Contract_Clauses_and_Bid_Schedule.pdf

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SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

DE-SOL-0005473

2. TYPE OF SOLICITATION

SEALED BID (IFB)

x NEGOTIATED (RFP)

3. DATE ISSUED

11/25/2014

PAGE OF PAGES

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

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

15WC110671-000

7. ISSUED BY CODE UGP-HURON 8. ADDRESS OFFER TO

WAPA (UGP)

US DOE/WESTERN AREA POWER

200 4th STREET SW

HURON SD 57350-2474

WAPA (UGP)

US DOE/WESTERN AREA POWER

200 4th STREET SW

HURON SD 57350-2474

9. FOR

INFORMATION

CALL:

a. NAME

Dana Dilynn Kostel

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

605-353-2642

SOLICITATION

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

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

Multiple Award Indefinite Delivery/Indefinite Quantity Construction Contract

This solicitation is issued as 100% set-aside for 8(a) small business concerns.

The NAICS Code that applies to this requirement is 237130 and the applicable small business size standard is $36.5 Million.

The Government intends to make award to up to 3 8(a) business concerns.

The Construction Magnitude for each contact awarded will be between $1,000,000 and $5,000,000.

Coverage area for the three contracts awarded from this solicitation will be:

South Dakota, North Dakota, Montana, Iowa, Nebraska, Minnesota, Wyoming, Arizona, California and Nevada.

11. The Contractor shall begin performance 10 calendar days and complete it within calendar days after receiving award, x notice to proceed. The performance period is x mandatory negotiable. (SeeS ee 52.211-10 .)

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

x YES NO 12b. CALENDAR DAYS

a. Sealed offers in original and

1 copies to perform the work required are due at the place specified in Item 8 by 2:00 pm

(hour) local time

12/30/2014 (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 .

b. An offer guarantee x is, is not required.

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.

d. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected .

NSN 7540-01-155-3212 STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA FAR(48 CFR) 53.236-1(d) younie Typewritten Text younie Typewritten Text To Be Determined younie Typewritten Text younie Typewritten Text younie Typewritten Text

OFFER (Must be fully completed by offeror)

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

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.)

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

(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

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

26. ADMINISTERED BY CODE UGP-HURON 27. PAYMENT WILL BE MADE BY

WAPA (UGP)

US DOE/WESTERN AREA POWER

200 4th STREET SW

HURON SD 57350-2474

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT

(Contractor is required to sign this document and return copies to issuing office.)

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,

29. AWARD

(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

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

SECTION B

SUPPLIES OR SERVICES AND PRICES

BIDDING SCHEDULE

JINA PUMPING PLANT SUBSTATION, STAGE 01

Estimated

CLIN Work or Material Quantity Unit Unit Price Amount

0001 Mobilization and preparatory work (shall not LS $ exceed 5% of Total, see Section M)

0002 Miscellaneous sitework LS $

0003 Gravel Surfacing LS $

0004 Chain link fence LS $

0005 Secondary oil containment LS $

0006 Seeding LS $

0007 Concrete foundations LS $

0008 Grounding system LS $

0009 Electrical conduit system LS $

0010 Security and danger signs LS $

TOTAL $ ____________

UNIT ABBREVIATIONS

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

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Section C - Description/Specifications…………………………………………………………………….8

DOE-C-1004 Specifications DOE-C-1005 Drawings

Section E - Inspection and Acceptance DOE-E-1001 Inspection and Acceptance

Section F - Deliveries or Performance 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) 52.211-12 Liquidated Damages - Construction. (SEP 2000) 52.211-13 Time Extensions. (SEP 2000) 52.211-18 Variation in Estimated Quantity. (APR 1984)

Section G - Contract Administration Data DOE-G-1006 Individuals Authorized to Issue Orders DOE-G-1007 Contracting Officer's Representative

WES-G-1001 CORRESPONDENCE PROCEDURES (WAPA, JAN 2008)

WES-G-1002 ADMINISTRATIVE TIME FOR COMPLETION OF DRAWINGS (WAPA, JAN 2008)

WES-G-1004 CONTRACTOR'S CONTRACT ADMINISTRATION (WAPA, FEB 2008)

