Contract_Clauses_and_Bid_Schedule.pdf

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SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

WAPA (UGP)

US DOE/WESTERN AREA POWER

PO BOX 1173

BISMARCK ND 58502-1173

UGP-BISMARCK

Western Area Power Administration (UGP)

200 4th Street SW Huron, SD 57350-2474

Michael Lowe 701-221-4529

16WC117443-701

x

06/07/2016

DE-SOL-0009769

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

This solicitation is set aside for Small Business concerns.

The NAICS code for this project is 236220 with a Small Business Size Standard of

$36.5 Million.

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

2016) on www.sam.gov

The period of performance is 36 months from date of award

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 120 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

07/13/2016

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

16WA117443

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

WAPA (UGP)

US DOE/WESTERN AREA POWER

200 4th STREET SW

HURON SD 57350-2474

UGP-HURON

Jonathan D. Dittmer

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

06/07/2016

CLIN Work or Material Estimated Quantity Unit Unit Price Amount

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

0002 Removing and disposing of the reinforced-concrete apron at the Garage and Storage Building. LS $

0003 Miscellaneous sitework LS $

0004 Providing new reinforced-concrete apron at the Garage and Storage Building. LS $

0005 Providing epoxy concrete floor coating to Garage and Storage Building interior concrete floor. 7000 SF $

0006 Building insulation LS $

TOTAL $

UNIT ABBREVIATIONS

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

SECTION B

SUPPLIES OR SERVICES AND PRICES

HURON O & M SERVICE CENTER

RENOVATION OF CONCRETE AND INSULATION

GARAGE/STORAGE BUILDING NO. 3

UPPER GREAT PLAINS REGION

Notes for Schedule B:

The Upper Great Plains (UGP) Region of Western Area Power Administration (WAPA) intends to award an Indefinite Delivery/Indefinite Quantity (IDIQ) contract as a result of this solicitation. The performance period of the basic contract shall be for 36 continuous months from the date of award. Each Task Order will specify the performance period associated with that order. The performance period for the initial Task Order is 120 calendar days after Notice to Proceed.

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

The minimum guaranteed amount for the total duration of the contract shall be $50,000.00. The maximum dollar amount to be awarded under this contract shall not exceed $5,000,000.00.

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

Section C - Description/Specifications DOE-C-2001 Statement of Work (OCT 2014) Section E - Inspection and Acceptance DOE-E-2001 Inspection and Acceptance (OCT 2014) Section F - Deliveries or Performance 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) 52.211-12 Liquidated Damages - Construction. (SEP 2000) 52.211-13 Time Extensions. (SEP 2000) 52.211-18 Variation in Estimated Quantity. (APR 1984) Section G - Contract Administration Data DOE-G-2001 Contracting Officer Authority (OCT 2014) DOE-G-2002 Contracting Officer’s Representative (OCT 2014) DOE-G-2004 Contract Administration (OCT 2014) DOE-G-2007 Contractor Performance Assessment Reporting (OCT 2014)

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

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

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

Section H - Special Contract Requirements DOE-H-2012 Sustainable Acquisitions under DOE Construction Contracts (OCT 2014) DOE-H-2013 Consecutive Numbering (OCT 2014) DOE-H-2033 Alternative Dispute Resolution (OCT 2014) DOE-H-2034 Contractor Interface With Other Contractors And/Or Government Employees (OCT 2014) DOE-H-2044 Material Safety Data Sheet Availability (OCT 2014) DOE-H-2047 Federal Holidays And Other Closures (OCT 2014) DOE-H-2052 Representations, Certifications, And Other Statements of The Offeror (OCT 2014) DOE-H-2055 Government Furnished Property (OCT 2014) DOE-H-2057 Department Of Labor Wage Determinations (OCT 2014) DOE-H-2059 Preservation Of Antiquities, Wildlife And Land Areas (OCT 2014) DOE-H-2065 Reporting Of Fraud, Waste, Abuse, Corruption, Or Mismanagement (OCT 2014)

DOE-H-2076 LOBBYING RESTRICTIONS (OCT 2014)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

