W9127820R0069 Amendment 0004 with Attachments.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

1. CONTRACT ID CODE PAGE OF PAGES

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9127820R0069

X 9B. DATED (SEE ITEM 11)

22-May-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The subject solicitation for: Unit 1 and 2 Turbine/Generator Rehab at Philpott Powerhouse in Basset, VA

Is modified in the following: REFER TO THE ENCLOSED ADDITIONAL SPECIFICATIONS AND OR CHANGE FOR AMENDMENT NO. 0004

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/

MODIFICATION NO.0004

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE

DATE

CODE

ENDIST MOBILE CONTRACTING DIVISION

109 ST JOSEPH ST

MOBILE AL 36602

W91278 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

11/10/20

X k5ctcjar Cross-Out

Revised 11/06/20 Turbine Replacement & Rewind of Generator Units 1 and 2 Philpott Powerhouse, Bassett, VA

W9127820R0069 Amendment 0004

Amendment 003 Changes Page 1

The subject solicitation for: Unit 1 and 2 Turbine/Generator Rehab at Philpott Powerhouse in Basset, VA

Amendment No. 0004 is issued to provide for the following:

The items listed below are added or revised in the solicitation. Added sections are hereby made a part of the solicitation and are to be inserted in the proper numerical/alphabetical sequence.

SECTION 00 70 00 CONDITIONS OF THE CONTRACT

[Change: A4.1-1]

52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEP 2000)

(a) TURBINE PERFORMANCE GUARANTEES

The parties to the contract agree that the Government will incur financial damage (due to lost generation) if the hydraulic performance guaranteed by the contractor is not achieved. Recognizing that actual damages are difficult to determine with precision, the parties to the contract agree that the following Liquidated Damages reasonably represent the damages, which the Government will incur.

Efficiency Guarantee Based on Field Performance Testing. Each full-size turbine supplied by the Contractor shall meet or exceed the Contractor’s guaranteed minimum weighted prototype hydraulic efficiency. The determination that the efficiency guarantee has been met will be accomplished by the Section 48 13 13.01 26 field performance testing. The field performance testing will be performed at one head chosen by the Government (net head unspecified). The damages assessed for the first unit will also be applied to the second unit.

If the field test determined weighted efficiency for an individual turbine is less than the values guaranteed by the Contractor by an amount not exceeding 1.0%, the Contractor shall be accessed damages for that turbine as described below. If the field test determined efficiency deficiency exceeds 1.0% at any guarantee, the Contracting Officer may reject the turbine. If the turbine is rejected no monetary penalty will be assessed. If the Government elects to collect liquidated damages for efficiency, The following calculations will be performed to determine the damages. The field measured efficiency will be compared to the predicted prototype efficiency at the test head to determine the difference between the actual measured efficiency and the efficiency that was predicted from the turbine design. This difference will be called Delta. At each of the guaranteed heads, the corresponding Delta will be subtracted from the predicted prototype efficiency at each of the guaranteed turbine outputs. The resulting efficiencies at each head will be used to compute the weighted efficiency using the weighting factors.

If the resulting weighted efficiency is found to be less than the guaranteed weighted efficiency by an amount greater than the uncertainty of the field test (1.1%), the following damages will be assessed and collected for each 0.1% above the uncertainty of the field test.

Prototype Weighted Hydraulic Efficiency Liquidated Damages: $19,796 per 0.1% per unit

Philpott Powerhouse, Bassett, VA

W9127820R0069 Amendment 0004

Amendment 003 Changes Page 2

SECTION 01 22 00.00 10 MEASUREMENT AND PAYMENT

& BID SCHEDULE

[Change: A4.2-1]

Bid Item: 0107 On-site Lead Based Paint Removal and Disposal

Est. Qty. 6000 2000 Sq. FT.

[Change: A4.2-2]

Bid Item: 0144 Refurbish Replace Generator Thrust Bearing Coolers

[Change: A4.2-3]

Bid Item: 0145 Headcover and Bottom Ring Condensing and Vacuum Breaker Piping

[Change: A4.2-4]

Bid Item: 0161 Furnish and Install Complete Set of Stator Coils, Supplies, and Accessories

[Change: A4.2-5]

1.2.1 Base Bid Items

Item No. 0144 Refurbish Replace Generator Thrust Bearing Coolers Measurement for Refurbish Replace Generator Thrust Bearing Coolers will be made on a per unit basis under Line Item 0144. Payment includes labor, material, equipment, and transportation required to remove tubes, clean heads, re-tube, inspect replace, pressure test, and provide a report for the new generator thrust bearing oil coolers in accordance with the specifications. For additional information, see

SECTION 42 13 19.01 26

Item No. 0145 Headcover and Bottom Ring Condensing and Vacuum Breaker Piping Measurement for Headcover and Bottom Ring Condensing and Vacuum Breaker Piping will be made on a per unit basis under Line Item 0145. Payment includes labor, material, equipment, and transportation required to replace the headcover and bottom ring condensing and clean and inspect the vacuum breaker piping in accordance with the specifications. For additional information, see SECTION 48 13 13.04 26.

Item No. 0161 Furnish and Install Complete Set of Stator Coils, Supplies, and Accessories Measurement for Furnish and Install Complete Set of Stator Coils, Supplies, and Accessories will be made on a per unit basis under Line Item 0161. Payment includes the furnishing of a complete set of stator coils, including all supplies and accessories to make up a complete new winding including factory testing in accordance with the specifications. For more information see SCETION 48 13 16.00 26.

Philpott Powerhouse, Bassett, VA

W9127820R0069 Amendment 0004

Amendment 003 Changes Page 3

SECTION 09 97 02.00 26 PAINTING HYDRAULIC STRUCTURES

[Change: A4.3-1]

3.5 Painting Schedules

d. Packing/Stuffing Boxes

e. Wicket Gate, the water passage surfaces, excluding vertical surfaces.

The following attachments are incorporated into the subject solicitation.

1. Bidding Schedule – W9127820R0069 – A004 – REV 20201103

2. 00 70 00 - W9127820R0069 – A004 – REV 20201103

3. 01 22 00.00 10 - W9127820R0069 – A004 – REV 20201103

4. 09 97 02.00 26 - W9127820R0069 – A004 – REV 20201103

5. Philpott Original Generator Test Data from 1952

6. Philpott Rotor Pole Photos

7. Philpott Thrust Bearing Oil Cooler Photos

8. Servomotor Drawings

a. 9822960 – Governor and Pump Arrangement

b. PH-LS-D19801 – Governor Controller Actuator Conversion (Sheet 1/2)

c. PH-LS-D19801 – Governor Controller Actuator Conversion (Sheet 2/2)

(END OF CHANGES)

THIS PAGE INTENTIONALLY LEFT BLANK

BID SCHEDULE

PHILPOTT POWERHOUSE UNITS 1-2

TURBINE-GENERATOR REHABILITATION

Item NoDescription Est. Qty. UOM Unit Price Amount

BASE WORK:

0100-0114 SITE WORK AND STRUCTURAL

0101 Site Mobilization and Demobilization 1 Job $ $

0102 Pre-Disassembly Investigation and Measurements 2 Each $ $

Disassemble Hydraulic Turbine/Generator Unit and Inspect Components 2 Each $ $

Reassemble Generating Unit with New Runner and Components 2 Each $ $

0105 Operational Testing After Reassembly of Generating Unit 2 Each $ $

0106 Painting 2 Each $ $

0107 On-site Lead Based Paint Removal and Disposal 2000 Sq FT $ $

0108 Special Tools, Handling Devices and Scaffolding 1 Job $ $

Furnish New Draft Tube Mandoor and Fasteners, Refurbish Door Frame 2 Each $ $

0110 Supply 55 Gallons of Makeup Oil 1 Job $ $

Turbine Maintenance Platform (TMP) Mount Replacement 2 Each $ $

0112 Below-the-Hook Lifting Devices 1 Job

BASE WORK:

0115-0159 MECHANICAL WORK

0115 Hydraulic Turbine Design 1 Job $ $ 0116 Furnish Francis Turbine Runner 2 Each $ $ 0117 Line Bore Wicket Gate Stem Housing 2 Each $ $ 0118 Stay Ring Inspection 2 Each $ $ 0119 Furnish Stationary Sealing Rings 2 Each $ $ 0120 Headcover Refurbishment 2 Each $ $

Turbine Guide Bearing Housing and Support Refurbishment 2 Each $ $

0122 Bottom Ring Refurbishment 2 Each $ $ 0123 Turbine Air Inlet Valve Refurbishment 2 Each $ $

0124 Furnish All Self-Lubricating Bushings and Bearing Plates 2 Each $ $

0125 New Wicket Gates 2 Each $ $ 0126 Supply and Install Turbine Shaft Sleeve 2 Each $ $ 0127 Spare Turbine Shaft Sleeve 1 Each $ $ 0128 Spare Wicket Gate Stem Seal Set 1 Set $ $ 0129 Spare Wicket Gate Shear Linkage Set 1 Set $ $ 0130 Operating Ring Refurbishment 2 Each $ $ 0131 Turbine and Generator Shaft Inspection 2 Each $ $ 0132 Machining of Turbine Shaft 2 Each $ $

Supply and Install Main Turbine Shaft Packing Box Assembly 2 Each $ $

0134 Thrust Runner Phase 1 Inspection 2 Each $ $ 0135 Thrust Bearing Shoes Phase 1 Inspection 2 Each $ $

REV 03 NOV 2020

0136 Guide Bearing Phase 1 Inspection 2 Each $ $

Generator Fire Suppression System Removal, Design, Supply, Install 2 Each $ $

0138 Wicket Gate Operating Mechanism Refurbishment 2 Each $ $

0139 Gate Shaft Refurbishment 2 Each $ $ 0140 Furnish Set of Wicket Gate Shear Linkage 2 Set $ $

Refurbish Turbine Guide Bearing Oil Pumps/Motor System 2 Each $ $

0142 Replace Generator Air Coolers 2 Set $ $ 0143 Spare Generator Air Coolers 1 Set $ $ 0144 Replace Generator Thrust Bearing Coolers 2 Each $ $

0145 Vacuum Breaker Piping 2 Each $ $ 0146 Provision of Boring Bar 1 Job $ $

0147 Setup for Machining and Machining up to 0.020" of Stay Ring Mounting Flanges 4 Each $ $

0148 Setup for Machining and Machining up to 0.020" of Curb Ring 2 Each $ $

0149 Purposely Left Blank

0150 Replace Runner Coupling Fasteners and Key 2 Each $ $

0151 Generator Air Brake and Jacking System Refurbishment 2 Each $ $

0152 Inspect Generator Brake Rings 2 Each $ $ 0153 New Adjustable Eccentric Level Pin Design 2 Each $ $ 0154 Runner Display 1 Job $ $

BASE WORK:

0160-0179 ELECTRICAL WORK

0160 Miscellaneous Electrical Work 2 Each $ $

Furnish Complete Set of Stator Coils, Supplies, and Accessories 2 Each $ $

Manufacture Prototype Coils Identical to Production Coils and Perform Prototype Testing 1 Job $ $

Furnish Production Run Coils For and Perform Production Run Testing 1 Job $ $

Reinsulate Field Coils, Furnish Pole Bodies and Amortisseur Winding, and Install Assembled Field Poles 2 Each $ $

0165 Re-Insulate Rotor Field Leads 2 Each $ $ 0166 Rotating Exciter Refurbishment 2 Each $ $ 0167 Supply Spare Generator Parts 1 Job $ $ 0168 Replace Stator Core 2 Each $ $ 0169 Remove Stator Winding 2 Each $ $ 0170 Inspect, Clean, and Test Rotor 2 Each $ $ 0171 Install and Test Stator Winding 2 Each $ $ 0172 Perform Special Field Tests 1 Job $ $

0201-0235 OPTIONAL WORK

0201 Additional Stay Ring Mounting Surface Machining 8 Each $ $

0202 Additional Head Cover Flange Machining 2 Each $ $ 0203 Additional Bottom Ring Flange Machining 2 Each $ $

0204 Additional Bearing Housing Support Machining 2 Each $ $ 0205 Upper Guide Bearing Phase 2 Inspection 3 Each $ $ 0206 Lower Guide Bearing Phase 2 Inspection 3 Each $ $ 0207 Turbine Guide Bearing Phase 2 Inspection 3 Each $ $ 0208 Thrust Bearing Shoes Phase 2 Inspection 3 Each $ $ 0209 Thrust Runner Phase 2 Inspection 2 Each $ $ 0210 Shipment of Turbine Guide Bearing 3 Each $ $ 0211 Refurbish Turbine Guide Bearing 3 Each $ $ 0212 Shipment of Upper Guide Bearing 3 Each $ $ 0213 Refurbish Upper Guide Bearing 3 Each $ $ 0214 Shipment of Lower Guide Bearing 3 Each $ $ 0215 Refurbish Lower Guide Bearing 3 Each $ $ 0216 Shipment Set of Thrust Bearing Shoes 3 Set $ $

0217 Machining Set of Thrust Bearing Shoes - Babbitt Face 3 Set $ $

0218 Machining Set of Shoes - Backside 3 Set $ $ 0219 Refurbish Set of Thrust Bearing Shoes 3 Set $ $ 0220 Shipment of Thrust Bearing Runner 2 Each $ $

0221 Resurfacing Thrust Bearing Runner and Backside 2 Each $ $

Resurfacing Thrust Bearing Runner Running Surface Only; Runner Separate from Generator Shaft 2 Each $ $

0223 Purposely Left Blank 0224 Shipment of Thrust Collar 2 Each $ $ 0225 Refurbishment of Thrust Collar 2 Each $ $ 0226 Generator Brake Ring Refurbishment 2 Each $ $ 0227 Additional Touch Up Painting 500 NTE Sq Ft $ $ 0228 Piezometer Tap Inspection and Repair 2 Each $ $ 0229 Runner and Thrust Collar Stoning 2 Each $ $ 0230 Supply 425 Gallons of Turbine Oil for Unit 1 1 Job $ $ 0231 Supply 425 Gallons of Turbine Oil for Unit 2 1 Job $ $ 0232 Supply Set of Thrust Bearing Springs 1 Set $ $ 0233 New Head Cover 1 Each $ $ 0234 Welding Services 300 EST Man Hours $ $ 0235 Machinist Hire 400 EST Man Hours $ $ 0236 Electrical Hire 200 EST Man Hours $ $ 0237 Painter Hire 100 EST Man Hours $ $ 0238 Other Skilled Craftsman Hire 200 EST Man Hours $ $ 0239 General Laborer Hire 200 EST Man Hours $ $ 0240 Liquid Penetrant Method 100 EST Man Hours $ $ 0241 Magnetic Particle Method 100 EST Man Hours $ $ 0242 Ultrasonic Method 100 EST Man Hours $ $ 0243 Radiographic Method 40 EST Man Hours $ $ 0244 Thermal Spraying 60 EST Man Hours $ $ 0245 Visual Inspection 100 EST Man Hours $ $ 0246 Miscellaneous Welding 300 NTE Pounds $ $

OPTIONAL ITEMS

The Government may require the delivery of the item(s) identified in the Price Schedule as an "(Optional)" item. The quantities for these items may be increased or decreased or the item(s) may not be used at all, at the discretion of the

Government. The unit price or amount of an optional item will remain unchanged whether the quantities are increased or decreased. The Government may exercise an option by written notice to the Contractor commencing from the date of contract award through the date the contract is closed, unless otherwise specified herein. If an optional item is exercised, the contract completion date will not be extended, however, with mutual agreement, the schedule of work may be modified.

Where appropriate, the above may be supplemented by applicable provisions of Part 17, Subpart 17.2, "Options" of the

Federal Acquisition Regulations (FAR). Clauses and/or provisions addressing "Variations in Estimated Quantities" will not apply to these As Needed items.

ESTIMATED ITEM

The quantity for Item's marked EST is estimated and may be increased or decreased at the discretion of the Government.

NOT TO EXCEED

The quantity for Item's marked NTE is the maximum allowed by the Government for that Item without modification to the contract.

NOTES FOR BIDDING SCHEDULES

NOTE NO. 1. To better facilitate the receipt and proposal process, all modifications to proposals are to be submitted on copies of the latest bid schedules as published in the solicitation or the latest amendment thereto. In lieu of indicating additions/deductions to bid items, bidder should state the revised prices for each item. The company name should be indicated on the face of the bidding schedule to preclude being misplaced.

NOTE NO. 2. Bidder must insert a price on all numbered items of the Bidding Schedule. Failure to do so will disqualify the bid.

NOTE NO. 3. If a modification to a bid is submitted and provides for a job adjustment to the total estimated cost, the application of the job adjustment to each unit price and/or job price, in the bid schedule must be stated or, if it is not stated, the bidder agrees that the job adjustment shall be applied on a prorate basis to every bid item in the bid schedule.

NOTE NO. 4. CONDITIONS GOVERNING EVALUATION OF BIDS AND AWARD OF CONTRACT.

Only one contract will be awarded and award will be made on the Base Bid and Options in accordance with FAR Clause 52.217-5 entitled Evaluation of Options (JUL 1990) in Section 00100: INSTRUCTION TO BIDDERS and according to the "Best Value" approach as defined in Section 00 12 00: PROPOSAL EVALUATION CRITERIA, AND BASIS OF AWARD.

The Government may require the delivery of the numbered line items, identified in the schedule as option items, in the quantity and at the price stated in the schedule. Subject to the availability of funds, the Contracting Officer may exercise the option by written notice to the Contractor within 60 days of contract award

END OF BID SCHEDULE

Revised 11/03/2020 Turbine & Rewind of Generator Units 1 and 2 Philpott Powerhouse, Bassett, VA

W9127820R0069

Section 00 70 00 - Conditions of the Contract Page 1

Section 00 70 00 - Conditions of the Contract

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-2 Security Requirements AUG 1996 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 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

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

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research APR 2011 52.211-1 Availability of Specifications Listed in the GSA Index of

Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29

AUG 1998

52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

Philpott Powerhouse, Bassett, VA

W9127820R0069

Section 00 70 00 - Conditions of the Contract Page 2

52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.216-4 Economic Price Adjustment – Labor and Material JAN 2017 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

MAR 2020

52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Alt II Small Business Subcontracting Plan (AUG 2018) Alternate II MAR 2020 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 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 SEP 2016 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 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.227-1 Authorization and Consent DEC 2007 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 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 AUG 2018 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013

Philpott Powerhouse, Bassett, VA

W9127820R0069

Section 00 70 00 - Conditions of the Contract Page 3

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-16 Progress Payments APR 2012 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-1 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 52.236-14 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 52.236-26 Preconstruction Conference FEB 1995 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items AUG 2019 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2015 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7004 Display of Hotline Posters AUG 2019 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

Philpott Powerhouse, Bassett, VA

W9127820R0069

Section 00 70 00 - Conditions of the Contract Page 4

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) MAY 2019 252.223-7004 Drug Free Work Force SEP 1988 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.227-7033 Rights in Shop Drawings APR 1966 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.242-7004 Material Management And Accounting System MAY 2011 252.242-7006 Accounting System Administration FEB 2012 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) -

ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 1095 calendar days after date of award. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 10 days after award date. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

1. DAILY LIQUIDATED DAMAGES - CONSTRUCTION

(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 $1,307.75 per day per Unit 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.

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2. MISSED PERFORMANCE AND CAVITATION GUARANTEES

(a) TURBINE PERFORMANCE GUARANTEES

The parties to the contract agree that the Government will incur financial damage (due to lost generation) if the hydraulic performance guaranteed by the contractor is not achieved. Recognizing that actual damages are difficult to determine with precision, the parties to the contract agree that the following Liquidated Damages reasonably represent the damages, which the Government will incur.

Efficiency Guarantee Based on Field Performance Testing. Each full-size turbine supplied by the Contractor shall meet or exceed the Contractor’s guaranteed minimum weighted prototype hydraulic efficiency. The determination that the efficiency guarantee has been met will be accomplished by the Section 48 13 13.01 26 field performance testing. The field performance testing will be performed at one head chosen by the Government (net head unspecified). The damages assessed for the first unit will also be applied to the second unit.

The following calculations will be performed to determine the damages. The field measured efficiency will be compared to the predicted prototype efficiency at the test head to determine the difference between the actual measured efficiency and the efficiency that was predicted from the turbine design. This difference will be called Delta. At each of the guaranteed heads, the corresponding Delta will be subtracted from the predicted prototype efficiency at each of the guaranteed turbine outputs. The resulting efficiencies at each head will be used to compute the weighted efficiency using the weighting factors.

If the resulting weighted efficiency is found to be less than the guaranteed weighted efficiency by an amount greater than the uncertainty of the field test (1.1%), the following damages will be assessed and collected for each 0.1% above the uncertainty of the field test.

Prototype Weighted Hydraulic Efficiency Liquidated Damages: $19,796 per 0.1% per unit

(b) CAVITATION GUARANTEES.

The parties to the contract agree that the Government will incur financial damages if excessive pitting due to cavitation occurs and cannot be resolved. Recognizing that actual damages are difficult to determine with precision, the parties to the contract agree that the following sum reasonably represents the damages, which the Government will incur. In the event that cavitation damage in excess of the amount allowed under Section 48 13 13.01 26 is discovered within the two year or 10,000 hour warranty period (whichever is reached first) of each turbine unit accepted, the Contractor shall repair the damage and make modifications to prevent future damage. In the event that cavitation damage in excess of the amount allowed under Section 48 13 13.01 26 is discovered again after the Contractor has completed one repair for each unit accepted and prior to another two years or 10,000 hours of operation has elapsed; the Contractor shall perform a second repair for each turbine unit and also pay the Government a lump sum final liquidated damage in the amount of $70,954 per unit. After the second repair on each unit, no future cavitation repairs will be required to that unit. See Section 48 13 13.01 26 for further details.

(c) GENERATOR STATOR WINDING PERFORMANCE GUARANTEE

Should the measured combined stator dc I²R (copper) loss and stray load loss, including resistance of the circuit rings, be greater than the guaranteed value (Section 00 11 00), and should the Contractor fail, within a reasonable time, to modify the winding so that it meets the loss guarantees, and should the winding be otherwise in satisfactory operational condition, the Contracting Officer, in lieu of pursuing other remedies provided in the Contract, may accept it conditionally. In that event, the Contractor agrees that he will pay the Government, or will authorize the Government to withhold from him any monies which otherwise would be due to him, in the amount of $6,636 for each additional kilowatt of measured combined stator dc I²R (copper) loss and stray load loss above the loss guaranteed for each unit.

The measured combined stator dc I²R (copper) loss and stray load loss shall be determined by field (efficiency) tests.

(End of clause)

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52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern 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 criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall represent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall represent its size status in accordance with the size standard in effect at the time of this representation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed:

http://www.sba.gov/content/table-small-business-size-standards http://www.sba.gov/content/table-small-business-size-standards

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The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code - assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

52.225-11 BUY AMERICAN--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT

2019)

(a) Definitions. As used in this clause--

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

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

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

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

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

Component means an article, material, or supply incorporated directly into a construction material.

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

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

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(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.

Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

“Free Trade Agreement country construction material” means a construction material that—

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(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

“Least developed country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

United States means the 50 States, the District of Columbia, and outlying areas.

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate ``none'']

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that--

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

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(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant…