Sol_89503126QWA000427.pdf
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- Attached to
- WAPA DSW URGENT CABLE REPLACEMENT Federal contract opportunity
- Solicitation number
- 89503126QWA000427
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Solicitation Summary
This is a Combined Synopsis/Solicitation Request for Quote (RFQ) issued by the U.S. Department of Energy, Western Area Power Administration, Desert Southwest Region for urgent replacement cable. The solicitation number is 89503126QWA000427, issued September 3, 2026, with quotes due by September 8, 2026 at 6:00 PM ET. The acquisition is a total small business set-aside under NAICS code 335929 (Other Communication and Energy Wire Manufacturing) with a 1,000-employee size standard. The Government intends to award one firm-fixed-price purchase order and reserves the right to make no award.
The requirement is for 12,500 feet of tinned copper cable, 2 AWG, soft drawn, bare, butt wrap (Champion Wire brand name or equal), part number 2S-01BC01, to be provided in 25,500 ft rolls. Delivery is FOB Destination to the WAPA DSW Warehouse at 615 S. 43rd Ave, Phoenix, AZ 85009, with 6,500 feet required by October 9, 2026 and the remaining 6,000 feet by November 30, 2026. Quotes must include a statement verifying compliance with delivery timelines, full pricing information with estimated delivery dates after receipt of order, manufacturer technical specifications, contractor business name, SAM UEI, and primary point of contact. Vendors must be registered in SAM at time of quote submission and maintain registration through final payment. Pricing and terms must remain valid for a minimum of 30 days from solicitation closing. Questions must be submitted to Brant Sylvester at sylvester@wapa.gov by September 7, 2026, and quotes must be submitted via email to the same address with subject line "Solicitation 89503126QWA000427." Award will be based on lowest evaluated price with technical acceptability.
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| AutoSpec_Solid_Bare_Tinned_Copper.pdf |
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U.S. DEPARTMENT OF ENERGY
Western Area Power Administration, Desert Southwest Region
615 S. 43rd Ave, Phoenix, AZ 85009-5313
COMBINED SYNOPSIS/SOLICITATION “COMBO” REQUEST FOR QUOTE (RFQ):
WAPA DSW URGENT REPLACMENT CABLE
i) This is a combined synopsis/solicitation prepared in accordance with the format in Federal
Acquisition Regulation (FAR) Revolutionary FAR Overhaul (RFO) Subpart 12.2, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation to be issued; quotations are being requested, and a written solicitation will not be issued.
ii) Solicitation 89503126QWA000427 is issued as a firm fixed price Request for Quote (RFQ). This acquisition requires a qualified contractor to furnish BRAND NAME OR EQUAL Tinned Copper Cable in accordance with the below description and attached specifications. 6,500 ft of the cable must be delivered by no later than 9 October 2026 and the remaining must be delivered by 30 November 2026.
Line Item Item Description Quantity
00001 CABLE, TINNED COPPER, 2 AWG, SOFT
DRAWN, BARE, BUTT WRAP, CHAMPION WIRE
(BRAND NAME OR EQUAL), P/N, 2S-01BC01,
MUST BE PROVIDED IN 25, 500 FT ROLLS
12,500 ft
iii) This requirement is solicited under “Total Small Business Set Aside” competition. The North American Industrial Classification System (NAICS) code associated with this procurement is 335929
– Other Communication and Energy Wire Manufacturing, which contains a small business size standard of 1000 employees.
iv) Quote Submission Details:
Vendors shall provide the following with their quote in order to be evaluated for technical acceptability:
a. Statement verifying they comply with the delivery timeline required
b. Pricing document providing full pricing information for the above CLINs and estimated delivery date After Receipt of Order (ARO) for each CLIN.
c. Manufacturer technical specifications document that provides technical details of the exact cabling quoted.
d. Contractors’ business name, SAM UEI, and primary point of contact information.
e. Vendor shall make pricing and terms valid for a minimum of 30 days from the solicitation closing date.
v) As a result of this solicitation, the Government intends to award one firm-fixed-price purchase order.
