89503625RSW000052 - Liberty-Van Buren Rebuild - Final.pdf

LINE 3005 LIBERTY-VAN BUREN REBUILD

U.S. DEPARTMENT OF ENERGY

SOUTHWESTERN POWER ADMINISTRATION

6655 SOUTH LEWIS AVENUE

TULSA, OKLAHOMA 74136

Notice to Offerors:

A scheduled site visit is planned for this solicitation. Contractors intending to attend must email Mr. Andrew Monroe, Contract Specialist, at andrew.monroe@swpa.gov with the names of all personnel planning to attend no later than Wednesday, 3 September 2025. Refer to Section L, FAR 52.236-27 for additional details.

As assurance for taxes or duties, not included in the contract price, and imposed after the contract date, FAR Clause 52.229-3 – Federal, State, and Local Taxes is incorporated into this solicitation.

Offerors shall review and comply with all submission requirements outlined in Section L of this solicitation.

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 CALL

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

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

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

25SW025232

Southwestern Power Administration

SWPA (Tulsa)

U.S. Department of Energy 6655 S Lewis Ave

895036

Tulsa OK 74136-1061

Andrew Monroe 000-0000

1x 08/28/2025

89503625RSW000052

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

LINE 3005 LIBERTY - VAN BUREN REBUILD

The project consists of rebuilding the Liberty to Van Buren portion of

Southwestern’s Van Buren to Weleetka 161kV transmission line. The Contractor shall remove all structures, conductor, shield wire, grounding and all other items associated with this line except the existing OPGW and rebuild the line with all new materials. The total length of the rebuild is approximately 12.1 miles. Work to rebuild this line shall be performed with the line deenergized. The Contractor shall perform work in a manner to minimize the amount of time that the line is out of service.

This is a 100% Small Business (SB) set aside. The applicable North American Industry

Classification System (NAICS) code for this acquisition is 237130 and the small business size standard is $45 million. In accordance with FAR 36.204 Disclosure of the Magnitude of Construction Projects, the cost is expected to be more than

$10,000,000. The estimated project completion date is 622 days.

11. The Contractor shall begin performance within

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.)

10 622 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

10/21/2025

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. 12/2022)

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 THE UNITED STATES CODE AT

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 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

Alexandra Williams

28. NEGOTIATED AGREEMENT 29. AWARD

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,certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

08/28/2025 and return

(Contractor is not required to sign this document.) Your offer on this

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 50

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

89503625RSW000052

00001 Contractor shall provide all personnel, equipment, tools and rescources neccecary to complete the Line 3005 Liberty Van Buren Rebuild in strict accordance with Section C and all applicable Wage Determinations.

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

Sponsored by GSA

FAR (48 CFR) 53.110

Section A - Solicitation/Contract Form

INVOICING INSTRUCTIONS AND PAYMENT INFORMATION

Section B - Supplies or Services/Prices Section C - Description/Specifications Section D - Packaging and Marking Section E - Inspection and Acceptance

52.246-12 INSPECTION OF CONSTRUCTION. (AUG 1996)

Section F - Deliveries or Performance

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

52.242-14 SUSPENSION OF WORK. (APR 1984)

Section G - Contract Administration Data Section H - Special Contract Requirements

CONTRACTOR ENVIRONMENTAL, SAFETY, AND HEALTH REQUIREMENTS

CLEARANCE OF UNESCORTED CONTRACTOR PERSONNEL- GENERAL

CLEARANCES, HOT LINE ORDERS, AND SPECIAL WORK PERMITS

RIGHT TO OPERATE AND USE UNSATISFACTORY MATERIALS AND EQUIPMENT

Section I - Contract Clauses

52.202-1 DEFINITIONS. (JUN 2020)

52.203-3 GRATUITIES. (APR 1984)

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

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT. (JUN 2020)

52.203-7 ANTI-KICKBACK PROCEDURES. (JUN 2020)

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.

(JUN 2020)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. (NOV 2021)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS. (JUN 2020)

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

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS.

