89503420BWA000014 final version.pdf

Department of Energy Western Area Power Administration

200 4th Street SW Huron, SD 57350-2474

PROSPECTIVE BIDDERS:

The Department of Energy, Western Area Power Administration (Western), invites you to submit a bid for the Steel Pole Foundation Indefinite Delivery Indefinite Quantity contract for the Upper Great Plains and Rocky Mountain Regions Invitation for Bids (IFB) Solicitation No. 89503420BWA000014. This will be a Multiple Award contract with each contract having a maximum limitation of $5,000,000. 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. This solicitation is issued as 100% Small Business Set-Aside.

This IFB consists of Section A, Standard Form (SF) 1442 and Sections B, C, and E through M, including Attachments A, B, C, D, E, and F as listed in Section J. This solicitation, specifications and drawings, and any subsequent amendments will only be available in electronic format, downloadable from the internet at https://beta.sam.gov/ . No plan holders list, CD’s, or hard copies will be furnished.

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) Section K, Note bidders need to complete information in ORCA (Online Representations and Certifications Application); (4) Section J, Attachment D Bid Bond; and (5) Any other documentation required by the IFB. Electronic, telegraphic, and facsimile bids will not be accepted.

Note: Contractors must register in the System for Award Management system (SAM) at (https://sam.gov/SAM), which integrates both the Central Contractors Registration database and Online Representations and Certifications Application, and the VETS 4212 Reporting System (https://www.dol.gov/agencies/vets/programs/vets4212), in order to be eligible to receive an award from any Federal Agency.

Bidders are advised to submit only bids meeting all the performance and design requirements of the specifications in Section C, 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 at the address shown in Block 8 of the SF1442 by the date and time indicated in Block 13. Bids received after this date and time will be handled in accordance with the paragraph entitled “Late Submissions, Modifications, and Withdrawals of Bids,” Section L of this IFB.

Note: IAW FAR 28.101-3, when a bidder submits its Bid Bond and the Bid Bond is supported/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. Facsimile signatures will not be accepted, with the exception of the Power of Attorney. Bid bonds that contain facsimile signatures will be rejected.

Sincerely, Jonathan Dittmer Jonathan Dittmer Contracting Officer

Enclosure https://beta.sam.gov/

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)

WAPA (UGP)

US DOE/WESTERN AREA POWER

200 4th STREET SW

HURON SD 57350-2474

UGP-HURON

See Block 7

Jonathan Dittmer 605-353-2641

20WC133538-770

x

03/04/2020

89503420BWA000014

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

This solicitation is set aside for Small Business Concerns.

The NAICS Code for this project is 237130 with a Small Business Size Standard of

$39.5 Million.

Refer to FAR Clause 52.204-8 on the Annual Representations and Certifications (APR

2016) on www.sam.gov

The period of performance is 36 months from date of award.

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 60 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

04/07/2020

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 (UGP)

US DOE/WESTERN AREA POWER

200 4th STREET SW

HURON SD 57350-2474

UGP-HURON

Jonathan D. Dittmer

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...

03/04/2020

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 59

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

89503420BWA000014

FOB: Destination

00001 Steel Pole foundations IDIQ for the Upper Great

Plains and Rocky Mountain Regions.

Base period will be 36 continuous months from date of award.

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

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION B

SUPPLIES OR SERVICES AND PRICES

BIDDING SCHEDULE

STEEL POLE FOUNDATIONS

FORT THOMPSON - GRAND ISLAND 345-KV TRANSMISSION LINE, STRUCTURES 159/4A AND 159/5

CLIN Work or Material Estimated Quantity Unit

Unit Price Amount

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

LS $ _________

0002 Concrete foundations 476.9 CY $ _______ $ _________

TOTA

L

ABBREVIATIONS

CLIN = contract line item number LS = for the lump sum of CY = cubic yards

Notes for Schedule B:

The Upper Great Plains (UGP) and Rocky Mountain (RMR) Regions of Western Area Power Administration (WAPA) intend to award two (2) Indefinite Delivery/Indefinite Quantity (IDIQ) contracts as a result of this solicitation. The performance period of the basic contracts shall be for 36 continuous months from the date of award. Each Task Order will specify the performance period associated with that order. The performance period for the initial Task Order is 60 calendar days after Notice to Proceed.

