Contract_Clauses_and_Bid_Schedule.pdf

Department of Energy Western Area Power Administration 200 4th Street SW Huron, SD 57350-2474

PROSPECTIVE BIDDERS:

The Department of Energy, Western Area Power Administration (Western), invites you to submit a bid for Communication towers, buildings, and site work in various locations including Nebraska, North Dakota, and South Dakota, under Invitation for Bids (IFB) Solicitation No. DE-SOL-0008115. The price range for this work is between $250,000 and $500,000. This letter is not an integral part of the IFB which is a self-contained stand-alone document. In the event of any conflict between the contents of this letter and the enclosed IFB, the IFB language shall prevail. This solicitation is issued as 100% Service Disabled Veteran-Owned Small Business Set-Aside.

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

Bid prices are to be shown in Section B and bidders are advised to inspect Sections F, G, H, K, L, and M for other information that may be required. Bidders must submit as a minimum: (1) one originally signed and dated copy of the SF 1442; (2) Section B bid prices; (3) Section K, Note bidders need to complete information in ORCA (Online Representations and Certifications Application); (4) Section J, Attachment D Bid Bond; and (5) Any other documentation required by the IFB. Electronic, telegraphic, and facsimile bids will not be accepted.

Note: Contractors must register in the System for Award Management system (SAM), which integrates both the Central Contractors Registration database (www.ccr.gov) and Online Representations and Certifications Application (https://orca.bpn.gov), and the VETS 100 Reporting System (http://vets.dol.gov/vets100), in order to be eligible to receive an award from any Federal Agency.

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

Sealed bids must be received at the address shown in Block 8 of the SF1442 by the date and time indicated in Block 13. Bids received after this date and time will be handled in accordance with the paragraph entitled “Late Submissions, Modifications, and Withdrawals of Bids,” Section L of this IFB.

Note: IAW FAR 28.101-3, when a bidder submits its Bid Bond and the Bid Bond is supported/backed by a Small Business Administration (SBA) Guarantee Loan, the bidder must submit a copy of the SBA Guarantee Loan agreement along with their bid package. Original signatures are required on bid bonds submitted to meet bonding requirements. Facsimile signatures will not be accepted, with the exception of the Power of Attorney. Bid bonds that contain facsimile signatures will be rejected.

Sincerely, Mary K. Pfeifle Contracting Officer

Enclosure http://www.fbo.gov/ http://www.ccr.gov/ https://orca.bpn.gov/

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SOLICITATION, OFFER, AND

AWARD

1. Solicitation No. 2. Type of Solicitation 3. Date Issued Page of Pages

DE-SOL-0008115

X Sealed Bid (IFB) 3/12/2015 1 of 47 (Construction, Alteration, or Repair) Negotiated (RFP)

IMPORTANT – The “offer” section on the reverse must be fully completed by offeror.

4. Contract No. 5. Requisition/Purchase Request No. 6. Project No.

15WC111528 15WC111528-671

7. Issued By Code B1500.HU 8. Address Offer to Code B1500.HU

U.S. DEPT OF ENERGY U.S. DEPT OF ENERGY

WAPA - ATTN: B1500.HU WAPA - ATTN: B1500.HU

200 4TH STREET SW 200 4TH STREET SW

HURON, SD 57350-2474 HURON, SD 57350-2474

9. For Information Call:

A. Name B. Telephone No. (Include area code) (No Collect Calls)

Mary K. Pfeifle (605) 353-2643 FAX (605) 353-2645

PFEIFLE@WAPA.GOV

SOLICITATION

NOTE: In sealed bid solicitation “offer” and “offeror” mean “bid” and “bidder”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS: (Title, Identifying No., Date)

COMMUNICATION TOWERS, BUILDINGS, AND SITE WORK

VARIOUS LOCATIONS

SOUTH DAKOTA, NORTH DAKOTA, AND NEBRASKA

SOLICITATION NO. DE-SOL-0008115

This Solicitation is 100% Service Disabled Veteran-Owned Small Business Set-Aside

The NAICS Code for this project is 237130 and the Small Business Size Standard is $36.5 Million.

Please refer to FAR Clause 52.204-8 Annual Representations and Certifications (Dec 2014)

The Government will issue a Notice to Proceed after receipt of acceptable payment and performance bonds.

11. The Contractor shall begin performance within 10 calendar days and complete it within 180 calendar days after receiving the award, X notice to proceed. This performance period is X mandatory negotiable. ( See Section F, Item F.1.)

12A. The Contractor must furnish any required performance and payment bonds? 12B. Calendar Days (If “YES”, indicate within how many calendar days after award in item 12B.)