(DEC 2014)

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

DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES. (DEC 2023)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. (NOV 2021)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION. (JUN 2023)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY

EXCLUDED. (JAN 2025)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS.

(NOV 2015)

52.210-1 MARKET RESEARCH. (NOV 2021)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE. (NOV 2020)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (JAN 2025)

52.219-14 LIMITATIONS ON SUBCONTRACTING. (OCT 2022)

52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION. (JAN 2025)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES. (FEB 1997)

52.222-3 CONVICT LABOR. (JUN 2003)

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

52.222-7 WITHHOLDING OF FUNDS. (MAY 2014)

52.222-8 PAYROLLS AND BASIC RECORDS. (JUL 2021)

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. (JUN 2020)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES. (JUN 2020)

52.222-37 EMPLOYMENT REPORTS ON VETERANS. (JUN 2020)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS

ACT. (DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS. (NOV 2021)

52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026.

(JAN 2022)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706. (JAN 2022)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION. (MAY 2024)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (FEB 2021)

52.225-24 NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED

GOODS-BUY AMERICAN STATUTE-CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS. (JAN 2021)

52.226-7 DRUG-FREE WORKPLACE. (MAY 2024)

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING.

(MAY 2024)

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

52.228-11 INDIVIDUAL SURETY-PLEDGE OF ASSETS. (FEB 2021)

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

52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION. (JUN 2020)

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

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

52.232-23 ASSIGNMENT OF CLAIMS. (MAY 2014)

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

52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN SYSTEM FOR AWARD

MANAGEMENT. (JUL 2013)

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

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS.

(MAR 2023)

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)

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

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

52.242-13 BANKRUPTCY. (JUL 1995)

52.243-4 CHANGES. (JUN 2007)

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (JAN

2025)

52.246-26 REPORTING NONCONFORMING ITEMS. (AUG 2024)

52.248-3 VALUE ENGINEERING - CONSTRUCTION. (OCT 2020)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE). (APR 2012)

- ALTERNATE I (SEP 1996)

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. (NOV 2020)

52.253-1 COMPUTER GENERATED FORMS. (JAN 1991)

Section J - List of Documents, Exhibits and Other Attachments Section K - Representations, Certifications, and Other Statements of Bidders

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS. (SEP 2024)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (JAN 2025)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT. (NOV 2021)

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

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN

ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND

CERTIFICATIONS. (JUN 2020)

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

Section L - Instructions,Conditions, and Notices to Bidders

52.204-7 SYSTEM FOR AWARD MANAGEMENT. (NOV 2024)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL. (JAN 2017)

52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION. (NOV 2021)

52.216-1 TYPE OF CONTRACT. (APR 1984)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-SECONDARY SITE OF THE WORK.

(MAY 2014)

52.233-2 SERVICE OF PROTEST. (SEP 2006)

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

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

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

Section M - Evaluation Factors for Award Section A - Solicitation/Contract Form

INVOICING INSTRUCTIONS AND PAYMENT INFORMATION

(a) A proper invoice shall reflect the following information:

(1) Contractor Name, Address, Phone Number, billing contact name and e-mail address

(2) Invoice Date

(3) Unique invoice number

(4) Tax Identification Number (TIN)

(5) Contract Number and Order Number (if applicable) as shown on the award document

(6) Modification Number (if applicable)

(7) Discount Terms, if applicable

(8) Specific description of Work relating to invoice, including service period dates (if applicable)

(9) Invoice Amount

(b) Invoices will only be accepted if received in the following manner:

E-mailed to: cashmgmt@swpa.gov

Faxed to: 918-295-6529, Attn: CASHMGMT, S6111

Mailed: U.S. Department of Energy

Southwestern Power Administration (S6111, CASHMGMT)

One West Third Street

Tulsa, OK 74103-3502

918-595-6641 or 918-595-6799

(c) Prompt payment clock will begin on the date Cash Management receives a proper invoice

Section B - Supplies or Services/Prices

SECTION B - SUPPLIES OR SERVICES AND PRICES

Item No. Description Qty Unit Unit

Price Total Price

The Contractor shall furnish all labor, tools, equipment, materials, supplies, transportation, and facilities (except as may be expressly set forth in this contract as furnished by the Southwestern) necessary to accomplish all work in complete and strict accordance with this contract and all attachments thereto.