WES-H-1048 LIMITATION OF COSTS RESULTING FROM SUBCONTRACTING PRICE ADJUSTMENTS (WAPA, FEB 2008) Section I - Contract Clauses 52.202-1 Definitions. (NOV 2013) 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) 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2015) 52.204-13 System for Award Management Maintenance. (JUL 2013) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts. (JAN 2014) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015) 52.214-26 Audit and Records - Sealed Bidding. (OCT 2010) -- Alternate I (MAR 2009) 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data - Modifications - Sealed Bidding. (AUG 2011) 52.214-28 Subcontractor Certified Cost or Pricing Data - Modifications - Sealed Bidding. (OCT 2010) 52.214-29 Order of Precedence - Sealed Bidding. (JAN 1986) 52.216-18 Ordering. (OCT 1995) 52.216-19 Order Limitations. (OCT 1995) 52.216-22 Indefinite Quantity. (OCT 1995) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.219-8 Utilization of Small Business Concerns. (OCT 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. (OCT 2015) 52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014) 52.222-37 Employment Reports on Veterans. (FEB 2016) 52.222-50 Combating Trafficking in Persons. (MAR 2015) 52.222-54 Employment Eligibility Verification. (OCT 2015) 52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2015) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) 52.225-9 Buy American - Construction Materials. (MAY 2014) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.227-1 Authorization and Consent. (DEC 2007) 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) 52.228-1 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)

52.232-18 Availability of Funds. (APR 1984) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-27 Prompt payment for construction contracts. (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) 52.233-1 Disputes. (MAY 2014) 52.233-1 Disputes. (MAY 2014) - Alternate I (DEC 1991) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-1 Performance of Work by the Contractor. (APR 1984) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) 52.236-10 Operations and Storage Areas. (APR 1984) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up. (APR 1984) 52.236-13 Accident Prevention. (NOV 1991) 52.236-13 Accident Prevention. (NOV 1991) - Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services. (APR 1984) 52.236-15 Schedules for Construction Contracts. (APR 1984) 52.236-17 Layout of Work. (APR 1984) 52.236-21 Specifications and Drawings for Construction. (FEB 1997) - Alternate II (APR 1984) 52.236-26 Preconstruction Conference. (FEB 1995) 52.242-13 Bankruptcy. (JUL 1995) 52.242-14 Suspension of Work. (APR 1984) 52.243-4 Changes. (JUN 2007) 52.243-6 Change Order Accounting. (APR 1984) 52.244-6 Subcontracts for Commercial Items. (FEB 2016) 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 2015) 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) Section J - List of Documents, Exhibits and Other Attachments DOE-J-2001 List of Attachments (OCT 2015) Section K - Representations, Certifications, and Other Statements of Bidders 52.204-8 Annual Representations and Certifications. (APR 2016) 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation. (NOV 2015) 52.209-5 Certification Regarding Responsibility Matters. (OCT 2015) 52.209-7 Information Regarding Responsibility Matters. (JUL 2013) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (FEB 2016) 52.222-38 Compliance with Veterans' Employment Reporting Requirements. (FEB 2016) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certifications. (OCT 2015) 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. (JUL 2015) 52.204-17 Ownership or Control of Offeror. (NOV 2014) 52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2015) 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) 52.204-20 Predecessor of Offeror. (APR 2016) 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) 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999) 52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014) 52.233-2 Service of Protest. (SEP 2006) 52.236-27 Site Visit (Construction). (FEB 1995) 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

DOE-L-2016 NUMBER OF AWARDS (OCT 2015)

DOE-L-2017 EXPENSES RELATED TO OFFEROR SUBMISSIONS (OCT 2015)

DOE-L-2021 GUIDANCE FOR PROSPECTIVE OFFERORS - IMPACT OF TEAMING ARRANGEMENTS ON SMALL

BUSINESS STATUS (OCT 2015)

DOE-L-2022 ALTERNATE BID/PROPOSAL INFORMATION – NONE (OCT 2015)

DOE-L-2026 SERVICE OF PROTEST (OCT 2015)

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) WES-M-1008 Unbalanced Bids (WAPA, NOV 1999)

Section C - Description/Specifications

DOE-C-2001 Statement of Work (OCT 2014)

Attachment A - Project Drawings, pages: 24 Attachment B - Project Specifications, pages: 13 Attachment C – Persons Authorized to Issue Task Orders, pages 1

Attachments are located in Section J.

Section E - Inspection and Acceptance

DOE-E-2001 Inspection and Acceptance (OCT 2014)

Inspection and acceptance of all items under this contract shall be accomplished by the Contracting Officer in accordance with the clause entitled 52.246-12 Inspection of Construction. (APR 1996)]. If the Contracting Officer assigns this responsibility to the Contracting Officer’s Representative or another representative of the Government, the Contracting Officer shall notify the Contractor in writing.

