Sol_89503227QWA000758.pdf
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- Attached to
- BUSHNELL-KIMBALL LINE HARDWARE
- Solicitation number
- 89503227QWA000758
About this file
This is a Solicitation/Contract/Order for Commercial Products and Commercial Services (Standard Form 1449) issued by the Western Area Power Administration (WAPA), Rocky Mountain Region (RMR).
WAPA seeks quotes for electrical hardware parts identified within line-item descriptions. The solicitation number is 89503227QWA000758, with an offer due date of November 18, 2026, at 1000 ES. The requirement is set aside 100 percent for small business concerns. The acquisition is unrestricted and uses a Request for Quote (RFQ) method of solicitation. Prices shall be quoted FOB destination to Loveland, Colorado, and award will be made on a lowest-price basis. Delivery is scheduled for May 3, 2027, and must occur between 0830–1430 MDT, Monday through Thursday only, excluding federal holidays and Fridays. Contractors must provide at least 72 hours' advance notice prior to delivery. The delivery point of contact is Brian Stewart at (970) 461-7369 or Jarrod Birdsall at (970) 461-7697. The contracting officer is Cody Martin, reachable at ctmartin@wapa.gov or (701) 221-4515. Questions must include the complete solicitation number in the email subject line.
The solicitation lists 30 line items for various electrical hardware components including staples, anchors, bands, plates, clamps, connectors, deadends, guy-grips, shackles, suspension clamps, armor rods, splice rods, vibration dampers, wire, and weights. Quantities range from 6 to 30,000 units depending on the item. Offerors quoting products other than the brand mentioned must include adequate descriptive literature and provide the country of manufacturer and delivery lead time; quotes lacking this information will not be considered. This is not a brand-name sole source procurement. All invoices must be submitted electronically through the Invoice Processing Platform System (IPP) at https://www.ipp.gov.
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WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3.AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE
. YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4.
FAR 52.212-3 AND 52.212-5 ARE ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH
AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND
ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED
DATED.
OFFER
ADDENDA
ADDENDA
89503227QWA000758
WAPA (RMR)
US DOE/WESTERN AREA POWER
RMR RECEIVING - WAREHOUSE
5555 E CROSSROADS BLVD
LOVELAND CO 80538-8986
WAPA (RMR)
US DOE/WESTERN AREA POWER
ROCKY MOUNTAIN REGIONAL OFFICE
5555 E. CROSSROADS BLVD
LOVELAND CO 80539-8986
Western Rocky Mountain Region
WAPA (RMR)
US DOE/Western Area Power 5555 E. Crossroads Blvd Loveland CO 80539-8986
11/18/2026 1000 ES
27WA163262
Cody Martin 701-221-4515
895032 100.00
RMR
Cody Martin
339999
11/05/2026
7J11
WESTERN AREA POWER ADMINISTRATION (WAPA), ROCKY
MOUNTAIN REGION (RMR), IS SEEKING QUOTES FOR -
ELECTRICAL HARDWARE PART NUMBERS LOCATED WITHIN
THE LINE-ITEM DESCRIPTIONS.
Continued...
STOCK RECORD (S/R)
STANDARD FORM 1449 (REV. 11/2021) BACK
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
ACCEPTED,
THIS REQUIREMENT IS SET ASIDE 100% FOR SMALL
BUSINESS.
THIS IS NOT A BRAND NAME SOLE SOURCE. IF
QUOTING OTHER THAN THE BRAND MENTIONED, YOU
MUST INCLUDE ADEQUATE DESCRIPTIVE LITERATURE
WITH YOUR QUOTE FOR WAPA TO COMPLETE A REVIEW
OF THE PRODUCT YOU ARE QUOTING. ALSO, YOU MUST
PROVIDE THE COUNTRY OF MANFACTURER AND DELIVERY
LEAD TIME. YOUR QUOTE WILL NOT BE CONSIDERED
IF THIS INFORMATION IS NOT INCLUDED.
