17c_-_Solicitation_Provisions_and_Clauses_-_20180917.pdf

WESTSERN AREA POWER ADMINISTRATION

SOLICITATION PROVISIONS AND CLAUSES

CENTRAL ZONE JANITORIAL SERVICES

Section B - Supplies or Services/Prices

DOE-B-2006 FIRM-FIXED-PRICE CONTRACT (OCT 2014)

Section C - Description / Specifications / Statement of Work

DOE-C-2002 PERFORMANCE WORK STATEMENT (OCT 2014)

Section G - Contract Administration Data

DOE-G-2001 CONTRACTING OFFICER AUTHORITY (OCT 2014)

DOE-G-2002 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (OCT 2014)

DOE-G-2003 CONTRACTOR’S PROGRAM MANAGER (OCT 2014)

DOE-G-2008 NON-SUPERVISION OF CONTRACTOR EMPLOYEES (OCT 2014)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM

(IPP)

Section H - Special Contract Requirements

DOE-H-2010 SUSTAINABLE ACQUISITIONS UNDER JANITORIAL SERVICES CONTRACTS (JUL

2018)

DOE-H-2033 ALTERNATIVE DISPUTE RESOLUTION (OCT 2014)

DOE-H-2034 CONTRACTOR INTERFACE WITH OTHER CONTRACTORS AND/OR GOVERNMENT

EMPLOYEES (OCT 2014)

DOE-H-2044 MATERIAL SAFETY DATA SHEET AVAILABILITY (OCT 2014)

DOE-H-2047 FEDERAL HOLIDAYS AND OTHER CLOSURES (OCT 2014)

DOE-H-2059 PRESERVATION OF ANTIQUITIES, WILDLIFE AND LAND AREAS (OCT 2014)

DOE-H-2076 LOBBYING RESTRICTIONS (OCT 2014)

WES-H-2011 FOREIGN VISITORS AND CONTRACT EMPLOYEES (MAY 2018)

WES-H-2012 SECURITY PROCESSING FOR SERVICE CONTRACTOR AND SUBCONTRACTOR

PERSONNEL WORKING ON A WESTERN AREA POWER ADMINISTRATION SITE (MAY 2018)

WES-H-2014 SAFETY AND HEALTH - MODERATE RISK (MAY 2018)

Section I - Contract Clauses

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE. (JUL 2016)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS. (JUN

2016)

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (OCT 2018)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS - COMMERCIAL ITEMS. (AUG 2019)

52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES. (MAY 2014)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS. (DEC

2013)

52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

952.203-70 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES. (DEC 2000)

952.204-77 COMPUTER SECURITY. (AUG 2006)

952.242-70 TECHNICAL DIRECTION. (DEC 2000)

Section J - List of Documents, Exhibits and Other Attachments Section K - Representations, Certifications, and Other Statements of Offerors or Respondents

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT. (AUG 2019)

Section L - Instructions, Conditions, and Notices to Bidders

52.204-7 SYSTEM FOR AWARD MANAGEMENT. (OCT 2019)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING. (JUL 2016)

52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS. (OCT 2018)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998)

DOE-L-2016 NUMBER OF AWARDS. (OCT 2015)

DOE-L-2017 EXPENSES RELATED TO OFFEROR SUBMISSIONS. (OCT 2015)

DOE-L-2021 GUIDANCE FOR PROSPECTIVE OFFERORS - IMPACT OF TEAMING ARRANGEMENTS

ON SMALL BUSINESS STATUS. (OCT 2015)

DOE-L-2024 NOTICE OF INTENT – USE OF NON-FEDERAL EVALUATORS AND/OR ADVISORS. (OCT 2015)

Section M - Evaluation Factors for Award

52.217-5 EVALUATION OF OPTIONS (JUN 1990)

Section B - Supplies or Services/Prices

DOE-B-2006 FIRM-FIXED-PRICE CONTRACT (OCT 2014)

(a) This is a firm-fixed-price contract. The Contractor shall provide the following services at the fixed unit prices specified:

CLIN Item Description Quantity Unit of

Measure Unit Price

TOTAL CLIN

Price

Janitorial services for the Folsom Substation, in accordance with the Performance Work Statement (PWS).

Period of Performance (PoP): 1 October 2019 through 30 September 2020

Months

(Quarterly)

Janitorial services for the Maxwell Substation, in accordance with the PWS.

PoP: 1 October 2019 through 30 September 2020

Janitorial services for the O’Banion Substation, in accordance with the PWS.

PoP: 1 October 2019 through 30 September 2020

Janitorial services for the Roseville Substation, in accordance with the PWS.

PoP: 1 October 2019 through 30 September 2020

Janitorial services for the Sacramento Power Operations Substation, in accordance with the PWS.