Section F - Deliveries or Performance

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within **TO BE DETAILED ON EACH INDIVIDUAL TASK ORDER** (For this Task Order it is ten (10)) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than **Each Task Order will specify the performance period in calendar days after receipt of Notice to Proceed.** (For this Task Order it is one hundred twenty (120) days). The time stated for completion shall include final cleanup of the premises.

(End of clause)

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

52.211-12 Liquidated Damages - Construction. (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of **TO BE DETAILED ON EACH INDIVIDUAL TASK ORDER** (For this Task Order it is $1,503.79) 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.

(End of clause)

52.211-13 Time Extensions. (SEP 2000)

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

Section G - Contract Administration Data

DOE-G-2001 Contracting Officer Authority (OCT 2014)

The Contracting Officer is responsible for administration of the contract. The Contracting Officer may appoint a Contracting

Officer’s Representative (COR), in accordance with the clause entitled Contracting Officer’s Representative, to perform specifically delegated functions. The Contracting Officer is the only individual who has the authority on behalf of the Government, among other things, to take the following actions under the contract:

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

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

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

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

(e) Accept non-conforming work.

(f) Waive any requirement of the contract.

DOE-G-2002 Contracting Officer’s Representative (OCT 2014)

Pursuant to the clause at DEAR 952.242-70, Technical Direction, the Contracting Officer shall designate in writing a Contracting Officer’s Representative (COR) for this contract, and provide a copy of such designation to the contractor, including the delegated responsibilities and functions. The COR does not have authority to perform those functions reserved exclusively for the Contracting Officer.

DOE-G-2004 Contract Administration (OCT 2014)

To promote timely and effective contract administration, correspondence delivered to the Government under this contract shall reference the contract number, title, and subject matter, and shall be subject to the following procedures:

(a) Technical correspondence. Technical correspondence shall be addressed to the Contracting Officer’s Representative (COR) for this contract, and a copy of any such correspondence shall be sent to Michael Lowe (Contract Specialist) at:

U.S. Department of Energy Western Area Power Administration Attn: B1521.BS 707 N. Bismarck Expressway Bismarck, ND 58502

As used herein, technical correspondence does not include correspondence where patent or rights in data issues are involved, nor technical correspondence which proposes or involves waivers, deviations, or modifications to the requirements, terms or conditions of this contract.

(b) Other Correspondence.

(1) Correspondence regarding patent or rights in data issues should be sent to the Intellectual Property Counsel. A copy of such correspondence shall be provided to Michael Lowe (Contract Specialist) U.S. Department of Energy Western Area Power Administration Attn: B1521.BS 707 North Bismarck Expressway Bismarck, ND 58502.

(2) If no Government Contract Administration Office is designated on Standard Form 33 (Block 24) or Standard Form 26 (Block 6), all correspondence, other than technical correspondence and correspondence regarding patent of rights in data, including correspondence regarding waivers, deviations, or modifications to requirements, terms or conditions of the contract, shall be addressed to the Contract Specialist. Copies of all such correspondence shall be provided to the COR.

(3) Where a Government Contract Administration Office, other than DOE, is designated on either Standard Form 33 (Block 24), or Standard Form 26 (Block 6), of this contract, all correspondence, other than technical correspondence, shall be addressed to the Government Contract Administration Office so designated, with copies of the correspondence to the Contract Specialist and the COR.

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

(1) Contract Specialist:

(A) Michael Lowe

(B) Telephone number: (701) 221-4529

(C) Address: Western Area Power Administration, 707 North Bismarck Expressway, Bismarck ND 58502

(D) Email address: mlowe@wapa.gov

(2) Contracting Officer

(A) Jonathan Dittmer

(B) Telephone number: (605)353-2641

(C) Address: Western Area Power Administration, 200 4th St. SW, Huron, SD 57350

(D) Email address: dittmer@wapa.gov

(3) Contracting Officer’s Representative

(A) **TO BE NAMED AT A LATER DATE

(B) Telephone number: **TO BE GVIEN AT A LATER DATE

(C) Address: **TO BE GVIEN AT A LATER DATE

(D) Email address: **TO BE GVIEN AT A LATER DATE

(4) Intellectual Property Counsel

(A) N/A

(B) Telephone number N/A

(C) Address N/A

(D) Email address N/A

(5) Government Contract Administration Office Western Area Power Administration

(A) Name: Michael Lowe

(B) Telephone number: (701) 221-4529

(C) Mailing address: Western Area Power Administration, 707 North Bismarck Expressway, Bismarck ND 58502

