21. 89503221BWA000039.pdf

Department of Energy Western Area Power Administration

Rocky Mountain Customer Service Region P.O. Box 3700

Loveland, CO 80539-3003

Prospective Bidders: Date: 21 January 2021

The Department of Energy, Western Area Power Administration (WAPA), invites you to submit a bid for “Spence Substation Stage 02”, under Invitation for Bids (IFB) 89503221BWA000039. This solicitation is issued as a 100% Small Business Set-Aside. The estimated order of magnitude for this acquisition is $100,000 to $250,000. This letter is not an integral part of the IFB, which is a self-contained stand-alone document. In the event of any conflict between the contents of this letter and the enclosed IFB, the IFB language shall prevail.

NOTE: the Buy American Act applies to this solicitation. Refer to FAR Clause 52.225-9 (Section I) and FAR Provision 52.225-10 (Section L) if any non-domestic material will be proposed. Bidders must identify any non-domestic materials (not manufactured in United States) included in their bid. Please check with your suppliers and subcontractors to verify whether or not their quotes include non-domestic material.

This IFB consists of Section A, Standard Form (SF) 1442, and Sections B to M, including Attachments listed in Section J.

Bid prices are to be shown in Section B and bidders are advised to inspect Sections F, G, H, K, L, and M for other information that may be required. Bidders must submit as a minimum: (1) One originally signed and dated copy of the SF 1442; (2) Section B bid prices; (3) Sections F, G, H, K, L and M (if information has been requested of the bidder); (4) Any other documentation required by the IFB. Electronic bids are required and shall be submitted through FedConnect only. The bid opening will take place IAW the information set forth on the SF1442.

Bidders are advised to submit only bids meeting all the performance and design requirements of the specifications and drawings, and the delivery requirements in Section F. In no event shall telephone discussions be construed as changes to the solicitation or place conditions on the solicitation. Only written amendment(s) to the solicitation issued by the Contracting Officer shall constitute a change to the solicitation or specifications.

Sealed bids must be received via FedConnect as shown in Block 10 of the SF 1442 by the date and time indicated in Block 13. Bids received after this date and time will be handled in accordance with the paragraph titled “Late Submissions, Modifications, and Withdrawals of Bids,” Section L of the IFB.

Note: When a bidder submits its Bid Bond and the Bid Bond is supported or backed by a Small Business Administration (SBA) Guarantee Loan, the bidder must submit a copy of the SBA Guarantee Loan agreement along with their bid package. Original signatures are required on bid bonds submitted to meet bonding requirements.

Sincerely, Benjamin Siltman Contracting Officer

Enclosure:

Invitation for Bids

SECTION B

SUPPLIES OR SERVICES AND PRICES

BIDDING SCHEDULE

SPENCE SUBSTATION, STAGE 02

CLIN Work or Material Estimated Quantity Unit Unit Price Amount

0001 Mobilization and preparatory work (Not to exceed 5% of TOTAL. See Section H and M.)

LS $ _

0002 Demolition (see note#1 below) 40 CY $ _

0003 Concrete foundations 41 CY $ $ _

0004 Cable trenches LS $ _

0005 Existing outdoor electrical equipment and material

LS $ _

TOTAL $ _

ABBREVIATIONS

Note#1:

CLIN = Contract Line Item Number

CY = cubic yards LS = for the lump sum of LB = pounds

Demolitions includes the removal and disposal of concrete foundations AND all equipment, propane tanks, control panels, structures and buildings attached to the concrete foundations. Demolition also includes contents of the building.

NOTE: the Buy American Act applies to this solicitation. Refer to FAR Clause 52.225-9 (Section I) and FAR Provision 52.225-10 (Section L) if any non-domestic material will be proposed. Bidders must identify any non-domestic materials (not manufactured in United States) included in their bid. Please check with your suppliers and subcontractors to verify whether or not their quotes include non-domestic material.

Siltman Highlight

Siltman Highlight

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

21WA138355

WAPA (RMR)

US DOE/WESTERN AREA POWER

ROCKY MOUNTAIN REGIONAL OFFICE

5555 E. CROSSROADS BLVD

RMR

LOVELAND CO 80539-8986

Benjamin Siltman 970-461-7630 x

01/21/2021

89503221BWA000039

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

SPENCE SUBSTATION STAGE 02

89503221BWA000039

21 JANUARY 2021

100% SMALL BUSINESS SET-ASIDE

Note: The Government intends to issue a "Notice to Proceed" on or about 10 days following contract award.