10 X Yes

No

13. Additional Solicitation Requirements:

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 local time April 14, 2015. If this is a sealed bid solicitation, offers must 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 1442-101 Standard Form 1442 (REV. 4-85) Prescribed by GSA FAR (48 CFR) 53.236-1 (e)

OFFER (Must be fully completed by offeror)

14. Name and Address of Offeror (Include ZIP Code)

DUNS No. _______________________________

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 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.

AMOUNTS

SEE SECTION B, SUPPLIES OR SERVICES AND PRICES, BIDDING SCHEDULE

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

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

AMENDMENT

No.

DATE

20A NAME,TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print) 20B. SIGNATURE 20C. OFFER DATE

AWARD (to be completed by Government)

21. ITEM(S) ACCEPTED

Continued…

22. Amount

23. Accounting and Appropriation Data

24. Submit Invoices to Address shown below

(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 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 1 copies to issuing office) Contractor agrees to furnish and deliver all items or perform all work, requisition stated in this contract. The rights and obligation s 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.

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

31A. Name of Contracting Officer (Type or Print)

30B. Signature 30C. Date 31B. United States of America 31C. Award Date

By

STANDARD FORM 1442 BACK (REV. 4-85)

CLIN Work or Material Estimated Quantity Unit Unit Price Amount

0001 Pukwana Microwave Site LS $

0002 Colman Repeater LS $

0003 Moe Microwave Site LS $

0004 Orchard Repeater LS $

0005 Elliot Substation LS $

0006 Clark Repeater LS $

0007 Watertown Alternate Microwave Site LS $

0008 Wessington Springs Microwave Site LS $

0009 Crow Lake Repeater LS $

0010 Bijou Hills Microwave Site LS $

0011 Tripp Microwave Site LS $

0012 Turkey Ridge Microwave Site LS $

0013 Huron Substation LS $

TOTAL $

ABBREVIATIONS

Communication Towers, Buildings, and Sitework, Various Locations South Dakota, North Dakota, and Nebraska

BIDDING SCHEDULE

SUPPLIES OR SERVICES AND PRICES

SECTION B

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

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Section C - Description/Specifications 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)

Section G - Contract Administration Data DOE-G-1005 Observance of Legal Holidays DOE-G-1007 Contracting Officer's Representative

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

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

Section H - Special Contract Requirements DOE-H-1011 Department of Labor Wage Determinations 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-1040 Lobbying Restriction DOE-H-1049 Sustainable Acquisition under DOE Construction Contracts (May 2011)

WES-H-1006 BREAKDOWN OF CONTRACT PRICES (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-1026 PROTECTION AND RESTORATION OF REAL ESTATE CROSSED BY RIGHT-OF-WAY (WAPA, FEB 2008)

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

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

Section I - Contract Clauses 52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-7 System for Award Management. (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) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (DEC 2014) 52.214-29 Order of Precedence - Sealed Bidding. (JAN 1986) 52.219-8 Utilization of Small Business Concerns. (OCT 2014) 52.219-14 Limitations on Subcontracting. (NOV 2011) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside. (NOV 2011) 52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2014) 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014) 52.222-8 Payrolls and Basic Records. (MAY 2014) 52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999) 52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2014) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) 52.225-9 Buy American - Construction Materials. (MAY 2014) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (DEC 2012) 52.227-1 Authorization and Consent. (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. (NOV 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) 52.232-27 Prompt payment for construction contracts. (MAY 2014) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) 52.233-1 Disputes. (MAY 2014) - Alternate I (DEC 1991) 52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-9 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) 52.236-15 Schedules for Construction Contracts. (APR 1984) 52.236-17 Layout of Work. (APR 1984) 52.236-21 Specifications and Drawings for Construction. (FEB 1997) - Alternate II (APR 1984) 52.242-13 Bankruptcy. (JUL 1995) 52.242-14 Suspension of Work. (APR 1984) 52.243-4 Changes. (JUN 2007) 52.244-6 Subcontracts for Commercial Items. (MAR 2015) 52.246-12 Inspection of Construction. (APR 1996) 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) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 52.253-1 Computer Generated Forms. (JAN 1991) 952.202-1 Definitions

Section J - List of Documents, Exhibits and Other Attachments

Section K - Representations, Certifications, and Other Statements of Bidders 52.204-8 Annual Representations and Certifications. (DEC 2014) 52.209-5 Certification Regarding Responsibility Matters. (APR 2010) 52.223-13 Reserved 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) 52.204-16 Commercial and Government Entity Code Reporting. (NOV 2014) 52.204-17 Ownership or Control of Offeror. (NOV 2014)