(D) Email address: mlowe@wapa.gov

DOE-G-2007 Contractor Performance Assessment Reporting (OCT 2014)

(a) The Contracting Officer will document the Contractor’s performance under this contract (including any task orders placed against it, if applicable) by using the Contractor Performance Assessment Reporting System (CPARS). CPARS information is handled as “Source Selection Information.” Performance assessments entered into CPARS by the Contracting Officer are transmitted to the Past Performance Information Retrieval System (PPIRS) which is maintained by the Department of Defense (DoD). Information in PPIRS is available to authorized Government personnel seeking past performance information when evaluating proposals for award.

(b) Contractor performance will be evaluated at least annually at the contract or task order level, as determined by the Contracting Officer. Evaluation categories may include any or all of the following at the Government’s discretion: (1) quality, (2) schedule, (3) business relations, (4) business management/key personnel, and (5) cost/price. PPIRS information is available at http://www.ppirs.gov, and CPARS information is available at http://www.cpars.gov. It is recommended that the Contractor take the overview training that can be found on the CPARS website. The Contractor shall acknowledge receipt of the Government’s request for comments on CPARS assessments at the time it is received and shall respond to such requests within thirty (30) calendar days of the request.

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

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

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 Lowe Telephone: (701) 221-4529 U.S. Department of Energy Western Area Power Administration

ATTN: B1521.BS

707 North Bismarck Expressway Bismarck, ND 58502

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

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

1. The DOE Contract Specialist.

2. The DOE Contracting Officer.

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

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

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

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

a. The contractor is authorized up to 60 calendar days after the contract completion date to complete and submit final drawings, operation and maintenance manuals, and any other data required by the contract.

b. This period noted above is strictly for administrative purposes and is not an extension of the actual performance period of the contract. Liquidated damages are not applicable to this period.

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

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

Name:

Title:

Phone Number:

E-mail address:

Fax Number:

Company Name:

Address:

City/State/Zip:

Section H - Special Contract Requirements

DOE-H-2012 Sustainable Acquisitions under DOE Construction Contracts (OCT 2014)

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-2013 Consecutive Numbering (OCT 2014)

Due to automated procedures employed in formulating this document, clauses and provisions contained within may not always be consecutively numbered.

(End of clause)

DOE-H-2033 Alternative Dispute Resolution (OCT 2014)

(a) The DOE and the Contractor both recognize that methods for fair and efficient resolution of contractual issues in controversy by mutual agreement are essential to the successful and timely completion of contract requirements. Accordingly, DOE and the Contractor shall use their best efforts to informally resolve any contractual issue in controversy by mutual agreement. Issues of controversy may include a dispute, claim, question, or other disagreement. The parties agree to negotiate with each other in good faith, recognizing their mutual interests, and attempt to reach a just and equitable solution satisfactory to both parties.

(b) If a mutual agreement cannot be reached through negotiations within a reasonable period of time, the parties may use a process of alternate dispute resolution (ADR) in accordance with the clause at FAR 52.233-1, Disputes. The ADR process may involve mediation, facilitation, fact-finding, group conflict management, and conflict coaching by a neutral party. The neutral party may be an individual, a board comprised of independent experts, or a company with specific expertise in conflict resolution or expertise in the specific area of controversy. The neutral party will not render a binding decision, but will assist the parties in reaching a mutually satisfactory agreement. Any opinions of the neutral party shall not be admissible in evidence in any subsequent litigation proceedings.

(c) Either party may request that the ADR process be used. The Contractor shall make a written request to the Contracting Officer, and the Contracting Officer shall make a written request to the appropriate official of the Contractor. A voluntary election by both parties is required to participate in the ADR process. The parties must agree on the procedures and terms of the process, and officials of both parties who have the authority to resolve the issue must participate in the agreed upon process.

(d) ADR procedures may be used at any time that the Contracting Officer has the authority to resolve the issue in controversy.

If a claim has been submitted by the Contractor, ADR procedures may be applied to all or a portion of the claim. If ADR procedures are used subsequent to issuance of a Contracting Officer’s final decision under the clause at FAR 52.233-1, Disputes, their use does not alter any of the time limitations or procedural requirements for filing an appeal of the Contracting Officer’s final decision and does not constitute reconsideration of the final decision.