The opening of the bids will take place virtually the day after the date and time listed for receipt of offers in block 13. The bid opening will commence via

Microsoft Teams Meeting on 24 February 2021 at 1300 MT IAW FAR 14.102-3(a) and FAR

14.102-3(a)(2).

Microsoft Meeting:

Call In Number: 720-738-1532

Phone Conference ID: 811 431 580#

The bid opening is hereby limited to one representative per bidder.

For Block 17: See Section B - Bid Schedule Supplies - Bid Schedule Supplies of

Continued ...

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 150 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F, Clause 52.211-10

02/23/2021

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

WAPA (RMR)

US DOE/WESTERN AREA POWER

ROCKY MOUNTAIN REGIONAL OFFICE

5555 E. CROSSROADS BLVD

RMR

LOVELAND CO 80539-8986

Benjamin R. Siltman

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

01/21/2021

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 40

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

89503221BWA000039

Service or Price/Costs.

Contracting Officer Email: siltman@wapa.gov

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Section C - Description/Specifications Clauses

DOE-C-2001 STATEMENT OF WORK (OCT 2014)

Section E - Inspection and Acceptance Clauses

DOE-E-2001 INSPECTION AND ACCEPTANCE (OCT 2014)

Section F - Deliveries or Performance Clauses

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK. (APR 1984)

52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION. (SEP 2000)

Section G - Contract Administration Data Clauses

WES-G-2001 ADMINISTRATIVE TIME FOR COMPLETION OF DRAWINGS (WAPA, JAN 2008)

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

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

DOE-G-2004 CONTRACT ADMINISTRATION (OCT 2014)

Section H - Special Contract Requirements Clauses

WES-H-2001 RETAINAGE/HOLDBACK FOR UNDELIVERED DATA (WAPA, APR 2009)

WES-H-2002 REQUIRED INSURANCE - POLLUTION LIABILITY (WAPA, FEB 2008)

WES-H-2007 MOBILIZATION AND PREPARATORY WORK (WAPA, MAY 2018)

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

WES-H-2015 SAFETY AND HEALTH – HIGH RISK (WAPA, MAY 2018)

WES-H-2023 LIMITATION OF COSTS RESULTING FROM SUBCONTRACTING PRICE ADJUSTMENTS (WAPA, FEB 2008)

DOE-H-2012 SUSTAINABLE ACQUISITIONS UNDER DOE CONSTRUCTION CONTRACTS (JUL 2018)

DOE-H-2013 CONSECUTIVE NUMBERING (OCT 2014)

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-2052 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF THE OFFEROR (OCT 2014)

DOE-H-2076 LOBBYING RESTRICTIONS (NOV 2018)

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

Section I - Contract Clauses Clauses

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS-REPRESENTATION. (JAN 2017)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS. (JAN 2017)

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

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR

PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES. (JUL 2018)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT. (AUG 2019)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS. (NOV 2015)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE. (NOV 2011)

52.219-14 LIMITATIONS ON SUBCONTRACTING. (MAR 2020)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION. (NOV 2020)

52.222-3 CONVICT LABOR. (JUN 2003)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-SECONDARY SITE OF THE WORK. (MAY 2014)

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS. (AUG 2018)

52.222-7 WITHHOLDING OF FUNDS. (MAY 2014)

52.222-8 PAYROLLS AND BASIC RECORDS. (AUG 2018)

52.222-9 APPRENTICES AND TRAINEES. (JUL 2005)

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS. (FEB 1988)

52.222-11 SUBCONTRACTS (LABOR STANDARDS). (MAY 2014)

52.222-12 CONTRACT TERMINATION - DEBARMENT. (MAY 2014)

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS.

