All suppliers working with Berkshire Hathaway Energy and its businesses must comply with all policies and sanctions programs identified by the U.S. Department of the Treasury's Office of Foreign Assets Control.

All suppliers working with Berkshire Hathaway Energy businesses also must submit to the Conflict Mineral requirements under Article I of the Dodd-Frank Act.

The contractor warrants that neither the contractor nor any parent, affiliate or subsidiary to the contractor; or any officer, director, employee, agent, lobbyist, or representative of the contractor:

• Is on or owns 50% or more of any entity on any sanction list maintained and published by the Office of Foreign Assets Control, including but not limited to the Specially Designated Nationals List and the Blocked Persons List and Consolidated Sanctions List maintained and published by the Office of Foreign Assets Control – collectively known as the OFAC sanctions lists
• Does business in violation of any Office of Foreign Assets Control Sanctions Program
• Does business in violation of any executive order or similar law or regulation regarding sanctioned individuals or entities. The contractor further warrants, acknowledges and agrees that:
  • Neither the contractor nor any parent, affiliate or subsidiary to contractor or any officer, director, employee, agent, lobbyist or representative of the contractor is operating or acting under any alias or pseudonym to avoid detection as a person or entity on any of the Office of Foreign Assets Control sanctions lists
  • A contractor is prohibited from and shall not – either directly or indirectly – involve or engage in any manner any person or entity that is on any of the Office of Foreign Assets Control sanctions lists in the performance of this contract, whether as an officer, director, employee, agent, lobbyist, representative, contractor, subcontractor, supplier, consultant, supplier, materialman, or any other role or relationship of any kind
  • A contractor's obligations are ongoing and the contractor shall remain up-to-date with recent actions and updates by the Office of Foreign Assets Control and shall immediately notify Berkshire Hathaway Energy at any time it learns that a representation made is no longer accurate or that the contractor otherwise has been or is in violation of Section 56.1
  • The warranties, representations and obligations of Section 56.1.4 are material to Berkshire Hathaway Energy's decision to enter into a contract, and any failure or violation of same is grounds for termination for cause by Berkshire Hathaway Energy as a material breach of a provision of the Contract Documents under section 48.1

Supplier shall provide to company information on the content of materials, manufactured or contracted to be manufactured by supplier for company, that utilize or contain the "conflict minerals" wolframite, cassiterite, columbite-tantalite (coltan), gold and their derivative metals: tantalum, tin and tungsten. The information will be provided in a form that will allow company to verify compliance with Section 1502 of the Dodd-Frank Act (the U.S. Conflict Minerals Law) and will include evidence of the origin or sources of the conflict minerals. The information will be submitted at or prior to the time of delivery of products in a form approved and/or designated by company from time to time. Supplier shall obtain company's prior written consent before providing any products to company that include conflict minerals originated from the Democratic Republic of Congo or the nine adjoining conflict countries; Angola, Burundi, Central African Republic, the Republic of the Congo, Rwanda, South Sudan, Tanzania, Uganda, and Zambia. Supplier shall maintain effective accounting procedures, internal controls and audit procedures necessary to record the country and place of origin of all minerals included in products provided to company, and to verify compliance with this article. Company shall be permitted to audit such records as reasonably necessary to confirm supplier's compliance with this article. Supplier shall indemnify and hold Company harmless for all fines, penalties, expenses or other losses sustained by company as a result of supplier's breach of this article.