Contract_Clauses_and_Bidding_Schedule.pdf

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SECTION B

SUPPLIES OR SERVICES AND PRICES

BIDDING SCHEDULE

BISMARCK-JAMESTOWN NO. 1 & BISMARCK-MEDORA 230-kV TRANSMISSION LINE SPANS

CLIN Work or Material Estimated Quantity Unit Unit Price Amount

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

LS $ _

0002 Removing and disposing of existing transmission line

LS $ _

Installing Government-furnished transmission line steel pole structures as follows:

0003 285D-60 (BP) LS $

0004 285D-100 (BP) LS $

Furnishing and installing insulator assemblies for 954 kcmil CANVASBACK ACSS MA5 conductor suitable for 250°C continuous operation as follows:

0005 Single-string suspension insulator assemblies Type SI11-B with 14 disc units

(20,000 LBS)

7 EA $ $

0006 Horizontal non-ceramic post jumper insulator assemblies Type HF1-F

2 EA $ $

0007 Double-string tension insulator assemblies Type T21-C with 30 disc units (40,000 LBS)

6 EA $ $

0008 Furnishing and installing double-string tension insulator assemblies Type T21-C with 30 disc units (40,000 LBS) for 954 kcmil CARDINAL ACSR conductor

6 EA $ $

0009 Furnishing and installing suspension assemblies type OGW-SL for 7/16-inch EHS-steel strand, overhead ground wire

1 EA $ $

0010 Furnishing and installing suspension assemblies OPGW-SL for 0.531 diameter optical overhead ground wire

1 EA $ $

0011 Furnishing and installing tension Type OGW- TV assemblies for 7/16-inch EHS-steel strand overhead ground wire

2 EA $ $

0012 Furnishing and installing tension Type OGW- TV assemblies for 1/2-inch HS-steel strand overhead ground wire

2 EA $ $

Bismarck - Jamestown No. 1

0013 Furnishing and installing tension assemblies type OPGW-TV for 0.531 diameter optical overhead ground wire

4 EA $ $

0014 Installing three Government-furnished 954 kcmil, CANVASBACK ACSS MA5 30/19 strand conductors

LS $

0015 Furnishing and installing one (1) 7/16‑inch-diameter, galvanized, extra-high-strength steel, 7‑strand overhead ground wire

LS $

0016 Restring one (1) 0.531 diameter optical overhead ground wire

LS $

0017 Furnishing and Installing stockbridge-type vibration dampers for conductors, overhead ground wire and optical overhead ground wire

LS $

0018 Removing and disposing of existing transmission line

LS $ _

Furnishing and installing conductor insulator assemblies for 795 kcmil DRAKE ACSS MA5 suitable for 250°C continuous operation as follows:

0019 Single-string suspension insulator assemblies Type SIA11-B with 14 disc units

(20,000 LBS)

6 EA $ $

0020 Double-string tension insulator assemblies Type T21-C with 30 disc units (40,000 LBS)

6 EA $ $

0021 Installing three Government-furnished 795 kcmil, DRAKE ACSS MA5 26/7 strand conductors

LS $

0022 Furnishing and Installing stockbridge-type vibration dampers for conductors

LS $

0023 Flying tap connection LS $

TOTAL $ _

ABBREVIATIONS

CLIN = Contract Line Item Number

EA = each LF = linear feet LS = for the lump sum of

Bismarck - Medora

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

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

WES-H-1006 BREAKDOWN OF CONTRACT PRICES (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-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-1037 SAFETY AND HEALTH - HIGH RISK (WAPA, MAY 2005)

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

ADJUSTMENTS (WAPA, FEB 2008)

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) 52.203-14 Display of Hotline Poster(s). (DEC 2007) 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) 52.204-13 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. (DEC 2014) 52.214-26 Audit and Records - Sealed Bidding. (OCT 2010) 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data - Modifications - Sealed Bidding. (AUG 2011) 52.214-28 Subcontractor Certified Cost or Pricing Data - Modifications - Sealed Bidding. (OCT

2010) 52.214-29 Order of Precedence - Sealed Bidding. (JAN 1986) 52.219-6 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) 52.219-28 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. (APR 2015) 52.222-26 Equal Opportunity. (APR 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) 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. (MAR 2015) 52.222-54 Employment Eligibility Verification. (AUG 2013) 52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2014) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(SEP 2013)

52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997) - Alternate I (JUL 1995) 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) 52.223-17 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) 52.228-1 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) 52.232-17 Interest. (MAY 2014) 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) 52.233-3 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) 52.236-4 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) 52.236-15 Schedules for Construction Contracts. (APR 1984) 52.236-17 Layout of Work. (APR 1984) 52.236-21 Specifications and Drawings for Construction. (FEB 1997) 52.236-26 Preconstruction Conference. (FEB 1995) 52.242-13 Bankruptcy. (JUL 1995) 52.242-14 Suspension of Work. (APR 1984) 52.243-4 Changes. (JUN 2007) 52.244-6 Subcontracts for Commercial Items. (APR 2015) 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) 52.248-3 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) 52.252-6 Authorized Deviations in Clauses. (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991) 952.202-1 Definitions DOE-J-1001 List of 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) 52.209-7 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) 52.204-7 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)

52.214-6 Explanation to Prospective Bidders. (APR 1984) 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids. (NOV 1999) 52.214-18 Preparation of Bids - Construction. (APR 1984) 52.214-19 Contract Award - Sealed Bidding - Construction. (AUG 1996) 52.214-34 Submission of Offers in the English Language. (APR 1991) 52.214-35 Submission of Offers in U.S. Currency. (APR 1991) 52.216-1 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) 952.233-4 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-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-1005 MAILED OR HANDCARRIED BID/PROPOSAL (WAPA, FEB 1997)

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

WES-M-1002 Award on an all or None Basis (WAPA, NOV 1995) WES-M-1008 Unbalanced Bids (WAPA, NOV 1999)

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.

(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 120 Days from receipt of NTP. The time stated for completion shall include final cleanup of the premises.

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 determined at time of contract 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:

Contract Specialists Name: Michael L. Lowe Telephone: 701-221-4529 U.S. Department of Energy Western Area Power Administration

ATTN: B1521.BS_

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-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.

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.

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 the total amount as shown in Section B of the contract 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-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-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 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 contract.

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

a. General. The contractor will be compensated for mobilization and preparatory work in accordance with the terms of this contract. Mobilization and preparatory work may include movement of personnel, equipment, supplies, and incidentals to the project site; establishment of offices, buildings, plants and other facilities at the project site; payment of premiums for bonds and insurance for the project; necessary costs for acquisition of equipment; and for any other work which must be performed incident to the start of construction at the site.

b. Facilities, plants, and equipment required for this project that are established at, or brought to, the worksite are subject to the provisions of this clause unless the Contracting Officer specifically excludes, in writing, a particular item or items. The contractor is solely responsible for the adequacy, efficiency, use, protection, maintenance, repair, and preservation of all its facilities, plants, and equipment. The facilities, plants, and equipment covered by this paragraph shall not be dismantled or removed from the worksite prior to completion of the work specified in the contract without the written permission of the Contracting Officer.

c. Termination for Default. In the event the contractor's right to proceed is terminated as provided by the contract clause entitled Default, all facilities, plants, and equipment on the worksite are subject to Western's right to take possession of and utilize the same for completion of the work. In addition, any encumbrance, lien, or other security interest on any such facilities, plants, or equipment shall be subordinate to Western's right to utilize these facilities, plants and equipment to complete the work under the contract.

d. Payment. Payment for mobilization and preparatory work will be made at the lump sum price specified in Section B of the contract. Progress payments for mobilization and preparatory work will be made as follows:

(1) When 5 percent of the total amount of the original contract is earned from other schedule items, 50 percent of the amount agreed upon for mobilization and preparatory work will be paid.

(2) When 10 percent of the total amount of the original contract is earned from other schedule items, the balance of the amount agreed upon for mobilization and preparatory work will be paid.

e. Progress payments for mobilization and preparatory work shall be subject to retainage as provided by

FAR 52.232-5, "Payments Under Fixed-Price Construction Contracts." In addition, the line item for mobilization and preparatory work will not be considered to be a separate division of the work, completion of which would permit the payment of the complete item price without retention.

WES-H-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 (available upon request if/when necessary) 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-1032 SECURITY PROCESSING FOR SERVICE CONTRACTOR AND

SUBCONTRACTOR PERSONNEL WORKING ON A WESTERN AREA POWER

ADMINISTRATION SITE (WAPA, SEP 2011)

The performance of this contract requires that employees of the Contractor, and in some cases a Subcontractor, have access to Western owned or leased facilities. The Contractor agrees to adhere to Western's prescribed process for granting access to Contractor and Subcontractor personnel. This process includes, but is not limited to, a Federal Bureau of Investigation (FBI) fingerprint check and other background checks and investigations as required by Western. Western's processes are detailed in the Contractor Background Investigations Standard Operating Procedures (SOP), located at:

http://ww2.wapa.gov/sites/western/business/selling/Documents/Contractor_Background_Check_SOP.pdf The Contractor agrees to propose employees and Subcontractor employees whose background offers the best prospect of obtaining access to Western facilities. Accordingly, the Contractor will consider the following criteria, which are not all inclusive and may vary depending on access requirements, when seeking to obtain access for employees:

1. Is the employee suspected of being a terrorist;

2. Is the employee the subject of an outstanding warrant;

3. Has the employee deliberately omitted, concealed, or falsified relevant and material facts from any Questionnaire for National Security Positions (SF-86), Questionnaire for Non-Sensitive Positions (SF-85), or similar form;

4. Has the employee presented false or forged identity documents?

5. Is the employee currently awaiting a hearing or trial on, or been convicted of, a crime punishable by imprisonment of six (6) months or longer; or

6. Is the employee awaiting or serving a form of pre-prosecution probation, suspended or deferred sentencing, probation or parole in conjunction with an arrest or criminal charges for a crime punishable by imprisonment of six (6) months or longer. The Contractor shall assure:

1. In initiating the process for physical access to Western facilities:

(i) compliance with all relevant Western procedures:

(ii) that employees properly completes any forms; and

(iii) that employees submit the forms to the person designated by the Contracting Officer.

2. In completing the process for gaining access to a Western facility, that its employees:

(i) cooperate with Western officials responsible for granting access to Western facilities; and

(ii) provide additional information requested by Western officials. Contractor understands and agrees that Western may unilaterally deny access to an individual employee. The denial of access to an individual employee shall not be cause for extension of the period of performance of a Contract or the grounds for any contractor claim against Western. Probationary employment may commence prior to completion of the security investigation(s), however, continued employment will be subject to receipt of a successful adjudication. In the case of unfavorable adjudications, access of contractor/subcontractor employees is subject to the discretion of Western's adjudicator. The Contractor shall return to the Contracting Officer or designee the badge(s) or other credential(s) provided by Western pursuant to this SOP, granting physical access to Western owned or leased facilities by the Contractors employee(s), upon:

1. the termination of this Contract;

2. the expiration of this Contract;

3. an employee's termination of employment; or

4. demand by Western for return of the badge/credentials. The contractor shall include this clause in any subcontract awarded in performance of this contract in which an employee of the subcontractor will require access to Western owned or leased facilities.

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

(a) The performance of this contract requires that employees of the Contractor have physical access to DOE owned or leased facilities. The Contractor understands and agrees that DOE has a prescribed process with which the Contractor and its employees must comply in order to receive a security badge that allows such physical access. This process includes, but is not limited to an FBI fingerprint check and other background checks and investigations as required by DOE. The Contractor further understands that it must propose employees whose background offers the best prospect of obtaining a security badge approval for access, considering the following criteria, which are not all inclusive and may vary depending on access requirements:

(1) is, or is suspected of being, a terrorist;

(2) is the subject of an outstanding warrant;

(3) has deliberately omitted, concealed, or falsified relevant and material facts from any Questionnaire for National Security Positions (SF-86), Questionnaire for Non-Sensitive Positions (SF-85), or similar form;

(4) has presented false or forged identity source documents;

(5) has been barred from Federal employment;

(6) is currently awaiting a hearing or trial or has been convicted of a crime punishable by imprisonment of six (6) months or longer; or

(7) is awaiting or serving a form of pre-prosecution probation, suspended or deferred sentencing, probation or parole in conjunction with an arrest or criminal charges against the individual for a crime that is punishable by imprisonment of six (6) months or longer.

(b) The Contractor shall assure:

(1) In initiating the process for gaining physical access, (i) compliance with procedures established by DOE in providing its employee(s) with any forms directed by DOE, (ii) that the employee properly completes any forms, and (iii) that the employee(s) submits the forms to the person designated by the Contracting Officer.

(2) In completing the process for gaining physical access, that its employee (i) cooperates with DOE officials responsible for granting access to DOE owned or leased facilities and (ii) provides additional information, requested by those DOE officials.

(c) The Contractor understands and agrees that DOE may unilaterally deny a security badge to an employee and that the denial remains effective for that employee unless DOE subsequently determines that access may be granted. Upon notice from DOE that an employees application for a security badge is or will be denied, the Contractor shall promptly identify and submit the forms referred to in subparagraph (b)(1) of this clause for the substitute employee. The denial of a security badge to individual employees by DOE shall not be cause for extension of the period of performance of this Contract or any contractor claim against DOE.

(d) The Contractor shall return to the Contracting Officer or designee the badge(s) or other credential(s) provided by DOE pursuant to this clause, granting physical access to DOE owned or leased facilities by the Contractors employee(s), upon:

(1) the termination of this Contract;

(2) the expiration of this Contract;

(3) the termination of employment on this Contract by an individual employee; or

(4) demand by DOE for return of the badge.

(e) The Contractor shall include this clause, including this paragraph (e), in any subcontract, awarded in the performance of this Contract, in which an employee(s) of the subcontractor will require physical access to DOE owned or leased facilities.

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.

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

ADJUSTMENTS (WAPA, FEB 2008)

a. When contract price adjustments are allowed for performance wholly or substantially by subcontractors or suppliers, the Government will reimburse the prime contractor for actual associated indirect costs and profit up to a maximum adjustment of 10% of the total adjustment allowed for the subcontractor or supplier.

b. Where more than one tier of subcontractors or suppliers are involved in contract performance, the total allowance for the prime contractor's indirect cost and profit shall not exceed 10% of the total adjustment allowed for all subcontractors or suppliers who wholly or substantially perform the work.

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)

52.203-14 Display of Hotline Poster(s). (DEC 2007)

(a) Definition.

"United States," as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)--

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites--

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from http://energy.gov/sites/prod/files/igprod/documents/Hotline_poster.pdf

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5,000,000, except when the subcontract--

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States. (End of clause)

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)

52.204-13…