(MAY 2014)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS. (FEB 1988)

52.222-15 CERTIFICATION OF ELIGIBILITY. (MAY 2014)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES. (APR 2015)

52.222-26 EQUAL OPPORTUNITY. (SEP 2016)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION. (APR 2015)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS. (OCT 2015)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES. (JUL 2014)

52.222-37 EMPLOYMENT REPORTS ON VETERANS. (FEB 2016)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT. (DEC 2010) ...18

52.222-50 COMBATING TRAFFICKING IN PERSONS. (JAN 2019)

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658. (DEC 2015)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706. (JAN 2017)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS. (SEP 2013)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA. (JAN 1997)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION. (MAY 2011)

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS. (MAY 2008) 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION

CONTRACTS. (AUG 2018)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING. (AUG 2011) 52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS-REPRESENTATION.

(DEC 2016)

52.225-9 BUY AMERICAN - CONSTRUCTION MATERIALS. (MAY 2014)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008)

52.227-1 AUTHORIZATION AND CONSENT. (DEC 2007)

52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS. (DEC 2007)

52.228-1 BID GUARANTEE. (SEP 1996)

52.228-2 ADDITIONAL BOND SECURITY. (OCT 1997)

52.228-11 PLEDGES OF ASSETS. (AUG 2018)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS. (MAY 2014)

52.228-14 IRREVOCABLE LETTER OF CREDIT. (NOV 2014)

52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION. (OCT 2010)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS. (MAY 2014)

52.232-23 ASSIGNMENT OF CLAIMS. (MAY 2014)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS. (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD MANAGEMENT. (OCT 2018)

52.232-36 PAYMENT BY THIRD PARTY. (MAY 2014)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS. (DEC 2013)

52.233-1 DISPUTES. (MAY 2014) - ALTERNATE I (DEC 1991)

52.233-3 PROTEST AFTER AWARD. (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004)

52.236-2 DIFFERING SITE CONDITIONS. (APR 1984)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK. (APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP. (APR 1984)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR. (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES. (NOV 1991)

52.236-8 OTHER CONTRACTS. (APR 1984)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS.

(APR 1984)

52.236-10 OPERATIONS AND STORAGE AREAS. (APR 1984)

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION. (APR 1984)

52.236-12 CLEANING UP. (APR 1984)

52.236-13 ACCIDENT PREVENTION. (NOV 1991) - ALTERNATE I (NOV 1991)

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES. (APR 1984)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS. (APR 1984)

52.236-17 LAYOUT OF WORK. (APR 1984)

52.236-26 PRECONSTRUCTION CONFERENCE. (FEB 1995)

52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS. (JAN 2017)

52.242-14 SUSPENSION OF WORK. (APR 1984)

52.243-5 CHANGES AND CHANGED CONDITIONS. (APR 1984)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS. (JAN 2019)

52.246-12 INSPECTION OF CONSTRUCTION. (AUG 1996)

52.246-21 WARRANTY OF CONSTRUCTION. (APR 1984)

52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM). (APR 1984)...26

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

52.253-1 COMPUTER GENERATED FORMS. (JAN 1991)

952.202-1 DEFINITIONS

Section J - List of Documents, Exhibits and Other Attachments List of Documents, Exhibits, and Other Attachments Clauses

Section K - Representations, Certifications, and Other Statements of Bidders Clauses

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (MAR 2020)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT. (DEC 2019)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION. (NOV 2015) 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW. (FEB 2016)

52.223-4 RECOVERED MATERIAL CERTIFICATION. (MAY 2008)

Section L - Instructions,Conditions, and Notices to Bidders Clauses

52.204-7 SYSTEM FOR AWARD MANAGEMENT. (OCT 2018)

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

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

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS. (DEC 2014)

52.204-20 PREDECESSOR OF OFFEROR. (AUG 2020)

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS. (DEC 2016)

52.214-4 FALSE STATEMENTS IN BIDS. (APR 1984)

52.214-5 SUBMISSION OF BIDS. (DEC 2016)

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS. (APR 1984)

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS. (NOV 1999)

52.214-18 PREPARATION OF BIDS - CONSTRUCTION. (APR 1984)

52.214-19 CONTRACT AWARD - SEALED BIDDING - CONSTRUCTION. (AUG 1996)

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE. (APR 1991)

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY. (APR 1991)

52.216-1 TYPE OF CONTRACT. (APR 1984)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR CONSTRUCTION. (FEB 1999)

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT - CONSTRUCTION MATERIALS. (MAY 2014)