FAIR OPPORTUNITY

Each Task Order will be competed between the awarded contractors. The Government will issue a Request for Quote for each Task Order to both awarded contractors. The Government will evaluate quotes in response to that solicitation without discussions and will award a contract to the contractor whose quote, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

The estimated quantities listed in the above Schedule B are only for the initial Task Order to be placed under this contract. The unit and total pricing for these items will be used to determine the low bidders under this solicitation and will be used as a basis of determining price fair and reasonable for all future Task Orders placed under the resulting contract.

The minimum guaranteed amount for the total duration of the contract shall be $25,000.00. The maximum dollar amount to be awarded under this contract shall not exceed $5,000,000.00.

Performance and Payment Bonds will be required on each individual Task Order placed under this contract.

Section C - Description/Specifications Clauses

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

Section D - Packaging and Marking Clauses

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) (End of clause)

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

(End of clause)

52.211-13 TIME EXTENSTIONS. (SEP 2000)

52.211-18 VARIATION IN ESTIMATED QUANTITY. (APR 1984)

Section G - Contract Administration Data Clauses

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

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

DOE-G-2004 CONTRACT ADMINISTRATION (OCT 2014)

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP)

DOE-G-2007 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING (JUL 2018)

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

JAN 2008)

WES-G-2004 CONTRACTOR'S CONTRACT ADMINISTRATION (WAPA, FEB 2008) ..13

Section H - Special Contract Requirements Clauses

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-2037 NATIONAL ENVIRONMENTAL POLICY ACT (OCT 2014)

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

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

DOE-H-2052 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF THE OFFEROR

DOE-H-2055 GOVERNMENT FURNISHED PROPERTY (OCT 2014)

DOE-H-2059 PRESERVATION OF ANTIQUITIES, WILDLIFE AND LAND AREAS

(OCT 2014)

DOE-H-2065 REPORTING OF FRAUD, WASTE, ABUSE, CORRUPTION, OR

MISMANAGEMENT (OCT 2014)

DOE-H-2076 LOBBYING RESTRICTIONS (NOV 2018)

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

2009)

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)

Section I - Contract Clauses Clauses

52.202-1 DEFINITIONS. (NOV 2013)

52.203-3 GRATUITIES. (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014)

52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL

OR IMPROPER ACTIVITY. (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY.

(MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS. (OCT 2010)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (APR

2014)

52.203-19 PROHIBITATION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER. (MAY 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS. (OCT 2018)

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

52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-

DELIVERY CONTRACTS. (OCT 2016)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (JUL 2018)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT. (OCT 2015)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS. (NOV 2015)

52.214-26 AUDIT AND RECORDS - SEALED BIDDING. (OCT 2010)

52.214-27 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING

DATA - MODIFICATIONS - SEALED BIDDING. (AUG 2011)

52.214-28 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA -

MODIFICATIONS - SEALED BIDDING. (OCT 2010)

52.214-29 ORDER OF PRECEDENCE - SEALED BIDDING. (JAN 1986)

52.216-18 ORDERING. (OCT 1995)

52.216-19 ORDER LIMITATIONS. (OCT 1995)

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

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

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (OCT 2018)

52.219-14 LIMITATIONS ON SUBCONTRACTING. (JAN 2017)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION. (JUL

2013)

52.222-3 CONVICT LABOR. (JUN 2003)

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME

COMPENSATION. (MAY 2018)

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)28

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

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

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION. (OCT 2015)

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

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)

52.223-6 DRUG-FREE WORKPLACE. (MAY 2001)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING. (AUG 2011)

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)

52.228-2 ADDITIONAL BOND SECURITY. (OCT 1997)

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION. (JAN 1997)...32

52.228-11 PLEDGES OF ASSETS. (AUG 2018)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS. (MAY 2014) 32

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

52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION. (OCT 2010)32

52.229-3 FEDERAL, STATE, AND LOCAL TAXES. (FEB 2013)

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

2014)