Section H - Special Contract Requirements DOE-H-1001 Ombudsman ALT I DOE-H-1010 Section 8(a) Direct Awards DOE-H-1011 Department of Labor Wage Determinations DOE-H-1013 Ordering Under A Multiple Award Contract DOE-H-1022 Protection of Traffic DOE-H-1023 Preservation of Antiquities, Wildlife and Land Areas DOE-H-1024 Alternative Dispute Resolution (ADR) DOE-H-1025 Contractor Interface with Other Contractors and/or Government Employees DOE-H-1035 National Environmental Policy Act (NEPA) - Prior Approvals DOE-H-1040 Lobbying Restrictions (Appropriations Act 2013) DOE-H-1049 Sustainable Acquisition under DOE Construction Contracts (May 2011) DOE-H-1059 Material Safety Data Sheet Availability (July 2011)

WES-H-1002 RETAINAGE/HOLDBACK FOR UNDELIVERED DATA (WAPA, APR 2009)

WES-H-1005 REQUIRED INSURANCE - POLLUTION LIABILITY (WAPA, FEB 2008)

WES-H-1006 BREAKDOWN OF CONTRACT PRICES (WAPA, FEB 2008)

WES-H-1007 BACKCHARGES TO CONTRACTOR (WAPA, FEB 2008)

WES-H-1008 RIGHT TO USE AND OPERATE UNSATISFACTORY EQUIPMENT (WAPA,

FEB 2008)

WES-H-1022 INDEMNITY (WAPA, FEB 2008)

WES-H-1023 REQUIRED INSURANCE (WAPA, FEB 2008)

WES-H-1024 CONTRACT PRICES (WAPA, FEB 2008)

WES-H-1025 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (WAPA, SEP 2011)

WES-H-1026 PROTECTION AND RESTORATION OF REAL ESTATE CROSSED BY RIGHT-

OF-WAY (WAPA, FEB 2008)

WES-H-1027 MOBILIZATION AND PREPARATORY WORK (WAPA, FEB 2008)

WES-H-1031 FOREIGN VISITORS AND CONTRACT EMPLOYEES (WAPA, MAY 2005)

WES-H-1033 ACCESS TO DOE OWNED OR LEASED FACILITIES (WAPA, SEP 2011)

WES-H-1035 SAFETY AND HEALTH - MINIMAL RISK (WAPA, MAY 2005)

WES-H-1036 SAFETY AND HEALTH - MODERATE RISK (WAPA, MAY 2005)

WES-H-1037 SAFETY AND HEALTH - HIGH RISK (WAPA, MAY 2005)

WES-H-1048 LIMITATION OF COSTS RESULTING FROM SUBCONTRACTING PRICE

ADJUSTMENTS (WAPA, FEB 2008)

Section I - Contract Clauses 52.202-1 Definitions. (NOV 2013) 952.202-1 Definitions

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) 52.203-13 Contractor Code of Business Ethics and Conduct. (APR 2010) 52.203-14 Display of Hotline Poster(s). (DEC 2007) 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 (Jul 2013) 52.204-13 System for Award Management Maintenance. (JUL 2013) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (JUL 2013) 24 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (MAY 2012) 52.215-2 Audit and Records - Negotiation. (OCT 2010) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data. (AUG 2011) 52.215-23 Limitations on Pass-Through Charges. (OCT 2009) 52.216-18 Ordering. (OCT 1995) 52.216-19 Order Limitations. (OCT 1995) 52.216-22 Indefinite Quantity. (OCT 1995) 52.216-24 Limitation of Government Liability. (APR 1984) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.219-8 Utilization of Small Business Concerns (Oct 2014) 52.219-14 Limitations on Subcontracting. (NOV 2011) 52.219-17 Section 8(a) Award. (DEC 1996) 52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns. (JUN 2003) 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 2014) 52.222-6 Construction Wage Rate Requirements (May 2014) 52.222-7 Withholding of Funds (May 2014) 52.222-8 Payrolls and Basic Records (May 2014) 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. (FEB 1999) 52.222-26 Equal Opportunity. (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999) 52.222-35 Equal Opportunity for Veterans (Jul 2014) 52.222-36 Equal Opportunity for Workers With Disabilities (Jul 2014) 52.222-37 Employment Reports on Veterans (Jul 2014) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010) 52.222-50 Combating Trafficking in Persons. (FEB 2009) 52.222-54 Employment Eligibility Verification. (AUG 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) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items.