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

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS. (NOV 2020)

952.233-2 SERVICE OF PROTEST

WES-L-2004 CONTRACTOR'S CONTRACT ADMINISTRATION (WAPA, FEB 2008)

WES-L-2003 QUESTIONS CONCERNING THE SOLICITATION (WAPA, MAR 2002)

DOE-L-2014 DATE, TIME, AND PLACE OFFERS ARE DUE (OCT 2015)

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

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

DOE-L-2019 SITE VISIT (OCT 2015)

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

BUSINESS STATUS (OCT 2015)

DOE-L-2022 ALTERNATE BID/PROPOSAL INFORMATION - NONE (OCT 2015)

DOE-L-2026 SERVICE OF PROTEST (OCT 2015)

DOE-L-2027 NOTICE OF PROTEST FILE AVAILABILITY (OCT 2015)

DOE-L-2028 AGENCY PROTEST REVIEW (OCT 2015)

Section M - Evaluation Factors for Award Clauses

WES-M-2001 AWARD ON AN ALL OR NONE BASIS (WAPA, NOV 1995)

WES-M-2002 UNBALANCED BIDS – MOBILIZATION AND PREPARATORY WORK (WAPA, MAY 2018)

Section C - Description/Specifications

Clauses

DOE-C-2001 STATEMENT OF WORK (OCT 2014)

See Attachment A - Specifications

(End of Clause)

Section E - Inspection and Acceptance

Clauses

DOE-E-2001 INSPECTION AND ACCEPTANCE (OCT 2014)

Inspection and acceptance of all items under this contract shall be accomplished by the Contracting Officer in accordance with the clause entitled FAR 52.246-12 Inspection of Construction. If the Contracting Officer assigns this responsibility to the Contracting Officer's Representative or another representative of the Government, the Contracting Officer shall notify the Contractor in writing.

(End of Clause)

Section F - Deliveries or Performance

Clauses

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 150 calendar days after notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION. (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,941.32 for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

Section G - Contract Administration Data

Clauses

WES-G-2001 ADMINISTRATIVE TIME FOR COMPLETION OF DRAWINGS (WAPA, JAN 2008)

a. The contractor is authorized up to 60 calendar days after the contract completion date to complete and submit final drawings, operation and maintenance manuals, and any other data required by the contract.

b. This period noted above is strictly for administrative purposes and is not an extension of the actual performance period of the contract. Liquidated damages are not applicable to this period.

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 (OCT 2014)

Pursuant to the clause at DEAR 952.242-70, Technical Direction, the Contracting Officer shall designate in writing a Contracting Officer's Representative (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 Contracting Officer.

(End of Clause)

DOE-G-2004 CONTRACT ADMINISTRATION (OCT 2014)

To promote timely and effective contract administration, correspondence delivered to the Government under this contract shall reference the contract number, title, and subject matter, and shall be subject to the following procedures:

(a) Technical correspondence. Technical correspondence shall be addressed to the Contracting Officer's Representative (COR) for this contract, and a copy of any such correspondence shall be sent to Benjamin Siltman. As used herein, technical correspondence does not include correspondence where patent or rights in data issues are involved, nor technical correspondence which proposes or involves waivers, deviations, or modifications to the requirements, terms or conditions of this contract.

(b) Other Correspondence.

(1) Correspondence regarding patent or rights in data issues should be sent to the Intellectual Property Counsel. A copy of such correspondence shall be provided to Benjamin Siltman.

(2) If no Government Contract Administration Office is designated on Standard Form 33 (Block 24) or Standard Form 26 (Block 6), all correspondence, other than technical correspondence and correspondence regarding patent or rights in data, including correspondence regarding waivers, deviations, or modifications to requirements, terms or conditions of the contract, shall be addressed to the Contracting Officer. Copies of all such correspondence shall be provided to the COR.

(3) Where a Government Contract Administration Office, other than DOE, is Designated on either Standard Form 33 (Block 24), or Standard Form 26 (Block 6), of this contract, all correspondence, other than technical correspondence, shall be addressed to the Government Contract Administration Office so designated, with copies of the correspondence to the Contracting Officer and the COR.