PRICES OF ITEMS SHALL BE QUOTED FOB DESTINATION
TO LOVELAND, CO.
BASIS FOR AWARD IS LOWEST PRICE.
*** DELIVERY TIME SHALL BE BETWEEN THE HOURS OF
0830-1430 MDT. NO DELIVERIES SHALL BE ALLOWED
ON FRIDAYS, WEEKENDS, OR FEDERAL HOLIDAYS.
DELIVERIES WILL ONLY BE ALLOWED MONDAY -
THURSDAY. ***
*** MUST PROVDIE AT LEAST A 72 HOUR NOTICE
PRIOR TO DELIVERY. IF NOTICE ISN'T GIVEN, THEN
WAPA MAY NOT HAVE THE RESOURCES TO RECEIVE THE
DELIVERY. ***
*** POC AT DELIVERY LOCATION IS BRIAN STEWART @
(970) 461-7369 OR JARROD BIRDSALL @ (970)
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
NSN 7540-01-152-8067
461-7697 ***
SUBMIT ANY QUESTIONS TO CONTRACTING OFFICER,
CODY MARTIN, at CTMARTIN@WAPA.GOV. YOU MUST
INCLUDE THE COMPLETE SOLICITATION NUMBER IN THE
SUBJECT LINE OF YOUR EMAIL.
Delivery: 05/03/2027
00001 40 BXSTAPLES, 2" 9 GAUGE GALVANIZED STAPLES,
MILWAUKEE MPU2-960
00002 50 EAANCHOR, SQUARE SHANK, SCREW (LEAD SECTION),
3-1/2' L, HELIX COMBINATIONS 10"-12", AB
CHANCE P/N 012642EJ, MPS P/N D6634, STD PKG OF
00003 250 SEBAND, POLE TOP SPLIT (HUGHES) # 2845-B7, 10" -
13" POLE, WITH 7/8 HOLE
00004 350 EAPLATE, POLE BUTT GROUNDING, 10" DIA., BLACKBURN
T&B PRODUCTS, CATALOG #GP110, 50 PLATES PER
BUNDLE
00005 250 EACLAMP, SUSPENSION 1.00-1.47 ALUMINUM BODY
W/SOCKET FITTING ANDERSON #HAS-147SBNK FITS:
266.8 26/7 W/ARMOR ROD 715.5 61/0 W/ARMOR ROD
336.4 26/7 W/ARMOR ROD 795 24/7 W/O ARMOR ROD
397.5 26/7 W/ARMOR ROD 954 45/7 W/O ARMOR ROD
477 26/7 W/ARMO
00006 50 EAANCHOR, SQUARE SHANK, SCREW (LEAD SECTION),
5-1/2' L , HELIX COMBINATIONS 8"-10"-12", AB
CHANCE P/N 012642AEJ, STD PKG OF 1
00007 70 EAANCHOR EXTENSION, 5', CAT # 12656, AB CHANCE,
STD PKG OF 1
00008 70 EAANCHOR EXTENSION, 7', CAT # 12657, AB CHANCE
STD PKG OF 1
00009 70 EAGUY ADAPTER, TRIPLE EYE 70K, MACLEAN POWER
SYSTEMS, LIFTING EYE 12K, 11" OVERALL, SEAT DIA
1-5/8", GROOVE DIA 7/16",9/16",7/16", STD PK 5
EA, MPS CAT # D6606-US
00010 60 EAINSULATOR, GUY STRAIN, 30,000 FIBERGLASS ROD,
120" LONG, 131" C-C, HUGHES BROS P/N
CF695-120R2-BNK
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
00011 50 EADEADEND DOUBLE GUYING TEE , CURVED, HUGHES
BROS. AS2720-A4.5
00012 50 EADEADEND AND GUY TEE, SLED TEE, 15/16" HOLE, 6"
BOLT CENTERS WITH 45 DEGREE BEND, W/1-1/4" HOLE
(REAMED) HUGHES BROS. #2816-15
00013 300 EACONNECTOR, CABLE 8 SOL - 2/0 BURNDY #QGFL26B2T6
BARTAP CONNECTOR, HUBBELL P/N TLS32L
00014 50 EAGUY-GRIP, PREFORMED DEADEND 3/8" DIA GALV B
COATING 7 WIRE; CAT #GDE-1107 (50 PER BOX)
00015 50 EASHACKLE, ANCHOR 7/8" W-5/8" PIN, COTTER KEY &
NUT, HOT DIP GALV ANDERSON P/N AS25BNK
00016 400 EACONNECTOR, "Y" CLEVIS BALL TOWER FITTING,
3-1/4" C TO C, 3/4" PIN, ANDERSON P/N YBC-30,
MPS P/N YCB65A
00017 18 EASUSPENSION CLAMP - TRUNNION STYLE, ALUMINUM,
CONDUCTOR 1.00 - 1.50, HUBBELL # TSC-150
00018 30 SEROD, ARMOR PREFORMED, AL 477 MCM 26/7 STR. 78"
; 12 RODS/SET; PREFORMED P/N AR-0134; BLUE,
15/BOX
00019 300 SEROD, SPLICE 3/8" SPLICE OHGW GALV; 50"
LONG; 13RODS/SET; PREFORMED P/N GLS-2107; DUL
P/N SGS0915 ORANGE
00020 6 EADAMPER, VIBRATION 3/8" WIRE SPIRAL, .327"-.461"
DIA, PREFORMED PART# 5050-104 MAX 10 BOXES @
50 PER BOX
00021 290 EACONNECTOR, "Y" CLEVIS-EYE 90 DEGREE, ANDERSON
#YCS-06-90BNK 3/4" PIN WITH BOLT NUT AND KEY
00022 290 EACLAMP, SUSPENSION, ANDERSON .40-.82, ANDERSON
P/N MS-82-N-BNK, 18000 LB WEIGHT
00023 30 EACLAMP, PG 3 U-BOLT, AL 397.5 18/1 BOTH GROOVES
3 U-BOLTS, AFL P/N AC414
00024 120 EADAMPER, VIBRATION, VSD-2540, 1.261"-1.579",
13.1" LONG, CLAMP WIDTH: 2.380", 60.5MM, BOLT
SIZE: M12 X 70MM, TENSION 3200LBS, ASSEMBLED
WEIGHT: 5.7LB, 2.6KG
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
00025 30000 FTWIRE, COPPER # 2 SOLID SOFT DRAWN BARE, 500'
PER REEL - HEAVY DUTY WOOD REELS ONLY-
TOLERANCE ALLOWED: +/- 5%
NSO
00026 10000 FTWIRE, 7/16" X 7 STRAND, STATIC/OHG, EHS, ASTM
A363 CLASS "B", GALVANIZED-STEEL, STEEL REELS,
CONTINOUS LENGTH, +10/-0, CONSTRUCTION STANDARD
10.6.2 SEE LONG DESCRIPTION
TOLERANCE ALLOWED: +/- 5%
00027 5000 FTWIRE, 3/8" X 7 STRAND, STATIC/OHG, EHS, ASTM
A363 CLASS "B", GALVANIZED-STEEL, STEEL REELS,
CONTINOUS LENGTH, +10/-0, CONSTRUCTION STANDARD
10.6.2 SEE LONG DESCRIPTION
TOLERANCE ALLOWED: +/- 5%
00028 10 SEDEADEND, COMPRESSION ASSY 3/8" OHGW, EYE,
ALCOA # 4620.12 *NOTE TO USERS: USE DIES
#20AH & #12SH !!!DELETE UPON ISSUE!!!