The Government reserves the right to make no award against this solicitation.
vi) Delivery shall be FOB Destination. 6,500 ft of the cable must be delivered by no later than 9 October 2026 and the remaining must be delivered by 30 November 2026. – Delivery location is as follows:
US DOE/WESTERN AREA POWER
DSW WAREHOUSE
615 S 43rd Ave
PHOENIX AZ, 85009
vii) FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Deviation
Nov 2025) applies to this acquisition. In addition to the following addendum, all terms and conditions of FAR 52.212-1 remain in effect.
viii) To ensure timely and equitable evaluation of the quotes, vendors must follow the instructions contained herein. The quote must be complete, self-sufficient, and respond directly to the requirements of this solicitation. Failure to include the information indicated may result in the quote being considered non-responsive with the solicitation requirements and therefore not considered for award.
(xi) The Government anticipated awarding one purchase order resulting from this solicitation to a responsible contractor(s) with a technically acceptable quote and lowest evaluated price. The Government reserves the right to make no award resulting from this RFQ. If a change occurs in this requirement, only those offerors that respond to this announcement within the required time frame will be provided any changes/amendments and considered for future discussions and/or award.
(xii) The clause at RFO 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition.
(xiii) FAR, DOE, and WAPA clauses/provisions are included with this announcement.
(xiv) Contractors are required to be registered in the System for Award Management (SAM) (www.sam.gov) when submitting a quotation and shall continue to be registered until time of award, during performance, and through final payment of any contract resulting from this solicitation. The contractor shall provide its name and address on the cover page of its quote, followed by unique entity identifier (UEI). The unique entity identifier will be used by the Contracting Officer to verify that the contractor is registered in SAM.
If the vendor does not become registered in SAM in the time prescribed by the Contracting Officer (at the time of quote submission), the Contracting Officer will proceed to award to the next otherwise successful registered vendor.
Processing time should be taken into consideration when registering. Vendors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation.
(xv) NOTICE TO ALL INTERESTED PARTIES:
Questions shall be submitted to: Brant Sylvester at sylvester@wapa.gov by no later than Monday, September 7th, 2026. In no event shall telephone discussions be construed as changes to the solicitation or place conditions on the solicitation. Only written amendment(s) to the solicitation issued by the Contracting Officer shall constitute a change to the solicitation or specifications.
Quotes must be received via e-mail to Brant Sylvester at sylvester@wapa.gov with the subject line “Solicitation 89503126QWA000427” no later than the RFQ close date and time specified within SAM.gov/FedConnect. Please note that this request does not commit the government to pay any costs incurred in the submission of your quote, nor to contract for said services.
List of Attachments:
1. Specifications sheet (BRAND NAME OR EQUAL)
WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3.AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE
. YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4.
FAR 52.212-3 AND 52.212-5 ARE ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH
AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND
ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED
DATED.
OFFER
ADDENDA
ADDENDA
89503126QWA000427
WAPA (DSW)
US DOE/WESTERN AREA POWER
DSW WAREHOUSE
615 S. 43RD AVE
PHOENIX AZ 85009
WAPA (DSW)
US DOE/WESTERN AREA POWER
DESERT SOUTHWEST REGIONAL OFFICE
PO BOX 6457
PHOENIX AZ 85005-6457
Western-Desert Soutwest Region
WAPA (DSW)
US DOE/Western Area Power Desert Southwest Regional Office 615 S. 43rd Avenue Phoenix AZ 85009
09/08/2026 1800 ED
26WA162772
Brant Sylvester 916-698-3026
895031 100.00
DSW
Brant M. Sylvester
335929
1,000
09/03/2026
09/03/2026
3H10
Solicitation 89503126QWA000427 is issued as a firm fixed price Request for Quote (RFQ). This acquisition requires a qualified contractor to furnish BRAND NAME OR EQUAL Tinned Copper Cable in accordance with the below description and
Continued...
STOCK RECORD (S/R)
STANDARD FORM 1449 (REV. 11/2021) BACK
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
ACCEPTED,
attached specifications. 6,500 ft of the cable must be delivered by no later than 9 October
2026 and the remaining must be delivered by 30
November 2026.
00001 12500 FTCABLE, TINNED COPPER, 2 AWG, SOFT DRAWN, BARE,
BUTT WRAP, CHAMPION WIRE (BRAND NAME OR EQUAL),
P/N, 2S-01BC01, ORDER IN 25, 500 FT ROLLS.
Section A - Solicitation/Contract Form
WES-F-2001 ADVANCE SHIPPING NOTIFICATION REQUIRED (WAPA, MAR 2008)
WES-F-2002 REQUIREMENT TO UNLOAD EQUIPMENT AT THE DESTINATION (WAPA, FEB 2008)
WES-L-2004 CONTRACTOR'S CONTRACT ADMINISTRATION (WAPA, FEB 2008)
Section B - Supplies or Services/Prices Section C - Description/Specifications Section D - Packaging and Marking Section E - Inspection and Acceptance Section F - Deliveries or Performance Section G - Contract Administration Data
WES-G-2005 BILLING INSTRUCTIONS – INVOICE PROCESSING PLATFORM (IPP) (WAPA, OCT
2023)
DOE-G-2001 CONTRACTING OFFICER AUTHORITY (OCT 2014)
Section H - Special Contract Requirements
WES-H-2014 SAFETY AND HEALTH – MODERATE RISK (WAPA, MAY 2018)
Section I - Contract Clauses
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS.
(DEC 2014)
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS.
(NOV 2015) (DEVIATION NOV 2025)
52.212-4 TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.
(NOV 2023) (DEVIATION NOV 2025)
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE. (NOV 2020) (DEVIATION DEC 2025)12
52.222-3 CONVICT LABOR. (JUN 2003) (DEVIATION MAR 2026)
52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (APR 2026)
(DEVIATION APR 2026)
52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING.
(MAY 2024)
52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN SYSTEM FOR AWARD
MANAGEMENT. (JUL 2013)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS.
(MAR 2023)
52.233-1 DISPUTES. (MAY 2014) (DEVIATION NOV 2025)
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004) (DEVIATION NOV
2025)
52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (OCT
2025) (DEVIATION APR 2026)
52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES. (NOV 2020)
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
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS. (FEB 2024) (DEVIATION DEC 2025)
Section L - Instructions,Conditions, and Notices to Bidders
52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES. (SEP 2023) (DEVIATION NOV 2025)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS. (NOV 2020)
Section M - Evaluation Factors for Award
52.212-2 EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (NOV 2021)
(DEVIATION NOV 2025)
Section A - Solicitation/Contract Form
WES-F-2001 ADVANCE SHIPPING NOTIFICATION REQUIRED (WAPA, MAR 2008)
a. Contract line items (CLINs) ALL CLINs must be delivered on one of the following weekdays Monday - Thursday excluding Government holidays, between the hours of 9:00 am - 3: 00 pm local time , or at a day and time agreed upon by the Government representative(s) named below.
b. The Government representative must receive advance notification of the intended shipment at least 7 days prior to delivery prior to shipment. The contractor shall provide the day and time of delivery, identify the shipper, and provide the telephone number of the shipper's office. Delivery notification is critical because many of Western's delivery locations are unmanned stations located in remote areas that do not have receiving docks or unloading equipment. Proper notification will ensure that Western personnel are on site and have the equipment necessary to unload the shipment.
c. If the contractor fails to make the required advance notification, the Government may not be able to receive the equipment. Any additional costs incurred by the Government to properly receive and/or relocate the equipment that are caused by the contractor's failure to provide sufficient advance notification will be charged to the contractor under the terms of this contract. The designated Government representative is: Nicholas Duncan (307) 336-5080 NDuncan@WAPA.GOV .
WES-F-2002 REQUIREMENT TO UNLOAD EQUIPMENT AT THE DESTINATION (WAPA, FEB
2008)
a. The contractor is responsible for unloading the equipment specified in CLIN(s) ALL CLINs to a ground level pad within the substation or other specific location as directed by the Government. The contractor must provide any specialized unloading equipment or truck features that are necessary to unload the equipment. The contractor's costs for properly configured trucks and unloading the equipment at the delivery location shall be included in the quoted price.
b. Responsibility for loss or damage to the equipment shall remain with the contractor until the Government accepts the equipment at the destination. If the equipment is rejected due to failure to conform to the contract requirements, the risk of loss or damage shall remain with the contractor until the defects are corrected and the equipment is subsequently accepted by the Government.
WES-L-2004 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:[Name]
Title:[Title]
Phone Number:[Telephone Number]
E-mail address:[E-Mail Address]
Fax Number:[Telephone Number]
Company Name:[Company Name]
Address:[Address]
City/State/Zip:[City/State/Zip]
Section B - Supplies or Services/Prices
Section C - Description/Specifications
Section D - Packaging and Marking
Section E - Inspection and Acceptance
Section F - Deliveries or Performance
Section G - Contract Administration Data
WES-G-2005 BILLING INSTRUCTIONS – INVOICE PROCESSING PLATFORM (IPP) (WAPA,
OCT 2023)
a) In accordance with Office of Management and Budget Memorandum M-15-19, effective April 1, 2018, all invoices must be submitted electronically.
b) Contractors shall submit invoices electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). IPP allows vendors to submit invoices, attach supporting documentation and check the payment status of any invoice submitted to the DOE. Instructions concerning contractor enrollment and use of IPP can be found at https://www.ipp.gov.
c) For an invoice to be payable it must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts.
d) A paper copy of an invoice that has been submitted electronically will not be accepted.
(End of Clause)
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 Purchase Order (PO):
(a) Assign additional work within the general scope of the PO.
(b) Issue a change in accordance with the clause entitled Changes.
(c) Change the cost or price of the PO.
(d) Change any of the terms, conditions, specifications, or services required by the PO.
(e) Accept non-conforming work.
(f) Waive any requirement of the PO.
(End of Clause)
Section H - Special Contract Requirements
WES-H-2014 SAFETY AND HEALTH – MODERATE RISK (WAPA, MAY 2018)
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. Prior to the performance of work involving the use of cranes, a copy of the crane inspection records, operators and riggers certifications, and completed on-site crane load test form shall be furnished to WAPA’s on-site representative. The United States is liable only for negligence on the part of its employees 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.
(End of Clause)
Section I - Contract Clauses
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS.
(DEC 2014)
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS.
(NOV 2015) (DEVIATION NOV 2025)
52.212-4 TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES. (NOV 2023) (DEVIATION NOV 2025)
(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.
(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights-
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence.
Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall-
(1) Notify the Contracting Officer in writing as soon as possible;
(2) Remedy the delay as quickly as possible; and
(3) Notify the Contracting Officer when the occurrence is over.
(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C.
3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment-
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable;
(D) Contractor point of contact; and
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(5) Interest.(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if-
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt;
or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon-
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.
(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services;
(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) Other contract clauses incorporated in the solicitation or contract;
(4) Addenda to this solicitation or contract;
(5) Solicitation provisions incorporated in the solicitation;
(6) Other paragraphs of this clause;
(7) Other documents, exhibits, and attachments; and
(8) The specification.
(s) Unauthorized obligations.
(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(u) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE. (NOV 2020) (DEVIATION DEC 2025)
(a) Definition. Small business concern, as used in this clause-
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.
(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(b) Applicability. This clause applies only to-
(1) Contracts that have been set aside for small business concerns; and
(2) Orders set aside for small business concerns under multiple-award contracts as described in
8.4 and 16.5.
(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
(End of clause)
52.222-3 CONVICT LABOR. (JUN 2003) (DEVIATION MAR 2026)
52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (APR 2026)
(DEVIATION APR 2026)
52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE
DRIVING. (MAY 2024)
52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN SYSTEM FOR
AWARD MANAGEMENT. (JUL 2013)
(a) Method of payment. (1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT) except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer.
(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-
(i) Accept payment by check or some other mutually agreeable method of payment; or
(ii) Request the Government to extend payment due dates until such time as the Government makes payment by EFT (but see paragraph (d) of this clause).
(b) Mandatory submission of Contractor's EFT information. (1) The Contractor is required to provide the Government with the information required to make payment by EFT (see paragraph (j) of this clause). The Contractor shall provide this information directly to the office designated in this contract to receive that information (hereafter: "designated office") by [the Contracting Officer shall insert date, days after award, days before first request, the date specified for receipt of offers if the provision at 52.232-38 is utilized, or "concurrent with first request" as prescribed by the head of the agency; if not prescribed, insert "no later than 15 days prior to submission of the first request for payment"]. If not otherwise specified in this contract, the payment office is the designated office for receipt of the Contractor's EFT information. If more than one designated office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the designated office(s).
(2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information in terms acceptable to the designated office. However, EFT information supplied to a designated office shall be applicable only to contracts that identify that designated office as the office to receive EFT information for that contract.
(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.
(d) Suspension of payment. (1) The Government is not required to make any payment under this contract until after receipt, by the designated office, of the correct EFT payment information from the Contractor.
Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.
(2) If the EFT information changes after submission of correct EFT information, the Government shall begin using the changed EFT information no later than 30 days after its receipt by the designated office to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the updated EFT information is implemented by the payment office. If such suspension would result in a late payment under the prompt payment terms of this contract, the Contractor's request for suspension shall extend the due date for payment by the number of days of the suspension.
(e) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for-
(i) Making a correct payment;
(ii) Paying any prompt payment penalty due; and
(iii) Recovering any erroneously directed funds.
(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and-
(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or
(ii) If the funds remain under the control of the payment office, the Government shall not make payment and the provisions of paragraph (d) shall apply.
(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.
(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall provide the EFT information required by paragraph (j) of this clause to the designated office, and shall be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.
(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information provided by the Contractor's financial agent.
(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address in the contract.
(j) EFT information. The Contractor shall provide the following information to the designated office.
The Contractor may supply this data for this or multiple contracts (see paragraph (b) of this clause). The Contractor shall designate a single financial agent per contract capable of receiving and processing the EFT information using the EFT methods described in paragraph (c) of this clause.
(1) The contract number (or other procurement identification number).
(2) The Contractor's name and remittance address, as stated in the contract(s).
(3) The signature (manual or electronic, as appropriate), title, and telephone number of the Contractor official authorized to provide this information.
(4) The name, address, and 9-digit Routing Transit Number of the Contractor's financial agent.
(5) The Contractor's account number and the type of account (checking, saving, or lockbox).
(6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the Contractor's financial agent.
(7) If applicable, the Contractor shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the Contractor's financial agent is not directly on-line to the Fedwire Transfer System; and, therefore, not the receiver of the wire transfer payment.
(End of clause)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS.
(MAR 2023)
52.233-1 DISPUTES. (MAY 2014) (DEVIATION NOV 2025)
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004) (DEVIATION
NOV 2025)
52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.
(OCT 2025) (DEVIATION APR 2026)
(a) Definitions. As used in this clause-
Commercial product, commercial service and nondevelopmental item have the meanings contained in Federal Acquisition Regulation (FAR) 2.101.
Subcontract has the meaning at FAR 44.401
(b) Requirements.
(1) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial products, commercial services, or non-developmental items as components of items to be supplied under this contract.
(2) If a clause in the following table is included in the contract, the Contractor shall insert the clause in subcontracts for commercial products or commercial services and must flow down the requirements of the clause to subcontracts as indicated in the specific clause:
Number Title Date
52.203-13 Contractor Code of Business Ethics and Conduct NOV
52.203-17 Contractor Employee Whistleblower Rights NOV
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.219-8 * Utilization of Small Business Concerns JAN 2025
52.222-35 Equal Opportunity for Veterans JUN 2020
52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020
52.222-37 Employment Reports on Veterans JUN 2020
52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC
52.222-41 Service Contract Labor Standards AUG
52.222-50 Combating Trafficking in Persons NOV
52.222-50 with Alt I Combating Trafficking in Persons, with its Alternate I MAR
52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements
MAY
52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements
MAY
52.222-54 Employment Eligibility Verification JAN 2025
52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022
52.222-90 Addressing DEI Discrimination by Federal Contractors APR
52.224-3 Privacy Training JAN 2017
52.224-3 with Alt I Privacy Training, with Alternate I JAN 2017
52.225-26 Contractors Performing Private Security Functions Outside the United States
OCT
52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR
52.240-91 Security Prohibitions and Exclusions DATE
52.240-91 with Alt I Security Prohibitions and Exclusions, with its Alternate I DATE
52.240-92 Security Requirements DATE
52.240-92 with Alt II Security Requirements, with its Alternate II DATE
52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels NOV
* Include only if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.109(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(c) Subcontracts. The Contractor shall include the terms of this clause, including this paragraph (c), in subcontracts awarded under this contract.
(End of clause)
52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/
(End of clause)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES. (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.
(b) The use in this solicitation or contract of any Department of Energy Acquisition Regulation (DEAR) (48 CFR Chapter 9) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.
(End of clause)
Section J - List of Documents, Exhibits and Other Attachments Attachment
Number Title Date
A Attachment A_Cable Specs BRAND NAME OR EQUAL 09/03/2026
DOE-J-2001 LIST OF ATTACHMENTS (OCT 2015)
The following attachments constitute part of this contract:
List of Attachments
Attachment Number Title Date
A Attachment A_Cable Specs BRAND NAME OR EQUAL 09/03/2026
(End of Clause)
Section K - Representations, Certifications, and Other Statements of Bidders
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS. (FEB 2024) (DEVIATION DEC 2025)
(a) Definitions. As used in this provision-
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) ( 13 CFR 126.103).
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.
Small business concern-
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant…
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