
thermostats at previous thermostat locations.
Page | 11

f. Heater Schedule:
•
•
•
•
•
•
•
•
•
•

Kitchen: One (1) 2’4” baseboard heater.
Dining Room: One (1) 7 ft. baseboard heater.
Living Room: One (1) 8’ baseboard heater.
Utility Room: One (1) 8 ft. baseboard heater.
Upstairs Bathroom: One (1) toe-kick heater.
Upstairs Bedroom: One (1) 6’ baseboard heater.
Upstairs Bedroom: One (1) 6 ft. baseboard heater.
Downstairs Bedroom: One (1) 6 ft. baseboard heater.
Downstairs Bedroom: One (1) 6 ft. baseboard heater.
Downstairs Bathroom: One (1) wall heater.

20. Clothes dryer ducting.

Inspect existing clothes dryer ducting for function. damage, cleanliness or missing parts. Replace
any damaged or missing parts with new. Clean ducting as needed to ensure no lint or other clogs.
Make sure ducting is routed outside of building and damper is installed. Make sure ducting is
supported properly in crawlspace with no sagging.

21. Install kitchen range and refrigerator.

Contractor shall pick up and install kitchen range and refrigerator as supplied by CIHA.
Contractor shall install appliances per all manufacturer’s installation guidelines.

22. Install new wood stove, hearth and fresh air kit.
a. Pick up new woodstove and hearth (supplied by CIHA).
b. Install new wood stove per manufacturer’s installation instructions.
c. Install new 48 in. x 48 in. hearth pad.
d. Install new wood stove fresh air kit (supplied by contractor). Install per wood stove
manufacturer recommendations.
e.
23. Install new window blinds.
a. Mini Blinds: “Bali Classics” 1 in., aluminum, creamy beige (or approved equal).
b. Fit inside window opening, cut to width and height.
c. Install mini blinds in all window openings.

24. Clean home to move-in ready condition:

Clean entire home to move-in ready condition. Including but not limited to windows, exhaust fan
grilles and ducting, bathtubs and surrounds, walls, floors, ceilings, cabinets, countertops, plumbing
fixtures etc.

25. Clean up and disposal:
Clean up and dispose of all materials and construction debris from interior and exterior of building
upon completion of project per approved CCT Solid Waste Disposal Plan. Additional cleanup will be
necessary each time Contractor enters the home to perform punchlist or incomplete work.

FY26-29 Unit 1222 Moccasin Run: End of Scope of Work

_______________________________________________________________________________
Page | 12

Submittal Requirements:
•
•

•

Submittals for products as specified above can be in the form of a product sample or a signed
quote for materials or invoice (if all manufacturers numbers are included).
If proposing to furnish “equal products” the Contractor must submit manufacturers
specifications, all technical data and installation instructions on all materials submitted for use
with the proposal.
Contracting Officer or Authorized Designee will determine the use of “equal products” based
on the information supplied by the Contractor. If there is not sufficient information to make a
comparison the substitution will not be allowed.

Electrical:
•
•
•

All electrical work performed shall be completed per current NEC electrical codes.
All AFCI and GFCI codes per current NEC shall be adhered to.
All smoke detectors and carbon monoxide detectors shall be tested for correct operation.

Plumbing:
• Contractor shall pressure test all plumbing for leaks with CIHA and CCT Building
Inspector present.
_____________________________________________________________________________________

Page | 13

Map to Unit 1222 Moccasin Run Inchelium, WA 99138

North

Unit 1222 Moccasin Run

Unit 1222 Moccasin Run Floor Plan
For Reference Only

Unit 1222 Moccasin Run Lower Level Floor Plan
For Reference Only

Upper Bathroom

Unit 1222 Cabinet Locations
For reference only.

Yellow highlighted area indicates base cabinets

Red highlighted area indicates upper cabinets

Lower Bathroom

Kitchen and Utility Room

For reference only.
Unit 1222 Kitchen Cabinet Elevations

1222 Moccasin Run Electrical Plan Main Level
For Reference Only

Unit 1222 Moccasin Run Electrical Plan Lower Level
For Reference Only

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

Form of Quote
Non-Collusion Affidavit
Statement Regarding Indian Preference
HUD Form 5369-A
Solid Waste Disposal Form
Contract Template
SAM Clause
Davis Bacon Wage Determination
Indian Enterprise Qualification
Statement
TERO Compliance and Utilization Plan

COLVILLE INDIAN HOUSING AUTHORITY

FORM OF QUOTE
PAGE - 1

QUOTE FOR: FY26-29 CIHA Interior Rehabilitation Project

1222 Moccasin Run Inchelium, WA 99138

TO:

COLVILLE INDIAN HOUSING AUTHORITY
P. O. BOX 528 / 42 CONVALESCENT CENTER BOULEVARD NESPELEM, WASHINGTON
99155

Gentlemen:
I, ________________________________________ the undersigned, have familiarized myself
with the local conditions affecting the cost of the work and with the Specifications (including
Request for Quotations, this Form of Quote, the General Scope of Work, and drawings. If any
thereto, as prepared by Owner’s Representative and on file in the office of the CIHA, hereby
proposes to furnish all labor, materials, equipment and services required to complete work related
to the project scope of work, all in accordance therewith, for the sum of:
BASIC QUOTE
______________________________________________DOLLARS ($___________________)
Quote for services must include all potential TERO fees.

Site Investigation: The Contractor acknowledges that he has satisfied himself as to the nature
and location of the work, the general and local conditions, particularly those bearing upon
transportation, disposal, handling and storage of materials, availability of labor, water, electrical
power, roads and uncertainties of weather, ground water table or similar physical conditions at
the site, the conformation and conditions of the ground surface, the character, quality and
quantity of surface materials to be encountered, the character of equipment and facilities needed
prior to and during the prosecution of the work or the cost thereof under this Contract. Any failure
by the Contractor to acquaint himself with all of the available information concerning these
conditions will not relieve him from responsibility for estimating properly the difficulty or cost of
successfully performing the work.
Amendment Receipt:
Receipt of the following addenda is acknowledged:

Amendment No. :
Amendment No. :

Date:
Date:

COLVILLE INDIAN HOUSING AUTHORITY

FORM OF QUOTE
PAGE - 2

II.

In submitting this Quote, it is understood that the right is reserved by the CIHA to reject
any and all Quotes. If written notice of the acceptance of this Quote is mailed,
telegraphed, faxed, or delivered to the undersigned within sixty (60) days after the
opening thereof, or at any time thereafter before this Quote is withdrawn, the undersigned
agrees to execute and deliver a Contract in the prescribed form.

IV.

Attached hereto is an affidavit in proof that the undersigned has not entered into any
collusion with any person in respect to this quote or any other quote or the submitting of
quotes for the contract for which this quote is submitted.

V.

The Bidder represents that he ( ) has, ( ) has not, participated in a previous contract or
subcontract subject to the equal opportunity clause prescribed by Executive Orders
10925, 11114, or 11246 or the Secretary of Labor; that he ( ) has, ( ) has not, filed all
required compliance reports; and that representations indicating submission of required
compliance reports, signed by proposed subcontractors, will be obtained prior to
subcontract awards. (The above representation need not be submitted in connection
with contracts or subcontracts that are exempt from the clause.)

VII.

I have enclosed with this bid the following items per Instruction to Bidders.
1.
2.
3.
4.
5.

Non-Collusion Affidavit
Statement Regarding Indian Preference
HUD Form 5369A
CCT Solid Waste Disposal Form
Indian Enterprise Qualifications Statement (MUST be included or on file with CIHA for
Indian Preference points)
6. TERO Compliance and Utilization Plan

NOTE:

The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

DATE __________________________

__________________________
FIRM NAME

OFFICIAL ADDRESS:

__________________________
BY

_______________________________

__________________________
TITLE

_______________________________
_______________________________
TELEPHONE

END OF FORM OF QUOTE

Non-Collusion Affidavit

CIHA Form 05/2018
Non-Collusion Affidavit

I, ____________________________, being first duly sworn under oath, do hereby attest and
affirm as follows:
1. That I am a duly authorized officer or agent of __________________________, the offeror
submitting the competitive proposal attached to this Affidavit, for the purpose of certifying the
facts pertaining to the existence of collusion among the offerors or between this offeror and any
officer, agent or employee of Colville Indian Housing Authority (CIHA) or the Colville
Confederated Tribes (Tribe), as well as facts pertaining to the giving or offering things of value to
officers, agents or employees of CIHA or the Tribe in return for special consideration in the
letting of any contract pursuant to the attached competitive bid.
2. That I am fully aware of the facts and circumstances surrounding the making of the
competitive proposal and has been personally and directly involved in the proceedings leading to
the submission of such proposal.
3. That the proposal submitted is genuine and is not the product of any collusion and is not a
sham proposal, and that all statements in the proposal are true.
4. That neither the offeror named above nor anyone subject to the offeror’s direction or control
has been a party:
a. to any collusion among offerors to agree to bid at a fixed price or to refrain from
submitting a proposal, or as to quantity, quality, cost element, profit, overhead, or price in
the prospective contract or as to any other term of the prospective contract;
b. to any collusion with any CIHA or Tribal officer, agent or employee as to quantity,
quality, cost element, profit, overhead, or price in the prospective contract or as to any
other term of the prospective contract;
c. to any discussions between offerors or between this offeror and any officer, agent or
employee of CIHA or the Tribe pertaining to the giving or offering things of value to
officers, agents or employees of CIHA or the Tribe in return for special consideration in
the letting of any contract pursuant to the attached proposal.
So sworn this ___ day of ______________, 20___.
______________________________
Signature of Affiant

(Certification on page 2)
1|Page

Non-Collusion Affidavit

CIHA Form 05/2018

Certification
County of _____________
State of _______________

)
)ss
)

I, the undersigned, a duly commissioned and sworn notary public, do hereby certify that
on the ___ day of ____________, 20___, the above-signed _____________________ personally
appeared before me and was personally known to me, and executed the within instrument and
acknowledged that he/she signed the same as his/her free and voluntary act and deed, for the uses
and purposes therein mentioned.
__________________________________
Notary Public for ____________________
My Commission Expires:______________

2|Page

Statement Regarding Indian Preference
If successful, the offeror (through its duly authorized and undersigned
representative) hereby agrees and certifies that it will:
1.

To the greatest extent feasible, give preference in the award of any subcontracts to
Indian organizations and Indian-owned economic enterprises, and adopt and
implement, for all subcontracts, the Indian Preference Requirements of 24 CFR
1000.48 – 52, the Tribes’ Tribal Employment Rights Ordinance (Chapter 10-1 of
the Colville Tribal Code, hereinafter “TERO”) and the CIHA Procurement Policy
to the greatest extent feasible. Copies of these provisions are attached hereto.

2.

To the greatest extent feasible, give preference in opportunities for training and
employment to Indians, and adopt and implement, for hiring, training, and
promotion, the Indian Preference provisions of 24 CFR 1000.48 – 52, the TERO,
and the CIHA Personnel Manual. Copies of these provisions are attached hereto.

3.

Supply information to CIHA and, where required, to the Tribal Employment
Rights Office as established under the TERO, on a periodic basis during
performance of its duties under the contract demonstrating its efforts to apply
Indian preference in hiring, promotion, training, and subcontracting, including
what steps were taken to solicit Indian businesses for subcontracting and Indian
people for hiring, promotion, and training.

4.

Submit, and cause each subcontractor to submit, a certification and supporting
evidence to CIHA whenever it is not feasible to provide Indian preference in
subcontracting.

Offerer acknowledges and understands that improper subcontracting or false
certification as to Indian preference in hiring and training, or as to subcontracting with
Indian enterprises or organizations, shall be grounds for termination of the contract and
for seeking penalties against the Contractor.

Dated this ____ day of ________________, 20____.

________________________________
Signature

On behalf of:

________________________________
Printed Name

______________________________
Name of Offeror

________________________________
Title

U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing

Representations, Certifications,
and Other Statements of Bidders
Public and Indian Housing Programs

Previous edition is obsolete

form HUD-5369-A (11/92)

Representations, Certifications,
and Other Statements of Bidders
Public and Indian Housing Programs
Table of Contents
Clause

Page

1.

Certificate of Independent Price Determination

1

2.
3.

Contingent Fee Representation and Agreement
Certification and Disclosure Regarding Payments
to Influence Certain Federal Transactions

1
1

4.

Organizational Conflicts of Interest Certification

2

5.

Bidder's Certification of Eligibility

2

6.
7.

Minimum Bid Acceptance Period
Small, Minority, Women-Owned Business Concern
Representation
Indian-Owned Economic Enterprise and Indian
Organization Representation

2
2

Certification of Eligibility Under the Davis-Bacon Act

3

8.
9.

10. Certification of Nonsegregated Facilities

2
3

11. Clean Air and Water Certification

3

12. Previous Participation Certificate

3

13. Bidder's Signature

3

1.

(c) If the bidder deletes or modifies subparagraph (a)2 above, the
bidder must furnish with its bid a signed statement setting forth in
detail the circumstances of the disclosure.
[ ] [Contracting Officer check if following paragraph is applicable]
(d) Non-collusive affidavit. (applicable to contracts for construction
and equipment exceeding $50,000)
(1) Each bidder shall execute, in the form provided by the PHA/
IHA, an affidavit to the effect that he/she has not colluded with any
other person, firm or corporation in regard to any bid submitted in
response to this solicitation. If the successful bidder did not submit
the affidavit with his/her bid, he/she must submit it within three (3)
working days of bid opening. Failure to submit the affidavit by that
date may render the bid nonresponsive. No contract award will be
made without a properly executed affidavit.
(2) A fully executed "Non-collusive Affidavit" [ ] is, [ ] is not
included with the bid.

2.

Certificate of Independent Price Determination

Contingent Fee Representation and Agreement

(a) Definitions. As used in this provision:

(a) The bidder certifies that-(1) The prices in this bid have been arrived at independently,
without, for the purpose of restricting competition, any consultation,
communication, or agreement with any other bidder or competitor
relating to (i) those prices, (ii) the intention to submit a bid, or (iii) the
methods or factors used to calculate the prices offered;
(2) The prices in this bid have not been and will not be
knowingly disclosed by the bidder, directly or indirectly, to any other
bidder or competitor before bid opening (in the case of a sealed bid
solicitation) or contract award (in the case of a competitive proposal
solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the bidder to
induce any other concern to submit or not to submit a bid for the
purpose of restricting competition.
(b) Each signature on the bid is considered to be a certification by
the signatory that the signatory-(1) Is the person in the bidder's organization responsible for
determining the prices being offered in this bid or proposal, and that
the signatory has not participated and will not participate in any
action contrary to subparagraphs (a)(l) through (a)(3) above; or
(2) (i) Has been authorized, in writing, to act as agent for the
following principals in certifying that those principals have not
participated, and will not participate in any action contrary to
subparagraphs (a)(l) through (a)(3) above.
_______________________________________________ [insert
full name of person(s) in the bidder's organization responsible for
determining the prices offered in this bid or proposal, and the title of
his or her position in the bidder's organization];
(ii) As an authorized agent, does certify that the principals
named in subdivision (b)(2)(i) above have not participated, and will
not participate, in any action contrary to subparagraphs (a)(1)
through (a)(3) above; and

Previous edition is obsolete

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

Page1 of 3

"Bona fide employee" means a person, employed by a bidder
and subject to the bidder's supervision and control as to time, place,
and manner of performance, who neither exerts, nor proposes to
exert improper influence to solicit or obtain contracts nor holds out
as being able to obtain any contract(s) through improper influence.
"Improper influence" means any influence that induces or tends
to induce a PHA/IHA employee or officer to give consideration or to
act regarding a PHA/IHA contract on any basis other than the merits
of the matter.
(b) The bidder represents and certifies as part of its bid that, except
for full-time bona fide employees working solely for the bidder, the
bidder:
(1) [ ] has, [ ] has not employed or retained any person or
company to solicit or obtain this contract; and
(2) [ ] has, [ ] has not paid or agreed to pay to any person or
company employed or retained to solicit or obtain this contract any
commission, percentage, brokerage, or other fee contingent upon or
resulting from the award of this contract.
(c) If the answer to either (a)(1) or (a)(2) above is affirmative, the
bidder shall make an immediate and full written disclosure to the
PHA/IHA Contracting Officer.
(d) Any misrepresentation by the bidder shall give the PHA/IHA the
right to (1) terminate the contract; (2) at its discretion, deduct from
contract payments the amount of any commission, percentage,
brokerage, or other contingent fee; or (3) take other remedy
pursuant to the contract.

3.

Certification and Disclosure Regarding Payments to
Influence Certain Federal Transactions (applicable to
contracts exceeding $100,000)

(a) The definitions and prohibitions contained in Section 1352 of
title 31, United States Code, are hereby incorporated by reference
in paragraph (b) of this certification.
form HUD-5369-A (11/92)

(b) The bidder, by signing its bid, hereby certifies to the best of his
or her knowledge and belief as of December 23, 1989 that:
(1) No Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress
on his or her behalf in connection with the awarding of a contract
resulting from this solicitation;
(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have
been paid, or will be paid, to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress on his or her behalf in connection with this
solicitation, the bidder shall complete and submit, with its bid, OMB
standard form LLL, "Disclosure of Lobbying Activities;" and
(3) He or she will include the language of this certification in all
subcontracts at any tier and require that all recipients of subcontract
awards in excess of $100,000 shall certify and disclose accordingly.
(c) Submission of this certification and disclosure is a prerequisite
for making or entering into this contract imposed by section 1352,
title 31, United States Code. Any person who makes an expenditure
prohibited under this provision or who fails to file or amend the
disclosure form to be filed or amended by this provision, shall be
subject to a civil penalty of not less than $10,000, and not more than
$100,000, for each such failure.
(d) Indian tribes (except those chartered by States) and Indian
organizations as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B) are exempt
from the requirements of this provision.

4.

Organizational Conflicts of Interest Certification

The bidder certifies that to the best of its knowledge and belief and
except as otherwise disclosed, he or she does not have any
organizational conflict of interest which is defined as a situation in
which the nature of work to be performed under this proposed
contract and the bidder's organizational, financial, contractual, or
other interests may, without some restriction on future activities:
(a) Result in an unfair competitive advantage to the bidder; or,
(b) Impair the bidder's objectivity in performing the contract work.
[ ] In the absence of any actual or apparent conflict, I hereby certify
that to the best of my knowledge and belief, no actual or apparent
conflict of interest exists with regard to my possible performance of
this procurement.

5.

Bidder's Certification of Eligibility

(a) By the submission of this bid, the bidder certifies that to the best
of its knowledge and belief, neither it, nor any person or firm which
has an interest in the bidder's firm, nor any of the bidder's subcontractors, is ineligible to:
(1) Be awarded contracts by any agency of the United States
Government, HUD, or the State in which this contract is to be
performed; or,
(2) Participate in HUD programs pursuant to 24 CFR Part 24.
(b) The certification in paragraph (a) above is a material representation of fact upon which reliance was placed when making award.
If it is later determined that the bidder knowingly rendered an
erroneous certification, the contract may be terminated for default,
and the bidder may be debarred or suspended from participation in
HUD programs and other Federal contract programs.

Previous edition is obsolete

Page 2 of 3

6.

Minimum Bid Acceptance Period

(a) "Acceptance period," as used in this provision, means the
number of calendar days available to the PHA/IHA for awarding a
contract from the date specified in this solicitation for receipt of bids.
(b) This provision supersedes any language pertaining to the
acceptance period that may appear elsewhere in this solicitation.
(c) The PHA/IHA requires a minimum acceptance period of
[Contracting Officer insert time period] calendar days.
(d) In the space provided immediately below, bidders may specify
a longer acceptance period than the PHA's/IHA's minimum requirement. The bidder allows the following acceptance period:
calendar days.
(e) A bid allowing less than the PHA's/IHA's minimum acceptance
period will be rejected.
(f) The bidder agrees to execute all that it has undertaken to do, in
compliance with its bid, if that bid is accepted in writing within (1) the
acceptance period stated in paragraph (c) above or (2) any longer
acceptance period stated in paragraph (d) above.

7.

Small, Minority, Women-Owned Business Concern
Representation

The bidder represents and certifies as part of its bid/ offer that it -(a) [ ] is, [ ] is not a small business concern. "Small business
concern," as used in this provision, means a concern, including its
affiliates, that is independently owned and operated, not dominant
in the field of operation in which it is bidding, and qualified as a small
business under the criteria and size standards in 13 CFR 121.
(b) [ ] is, [ ] is not a women-owned business enterprise. "Womenowned business enterprise," as used in this provision, means a
business that is at least 51 percent owned by a woman or women
who are U.S. citizens and who also control and operate the business.
(c) [ ] is, [ ] is not a minority business enterprise. "Minority
business enterprise," as used in this provision, means a business
which is at least 51 percent owned or controlled by one or more
minority group members or, in the case of a publicly owned business,
at least 51 percent of its voting stock is owned by one or more
minority group members, and whose management and daily operations are controlled by one or more such individuals. For the purpose
of this definition, minority group members are:
(Check the block applicable to you)
[ ] Black Americans

[ ] Asian Pacific Americans

[ ] Hispanic Americans

[ ] Asian Indian Americans

[ ] Native Americans

[ ] Hasidic Jewish Americans

8.

Indian-Owned Economic Enterprise and Indian
Organization Representation (applicable only if this
solicitation is for a contract to be performed on a project for an
Indian Housing Authority)

The bidder represents and certifies that it:
(a) [
] is, [
] is not an Indian-owned economic enterprise.
"Economic enterprise," as used in this provision, means any commercial, industrial, or business activity established or organized for
the purpose of profit, which is at least 51 percent Indian owned.
"Indian," as used in this provision, means any person who is a
member of any tribe, band, group, pueblo, or community which is
recognized by the Federal Government as eligible for services from
the Bureau of Indian Affairs and any "Native" as defined in the Alaska
Native Claims Settlement Act.
(b) [ ] is, [ ] is not an Indian organization. "Indian organization,"
as used in this provision, means the governing body of any Indian
tribe or entity established or recognized by such governing body.
Indian "tribe" means any Indian tribe, band, group, pueblo, or
form HUD-5369-A (11/92)

community including Native villages and Native groups (including
corporations organized by Kenai, Juneau, Sitka, and Kodiak) as
defined in the Alaska Native Claims Settlement Act, which is
recognized by the Federal Government as eligible for services from
the Bureau of Indian Affairs.

9.

Certification of Eligibility Under the Davis-Bacon
Act (applicable to construction contracts exceeding $2,000)

(a) By the submission of this bid, the bidder certifies that neither it
nor any person or firm who has an interest in the bidder's firm is a
person or firm ineligible to be awarded contracts by the United States
Government by virtue of section 3(a) of the Davis-Bacon Act or 29
CFR 5.12(a)(1).
(b) No part of the contract resulting from this solicitation shall be
subcontracted to any person or firm ineligible to be awarded
contracts by the United States Government by virtue of section 3(a)
of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(c) The penalty for making false statements is prescribed in the U.
S. Criminal Code, 18 U.S.C. 1001.

10. Certification of Nonsegregated Facilities (applicable
to contracts exceeding $10,000)
(a) The bidder's attention is called to the clause entitled Equal
Employment Opportunity of the General Conditions of the Contract for Construction.
(b) "Segregated facilities," as used in this provision, means any
waiting rooms, work areas, rest rooms and wash rooms, restaurants
and other eating areas, time clocks, locker rooms and other storage
or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided
for employees, that are segregated by explicit directive or are in fact
segregated on the basis of race, color, religion, or national origin
because of habit, local custom, or otherwise.
(c) By the submission of this bid, the bidder certifies that it does not
and will not maintain or provide for its employees any segregated
facilities at any of its establishments, and that it does not and will not
permit its employees to perform their services at any location under
its control where segregated facilities are maintained. The bidder
agrees that a breach of this certification is a violation of the Equal
Employment Opportunity clause in the contract.
(d) The bidder further agrees that (except where it has obtained
identical certifications from proposed subcontractors for specific
time periods) prior to entering into subcontracts which exceed
$10,000 and are not exempt from the requirements of the Equal
Employment Opportunity clause, it will:
(1) Obtain identical certifications from the proposed subcontractors;
(2) Retain the certifications in its files; and
(3) Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical
certifications for specific time periods):

Notice to Prospective Subcontractors of Requirement for
Certifications of Nonsegregated Facilities
A Certification of Nonsegregated Facilities must be submitted before
the award of a subcontract exceeding $10,000 which is not exempt
from the provisions of the Equal Employment Opportunity clause of
the prime contract. The certification may be submitted either for
each subcontract or for all subcontracts during a period (i.e.,
quarterly, semiannually, or annually).
Note: The penalty for making false statements in bids is prescribed
in 18 U.S.C. 1001.

11. Clean Air and Water Certification (applicable to contracts exceeding $100,000)
The bidder certifies that:
(a) Any facility to be used in the performance of this contract [ ]
is, [ ] is not listed on the Environmental Protection Agency List of
Violating Facilities:
(b) The bidder will immediately notify the PHA/IHA Contracting
Officer, before award, of the receipt of any communication from the
Administrator, or a designee, of the Environmental Protection
Agency, indicating that any facility that the bidder proposes to use
for the performance of the contract is under consideration to be
listed on the EPA List of Violating Facilities; and,
(c) The bidder will include a certification substantially the same as
this certification, including this paragraph (c), in every nonexempt
subcontract.

12. Previous Participation Certificate (applicable to
construction and equipment contracts exceeding $50,000)
(a) The bidder shall complete and submit with his/her bid the Form
HUD-2530, "Previous Participation Certificate." If the successful
bidder does not submit the certificate with his/her bid, he/she must
submit it within three (3) working days of bid opening. Failure to
submit the certificate by that date may render the bid nonresponsive.
No contract award will be made without a properly executed certificate.
(b) A fully executed "Previous Participation Certificate"
[ ] is, [ ] is not included with the bid.

13. Bidder's Signature
The bidder hereby certifies that the information contained in these
certifications and representations is accurate, complete, and
current.
__________________________________________________________________
(Signature and Date)
__________________________________________________________________
(Typed or Printed Name)
__________________________________________________________________
(Title)
__________________________________________________________________
(Company Name)

(Company Address)

Previous edition is obsolete

Page 3 of 3

form HUD-5369-A (11/92)

SOLID WASTE DISPOSAL FORM
The Confederated Tribes of the Colville Reservation
Public Works Department/Solid Waste
12 Lakes Street P.O. Box 150
Nespelem, WA 99155
509-634-2808

RECEIPTS FROM THE LAND FILL MUST BE RETURNED TO THE PUBLIC WORKS DEPARTMENT WITHIN 5
DAYS OF DISPOSAL. FAILURE TO COMPLY WITH THIS REQUIREMENT WILL RESULT IN FINES AS A RESULT
OF ILLEGAL DUMPING.
PROPERTY OWNER: ________________________________ PHONE NUMBER: ________________________________
OWNER ADDRESS: _________________________________ EMAIL: __________________________________________
CONTRACTOR(S): ____________________________________ START DATE: ___________________________________
•

SITE LOCATION:______________________________________________________________________________
___________________________________________________________________________________________

•

SCOPE OF WORK: ____________________________________________________________________________

•

IF THERE IS NO WASTE FOR THE PROJECT APPLICANT MUST STILL SIGN & DATE THIS FORM

WASTE TYPE: CHECK ALL THAT APPLY
CEMENT/FOUNDATION
METAL
CARDBOARD
OTHER_______________

INSULATION ELECTRICAL/WIRING PLUMBING ROOFING/TAR PAPER
PLASTIC SHEET ROCK/SIDING
ACM/MATERIALS CONTAINING LEAD

*IN ORDER FOR THIS FORM TO BE CONSIDERED COMPLETE A DISPOSAL SITE MUST BE SELECTED/NAMED,
THIS FORM MUST ALSO BE SIGNED AND DATED*
THE TRIBAL DUMP IS NOT AN OPTION FOR CONSTRUCTION WASTE
CIRCLE DISPOSAL SITE BELOW (IF SITE NOT LISTED WRITE IN SITE): NO WASTE CHECK HERE:
a.
b.
c.
d.
e.

OKANOGAN COUNTY LANDFILL, OKANOGAN WA
STEVENS COUNTY LANDFILL, KETTLE FALLS, WA
DELANO LANDFILL, GRAND COULEE, WA
GRAHAM ROAD, AIRWAY HEIGHTS, WA
WRITE IN: _______________________________

APPLICANT OR CONTRACTOR SIGNATURE: ___________________________________ DATE: _____________
SOLID WASTE MANAGER APPROVAL SIGNATURE: _______________________________ DATE: _______________

4.13.6 Disposal

(b) All building contractors and any person as defined by Section 4.136.2(k) are required by this Chapter to submit to the department for review and approval a Solid Waste Disposal Plan
prior to commencement of work to dispose of work site waste materials through the department or at the nearest approved landfill. The department shall issue a notice of noncompliance to any building contractor who fails to submit the plan, and impose a fine of $100 per day for each day that the Solid Waste Plan is not submitted to the department.
(Amended 11/7/02, Resolution 2002-675)

4

CONSTRUCTION AND CONSTRUCTION-RELATED SERVICES
SMALL PURCHAS E CONTRACT BETWEEN
COLVILLE INDIAN HOUSING AUTHORITY
AND
_________________________________
This Contract is entered into on the Confederated Tribes of the Colville Indian Reservation, between the Colville
Indian Housing Authority (“CIHA”) and ______________________ (“CONTRACTOR”), for the purpose of
securing the services of CONTRACTOR to provide the construction or construction-related services set out in Section 3
herein.
1.

CONTRACT DOCUMENTS
1.1

1.2

1.3

CONTRACTOR enters into this Contract and remains throughout the term of this Contract as an
independent contractor and not an employee.
1.1.1

CONTRACTOR is not subject to the day-to-day supervision of CIHA, but is contracted
independently to complete the project(s) oversight described herein.

1.1.2

CONTRACTOR shall be directly responsible to CIHA for all purposes contractual,
supervisory, and performance-related under this Contract.

1.1.3

CONTRACTOR is not entitled to the rights of benefits afforded to Tribal or CIHA
employees, including, but not limited to, disability or unemployment insurance, workers’
compensation, medical insurance, annual or sick leave, or any other employment benefit
accorded to Tribal or CIHA employees.

1.1.4

CONTRACTOR is responsible for providing, at CONTRACTOR’s expense, employer’s
taxes, applicable worker’s compensation and unemployment insurance, appropriate liability
insurance, and applicable licenses for CONTRACTOR.

Contract documents consist solely of this written Contract signed by both parties, the submitted
quotation, by CONTRACTOR, dated _____________, the Contract Documents and Specifications,
dated ______________, and Amendment(s) ______ which are incorporated herein by reference.
1.2.1

If CONTRACTOR is retained to render services under contracts or grants received by CIHA,
CONTRACTOR also shall be bound by the terms of those contracts or grants.

1.2.2

CIHA assumes no further obligations to CONTRACTOR other than those set forth in this
Contract.

CIHA’s Contracting Officer for the purposes of this Contract is:_______________________

2.

TERM OF CONTRACT. The term of this contract shall be __________________, unless extended pursuant
to the terms of this Contract.

3.

SERVICES TO BE PERFORMED BY CONTRACTOR
3.1

CONTRACTOR is retained to provide the following construction or construction -related services:
3.1.1

;

3.1.2

;

3.1.3

;

Construction Contract
Page 1 of 17

4.

3.1.4

;

3.1.5

;

3.1.6

.

3.2

CONTRACTOR will identify the need, if any, for consultants, subcontractors, or related business
professional services, and provide such analysis to CIHA. CIHA will make the final determination,
after consulting with CONTRACTOR, whether such consultants, subcontractors, or related business
professional services are needed for the project. CONTRACTOR will procure such services through
the applicable procurement process and consistent with all applicable competitive procurement
requirements.

3.3

All work product generated under this Contract by CONTRACTOR, outside consultants, or
subcontractors, shall be based upon CONTRACTOR’s knowledge, experience, and professional
judgment;

3.4

CONTRACTOR shall adhere to all laws, regulations, or standards applicable to such work in the
performance of this Contract.

COMPENSATION
4.1

CIHA shall compensate CONTRACTOR for services rendered under this contract as
follows:________________________________________.

4.2

CIHA shall pay compensation on the tenth of each month for the previous month’s work, upon
submission by CONTRACTOR of properly itemized invoices and receipts, or credit card itemized
billings, to CIHA’s Executive Director.

4.3

In the event that this Contract is terminated without cause before completion of the Contract term,
CONTRACTOR shall be paid such compensation as may be determined equitable to date of
termination. In the event this Contract is terminated for cause, CONTRACTOR shall receive such
compensation as is due under this contract to the date of termination set forth in such notice, so long
as CONTRACTOR is performing in conformity with the terms of this contract and all Tribal and
CIHA property is returned to CIHA.

4.4

Except in an emergency, advanced written approval shall be obtained from CIHA for additional
amounts for fees and expenses.

5.

CONDITIONAL CONSENT TO REPRES ENT OTHER CLIENTS . During the term of this Contract,
CONTRACTOR shall not engage or participate in any activity that conflicts with, or business that is in direct
competition with, the business of CIHA.

6.

GENERAL PROVISIONS
6.1

Integration. This Contract expresses the complete understanding of the parties, and supersedes any
and all other contracts or agreements, either oral or in writing, between the parties with respect to the
terms of this Contract. Each party to this Contract acknowledges that no representation, inducements,
promises, or agreements, orally or otherwise, have been made by any party, or anyone dealing on
behalf of any party, which are not embodied herein; and that no other agreement, statement, or
promise not contained in this Contract shall be valid or binding on either party, except that any other
written agreement dated concurrent with or after this Contract shall be valid as between the signing
parties.

Construction Contract
Page 2 of 17

6.2

Modifications. Any modification of this Contract will be effective only if it is in writing and signed
by both parties.

6.3.

Property of Parties

6.4

6.3.1

All records, of any nature, whether existing at the time of this Contract, produced through the
efforts of CONTRACTOR, or obtained by CONTRACTOR from any other source, and
whether prepared by CONTRACTOR or otherwise, shall remain the exclusive property of
CIHA.

6.3.2

All Tribal or CIHA equipment, books, and files/records utilized by CONTRACTOR in
performing CONTRACTOR’s duties under this Contract shall be returned immediately to
CIHA by CONTRACTOR on expiration or termination of this Contract, regardless of
whether any dispute exists between CIHA and CONTRACTOR at and/or following the
expiration or termination of this Contract.

6.3.3

Intellectual Property.
6.3.3.1

If this Contract involves performance of experimental, developmental, or
research work funded in whole or in part by the Federal government,
CONTRACTOR and CIHA shall comply with the requirements of 37 CFR Part
401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding
agency.

6.3.3.2

Except as provided in Section 6.3.3.1, above, CONTRACTOR agrees that
ownership of all materials developed under this Contract shall be in CIHA.

6.3.3.3

CONTRACTOR may retain all personal notes relating to work under this
Contract, and may retain copies of documents generated by CONTRACTOR
pursuant to this Contract; provided, however, that copies of all notes and
ORIGINAL copies of all documents created in the performance of this
Contract, shall be provided to CIHA.

Waiver.
6.4.1

The failure of either party to insist on strict compliance with any terms, covenants, or
conditions of this Contract by the other party shall not be deemed waiver of that term,
covenant, or condition; nor shall any waiver or relinquishment of any right or power at any
one time or times be deemed a waiver or relinquishment of that right or power of all and or
any other times.

6.4.2

Nothing in this Contract shall be construed to waive CIHA’s sovereign immunity from suit.

6.5

Governing Law. The Laws of the Confederated Tribes of the Colville Indian Reservation shall
govern this Contract.

6.6

Insurance. CONTRACTOR shall be liable for any damages to CIHA resulting from
CONTRACTOR’s acts and omissions, as well as the acts and omissions of any of CONTRACTOR’s
employees, agents, or officers, and CONTRACTOR shall carry insurance in the following amounts:
6.6.1

General Liability:

$________

6.6.2

Automobile Liability:

$________

Construction Contract
Page 3 of 17

6.6.3

Professional Liability: $________

6.7

CONTRACTOR’S Responsibility for Work. The CONTRACTOR’s responsibility will terminate
when all work reasonably inferable has been completed, the final inspection made, and final
acceptance of the work by the Contracting Officer. The CONTRACTOR will then be released from
further obligation except as required by the warranties specified elsewhere in the Contract.

6.8

Termination.
6.8.1

CIHA may terminate this Contract in whole, or from time to time in part, for CIHA's
convenience or the failure of the CONTRACTOR to fulfill the contract obligations (default).
CIHA shall terminate by delivering to the CONTRACTOR a written Notice of Termination
specifying the nature, extent, and effective date of the termination. Upon receipt of the
notice, the CONTRACTOR shall: (i) immediately discontinue all services affected (unless
the notice directs otherwise); and (ii) deliver to CIHA all information, reports, papers, and
other materials accumulated or generated in performing this contract, whether completed or
in process.

6.8.2

If the termination is for the convenience of CIHA, CIHA shall be liable only for payment for
services rendered and adequately performed before the effective date of the termination.

6.8.3

If the termination is due to the failure of CONTRACTOR to fulfill its obligations under the
Contract (default), CIHA may (i) require CONTRACTOR to deliver to it, in the manner and
to the extent directed by CIHA, any work as described in Section 6.8.1 above, and
compensation be determined in accordance with the Changes clause herein; (ii) take over the
work and prosecute the same to completion by contract or otherwise, and CONTRACTOR
shall be liable for any additional cost incurred by CIHA; (iii) withhold any payments to
CONTRACTOR, for the purpose of off-set or partial payment, as the case may be, of
amounts owed to CIHA by CONTRACTOR.

6.8.4

If, after termination for failure to fulfill contract obligations (default), it is determined that
CONTRACTOR had not failed, the termination shall be deemed to have been effected for
the convenience of CIHA, and CONTRACTOR shall be entitled to payment as described in
Section 6.8.2 above.

6.8.5

Upon the occurrence of any Event of Default by CIHA, and at any time as long as such
Event of Default by CIHA continues, CONTRACTOR may, at its option, declare this
Contract to be in default and exercise any one or more of the following remedies: (i)
Terminate this Contract by written notice to CIHA, which termination shall be effective upon
delivery of such notice to CIHA; (ii) Exercise all rights and remedies available to
CONTRACTOR at law or in equity under the laws of the Colville Confederated Tribes.

6.8.6

In the event of the death or disability of CONTRACTOR, this Contract may be terminated by
CIHA, and CIHA shall pay to the administrator or personal representative of
CONTRACTOR's estate any compensation due CONTRACTOR hereunder.

6.8.7

Any disputes with regard to this clause are expressly made subject to the terms of clause
titled Dispute Resolution herein.

6.9 It is recognized and agreed by CIHA and the CONTRACTOR that it is extremely difficult to measure the
harm to CIHA resulting from delayed completion of the Project. Potential damages include costs for: the
temporary relocation of and alternate housing for residents of the Project, similar difficulties in
calculating damages. Accordingly, CIHA and the Contractor agree that the CONTRACTOR shall have
assessed against it and shall pay to CIHA liquidated damages as follows. If CONTRACTOR fails to
complete the work within the time specified in the contract, or any extension, as specified in the clause
entitled Default of this contract, CONTRACTOR shall pay to the TDHE as liquidated damages, the sum
Construction Contract
Page 4 of 17

of ______ [Contracting Officer insert amount] for each day of delay [If no amount inserted, the amount of
liquidated damages shall be $100 per day]. If different completion dates are specified in the contract for
separate parts or stages of the work, the amount of liquidated damages shall be assessed on those parts or
stages which are delayed. To the extent that the Contractor's delay or nonperformance is excused under
another clause in this contract, liquidated damages shall not be due CIHA. CONTRACTOR remains liable
for damages caused other than by delay. If no amount is inserted in this paragraph, CONTRACTOR shall
pay to CIHA the actual amount of all damages sustained by the CIHA as a result of such delay.
7.

8.

INDIAN PREFERENCE (Section 7(b) Clause).
7.1

Contractor shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of the
Colville Confederated Tribes, CIHA, and the United States governing performance of the Scope of
Services. This Contract is subject applicable governing law, which includes, but is not limited to: the
Tribal employment and contracting preferences of the Colville Confederated Tribes, if any.

7.2

If the Colville Confederated Tribes does not have Tribal employmen t and contracting preferences, and
only until such time as the Colville Confederated Tribes adopts such preferences through law or
regulation, the following Indian preference provisions shall apply.

7.3

Indian Preference (Section 7(b)) Clause: The work to be performed under this contract is on a
project subject to section 7(b) of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450e(b)) (the Indian Act). Section 7(b) requires that to the greatest extent feasible:
7.3.1

Preferences and opportunities for training and employment shall
be given to Indians; and

7.3.2

Preferences in the award of contracts and subcontracts shall be
given to Indian organizations and Indian-owned economic enterprises.

7.3.3

CONTRACTOR shall comply with the provisions of section 7(b) of the Indian Act.

7.3.4

In connection with this Contract, CONTRACTOR shall, to the greatest extent feasible, give
preference in the award of any subcontracts to Indian organizations and Indian -owned
economic enterprises, and preferences and opportunities for training and employment to
Indians.

7.3.5

CONTRACTOR shall include this section 7(b) clause in every subcontract in connection
with the project, and shall, at the direction of CIHA take app ropriate action pursuant to the
subcontract upon a finding by the recipient or HUD that the subcontractor has violated the
section 7(b) clause of the Indian Act.

DISPUTE RESOLUTION.
8.1

"Claim" as used in this clause, means a written demand or written assertion by one of the contracting
parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or
interpretation of Contract terms, or other relief arising under or relating to the Contract. A claim
arising under the Contract, unlike a claim relating to the Contract, is a claim that can be resolved
under a Contract clause that provides for the relief sought by the claimant. A voucher, invoice, or
other routine request for payment that is not in dispute when submitted is not a claim. The submission
may be converted to a claim by complying with the requirements of this clause, if it is disputed either
as to liability or amount or is not acted upon in a reasonable time.

8.2

All disputes arising under or relating to this Contract, including any claims for damages for the
alleged breach thereof which are not disposed of by agreement, shall be resolved exclusively under
this clause.

Construction Contract
Page 5 of 17

8.3

The details and supporting documents of all claims by CONTRACTOR for additional compens ation,
or for an extension of time of performance, or for any dispute regarding a question of fact, or for
interpretation of the Contract, shall be made in writing and submitted to the Contracting Officer for a
written decision within ten (10) calendar days from the date of the occurrence of the dispute.
CONTRACTOR agrees that unless these written notices are provided, CONTRACTOR will have no
entitlement to additional time or compensation for such act, event or condition and such failure to
provide such notice shall constitute a waiver of the claims.

8.4

Presenting Claim. In presenting the claim and supporting documentation, CONTRACTOR shall
specifically include, to the extent then possible, the following:
8.4.1

Certification signed by CONTRACTOR that the claim is made in good faith, that the
supporting data is accurate and complete to the best of CONTRACTOR's knowledge and
belief, and that the amount requested accurately reflects the Contract adjustment for which
CONTRACTOR believes CIHA is liable.

8.4.2

A narrative which describes the facts and outlines the analysis of responsibility and causal
connection of the claim including: (i) A brief summary of the claim and the facts pertinent to
the claim; (ii) The specific Contract provisions on which the claim is based; (iii) A
description of the relative responsibilities of each party giving rise to the claims; (iv) A
description of the cause and effect relationship between the relevant acts and omissions of
the specific responsible parties and the damages or additional costs claimed; (v)
Documentation which supports the narrative including schedules, graphs, charts,
photographs, and any other pertinent documents or information; (vi) Quantitative analysis
and presentation of requested additional compensation and/or the additional time including:
(A) A summary of additional compensation and/or additional time requested; (B) Supporting
calculations, subcalculations, cost data and documents including proof of expenditures to
support the claimed additional compensation and/or additional time.

8.5

All claims by CONTRACTOR shall be made in writing and submitted to the Contracting Officer for a
written decision.

8.6

The Contracting Officer shall, within ____________ (60 unless otherwise indicated) days after receip t
of the request, decide the claim or notify CONTRACTOR of the date by which the decision will be
made.

8.7

The Contracting Officer's decision shall be final unless CONTRACTOR appeals in writing to a higher
level in CIHA in accordance with CIHA's applicable policy and procedures for such appeals, if any.
In the event that CIHA does not have a policy and procedures for such an appeal, an appeal may be
made to the governing body of CIHA. Such appeal must be made within ________________(10
unless otherwise indicated) days after receipt of the Contracting Officer's decision.

8.8

CONTRACTOR shall proceed diligently with performance of this Contract, pending final resolution
of any request for relief, claim, appeal, or action arising under or relating to the Contract, and comply
with any decision of the Contracting Officer.

8.9

Nothing in this Contract, or any action taken by CIHA or any of its agents or employees in connection
with this Contract shall be deemed to be a waiver of the sovereign immunity of CIHA or the Tribe.

8.10

CONTRACTOR hereby acknowledges and irrevocably consents to the exclusive personal and subject
matter jurisdiction of the Tribal Court or other Tribal dispute resolution entity or mechanism of the
Tribe over any dispute, suit or other legal action that may be filed relating to the Contract, provided
that this provision shall not be deemed to be a waiver of the sovereign immunity of the Tribe or
CIHA, which immunity is hereby expressly asserted, and provided further that any order, judgment or
award of such Court or dispute resolution entity or mechanism in favor of CIHA and against
CONTRACTOR may be registered or enforced in any court of competent jurisdiction.
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8.11

9.

10.

Time is of the essence for the CIHA to learn about and address claims and disputes. CONTRACTOR
must comply with all notification requirements, and bring any and all claims within the time frames
set out in this Section or such claims shall be permanently waived and deemed resolved. Further,
notwithstanding any other provision of this Contract, CONTRACTOR may not bring any kind of
cumulative or aggregate claim at any time.

CHANGES
9.1

CIHA may at any time, by written order, and without notice to the sureties, if any, make changes
within the general scope of this Contract in the services to be performed or supplies to be delivered.

9.2

If any such change causes an increase or decrease in the hourly rate, the not-to-exceed amount of the
Contract, or the time required for performance of any part of the work under this contract, whether or
not changed by the order, or otherwise affects the conditions of this contract, CIHA shall make an
equitable adjustment in the not-to-exceed amount, the hourly rate, the delivery schedule, or other
affected terms, and shall modify the contract accordingly.

9.3

CONTRACTOR must assert its right to an equitable adjustment under this clause within 10 days from
the date of receipt of the written order. However, if CIHA decides that the facts justify it, CIHA may
receive and act upon a proposal submitted before final payment of the Contract.

9.4

Failure to agree to any adjustment shall be a dispute under clause Disputes, herein. However, nothing
in this clause shall excuse the Contractor from proceeding with the contract as changed. (e) No
services for which an additional cost or fee will be charged by the Contractor shall be furnished
without the prior written consent of CIHA.

Prevailing Wage Rates
10.1

If the Colville Confederated Tribes has adopted Tribal prevailing wage laws, regulations, and rates
governing the work provided under this Contract, those laws, regulations and rates shall govern. If
not, then the remainder of this Section 10 shall apply.

10.2

Minimum Wages.
10.2.1 All laborers and mechanics employed under the Contract in the construction or development
of the project(s) involved will be paid unconditionally and not less often than once a week,
and without subsequent deduction or rebate on any account (except such payroll deductions as
are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29
CFR Part 3)), the full amount of wages and bona fide fringe b enefits (or cash equivalents
thereof) due at time of payment computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between the
Contractor and such laborers and mechanics. Contributions made or costs reasonably
anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on
behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,
subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs
incurred for more than a weekly period (but not less often than quarterly) under plans, funds,
or programs which cover the regular weekly period, are deemed to be constructively made or
incurred during such weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits in the wage determination for the classification of
work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4).
Laborers or mechanics performing work in more than one classification may be compensated
at the rate specified for each classification for the time actually worked therein; provided, that
the employer’s payroll records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any additional classification and
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Page 7 of 17

wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321)
shall be posted at all times by the Contractor and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily seen by the workers.
10.2.2

(A) Any class of laborers or mechanics, including helpers, which is not listed in the wage
determination and which is to be employed under the contract shall be classified in
conformance with the wage determination. HUD shall approve an additional classification
and wage rate and fringe benefits therefor only when all the following criteria have been met:
(1)
(2)
(3)

The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
The classification is utilized in the area by the construction industry; and
The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.

(B) If the Contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and HUD or its designee agree on the classification and
wage rate (including the amount designated for fringe benefits where appropriate), a report of
the action shall be sent by HUD or its designee to the Administrator of the Wage and Hour
Division, Employee Standards Administration, U.S. Department of Labor, Washington, DC
20210. The Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and so advise
HUD or its designee or will notify HUD or its designee within the 30-day period that
additional time is necessary.
(C) In the event the Contractor, the laborers or mechanics to be employed in the
classification or their representatives, and HUD or its designee do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where
appropriate), HUD or its designee shall refer the questions, including the views of all
interested parties and the recommendation of HUD or its designee, to the Administrator of
the Wage and Hour Division for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise HUD or its
designee or will notify HUD or its designee within the 30-day period that additional time is
necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to this
clause shall be paid to all workers performing work in the classification under this contract
from the first day on which work is performed in the classification.
10.2.3

Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor
shall either pay the benefit as stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.

10.2.4

If the Contractor does not make payments to a trustee or other third person, the Contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a plan or program;
provided, that the Secretary of Labor has found, upon the written request of the Contractor,
that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor
may require the Contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.

10.2.5

Withholding of Funds. CIHA shall, upon its own action or upon written request of an
authorized representative of the Department of Labor, withhold or cause to be withheld from
the Contractor under this contract or any other Federal contract with the same prime
Contractor, or any other Federally-assisted contract subject to Davis -Bacon prevailing wage
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requirements, which is held by the same prime Contractor, so much of the accrued payments
or advances as may be considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full
amount of wages required by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee, or helper, employed or working in the
construction or development of the project, all or part of the wages required by the contract,
HUD or its designee may, after written notice to the Contractor, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee of funds
until such violations have ceased. HUD or its designee may, after written notice to the
Contractor, disburse such amounts withheld for and on account of the Contractor or
subcontractor to the respective employees to whom they are due.
10.2.6

Payrolls and Basic Records.
(A) Payrolls and basic records relating thereto shall be maintained by the Contractor during
the course of the work and preserved for a period of three years thereafter for all laborers
and mechanics working in the construction or development of the project. Whenever the
Secretary of Labor has found, under 29 CFR 5.5(a)(1)(iv), that the wages of any laborer
or mechanic include the amount of costs reasonably anticipated in pro viding benefits
under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the
Contractor shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual cost incurred in
providing such benefits.
(B) (1) The Contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall
set out accurately and completely all of the information required to be maintained under
subparagraph (c)(1) of this clause. This information may be submitted in any form
desired.
(2) Each payroll submitted shall be accompanied by a “Statement of Compliance,”
signed by the Contractor or subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall certify the following:
(i) That the payroll for the payroll period contains the information required to be
maintained under this clause and that such information is correct and complete;
(ii) That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly, and that no deductions
have been made either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR Part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage
rates and fringe benefits or cash equivalents for the classification of work
performed, as specified in the applicable wage determination incorporated into the
contract.
(3) The falsification of any of the above certifications may subject the Contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and
Section 3729 of Title 31 of the United States Code.
(C) The Contractor or subcontractor shall make the records required under this clause
available for inspection, copying, or transcription by authorized representatives of
CIHA, HUD or its designee, the Contracting Officer, or the Department of Labor and
shall permit such representatives to interview employees during working hours on the
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job. If the Contractor or subcontractor fails to submit the required records or to make
them available, CIHA or its designee may, after written notice to the Contractor, take
such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds. Furthermore, failure to submit the required records upon
request or to make such records available may be grounds for debarment action pursuant
to 29 CFR 5.12.
10.2.7

Apprentices.
(A) Apprentices will be permitted to work at less than the predetermined rate for the work
they performed when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Office of Apprenticeship Training, Employer
and Labor Services (OATELS), or with a State Apprenticeship Agency recognized by
OATELS, or if a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is not individually
registered in the program, but who has been certified by OATELS or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment
as an apprentice.
(B) The allowable ratio of apprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio permitted to the Contractor as to the
entire work force under the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise employed as stated in this
paragraph, shall be paid not less than the applicable wage rate on the wage determination
for the classification of work actually performed. In addition, any apprentice performing
work on the job site in excess of the ratio permitted under the registered program shall
be paid not less than the applicable wage rate on the wage determinat ion for the work
actually performed. Where a contractor is performing construction on a project in a
locality other than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s
or subcontractor’s registered program shall be observed. Every apprentice must be paid
at not less than the rate specified in the registered program for the apprentice’s level of
progress, expressed as a percentage of the journeyman ho urly rate specified in the
applicable wage determination. Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the apprenticeship program does
not specify fringe benefits, apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable classification. If the Administrator of
the Wage and Hour Division determines that a different practice prevails for the
applicable apprentice classification, fringes shall be paid in accordance with that
determination. In the event OATELS, or a State Apprenticeship Agency recognized by
OATELS, withdraws approval of an apprenticeship program, the Contractor will no
longer be permitted to utilize apprentices at less than the applicable predetermined rate
for the work performed until an acceptable program is approved.

10.2.8

Trainees.
(A) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than
the predetermined rate for the work performed unles s they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on th e job site shall not be greater
than permitted under the plan approved by the Employment and Training
Administration.

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(B) Every trainee must be paid at not less than the rate specified in the approved program for
the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee program does not
mention fringe benefits, trainees s hall be paid the full amount of fringe benefits listed in
the wage determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate in the wage determination which provides for less than full fringe
benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate in the wage
determination for the classification of work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate in the wage determination
for the work actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the Contractor will no longer
be permitted to utilize trainees at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
10.2.9

Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen
under this clause shall be in conformity with the equal employment opportunity requirements
of Executive Order 11246, as amended by Executive Order 11375, and as further amended
by Executive Order 13672, and as it may be subsequently amended, and implementing
regulations at 41 CFR Part 60, and as supplemented in Department of Labor regulations,
rules, and orders.

10.2.10 Compliance with Copeland Act Requirements . The Contractor shall comply with the
requirements of 29 CFR Part 3, which are hereby incorporated by reference in this contract.
10.2.11 Contract Termination; Debarment. A breach of the labor standards clauses in this
contract may be grounds for termination of the contract and for debarment as a Contractor
and a subcontractor as provided in 29 CFR 5.12.
10.2.12 Compliance with Davis-Bacon and related Act Requirements. All rulings and
interpretations of the Davis -Bacon Act, as amended (40 U.S.C. 3141–3148), the Copeland
“Anti–Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations, and related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated
by reference in this contract. The CIHA must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation. The decision to award
a contract or subcontract must be conditioned upon the acceptance of the wage
determination. The CIHA must report all suspected or reported violations to the Federal
awarding agency. When required by Federal program legislation, this clause applies to all
prime construction contracts in excess of $2,000 awarded by non–Federal entities.
10.2.13 Disputes Concerning Labor Standards . Disputes arising out of the labor standards
provisions of this clause shall be subject to the general disputes clause of this contract, except
that disputes related to the Copeland Act and the Contract Work Hours and Safety Act shall
be resolved in accordance with the procedures of the Department of Labor set forth in 29
CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes be tween
the Contractor (or any of its subcontractors) and the CIHA, HUD, the U.S. Department of
Labor, or the employees or their representatives.
10.2.14 Certification of Eligibility.
(A) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor
any person or firm who has an interest in the Contractor’s firm is a person or firm
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ineligible to be awarded contracts by the United States Government by virtue of section
3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(B) No part of this contract shall be subcontracted to any person or firm ineligible for award
of a United States Government contract by virtue of section 3(a) of the Davis -Bacon Act
or 29 CFR 5.12(a)(1).
(C) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18
U.S.C. 1001.
10.2.15 Subcontracts. The Contractor or subcontractor shall insert in any subcontracts all the
provisions contained in this clause, and such other clauses as HUD or its designee may by
appropriate instructions require, and also a clause requiring the subcontractors to include
these provisions in any lower tier subcontracts. The prime Contractor shall be responsible for
the compliance by any subcontractor or lower tier subcontractor with all these provisions .
11.

MISCELLANEOUS TERMS AND CONDITIONS
11.1

Lead-Based Paint Poisoning Prevention. CONTRACTOR will comply with the lead-based paint
poisoning prevention requirements set out in 24 CFR 1000.40.

11.2

Section 3 of the Housing and Urban Development Act of 1968. CONTRACTOR will comply with
Section 3 of the Housing and Urban Development Act of 1968, as and only to the extent required by
24 CFR 1000.42.

11.3

Contract Work Hours and Safety Standards Act. In contracts awarded by CIHA in excess of
$100,000 that involve the employment of mechanics or laborers, CONTRACTOR will comply with
40 U.S.C. 3702 and supplemented by Department of Labor regulations as set out in 29 CFR Part 5.
Under 40 U.S.C. 3702, CONTRACTOR must compute the wages of every mechanic and laborer on
the basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a ha lf times the
basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be
required to work in surroundings or under working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

11.4

Prevailing Wage Requirements . CONTRACTOR will pay prevailing wages as required by 25
U.S.C. § 4114 of the Native American Housing Assistance and Self-Determination Act, and as set out
elsewhere in this Contract.

11.5

Use of Debarred, Suspended or Ineligible Contractors. CONTRACTOR will comply with
Executive Orders 12549 and 12689, and OMB implementation guidelines as set out in 2 CFR 180. A
contract award must not be made to parties listed on the government wide exclusions in the System
for Award Management (SAM), “Debarment and Suspension.” SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. CONTRACTOR
will comply with the prohibitions set out in 24 CFR Part 24, 2 CFR Part 200, 2 CFR Part 2424, as
well as any Tribal and CIHA requirements, with regard to the use of debarred, suspended or ineligible
subcontractors. (24 CFR 1000.44).

11.6

Drug-Free Workplace. CONTRACTOR will comply with the Drug-Free Workplace Act of 1988,
HUD’s implementing regulations at 24 CFR Part 24, and any tribal requirements as set out in 24 CFR
1000.46.

11.7

Equal Employment Opportunity. CONTRACTOR will comply with Executive Order 11246 of
September 24, 1965, entitled "Equal Employment Opportunity,'' as amended by Executive Order
11375 of October 13, 1967, as further amended by Executive Order 13672 of July 21, 2014, and as it
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may be subsequently amended, and implementing regulations at

[Text truncated at 120,000 characters. The full text is on the page linked above.]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3Aa4df3f63822d9bdd. Public record. Not legal advice.