Reference
/Clause
/Applicability
Part II, Section I
Contract Clauses
CLAUSES INCORPORATED HEREIN. Pursuant to FAR FAR 52.252-2, the following clauses from the Federal Acquisition Regulation (FAR) and the Department of Energy Acquisition Regulation (DEAR) are incorporated by reference with the same force and effect as if they were given in full text. Upon request the FFPO Buyer/ FFPO Subcontract Manager will make their full text available or are available on the internet at When stated in these clauses, "Government" or “DOE” means FFPO; "Contractor" means the party to whom this Contract is awarded; and "Contracting Officer" means FFPO Buyer/FFPO Subcontract Manager; except that in clauses marked (*) where "Government" means United States Government and/or FFPO; and "Contracting Officer" means Department of Energy Contracting Officer and/or FFPO Buyer/FFPO Subcontract Manager.
Reference
/Clause
/Applicability
I- 1. / DEAR 915.404-4-71-5(JUL 2009) / Fee Schedules / Firm Fixed Contracts; All modification(s) and non-competitive award(s) when deemed appropriate by the Subcontract Manager
I- 2. / DEAR 952.203-70
(DEC 2000) / Whistleblower Protection for Contractor Employees / All awards
I- 3. / DEAR 952.204-2
(MAR 2011) (Deviation dtd
OCT 2013) / Security
1) (Deviation in full text) / All awards
I- 4. / DEAR 952.204-70
(SEPT 1997) / Classification/Declassification / All awards
I- 5. / DEAR 952.204-77
(AUG 2006) / Computer Security / When contractor has access to Government computers
I- 6. / DEAR 952.217-70
(MAR 2011) / Acquisition of Real Property / All awards
I- 7. / DEAR 952.226-74
(JUN 1997) / Displaced Employee Hiring Preference / Awards > $500K
I- 8. / DEAR 952.247-70
(JUN 2010) / 1) Foreign Travel / All awards
I- 9. / DEAR 970.5204-1
(DEC 2010) / Counterintelligence / All awards
I-10. / DEAR 970.5204-2
(DEC 2000) / Laws, Regulations, & DOE Directives / All awards
I-11. / DEAR 970.5208-1
(DEC 2000) / Printing / Copying > 5,000 copies of one page or 25,000 total copies
I-12. / DEAR 970.5222-1
(DEC 2000) / Collective Bargaining Agreements – Management & Operating Contracts / When negotiating collective bargaining agreements applicable to the work force
I-13. / DEAR 970.5223-1
(DEC 2000) / Integration of Environmental, Safety, & Health Into Work Planning & Execution / Contracts performed on SPR Site & as specified in DEAR 970.2303-2
I-14. / DEAR 970.5223-7
(OCT 2010) / Sustainable Acquisition Program / > $150K
I-15. / DEAR 970.5227-1
(DEC 2000) / Rights in Data-Facilities / All awards
I-16. / DEAR 970.5227-4
(AUG 2002) / Authorization & Consent / > $100,000
I-17. / DEAR 970.5227-5
(AUG 2002) / Notice & Assistance Regarding Patent & Copyright Infringement / All awards
I-18. / DEAR 970.5227-6
(DEC 2000) / Patent Indemnity Subcontracts / All awards
I-19. / DEAR 970.5227-8
(AUG 2002) / Refund of Royalties / When royalties > $250
I-20. / DEAR 970.5227-11
(DEC 2000) / Patent Rights – Management & Operating Contracts, for Profit Contractor, Non-technology Transfer / If contract covers or is likely to cover subject matter classified for reasons of security
I-21. / DEAR 970.5232-3
(DEC 2010) / Accounts, Records, & Inspection / All awards
I-22. / FAR 25.202 / Exceptions to Buy American Act - Construction / All awards
I-23. / FAR 52.202-1
(JAN 2012)
as amended
DEAR 952.202-1
(FEB 2011) / 1) Definitions / All awards
I-24. / RESERVED
I-25. / FAR 52.203-5
(MAY 2014) / Covenant Against Contingent Fees / Awards > $150K
I-26. / FAR 52-203-6
(SEPT 2006) / Restrictions on Subcontractor Sales to the Government / Awards > $150K
I-27. / FAR 52.203-7
(MAY 2014) / Anti-Kickback Procedures / Awards > $150K
I-28. / FAR 52.203-8
(MAY 2014) / Cancellation, Rescission, & Recovery of Funds for Illegal or Improper Activity / Awards > $150K