0001 Line 3005 Liberty-Van Buren Rebuild

0001A Pole Units – Wood Equivalent Steel 1 Job $ $

0001B Pole Top Assembly Units 1 Job $ $

0001C Conductor Construction Assembly Units 1 Job $ $

0001D Guy & Anchor Assembly Units 1 Job $ $

0001E Miscellaneous Construction Assembly Units 1 Job $ $

0001F Dampers 1 Job $ $

0001G Removal Assembly Units 1 Job $ $

0001H Van Buren Substation 1 Job $ $

0001I Right-of Way Clearing & Trimming 1 Job $ $

0001J Mobilization and De-Mobilization 1 Job $ $

0001K Performance and Payment Bonds 1 Job $ $

TOTAL PROPOSED PRICE: $_____________

CLIN0001A includes the following pole units. A pole unit consists of installing one steel pole in place. It does not include pole-top assembly units or other parts attached to the pole. The first two digits indicate the length of the pole; the third digit shows the wood pole equivalent classification per ANSI (Example: S60-1 means a steel pole 60 feet long, Class 1.) Poles shall be galvanized steel with flanged joints per the specifications. The Contractor shall furnish all materials necessary to install the poles including crushed rock backfill. All materials in the CLIN shall be furnished by the Contractor.

Pole Height and Class Framing Quantity

S50-1 TPF-TH-13P 1

S50-1 TPF-TH-15PA-12 1

S55-1 TPF-TH-15PA-12 2

S65-1 TPF-TH-13P 4

S65-1 TPF-TH-13P-17' 1

S65-1 TPF-TH-14P 1

S65-1 TPF-TH-14P-17' 1

S65-1 TPF-TH-161PV4X-CL1 6

S70-1 TPF-TH-13P 1

S70-1 TPF-TH-14P 1

S70-1 TPF-TH-15D-15' 3

S70-1 TPF-TH-161PV4X-CL1 18

S70-1 TPF-TH-161PX 18

S70-1 TPF-TH-161PX-SP 2

S75-1 TPF-TH-14P 1

S75-1 TPF-TH-15D-30' 1

S75-1 TPF-TH-161PV4X-CL1 14

S75-1 TPF-TH-161PX 38

S75-1 TPF-TH-161PX-SP 2

S80-1 TPF-TH-13P 4

S80-1 TPF-TH-13P-17' 2

S80-1 TPF-TH-14P 1

S80-1 TPF-TH-14P-17' 2

S80-1 TPF-TH-15D-25' 3

S80-1 TPF-TH-15D-30' 4

S80-1 TPF-TH-161PT 2

S80-1 TPF-TH-161PV4X-CL1 4

S80-1 TPF-TH-161PX 14

S80-1 TPF-TH-161PX-SP 2

S85-1 TPF-TH-13P 2

S85-1 TPF-TH-14P 2

S85-1 TPF-TH-15D-30' 1

S85-1 TPF-TH-161PT 2

S85-1 TPF-TH-161PX 24

S90-1 TPF-TH-15D-25' 3

S90-1 TPF-TH-15D-30' 3

S90-1 TPF-TH-15PA-45 3

S95-1 TPF-TH-161PV4X-CL1 6

S95-1 TPF-TH-161PX 2

S100-1 TPF-TH-161PV4X-CL1 4

CLIN0001B is for pole top assembly units. A pole top assembly unit generally consists of the insulator(s), crossarm(s), braces and hardware required to support the power conductors and overhead ground wire, as indicated on the applicable drawings. It does not include the pole, and other miscellaneous items, which are separate units. The Contractor shall furnish all material required for this CLIN.