52.232-17 INTEREST. (MAY 2014)

52.232-18 AVAILABILITY OF FUNDS. (APR 1984)

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)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013) ..33

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS. (DEC 2013)

52.233-1 DISPUTES. (MAY 2014)

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)

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

52.236-17 LAYOUT OF WORK. (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION. (FEB 1997)

52.236-26 PRECONSTRUCTION CONFERENCE. (FEB 1995)

52.242-13 BANKRUPTCY. (JUL 1995)

52.242-14 SUSPENSION OF WORK. (APR 1984)

52.243-4 CHANGES. (JUN 2007)

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

52.246-12 INSPECTION OF CONSTRUCTION. (AUG 1996)

52.246-21 WARRANTY OF CONSTRUCTION. (MAR 1994)

52.248-3 VALUE ENGINEERING - CONSTRUCTION. (OCT 2015)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-

PRICE). (APR 2012)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION). (APR 1984)

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

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES. (APR 1984)

52.253-1 COMPUTER GENERATED FORMS. (JAN 1991)

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

Section K - Representations, Certifications, and Other Statements of Bidders Clauses 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2015-02) (APR 2015)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (DEC 2019)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS-REPRESENTATION. (NOV 2015)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS. (OCT 2015) ...43

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (OCT 2018)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW. (FEB 2016)47

52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING

REQUIREMENTS. (FEB 2016)

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN

SANCTIONED ACTIVITIES RELATING TO IRAN-REPRESENTATION AND

CERTIFICATIONS. (AUG 2018)

52.236-28 PREPARATION OF PROPOSALS - CONSTRUCTION. (OCT 1997)

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)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR. (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. (JUL 2016)

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)

52.215-22 LIMITATIONS ON PASS-THROUGH CHARGES--IDENTIFICATION OF

SUBCONTRACT EFFORT. (OCT 2009)

52.216-1 TYPE OF CONTRACT. (APR 1984)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-SECONDARY SITE OF

THE WORK. (MAY 2014)

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)

52.228-1 BID GUARANTEE. (SEP 1996)

52.233-2 SERVICE OF PROTEST. (SEP 2006)

52.236-27 SITE VISIT (CONSTRUCTION). (FEB 1995)

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

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS. (APR 1984)

952.233-2 Service of protest

952.233-4 NOTICE OF PROTEST FILE AVAILABILITY. (AUG 2009)

952.233-5 Agency protest review. (SEP 1996)

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-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 )

WES-L-2002 MAILED OR HANDCARRIED BID INSTRUCTIONS (WAPA, MAY 2018)

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)

Attachments are located in Section J

(End of Clause)

Section D - Packaging and Marking

Clauses

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 (AUG 1996). 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 **TO BE DETAILED ON EACH INDIVIDUAL TASK ORDER** (For this Task Order it is 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 **Each Task Order will specify the performance period in calendar days after receipt of Notice to Proceed.** (For this Task Order it is sixty (60 days) The time stated for completion shall include final cleanup of the premises.

(End of clause)

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 **TO BE DETAILED ON EACH INDIVIDUAL TASK ORDER** (For this Task Order it is $1,520.79) for each calendar day of delay until the work is completed or accepted. Liquidated damages also apply to the intermediate completion dates set forth in the specifications under Division 1, paragraph (D)(3)(a-c).

(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)

52.211-13 TIME EXTENSTIONS. (SEP 2000)

52.211-18 VARIATION IN ESTIMATED QUANTITY. (APR 1984)

Section G - Contract Administration Data

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

The Contracting Officer is responsible for administration of the contract. The Contracting Officer may appoint a Contracting Officer’s Representative (COR), in accordance with the clause entitled Contracting Officer’s Representative, to perform specifically delegated functions.

The Contracting Officer is the only individual who has the authority on behalf of the Government, among other things, to take the following actions under the contract:

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

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

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

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

(e) Accept non-conforming work.

(f) Waive any requirement of the contract.

(End of Clause)

DOE-G-2002 CONTRACTING OFFICER’S REPRESENTATIVE (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 the Contracting Officer at Western Area Power Administration, 200 4th St SW, Huron SD 57350. 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 the Contracting Officer at Western Area Power Administration, 200 4th St SW, Huron SD 57350.

(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 of 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 at Western Area Power Administration, 200 4th St SW, Huron SD 57350. 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 (insert Contract Specialist or Contracting Officer) and the COR.

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

(1) Contract Specialist:

(A) Jonathan Dittmer

(B) Telephone number 605-353-2641

(C) Address 200 4th St SW, Huron SD 57350

(D) Email address Dittmer@wapa.gov

(2) Contracting Officer

(A) Jonathan Dittmer

(B) Telephone number 605-353-2641

(C) Address 200 4th St SW, Huron SD 57350

(D) Email address Dittmer@wapa.gov

(3) Contracting Officer’s Representative

(A) To be named at a later date

(B) Telephone number To be named at a later date

(C) Address To be named at a later date

(D) Email address To be named at a later date

(4) Intellectual Property Counsel

(A) N/A

(B) Telephone number N/A

(C) Address N/A

(D) Email address N/A

(5) Government Contract Administration Office Western Area Power Administration

(A) Name Jonathan Dittmer

(B) Telephone number 605-353-2641

(C) Mailing address 200 4th St SW, Huron SD 57350

(D) Email address Dittmer@wapa.gov

(End of Clause)

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP)

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

"Payment request" means any Contractor request for contract financing payment or invoice payment. To constitute a proper invoice, the payment request 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.

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

Under this contract, the Contractor shall upload relevant back-up documentation as an attachment to the electronic invoice when requesting payment through IPP. The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Accounts Receivable (AR) Point of Contact as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email stls.ipphelpdesk@stls.frb.org or phone (866) 973-3131.

DOE-G-2007 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING (JUL

2018)

(a) The Contracting Officer will document the Contractor’s performance under this contract (including any task orders placed against it, if applicable) by using the Contractor Performance Assessment Reporting System (CPARS). CPARS information is handled as “Source Selection Information,” available to authorized Government personnel seeking past performance information when evaluating proposals for award.

(b) Contractor performance will be evaluated at least annually at the contract or task-order level, as determined by the Contracting Officer. Evaluation categories may include any or all of the following at the Government’s discretion: (1) technical/quality, (2) cost control, (3) schedule, (4) management or business relations, and (5) small business subcontracting. Past performance information is available at http://www.cpars.gov. It is recommended that the Contractor take the overview training found on the CPARS website. The Contractor shall acknowledge receipt of the Government’s request for comments on CPARS assessments at the time it is received and shall respond to such requests within fourteen (14) calendar days of the request.

(c) Joint Ventures. Performance assessments shall be prepared on contracts with joint ventures.

When the joint venture has a unique Commercial and Government Entity (CAGE) code and Data Universal Numbering System (DUNS) number, a single assessment will be prepared for the joint venture using its CAGE code and DUNS number. If the joint venture does not have a unique CAGE code and DUNS number, separate assessments, containing identical narrative, will be prepared for each participating contractor and will state that the evaluation is based on performance under a joint venture and will identify the contractors that were part of the joint venture.

(d) In addition to the performance assessments addressed above, the Government will perform other performance assessments necessary for administration of the contract in accordance with other applicable clauses in this contract.

(End of Clause)

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.

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

The name, title, phone number, office name, and complete mailing address of the Contractor's point of contact for contract administration, including defective or improper invoices, is as follows:

Name:

Title:

Phone Number:

E-mail address:

Fax Number:

Company Name:

Address:

City/State/Zip:

Section H - Special Contract Requirements

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 may be directed by the Contracting Officer or a duly authorized representative. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor or by a Government employee.

(End of Clause)

DOE-H-2037 NATIONAL ENVIRONMENTAL POLICY ACT (OCT 2014)

The work under this contract requires activities to be subject to the National Environmental Policy Act of 1969 (NEPA). The Contractor shall supply to DOE certain environmental information, as requested, in order for DOE to comply with NEPA and its implementing policies and regulations. Funds obligated under this contract shall only be expended by the Contractor on the activities set out below, unless the Contracting Officer modifies the listed activities or notifies the Contractor that NEPA requirements have been satisfied and the Contractor is authorized to perform the complete work required under the contract.

To be determined on each Task Order.

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

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

(1) New Year’s Day

(2) Birthday of Martin Luther King, Jr.

(3) Washington’s Birthday

(4) Memorial Day

(5) Independence Day

(6) Labor Day

(7) Columbus Day

(8) Veterans Day

(9) Thanksgiving Day

(10) Christmas Day

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

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

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

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

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

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

(End of Clause)

DOE-H-2052 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF THE OFFEROR

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

Name of the Representations, Certifications and Other Statements

89503420BWA000014

Date

03/04/2020

(End of Clause)

DOE-H-2055 GOVERNMENT FURNISHED PROPERTY (OCT 2014)

In accordance with the clause FAR 52.245-1, the Government will provide the property To Be Identified on Each Task Order.

(End of Clause)

DOE-H-2059 PRESERVATION OF ANTIQUITIES, WILDLIFE AND LAND AREAS

(OCT 2014)

(a) Federal Law provides for the protection of antiquities located on land owned or controlled by the Government. Antiquities include Indian graves or campsites, relics and artifacts. The Contractor shall control the movements of its personnel and its subcontractor's personnel at the job site to ensure that any existing antiquities discovered thereon will not be disturbed or destroyed by such personnel. It shall be the duty of the Contractor to report to the Contracting Officer the existence of any antiquities so discovered.

(b) The Contractor shall also preserve all vegetation (including wetlands) except where such vegetation must be removed for survey or construction purposes. Any removal of vegetation shall be in accordance with the terms of applicable habitat mitigation plans and permits.

Furthermore, all wildlife must be protected consistent with programs approved by the Contacting Officer.

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

(End of Clause)

DOE-H-2065 REPORTING OF FRAUD, WASTE, ABUSE, CORRUPTION, OR

MISMANAGEMENT (OCT 2014)

The Contractor shall comply with the following:

(a) Notify employees annually of their duty to report allegations of fraud, waste, abuse, misuse, corruption, criminal acts, or mismanagement relating to DOE programs, operations, facilities, contracts, or information technology systems to an appropriate authority (e.g., OIG, other law enforcement, supervisor, employee concerns office, security officials). Examples of violations to be reported include, but are not limited to, allegations of false statements; false claims; bribery;

kickbacks; fraud; DOE environment, safety, and health violations; theft; computer crimes;

contractor mischarging; conflicts of interest; and conspiracy to commit any of these acts.

Contractors must also ensure that their employees are aware that they may always report incidents or information directly to the Office of Inspector General (OIG).

(b) Display the OIG hotline telephone number in buildings and common areas such as cafeterias, public telephone areas, official bulletin boards, reception rooms, and building lobbies.

(c) Publish the OIG hotline telephone number in telephone books and newsletters under the Contractor’s cognizance.

(d) Ensure that its employees report to the OIG within a reasonable period of time, but not later than 24 hours after discovery, all alleged violations of law, regulations, or policy, including incidents of fraud, waste, abuse, misuse, corruption, criminal acts, or mismanagement, that have been referred to Federal, State, or local law enforcement entities.

(e) Ensure that its employees report to the OIG any allegations of reprisals taken against employees who have reported to the OIG fraud, waste, abuse, misuse, corruption, criminal acts, or mismanagement.

(f) Ensure that its managers do not retaliate against DOE contractor employees who report fraud, waste, abuse, misuse, corruption, criminal acts, or mismanagement.

(g) Ensure that all their employees understand that they must –

(1) Comply with requests for interviews and briefings and must provide affidavits or sworn statements, if so requested by an employee of the OIG so designated to take affidavits or sworn statements;

(2) Not impede or hinder another employee's cooperation with the OIG; and

(3) Not take reprisals against DOE contractor employees who cooperate with or disclose information to the OIG or other lawful appropriate authority.

(h) Seek more specific guidance concerning reporting of fraud, waste, abuse, corruption, or mismanagement, and cooperation with the Inspector General, in DOE directives.

(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)

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

2009)

The Government may retain/holdback up to 10 percent of total order amount 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-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…