00029 15 EAA2051-100.3 HOLD DOWN WEIGHT ASSEMBLY
00030 40 EAWEIGHT, HOLD DOWN 50 LBS PLATE, HUGHES BROTHERS
#A2051.3
Section 2 - Section 2
WES-F-2001 ADVANCE SHIPPING NOTIFICATION REQUIRED (WAPA, MAR 2008)
WES-G-2005 BILLING INSTRUCTIONS – INVOICE PROCESSING PLATFORM (IPP) (WAPA, OCT
2023)
WES-H-2011 FOREIGN VISITORS AND CONTRACT EMPLOYEES (WAPA, MAY 2018)
WES-H-2013 SAFETY AND HEALTH – MINIMAL RISK (WAPA, MAY 2018
DOE-H-2085 MITIGATING SUPPLY CHAIN RISK USING ENHANCED PROCUREMENT
AUTHORITY FOR INFORMATION AND COMMUNICATION TECHNOLOGY (OCT 2024)
DOE-E-2001 INSPECTION AND ACCEPTANCE (OCT 2014)
DOE-G-2001 CONTRACTING OFFICER AUTHORITY (OCT 2014)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS. (NOV 2023)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS. (JAN 2017)
52.204-13 SYSTEM FOR AWARD MANAGEMENT-MAINTENANCE. (OCT 2018) (DEVIATION NOV
2025)
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY
EXCLUDED. (JAN 2025) (DEVIATION NOV 2025)
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS.
(NOV 2015) (DEVIATION NOV 2025)
52.212-4 TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.
(NOV 2023) (DEVIATION NOV 2025)
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE. (NOV 2020) (DEVIATION DEC 2025)21
52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION. (JAN 2025)
(DEVIATION DEC 2025)
52.219-33 NONMANUFACTURER RULE. (SEP 2021) (DEVIATION DEC 2025)
52.222-3 CONVICT LABOR. (JUN 2003) (DEVIATION MAR 2026)
52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES. (JAN 2025)
(DEVIATION MAR 2026)
52.222-35 EQUAL OPPORTUNITY FOR VETERANS. (JUN 2020) (DEVIATION JAN 2026)
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES. (JUN 2020) (DEVIATION
JAN 2026)
52.222-50 COMBATING TRAFFICKING IN PERSONS. (OCT 2025) (DEVIATION MAR 2026)
52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR
2026)
52.223-23 SUSTAINABLE PRODUCTS. (MAY 2024) (DEVIATION JAN 2026)
52.225-1 BUY AMERICAN-SUPPLIES (OCT 2022) (DEVIATION JAN 2026)
52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING.
(MAY 2024)
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD
MANAGEMENT. (OCT 2018)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS.
(MAR 2023)
52.233-3 PROTEST AFTER AWARD. (AUG 1996) (DEVIATION NOV 2025)
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004) (DEVIATION NOV
2025)
Section 4 - Section 4
DOE-L-2016 NUMBER OF AWARDS (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)
52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN
INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS-REPRESENTATION. (JAN 2017)
52.204-7 SYSTEM FOR AWARD MANAGEMENT-REGISTRATION. (NOV 2024) (DEVIATION NOV
2025)
52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES. (SEP 2023) (DEVIATION NOV 2025)
52.225-2 BUY AMERICAN CERTIFICATE. (OCT 2022)
52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND
CERTIFICATIONS. (DEVIATION SEP 2025)
Section 2 - Section 2
WES-F-2001 ADVANCE SHIPPING NOTIFICATION REQUIRED (WAPA, MAR 2008)
a. Contract line items (CLINs) ALL must be delivered on one of the following weekdays Monday - Thursday excluding Government holidays, between the hours of 0830 - 1430 MST , or at a day and time agreed upon by the Government representative(s) named below.
b. The Government representative must receive advance notification of the intended shipment at least 3 days prior to shipment. The contractor shall provide the day and time of delivery, identify the shipper, and provide the telephone number of the shipper's office. Delivery notification is critical because many of Western's delivery locations are unmanned stations located in remote areas that do not have receiving docks or unloading equipment. Proper notification will ensure that Western personnel are on site and have the equipment necessary to unload the shipment.
c. If the contractor fails to make the required advance notification, the Government may not be able to receive the equipment. Any additional costs incurred by the Government to properly receive and/or relocate the equipment that are caused by the contractor's failure to provide sufficient advance notification will be charged to the contractor under the terms of this contract. The designated Government representative is: Brian Stewart/970-461-7639 .
WES-G-2005 BILLING INSTRUCTIONS – INVOICE PROCESSING PLATFORM (IPP) (WAPA,
OCT 2023)
a) In accordance with Office of Management and Budget Memorandum M-15-19, effective April 1, 2018, all invoices must be submitted electronically.
b) Contractors shall submit invoices electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). IPP allows vendors to submit invoices, attach supporting documentation and check the payment status of any invoice submitted to the DOE. Instructions concerning contractor enrollment and use of IPP can be found at https://www.ipp.gov.
c) For an invoice to be payable it must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts.
d) A paper copy of an invoice that has been submitted electronically will not be accepted.
(End of Clause)
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-2013 SAFETY AND HEALTH – MINIMAL 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.
(End of Clause)
DOE-H-2085 MITIGATING SUPPLY CHAIN RISK USING ENHANCED PROCUREMENT
AUTHORITY FOR INFORMATION AND COMMUNICATION TECHNOLOGY (OCT 2024)
(a) Definitions. As used in this clause -
Covered article - The term "covered article" includes -
(1) "Information technology" which means -
(i) any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use -
(A) of that equipment, or
(B) of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(ii) computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; however,
(iii) does not include any equipment acquired by a federal contractor incidental to a federal contract.
(2) "Telecommunications Equipment", which means equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades).
(3) "Telecommunications Service", which means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
(4) the processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program; or
(5) hardware, systems, devices, software, or services that include embedded or incidental information technology.
Supply Chain Risk - The term "Supply Chain Risk" means the risk that a person may sabotage, maliciously introduce unwanted function, extract data, or otherwise manipulate the design, integrity, manufacturing, production, distribution, installation, operation, maintenance, disposition, or retirement of covered articles so as to surveil, deny, disrupt, or otherwise manipulate the function, use, or operation of the covered articles or information stored or transmitted on the covered articles.
(b) The Contractor shall take all prudent actions, and comply with all Government directions (as identified in (c)), to mitigate supply chain risk when providing covered articles or services affecting covered articles to the Government.
(c) In order to manage supply chain risk, the Government may use the authority provided by 41 U.S.C.
4713 to, among other things, withhold consent for the Contractor to subcontract with a particular source or direct the Contractor to exclude a particular source from consideration for a subcontract under the contract.
(d) To ensure that acquisitions have in place appropriate organizational information and communications technology (ICT) cybersecurity supply chain risk management (C-SCRM) requirements for inclusion in contracts that are tailored to the type of contract and business needs from our vendors, contracting officers should include as part of their special contract requirements stated within their statement of work, performance work statement or similar document the following language addressing ICT C- SCRM requirements. The Contractor (and/or any subcontractor) must provide processes that will be in place to secure their ICT supply chain in compliance with DOE Policy for Cyber Supply Chain Risk Management and Public Law 115-232 § 889. At a minimum, they must implement the following:
(1) Develop rules for suppliers' development methods, techniques, or practices.
(2) Use of secondary market components.
(3) the prohibition of counterfeit products.
(4) the disposal or retention of elements such as components, data, or intellectual property.
(5) ensuring adequate supply of components.
(6) provide procedures that enforce early notification to the department of ICT supply chain-related events occurring in the supplier environment (e.g., security incidents).
(7) Communicate in advance any rollout of new or updated components.
(8) Communicate in advance of any rollout of additional, replacement, or removal of supplier personnel.
(9) Communicate in advance of new operating system rollouts, hardware upgrades, or replacements.
(10) Prohibit the use of covered telecommunications and video surveillance equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
(End of Clause)
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 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.. 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)
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)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS. (NOV 2023)
(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 41 U.S.C. 4712 and Federal Acquisition Regulation (FAR) 3.900 through 3.905.
(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in FAR 3.900 through 3.905.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.
(End of clause)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS. (JAN 2017)
(a) Definitions. As used in this clause-
Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.
Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.
Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.
(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).
(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.
(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(e) In accordance with 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) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.
(End of clause)
52.204-13 SYSTEM FOR AWARD MANAGEMENT-MAINTENANCE. (OCT 2018) (DEVIATION
NOV 2025)
Commercial and Government Entity code means-
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location (referred to as "CAGE code"); or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency to entities located outside the United States and its outlying areas that the DLA CAGE Branch records and maintains in the CAGE master file (referred to as "NCAGE code").
Unique Entity Identifier (UEI) means an identifier used to identify a specific commercial, nonprofit, or Government entity.
(b) Active registration.
(1) The Contractor shall maintain an active Federal Government contracts registration in the System for Award Management (SAM) at https://www.sam.gov during contract performance and through final payment under this contract. To maintain an active registration in SAM, the Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.
(2) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete information. Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(c) Novation and change-of-name agreements.
(1) If the Contractor has legally changed its business name or "doing business as" name (whichever is shown on the contract), or has transferred the assets used to perform the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in part 42 of the Federal Acquisition Regulation (FAR), the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to -
(i) Change the legal business name in SAM;
(ii) Comply with the requirements of FAR part 42; and
(iii) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with its written notification sufficient documentation to support the legally changed name.
(2) If the Contractor fails to comply with the requirements of paragraph (c)(1) of this clause, or fails to perform the agreement at paragraph (c)(1)(iii) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.
(d) Assignees.
(1) The Contractor shall not change the legal business name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR part 32). Assignees shall be separately registered in SAM.
(2) Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract.
(e) Unique entity identifier (UEI). The Contractor shall ensure that its UEI is maintained throughout the life of the contract.
(f) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract. To update a CAGE code, the Contractor shall initiate the change by updating its SAM registration.
(g) Communicating changes. The Contractor shall communicate any change to its UEI or CAGE code to the Contracting Officer within 30 days after the change, so a modification can be issued to update the UEI or CAGE code on this contract. A change in the UEI does not necessarily require a novation.
(End of clause)
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY
EXCLUDED. (JAN 2025) (DEVIATION NOV 2025)
(a) Definition. As used in this clause-
Commercially available off-the-shelf (COTS) item
(1) Means any item of supply (including construction material) that is-
(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" in Federal Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless a compelling reason exists to do so.
(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, proposed for debarment, or voluntarily excluded by the Federal Government.
(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, proposed for debarment, or voluntarily excluded (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions).
The notice must include the following:
(1) The name of the subcontractor.
(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.
(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.
(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, proposed debarment, or voluntary exclusion.
(e) Subcontracts. Unless this is a contract for the acquisition of commercial products or commercial services, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that-
(1) Exceeds the threshold specified in FAR 9.405-2(b) on the date of subcontract award; and
(2) Is not a subcontract for commercially available off-the-shelf items.
(End of clause)
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS.
(NOV 2015) (DEVIATION NOV 2025)
(a) Definitions. As used in this clause-
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, applicable law may prohibit the Government from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
(c) Exceptions to this prohibition are located at 9.108-3.
(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.
(End of clause)
52.212-4 TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES. (NOV 2023) (DEVIATION NOV 2025)
(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.
(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights-
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence.
Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall-
(1) Notify the Contracting Officer in writing as soon as possible;
(2) Remedy the delay as quickly as possible; and
(3) Notify the Contracting Officer when the occurrence is over.
(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C.
3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment-
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable;
(D) Contractor point of contact; and
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(5) Interest.(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if-
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt;
or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon-
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.
(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services;
(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) Other contract clauses incorporated in the solicitation or contract;
(4) Addenda to this solicitation or contract;
(5) Solicitation provisions incorporated in the solicitation;
(6) Other paragraphs of this clause;
(7) Other documents, exhibits, and attachments; and
(8) The specification.
(s) Unauthorized obligations.
(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.
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