Pole Top Assembly Units Quantity

TH-13P 4

TH-13P-17' 1

TH-14P 2

TH-14P-17' 1

TH-15PA-25' 1

TH-15PA-59 1

TH-15PA-60 1

TH-15PA-76 1

TH-15D-15' 1

TH-15D-25' 2

TH-15D-30' 3

TH-161PX 48

TH-161PX(F29C) 3

TH-161PV4X 26

TH-161PT 2

CLIN0001C is for conductor construction assembly units. It includes furnishing and installation or transfer of conductor, overhead ground wire, and optical ground wire (OPGW), and includes tie wire, sleeves for splicing and armor rods with clips or armor wire where necessary. The unit of measure shall be 1000 feet of cable. The length of conductor, overhead ground wire or OPGW shall be determined by taking the sum of all straight horizontal span distances between pole stakes or from center to center of the poles carrying the conductors. The conductor or cable sizes and types listed are the manufacturer's designation. Tension stringing shall be required.

The Contractor shall furnish all conductor, OPGW, hardware and materials required for this CLIN.

Conductor Construction Assembly Units Quantity

1192.5 KCMIL 54/19 ACSR

(GRACKLE) 191.5

DNO-10211 AC-49/59/657 63.9

DNO-3091 AC-25/49/551 TRANSFER 63.9

CLIN0001D includes furnishing and installing guy and anchor assembly units. A guy assembly consists of the wire and hardware. Guy markers are specified separately. An anchor assembly unit consists of the anchor with rod extensions, and hardware complete and ready for attaching the guy wire. Southwestern is not furnishing any of these materials. All materials in this CLIN shall be furnished by the Contractor.

Guy/Anchor

TA-3H 35

TA-3L 107

TA-5L 50

TG-21A 76

TG-21C 84

TG-INS-B 50

CLIN0001E includes furnishing and installing miscellaneous construction units. These consist of additional units needed in the project but not otherwise listed in other sections. All materials in this CLIN shall be furnished by the Contractor.

Miscellaneous Construction

TM-2PD 6

TM-103 15

F30 1

F33A 2

F33C 1

CLIN0001F includes installing dampers. All materials in this CLIN shall be furnished by the Contractor.

Damper Units Quantity 5050202 (0.462-0.563) 121 5050203 (0.564-0.760) 121

VSD-4040 171

VSD-4061 171

CLIN0001G includes removing and disposing of the following: wood poles, braces, and other assembly units.

Wood poles are listed by height only. Units listed are intended to be a general representation of the units in the field. They may not be exact. The unit of measure for cable is 1000 feet. The Contractor shall remove all items related to the existing line.

Removal

50' 1

55' 19

60' 41

65' 97

70' 20

75' 9

80' 6

90' 2

95' 4

HA 2

HN 21

HS 1

HTX 2

HX 31

HXK 9

HXV 12

HXX 1

HXXV 1

LA 4

LAD1 4

LAD2 4

MA1 3

TM-2PE 6

TM-4E 2

F1 2

G1 14

G2 11

G3 3

G4 52

G5 14

HB1137 64

HB1138 12

CONCRETE ANCHOR 77

7/16" HSS OHGW 63.9

556.5 26/7 ACSR (DOVE) 191.5

CLIN0001H includes furnishing all labor and materials to perform all work at the Van Buren Substation as shown on the drawings and specifications. All materials in this CLIN shall be furnished by the Contractor.

Substation Construction Unit Quantity

Van Buren Substation 1

CLIN0001I includes furnishing all labor and materials required to clear and/or trim all trees and brush from the right-of-way that impacts the execution of this project. This unit shall also include removal of all refuse and debris from clearing & trimming operations to a site obtained by the Contractor.

Right-of Way Clearing & Trimming Quantity

Clearing & Trimming 1Lot

CLIN0001J includes the mobilization and demobilization of the Contractor’s forces and equipment, supplies, appurtenances and the like, manned and ready for prosecuting the Work required under the Contract, and the subsequent demobilization and removal from the Place of the Work of said equipment, materials appurtenances and the like upon completion of the Work.

Mobilization and De-Mobilization Quantity

Mobilization and De-Mobilization 1

CLIN0001K includes performance and payment bonds.

Performance and Payment Bonds Quantity

Performance and Payment Bonds 1

Section C - Description/Specifications

Statement of Work "LINE 3005 LIBERTY-VAN BUREN REBUILD" is Attachment 1 of this document.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

52.246-12 INSPECTION OF CONSTRUCTION. (AUG 1996)

Section F - Deliveries or Performance

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

The Contractor shall be required to (a) commence work under this contract within 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 622 days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

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

52.242-14 SUSPENSION OF WORK. (APR 1984)

Section G - Contract Administration Data

Section H - Special Contract Requirements

CONTRACTOR ENVIRONMENTAL, SAFETY, AND HEALTH REQUIREMENTS

(a) The Contractor shall take all reasonable precautions in the performance of the work under this contract to protect the environment and the safety and health of employees and of members of the public. Contractor shall comply with all applicable local, state, and Federal laws, codes and regulations including but not limited to, the National Electrical Safety Code, the Occupational Safety and Health Act, the Environmental Protection Act, the Clean Air Act, the Clean Water Act, and the Toxic Substances Control Act, the National Historic Preservation Act, the American Indian Religious Freedom Act, the Archaeological Resources Protection Act, the Resource Conservation and Recovery Act.

(b) The Contractor shall conduct all work according to Occupational Safety and Health Administration (OSHA) regulations for General and Construction particularly 29 CFR 1910 and 29 CFR 1926. Particular attention shall be paid to the following: use of mechanized equipment, electrical power transmission safety and the use of helicopters. Before construction begins the following shall be submitted:

(1) A Job Hazard Analysis describing the work procedures, identifying the hazards and protection from the hazards

(2) Crane certification and operator qualifications will be required if a crane is used

(3) Qualified climber certification

(4) Recommend the use of fly ash in the concrete

(c) The following OSHA major sections shall apply:

(1) General Safety and Health Provisions (29 CFR 1926, Subpart C)

(2) Occupational Health and Environmental Controls (29 CFR 1926 Subpart D)

(3) Personal Protective Equipment (29 CFR 1926, Subpart E)

(4) Fire Protection and Prevention (29 CFR 1926, Subpart F)

(5) Signs, Signals, and Barricades (29 CFR 1926 Subpart G)

(6) Materials Handling, Storage Use and Disposal (29 CFR 1926 Subpart H)

(7) Hand and Power Tools (29 CFR 1926 Subpart I)

(8) Welding and Cutting (29 CFR 1926, Subpart J)

(9) Electrical Safety (29 CFR 1926 Subpart K)

(10) Fall Protection (29 CFR 1926, Subpart M)

(11) Cranes, Hoists, and Conveyors (29 CFR 1926, Subpart N; ANSI B 30)

(12) Motor Vehicle and Mechanized Equipment (29 CFR 1926, Subpart O)

(13) Excavations (29 CFR 1926, Subpart P)

(14) Concrete and Masonry (29 CFR 1926 Q)

(15) Steel Erection (29 CFR 1926 R)

(16) Power Transmission, Distribution (29 CFR 1926 Subpart V)

(17) Stairways and Ladders (29 CFR 1926, Subpart X)

(18) Toxic and Hazardous Substances (29 CFR 1926, Subpart Z)

(19) Electric Power Generation, Transmission, and Distribution (29 CFR 1910.269)

CLEARANCE OF UNESCORTED CONTRACTOR PERSONNEL- GENERAL

SWPA - CLEARANCE OF UNESCORTED CONTRACTOR PERSONNEL – GENERAL

(a) General.: Contractor employees, who work in, and have unlimited and unescorted access to any Southwestern Power Administration (Southwestern) facility and/or site must be United States citizens. All such contractor employees shall be required to provide background information and obtain a Southwestern photo security badge prior to working in the Southwestern facility and/or site.

(b) Background Information.

(1) For each contractor employee subject to the requirements of this clause, the contractor shall complete and deliver to the Contracting Officer’s Representative (COR) the following forms: Southwestern INV Form 86C “Special Agreement Check", a “Notification and Authorization to Conduct Employment Background Investigation” authorizing a private company to investigate the employee’s background. The COR will provide the contractor with blank forms upon request. The contractor shall also provide proof of citizenship of all contractor employees subject to the requirements of this clause in the form of an E-Verify report.

(2) The contractor shall deliver the completed documents required by paragraph (b)(1) to the COR within five

(5) calendar days after contract award or not later than five (5) calendar days before a covered employee will begin work at the Southwestern facility and/or site.

(3) The information provided in accordance with paragraph (b)(1) will be used to perform a background check to determine the eligibility of the contractor employees to work in the Southwestern facility and/or site. After completion of such review, the COR will notify the contractor in writing of any contractor employees’ ineligibility to work in the Southwestern facility and/or site. The contractor shall immediately remove such employees from work on this contract which requires the employees’ physical presence in the Southwestern facility and/or site.

(c) Security Badges.

(1) Each contractor employee subject to the above clauses and requiring entry to Southwestern’s sites and issuance of Southwestern identification shall submit or have submitted a Southwestern SWPA F 206.5, Personal Identity Verification (PIV) Request for Security Badge, with Section A, fields 4-12 completed legibly.

Contractor shall provide through digital means a “passport” type photograph of the subject contractor employee, with a neutral background, without hats, glasses or other facial coverings. Photographs may be rejected based upon quality or above requirements.

(2) Southwestern will issue a security badge to each contractor employee determined to be eligible for unescorted privileges, pursuant to the background check in paragraph (b) and completion of a security training presentation. Contractor employees shall have their security badges on their persons at all times while working on Southwestern premises and shall present passes for inspection upon request by Southwestern officials and representatives or Corps of Engineers personnel.

(3) Security badges shall identify individuals as contractor employees and shall have an expiration date not exceeding the current term of the contract. Badges shall be renewed for each succeeding contract period, if any.

(4) The contractor shall return a contractor employee’s badge to the COR when the employment of any such employee is terminated, or when the employee no longer has a need for access to the Southwestern facility and/or site. Upon expiration of this contract, the contractor shall return to the COR all security badges issued by Southwestern and not previously returned. The contractor is responsible for accounting for all badges issued to the contractor’s employees.

(d) Control of Access. Southwestern will have and exercise full and complete control over granting, denying, withholding, and terminating access of contractor employees to Southwestern facilities and/or sites. The COR will notify the contractor immediately when Southwestern has determined that an employee is unsuitable or unfit for his/her assigned contractual duties, and therefore will no longer be permitted access to the Southwestern facility and/or site. The contractor shall take immediate steps to remove such an employee from working on this contract and provide Southwestern a minimum of 24 hours to process any replacement.

(e) Subcontracts. The contractor shall incorporate this clause in all subcontracts where the requirements specified in paragraph (a) of this section are applicable to performance of the subcontract.

(f) Other Government Facilities. While working on Government property other than Southwestern’s, the contractor and subcontractors shall be required to abide by the security provisions of the owner/manager of that Government property.

(g) NERC Areas. Contractors whose employees are granted access to the NERC regulated areas of Southwestern’s Operations facilities shall additionally abide by the provisions below.

(1) Contractor shall require contractor employees to complete Southwestern provided training specific to accessing NERC areas.

(2) Contractor shall provide a verbal notification to the below individuals in order of precedence and provide an e-mail notification to all the personnel listed below NO LATER THAN 8 HOURS AFTER the contractor employee no longer requires access to the CCA area:

(i) Jay Parvin, james.parvin@swpa.gov, 918-595-6741

(ii) Mike Wech, mike.wech@swpa.gov, 417-891-2626

(iii) Steve Wall, steve.wall@swpa.gov, 918-595-6651

(iv) Ann-Marie Shy, ann-marie.shy@swpa.gov, 417-891-2616

(v) Applicable Administrative Contracting Officer, 918-595-6600

Reasons for providing an access termination notice include, but are not limited to employee termination, change in duties, or employee resignation or reassignment. Failure to provide the proper notification may result in contract termination if a reportable incident occurs.

(End of clause)

CLEARANCES, HOT LINE ORDERS, AND SPECIAL WORK PERMITS

(a) Information shall be securely displayed concerning which facilities are energized at or near each work site.

All necessary precautions shall be taken for the safety of personnel and to keep employees fully informed of the work situation and safe work limits. Information concerning Southwestern facilities or other facilities under the operational control of Southwestern shall be obtained from the COTR.

(1) Definitions

(i) Clearance - Clearance is a procedure whereby energized electrical facilities are de-energized; and switches, disconnects, and circuit breakers are tagged or locked to prevent re-energization.

(ii) Hot Line Order - Hot line order is a procedure whereby adjacent electrical facilities may remain energized during Contractor operations but provides that, if any circuit breaker connected to the facility opens under fault conditions, it will not be reclosed until all employees and equipment working in the area are determined to be in the clear.

(iii) Special Work Permit - This is a written permit issued by Southwestern's inspector which indicates the limits of the work area, restrictions, and conditions pertinent to the work. It is issued to the Contractor's authorized representative for all Contractor activities on or near facilities under the operational control of Southwestern.

The Contractor's authorized representative shall be the superintendent or other supervisors designated by the superintendent in writing.

(b) Clearance and Hot Line Order requests shall be made in writing to Southwestern's inspector at least ten (10) working days prior to the anticipated work.

(c) Special Work Permit requests shall be made in writing to Southwestern's inspector at least ten (10) working days prior to the anticipated work. The request shall include the plan of operation indicating the Contractor's authorized representative under whose direction the work will be performed, the work to be done, sequence of operations, time to start work, duration of work, number of employees and their classifications, safety precautions to be taken, type and location of barricades, warning signs, protective grounds, and description of equipment to be used in performing the work.

(d) Following approval of the Contractor's plan of preparation and after obtaining a Clearance or Hot Line Order, Southwestern's inspector will issue a Special Work Permit to the Contractor's authorized representative.

(e) Special Work Permit will indicate the limits of the work area, restrictions, and conditions pertinent to the work including Clearance or Hot Line Order, or both, issued by Southwestern. Both the Contractor's authorized representative and Southwestern inspector shall sign the Special Work Permit and each will retain a copy. The Contractor's authorized representative shall remain on site when work is being performed under a Clearance or Hot Line Order.

(f) The Special Work Permit and limits of the work area shall be reviewed with employees before proceeding with the work, and as frequently thereafter as necessary, including when a new employee begins work in the area to ensure that all employees are knowledgeable of the work program and the required safety precautions.

(g) After receipt of a Special Work Permit for a Clearance and prior to commencement of any work, 3-phase grounded shorts shall be installed under the observation of Southwestern's inspector.

(1) Using a hot-stick of sufficient length to maintain the clearance distance contained in Table V-1 of 29 CFR 1926, Subpart V, Power Transmission and Distribution, feel out the circuit to ascertain it is de-energized.

(2) Install the protective ground leads by first attaching the leads to the approved ground.

(3) Attach the protective ground leads to the de-energized circuit with a hot-stick maintaining clearance distances contained in Table V-1 until all ground leads are attached. This clearance distance requirement shall be maintained between all parts of the workman's body and the protective ground lead being attached.

(4) Document location of protective ground leads on the Special Work Permit.

(h) Additional grounding may be required depending on type and location of work being performed.

(i) After the work has been completed, the Contractor shall advise the COSR and the following will occur.

(1) The COSR will check to determine that the equipment installed or modified is satisfactory for normal service or energization or is in safe condition for the action to be released.

(2) The Contractor shall then remove all protective ground leads, bonds, and other protective devices under the observation of Southwestern's inspector and in the reverse procedure specified in section (3).

(3) The contractor's authorized representative holding the Special Work Permit shall sign both copies of the release of the Special Work Permit certifying that all personnel and equipment are in the clear and will remain in the clear and that all protective ground leads, bonds, and protective devices have been removed.

(j) If it is necessary to transfer responsibility for work under a Special Work Permit from one Contractor's authorized representative to another, the following shall occur:

(1) A new Special Work Permit will be issued to the Contractor's new authorized representative by Southwestern's inspector with an explanation of the limits of the work defined thereon.

(2) Southwestern's inspector and the Contractor's new authorized representative will review the location and integrity of all protective ground leads, bonds, and other protective devices.

(3) The old Special Work Permit will then be released.

RIGHT TO OPERATE AND USE UNSATISFACTORY MATERIALS AND EQUIPMENT

If, after installation, the operation or use of the materials or equipment furnished by the contractor fails to comply with the specifications of this contract, the Government shall have the right to operate or use such materials or equipment until correction of defects, errors, or omissions, by repair or by partial or complete replacement, can be made without interfering with Government operations.

Section I - Contract Clauses

52.202-1 DEFINITIONS. (JUN 2020)

52.203-3 GRATUITIES. (APR 1984)

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

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT. (JUN 2020)

52.203-7 ANTI-KICKBACK PROCEDURES. (JUN 2020)

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.

(JUN 2020)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. (NOV 2021)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS. (JUN 2020)

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

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS.

(DEC 2014)

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

DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES. (DEC 2023)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. (NOV 2021)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION. (JUN 2023)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY

EXCLUDED. (JAN 2025)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS.

(NOV 2015)

52.210-1 MARKET RESEARCH. (NOV 2021)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE. (NOV 2020)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (JAN 2025)

(a) Definitions. As used in this contract-

HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Dynamic Small Business Search (DSBS) and SAM.

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern-

(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran, as defined in 38 U.S.C.

101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that-

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation and qualified as a small business under the criteria and size standards in 13 CFR part 121, including the size standard that corresponds to the NAICS code assigned to the contrac t or subcontract.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Veteran-owned small business concern means a small business concern-

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business concern means a small business concern-

(1) That is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b) It is the policy of the United States that small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns.

(c)(1) A joint venture qualifies as a small business concern if-

(i) Each party to the joint venture qualifies as small under the size standard for the solicitation; or

(ii) The protégé is small under the size standard for the solicitation in a joint venture comprised of a mentor and protégé with an approved mentor-protégé agreement under a SBA mentor-protégé program. (See 13 CFR 125.9(d).)

(2) A joint venture qualifies as a HUBZone small business concern if it complies with the requirements in 13 CFR 126.616(a) through (c).

(d) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause.

(e)(1) Unless the Contractor has reason to question the representation, it may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract.

(2) Unless the Contractor has reason to question the representation, it may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if-

(i) The subcontractor is registered in SAM; and

(ii) The subcontractor represents that the size and socioeconomic status representations made in SAM are current, accurate and complete as of the date of the offer for the subcontract.

(3) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a subcontract.

(4) In accordance with 13 CFR 121.411, 126.900, 127.700, and 128.600, a contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status.

(5) The Contractor shall confirm that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business concern by accessing SAM or by accessing DSBS at https://web.sba.gov/pro-net/search/dsp_dsbs.cfm. If the subcontractor is a joint venture, the Contractor shall confirm that at least one party to the joint venture is certified by SBA as a HUBZone small business concern. The Contractor may confirm the representation by accessing SAM.

(End of clause)

52.219-14 LIMITATIONS ON SUBCONTRACTING. (OCT 2022)

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

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that-

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to-

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are-

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are-

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii);

and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for-

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the…