PoP: 1 October 2019 through 30 September 2020

Janitorial services for the Folsom Substation, in accordance with the Performance Work Statement (PWS).

PoP: 1 October 2020 through 30 September 2021 with the PWS.

PoP: 1 October 2020 through 30 September 2021 with the PWS.

PoP: 1 October 2020 through 30 September 2021 with the PWS.

PoP: 1 October 2020 through 30 September 2021

Operations Substation, in accordance with the PWS.

PoP: 1 October 2020 through 30 September 2021

Janitorial services for the Folsom Substation, in accordance with the Performance Work Statement (PWS).

PoP: 1 October 2021 through 30 September 2022 with the PWS.

PoP: 1 October 2021 through 30 September 2022 with the PWS.

PoP: 1 October 2021 through 30 September 2022 with the PWS.

PoP: 1 October 2021 through 30 September 2022

Operations Substation, in accordance with the PWS.

PoP: 1 October 2021 through 30 September 2022

TOTAL CONTRACT PRICE

(b) Payments of the fixed unit prices and the total contract price will be made in accordance with the contract Payments clause.

(End of Clause)

Section C - Description / Specifications / Statement of Work

DOE-C-2002 PERFORMANCE WORK STATEMENT (OCT 2014)

PERFORMANCE WORK STATEMENT

CENTRAL ZONE JANITORIAL SERVICES

10 September 2019

1. SCOPE OF WORK

The Contractor shall provide all labor, management, supervision, materials, supplies, and equipment and shall plan, schedule, coordinate, and conduct janitorial services for Western Area Power Administration (WAPA) Sierra Nevada Region (SNR) northern California facilities, including:

Service Location Folsom Substation Control Building

Maxwell Substation Control Building

O’Banion Substation Control Building

Roseville Substation Control

Building

Sacramento Power Operations

Facility Address 7794 Folsom Dam Rd.

Folsom, CA 95630 4749 Standard Rd.

Maxwell, CA 95955 5712 O’Banion Rd.

Yuba City, CA 95993

870 Galleria Blvd Roseville, CA

95678

114 Parkshore Drive Folsom, CA 95630

Building Stories / Notes

One (1) - Control Bldg One (1) - Warehouse Includes Restroom / Shower

One (1) – Cntr. Bldg Hot and cold water not available.

One (1) – Cntr. Bldg Hot and cold water not available.

One (1) – Cntr.

Bldg

Includes Restroom

One (1) – Cntr. Bldg Hot and cold water available in detached building

Service Schedule (changes may be approved by COR)

Quarterly between Tuesday - Friday

7:00 AM - 2 PM

Quarterly between Tuesday - Friday

7:00 AM - 2 PM

Quarterly between Tuesday - Friday

7:00 AM - 2 PM

Quarterly between Tuesday - Friday

7:00 AM - 2 PM

Quarterly between Tuesday - Friday

7:00 AM - 2 PM

Official Working Hours of Building

Occupants

Unmanned Escort Required

Unmanned Escort Required

Unmanned Escort Required

Unmanned Escort Required

Unmanned Escort Required

Approx. Carpeted Areas

None None None None None

Approx. Resilient (Hard Floor) Area

< 2,680 square feet <1,350 square feet < 1,700 square feet < 2,044 square feet < 400 square feet

Total Approx.

Space

2,680 square feet 1,350 square feet 1,700 square feet 2,044 square feet 400 square feet

Square footage, or additional buildings at the above service locations, may be added or removed to this contract as needed by facility and/or site changes; changes must be addressed by contract modification.

2. PERFORMANCE THRESHOLDS

A. Restroom Sweeping, Wet Mopping, or Scrubbing: The floors shall be clean and free of dirt, water streaks, mop marks, string, gum, grease, tar, etc., and present an overall appearance of cleanliness. All surfaces, baseboards, and corners shall be clean and dry.

B. Restroom Surfaces and Fixture Cleaning: All fixtures and surfaces (washbasins, urinals, toilets, floors, shower stalls, etc.) shall be clean, bright, and there shall be no dust, spots, soil substances, discolorations, rust, mold, encrustation, or excess moisture.

C. Restrooms: Restrooms shall be stocked with supplies at all times. Items such as soap, toilet cakes, toilet paper, Kleenex, paper towels and toilet seat covers should always be present. The Contractor shall pick up and discard all papers, litter, and debris left in the restrooms.

D. Damp Mopping and Spray Buffing: Floors shall be slip resistant, free of spots, streaks, mop strand marks, and skipped areas. Walls, baseboards, and other surfaces shall be free of splashes and markings from the equipment.

Control buildings shall only be damp (not wet) mopped with hand spot cleaning, taking care not to alter any switch and/or knob position and no liquid shall be allowed to penetrate cracks.

E. Shower/Dressing Policing: Each visit pick up and discard all papers, magazines, litter, clothing items and debris left in the shower/dressing areas except for those items inside the lockers.

F. Hard and Resilient Floor Stripping: There shall be no evidence of gum, rust, burns or scuffs, or wax buildup in corners or crevices. Under no circumstances shall dry stripping methods be used.

G. Resilient Floor Finishing: Walls, baseboards and other surfaces shall be free of finish residue and marks from the equipment. Floors shall be free of streaks, mop strand marks, and skipped areas. The finished area shall have a uniform luster.

H. Damp wiping of hard surfaces general: All dirt, dust, water stains, spots, streaks, and smudges shall be removed from surfaces.

I. Solid Waste and Recycling Collection: All solid wastes and recycling generated in and around the building shall be collected and removed to storage containers designated for trash and or recycling if present.

J. Mirrors: Mirrors shall be clean and free of dirt, dust, streaks, and spots.

K. Spot Cleaning Walls: Wall surfaces shall be free of smudges, marks, dirt and spots. These shall be removed without obvious discoloration.

L. Dusting: There shall be no dust streaks or spider webs. Corners, crevices, moldings and ledges shall be free of all dust. There shall be no oils, spots, or smudges on desks or dusted surfaces caused by dusting tools. When inspected with a flashlight, there shall be few traces of dust on any surfaces. The Contractor shall use a dusting method such as a treated cloth or brush that does not disperse the dust into the air. Dusting of work surfaces of the tops of modular furniture and panel edges is included.

M. Vacuuming: Vacuum padded furniture and spot clean as needed

N. Dust Mopping: Resilient floors being dust mopped shall be free of dust, dirt, debris, and trash. The dust mopping shall be performed using a method that does not defuse the dust into the air.

O. Cleaning Wastebaskets: Wastebaskets shall be free of dust, debris, and residue. Plastic liners shall not be torn, worn, or contain residue.

P. Resilient Tile Spot Cleaning: Buildup, spillage or crusted material shall have been removed along with spots, smears, and stains. Cleaned areas shall blend with adjacent areas.

Q. Furniture Cleaning: Surfaces shall be free of smears, stains, and finger marks. They shall be cleaned to a uniform luster.

R. Door Thresholds & Frame: Thresholds and frame shall be clean and free of oil, grease, dirt, and grime, including the mats.

S. Glass Doors: Glass in doors shall be clean and free of dirt, dust, streaks, and spots.

T. Light Diffusers: Remove all dust, dirt and residue.

3. SUPPLIES, MATERIALS AND EQUIPMENT

A. The Contractor will supply paper towels, toilet seat protectors, toilet tissue, hand soap, trash can liners, and facial tissues. These supplies will be stored at the worksites in locations designated by the Contracting Officer’s Representative (COR). The Contractor shall furnish all supplies and materials required. Supplies and materials shall be of a quality to conform to applicable Federal Specifications. Supplies such as buckets, wringers, brooms, mops and mop handles, brushes, etc., are considered supplies and materials. The Contractor shall submit a list of supplies and cleaning materials (e.g., bathroom cleaner, floor cleaner, etc.) they intend to use that includes the manufacturer brand name, Safety Data Sheets (SDSs), and intended use of each item. No material shall be used that the COR determines to be unsuitable for the purpose or harmful to the surface to which it is applied.

B. Equipment: All necessary powered equipment and accessories, and selected non-powered equipment needed for the performance of the work of this contract shall be furnished by the Contractor. Non-powered equipment includes such items as janitor carts and trash containers for those carts, rags, brushes, etc. Such equipment shall be of the size and type customarily used in the work of this kind and shall meet the approval of the COR.

4. GOVERNMENT FURNISHED PROPERTY (GFP)

A. The Government will supply designated locations as janitorial closets. The Contractor shall maintain the janitor closets in a clean and neat condition.

B. The Government will supply a trash dumpster for disposal of all waste from the facility. A recycling dumpster may also be provided at some locations. Waste and recycling remains the property of the Government until disposed of by the Government. Any unauthorized use of this waste and recycling can result in immediate termination of this contract for default.

C. Electrical power will be furnished by the Government at existing power outlets for the Contractor’s use to operate such equipment as is necessary in the conduct of his or her work. No vacuum cleaner, floor scrubber/polisher, or any other electrical appliance shall ever be plugged into a receptacle designated for Uninterrupted Power Supply (UPS).

(NOTE: UPS plugs are ORANGE in color.) The Contractor shall provide electrical extension cords long enough to reach non-UPS receptacles. Electrical extension cords will be in good working condition and not pose any electrical or fire hazard.

5. CONTRACTOR PERSONNEL

A. The Contractor shall arrange for supervision of the contract work by an on-site supervisor, or other established supervision chain, that has authority to instruct, supervise and ensure that contract specifications are being met.

Contractor supervisors shall be available at all times when the contract work is in progress to receive notices, reports, or requests from the Contracting Officer (CO) or the COR.

B. Contractors are required to dress neatly and commensurate with the tasks being performed. The Contractor shall maintain satisfactory standards of employee’s competency, conduct, appearance, and integrity and shall be responsible for taking disciplinary action in regards to employees. The Contractor shall ensure that employees maintain the integrity of workstations and desks and office spaces that are closed or locked and do not disturb papers, files, or personal items on desks, in open desk drawers or cabinets, or use Government telephones, except as expressly authorized.

C. Supervisor Qualifications: Must possess at least 2 years of recent (within the past 5 years) experience in directing janitorial type operations in a supervisory capacity for a building of the approximate size of the building cleaned and cared for under this contract.

D. Other Personnel Qualifications: All personnel shall be trained and qualified to perform required janitorial duties.

Contractor employees shall be familiar with the building fire alarm system, including the procedure for pulling fire alarms. All employees shall be trained on the procedures to follow in the event of fire or other emergency. All employees shall be trained on the specific hazards associated with any hazardous materials or chemicals they work with. The Contractor shall use personnel qualified to perform janitorial duties within the 500kV substation control room without impacting substation operation.

E. Removal of Employees for Cause: The Contractor shall immediately bar any Contractor employee from performing work under this contract for any of the following actions: (1) Willful destruction or mishandling of Government or vendor property; (2) loitering; (3) use of tobacco products (to include cigarettes, chewing tobacco and snuff) in other than designated areas; (4) unauthorized eating, grazing, or theft; (5) use of alcoholic beverages, illegal drugs or illegal use of controlled substances; (6) displaying disruptive/unacceptable behavior (e.g., abusive, demeaning, foul or threatening language and fighting); and (7) willful violations of safety standards by Contractor personnel. Removal of any employees for such cause shall not constitute a valid basis for non-performance of contract services or a claim for additional compensation.

6. SECURITY REQUIREMENTS

A. The Contractor shall ensure that NGUARD is notified prior to all new employees arriving on site. Visitors and/or new employees must provide proper identification (Valid Driver’s License) to the onsite guard.

B. The Contractor shall make employees available for photo identification badges, when required by the Government, on a schedule to be worked out with the COR. Contractor employees must complete finger print cards and U.S.

Department of Energy (DOE) background forms for each employee that will work at the site. After the employees have been passed through the DOE screening process, the Government will provide each employee a Personal Identity Verification (PIV) card and access card key to their approved work area. The Contractor will notify the COR immediately when employee badges are lost. The Contractor shall see that all passes are returned to the COR as employees are dismissed or terminated and when the contract expires.

C. Contract employees must carry PIV badges with them during duty hours. WAPA personnel may periodically verify the passes of Contractor employees with their personnel identification.

D. The Government shall have and exercise full and complete control over the granting, denying, withholding, or termination of access for Contractor employees. The Government may authorize and grant temporary access to employees of the Contractor, however, the granting of temporary access is not an assurance that full access will follow as a result or condition thereof and the granting of either temporary or full access shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by the Government.

E. The Contractor must receive prior, written approval from the appropriate WAPA Security Manager (WSM) before any non-U.S. Citizens (Foreign Nationals) visit or work at any WAPA facility. The Contractor must certify in writing that:

a) Each of their employees are working under this contract that may visit or be assigned to work at any WAPA facility is a U.S. Citizen or;

b) The Contractor shall provide an accurately completed Foreign National Data Card, WAPA Form 3000-72, Attachment Upon Request for each of their Foreign National Employees that my visit or work at any WAPA facility. The Contractor shall forward the completed Form to the COR at least 45 days in advance of each Foreign National Employee’s visit or their beginning of work. Foreign National employees shall not be allowed on-site at any WAPA facility without prior approval of the cognizant WSM. Circumstances which do not allow a 45 day notification require prior, written approval of the cognizant WSM. The Contractor shall include this requirement in any subcontract issues under this contract. WAPA reserves the right to remove any contract employee from WAPA’s property pending the conclusion of the Foreign National background check.

F. The performance of this contract requires that employees of the Contractor, and in some cases a Subcontractor, have access to WAPA owned or leased facilities. The Contractor agrees to adhere to WAPA's prescribed process for granting access to Contractor and Subcontractor personnel. This process includes, but is not limited to, a Federal Bureau of Investigation (FBI) fingerprint check and other background checks and investigations as required by

WAPA. WAPA's processes are detailed in the Contractor Background Investigations Standard Operating Procedures (SOP), located at:

https://www.wapa.gov/DoingBusiness/SellingToWAPA/Documents/BackgroundCheckSOP2017.pdf

G. The Contractor agrees to propose employees and Subcontractor employees whose background offers the best prospect of obtaining access to WAPA facilities. Accordingly, the Contractor will consider the following criteria, which are not all inclusive and may vary depending on access requirements, when seeking to obtain access for employees

a) Is the employee suspected of being a terrorist?

b) Is the employee the subject of an outstanding warrant?

c) Has the employee deliberately omitted, concealed, or falsified relevant and material facts from any

Questionnaire for National Security Positions (SF-86), Questionnaire for Non-Sensitive Positions (SF-85), or similar form?

d) Has the employee presented false or forged identity documents?

e) Is the employee currently awaiting a hearing or trial on, or been convicted of, a crime punishable by imprisonment of six (6) months or longer; or

f) Is the employee awaiting or serving a form of pre-prosecution probation, suspended or deferred sentencing, probation or parole in conjunction with an arrest or criminal charges for a crime punishable by imprisonment of six (6) months or longer?

H. The Contractor shall ensure:

a) In initiating the process for physical access to WAPA facilities:

i) compliance with all relevant WAPA procedures:

ii) that employees properly completes any forms; and

iii) that employees submit the forms to the person designated by the CO.

b) In completing the process for gaining access to a WAPA facility, that its employees:

i) cooperate with WAPA officials responsible for granting access to WAPA facilities; and

ii) provide additional information requested by WAPA officials.

c) Contractor understands and agrees that WAPA may unilaterally deny access to an individual employee. The denial of access to an individual employee shall not be cause for extension of the period of performance of a Contract or the grounds for any Contractor claim against WAPA. Probationary employment may commence prior to completion of the security investigation(s), however, continued employment will be subject to receipt of a successful adjudication. In the case of unfavorable adjudications, access of Contractor/subcontractor employees is subject to the discretion of WAPA's adjudicator.

d) The Contractor shall return to the CO or designee the badge(s) or other credential(s) provided by WAPA pursuant to this SOP, granting physical access to WAPA owned or leased facilities by the Contractors employee(s), upon:

i) the termination of this Contract;

ii) the expiration of this Contract;

iii) an employee's termination of employment; or

iv) demand by WAPA for return of the badge/credentials. The Contractor shall include this clause in any subcontract awarded in performance of this contract in which an employee of the subcontractor will require access to WAPA owned or leased facilities.

7. SAFETY REQUIREMENTS

A. Contractor employees shall work in a safe manner.

B. All Contractor employees must have knowledge of cleaning products used and access to Safety Data Sheet (SDS) literature. Employees must wear appropriate personal protective gear as necessary and handle cleaning products and equipment in the manner in which they are intended or directed per manufacturer’s requirements and product labels.

C. Lysol sprays shall not be stored in restrooms for employee use, however Lysol wipes maybe stored for employee use.

D. The Contractor shall provide all SDSs to the COR for coordination with the WAPA Safety and Environment offices.

Contractor shall store a copy of all SDSs in janitorial closets.

E. The COR shall be sure to provide SDS’ to the safety department for review.

F. If cleaning supplies are moved to a secondary container that container must be labeled using the Global

Harmonization System (GHS).

8. ENVIRONMENTAL REQUIREMENTS

A. The Contractor shall implement procedures to prevent spills of cleaning products. In the event that a spill or leak results in the generation of a hazardous waste, the Contractor shall notify the COR on the contract and WAPA environmental compliance for disposal instructions. The Contractor shall ensure employees are properly trained on the hazards associated with all the materials they work with, and that they are familiar with any emergency procedures that should be followed in the event of a spill or leak of any of those materials.

B. The Contractor shall ensure all cleaning products used meet applicable Federal, State, and local regulations. One example of an applicable requirement is that many products are regulated for VOC limits by local air districts.

WAPA environmental compliance is available to assist the Contractor to find the applicable requirements.

(End of Performance Work Statement)

Section G - Contract Administration Data

DOE-G-2001 CONTRACTING OFFICER AUTHORITY (OCT 2014)

The Contracting Officer is responsible for administration of the contract. The Contracting Officer may appoint a Contracting Officer’s Representative (COR), in accordance with the clause entitled Contracting Officer’s Representative, to perform specifically delegated functions. The Contracting Officer is the only individual who has the authority on behalf of the Government, among other things, to take the following actions under the contract:

(a) Assign additional work within the general scope of the contract.

(b) Issue a change in accordance with the clause entitled Changes.

(c) Change the cost or price of the contract.

(d) Change any of the terms, conditions, specifications, or services required by the contract.

(e) Accept non-conforming work.

(f) Waive any requirement of the contract.

(End of Clause)

DOE-G-2002 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (OCT 2014)

Pursuant to the clause at DEAR 952.242-70, Technical Direction, the CO shall designate in writing a COR for this contract, and provide a copy of such designation to the contractor, including the delegated responsibilities and functions. The COR does not have authority to perform those functions reserved exclusively for the CO.

DOE-G-2003 CONTRACTOR’S PROGRAM MANAGER (OCT 2014)

(a) The Contractor shall designate a Program Manager who will be the Contractor's authorized supervisor for technical and administrative performance of all work hereunder. The Program Manager shall be the primary point of contact between the Contractor and the Contracting Officer's Representative (COR) under this contract.

(b) The Program Manager shall receive and execute, on behalf of the Contractor, such technical directions as the COR may issue within the terms and conditions of the contract.

(End of Clause)

DOE-G-2008 NON-SUPERVISION OF CONTRACTOR EMPLOYEES (OCT 2014)

The Government shall not exercise any supervision or control over Contractor employees performing services under this contract. The Contractor's employees shall be held accountable solely to the Contractor's management, who in turn is responsible for contract performance to the Government.

(End of Clause)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM

(IPP)

In accordance with Office of Management and Budget Memorandum M-15-19, effective April 1, 2018, all payment requests must be submitted electronically. WAPA has selected the U. S. Department of the Treasury's Invoice Processing Platform System (IPP) as its electronic invoicing system.

The IPP website is: https://www.ipp.gov.

The Contractor must register for IPP access and use IPP to submit payment requests. "Payment request" includes any Contractor request for contract financing or invoice payment.

The Contractor must submit electronic invoices and upload all relevant back-up documentation as an attachment when requesting payment through IPP. IPP payment requests must comply with contract financing and/or payment clauses to constitute a proper invoice.

The Contractor’s System for Award Management Accounts Receivable point of contact will receive IPP enrollment instructions via e-mail from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Enrollment assistance can be obtained by contacting the IPP Helpdesk by e-mail (ippgroup@bos.frb.org) or phone (866) 973-3131.

Section H - Special Contract Requirements

DOE-H-2010 SUSTAINABLE ACQUISITIONS UNDER JANITORIAL SERVICES CONTRACTS (JUL

2018)

The Department of Energy is committed to efficiently managing its facilities in a manner that will promote the natural environment and protect the health and wellbeing of its Federal employees and contractor service providers.

It is anticipated that the contractor will use Affirmative Procurement Program materials for this service contract.

This will include paper products containing recovered material as designated by the Environmental Protection Agency. Additional information on this program may be found at http://www.usda.gov/biopreferred. This also includes use of biobased cleaning supplies designated by the United States Department of Agriculture (USDA) under the BioPreferred Products Program. Additional information about this program may be found at http://www.biopreferred.gov/ . While no formal reporting is required by the contractor, the Department is required to provide an annual report on such matters and may request information regarding estimates of the quantities of such materials used under the contract.

As part of this solicitation, the offeror will be asked elsewhere to submit these certifications:

52.223-1 Biobased Product Certification (Dec 2007)

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (MAY 2008)

In case of an apparent inconsistency between this provision and any specification elsewhere in the contract, consult the contracting officer for resolution.

(End of Clause)

DOE-H-2033 ALTERNATIVE DISPUTE RESOLUTION (OCT 2014)

(a) The DOE and the Contractor both recognize that methods for fair and efficient resolution of contractual issues in controversy by mutual agreement are essential to the successful and timely completion of contract requirements.

Accordingly, DOE and the Contractor shall use their best efforts to informally resolve any contractual issue in controversy by mutual agreement. Issues of controversy may include a dispute, claim, question, or other disagreement. The parties agree to negotiate with each other in good faith, recognizing their mutual interests, and attempt to reach a just and equitable solution satisfactory to both parties.

(b) If a mutual agreement cannot be reached through negotiations within a reasonable period of time, the parties may use a process of alternate dispute resolution (ADR) in accordance with the clause at FAR 52.233-1, Disputes. The ADR process may involve mediation, facilitation, fact-finding, group conflict management, and conflict coaching by a neutral party. The neutral party may be an individual, a board comprised of independent experts, or a company with specific expertise in conflict resolution or expertise in the specific area of controversy. The neutral party will not render a binding decision, but will assist the parties in reaching a mutually satisfactory agreement. Any opinions of the neutral party shall not be admissible in evidence in any subsequent litigation proceedings.

(c) Either party may request that the ADR process be used. The Contractor shall make a written request to the Contracting Officer, and the Contracting Officer shall make a written request to the appropriate official of the Contractor. A voluntary election by both parties is required to participate in the ADR process. The parties must agree on the procedures and terms of the process, and officials of both parties who have the authority to resolve the issue must participate in the agreed upon process.

(d) ADR procedures may be used at any time that the Contracting Officer has the authority to resolve the issue in controversy. If a claim has been submitted by the Contractor, ADR procedures may be applied to all or a portion of the claim. If ADR procedures are used subsequent to issuance of a Contracting Officer’s final decision under the clause at FAR 52.233-1, Disputes, their use does not alter any of the time limitations or procedural requirements for filing an appeal of the Contracting Officer’s final decision and does not constitute reconsideration of the final decision.

(e) If the Contracting Officer rejects the Contractor’s request for ADR proceedings, the Contracting Officer shall provide the Contractor with a written explanation of the specific reasons the ADR process is not appropriate for the resolution of the dispute. If the Contractor rejects the Contracting Officer’s request to use ADR procedures, the Contractor shall provide the Contracting Officer with the reasons for rejecting the request.

(End of Clause)

DOE-H-2034 CONTRACTOR INTERFACE WITH OTHER CONTRACTORS AND/OR GOVERNMENT

EMPLOYEES (OCT 2014)

The Government may award contracts to other Contractors for work to be performed at a DOE-owned or controlled site or facility. The Contractor shall cooperate fully with all other on-site DOE contractors and Government employees. The Contractor shall coordinate its own work with such other work as may be directed by the Contracting Officer or a duly authorized representative. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor or by a Government employee.

DOE-H-2044 MATERIAL SAFETY DATA SHEET AVAILABILITY (OCT 2014)

In implementation of the clause at FAR 52.223-3, Hazardous Material Identification and Material Safety Data, the Contractor shall obtain, review and maintain a Material Safety Data Sheet (MSDS) in a readily accessible manner for each hazardous material (or mixture containing a hazardous material) ordered, delivered, stored or used; and maintain an accurate inventory and history of use of hazardous materials at each use and storage location. The MSDS shall conform to the requirements of 29 CFR 1910.1200(g).

(End of Clause)

DOE-H-2047 FEDERAL HOLIDAYS AND OTHER CLOSURES (OCT 2014)

(a) Designated Federal holidays. Federal employees observe the following Federal holidays:

(1) New Year’s Day

(2) Birthday of Martin Luther King, Jr.

(3) Washington’s Birthday

(4) Memorial Day

(5) Independence Day

(6) Labor Day

(7) Columbus Day

(8) Veterans Day

(9) Thanksgiving Day

(10) Christmas Day

Generally, Federal holidays that fall on Saturday are observed on the preceding Friday; and holidays that fall on Sunday are observed on the following Monday. The exact calendar day and/or date on which any of the listed holidays are observed may change year to year.

(b) Other Federal Holidays. In addition to the holidays specified above in paragraph (a), Federal employees may observe other holidays designated by Federal Statute, Executive Order, or Presidential Proclamation as a one-time, day-off such as Inauguration Day for the President of the United States.

(c) Unscheduled closures. Occasionally, an individual Federally-owned or -controlled site or facility will be closed or have an early closure on a normal work day for other reasons such as inclement weather or facility conditions. If an unplanned closure occurs, the Contractor will be notified as soon as possible after the determination that the Federally-owned or -controlled site or facility will be closed.

(d) The Contractor shall provide the services required by the contract at Federally-owned or –controlled sites or facilities on all regularly scheduled Federal work days and other days as may be required by the contract. The Contractor shall not provide the services required by the contract on those days, or portions thereof, specified in paragraphs (a), (b) and (c), except as required under paragraph (e). Accordingly, the Contractor’s employees, whose regular duty station in performance of this contract is a Federally-owned or controlled site or facility, shall not be granted access to the facility during those times specified in paragraphs (a), (b) and (c), unless required by paragraph

(e) below.

(e) There may be times that the Contractor is required to perform the services required by the contract on a Federal holiday or other closure times. In the event that such performance is required, the Contracting Officer will notify the Contractor, in writing, and specify the extent to which performance of the contract will be required. The Contractor shall provide sufficient personnel to perform the contractually-required work on those days, as directed by the Contracting Officer.

(f) In accordance with the payment and other applicable clauses of the contract, the Government will not pay the Contractor for its employees’ regularly scheduled work hours not actually provided directly in performance of the contract due to an unscheduled closure as contemplated in paragraphs (b) and (c) above.

(End of Clause)

DOE-H-2059 PRESERVATION OF ANTIQUITIES, WILDLIFE AND LAND AREAS (OCT 2014)

(a) Federal Law provides for the protection of antiquities located on land owned or controlled by the Government.

Antiquities include Indian graves or campsites, relics and artifacts. The Contractor shall control the movements of its personnel and its subcontractor's personnel at the job site to ensure that any existing antiquities discovered thereon will not be disturbed or destroyed by such personnel. It shall be the duty of the Contractor to report to the Contracting Officer the existence of any antiquities so discovered.

(b) The Contractor shall also preserve all vegetation (including wetlands) except where such vegetation must be removed for survey or construction purposes. Any removal of vegetation shall be in accordance with the terms of applicable habitat mitigation plans and permits. Furthermore, all wildlife must be protected consistent with programs approved by the Contacting Officer.

(c) Except as required by or specifically provided for in other provisions of this contract, the Contractor shall not perform any excavations, earth borrow, preparation of borrow areas, or otherwise disturb the surface soils within the job site without the prior approval of DOE or its designee.

(End of Clause)

DOE-H-2076 LOBBYING RESTRICTIONS (OCT 2014)

The Contractor agrees that none of the funds obligated on this award shall be expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. § 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation.

(End of Clause)

WES-H-2011 FOREIGN VISITORS AND CONTRACT EMPLOYEES (MAY 2018)

The Contractor must receive prior, written approval from WAPA’S Personnel Security Office before any non-U.S.

Citizens (Foreign Nationals) visit or work at any WAPA facility. WAPA’s Personnel Security Office will verify that:

(1) Each of the contractors working under this contract that may visit or be assigned to work at any WAPA facility is a U.S. Citizen, or;

(2) The Contractor shall provide an accurately completed Foreign National Data Card, WAPA Form 3000-72, attached to WAPA’s Standard Operating Procedures (SOP), found at https://www.wapa.gov/DoingBusiness/SellingToWestern/Pages/what-western-buys.aspx, for each of their Foreign National employees that may visit or work at any WAPA facility. The Contractor shall forward the completed form to the COR at least 45 days in advance of each Foreign National employee's visit or their beginning work. Foreign National employees shall not be allowed on-site at any WAPA facility without prior approval of the cognizant WAPA Personnel Security Office. Circumstances which do not allow a 45 day notification require prior, written approval of the cognizant WAPA Personnel Security Office. The Contractor shall include this requirement in any subcontract it issues under this contract. WAPA reserves the right to remove any contract employee from WAPA’s property pending the conclusion of the Foreign National background check.

(End of Clause)

WES-H-2012 SECURITY PROCESSING FOR SERVICE CONTRACTOR AND SUBCONTRACTOR

PERSONNEL WORKING ON A WESTERN AREA POWER ADMINISTRATION SITE (MAY 2018)

(a) The performance of this contract requires that employees of the Contractor, and in some cases a Subcontractor, have access to WAPA owned or leased facilities. The Contractor shall adhere to WAPA’s prescribed process for granting access to Contractor and Subcontractor personnel. WAPA’s processes are detailed in the Contractor Background Investigations Standard Operating Procedures (SOP), located at:

https://www.wapa.gov/DoingBusiness/SellingToWestern/Pages/what-western-buys.aspx

(b) The Contractor shall propose employees and Subcontractor employees whose background meets the requirements defined in the SOP.

(c) Contractor understands and agrees that WAPA may unilaterally deny a security badge and/or access to an individual employee and that the denial remains effective for that employee unless WAPA subsequently determines that access may be granted. Upon notice from WAPA that an employee’s application for a security badge is or will be denied, the Contractor shall promptly submit the forms as required by the SOP for the substitute employee. The denial of a security badge or access to an individual employee shall not be cause for extension of the period of performance of a Contract or the grounds for any contractor claim against WAPA. Probationary employment may commence prior to completion of the security investigation(s), however, continued employment will be subject to receipt of a successful adjudication. In the case of unfavorable adjudications, access of contractor/subcontractor employees is subject to the discretion of WAPA’s adjudicator.

(d) The Contractor shall return to the Contracting Officer or designee the badge(s) or other credential(s) provided by WAPA in accordance with the SOP.

(End of Clause)

WES-H-2014 SAFETY AND HEALTH - MODERATE RISK (MAY 2018)

In performing the work required by this contract, the Contractor shall comply with all applicable Federal, State, or local safety, health, or industrial safety codes including the latest effective standards promulgated by the Department of Labor, Occupational Safety and Health Administration; Safety and Health Standards 29 CFR 1910, 29 CFR 1925;

and the Construction Safety and Health regulations promulgated under Section 107 of the Contract Work Hours and Safety Standards Act, 29 CFR 1926. If there is a conflict between the requirements of the applicable Federal, State, or local safety, health, or industrial safety codes, the more stringent requirements shall prevail. Prior to the performance of work involving the use of cranes, a copy of the crane inspection records, operators and riggers certifications, and completed on-site crane load test form shall be furnished to WAPA’s on-site representative. The United States is liable only for negligence on the part of its employees in accordance with the Federal Tort Claims Act, as amended. Prior to starting work, an on-site safety meeting shall be held with Western's representative to address and discuss safety procedures related to the work required.

Section I - Contract Clauses

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE. (JUL 2016)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS. (JUN 2016)

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (OCT 2018)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS - COMMERCIAL ITEMS. (AUG 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4))

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

X (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance,…