REQUEST FOR QUOTATIONS

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FY26-46 HAF Preventative Displacement Repairs

1 Peone Lane Inchelium, WA 99138

Description:

One (1) Single Family Home: 1 Peone Lane Inchelium, WA

Furnish Labor and Materials to:

1. Demo existing materials scheduled to be replaced with new per Scope of Work.

2. Install new electrical panel, breakers, switches, outlets, covers, light fixtures.

3. Install new HVAC furnace, thermostat, duct cleaning

4. 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 and become part of the Contract Documents

1. Form of Quote (fill out and submit with quote)

2. Non-Collusion Affidavit (fill out and submit with quote)

3. Statement Regarding Indian Preference (fill out and submit with quote)

4. HUD 5369-A Form (fill out and submit with quote)

5. Solid Waste Disposal Form (fill out and submit with quote)

6. Contract (sample)

7. SAM Registry Clause: must have Unique Entity Identifier (formerly DUNS

number)

8. Davis Bacon Wage Determination (Ferry County)

9. Indian Enterprise Qualifications Statement (fill out and submit with quote)

10. TERO Compliance and Utilization Plan (fill out and submit with quote)

CIHA will receive quotations no later than 3:00 PM (local time), August 19, 2026.

Any quotations received after the above time will not be considered and will be returned to the

proposer.

A pre-proposal meeting will be held on-site at 10:00 AM (local time) on August 12, 2026

1 Peone Lane Inchelium, WA 99138

Site location by Google Maps: https://maps.app.goo.gl/ZZ7Yoehp4pht2AVY8

ALL ITEMS IN THE SCOPE OF WORK FOR THIS PROJECT SHALL BE COMPLETED BY

SEPTEMBER 21, 2026

Quotations must be submitted on the Form of Quotation, along with all attachments, as required in the

Contract Documents and Specifications.

Hard copies of quotations must be delivered to:

Colville Indian Housing Authority

P.O. Box 528

42 Convalescent Center Boulevard, Nespelem,

Washington 99155

Or Fax copies: FAX # (509) 634-2335

Or Electronic copies: E-mail: toria.jackson.hsg@colvilletribes.com

CIHA reserves the right to reject any and all proposals 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 several rating factors used for small purchase methods of procurement, as

spelled out in 2 CFR 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 10% 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 Subcontractors must provide proof of liability

insurance and auto insurance. They must provide Washington State Industrial Insurance or equivalent if the

Contractor or Subcontractor plans to hire employees. Any entities submitting a proposal must also submit

a signed copy of the Statement on Indian Preference.

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 Darren Stanger

at (509) 634-2289 or e-mail: darren.stanger.hsg@colvilletribes.com

Scope of Work and Provisions to The Contract

FY26-46 HAF Preventative Displacement Repairs

1 Peone Lane Inchelium, WA 99140

One Single Family Home Located at: 1 Peone Lane Inchelium, WA

Furnish Labor and Materials to:

1. Demo existing materials scheduled to be replaced with new per Scope of Work.

2. Install new electrical panel breakers, switches, outlets, covers, light fixtures.

3. Install new HVAC furnace, thermostat, duct cleaning

4. 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 costs

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.

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

E. 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.

F. 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.

G. 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.

H. 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.

I. 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.

J. All electrical work shall be performed by a licensed electrician, and a Washington

State L&I Electrical Permit shall be issued.

K. All required permitting for this project will be required to be inspected and approved

by the governing entity before the project is considered complete.

L. All plumbing shall meet all current and applicable IRC codes.

M. Contractor shall pressure test all plumbing for leaks with CCT Building Inspector present.

The Contractor will furnish all manpower, tools, scaffolding, vehicles, safety equipment and

materials as required by TOSHA, or other equipment necessary to complete the Scope of Work

in a professional and workman like manner.

FY26-26: START OF SCHEDULE OF REQUIREMENTS

The schedule of completion shall not exceed 14 consecutive calendar days.

FY26-46: END OF SCHEDULE REQUIREMENTS

FY26-46: START OF SCOPE OF WORK

Furnish Labor and Materials to:

1. Demo:

a. This portion is to remove all remaining materials that are scheduled to be replaced

with new materials as outlined in the Scope of Work.

b. Any materials still on-site when the project starts will be the awarded contractor’s

responsibility for disposal.

2. Install new electrical panel, breakers, switches, outlets, covers, light fixtures.

a. Electrical Panel: Remove existing main electrical service panel and install new “Square D”

Homeline, 200 Amp, electrical panel with cover (or approved equivalent) sized appropriately

for the home’s electrical load.

b. Electrical Breakers: Install new AFCI/GFCI combo breakers to comply project with current

NEC codes, “Square D” breakers (or approved equivalent) of the correct size and type for

each circuit, and shall carefully handle all existing branch-circuit wiring during panel

removal and reconnection to prevent damage.

c. Switches, Outlets and Covers: Remove and dispose of all existing switches, outlets and

covers. Install new brown color switches, outlets and covers.

d. Furnish and install new 1-gang duplex, weatherproof outlet cover and new “Leviton” 20

Amp, weather resistant GFCI Outlet.

e. The Contractor shall obtain all required electrical permits, coordinate all inspections

with the authority having jurisdiction, and ensure that all work passes final inspection.

f. All work shall be completed in accordance with current and applicable NEC

requirements, including proper grounding, bonding, and installation of devices suitable

for kitchen / exterior locations.

g. Light Fixtures: Remove and dispose of all existing interior/exterior light fixtures. Install

new light fixtures to all current NEC codes. Install new fixtures in locations where light

fixtures were previously removed.

h. Light Fixture Schedule:

1. Kitchen: Two (2) “Hampton Bay” Model # HB1023C5CCT-35, 12 in., Flaxmere

Modern Brushed Nickel 5 CCT Integrated LED Flush Mount (or approved equal)

2. Bathroom: One (1) “Bell Air lighting” Model # LED-22464BN5CCT, Miles 24 in.

Integrated LED Brushed Nickel Bathroom Vanity Light Fixture with Rectangular

Acrylic Shade and 5CCT (or approved equal)

3. Bathroom: One (1) “ETI Lighting” Model # 54436241, 12 in. Round LED Flush

Mount Ceiling Light 1000 Lumens Bathroom Lighting (or approved equal)

4. Hallway: One (1) “Hampton Bay” Model # HB1023C5CCT-35, 12 in., Flaxmere

Modern Brushed Nickel 5 CCT Integrated LED Flush Mount (or approved equal)

5. Dining room: One (1) “Hampton Bay” Model # HB1023C5CCT-35, 12 in.,

Flaxmere Modern Brushed Nickel 5 CCT Integrated LED Flush Mount (or approved

equal)

6. Exterior: Two (2) “Hampton Bay” Model # W2220-11 Kempster 9 in. Modern 1Light Matte Black Outdoor Wall Light Sconce (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.

All circuits altered to complete electrical work must be AFCI/GFCI protected.

All electrical work must be performed by a Washington State-licensed electrician.

3. HVAC – Furnace Removal & Disposal

HVAC Sizing Requirement:

Contractor shall verify proper BTU capacity and confirm the correct tonnage required

for the home The selected equipment shall meet or exceed the calculated heating load

for the structure. Documentation of the load calculation shall be submitted to CIHA for

approval prior to ordering equipment.

a. Remove the existing HVAC unit and all associated components not intended for reuse.

Reuse the existing duct system where feasible and code compliant.

b. Install a new Winchester 2-3.5 Ton Mobile Home Electric Furnace with ECM Blower

Motor Unit, or (approved equivalent). Install new furnace/air handler in the same

location as the existing unit.

c. Install a Honeywell Home 7‑Day Programmable Thermostat with Touchscreen Display,

installed per manufacturer specifications.

d. Install new supply and return ducting as required, including all necessary drive cleats, “S”

cleats, and fasteners to properly connect the new unit to the existing duct system.

e. Inspect supply plenum/base box, ensuring all joints are sealed and mechanically fastened

per code. Install all electrical components required for proper operation, including wiring,

disconnects, and controls.

f. All wiring shall be installed in accordance with current NEC requirements and properly

protected during installation.

g. Clean and sanitize all registers, supply line, furnace closet prior to system startup.

Furnish and install new HVAC air filters appropriate for the system and ensure they are

properly seated at startup. Install new registers as needed if damaged or missing.

h. Test the system for proper operation. All work shall comply with current applicable

building codes.

4. Clean up and Dispose of materials:

a. Clean areas of the home affected by repairs and construction to be move-in-ready.

b. Contractor shall perform daily cleaning of all construction dust, debris, and discarded

materials to maintain a safe and orderly worksite. Remove construction dust and debris daily

and prevent the accumulation of materials throughout the duration of the project.

c. Dispose of all debris generated by repairs and construction per the approved CCT Solid Waste

Disposal Plan.

FY26-46: END OF SCOPE OF WORK

Submittal Requirements:

Submittals for products as specified above can be in the form of a product sample or a

signed quote for materials, or an invoice (if all manufacturer's 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.

● The 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.

●

1 Peone Lane Inchelium, WA

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: FY26-46 HAF Preventative Displacement Repairs

1 Peone Lane 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. :

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.

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.

Non collusive affidavit

Statement on Indian Preference

Certifications and Representations of Offerors

Indian Enterprise Qualifications Statement (MUST be included or on file with CIHA for

Indian Preference points)

NOTE:

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

DATE __________________________

__________________________

FIRM NAME

OFFICIAL ADDRESS:

__________________________

_______________________________

__________________________

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:

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.

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.

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.

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

Certificate of Independent Price Determination

Contingent Fee Representation and Agreement

Certification and Disclosure Regarding Payments

to Influence Certain Federal Transactions

Organizational Conflicts of Interest Certification

Bidder's Certification of Eligibility

Minimum Bid Acceptance Period

Small, Minority, Women-Owned Business Concern

Representation

Indian-Owned Economic Enterprise and Indian

Organization Representation

Certification of Eligibility Under the Davis-Bacon Act

10. Certification of Nonsegregated Facilities

11. Clean Air and Water Certification

12. Previous Participation Certificate

13. Bidder's Signature

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.