(c) Information regarding correspondence addresses and contact information is as follows:

(1) Contract Specialist:

(A) Benjamin Siltman

(B) Telephone number: 970-461-7630

(C) Address: 5555 E. Crossroads Blvd, Loveland, CO 80538

(D) Email address: siltman@wapa.gov

(2) Contracting Officer:

(A) Benjamin Siltman

(B) Telephone number: 970-461-7630

(C) Address: 5555 E. Crossroads Blvd, Loveland, CO 80538

(D) Email address: siltman@wapa.gov

(3) Contracting Officer's Representative:

(A) To be determined at time of award

(B) Telephone number: To be determined at time of award

(C) Address: To be determined at time of award

(D) Email address: To be determined at time of award

(4) Intellectual Property Counsel:

(A) Not Applicable

(B) Telephone number: Not Applicable

(C) Address: Not Applicable

(D) Email address: Not Applicable

(5) Government Contract Administration Office Not Applicable

(A) Name: Not Applicable

(B) Telephone number: Not Applicable

(C) Mailing address: Not Applicable

(D) Email address: Not Applicable

(End of Clause)

Section H - Special Contract Requirements

Clauses

WES-H-2001 RETAINAGE/HOLDBACK FOR UNDELIVERED DATA (WAPA, APR 2009)

The Government may retain/holdback up to ten (10) percent of the above line items total amount, as shown in Schedule B of the contract, until all deliverable data has been delivered and accepted, and final payment will not be made until all final drawings, as-builts, operation and maintenance manuals, and any other data required under the contract have been delivered to and accepted by the Government.

WES-H-2002 REQUIRED INSURANCE - POLLUTION LIABILITY (WAPA, FEB 2008)

a. The Contractor shall procure and maintain during the entire period of its performance under this contract the following minimum insurance:

(1) Workman's compensation. In accordance with the laws of the state where work is being performed, including Occupational Disease Coverage and Employees Liability Coverage.

(2) Unless otherwise authorized by the contracting officer, all policies shall have appropriate language waiving all subrogation rights against the Government.

b. The Contractor shall procure and maintain Pollution Liability Insurance for accidental discharge of toxic and/or hazardous material.

Such insurance shall have limits of not less than one million dollars ($1,000,000) per occurrence. This paragraph is applicable to the prime contractor and any subcontractor dealing with hazardous or toxic waste for the period that hazardous and/or toxic waste is being disposed of or otherwise handled.

c. Prior to the commencement of work, the Contractor shall furnish a copy of the above-required insurance to the Contracting Officer.

The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed, and in no event less than thirty (30) days after written notice is given to the Contracting Officer.

d. The contractor agrees to insert the substance of this clause, including this paragraph (d), in any subcontracts issued under this contract.

WES-H-2007 MOBILIZATION AND PREPARATORY WORK (WAPA, MAY 2018)

a. General. Mobilization and preparatory work may include movement of personnel, equipment, supplies, and incidentals to the project site; establishment of offices, buildings, plants and other facilities at the project site; necessary costs for acquisition of equipment; and for any other work which must be performed incident to the start of construction at the site.

b. Facilities, plants, and equipment required for this project that are established at, or brought to, the worksite are subject to the provisions of this clause unless the Contracting Officer specifically excludes, in writing, a particular item or items. The contractor is solely responsible for the adequacy, efficiency, use, protection, maintenance, repair, and preservation of all its facilities, plants, and equipment. The facilities, plants, and equipment covered by this paragraph shall not be dismantled or removed from the worksite prior to completion of the work specified in the contract without the written permission of the Contracting Officer.

c. Payment. Payment for mobilization and preparatory work will be made at the lump sum price specified in Section B of the contract.

Progress payments for mobilization and preparatory work will be made as follows:

(1) When 5__percent of the total amount of the original contract is earned from other schedule items, 50__percent of the amount agreed upon for mobilization and preparatory work will be paid.

(2) When 10__percent of the total amount of the original contract is earned from other schedule items, the balance of the amount agreed upon for mobilization and preparatory work will be paid.

d. Progress payments for mobilization and preparatory work shall be subject to retainage as provided by FAR 52.232-5, “Payments Under Fixed-Price Construction Contracts.” In addition, the line item for mobilization and preparatory work will not be considered to be a separate division of the work, completion of which would permit the payment of the complete item price without retention.

WES-H-2011 FOREIGN VISITORS AND CONTRACT EMPLOYEES (WAPA, 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 Western Area Power Administration (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 the 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-2015 SAFETY AND HEALTH – HIGH RISK (WAPA, 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.

In addition, the contractor agrees to the following requirements:

(1) A hazard evaluation will be developed for each major work component.

(2) A safety meeting will be held to discuss potential hazards and their mitigation before work begins.

(3) The Contractor agrees that Western has the right to remove any supervisor that does not adhere to said requirements.

(End of Clause)

WES-H-2023 LIMITATION OF COSTS RESULTING FROM SUBCONTRACTING PRICE ADJUSTMENTS (WAPA, FEB 2008)

a. When contract price adjustments are allowed for performance wholly or substantially by subcontractors or suppliers, the Government will reimburse the prime contractor for actual associated indirect costs and profit up to a maximum adjustment of 10% of the total adjustment allowed for the subcontractor or supplier.

b. Where more than one tier of subcontractors or suppliers are involved in contract performance, the total allowance for the prime contractor's indirect cost and profit shall not exceed 10% of the total adjustment allowed for all subcontractors or suppliers who wholly or substantially perform the work.

DOE-H-2012 SUSTAINABLE ACQUISITIONS UNDER DOE CONSTRUCTION CONTRACTS (JUL 2018)

The Department of Energy is committed to efficiently managing its facilities in an environmentally preferable manner. While performing work under this contract, the Contractor shall exert its best efforts to provide its services in a manner that will promote the natural environment and protect the health and wellbeing of Federal and contract employees at the facility. Sustainable acquisition or environmentally preferable contracting has several interacting initiatives. The following resources provide more information:

• Recycled Content Products are described at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

• Biobased Products are described at https://www.biopreferred.gov/

• Energy efficient products are at https://energystar.gov/products for Energy Star products

• Energy efficient products are at https://www.energy.gov/eere/femp/energy-efficient-products-and-energy-saving-technologies for FEMP designated products

• Environmentally Preferable Computers are at https://www.epeat.net

• Non-Ozone Depleting Alternative Products are at https://www.epa.gov/ozone-layer-protection

• Water efficient plumbing products are at https://epa.gov/watersense

To the extent that the services provided by the Contractor require provision of any of the above types of products, the Contractor is expected to provide the sustainable, environmentally preferable type of product unless that type of product is not available competitively within a reasonable time, at a reasonable price, is not life cycle cost efficient in the case of energy consuming products, or does not meet reasonable performance standards. The clauses at FAR 52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts, 52.223-15, Energy Efficiency in Energy-Consuming Products, and 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (in Section I of this contract) require the use of products that have biobased content, are energy efficient, or have recycled content.

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-2013 CONSECUTIVE NUMBERING (OCT 2014)

Due to automated procedures employed in formulating this document, clauses and provisions contained within may not always be consecutively numbered.

(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 maybe 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.

(End of Clause)

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-2052 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF THE OFFEROR (OCT 2014)

The following additional contractor Representations, Certifications and Other Statements are hereby incorporated into the contract by reference:

To be provided at the time of award.

(End of Clause)

DOE-H-2076 LOBBYING RESTRICTIONS (NOV 2018)

In accordance with 18 U.S.C. § 1913, 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. This restriction is in addition to those prescribed elsewhere in statute and regulation.

(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)

Section I - Contract Clauses

Clauses

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS-REPRESENTATION. (JAN 2017)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS. (JAN 2017)

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

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR

PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES. (JUL 2018)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT. (AUG 2019)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS. (NOV 2015)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE. (NOV 2011)

52.219-14 LIMITATIONS ON SUBCONTRACTING. (MAR 2020)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to-

(1) Contracts that have been set aside for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;

(3) Orders set aside for small business concerns or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and

(4) Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).

(c) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of the contract in the case of a contract for-

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(d) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraph (b)(1) and (2) of this clause-

(Contracting Officer check as appropriate.)

[ ] By the end of the base term of the contract and then by the end of each subsequent option period; or

[ ] By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.

(End of clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION. (NOV 2020)

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern-

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph

(b) and (c) of this clause by validating or updating all its representations in the Representations and…