I-29. / FAR 52.203-10
(MAY 2014) / Price or Fee Adjustment for Illegal or Improper Activity / Firm Fixed Price awards
> $150K
I-30. / FAR 52.203-12
(OCT 2010) / *Limitation on Payments to Influence Certain Federal Transactions / Awards > $150K
I-31. / FAR 52.203-13
(APR 2010) / Contractor Code of Business Ethics & Conduct / When award >$5MIL & period of performance 120 days
I-32. / FAR 52.203-14
(DEC 2007) / 2)Display of Hotline Poster(s) / Awards > $5MIL
I-33. / FAR 52.203-17
(APR 2014) / Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights / All awards >$150K
I-34. / FAR 52.204-9
(JAN 2011) / Personal Identity Verification of Contractor Personnel / All On-Site Construction
I-35. / FAR 52.209-6
(AUG 2013) / Protecting the Gov’t’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment / Awards > $30K
I-36. / FFPO-211-13
(APR 2014) / 1) Time Extensions for Unusually Severe Weather / All firm-fixed price awards
I-37. / FFPO
(APR 2014) / 1) Time Extensions for Unusually Hot Weather / All firm-fixed price awards
I-38. / FAR 52.215-2
(OCT 2010) / Audit and Records-Negotiation / Awards > $150K
I-39. / FAR 52.217-5
(JUL 1990) / Evaluation of Options / All firm fixed price awards when the solicitation contains an option clause and an option is not to be exercised at the time of contract award unless otherwise stated in Section B of contract
I-40. / FAR 52.217-9
(MAR 2000) / 2) Option to Extend the Term of the Contract / All awards as specified in FAR 17.208(g)
I-41. / FAR 52.219-3
(NOV2011) / Notice of Total HUBZone Set-Asideor Sole Source Award / If solicitation set-aside for HUBZone SB concerns(See Section L)
I-42. / FAR 52.219-6
(NOV 2011) / Notice of Total Small Business Set Aside / If solicitation set-aside for SB concerns (See Section L)
I-43. / FAR 52.219-8
(OCT 2014) / Utilization of Small Business Concerns / Awards > $150K
I-44. / FAR 52.219-9
(OCT 2014) ALT II / Small Business Subcontracting Plan / Awards > $1.5 MIL if lower tier subcontracting opportunities offered - N/A to Small Businesses (If Seal Bids use ALT I)
I-45. / FAR 52.219-16
(JAN 1999) / Liquidated Damages- Subcontracting Plan / subcontracts with subcontracting plan
I-46. / FAR 52.222-1
(FEB 1997) / *Notice to the Government of Labor Disputes / All awards
I-47. / FAR 52.222-4
(MAY 2014) / *Contract Work Hour and Safety Standards - Overtime Compensation General / All awards> $150,000 (See exceptions prescribed in FAR 22.305 )
I-48. / FAR 52.222-5
(MAY 2014) / Construction Wage Rate Requirements - Secondary Site of the Work / All awards
I-49. / FAR 52.222-6
(MAY 2014) / *Construction Wage Rate Requirements / All awards; Davis Bacon Posted Go To:
requirements)
I-50. / FAR 52.222-7
(MAY 2014) / *Withholding of Funds / All awards
I-51. / FAR 52.222-8
(MAY 2014) / *Payrolls and Basic Records / All awards
I-52. / FAR 52.222-9
(JUL 2005) / *Apprentices and Trainees / All awards
I-53. / FAR 52.222-10
(FEB 1988) / *Compliance With The Copeland Act Requirements / All awards
I-54. / FAR 52.222-11
(MAY 2014) / *Subcontracts (Labor Standards) / All awards
I-55. / FAR 52.222-12
(MAY 2014) / *Contracts Termination – Debarment / All awards
I-56. / FAR 52.222-13
(MAY 2014) / Compliance with Construction Wage Rate Requirements and Related Regulations / All awards
I-57. / FAR 52.222-14
(FEB 1988) / *Disputes Concerning Labor Standards / All awards
I-58. / FAR 52.222-15
(MAY 2014) / Certification of Eligibility / All awards
I-59. / FAR 52.222-21
(FEB 1999) / Prohibition of Segregated Facilities / All awards
I-60. / FAR 52.222-23
(FEB 1999) / 1)*Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction / Awards > $10K
I-61. / FAR 52.222-26
(MAR 2007) / Equal Opportunity / Awards when aggregate value of contracts are > $10,000 during a 12 month period.
I-62. / FAR 52.222-27
(FEB 1999) / *Affirmative Action Compliance Requirements for Construction / Awards > $10K
I-63. / FAR 52.222-35
(JULY 2014) / 1)Equal Opportunity for Veterans / All awards > $100K
I-64. / FAR 52.222-36
(JULY 2014) / 1)Affirmative Action for Workers With Disabilities / All awards > $15K
I-65. / FAR 52.222-37
(JULY 2014) / Employment Reports on Veterans / When FAR 52.222-35 is applicable
I-66. / FAR 52.222-40
(DEC 2010) / Notification of Employee Rights Under the National Labor Relations Act / Awards > $150K
I-67. / FAR 52.222-50
(MAR 2015) / Combating Trafficking in Persons / All awards
I-68. / FAR 52.222-54
(AUG 2013) / Employment Eligibility Verification / All awards > $3K;
NOT APPLICIABLE IF: (1) period of performance < 120 days; (2) COTS item; (3) if services are part of a purchased of a COTS item; (4) if services are performed by a COTS provider; (5) if services are normally provide for that COTS item and; (6) badging issued pursuant to Homeland Security Presidential Directive (HSPD) -12)
I-69. / FAR 52.222-55
(DEC 2014) / Minimum Wages Under Executive Order 13658 / When FAR 52.222-6 is applicable
I-70. / FAR 52.223-2
(SEPT 2013) / 1)Affirmative Procurement of Biobased Products Under Service and Construction Contracts / All awards; unless the subcontract will not involve the use of USDA-designated items at
I-71 / FAR 52.223-5
(MAY 2011) / Pollution Prevention & Right-To-Know Information / All awards
I-72 / FAR 52.223-9
(MAY 2008) / Estimate of Percentage of Recovered Material Content for EPA Designated Products / All awards > $150K that are for, or specify the use of, EPA-designated products containing recovered materials. If technical personnel advise that estimates can be verified, use the clause with its Alternate I. When award > $100Kand FAR 52.223-4 applies. Submit estimated percentage to Subcontract Manager (See Reps & Certs)
I-73 / FAR 52.223-10
(MAY 2011) / Waste Reduction Program / All awards
I-74 / FAR 52.223-11
(MAY 2001) / Ozone Depleting Substance / Allawards for ozone-depleting substances or for supplies that may contain or be manufactured with ozone-depleting substances
I-75 / FAR 52.223-12
(MAY 1995) / Refrigeration Equipment and Air Conditioners / When subcontract includes the maintenance, repair, or disposal of any equipment or appliance using ozone-depleting substances as a refrigerant, such as air conditioners, including motor vehicles, refrigerators, chillers, or freezers
I-76 / FAR 52.223-15
(DEC 2007) / Energy Efficiency in Energy Consuming Products / All awards when acquiring energy consuming products or specifying the use of listed energy consuming products
I-77. / FAR 52.223-17
(MAY 2008) / Affirmative Procurement of EPA-
Designated Items in Service &
Construction Contracts / All awards when EPS-designated itemsare identified in the contract
I-78. / FAR 52.223-18
(AUG 2011) / Encouraging Contractor Policies to Ban Text Messaging While Driving / All awards > $3,000
I-79. / FAR 52.225-10
(MAY 2014) / Notice of Buy American Requirement - Construction Materials / All awards, except when FAR 52.225-9 is applicable
I-80. / FAR 52.225-11
(MAY 2014) / Buy American - Construction Materials under Trade Agreements / All awards when contract value
≥ $7.864MIL; Use ALT I when contract ≥ $7.864MIL and
< $10,335,931 (Not Applicable to T/M Labor Hour Contract) [SEE SECTION K]
I-81. / FAR 52.225-12
(MAY 2014) / Notice of Buy American- Construction Materials under Trade Agreements / All awards when FAR 52.225-11 is applicable; Use ALT II when contract ≥ $7.804MIL but
< $9,110,318 (Not Applicable to T/M Labor Hour Contract)
I-82. / FAR 52.225-13
(JUN 2008) / Restrictions on Certain Foreign Purchases / All awards
I-83. / FAR 52.227-14
(MAY 2014) ALT V / Rights in Data General / All awards
I-84. / FAR 52.228-2
(OCT 1997) / Additional Bond Security / Awards when bonds are required
I-85. / FAR 52.228-11
(JAN 2012) / Pledge of Assets / Awards > $30,000; (Individual Sureties only)
I-86. / FAR 52.229-3
(FEB 2013) / Federal, State, and Local Taxes / All Firm Fixed-Price Contracts > $150K
I-87. / FFPO 232-5
(APR 2014) / 1)*Payments under Fixed Price Construction Contracts / All Firm Fixed Price Contracts
I-88. / FAR 52.232-17
(MAY 2014) / Interest / All awards > $150K
I-89. / FAR 52.232-40
(DEC 2013) / Providing Accelerated Payments to Small Business Subcontractors / All awards to Small Business Concerns
I-90. / FAR 52.236-2
(APR 1984) / Differing Site Conditions / All Firm Fixed Price Contracts
I-91. / FAR 52.236-3
(APR 1984) / Site Investigation and Conditions Affecting the Work / All Firm Fixed Price Contracts
I-92. / FAR 52.236-10
(APR 1984) / Operations and Storage Areas / All Firm Fixed Price Contracts
I-93. / FAR 52.236-13
(NOV 1991) / *Accident Prevention / All Firm Fixed Price Contracts
I-94. / FAR 52.236-14
(APR 1984) / *Availability and Use of Utility Services / All Firm Fixed Price Contracts
I-95. / FAR 52.236-17
(APR 1984) / Layout of Work / All Firm Fixed Price Contracts (As needed for accurate work layout and for sitting verification during work performance)
I-96. / FAR 52.242-13
(JUL 1995) / Bankruptcy / Awards > $150K
I-97. / FAR 52.244-6
(MAR 2015) / Subcontracts for Commercial Items / All awards to lower-tier contractors
I-98. / FAR 52.245-1
(APR 2012) / *Government Property / All awards when any Government Property provided
I-99. / FAR 52.245-9
(APR 2012) / *Use and Charges / When FAR 52.245-1 applies
I-100. / FAR 52.246-21
(MAR 1004) / Warranty of Construction / All awards
I-101. / FAR 52.252-4
(APR 1984) / Alteration in Contract / All awards
I-102. / FFPO 10-2308
(APR 2014) / 1) Restriction on the Use of Portable/Removable Media / All awards
NOTE:
1)Clause appears in full text in attachment hereto.
2)If the clause is applicable, it is provided in full text.
I-1
Revision 6 (3/15)
I- 2.DEAR 952.204-2 SECURITY (MAR 2011) (DEVIATION DATED OCT 2013)
Paragraph (h), subpart (2) is modified by DEAR deviation dated OCT 2013:
(vi)The Contractor must maintain a record of information concerning each uncleared applicant/employee who is selected for a position requiring an access authorization, and to furnish background review information only upon request of the cognizant local DOE Security Office.
I- 8.DEAR 952.247-70 FOREIGN TRAVEL (JUN 2010)
Contractor foreign travel shall be conducted pursuant to the requirements contained in Department of Energy (DOE) Order 551.1C, or its successor, Official Foreign Travel, or any subsequent version of the order in effect at the time of award.
I-23.FAR 52.202-1 DEFINITIONS (JAN 2012) , as amended by DEAR 952.202-1 (FEB 2011)
When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless—
(a) The solicitation, or amended solicitation, provides a different definition;
(b) The contracting parties agree to a different definition;
(c) When a solicitation provision or contract clause uses a word or term that is defined in the Department of Energy Acquisition Regulation (DEAR) (48 CFR chapter 9), the word or term has the same meaning as the definition in 48 CFR 902.101 or the definition in the part, subpart, or section of 48 CFR chapter 9 where the provision or clause is prescribed in effect at the time the solicitation was issued, unless an exception in (a) applies; or
(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.
I-36.FFPO-211-13 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (RAIN) (APR 2014)
A.This provisions specifies the procedures for determination of time extensions for unusually severe weather (rain) in accordance with the Contract Clause entitled "Default (Fixed Price Construction.)" In order for the Subcontract Manager to award a time extension under this clause, the following conditions must be satisfied:
(1)The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.
(2)The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.
B.The following schedule of monthly anticipated adverse weather delays for rain is based on National Oceanic and Atmosphere Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities. The progress schedule shall multiply the number of scheduled workdays in a given month by the decimal set forth below for that month to arrive at the anticipated adverse weather delays.
REASONABLY ANTICIPATED DAYS OF ADVERSE WEATHER - WEST HACKBERRY
JAN / FEB / MAR / APR / MAY / JUN / JUL / AUG / SEP / OCT / NOV / DEC0.258 / 0.214 / 0.129 / 0.200 / 0.226 / 0.200 / 0.161 / 0.194 / 0.133 / 0.161 / 0.167 / 0.226
C.Upon acknowledgment of the Notice to Proceed and continuing throughout the contract, the Contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day.
D.The number of actual adverse weather delay days for rain shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in Paragraph B, above, the Subcontract Manager will extend the contractual period of performance by the number of days in which the actual days of adverse weather exceeded the weather delay days scheduled in accordance with paragraph B., above, and issue a modification in accordance with the contract clause entitled "Default - Fixed Price Construction."
I-37.FFPO-TIME EXTENSIONS FOR UNUSUALLY HOT WEATHER (APR 2014)
A.This provision specifies the procedures for determination of time extensions for unusually hot weather in accordance with the Subcontract Clause entitled "Default or Termination for Cause.” In order for the Subcontract Manager to award a time extension under this clause, the following conditions must be satisfied:
(1)The heat stress experienced at the project site during the subcontract period must be found to be unusually severe, that is, more severe than the heat stress anticipated during any given month.
(2)The unusually hot weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.
B.The following schedule of monthly anticipated adverse heat stress weather days is based on the National Oceanic and Atmosphere Administration’s (NOAA) data for Louisiana and Texas and will constitute the base line for monthly heat stress weather time evaluations. The Subcontractor's progress schedule must reflect these anticipated adverse heat stress weather delays days in all heat stress weather dependent activities. The progress schedule shall use the anticipated number of days of adverse heat stress weather as indicated during the months given below.
West Hackberry
REASONABLY ANTICIPATED NUMBER OF DAYS OF ADVERSE HEAT STRESS WEATHER WITH “RealFeel® temperatures”
AT OR ABOVE 81 DEGREES
JAN / FEB / MAR / APR / MAY / JUN / JUL / AUG / SEP / OCT / NOV / DEC1 / 1 / 5 / 15 / 27 / 30 / 31 / 31 / 30 / 20 / 7 / 1
REASONABLY ANTICIPATED NUMBER OF DAYS OF ADVERSE HEAT STRESS WEATHER WITH “RealFeel® temperatures”
AT OR ABOVE 106 DEGREES
JAN / FEB / MAR / APR / MAY / JUN / JUL / AUG / SEP / OCT / NOV / DEC0 / 0 / 0 / 0 / 1 / 2 / 3 / 5 / 0 / 0 / 0 / 0
C.Upon issuance of the Notice to Proceed (if required by the subcontract) or commence of work after award and continuing throughout the subcontract, the Subcontractor will record on its daily report, the occurrence of adverse heat stress weather and resultant impact to normally scheduled work. Actual adverse heat stress weather delay days must prevent work on critical activities for 50 percent or more of the subcontractor's scheduled work day.
D.The number of actual adverse heat stress weather delay days shall include days impacted by actual adverse heat stress weather be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse heat stress weather delay days exceeds the number of days anticipated in Paragraph B, above, the Subcontract Manager will extend the contractual period of performance by the number of days in which the actual days of adverse heat stress weather exceeded the heat stress weather delay days scheduled in accordance with paragraph B., above, and issue a modification in accordance with the subcontract clause entitled "Default or Termination for Cause.”
I-60.FAR 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation. (b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: (SEE BELOW) [Contracting Officer shall insert goals.] These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office. (c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed. d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --(1) Name, address, and telephone number of the subcontractor; (i) Employer identification number of the subcontractor; (2) Estimated dollar amount of the subcontract; (3) Estimated starting and completion dates of the subcontract; and (4) Geographical area in which the subcontract is to be performed. (e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is (SEE BELOW):