(MAY 2008)

52.223-15 Energy Efficiency in Energy-Consuming Products. (DEC 2007)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

(MAY 2008)

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) 52.228-1 Bid Guarantee. (SEP 1996) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.228-11 Pledges of Assets. (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014) 52.228-14 Irrevocable Letter of Credit (May 2014) 52.228-15 Performance and Payment Bonds - Construction. (OCT 2010) 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 (May 2014) 52.232-33 Payment by Electronic Funds Transfer - 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. (DEC 2013) 52.233-1 Disputes (May 2014) 52.233-1 Disputes. (May 2014) - Alternate I (DEC 1991) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-1 Performance of Work by the Contractor. (APR 1984) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-4 Physical Data. (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) 52.236-13 Accident Prevention. (NOV 1991) - Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services. (APR 1984) 52.236-15 Schedules for Construction Contracts. (APR 1984) 52.236-16 Quantity Surveys. (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) 52.243-5 Changes and Changed Conditions. (APR 1984) 52.244-6 Subcontracts for Commercial Items (Oct 2014) 52.245-1 Government Property (Apr 2012) 52.245-9 Use and Charges (Apr 2012) 52.246-12 Inspection of Construction. (APR 1996) 52.246-21 Warranty of Construction. (MAR 1994) 52.246-21 Warranty of Construction. (MAR 1994) - Alternate I (APR 1984) 52.248-3 Value Engineering - Construction. (OCT 2010)

52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I (SEP 1996) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate III (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. (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991)

Section J - List of Documents, Exhibits and Other Attachments DOE-J-1001 List of Attachments

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

52.209-5 CERTIFICATION REGARDING A FELONY CONVICTION UNDER ANY FEDERAL

LAW OR AN UNPAID FEDERAL TAX LIABILITY (APR 2012) DEVATION

52.209-7 Information Regarding Responsibility Matters. (JUL 2013) 52.222-38 Compliance with Veterans' Employment Reporting Requirements. (SEP 2010) 52.223-1 Biobased Product Certification. (MAY 2012) 52.223-4 Recovered Material Certification. (MAY 2008) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (DEC 2012) 52.236-28 Preparation of Proposals - Construction. (OCT 1997)

Section L - Instructions,Conditions, and Notices to Bidders 52.204-7 System for Award Management. (JUL 2013) 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29. (AUG 1998) 52.215-1 Instructions to Offerors - Competitive Acquisition. (JAN 2004) - Alternate I (OCT 1997) .. 42 52.215-20 Requirements for Certified Cost or Pricing Data or Data Other Than Cost or Pricing Data.

(OCT 2010) - Alternate IV (OCT 2010) 52.215-22 Limitations on Pass-Through Charges--Identification of Subcontract Effort. (OCT 2009) 46 52.216-1 Type of Contract. (APR 1984) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999) 52.225-10 Notice of Buy American Requirement—Construction Materials 952.233-2 Service of protest 952.233-4 Notice of protest file availability. (AUG 2009) 952.233-5 Agency protest review. (SEP 1996) 52.236-27 Site Visit (Construction). (FEB 1995) 52.252-5 Authorized Deviations in Provisions. (APR 1984) DOE-L-1003 Offer Acceptance Period DOE-L-1004 Number of Awards DOE-L-1006 Expenses Related to Offeror Submissions DOE-L-1012 Guidance for Prospective Offerors - Impact of Teaming Arrangements on Small Business Status DOE-L-1013 Alternate Proposal Information - None DOE-L-1021 Protests to the Department of Energy

WES-L-1001 TECHNICAL INFORMATION (WAPA, SEP 2011)

WES-L-1005 MAILED OR HANDCARRIED BID/PROPOSAL (WAPA, FEB 1997)

WES-L-1012 QUESTIONS CONCERNING THE SOLICITATION (WAPA, MAR 2002)

Section M - Evaluation Factors for Award WES-M-1005 Proposal Evaluation - General (WAPA, MAY 1997) WES-M-1007 Overall Relative Importance of Evaluation Criteria (WAPA, NOV 1995)

Section C - Description/Specifications

DOE-C-1004 Specifications

The Specifications are Attachment A listed in Section J.

(End of clause)

DOE-C-1005 Drawings

The Drawings are Attachment B located in Section J.

Section E - Inspection and Acceptance

DOE-E-1001 Inspection and Acceptance

Inspection and acceptance of all items under this contract shall be accomplished by the Contracting Officer, the Contracting Officer's Representative (COR), or any other duly authorized Government representative identified by the Contracting Officer. The contractor will be notified in writing or by a copy of the delegation of authority if a different representative in designated.

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 ** To be detailed on each individual Task Order** 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 ** To be detailed on each individual Task Order** The time stated for completion shall include final cleanup of the premises.

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 each calendar day of delay until the work is completed or accepted.

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

52.211-13 Time Extensions. (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

52.211-18 Variation in Estimated Quantity. (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

Section G - Contract Administration Data

DOE-G-1006 Individuals Authorized to Issue Orders

The following personnel are authorized to issue orders under this contract. All designated personnel are employed by Western Area Power Administration’s Upper Great Plains Region (UGPR) and Desert Southwest Region (DSW), unless otherwise indicated:

All warranted Contract Specialists within the UGPR and DSW within their designated warrant levels.

DOE-G-1007 Contracting Officer's Representative

The Contracting Officer's Representative (COR) for the purposes of monitoring and coordinating the technical requirements of this contract is ** To be detailed on each individual Task Order**

Specific duties and responsibilities of the COR are those delegated in the Contracting Officer's Representative Delegation for this contract.

WES-G-1001 CORRESPONDENCE PROCEDURES (WAPA, JAN 2008)

a. The designated DOE contract specialist is the focal point for all non-technical matters related to this contract. The DOE contract specialist for this contract is:

Dana Kostel 605-353-2642 U.S. Department of Energy Western Area Power Administration

ATTN: B1500.HU

200 4th Street SW Huron, SD 57350-2474

b. All correspondence submitted under this contract shall reference the contract number.

c. One copy of all correspondence related to this contract shall be sent to each of the following:

1. The DOE Contract Specialist.

2. The DOE Contracting Officer.

3. The DOE Contracting Officer's Representative (COR).

4. The DOE Patent Counsel (only if patent or technical data issues are involved).

d. If a Government Contract Administration Office (CAO) other than DOE has been designated for this contract, a copy of all correspondence shall also be sent to the Government CAO. The assigned CAO, if any, is designated on the form used to award this contract.

WES-G-1002 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-1004 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-1001 Ombudsman ALT I

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and contractors during the preaward and postaward phases of this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman is not to diminish the authority of the contracting officer, the Source Evaluation Board, or the selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes.

Therefore, before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution.

(b) If resolution cannot be made by the contracting officer, interested parties may contact the Contracting Activity ombudsman, Anthony Montoya, P.O. Box 281213, Lakewood, CO 80228, 720-962-7071, 720-962-7299, TMontoya@wapa.gov. Concerns, issues, disagreements, and recommendations which cannot be resolved at the installation may be referred to the DOE ombudsman, Patrick Ferroro, 202-287-1310.. Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer or as specified elsewhere in this document. If this is a task or delivery order contract, the ombudsman shall review complaints from contractors and ensure they are afforded a 'fair opportunity to be considered', consistent with Section 303J(b) of the Federal Property and Administrative Services Act of 1949, as amended and the procedures of the contract.

DOE-H-1010 Section 8(a) Direct Awards

This contract is issued as a direct award between the contracting activity and the 8(a) contractor pursuant to a Partnership Agreement between the Small Business Administration (SBA) and the Department of Energy (DOE). Although SBA is not identified in Section A (Standard Form 26), SBA remains the prime contractor for this contract. SBA retains responsibility for 8(a) certification, 8(a) eligibility determinations and related issues, and providing counseling and assistance to the 8(a) contractor under the 8(a) program. The cognizant SBA district office for the 8(a) contractor is:

U.S. Small Business Administration 657 2nd Avenue North Room 218 Fargo, ND 58108

DOE is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract. However, DOE shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. DOE shall also coordinate with SBA prior to processing any novation agreement. DOE may assign contract administration functions to a contract administration office.

The contractor agrees:

(1) To notify the Contracting Officer, simultaneously with its notification to SBA (as required by SBA's 8(a) regulations), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with 15 U.S.C. 637(a)(21), transfer of ownership or control shall result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership or control.

(2) To comply with FAR 52.219-14, "Limitations on Subcontracting."

DOE-H-1011 Department of Labor Wage Determinations

In the performance of this contract the Contractor shall comply with the requirements of the U.S. Department of Labor Wage Determination(s) located in Section J, Attachment C and 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRE when applicable.

DOE-H-1013 Ordering Under A Multiple Award Contract

The Government has awarded more than one contract for the work specified in the Statement of Work of this contract.

Periodically, the Contracting Officer may issue task orders to one or more of these contractors, including the Contractor, pursuant to either paragraph (a) or (b) below.

(a) The Contracting Officer may issue a task to any one of the contractors if he or she determines, in his or her sole discretion that:

(1) The task is valued at $2,500 or less;

(2) Following any of the procedures of paragraph (b) would result in unacceptable delays in fulfilling the requirement which is the subject of the task order;

(3) The task requires services that are unique or highly specialized and that only one contractor can provide the services at the level of quality required;

(4) The task is a logical follow-on to a task order previously issued to a contractor pursuant to paragraph (b) below; or

(5) It is necessary to issue the task order to a contractor to fulfill a minimum guarantee.

(b) The Contractor agrees that issuance of a task order in accordance with any of these procedures is deemed to have provided the Contractor a "fair opportunity to be considered" as that phrase is used in Section 303J(b) of the Federal Property and Administrative Services Act of 1949, as amended.

(1) Issuance of Task Orders Based Entirely or Substantially on Cost.

(i) When the issuance of a task order is to be based entirely on cost, the Contracting Officer will provide each contractor information as delineated in the clause entitled, "Task Orders," of this contract relating to the prospective task, specifying that the award will be based entirely on cost. The Contractor will provide a task proposal as specified in the "Task Orders" clause. The Government will perform an analysis of the cost proposal to assure that the rates conform to the contract schedule. The Contracting Officer will determine whether elements of cost reasonably reflect the nature of the prospective task.

(ii) The Contracting Officer may choose to base award substantially on cost. In which case the Contracting Officer will issue a request for task proposals which specifies any additional selection factors and their relative importance, to be used in the selection of the recipient of the task.

(2) Issuance of Task Orders Based Entirely or Substantially on Performance of Previous Task Orders.

(i) In issuing tasks based entirely on performance of previous tasks, the Contracting Officer, along with the Contracting Officer's Representative, will evaluate records of the contractors technical performance and cost control [under cost reimbursement types of contracts] on previous tasks issued under all contracts for the work specified in the Statement of Work of this contract, taking into account performance under tasks most comparable to the prospective task. In order to issue tasks on this basis where all contractors have not performed tasks under this and the companion contracts, the Contracting Officer may consider the quality of the contractors' technical proposals under the solicitation leading to the award of this contract taking into account the portion of the proposal most comparable to the prospective task. After such an evaluation, the Contracting Officer will make award to the contractor he or she believes most likely to perform the task at the highest quality at the best value. If issuance of a task will be based entirely on performance of previous tasks, task proposals will not be requested.

(ii) The Contracting Officer may choose to base issuance of a task substantially on performance of previous tasks. In that case, the Contracting Officer will issue a request for task proposals which specifies any additional selection factors, and their relative importance, to be used in selecting the recipient of the task.

(3) Issuance of Task Orders Based upon Other Criteria. In issuing tasks under this procedure, the Contracting Officer may base the issuance on any other factors which he or she deems appropriate in the exercise of sound business judgment. Such factors include, but are not limited to, selection based upon highest technical rating of proposals for performance of a prospective task, or determination by the Contracting Officer that there is need for greater balance in workload among this and the other contracts which were awarded for the work described in this contract. If the selection factor or factors involve the receipt of task proposals from the contractors, the factor or factors to be used in selecting the recipient of the task, and their relative importance, will be specified in the request for a task proposal by the Contracting Officer.

(c) Except as specified in this clause, a task order may be issued without a request for task proposals from the contractors.

(d) An ombudsman has been designated at the contracting activity awarding this contract to ensure that all contractors are afforded a 'fair opportunity' to be considered for task or delivery orders pursuant to FAR 16.5 The purpose of the ombudsman is not to diminish the authority of the Contracting Officer, but to receive on behalf of and to communicate to the appropriate Government personnel concerns and disagreements of contractors not receiving a specific task and to work to resolve the matter. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern.

The ombudsman does not participate in the original selection of contractors or in the evaluation or determination of the issuance of task or delivery orders under this contract, does not act in the capacity of a Contracting Officer, and does not participate in the adjudication of contract disputes in regard to multiple award task or delivery order contracts awarded pursuant to FAR 16.5.

DOE-H-1022 Protection of Traffic

TRAFFIC INTERFERENCE:

The Contractor shall conduct his operations so as to interfere as little as possible with the use of existing roads at or near locations where the work is being performed. When it is necessary to excavate a trench across an existing road, store materials thereon, or perform other work which would obstruct traffic, notification of the start of such work or storage of materials, and details of the proposed methods of providing the required facilities for safe and continuous use of roads shall be submitted to the Contracting Officer for approval at least 48 hours in advance thereof; and the Contractor shall, at his own expense, make such approved temporary provisions as are required to maintain at least one lane of traffic by bridging the excavation, providing ramps over surface obstructions, or providing a suitable temporary by-pass around the construction.

BARRICADES, BY-PASSES, AND WARNING SIGNS:

The Contractor will be required as a part of this contract to provide and erect, before construction begins, and maintain during the progress of construction, substantial barricades bridging over trenches, ramps, sidewalks, guard rails, and warning signs; furnish, place, and maintain adequate lights and warning signals; and provide flagmen and watchmen;

which safeguards shall be provided as directed by the Contracting Officer where and as may be necessary to protect pedestrian and vehicular traffic. All such barricades and/or temporary bridging or other temporary construction shall be removed by the Contractor upon completion of the work necessitating the erection thereof.

DOE-H-1023 Preservation of Antiquities, Wildlife and Land Areas

(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.

DOE-H-1024 Alternative Dispute Resolution (ADR)

(a) The DOE and the Contractor both recognize that methods for fair and efficient resolution of significant disputes are essential to the successful and timely achievement of critical milestones and completion of all Contract requirements.

Accordingly, the parties agree that in the event of a dispute to jointly select a 'standing neutral.' The standing neutral will be available to help resolve disputes as they arise. Such standing neutral can be an individual, a board comprised of three independent experts, or a company with specific expertise in the Contract area. If a standing neutral cannot be agreed upon, the DOE Office of Dispute Resolution will make a selection. Specific joint ADR processes shall be developed.

(b) The parties agree the following provision may be invoked for significant disputes upon mutual agreement of the DOE and the Contractor:

(1) DOE and the Contractor shall use their best efforts to informally resolve any dispute, claim, question, or disagreement by consulting and negotiating with each other in good faith, recognizing their mutual interests, and attempting to reach a just and equitable solution satisfactory to both parties. If any agreement cannot be reached through informal negotiations within 30 days after the start of negotiations, then such disagreement shall be referred to the standing neutral, pursuant to the jointly-developed ADR procedures.

(2) The standing neutral will not render a decision, but will assist the parties in reaching a mutually satisfactory agreement. In the event the parties are unable after 30 days to reach such an agreement, either party may request, and the standing neutral will render, a non-binding advisory opinion. Such opinion shall not be admissible in evidence in any subsequent proceedings.

(c) If one party to this Contract requests the use of the process set forth in Paragraphs b(1) and b(2) of this clause and the other party disagrees, the party disagreeing must express its position in writing to the other party. On any such occasion, if the party requesting the above process wishes to file a claim they may proceed in accordance with Section I, FAR 52.233-1 Disputes or FAR 52.233-1 Disputes Alternate I.

DOE-H-1025 Contractor Interface with Other Contractors and/or Government Employees

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

DOE-H-1035 National Environmental Policy Act (NEPA) - Prior Approvals

The National Environmental Policy Act of 1969 (NEPA) requires that all Federal agencies consider the impacts of their projects on the human environment. As part of the DOE's NEPA requirements, the Contractor shall be required to supply to the DOE certain environmental information. DOE funds may only be expended by the Contractor on [INSERT ACTIVITIES THAT CAN BE PERFORMED UNTIL THE NEPA DOCUMENT IS SIGNED, i.e., preliminary designs or drawings] activities, or in a manner consistent with 40 CFR 1506.1, until DOE notifies the Contractor that all NEPA requirements have been satisfied. In the event that the Contractor expends its own or third party funds on activities not authorized by this provision, such expenditures are entirely at the Contractor's risk that DOE's NEPA analysis will support such activities.

DOE-H-1040 Lobbying Restrictions (Appropriations Act 2013)

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

DOE-H-1049 Sustainable Acquisition under DOE Construction Contracts (May 2011)

Pursuant to Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management, and 13514, Federal Leadership in Environmental, Energy, and Economic Performance, the Department of Energy is committed to managing its facilities in an environmentally preferable manner that will promote the natural environment and protect the health and well- being of its Federal employees and contractor service providers. In the performance of work under this contract, the Contractor shall exert its best efforts to provide its services in a manner that will promote the natural environment and protect the health and well-being of Federal and contract employees at the facility. Sustainable acquisition or environmentally preferable contracting has several interacting initiatives. Among the initiatives are the following:

• Recycled Content Products are described at http://epa.gov/cpg

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

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

• Energy efficient products are at http://www.eere.energy.gov/femp/procurement for FEMP designated products

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

• Non-Ozone Depleting Alternative Products are at http://www.epa.gov/ozone/strathome.html

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

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

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

DOE-H-1059 Material Safety Data Sheet Availability (July 2011)

In implementation of the clause in Section I entitled, "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).

WES-H-1002 RETAINAGE/HOLDBACK FOR UNDELIVERED DATA (WAPA, APR 2009)

The Government may retain/holdback up to 10 percent of invoiced 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-1005 REQUIRED INSURANCE - POLLUTION LIABILITY (WAPA, FEB 2008)

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

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

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

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

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

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

WES-H-1006 BREAKDOWN OF CONTRACT PRICES (WAPA, FEB 2008)

In addition to the requirements of the contract clause entitled "Payments under Fixed Price Construction Contracts", the contractor shall submit a detailed breakdown of the total contract price within 30 calendar days after the date of the notice to proceed. The price breakdown shall be submitted in triplicate to the Contracting Officer's Representative (COR) designated in this contract. The breakdown of contract costs shall be arranged by bid item with a further, more detailed division into the various kinds of work which make up the bid item. Contract costs shall be furnished for each bid item detailing the various kinds of work covered in the technical paragraphs of the specifications. The cost breakdown shall show the quantities of each type of work, the unit prices for materials, labor, and equipment, as well as the total price. The contractor shall obtain cost information from its subcontractor(s) as required, to provide the Government with a complete breakdown of the actual bid price.

WES-H-1007 BACKCHARGES TO CONTRACTOR (WAPA, FEB 2008)

a. Where this contract provides for charges to the contractor for costs incurred by the Government for services, materials, or use of equipment, such charges will include the costs of labor and materials, a reasonable allowance for use of equipment, and other expenditures which can be directly assigned to the services or materials furnished, plus an additional 20% of the total direct costs for Government overhead (indirect costs).

b. In the event this contract is terminated for default under FAR clause 52.249-10, Default (Fixed-Price Construction) (APR 1984), the increased costs the Government is entitled to recover shall include those costs which are necessary for, and directly assignable to, completing the remaining work subsequent to the termination that would not have been required had the termination not occurred. In addition, the Government shall be entitled to an additional 20% of the total direct completion costs for administrative overhead.

WES-H-1008 RIGHT TO USE AND OPERATE UNSATISFACTORY EQUIPMENT (WAPA, FEB 2008)

After installation of the equipment being purchased under this contract, if the operating parameters, materials, or equipment furnished by the contractor fail to comply with the specifications contained in this contract, the Government shall have the right to use the materials and/or operate the equipment until the defects, errors, or omissions can be corrected.

WES-H-1022 INDEMNITY (WAPA, FEB 2008)

The contractor shall hold harmless and indemnify the United States and its officers, representatives, and employees, from all claims, losses, damages, actions, causes of action, expenses, and/or liability resulting from, brought for, or on account of, any loss, personal injury, death, or property damage, including but not limited to incidents related to the transportation, removal, disposal, and/or accidental discharge of toxic and/or hazardous waste or material, received or sustained by any person or persons, including but not limited to the contractor, the United States, or third parties, and any of their employees, agents, officers, or representatives, to the extent caused by, growing out of, resulting from, incident to, or connected with, the contractor's negligent performance under this contract.

WES-H-1023 REQUIRED INSURANCE (WAPA, FEB 2008)

a. The contractor shall procure and…