(e) If the Contracting Officer rejects the Contractor’s request for ADR proceedings, the Contracting Officer shall provide the Contractor with a written explanation of the specific reasons the ADR process is not appropriate for the resolution of the dispute. If the Contractor rejects the Contracting Officer’s request to use ADR procedures, the Contractor shall provide the Contracting Officer with the reasons for rejecting the request.

DOE-H-2034 Contractor Interface With Other Contractors And/Or Government Employees (OCT 2014)

The Government may award contracts to other contractors for work to be performed at a DOE-owned or –controlled site or facility.

The Contractor shall cooperate fully with all other on-site DOE contractors and Government employees. The Contractor shall coordinate its own work with such other work as may be directed by the Contracting Officer or a duly authorized representative. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor or by a Government employee.

DOE-H-2044 Material Safety Data Sheet Availability (OCT 2014)

In implementation of the clause at FAR 52.223-3, Hazardous Material Identification and Material Safety Data, the Contractor shall obtain, review and maintain a Material Safety Data Sheet (MSDS) in a readily accessible manner for each hazardous material (or mixture containing a hazardous material) ordered, delivered, stored or used; and maintain an accurate inventory and history of use of hazardous materials at each use and storage location. The MSDS shall conform to the requirements of 29 CFR 1910.1200(g).

DOE-H-2047 Federal Holidays And Other Closures (OCT 2014)

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

(1) New Year’s Day

(2) Birthday of Martin Luther King, Jr.

(3) Washington’s Birthday

(4) Memorial Day

(5) Independence Day

(6) Labor Day

(7) Columbus Day

(8) Veterans Day

(9) Thanksgiving Day

(10) Christmas Day

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

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

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

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

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

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

DOE-H-2052 Representations, Certifications, And Other Statements of The Offeror (OCT 2014)

The Contractor’s Representations, Certifications, and Other Statements, dated [insert date] and made in response to Solicitation No.

DE-SOL-0009774 are hereby incorporated into the contract by reference.

DOE-H-2055 Government Furnished Property (OCT 2014)

In accordance with the clause FAR 52.245-1 - Government Property, the Government will provide the property **TO BE NAMED WITH EACH TASK ORDER** (None for this Task Order).

DOE-H-2057 Department Of Labor Wage Determinations (OCT 2014)

The Contractor’s performance under this contract shall comply with the requirements of the U.S. Department of Labor Wage Determination(s) located in Section J, Attachment C and the clause at FAR 52.222-42, Statement of Equivalent Rates for Federal Hires.

DOE-H-2059 Preservation Of Antiquities, Wildlife And Land Areas (OCT 2014)

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

(b) The Contractor shall also preserve all vegetation (including wetlands) except where such vegetation must be removed for survey or construction purposes. Any removal of vegetation shall be in accordance with the terms of applicable habitat mitigation plans and permits. Furthermore, all wildlife must be protected consistent with programs approved by the Contacting Officer.

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

DOE-H-2065 Reporting Of Fraud, Waste, Abuse, Corruption, Or Mismanagement (OCT 2014)

The Contractor shall comply with the following:

(a) Notify employees annually of their duty to report allegations of fraud, waste, abuse, misuse, corruption, criminal acts, or mismanagement relating to DOE programs, operations, facilities, contracts, or information technology systems to an appropriate authority (e.g., OIG, other law enforcement, supervisor, employee concerns office, security officials). Examples of violations to be reported include, but are not limited to, allegations of false statements; false claims; bribery; kickbacks; fraud; DOE environment, safety, and health violations; theft; computer crimes; contractor mischarging; conflicts of interest; and conspiracy to commit any of these acts. Contractors must also ensure that their employees are aware that they may always report incidents or information directly to the Office of Inspector General (OIG).

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

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

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

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

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

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

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

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

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

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

DOE-H-2076 LOBBYING RESTRICTIONS (OCT 2014)

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)

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

The Government may retain/holdback up to ten (5) 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-1005 REQUIRED INSURANCE - POLLUTION LIABILITY (WAPA, FEB 2008)

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

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

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

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

c. Prior to the commencement of work, the Contractor shall furnish a copy of the above-required insurance to the Contracting

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

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

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

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

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

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

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

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

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

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

The contractor shall hold harmless and indemnify the United States and its officers, representatives, and employees, from all claims,…