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.

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.

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.

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.

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.

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

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.

[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.

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.

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

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.

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).

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.

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,

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:

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)

SAMPLE

CONTRACT BETWEEN COLVILLE INDIAN HOUSING AUTHORITY AND

CONTRACTOR

FOR HOMEOWNER ASSISTANCE FUND PREVENTIVE DISPLACEMENT REPAIRS

(Federal Funds)

THIS CONTRACT is entered into on the land of the Confederated Tribes of the Colville Indian

Reservation (“Tribe”) on this

_____ day of_____________, 2025, by and between the Colville Indian

Housing Authority (CIHA), and [Contractor name] (“Contractor”), hereinafter collectively called the

“Parties.”

The CIHA and Contractor agree as set forth below:

Article 1.

Scope of Work and Project Performance.

1.1. The Scope of Work for this Contract is to provide construction work as described more

particularly in Exhibit A to this Contract (the “Project”).

1.2. Contractor shall execute the entire Work described in the “Contract Documents,” which are

comprised solely of this Contract and all attachments and exhibits hereto and fully incorporated herein by

reference, except to the extent specifically indicated in the Contract Documents to be the responsibility of

others (provided that if any terms of this Contract conflict with the attachments to this Contract, the terms

of this Contract shall govern). The term “Work” means the construction and services required by the

Contract Documents, and includes all labor, materials, equipment, and services provided to or to be

provided by the Contractor to fulfill Contractor's obligations under this Contract. This Contract and all

attachments and exhibits hereto are referred to as the “Contract Documents.” The Contract Documents

include the following exhibits and attachments:

1.2.1.

Exhibit A Scope of Work and Provisions to the Contract

1.2.2.

Exhibit A Scope of Work

1.2.3.

Exhibit A Form of Quote

1.2.4.

Exhibit A Non-Collusion Affidavit

1.2.5.

Exhibit A Statement Regarding Indian Preference

1.2.6.

Exhibit A HUD Form 5369-A

1.2.7.

Exhibit A Solid Waste Disposal Form

1.2.8.

Exhibit A SAM Required Contract & Solicitation Language

1.2.9.

Exhibit A Davis Bacon Wage General Decision

1.2.10.

Exhibit A Indian Enterprise Qualification Statement

1.2.11.

Exhibit A TERO Compliance & Utilization Plan

1.3. A Contracting Officer shall be appointed by the CIHA to monitor the performance of the Contract

and to communicate with the Contractor on behalf of the CIHA regarding all aspects of the Contract and

any Work arising thereunder.

1.4. CIHA hereby gives and grants to the Contractor the right to enter into and upon the lands located

in those areas identified in Exhibit A and to perform work on such lands during the term of this Contract

for the purposes of fulfilling the obligations set forth herein. CIHA reserves the sovereign right to restrict

Contractor's access to certain roads or rights-of-way when, in the CIHA's sole discretion, continued use of

such roads or rights-of-way would cause them unreasonable damage or for other good cause.

Colville Indian Housing Authority

Small Purchase Construction Contract—Federal Funds

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1.5. Contractor shall procure and pay for all licenses, permits, approvals, certificates, and

authorizations necessary to the prosecution and completion of the Work and deliver evidence of same to

CIHA unless otherwise noted. Contractor shall promptly notify the Contracting Officer and the respective

departments or official bodies when its Work is ready for inspection and shall, at once, do all work

required to remove any violations or to comply with such inspections, without additional charge to CIHA.

1.6. Progressive cleanup and disposal off the Work site of Contractor's waste materials is to be

performed by Contractor. If the Contractor fails to perform cleanup of its Work within twenty-four (24)

hours of notification by the Contracting Officer, CIHA shall proceed to have the cleanup performed for

Contractor and the cost for doing so will be assessed against the Contractor and deducted from the amount

to be paid to the Contractor for the Work.

1.7. The Contractor shall be responsible for coordinating his/her/their work with that of other trades, if

applicable. In the event that the completed work of any trade has to be removed, replaced, or modified due

to the Contractor's negligence in completing his work within a reasonably scheduled period, or due to lack

of coordination on the part of the Contractor, the cost of removing, replacing, and modifying such work

will be assessed against the Contractor and deducted from the amount to be paid to the Contractor for the

Work.

1.8. Contractor shall at all times during the progress of the Work have an authorized representative of

its company at the Work site who can receive orders and has full authority to make decisions regarding the

Work to be performed hereunder and who has complete responsibility for the Work insofar as this

Contract is concerned. The Contractor shall provide the name and emergency or home telephone number

of the corporate or company officer, general superintendent, and the project superintendent or foreman.

1.9. Contractor shall perform the Work under the general direction and oversight of CIHA, and shall

comply with any instructions given by the Contracting Officer. Contractor shall perform the Work in a

good and workmanlike manner, consistent with the highest standard of the industry, and in strict

accordance with the Contract Documents and all applicable building codes and regulations. All

construction and/or remodeling shall conform to the acceptable standards of safety and habitability, such

standards to be equal to or more stringent than those established under the State Building Code as codified

in Title 19, Chapter 27, Section 31 of the Washington Administrative Code as may be amended from time

to time, or the International Building Codes, whichever is more stringent. Such requirements shall be

included in all subcontracts, at every tier. CIHA reserves the right to waive any provision of the

applicable building codes as stated in the General Conditions of the Contract for Construction.

1.10.

Reports shall be submitted daily to the Contracting Officer, no later than 9:00 a.m. the

following day indicating the number of personnel working on the Work site the previous day along with a

description of activities and equipment used in the conduct of the Work. Contracting Officer may waive

this requirement at his or her sole discretion.

1.11.

Contractor shall prosecute the Work in a prompt and diligent manner with adequate

manpower whenever such Work, or any part of it, becomes available or at such other times as CIHA may

direct, and so as to promote the general and uninterrupted progress of the Project. Contractor shall

cooperate with related work and shall not interfere in any manner with the work of CIHA or other

contractors or subcontractors. If Contractor fails to initiate or complete any portion of the Work by the

time specified in the Contract Documents, or if it becomes apparent to CIHA that the Work will not be

completed in a timely fashion, and if such failure is due in whole or in part to any fault of Contractor, then

CIHA may, in addition and without any prejudice to any other remedies it may have pursuant to other

portions of this Contract or applicable law, require Contractor to take all steps necessary to perform the

Work in a timely manner and consistent with the required quality of the Work, including but not limited to

increasing or supplementing the working force and equipment and to performing the Work on an overtime

or multiple shift basis. Any premium for such overtime or additional shifts, the cost of employing

additional workers and equipment, together with any additional costs thereby incurred, shall be at

Colville Indian Housing Authority

Small Purchase Construction Contract—Federal Funds

Page 2 of 25

Contractor's sole expense. Contractor shall furnish all submittals required by the Contract Documents or

requested by CIHA in a prompt and timely fashion so as to expedite the progress of the Work. All traffic

control of Contractor's own operations including that of his suppliers is included in the Contract Price.

This includes flagmen, barricades, permits, etc., as may be required by any legal agency having

jurisdiction over the Work.

1.12.

If any portion of the Work depends upon prior performance of any other activities of

CIHA, other contractors or subcontractors, or any other person or entity involved in the construction of the

Project, then commencement by Contractor of that portion of the Work shall be deemed an acceptance by

Contractor of the adequacy and completeness of such other activities.

1.13.

Contractor shall fully protect all portions of the Work, including all materials and

equipment to be furnished in connection with the Work, until the Work is fully completed and accepted by

CIHA. Until that final acceptance, all risk of loss with respect to the Work shall remain with the

Contractor. Contractor will make good or replace, at no expense to CIHA, any damage to the Work which

occurs prior to that final acceptance. Contractor shall take necessary precautions to protect the activities of

CIHA, other contractors and subcontractors, and other persons and entities involved in the construction of

the Project, from damages caused by performance of the Work or other operations of Contractor.

1.14.

No materials, equipment, or other articles of personal property purchased by Contractor or

any subcontractor for incorporation into the Work shall be purchased or installed under any Contract

where the seller reserves or purports to reserve title or the right of removal or repossession, or the right to

consider those items personal property after their incorporation into the Work, unless specifically

authorized in advance by CIHA in writing.

1.15.

Notice to Proceed. The Contracting Officer shall issue a Notice to Proceed within fifteen

(15) days of the date this Contract is executed, and Contractor shall commence the Work within seven (7)

days of receiving the Notice to Proceed unless otherwise specified in writing by the Contracting Officer.

A copy of the signed Notice to Proceed shall be sent to the U.S. Department of Labor (DOL) when issued

in connection with any federally-funded construction contract in excess of $10,000.00.

1.16.

Inspection. The Contracting Officer or any delegate of his shall have the right to enter the

Work site at any reasonable time to inspect the Work. If the Contracting Officer determines that any

portion of the Work does not conform to the Contract Documents, or otherwise departs from the

requirements of this Contract, the Contracting Officer may require Contractor—at Contractor's sole

expense—to immediately correct the Work. In such event, Contractor will correct the Work to the

Contracting Officer's satisfaction. However, nothing in this clause or this Contract shall require

Contracting Officer to conduct such inspections or to point out any necessary corrections, and no default

of Contractor shall be waived by any inspection by the Contracting Officer or by Contracting Officer's

failure to point out any non-conforming work. In no event will any inspection be deemed to be a

representation by CIHA that there has been or will be compliance with the Contract Documents or that the

Work is free of defective materials or workmanship.

1.17.

Changes.

1.17.1.

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.

1.17.2.

If any such change causes an increase or decrease in the hourly rate, the not-toexceed 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.

Colville Indian Housing Authority

Small Purchase Construction Contract—Federal Funds

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1.17.3.

Contractor must assert its right to an equitable adjustment under this clause within

ten (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.

1.17.4.

Failure to agree to any adjustment shall be a dispute under the disputes clause,

herein. However, nothing in this clause shall excuse the Contractor from proceeding with the Contract as

changed. 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.

Article 2.

Time of Completion.

2.1. The Work to be performed under this Contract shall begin on or before _____________ and shall

be substantially completed on or before ___________________________. Time is of the essence.

“Substantial Completion” means that the CIHA has, in its sole discretion, found the Work to be accessible,

operable, and useable by the CIHA, subject only to minor corrective work.

2.2. CIHA's Contracting Officer shall meet periodically with the Contractor to discuss the Contractor's

progress in fulfilling Contractor's obligations under this Contract and to determine whether the Contractor

is on schedule for completion of the Work.

2.3. If Contractor knows or has reason to believe that the Work will be delayed or other serious

problems may interfere with the Substantial Completion of the Work under the terms of this Contract, the

Contractor must notify the CIHA and contact the CIHA's legal counsel to prepare a notice to the bonding

company thereof.

Article 3.

Fixed Maximum Price.

3.1. The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to

exceed [written dollar amount] ($________________.00), subject to additions and deductions pursuant to

any authorized written change orders as provided in the Contract Documents. Such maximum sum is

referred to in the Contract Documents as the Fixed Maximum Price. Costs that would cause the Fixed

Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the CIHA,

unless Contractor receives CIHA’s prior, written approval for such costs.

3.2. The term “Cost of the Work” shall mean costs necessarily incurred by the Contractor in the proper

performance of the Work, including payments made by Contractor to subcontractors in accordance with

the requirements of the subcontracts.

Article 4.

Progress Payments.

4.1. The Contractor shall submit to CIHA an Application for Payments for every calendar month

ending on the last day of each month. Each Application for Payment shall be based upon the Schedule of

Values attached to this Contract as Exhibit B. The Schedule of Values shall be prepared in such form and

be supported by such data to substantiate its accuracy as CIHA may require.

4.2. Each monthly application for payment shall indicate the percent completed of the items stated on

the Schedule of Values. Payment shall be made only after the CIHA's Contracting Officer certifies the

Application for Payment. Partial payment under this section shall not waive any rights that the CIHA may

have against Contractor with respect to any defect or failure of the Contractor to complete any aspect of

the work according to the Contract Documents or in a workman-like fashion. Payment shall be made

within twenty (20) days of the certification by the CIHA's Contracting Officer.

4.3. The amount of each progress payment shall be computed as follows:

4.3.1.

Take that portion of the Fixed Maximum Price properly allocable to completed

work as determined by multiplying the share of the Fixed Maximum Price allocated to that portion of the

work as set out in Exhibit B. Payment made for each item from Exhibit B shall be inclusive of all licenses,

permits, approvals, certificates, materials, labor costs, and authorizations necessary to the prosecution. If

Colville Indian Housing Authority

Small Purchase Construction Contract—Federal Funds

Page 4 of 25

requested by the CIHA, Contractor shall provide an itemized list of all expenditures attributed to the item

or items from Exhibit B for which payment is requested.

4.3.2.

Deduct from the amount computed as owing under this section the retainage of

ten percent (10%). Said retainage will be paid over to Contractor upon completion of the Work under this

Contract and acceptance of the Work by the CIHA and compliance with the requirements of Article 5.

4.3.3.

Notwithstanding any other provision of this Contract the aggregate of all

payments made to Contractor shall not exceed the amount set out in Article 3 above. Should work remain

to be done after the payment of all funds under Article 3, Contractor without further payment shall

complete all remaining work. Cost over runs shall be the responsibility of the Contractor.

4.4. Contractor shall furnish CIHA releases or waivers of liens including materialman's liens and wage

liens for all work performed or materials provided along with the Applications for Payment. No partial or

full payment shall be made unless the CIHA is satisfied that all wages and material costs have been paid

by the Contractor.

4.5. Payments, including the Final Payment, may be withheld by CIHA for reasons including, but not

limited to: (i) defective Work not remedied, (ii) claims filed by third parties, (iii) failure of the Contractor

to make payments properly to subcontractors or for labor, materials or equipment, (iv) reasonable evidence

that the Work cannot be completed for the unpaid balance of the Fixed Maximum Price, (v) damage to the

CIHA or another contractor, (vi) reasonable evidence that the Work cannot be completed within the

Contract Time and that the unpaid balance of the Fixed Maximum Price would not be adequate to cover

actual or liquidated damages for the anticipated delay, (vii) persistent failure to carry out the Work in

accordance with the Contract Documents, and/or (viii) failure to comply with applicable regulations, laws,

and standards, including but not limited to workplace safety, wage and hour provisions, health and safety

requirements, and/or environmental laws.

4.6. No payment made to Contractor pursuant to the terms of this Contract, including the Final

Payment, shall be construed as acceptance of any work or materials not in accordance with the Contract

Documents.

4.7. Contractor shall not be entitled to any interest on any amount found to be due and owing under

this Contract, but shall, at most, only be entitled to the amount specified in Article 3.

Article 5.

Final Payment.

5.1. Contractor shall submit an application for Final Payment, constituting the entire unpaid balance of

the Contract, along with the certificate demonstrating that the Work is complete and this Contract fully

performed. The Final Payment shall be made by CIHA to Contractor within thirty (30) days after CIHA's

Authorized Representative has approved the application for Final Payment.

5.2. CIHA is not required to make Final Payment to Contractor until all of the following conditions

are satisfied: (i) the Work has been fully performed in conformance with the Contract Documents and the

Work has been accepted by CIHA as complete; (ii) Contractor submits evidence satisfactory to CIHA that

all payrolls, bills for materials and equipment, and other indebtedness connected to the Work have been

paid in full; (iii) Contractor has submitted releases of any and all liens or claims against CIHA arising

from this Contract to CIHA, in a form satisfactory to CIHA; (iv) any surety has consented to the Final

Payment; (v) Contractor is not in default of any provision of this Contract; (vi) none of the grounds for

withholding payment set out in Section 4.5 above are present. Provided, however, that Final Payment by

CIHA does not indicate CIHA's representation that these conditions have been satisfied, nor does Final

Payment by CIHA waive CIHA's right to assert, at some future point, that one or more of these conditions

has not been met if CIHA discovers such non-compliance after making Final Payment.

Article 6.

EQUIPMENT.

Colville Indian Housing Authority

Small Purchase Construction Contract—Federal Funds

Page 5 of 25

6.1. Unless otherwise agreed upon by the Parties, Contractor and all subcontractors shall provide all

supervision, labor, materials, tools, equipment, and other items necessary for carrying out the Work under

this Contract. Contractor and all subcontractors shall ensure that all such equipment remains in good

repair and working order.

Article 7.

INDEMNITY.

7.1. Contractor shall indemnify CIHA against and hold CIHA harmless from any and all claims,

actions, damages, costs, expenses (including reasonable attorneys' fees), obligations, liabilities and liens

(including any of the foregoing arising or imposed under the doctrines of “strict liability” or “product

liability” and including, without limitation, the cost of any fines, remedial action, damage to the

environment and cleanup and the fees and costs of consultants and experts), arising out of the services

provided by Contractor pursuant to this Contract, or for any other activities of Contractor or Contractors'

officers, agents, or employees, excluding, however, any of the foregoing resulting from the sole negligence

or willful misconduct of CIHA. Contractor agrees that upon written notice by CIHA of the assertion of

such a claim, action, damage, obligation, liability or lien, Contractor shall assume full responsibility for

the defense thereof. Contractor's choice of counsel shall be mutually acceptable to both CIHA and

Contractor. Contractor waives, as respects to CIHA only, any immunity that would otherwise be available

against such claims under the Industrial Insurance provisions of Title 51 of the Revised Code of

Washington as well as any similar coverage required for this work by applicable federal or other state's

state law.

Article 8.

ASSIGNMENT AND DELEGATION.

8.1. Neither party may assign this Contract or any interest in this Contract without the express prior

written consent of the other party, which consent shall not be unreasonably withheld.

8.2. Notwithstanding Section 8.1, CIHA may assign its rights under this Contract without Contractor's

consent to an affiliate of CIHA or to the Tribe in the event of a merger, reorganization, or consolidation as

a result of which CIHA is not a surviving legal entity. In the event of any such assignment by either Party,

that Party's assignee shall have all the rights, powers, privileges, remedies, and obligations of the assigning

party set forth in this Contract.

8.3. This Contract shall be binding upon and inure to the benefit of CIHA and Contractor and their

respective permitted successors and assigns.

8.4. The Parties hereby agree that all or part of the Work to be performed pursuant to this Contract may

not be delegated to a subcontractor or any other third party unless first authorized by the CIHA. CIHA

may attach any reasonable conditions or limitations to the employment of any such subcontractor or third

party.

Article 9.

REPRESENTATIONS AND WARRANTIES.

9.1. Each party hereby represents and warrants to the other party that: (i) all action on the part of such

party necessary for the execution, delivery, and performance of this Contract by such party has been taken,

(ii) this Contract is a legal, valid and binding obligation of such party, subject to laws of general

application relating to bankruptcy, insolvency and the relief of debtors and rules of law governing specific

performance, injunctive relief, or other equitable remedies and (iii) the execution and delivery of, and the

performance of the obligations under, this Contract by such party does not and will not contravene or

result in any breach of any law or of any regulation, order, writ, injunction or decree of any court, tribunal,

governmental body, authority, agency, or instrumentality, nor do or will such execution, delivery or

performance violate, conflict with or result in (or with notice or lapse of time or both result in) a breach of

or a default under any term or provision of any Contract, oral or written, to which such party is a party or

is bound.

9.2. Contractor warrants that Contractor has the necessary qualifications to perform the Work under

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this Contract. Contractor warrants that it has sufficient experience and competence to perform the Work

and that all Work shall be completed in a professional and workmanship like manner and in compliance

with industry standards, the Tribe’s codes, standards and laws, American Public Works Association

engineering standards/codes and other applicable laws. Contractor shall indemnify and hold CIHA

harmless from any and all costs, liabilities, or obligations by reason of the failure of Contractor or his or

her employees, agents, subcontractors or assigns to comply with any applicable law.

9.3. Contractor represents and warrants to CIHA that (i) Contractor is financially solvent, able to pay

all debts as they mature and possesses sufficient working capital to complete the Work and perform all

obligations under this Contract, (ii) Contractor is able to furnish the plan, tools, materials, supplies,

equipment and labor required to complete the Work, (iii) Contractor is authorized to do business for the

Tribe and also in the State of Washington and is properly licensed by all necessary governmental and

public authorities having jurisdiction over the Contractor, and the Work.

9.4. Contractor warrants that Contractor shall (i) confine all operations (including storage of materials)

on the CIHA premises to areas authorized or approved by the Contracting Officer; (ii) at all times keep the

Work areas, including storage areas, free from accumulations of waste materials; (iii) lay out the Work

from base lines and benchmarks indicated on the drawings and be responsible for all lines, levels, and

measurements of all Work executed under this Contract; (iv) directly superintend the Work performed

under this Contract; (v) be responsible for all damages to persons or property that occur as a result of

Contractor's fault or negligence; (vi) after completing the Work (A) remove from the premises all

scaffolding equipment, tools, and materials that are not property of CIHA and all rubbish caused by

Contractor's Work, (B) leave the area in a clean, neat and orderly conduction, and (C) perform all specified

tests, if any.

Article 10.

TERMINATION.

10.1.

Termination for Cause. Either party may terminate this Contract for cause upon written

notice provided to the other party specifying the cause of said termination. “For cause” means a breach of

or default under any material provision of this Contract. Failure to terminate for one instance of breach or

default shall not be deemed a waiver of the right to terminate for a subsequent occurrence of the same or

another breach or default. The failure by Contractor to perform any of its obligations hereunder, which

failure continues uncured for a period of seven (7) days following CIHA's written notice to Contractor

thereof, shall constitute an “Event of Default by Contractor” under this Contract. After any Event of

Default by Contractor, Contractor shall reimburse CIHA for all reasonable costs and expenses (including

attorneys' fees) of enforcement of CIHA's rights and remedies under this Section.

10.2.

Termination for Convenience by CIHA. Notwithstanding any other provision of this

Contract, CIHA may terminate this Contract in whole or in part when it determines that continuing the

Contract is no longer in the best interest of CIHA. Such termination will be effected by the delivery of

written notice to the Contractor of a Notice of Termination, which shall specify the effective date of the

termination. If CIHA terminates for convenience under this clause, CIHA shall pay to Contractor all

reasonable and proper payment for services adequately performed up to the date of the termination.

Contractor shall submit an invoice to CIHA in writing with appropriate documentation.

10.3.

Remedies for Violation or Breach. In part because of federal regulations (2 C.F.R. 200),

this Contract has administrative, contractual, or legal remedies for instances where the Contractor violates

or breaches the terms of this Contract, and provides for such sanctions and penalties as may be

appropriate.

Article 11.

NO GENERAL WAIVER OF SOVEREIGN IMMUNITY.

11.1.

CIHA enters into this Contract pursuant to its governmental authority and nothing herein

shall be deemed to be a general waiver of CIHA's or the Tribe's sovereign immunity, which immunity is

hereby expressly asserted. This Contract has been entered into within the jurisdiction of the Tribe and is

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subject to the laws of the Tribe.

Article 12.

APPLICABLE LAW.

12.1.

Contractor and all subcontractors shall comply with all applicable laws, ordinances, rules,

regulations, and lawful orders of the Tribe, CIHA, and the United States governing performance of the

Work. This Contract is subject to applicable governing law, which includes, but is not limited to: Indian

or tribal preference laws as described in Section 12.2 herein.

12.2.

INDIAN OR TRIBAL PREFERENCE.

12.2.1.

of the Tribe, if any.

Contractor shall comply with the Tribal employment and contracting preferences

12.2.2.

Indian Preference (Section 7(b)) Clause: If the Tribe does not have Tribal

employment and contracting preferences, and only until such time as the Tribe adopts such preferences

through law or regulation, the following Indian preference provisions shall apply. 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. 5307(b)) (the “Indian Act”). Section 7(b) requires that to the greatest

extent feasible: (i) Preferences and opportunities for training and employment shall be given to Indians;

and (ii) Preferences in the award of contracts and subcontracts shall be given to Indian organizations and

Indian-owned economic enterprises. Contractor shall comply with the provisions of section 7(b) of the

Indian Act. 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. Contractor shall

include this section 7(b) clause in every subcontract in connection with the project, and shall, at the

direction of CIHA, take appropriate action pursuant to the subcontract upon a finding by the CIHA or the

U.S. Department of Housing and Urban Development (HUD) that the subcontractor has violated the

section 7(b) clause of the Indian Act.

12.3.

The applicable provisions of the Native American Housing Assistance and SelfDetermination Act of 1996 (NAHASDA) and the regulations promulgated pursuant thereto.

12.4.

The laws, policies, and regulations of the Tribe and the CIHA.

12.5.

Such other federal law as may be applicable.

12.6.

In the absence of applicable Tribe law, then the Parties shall apply federal law and then

Washington State law as guidance for the Court in that order, provided that nothing in this Contract shall

be deemed to bring the CIHA or the Tribe under the jurisdiction of the State of Washington, its agencies,

or its courts.

Article 13.

INSURANCE.

13.1.

Contractor's Insurance. Contractor warrants that it is adequately insured for injury to its

employees and others incurring loss or injury as a result of the acts of Contractor, its employees, its agents,

or its subcontractors. Contractor agrees to keep in force during its acts under this Contract a

comprehensive ISO-compliant general liability insurance policy with a minimum limit of $1,000,000, and

minimum carrier rating of AM Best A-VII. If Contractor is providing professional services, Contractor

shall carry professional liability insurance in an amount appropriate for like professionals in the Seattle

metropolitan area. Contractor's policies shall be primary and non-contributory with any similar insurance

maintained by CIHA. Prior to beginning the work, Contractor shall provide a certificate of insurance to

CIHA demonstrating that Contractor has the insurance described. Contractor shall require insurer to notify

CIHA forty-five (45) days prior to cancellation of said policy. Unless waived in writing by CIHA,

Contractor shall name CIHA as an additional insured. Contractor shall also maintain in full force and

effect worker's compensation coverage for Contractor and its agents, employees, and staff that the

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Contractor may employ, and provide proof to CIHA of such coverage; or proof that such worker's

compensation insurance is not required under the circumstances. Contractor shall purchase from and

maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the

services are performed the types of insurance policies and in the following amounts, which shall cover the

Work and related activities of Contractor and any subcontractor, and such policies shall name CIHA as an

additional insured:

(i) General Liability Insurance - ________________ [$1,000,000 per occurrence unless

otherwise indicated]

(ii) Comprehensive Automobile Liability - ________________ [$1,000,000 per occurrence unless

otherwise indicated]

(iii) Worker's Compensation: As required by applicable law [or other amount as determined by

CIHA]

13.2.

Evidence of Insurance. Contractor shall, upon the request of CIHA, provide CIHA with

certificates of insurance or, if requested copies of actual policies, evidencing the insurance coverage

required by this Article 13, which shall state that a thirty (30)-day notice of cancellation or change will be

provided to CIHA during the period of coverage required under this Contract

13.3.

Maintenance of Insurance. Contractor shall pay all premiums for policies each is required

to carry under this Article 13 when due so as to avoid any lapse in coverage.

Article 14.

DISPUTE RESOLUTION.

14.1.

“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.

14.2.

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.

14.3.

The details and supporting documents of all claims by Contractor for additional

compensation, 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. All claims by CIHA against Contractor shall be made in writing and submitted to

Contractor within ten (10) calendar days from the date of the occurrence of the dispute.

14.4.

Presenting Claim. In presenting the claim and supporting documentation, Contractor shall

specifically include, to the extent then possible, the following:

14.4.1.

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.

14.4.2.

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

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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.

14.5.

All claims by Contractor shall be made in writing and submitted to the Contracting Officer

for a written decision.

14.6.

The Contracting Officer shall, within ____________ [60 unless otherwise indicated] days

after receipt of the request, decide the claim or notify Contractor of the date by which the decision will be

made.

14.7.

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.

14.8.

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.

14.9.

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.

14.10.

Contractor hereby acknowledges and irrevocably consents to the exclusive personal and

subject matter jurisdiction of the Confederated Tribes of the Colville Reservation 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.

Article 15.

MISCELLANEOUS

15.1.

Survival. The obligations set forth in Articles 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16,

and 17 hereof shall survive any termination of this Contract for any reason.

15.2.

Notices. Any notice, request, demand, statement, authorization, approval or consent

required or permitted under this Contract shall be in writing and shall be made by, and deemed duly given

upon, (i) deposit in the mail, postage prepaid, registered or certified, return receipt requested, (ii) personal

delivery, (iii) delivery to an overnight courier of recognized reputation, or (iv) facsimile transmission (with

confirmation by mail), as follows, or to such other address and/or such additional Parties as either party

may specify by written notice given in accordance with this section:

If to Contractor:

[contractor name]

[address]

Phone: Click or tap here to enter text.

Telefax:

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If to CIHA:

Colville Indian Housing Authority

42 Convalescent Boulevard

PO BOX 528

Nespelem, WA 99155

Attention: Contracting Officer

Phone:

Telefax: 509-634-2335

Attention: Contracting Officer

The CIHA Contracting Officer is: Dale R. Schrock Jr.

All such notices and communications hereunder shall be deemed given upon personal delivery,

seven (7) business days after deposit in the mail, two (2) business days following deposit with any

international courier service of recognized reputation, or one (1) business day after transmission by

telefax.

15.3.

Entire Contract. This Contract, including the Contract Documents, constitutes the entire

Contract between the Parties with respect to the subject matter covered by this Contract and supersedes all

previous discussions, negotiations, oral or written, representations, statements, arrangements, Contracts

and understandings, if any, by and between the Parties with respect to the subject matter covered by this

Contract other than those herein, and any such discussions, negotiations, oral or written, representations,

statements, arrangements, Contracts and understandings are hereby canceled and terminated in all respects.

This Contract may not be amended, changed, or modified except by a writing duly executed by the Parties

hereto or their duly authorized representatives. The Parties have made no representations or warranties not

expressly set forth in this Contract. If there are any documents attached to this Contract (including but not

limited to proposals, bids, specifications, etc.), to the extent that such documents are inconsistent with this

Contract, the terms of this Contract shall govern and shall supersede any inconsistent provisions in such

attachments.

15.4.

Severability. In the event any provision of this Contract or the application thereof to any

circumstance shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, it

shall be construed to be limited or reduced so as to be enforceable to the maximum extent allowed by

applicable law as it shall then be in force, and if such construction shall not be feasible, then such

provision shall be deemed to be deleted herefrom in any action before that court, and all other provisions

of this Contract shall remain in full force and effect.

15.5.

Remedies. All rights and remedies of the Parties are separate and cumulative, and no one

of them, whether exercised or not, shall be deemed to be to the exclusion of or to limit or prejudice any

other legal or equitable rights or remedies which the Parties may have. The Parties shall not be deemed to

waive any of their rights or remedies under this Contract unless such waiver is in writing and signed by the

party to be bound. No delay or omission on the part of either party in exercising any right or remedy shall

operate as a waiver of such right or remedy or any other right or remedy unless and only to the extent

expressly provided otherwise in this Contract. A waiver on any one occasion shall not be construed as a

bar to or waiver of any right or remedy on any future occasion.

15.6.

Headings. The headings contained in this Contract are for convenience only and are not a

part of this Contract, and do not in any way interpret, limit, or amplify the scope, extent, or intent of this

Contract, or any of the provisions of this Contract.

15.7.

Counterparts. This Contract may be executed in counterparts, each of which shall

constitute an original, but which together shall constitute one and the same Contract.

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15.8.

Expenses. Except as otherwise expressly provided for in this Contract, each of the Parties

shall pay its own expenses in connection with the negotiation, preparation and execution of this Contract

or other related documents and the consummation of the transactions consummated herein and therein.

15.9.

Choice of Law and Forum. The rights and obligations of the Parties hereto shall be

construed and enforced in accordance with and governed by the internal laws and regulations of the Tribe.

Contractor hereby expressly and irrevocably consents to the exclusive jurisdiction of the Tribal Court of

the Tribe for the resolution of any disputes pertaining to or arising out of this Contract, consistent with

Article 14 of this Contract. Contractor hereby waives the right to object to such location on the basis of

venue or forum non conveniens.

15.10.

No Third-Party Beneficiaries. Neither this Contract nor any provision hereof, nor any

document or instrument executed or delivered pursuant hereto, shall be deemed to create any right in favor

of or impose any obligation upon any person or entity other than the Parties hereto and their respective

permitted successors and assigns, except for those provisions which recognize the rights of certain

agencies of the United States.

15.11.

Legal Advice and Construction of Contract. Each party represents that it has received

independent legal advice with respect to the preparation of, and the advisability of, entering into this

Contract and neither has been entitled to rely upon nor has in fact relied upon the legal or other advice of

the other party or such other party's counsel in entering into this Contract. Each party has participated in

the drafting and preparation of this Contract, and, accordingly, in any construction or interpretation of this

Contract, the same shall not be construed against either party by reason of the source of drafting.

15.12.

Parties' Understanding. Each party represents that it has carefully read this Contract, that

this Contract has been fully explained to it by its attorney, that it fully understands the final and binding

effect of this Contract, that the only promises made to it to sign this Contract are those stated above, and

that it is signing this Contract voluntarily.

15.13.

Force Majeure. No party hereto shall be deemed in default if its performance of

obligations hereunder is delayed or becomes impossible or impractical by reason of any act of God, war,

fire, earthquake, strike, civil commotion, epidemic or any other cause beyond such party's reasonable

control.

15.14.

Limitation of Damages. Except as expressly set forth herein, in any action or proceeding

arising out of, relating to or concerning this Contract, including, without limitation, any claim of breach of

contract, CIHA's liability shall be limited to compensatory damages proximately caused by such breach

and CIHA shall not, under any circumstances, be liable to Contractor for consequential, incidental, indirect

or special damages, including but not limited to lost profits or income, even if such party has been

apprised of the likelihood of such damages occurring.

15.15.

Use of Debarred, Suspended or Ineligible Subcontractors. Contractor will comply with

the prohibitions set out in 2 C.F.R. Parts 180 and 200, 24 C.F.R. Part 24, Executive Order 12549, and 7

C.F.R. 3016.35, as well as any Tribal requirements, with regard to the use of debarred, suspended, or

ineligible subcontractors. Contractor certifies, by signing the Agreement, that neither it nor its principals

are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded

from participation in this transaction by any Federal department or agency. Contractor will not contract

with any subcontractor or consultant for this project if it or its principals is presently debarred, suspended,

proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction

by any Federal department or agency. Necessary certification forms shall be provided by the CIHA.

15.16.

Drug-Free Workplace. Contractor will comply with the Drug-Free Workplace Act of

1988, HUD's implementing regulations at 24 C.F.R. Part 24, and any tribal requirements as set out in 24

C.F.R. 1000.46.

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15.17.

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, and as supplemented in DOL regulations (41 C.F.R. chapter 60), to the maximum extent

consistent with, but not in derogation of, compliance with the Indian preference requirements set out in

Section 12.2, above. Contractor agrees to comply with and shall include the following Equal Employment

Opportunity language in all contracts and subcontracts as required by 41 C.F.R. 60-1.4(b). During the

performance of this Contract, the Contractor agrees as follows:

15.17.1.

The Contractor will not discriminate against any employee or applicant for

employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

The Contractor will take affirmative action to ensure that applicants are employed, and that employees are

treated during employment without regard to their race, color, religion, sex, sexual orientation, gender

identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;

layoff or termination; rates of pay or other forms of compensation; and selection for

training, including apprenticeship. The Contractor agrees to post in conspicuous places,

available to employees and applicants for employment, notices to be provided setting forth

the provisions of this nondiscrimination clause.

15.17.2.

The Contractor will, in all solicitations or advertisements for employees placed by

or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment

without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

15.17.3.

The Contractor will not discharge or in any other manner discriminate against any

employee or applicant for employment because such employee or applicant has inquired about, discussed,

or disclosed the compensation of the employee or applicant or another employee or applicant. This

provision shall not apply to instances in which an employee who has access to the compensation

information of other employees or applicants as a part of such employee's essential job functions discloses

the compensation of such other employees or applicants to individuals who do not otherwise have access

to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance

of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer,

or is consistent with the Contractor's legal duty to furnish information.

15.17.4.

The Contractor will send to each labor union or representative of workers with

which he has a collective bargaining agreement or other contract or understanding, a notice to be provided

advising the said labor union or workers' representatives of the Contractor's commitments under this

section, and shall post copies of the notice in conspicuous places available to employees and applicants for

employment.

15.17.5.

The Contractor will comply with all provisions of Executive Order 11246 of

September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

15.17.6.

The Contractor will furnish all information and reports required by Executive

Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or

pursuant thereto, and will permit access to his books, records, and accounts by the administering agency

and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,

regulations, and orders.

15.17.7.

In the event of the Contractor's noncompliance with the nondiscrimination clauses

of this contract or with any of the said rules, regulations, or orders, this contract may be canceled,

terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further

Government contracts or federally assisted construction contracts in accordance with procedures

authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed

and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,

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or order of the Secretary of Labor, or as otherwise provided by law.

15.17.8 The Contractor will include the portion of the sentence immediately preceding

paragraph 15.17.1 and the provisions of paragraphs 15.17.1 through 15.17.8 in every subcontract or

purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant

to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding

upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract

or purchase order as the administering agency may direct as a means of enforcing such provisions,

including sanctions for noncompliance:

Provided, however, that in the event a Contractor becomes involved in, or is threatened

with, litigation with a subcontractor or vendor as a result of such direction by the administering agency,

the Contractor may request the United States to enter into such litigation to protect the interests of the

United States.

15.18.

Independent Contractor. The Parties intend that each of them is and shall remain

independent contractors with respect to services and items being provided hereunder. The Contractor is

not an employee of CIHA, but an independent contractor. Contractor shall be free from the direction and

control of CIHA over the means and manner of performing work under this Contract, subject to the right

of the CIHA to specify the desired results. Accordingly, the Contractor responsible for paying all

employment taxes and related employment expenses and shall not receive any benefits that are paid to

CIHA employees. CIHA shall have no duty with respect to the Contractor other than to provide the Fixed

Maximum Price set out in Article 3 above, unless additional duties are expressly set out in this Contract.

This Contract is not intended to create a partnership or joint venture between the Parties, and nothing in

this Contract shall be construed as creating a relationship of employer and employee between the Parties.

No agent, employee or representative of any party shall be construed or deemed an agent, employee, or

representative of the other.

15.18.1.

Should it be determined by a judicial or administrative proceeding that the

Contractor is an employee of CIHA for any reason, the amounts payable under this Contract shall be

reduced by an amount equal to the total tax liability which may be determined. If payment has already

been made to the Contractor, then Contractor shall remit such amount due or arrange with CIHA to have

that amount withheld from future payments to Contactor. Any determination of employment status as

above shall be solely for the purposes of the particular tax in question and for all other purposes of this

Contract the Contractor shall not be considered an employee. Should a court determine that Contractor is

an employee for any other purposes, Contractor agrees to an offset of its payments otherwise due such that

CIHA's total financial liability shall be no greater than it would have been should that determination not

have been made.

15.19.

Ownership of Deliverables. Any and all reports, data, findings or other materials or

deliverables under this Contract shall become the property of and remain under the sole proprietorship of

CIHA. Material created by Contractor and paid for by CIHA shall be owned by CIHA, and shall be a

“work for hire” as defined by the United States Copyright Act of 1976. This material includes, but is not

limited to, plans, drawings, documents, computer programs, pamphlets, reports, studies, video production,

audio reproduction, surveys, and materials in any other medium. Contractor for itself and any artists

engaged by Contractor to perform work under this Contract, specifically waives any all rights granted

pursuant to the Visual Artists' Rights Act of 1990. Material that Contractor uses to perform the Contract

but is not created for or paid for by CIHA is not owned by CIHA, however, Contractor shall arrange for

CIHA to have a perpetual license to this material for CIHA's internal purposes at no charge to CIHA.

15.20.

Copyrights and Rights in Data. If this Contract is funded in whole or in part by funds

provided under NAHASDA, then HUD reserves an irrevocable, non-exclusive, and royalty-free license to

reproduce, publish, or otherwise use, for Federal government purposes only and to the extent otherwise

permitted by law, (i) the copyright in any work developed under a grant or subgrant, or contract under a

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grant or subgrant, and (ii) any rights of copyright to which a grantee, subgrantee, or Contractor purchases

Ownership with grant support.

15.21 Examination and Retention of Contractor’s Records.

15.20.1.

Contractor and all subcontractors shall maintain accurate records detailing the

costs which constitute the cost of the services provided, and shall make such records available to CIHA,

upon reasonable notice and at reasonable times, for audit, such audit to be at CIHA's expense. CIHA,

HUD, and the Comptroller General of the United States, and any of their duly authorized representatives,

shall, until three (3) years after Final Payment is made under this Contract, have access to and the right to

examine and audit any of the Contractor's directly pertinent books, documents, papers, or other records

involving transactions related to this Contract, for the purpose of making audit, examination, excerpts, and

transcriptions.

15.20.2.

The Contractor agrees to include in all subcontracts under this Contract at any tier

a clause substantially the same as subparagraph 15.21.1 above.

15.20.3.

The periods of access and examination in subparagraphs 15.21.1 and 15.21.2

above for records relating to (i) appeals under the disputes clause of this Contract, (ii) litigation or

settlement of claims arising from the performance of this Contract, or (iii) costs or expenses of this

Contract to which CIHA, HUD, or the Comptroller General or any of their duly authorized representatives

have taken exception shall continue until the disposition of such appeals, litigation, claims, or exceptions,

or until the end of the three year period in subparagraph 15.21.1, whichever is later.

15.21.

Environmental Laws. For contracts and subcontracts in amounts in excess of $150,000,

Contractor and all subcontractors shall comply with all applicable standards, orders, or requirements

issued under the Clean Air Act (42 U.S.C. 7401-7671q.), the Federal Water Pollution Control Act (33

U.S.C. 1251-1387), as amended, Executive Order 11738, and Environmental Protection Agency (EPA)

regulations (40 C.F.R. part 15). Contractor and all subcontractors and their employees shall not cause or

permit any hazardous substances to be brought upon, used, kept, or stored in or on the Work site without

the prior written consent of CIHA, which CIHA shall not unreasonably withhold as long as Contractor

demonstrates to CIHA’s reasonable satisfaction that such hazardous substances are necessary or useful to

Contractor in carrying out the Work under the Agreement and will be used, kept, and stored in a manner

comporting with this clause and applicable Tribal law. Contractor shall immediately notify CIHA of any

spill, release, or disposal of hazardous wastes and any order, notice of violation, fine, penalty, or other

similar action relating to hazardous wastes at or in connection with the Work site. Violations of this clause

must be reported to the relevant federal funding agency and the Regional Office of the EPA.

15.22.

Energy Efficiency. Contractor and all subcontractors shall comply with all applicable

mandatory standards and policies relating to energy efficiency which are contained in the state energy

conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89

Stat. 871).

15.23.

Restrictions on Lobbying. Contractor and all subcontractors shall comply with

Restrictions on Lobbying (Public Law 101-121, Section 319) as supplemented by applicable HUD

regulations. This Law applies to the recipients of contracts and subcontracts that exceed $100,000 at any

tier under a Federal loan that exceeds $150,000, or a Federal grant that exceeds $100,000. If applicable,

Contractor must complete a certification form on lobbying activities related to a specific Federal loan or

grant that is a funding source for this Contract. Each tier certifies to the tier above that it will not and has

not used Federal appropriated funds to pay any person or organization for influencing or attempting to

influence an officer or employee of any agency, a member of Congress, or an employee of a member of

Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31

U.S.C. 1352. Each tier shall disclose any lobbying with non-Federal funds that takes place in connection

with obtaining any Federal award. Certifications and disclosures are forwarded from tier to tier up to the

CIHA. Necessary certification and disclosure forms shall be provided by CIHA.

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15.24.

No Liens. The property on which services and/or Work will be performed is located on

lands held in trust by the United States for the benefit of the Tribe. As such, the property and any

improvements thereon cannot be subject to any mechanic's or other lien, and this Contract does not create

or grant any such right. Contractor shall not attempt to assert or perfect any such lien, nor permit any

subcontractors to do so. Contractor and all subcontractors shall ensure that no mechanic's or other liens

are filed against CIHA's property arising out of work performed under this Contract or for any other

purpose. In the event that a lien is filed against CIHA's property, Contractor and all subcontractors shall,

at CIHA's request, at any time that Contractor is disputing the validity or amount of such lien, provide a

bond or other security reasonably acceptable to CIHA in the amount of such lien. Without regard to any

other duty or requirement under this Contract, Contractor shall assure that all liens of whatever nature shall

be resolved prior to payment of the final payment under this Contract.

15.25.

Safety. Contractor and all subcontractors shall take necessary precautions for the safety of

its employees and shall comply with all applicable provisions of federal and tribal safety laws (including

but not limited to COVID-19 safety precautions) to endeavor to prevent accidents or injury to persons on,

about, or adjacent to the locations where services are performed. Contractor, however, shall not be

responsible for the elimination or abatement of safety hazards created or otherwise resulting from work

carried on by the CIHA or its separate contractors, or their respective employees, agents, contractors, or

tenants. CIHA agrees to cause its employees, agents, separate contractors, and tenants to abide by and

fully adhere to all applicable provisions of federal and tribal safety laws and regulations.

15.26.

Warranty of Work and Materials. All materials and equipment incorporated in the

services provided under this Contract will be new unless otherwise specified and that the Work performed

will be free from faults and defects unless otherwise specifically provided in this Contract or CIHA has

previously given Contractor an acceptance of such condition. For a period of one year after the date of

Contractor's completion of work, Contractor warrants to CIHA that Work performed under this Contract

conforms to the Contract requirements and is free of any defect in equipment, material, or workmanship

performed by Contractor or any subcontractor or supplier at any tier. Contractor shall remedy, at

Contractor's expense, any defect or failure to conform and any damage caused to real or personal property

of CIHA caused by such defect or failure to perform. Contractor's warranty excludes remedy for damage

or defect caused by abuse, modifications not done by Contractor, improper or insufficient maintenance,

improper operation, normal wear and tear under normal usage or the acts or omissions of CIHA, its

employees, agents, contractors, and all those claiming by, through or under them. Contractor and all

subcontractors shall, upon final completion of any specific project and upon receipt by Contractor of the

final payment, assign to CIHA all warranties for materials and equipment incorporated in the work, to the

extent such warranties are assignable.

15.27.

Licenses and Permits. Contractor hereby represents and warrants that all of its employees,

officers, and agents possess the licenses and permits necessary under applicable law to perform the scope

of services under this Contract.

15.28.

Copeland Anti-Kickback Act. Contractor and all subcontractors shall comply with the

Copeland “Anti-Kickback” Act (40 U.S.C. 3145 and 18 U.S.C. § 874) as supplemented in Department of

Labor (DOL) regulations (29 C.F.R. Part 3).

15.29.

Contract Work Hours and Safety Act. For contracts and subcontracts in amounts in

excess of $100,000, Contractor and all subcontractors shall comply with 40 U.S.C. 3702 and 3704 of the

Contract Work Hours and Safety Standards Act (40 U.S.C. 3702, and 3704) as supplemented by DOL

regulations (29 C.F.R. Part 5).

15.30.

Subcontracting with Small and Minority Firms, Women's Business Enterprise, VeteranOwned Businesses, and Labor Surplus Area Firms. In accordance with federal regulations (2 C.F.R. §

200.321), Contractors shall take the following steps to ensure that when possible, subcontracts are awarded

to small and minority business firms, women's business enterprises, veteran-owned businesses, and labor

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surplus area firms: (i) Placing qualified small and minority businesses, and women's business enterprises,

veteran-owned businesses, on solicitation lists; (ii) Ensuring that small and minority businesses, women's

business enterprises, and veteran-owned businesses are solicited whenever they are potential sources; (iii)

Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit

maximum participation by small and minority businesses, women's business enterprises, and veteranowned businesses; (iv) Establishing delivery schedules, where the requirements of the contract permit,

which encourage participation by small and minority businesses, women's business enterprises, and

veteran-owned businesses; and (v) Using the services and assistance of the U.S. Small Business

Administration, the Minority Business Development Agency of the U.S. Department of Commerce, and

State and local governmental small business agencies.

15.31.

Bond Requirements. For construction, or facility improvement contracts exceeding

$150,000, Contractor shall provide (i) a performance bond on the part of Contractor for 100% of the

Contract Price, which bond shall secure fulfillment of all Contractor's obligations under the Contract; (ii) a

payment bond on the part of the Contractor for 100% of the Contract Price to assure payment as required

by law of all persons supplying labor and material in the execution of the work provided under this

Contract; and (iii) a bid bond in an amount determined by CIHA as necessary for the project.

15.32.

Central Contractors Registry. Contractor and any subcontractors shall be registered with

the Central Contractors Registry. The Central Contractors Registration clause (FAR 4.1105) is hereby

incorporated by reference into the Contract in its entirety.

15.33.

Employee Background Checks. Contractor shall conduct background checks on

prospective employees of Contractor who will provide services under this Contract to ensure that

employees of Contractor do not have a criminal record or other background that would call into question

their trustworthiness. Contractor may, at Contractor's option, request that CIHA submit any prospective

employee's name through the background check process used by the CIHA, provided that Contractor will

be charged the cost of such background check and such cost will be deducted from payments to be made to

Contractor.

15.34.

Certification of Eligibility.

15.34.1.

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 ineligible to be

awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29

C.F.R. 5.12(a)(1).

15.34.2.

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

C.F.R. 5.12(a)(1).

15.34.3.

18 U.S.C. 1001.

The penalty for making false statements is prescribed in the U.S. Criminal Code,

15.35.

Further Certification of Contractor. The Contractor certifies that the Contractor has never

been sanctioned, suspended, disbarred or been the subject of any other disciplinary action in any

jurisdiction or by any federal or state agency, or by any Indian tribe, TDHE, or tribal organization.

15.36.

Prohibition on Conflicts of Interest

15.36.1.

Based on the federal regulations (2 C.F.R. 200.318) and where those regulations

apply, no employee, officer or agent of the CIHA shall participate in selection, or in the award or

administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be

involved. Such a conflict would arise when: (i) The employee, officer, or agent; (ii) Any member of his or

her family; (iii) His or her partner; or, (iv) An organization that employs, or is about to employ, any of the

above has financial or other interest in the firm selected for award. The grantee's or subgrantee's officers,

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employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from

Contractors, or Parties to sub-agreements. Grantees and subgrantees may set minimum rules where the

financial interest is not substantial or the gift is unsolicited item of nominal intrinsic value. To the extent

permitted by the State or local law or regulations, such standards or conduct will provide for penalties,

sanctions, or other disciplinary actions for violations of such standards by the grantee's and subgrantee's

officers, employees, or agents or by Contractor's or their agents. The awarding agency may in regulation

provide additional prohibitions relative to real, apparent, or potential conflicts of interest.

15.36.2.

Neither the CIHA nor any of its Contractors or their subcontractors shall enter

into any contract, subcontract , or agreement , in connection with any project or any property included or

planned to be included in any project, in which any member, officer, or employee of the CIHA, or any

member of the governing body of the Tribe , or in any other public official of such locality or localities

who exercises any responsibilities or functions with respect to the project during his/her tenure or for one

year thereafter has any interest, direct or indirect. If any such present or former member, officer, or

employee of the CIHA, or such governing body member or such other public official of such locality or

localities involuntarily acquires or had acquired prior to the beginning of his/her tenure any such interest,

and if such interest is immediately disclosed to the CIHA and such disclosure is entered upon the minutes

of the CIHA, the CIHA, with the prior approval of HUD, may waive the prohibition contained in this

subsection: Provided, that any such present members, officer, or employee of the CIHA shall not

participate in any action by the CIHA relating to such contract, subcontract, or arrangement.

15.36.3.

No member, officer or employee of the CIHA, no member of the governing body

of the Tribe, and no other public official of such locality or localities who exercise any functions or

responsibilities with respect to the project, during his/her tenure or for one year thereafter, shall have any

interest, direct or indirect, in this Contract or the proceeds thereof.

15.36.4.

If this Contract is funded in whole or in part by funds provided under NAHASDA,

in all cases not governed by 2 C.F.R. 200.318, the following conflict of interest provisions shall apply: No

person who participates in the decision-making process or who gains inside information with regard to

NAHASDA–assisted activities may obtain a personal or financial interest or benefit from such activities,

except for the use of NAHASDA funds to pay salaries or other related administrative costs. Such persons

include anyone with an interest in any contract, subcontract or agreement or proceeds thereunder, either

for themselves or other with whom they have business or immediate family ties. Immediate family ties are

determined by the CIHA in its operating policies.

15.37.

Interest of Members of Congress. No member of or delegate to the Congress of the

United States of America or resident commissioner shall be admitted to any share or part of this Contract

or to any benefit to arise from it.

15.38.

E-Verify. Contractor and any subcontractors shall register and utilize the Department of

Homeland Security's E-Verify employee verification program.

15.39.

Payroll Records. Contractor and all subcontractors shall maintain, for a period of five

years after final payment by CIHA, payrolls and basic records for all laborers and mechanics working at

the site of the Work. Such records shall contain the name, address, and social security number of each

such worker, his or her correct classification, hourly rates of wages paid, daily and weekly number of

hours worked, deductions made, and actual wages paid. Contractor shall submit to the Contracting Officer

each week during the Work a copy of all such payrolls, along with a certification of compliance signed by

the Contractor or subcontractor that such payrolls are complete and accurate, that each laborer or mechanic

employed on the Work site has been paid the full weekly wages earned by that laborer or mechanic,

subject only to those deductions permitted by applicable law, and that each laborer or mechanic has been

paid at least the applicable prevailing wage rate for his or her job classification.

15.40.

Confidentiality. All information, reports, papers, and other materials of whatever nature

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accumulated, generated, completed, or prepared under this Contract and specifically identifying the CIHA,

its officers, agents, or employees, shall be deemed to be confidential ant the Contractor shall not disclose

the same without the express written authorization of the CIHA or as may be otherwise required under

applicable law.

15.41.

Subject to Available Funds. Any rights of the Contractor are subject to the limitations on

and availability of such funds to CIHA.

15.42.

Rights to Inventions Made Under a Contract or Agreement. If this Contract involves

performance of experimental, developmental, or research work funded in whole or in part by the Federal

government, the Contractor and CIHA shall comply with the requirements of 37 C.F.R. Part 401, “Rights

to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,

Contracts and Cooperative Contracts,” and any implementing regulations issued by the awarding agency.

15.43.

Lead-Based Paint Poisoning Prevention. Contractor and all subcontractors must comply

with the lead-based paint poisoning prevention requirements set out in 24 C.F.R. 1000.40.

15.44.

Procurement of Recovered Materials. Contractor and all subcontractors must comply with

the procurement of recovered materials requirements set out in 2 C.F.R. 200.323.

15.45.

Prohibition on certain telecommunications and video surveillance services or equipment.

Contractor and all subcontractors must comply with the prohibitions set out in 2 C.F.R. 200.216.

15.46.

Domestic preferences for procurements. Contractor and all subcontractors must comply

with the domestic preferences for procurement requirements set out in 2 C.F.R. 200.322.

Article 16.

PREVAILING WAGE RATES.

16.1.

Non-Federal Prevailing Wage Rates. Any prevailing wage rate (including basic hourly

rate and any fringe benefits), determined under State law to be prevailing, with respect to any employee in

any trade or position employed under the Contract, is inapplicable to the Contract and shall not be

enforced against the Contractor or any subcontractor, with respect to employees engaged under the

Contract whenever such non-Federal prevailing wage rate exceeds: (i) The applicable wage rate

determined by the Secretary of Labor pursuant to the Davis-Bacon Act (40 U.S.C. 3141 et seq.) to be

prevailing in the locality with respect to such trade; (ii) An applicable apprentice wage rate based thereon

specified in an apprenticeship program registered with the DOL or a DOL-recognized State

Apprenticeship Agency; or (iii) An applicable trainee wage rate based thereon specified in a DOL-certified

trainee program

16.2.

If the Tribe 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 Article 16 shall apply.

16.3.

Minimum Wages. Contractor will pay prevailing wages as required by 25 U.S.C. § 4114

of the Native American Housing Assistance and Self-Determination Act. All labor furnished for the work

provided in the Agreement shall be at or above the current prevailing wage rates determined by Secretary

of Labor under the Davis-Bacon and Related Acts of 1931 (40 U.S.C. §3141 et. seq.), as promulgated in

29 C.F.R. Part 5, and as set out elsewhere in the Contract. 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 C.F.R. Part 3)), the full amount of wages and bona fide fringe benefits (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

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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 C.F.R. 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 C.F.R. 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 wage rates

conformed under 29 C.F.R. 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.

16.3.1.

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: (i) The work to be performed by the

classification requested is not performed by a classification in the wage determination; (ii) The

classification is utilized in the area by the construction industry; and (iii) The proposed wage rate,

including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the

wage determination.

16.3.2.

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.

16.3.3.

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.

16.3.4.

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.

16.4.

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.

16.5.

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 DavisColville Indian Housing Authority

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Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate

account asset for the meeting of obligations under the plan or program.

16.6.

Withholding of Funds. CIHA shall, upon its own action or upon written request of an

authorized representative of the DOL, 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 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.

16.7.

Payrolls and Basic Records.

16.7.1.

Payrolls and basic records relating thereto shall be maintained by the Contractor

during the course of the work and preserved for a period of five 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 C.F.R. 5.5(a)(1)(iv), that the wages of any laborer or mechanic include the amount of

costs reasonably anticipated in providing 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.

16.7.2.

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 16.6.1 of this clause.

This information may be submitted in any form desired. 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

C.F.R. 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.

16.7.3.

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.

16.7.4.

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 DOL and shall permit such representatives to interview

employees during working hours on the 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

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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 C.F.R. 5.12.

16.8.

Apprentices.

16.8.1.

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 DOL, 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.

16.8.2.

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 determination 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 hourly 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.

16.9.

Trainees.

16.9.1.

Except as provided in 29 C.F.R. 5.16, trainees will not be permitted to work at

less than the predetermined rate for the work performed unless they are employed pursuant to and

individually registered in a program which has received prior approval, as evidenced by formal

certification by the DOL, Employment and Training Administration. The ratio of trainees to journeymen

on the job site shall not be greater than permitted under the plan approved by the Employment and

Training Administration.

16.9.2.

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

shall 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

Colville Indian Housing Authority

Small Purchase Construction Contract—Federal Funds

Page 22 of 25

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.

16.10.

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, and 29 CFR Part 30.

16.11.

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 C.F.R. 5.12.

16.12.

Compliance with Davis-Bacon and Related Act Requirements. All rulings and

interpretations of the Davis-Bacon and related Acts contained in 29 C.F.R. Parts 1, 3, and 5 are herein

incorporated by reference in this contract.

16.13.

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 between the Contractor (or any of its subcontractors) and the

CIHA, HUD, the U.S. Department of Labor, or the employees or their representatives.

16.14.

Certification of Eligibility.

16.14.1.

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 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).

16.14.2.

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).

16.14.3.

18 U.S.C. 1001.

The penalty for making false statements is prescribed in the U. S. Criminal Code,

16.15.

Subcontracts. The Contractor or subcontractor shall insert in any subcontracts all the

provisions contained in this clause, and such other clauses as HUD, CIHA, or their designees 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.

Article 17.

PROTECTION OF TRIBAL PATRIMONY.

17.1.

A Tribal Historic Preservation Officer (THPO) or other duly appointed cultural observer

of the Tribe may be present during all stages of construction, including the initial siting process, for the

purpose of ascertaining compliance with the National Historic Preservation Act, Native American Graves

Protection and Repatriation Act of 1990, and any applicable Tribal law regarding the disturbance,

excavation, removal, interment, or preservation of human remains or cultural, historical, and

archaeological artifacts.

17.2.

In the event that any human remains or cultural, historical, or archaeological artifacts are

found during construction by the Contractor, any subcontractor, or any of their employees, all work in the

immediate area of the uncovered artifact shall immediate cease until the Tribe 's duly appointed cultural

Colville Indian Housing Authority

Small Purchase Construction Contract—Federal Funds

Page 23 of 25

observer inspects the site and determines the appropriate course of action with the approval of the CIHA

and written notification to the Secretary of the Department of the Interior and the relevant federal funding

agency. Any costs of delay in construction that are necessarily incurred by the Contractor under this

Article shall be equitably assessed with an adjustment to the Fixed Maximum Price, hourly rate, delivery

schedule, or other affected terms of this Contract as appropriate and pursuant to the CIHA's express

written agreement.

Article 18.

LIQUIDATED DAMAGES

18.1.

It is recognized and agreed by the CIHA and the Contractor that it is extremely difficult to

measure the harm to the 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, the CIHA and the Contractor agree that the Contractor

shall have assessed against it and shall pay to the CIHA liquidated damages as follows.

18.2.

If the 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, the Contractor shall pay to the

CIHA as liquidated damages, the sum 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 the CIHA.

18.3.

The Contractor remains liable for damages caused other than by delay. If no amount is

inserted in this paragraph, the Contractor shall pay to the CIHA the actual amount of all damages sustained

by the CIHA as a result of such delay.

[Signatures on following page]

Colville Indian Housing Authority

Small Purchase Construction Contract—Federal Funds

Page 24 of 25

IN WITNESS WHEREOF, the parties have executed this Contract: effective as of the following

date:

CONTRACTOR

COLVILLE INDIAN HOUSING

By:_______________________________

(Signature)

By:________________________________

(Signature)

Name

Company Owner

Company Name

Dale R. Schrock, Jr.

Executive Director / Contracting Officer

Colville Indian Housing Authority

Date: ______________________________

Colville Indian Housing Authority

Small Purchase Construction Contract—Federal Funds

Page 25 of 25

SYST EM FOR A WARD M ANAGEMENT REGIST RAT ION (SAM)

REQUIRED CONT RACT AND SOLICIT AT ION LANGUAGE , FAR 4.1105

(a) Definitions. As used in this provision—

“Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity

identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to

establish additional System for Award Management records for identifying alternative EFT accounts

(see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM)” means that –

(1) The Offeror has entered all mandatory information, including the unique en tity identifier and

the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data

required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into

SAM

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and

Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer

Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to

provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial,

nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity

identifiers.

(b)

(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall

continue to be registered until time of award, during performance, and through final payment of any

contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this

solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer,

the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the

Offeror's name and address exactly as stated in the offer. The Offero r also shall enter its EFT indicator, if

applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is

registered in the SAM.

at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should

be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

Required SAM Language

Page 1 of 2

(3) Company physical street address, city, state, and Zip Code.t

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not

registered in SAM should consider applying for registration immediately upon receipt of this solicitation.

See https://ww.sam.gov for information on registration.

Required SAM Language

Page 2 of 2

"General Decision Number: WA20260084 01/02/2026

Superseded General Decision Number: WA20250084

State: Washington

Construction Type: Residential

Counties: Ferry, Garfield, Lincoln and Whitman Counties in

Washington.

Modification Number Publication Date

01/02/2026

SHEE0055-020 06/01/2025

Rates

Fringes

SHEET METAL WORKER (HVAC Duct

Installation Only)

Ferry, Lincoln, and

Whitman Counties............$ 36.66

27.92

Garfield County.............$ 31.63

24.75

---------------------------------------------------------------SUWA2011-004 06/27/2014

Rates

Fringes

CARPENTER........................$ 17.56

0.00

CEMENT MASON/CONCRETE FINISHER...$ 35.30

ELECTRICIAN......................$ 19.00

3.17

LABORER: Common or General......$ 17.34

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 34.28

PAINTER (Brush, Roller, and

Spray)...........................$ 16.00

0.00

PLUMBER..........................$ 26.72

3.30

ROOFER...........................$ 26.11

0.00

TRUCK DRIVER: Dump Truck........$ 20.87

5.22

---------------------------------------------------------------WELDERS - Receive rate prescribed for craft performing

operation to which welding is incidental.

0.00

================================================================

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave

for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any

solicitation was issued) on or after January 1, 2017. If this

contract is covered by the EO, the contractor must provide

employees with 1 hour of paid sick leave for every 30 hours

they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their

own illness, injury or other health-related needs, including

preventive care; to assist a family member (or person who is

like family to the employee) who is ill, injured, or has other

health-related needs, including preventive care; or for reasons

resulting from, or to assist a family member (or person who is

like family to the employee) who is a victim of, domestic

violence, sexual assault, or stalking. Additional information

on contractor requirements and worker protections under the EO

is available at

https://www.dol.gov/agencies/whd/government-contracts.

Note: Executive Order 13658 generally applies to contracts

subject to the Davis-Bacon Act that were awarded on or between

January 1, 2015 and January 29, 2022, and that have not been

renewed or extended on or after January 30, 2022. Executive

Order 13658 does not apply to contracts subject only to the

Davis-Bacon Related Acts regardless of when they were awarded.

If a contract is subject to Executive Order 13658, the

contractor must pay all covered workers at least $13.30 per

hour (or the applicable wage rate listed on this wage

determination, if it is higher) for all hours spent performing

on the contract in 2025. The applicable Executive Order

minimum wage rate will be adjusted annually. Additional

information on contractor requirements and worker protections

under Executive Order 13658 is available at

www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within

the scope of the classifications listed may be added after

award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (iii)).

---------------------------------------------------------------The body of each wage determination lists the classifications

and wage rates that have been found to be prevailing for the

type(s) of construction and geographic area covered by the wage

determination. The classifications are listed in alphabetical

order under rate identifiers indicating whether the particular

rate is a union rate (current union negotiated rate), a survey

rate, a weighted union average rate, a state adopted rate, or a

supplemental classification rate.

Union Rate Identifiers

A four-letter identifier beginning with characters other than

""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was

prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2024. PLUM is an identifier of the union

whose collectively bargained rate prevailed in the survey for

this classification, which in this example would be Plumbers.

0198 indicates the local union number or district council

number where applicable, i.e., Plumbers Local 0198. The next

number, 005 in the example, is an internal number used in

processing the wage determination. The date, 07/01/2024 in the

example, is the effective date of the most current negotiated

rate.

Union prevailing wage rates are updated to reflect all changes

over time that are reported to WHD in the rates

in the collective bargaining agreement (CBA) governing the

classification.

Union Average Rate Identifiers

The UAVG identifier indicates that no single rate prevailed for

those classifications, but that 100% of the data reported for

the classifications reflected union rates. EXAMPLE:

UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a

weighted union average rate. OH indicates the State of Ohio.

The next number, 0010 in the example, is an internal number

used in producing the wage determination. The date, 01/01/2024

in the example, indicates the date the wage determination was

updated to reflect the most current union average rate.

A UAVG rate will be updated once a year, usually in January, to

reflect a weighted average of the current rates in the

collective bargaining agreements on which the rate is based.

Survey Rate Identifiers

The ""SU"" identifier indicates that either a single non-union

rate prevailed (as defined in 29 CFR 1.2) for this

classification in the survey or that the rate was derived by

computing a weighted average rate based on all the rates

reported in the survey for that classification. As a weighted

average rate includes all rates reported in the survey, it may

include both union and non-union rates. Example: SUFL2022-007

6/27/2024. SU indicates the rate is a single non-union

prevailing rate or a weighted average of survey data for that

classification. FL indicates the State of Florida. 2022 is the

year of the survey on which these classifications and rates are

based. The next number, 007 in the example, is an internal

number used in producing the wage determination. The date,

6/27/2024 in the example, indicates the survey completion date

for the classifications and rates under that identifier.

?SU? wage rates typically remain in effect until a new survey

is conducted. However, the Wage and Hour Division (WHD) has the

discretion to update such rates under 29 CFR 1.6(c)(1).

State Adopted Rate Identifiers

The ""SA"" identifier indicates that the classifications and

prevailing wage rates set by a state (or local) government were

adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007

01/03/2024. SA reflects that the rates are state adopted. ME

refers to the State of Maine. 2023 is the year during which the

state completed the survey on which the listed classifications

and rates are based. The next number, 007 in the example, is an

internal number used in producing the wage determination.

The date, 01/03/2024 in the example, reflects the date on which

the classifications and rates under the ?SA? identifier took

effect under state law in the state from which the rates were

adopted.

----------------------------------------------------------WAGE DETERMINATION APPEALS PROCESS

1) Has there been an initial decision in the matter? This can

be:

a) a survey underlying a wage determination

b) an existing published wage determination

c) an initial WHD letter setting forth a position on

a wage determination matter

d) an initial conformance (additional classification

and rate) determination

On survey related matters, initial contact, including requests

for summaries of surveys, should be directed to the WHD Branch

of Wage Surveys. Requests can be submitted via email to

davisbaconinfo@dol.gov or by mail to:

Branch of Wage Surveys

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

Regarding any other wage determination matter such as

conformance decisions, requests for initial decisions should be

directed to the WHD Branch of Construction Wage Determinations.

Requests can be submitted via email to BCWD-Office@dol.gov or

by mail to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2) If an initial decision has been issued, then any interested

party (those affected by the action) that disagrees with the

decision can request review and reconsideration from the Wage

and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Requests for review and reconsideration can be submitted via

email to dba.reconsideration@dol.gov or by mail to:

Wage and Hour Administrator

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the

interested party's position and any information (wage payment

data, project description, area practice material, etc.) that

the requestor considers relevant to the issue.

3) If the decision of the Administrator is not favorable, an

interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210.

================================================================

END OF GENERAL DECISION

INDIAN ENTERPRISE QUALIFICATION STATEMENT

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