52.204-18 Commercial and Government Entity Code Maintenance. (NOV 2014) 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) 52.214-3 Amendments to Invitations for Bids. (DEC 1989) 52.214-4 False Statements in Bids. (APR 1984) 52.214-5 Submission of Bids. (MAR 1997) (End of provision) 52.214-6 Explanation to Prospective Bidders. (APR 1984) necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders (End of provision) 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids. (NOV 1999) 52.214-18 Preparation of Bids - Construction. (APR 1984) 52.214-35 Submission of Offers in U.S. Currency. (APR 1991) 52.215-1 Instructions to Offerors - Competitive Acquisition. (JAN 2004) 52.216-1 Type of Contract. (APR 1984) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999) 52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014) 52.233-2 Service of Protest. (SEP 2006) 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) 952.233-2 Service of protest 952.233-4 Notice of protest file availability. (AUG 2009) 952.233-5 Agency protest review. (SEP 1996) DOE-L-1004 Number of Awards DOE-L-1005 False Statements 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-1005 MAILED OR HANDCARRIED BID/PROPOSAL (WAPA, FEB 1997)

Section M - Evaluation Factors for Award WES-M-1002 Award on an all or None Basis (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 or can be accessed at the following site: N/A

(End of clause)

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 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 180 days. 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 $2,012.04 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.

Section G - Contract Administration Data

DOE-G-1005 Observance of Legal Holidays

(a) The on-site Government personnel observe the following holidays:

New Year's Day Martin Luther King, Jr.'s Birthday President's Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Any other day designated by Federal statute, Executive order, or the President's proclamation.

(b) When any holiday falls on a Saturday, the preceding Friday is observed. When any holiday falls on a Sunday, the following Monday is observed. Observance of such days by Government personnel shall not by itself be cause for an additional period of performance or entitlement of compensation except as set forth within the contract.

(End of clause)

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 NAMED AT TIME OF AWARD.

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

(End of clause)

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: Mary K. Pfeifle Contract Specialists Name: Mary (Kris) Pfeifle Telephone: 605-353-2643 Email: PFEIFLE@WAPA.GOV U.S. Department of Energy Western Area Power Administration ATTN: B1512.HU – Pfeifle 200 4th St. SW Huron, SD 57350

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

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-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.

(End of clause)

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.

(End of clause)

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.

(End of clause)

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.

(End of clause)

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.

(End of clause)

DOE-H-1040 Lobbying Restriction

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.

(End of clause)

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.

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-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 maintain during the entire period of his performance under this contract the following minimum insurance:

(1) Workman's Compensation Insurance in accordance with the laws of the state where contract performance occurs; Occupational Disease Coverage; and Employees Liability Coverage.

(2) Comprehensive General and Automobile Liability Insurance with the following minimum coverages:

(i) GENERAL LIABILITY

(A) Bodily Injury $500,000 per occurrence.

(B) Property Damage $500,000 each accident;

$ 1,000,000 in the aggregate.

(ii) AUTOMOBILE INSURANCE

(A) Bodily Injury, $200,000 per person;

$500,000 per occurrence.

(B) Property Damage, per occurrence: $50,000 .

b. These policies shall have appropriate language waiving all subrogation rights against the Government, unless otherwise approved by the Contracting Officer.

c. Prior to the commencement of work under this contract, the contractor shall furnish a copy of the insurance certificate (binder) or other objective evidence of the above-required insurance to the Contracting Officer. The policies shall contain an endorsement to the effect that cancellation or any material change in the insurance policies that adversely affect 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 notification is provided to the Contracting Officer.

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

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

Payment for the various line items listed in Section B shall constitute full compensation for furnishing all plant, labor, equipment, appliances and materials; for performing all operations required to complete the work in conformity with the drawings and specifications, including installation and erection of the total system; necessary engineering services; and all drawings, data and/or reports.

WES-H-1026 PROTECTION AND RESTORATION OF REAL ESTATE CROSSED BY RIGHT-OF-WAY (WAPA, FEB 2008)

a. General. The contractor shall limit the movement of its crews and equipment to the right-of-way, including access routes. The contractor shall further limit movement on the right-of-way so as to minimize damage to grazing land, crops, orchards, or other real and personal property, and shall avoid marring the land. The contractor shall be responsible for all damages off the right-of-way and shall settle all such damage claims directly with the property owner. Pursuant to FAR 52.236-7 "Permits and Responsibilities," the contractor shall be responsible for all damages that are a result of its fault or negligence.

b. Restoration of Land to Original Conditions. When weather and ground conditions permit, the contractor shall obliterate all contractor caused ruts that are hazardous to farming operations and to movement of equipment. Such ruts shall be leveled, filled, and graded or otherwise eliminated in an approved manner. Ruts, scars, and compacted soils in hay meadows, alfalfa fields, pastures, and cultivated productive lands shall have the soil loosened and leveled by scarifying, harrowing, disking, or other approved methods.

c. Hillside Erosion Prevention. Water turnoff bars or small terraces shall be constructed across all right-of-way trails on hillsides to prevent water erosion and to facilitate natural re-vegetation on the trails.

d. Irrigation Ditches, Drainage Ditches, Terraces, and Title Drains. The contractor shall take measures, especially during the irrigation season, to ensure that its operations do not affect the operation of irrigation and drainage ditches, terraces, and title drains, and ensure that any other irrigation features are adequately protected during contract performance.

e. Resolution of Damage Claims. The contractor shall promptly notify the property owner(s) of any damage caused by the contractor.

The contractor, within 60 days of its knowledge of, or notice from, a landowner of damage off the right-of-way caused by the contractor's operations shall notify the Contracting Officer's Representative in writing of the disposition of each claim. In order to adequately protect the Government against landowner claims, demands, or liabilities arising out of the contractor's construction operations under this contract, the Contracting Officer may withhold progress payments, in whole or in part, due the contractor until landowner claims are settled.

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

The Contractor must receive prior, written approval from the appropriate Western Security Manager (WSM) before any non-U.S.

Citizens (Foreign Nationals) visit or work at any Western Area Power Administration (Western) facility. The Contractor must certify in writing that:

1) each of their employees working under this contract that may visit or be assigned to work at any Western facility is a U.S. Citizen, or;

2) the Contractor shall provide an accurately completed Foreign National Data Card, WAPA Form 3000-72, Attachment F for each of their Foreign National employees that may visit or work at any Western facility. The Contractor shall forward the completed Form to the COR at least 45 days in advance of each Foreign National employee's visit or their beginning of work. Foreign National employees shall not be allowed on-site at any Western facility without prior approval of the cognizant WSM. Circumstances which do not allow a 45 day notification require prior, written approval of the cognizant WSM. The Contractor shall include this requirement in any subcontract it issues under this contract. Western reserves the right to remove any contract employee from Western's property pending the conclusion of the Foreign National background check.

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

In performing the work required by this contract, the Contractor shall comply with all applicable Federal, State, or local safety, health, or industrial safety codes including the latest effective standards promulgated by the Department of Labor, Occupational Safety and Health Administration; Safety and Health Standards 29 CFR 1910, 29 CFR 1925; and the Construction Safety and Health regulations promulgated under Section 107 of the Contract Work Hours and Safety Standards Act, 29 CFR 1926. If there is a conflict between the requirements of the applicable Federal, State, or local safety, health, or industrial safety codes, the more stringent requirements shall prevail. For any cranes used in the performance of this contract, a copy of the crane inspection records shall be furnished to Western's on-site representative prior to the performance of work. The United States is liable only for negligence on the part of its employeees in accordance with the Federal Tort Claims Act, as amended.

Prior to starting work, an on-site safety meeting shall be held with Western's representative to address and discuss safety procedures related to the work required.

In addition, the contractor agrees to the following requirements:

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

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

Section I - Contract Clauses

52.202-1 Definitions. (NOV 2013)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-7 Anti-Kickback Procedures. (MAY 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011)

52.204-7 System for Award Management. (JUL 2013)

52.204-13 System for Award Management Maintenance. (JUL 2013)

(a) Definitions. As used in this clause-

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.

Data Universal Numbering System+4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.

Registered in the System for Award Management (SAM) database means that-

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes-

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12;

and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c)(1)(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to-

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted-

(i) Via the internet at http://fedgov.dnb.com/webform or if the Contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (DEC 2014)

52.214-29 Order of Precedence - Sealed Bidding. (JAN 1986)

52.219-8 Utilization of Small Business Concerns. (OCT 2014)

52.219-14 Limitations on Subcontracting. (NOV 2011)

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside. (NOV 2011)

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2014)

52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work. (End of provision)

52.222-6 Davis-Bacon Act. (JUL 2005)

52.222-7 Withholding of Funds. (FEB 1988)

52.222-8 Payrolls and Basic Records. (MAY 2014)

52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999)

52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2014)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)

52.225-9 Buy American - Construction Materials. (MAY 2014)

(a) Definitions. As used in this clause-

Commercially available off-the-shelf (COTS) item- (1) Means any item of supply (including construction material) that is-

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction…