8- Exhibit D- Special Conditions.pdf

Exhibit D Solicitation No. 444783-CC-25 Subcontract No 8/29/2024 Page 1 of 11

MISSION SUPPORT AND TEST SERVICES, LLC

FIRM-FIXED-UNIT SERVICE SUBCONTRACT

EXHIBIT D

SPECIAL CONDITIONS

TABLE OF CONTENTS

NO. TITLE PAGE

D-1 Expediting D-2 Indefinite Quantity/Indefinite Delivery D-3 Commencement, Prosecution and Completion of the Work D-4 Insurance D-5 Contractor-Furnished Drawings, Specifications & Statements of Work D-6 Contractor-Furnished Utilities, Facilities, Materials and Equipment D-7 Subcontractor-Furnished Drawings, Data and Samples D-8 Services Available At The Nevada National Security Site, Mercury, Nevada D-9 Invoicing and Payment D-10 Contractor Work Hours and Holidays D-11 Performance of Work by the Subcontractor D-12 Wage Rate Information D-13 Service Contract Labor Standards Reporting Requirements D-14 Use of Roadways D-15 Non-Interference D-16 Approval of SUBCONTRACTOR Key Personnel D-17 Expenditure Notification D-18 Attachments

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D-1 EXPEDITING

Timely performance and delivery in accordance with the schedule herein are essential to this Subcontract.

The Products, including all warranty work, shall be subject to expediting by CONTRACTOR and Government.

CONTRACTOR's and Government's representatives shall be afforded free access during working hours to SUBCONTRACTOR’s plants. SUBCONTRACTOR shall notify CONTRACTOR in writing of any actual or anticipated delays immediately upon discovery. Such notice shall include an estimated period of delay, cause, and corrective actions being taken. Slippage in SUBCONTRACTOR's schedule may be deemed to be reasonable grounds for insecurity in which event CONTRACTOR may demand in writing that SUBCONTRACTOR provide adequate assurances that SUBCONTRACTOR will perform on time.

D-2 INDEFINITE QUANTITY/INDEFINITE DELIVERY

A. This is an indefinite-quantity, indefinite-delivery Subcontract for the supplies or services specified and effective for the period stated, in Exhibit A.

B. The CONTRACTOR shall order the quantity of supplies or services specified in the purchase order release, and the SUBCONTRACTOR shall furnish them when ordered. Delivery or performance shall be at locations designated in orders issued in accordance with the Ordering clause and Exhibit A.

C. Except for any limitations on the ceiling value in the Order Limitations clause or in Exhibit A, there is no limit on the number of orders that may be issued. The CONTRACTOR may issue orders requiring delivery to multiple destinations or performance at multiple locations.

D. Any order issued during the effective period of this Subcontract and not completed within that time shall be completed by the SUBCONTRACTOR within the time specified in the order. The Subcontract shall govern the SUBCONTRACTOR’S and CONTRACTOR’S rights and obligations with respect to that order to the same extent as if the order were completed during the Subcontract's effective period; provided, that the SUBCONTRACTOR shall not be required to make any deliveries under this Subcontract after .

D-3 COMMENCEMENT, PROSECUTION AND COMPLETION OF THE WORK

The SUBCONTRACTOR shall commence performance of the Work under this Subcontract on the date specified in the Subcontract or applicable Task Order, and shall furnish sufficient forces, facilities, and shall work such hours necessary so as to accomplish the Work within the completion and/or delivery dates specified in the Subcontract.

The SUBCONTRACTOR shall provide the materials and services and shall maintain a continuous operation, as needed, in compliance with this Subcontract from Award Date through an estimated 120 Calendar days.

D-4 INSURANCE

(a) Unless otherwise specified in this Subcontract, SUBCONTRACTOR shall, at its sole expense, maintain in effect at all times during the performance of the Work insurance coverage with limits not less than those set forth below with insurers and under forms of policies satisfactory to CONTRACTOR.

SUBCONTRACTOR shall deliver to CONTRACTOR no later than 10 calendar days after Notice of Award, but in any event prior to commencing the Work or entering the jobsite, Certificates of Insurance as evidence that policies providing such coverage and limits of insurance are in full force and effect.

Certificates shall be issued in the form acceptable to CONTRACTOR. SUBCONTRACTOR agrees to provide not less than 30 calendar days advance written notice will be given to CONTRACTOR prior to cancellation, termination or material alteration of said policies of insurance. The Certificates shall identify on their face the project name and the applicable subcontract number. Unless expressly provided otherwise below, the United States Government, U.S. Department of Energy (DOE), the CONTRACTOR, Honeywell International, Jacobs Engineering, HII Nuclear, Inc., and their affiliates, agents, officers, directors, representatives, employees, heirs, successors, and assignees, etc. shall be named as Additional Insureds under all insurance policies required under this clause, but only with respect to liability arising out of the performance of the Work of the Subcontractor under this Subcontract. Such insurance shall be primary as regards any other coverage maintained for or by the Additional Insured and shall contain a cross-liability or severability of interest clause. All insurance shall

8/29/2024 Page 3 of 11 provide for an insurer's waiver of subrogation rights in favor of CONTRACTOR and the Government.

(b) Standard Coverage:

1. All Workers' Compensation insurance (or similar insurance) required by any applicable Federal, State, or local law or regulation.

Note: All SUBCONTRACTORS who are working on construction projects in Nevada are required to provide workers compensation insurance coverage to their employees either through obtaining a new policy for Nevada required coverage under Nevada Revised Statute (NRS), obtaining an endorsement to SUBCONTRACTOR’s current workers compensation policy issued in another state, or being self-insured pursuant to NRS 616B.612. Any out-of-state SUBCONTRACTOR meeting the definition of NRS 624.020 working temporarily in Nevada must obtain Nevada Workers’ Compensation Insurance prior to the start of any project.

If any of SUBCONTRACTOR’S employees are covered by the U.S. Longshoremen's and Harbor Workers' Compensation Act (46 U.S.C. §§ 901-950), the Jones Act (46 U.S.C. § 30104) or under other laws, regulations or statutes applicable to maritime employees, or under the Defense Base Act (covering employees performing work outside the United States under for national defense purposes (most, if not all, subcontracts issued by CONTRACTOR are for national defense purposes)), SUBCONTRACTOR shall obtain the appropriate coverage as required by law and submit to the CONTRACTOR Certificates of Insurance as evidence that policies providing such coverage and limits of insurance are in full force and effect within the time limits stated in paragraph

(a) above.

2. Employer's Liability of not less than $1,000,000 each accident.

3. General Liability Insurance

i. Coverage

SUBCONTRACTOR shall carry Commercial General Liability Insurance covering all operations by or on behalf of SUBCONTRACTOR providing insurance for bodily injury liability and property damage liability for the limits of liability indicated below. The required limits may be satisfied by a combination of a primary policy and excess or umbrella policy:

$5,000,000 Combined single limit for Bodily Injury and Property Damage each occurrence;

$5,000,000 Personal Injury Limit each occurrence;

$5,000,000 Products-Completed Operations Annual Aggregate Limit; and

$5,000,000 General Annual Aggregate Limit (other than Products-Completed Operations).

The Commercial General Liability insurance shall be written on the Occurrence Coverage Form and shall include, but not be limited to, coverage for:

1. Premises and Operations

2. Products and Completed Operations

3. Contractual Liability

4. Broad from Property Damage

5. Explosion, Collapse, and Underground Hazards

6. Personal Injury Liability

4. Automobile Liability Insurance including coverage for the operation of any vehicle to include, but not limited to, owned, hired and non-owned vehicles.

The combined single limit for Bodily Injury and Property Damage Liability shall be not less than $2,000,000 for any one accident or loss. The required limits may be satisfied by a combination of a primary policy and an excess or umbrella policy.

SUBCONTRACTOR'S Automobile Liability Insurance shall include coverage for Automobile Contractual Liability. Higher limits shall apply if required by law, such as that required for the shipment of hazardous material (see for example, without limitation, 49 U.S.C. 31139(d)).

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(d) Related Obligations:

1. The requirements contained herein as to insurance types and limits, as well as CONTRACTOR'S approval of insurance coverage to be maintained by SUBCONTRACTOR, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by SUBCONTRACTOR under this subcontract.

2. SUBCONTRACTOR shall require its subcontractors, if any, to maintain all the same insurance coverages as required by paragraph (b) and (c) of this clause to the extent applicable to the portion of the work which they shall perform, in accordance with the same terms and conditions as specified in this clause. SUBCONTRACTOR must furnish evidence of such insurance to CONTRACTOR prior to commencement of the work.

(e) CONTRACTOR or GOVERNMENT Furnished Insurance:

Neither CONTRACTOR nor Government is maintaining any insurance on behalf of SUBCONTRACTOR of any nature, including any insurance covering against loss or damage to the Work or to any other property of SUBCONTRACTOR unless otherwise specifically stated herein and as may be described by appendix hereto.

(f) Notifications:

In accordance with the submittal requirements outlined above, SUBCONTRACTOR shall deliver the original copy of the Certificate(s) of Insurance required by this clause and all subsequent notices of cancellation, termination and alteration of such policies to:

Mission Support and Test Services, LLC P.O. Box 98521, M/S NLV018 Las Vegas, NV 89193-8521

Attention: Calvin Callahan Reference: Subcontract No. TBD

D-5 CONTRACTOR-FURNISHED DRAWINGS, SPECIFICATIONS & STATEMENTS OF

WORK

CONTRACTOR will furnish statements of work, specifications, and prints of engineering design drawings for each part of the Work under this Subcontract. Such drawings will give information required for the preparation of shop detail drawings by SUBCONTRACTOR, if required. SUBCONTRACTOR shall, upon receipt, check all statements of work, specifications and drawings furnished and shall promptly notify CONTRACTOR of any omissions or discrepancies in such statements of work, specifications or drawings.

D-6 CONTRACTOR-FURNISHED UTILITIES, FACILITIES, MATERIALS AND EQUIPMENT

CONTRACTOR shall furnish the utilities, facilities, materials, equipment, and training listed below without cost to the SUBCONTRACTOR. Utilities will be furnished at outlets and/or connections existing on the Nevada National Security Site (NNSS) and SUBCONTRACTOR shall, at its expense, extend such utilities from said outlets to points of use and at completion of the entire Work remove all materials and equipment used for such extensions. Use of facilities shall be subject to prior written approval of CONTRACTOR. CONTRACTOR will furnish to SUBCONTRACTOR, at designated locations, the materials and equipment listed below to be incorporated into or used in performance of the Work. SUBCONTRACTOR shall, at its expense, accept delivery thereof, load, unload, transport to points of use and care for the materials and equipment until final disposition thereof. In the event the CONTRACTOR furnishes SUBCONTRACTOR personal property deemed Sensitive Property, SUBCONTRACTOR shall sign a Sensitive Property Receipt indicating the name and signed by the individual who will be responsible for the property item until it is returned to the CONTRACTOR.

“Sensitive property” means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability.

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Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals. All equipment and other property furnished by the CONTRACTOR and/or Government to the SUBCONTRACTOR shall be documented and managed by the SUBCONTRACTOR in accordance with FAR Clause 52.245-1, Government Property.

CONTRACTOR will exert every reasonable effort to make delivery of below listed items to avoid delay in the progress of the Work.

Utilities, facilities, materials, equipment to be furnished by CONTRACTOR:

ITEM LOCATION

Restroom Facilities RVDC Drill Site

D-7 SUBCONTRACTOR-FURNISHED DRAWINGS, DATA AND SAMPLES

CONTRACTOR review and permission to proceed does not constitute acceptance or approval of submittals including, but not limited to, design details, calculations, analyses, test methods, construction methods, rigging plans, certificates, or materials developed or selected by SUBCONTRACTOR and does not relieve SUBCONTRACTOR from full compliance with the subcontract requirements. The Subcontract shall utilize FRM-0226, Titled “Transmittal Sheet – Subcontract” to transmit Submittals and/or Request for clarifications to obtain authorization status by the Contractor.

Drawings:

If the SUBCONTRACTOR is required elsewhere in this Subcontract to submit to the CONTRACTOR for approval drawings, specifications, data, other design documents, or other similar submittals (collectively “Submittals”) for any reason:

Such Submittals shall be submitted by and at the expense of SUBCONTRACTOR as specified elsewhere in this Subcontract. If not otherwise specified, Submittals must be submitted at least 30 days prior to the relevant fabrication, installation or performance is commenced, in order to allow sufficient time for review by CONTRACTOR unless the Subcontract Administrator expressly authorizes the Subcontractor to deviate from this requirement. Drawings shall include, but not be limited to, match marks, erection diagrams and other details, such as field connections for proper installation, erection of equipment or materials, and performance of the Work.

Drawings of a specific piece of equipment shall identify components with the manufacturer's part number or reference drawing number clearly indicated. If reference drawing numbers are used, the review data of such drawings shall be included.

Drawings shall indicate design dimensions, maximum and minimum allowable operating tolerances on all major wear fits, (e.g., rotating, reciprocating, or intermittent sliding fits between shafts or systems and seals, guides, and pivot pins). The sequence of submission of all drawings shall be such that all information is available for reviewing each drawing when it is received.

All drawings submitted by SUBCONTRACTOR shall be certified by SUBCONTRACTOR to be correct, shall show the Subcontract number, and shall be furnished in accordance with the Subcontract Drawings and Data Requirements Form(s). CONTRACTOR will conduct a review of SUBCONTRACTOR'S drawings and a reproducible drawing marked with one of the following codes will be returned to SUBCONTRACTOR.

Code Notation

1. Work may proceed

2. Revise and resubmit – work may proceed subject to resolution

3. Revise and resubmit – work may not proceed

4. Review not required – work may proceed

Although work may proceed on receipt of a drawing with a Code 2 notation, SUBCONTRACTOR must resolve the comments indicated, resubmit, and obtain a Code 1 notation before release for shipment or completion of the affected work.

Samples:

Where samples are required, they shall be submitted by and at the expense of SUBCONTRACTOR. Such

8/29/2024 Page 6 of 11 submittals shall be made not less than 30 calendar days prior to the time that the materials represented by such samples are needed for incorporation into the Work. Samples shall be subject to review and materials represented by such samples shall not be manufactured, delivered to the job site, or incorporated into the Work without such review.

Each sample shall bare a label showing SUBCONTRACTOR'S name, Project name, subcontract number, name of the item, manufacturer's name, brand name, model number, supplier's name, and reference to the appropriate drawing number, technical specification section and paragraph number, all as applicable.

Samples, which have been reviewed, may, at CONTRACTOR'S option, be returned to SUBCONTRACTOR for incorporation into the Work.

Certificates and Data:

Where certificates are required, two copies of each such certificate shall be submitted by and at the expense of SUBCONTRACTOR. Such submittal shall be made not less than 30 calendar days prior to the time that the materials represented by such certificates are needed for Incorporation into the Work. Certificates shall be subject to review and material represented by such certificates shall not be fabricated, delivered to the Job site, or incorporated into the Work without such review.

Certificates shall clearly identify the material being certified and shall include but not be limited to providing the following information: SUBCONTRACTOR'S name, Project name, Subcontract number, name of the item, manufacturer's name, and reference to the appropriate drawing, technical specification section, and paragraph number, all as applicable.

All other data shall be submitted as required by the Subcontract Documents.

AS-BUILT DRAWINGS AND SPECIFICATIONS

Drawings:

a. Progress As-Built: During progress of the Work, SUBCONTRACTOR shall keep a marked-up-to-date set of as-built blue line drawings on the Job site as an accurate record of all deviations between work as shown and work as installed. These drawings shall be available to CONTRACTOR and OWNER for inspection at any time during regular business hours.

b. Final As-Built: SUBCONTRACTOR shall, at its expense and not later than 30 calendar days after Final Acceptance and before Final Payment, furnish to CONTRACTOR a complete set of marked-up as-built reproducible drawings with “AS-BUILT” clearly printed on each sheet. CONTRACTOR, without charge, will furnish SUBCONTRACTOR with reproducibles for mark-up by SUBCONTRACTOR. SUBCONTRACTOR shall accurately and neatly transfer all deviations from progress as-builts. As-built drawings shall be provided where specified and as required to reflect as-built conditions.

Specifications:

a. Progress As-Builts. During progress of the Work, SUBCONTRACTOR shall keep a marked-up-to-date set of as-built specifications on the Job site annotated to clearly indicate substitutions that are incorporated into the Work. Where selection of more than one product is specified, annotation shall show which product was installed. These specifications shall be available to CONTRACTOR and OWNER for inspection at any time during regular business hours.

b. Final As-Builts. SUBCONTRACTOR shall at its expense and not later than 30 calendar days after Final Acceptance and before Final Payment furnish to CONTRACTOR a complete set of marked-up as-built specifications with “AS-BUILT” clearly printed on the cover. CONTRACTOR, without charge, will furnish SUBCONTRACTOR a set of specifications for mark-up by SUBCONTRACTOR. SUBCONTRACTOR shall accurately and neatly transfer all annotations from progress as-builts to final as-builts.

Endorsement:

SUBCONTRACTOR shall sign each final as-built specification and shall note thereon that the recording of deviations and annotations is complete and accurate.

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D-8 SERVICES AVAILABLE AT THE NEVADA NATIONAL SECURITY SITE, MERCURY,

NEVADA

SUBCONTRACTOR is responsible for those items listed below that are not specifically identified as the responsibility of the CONTRACTOR or other identified organization.

Housing:

Housing arrangements are the sole responsibility, and cost obligation, of the SUBCONTRACTOR. There is some housing in Mercury that CONTRACTOR will make available to SUBCONTRACTOR at rates charged by CONTRACTOR and on a space available basis. The number of current units and rental rates will be provided upon request.

Food:

Cafeteria-style food is available in Mercury at rates competitive to off-site rates. Individuals or groups can arrange for food services with NNSS Site Services. Rates are subject to fluctuation. The Mercury cafeteria has limited hours of operation, usually only four days per week. These hours are subject to change. Vending services are available in the Mercury cafeteria 24 hours per day. All costs are at the SUBCONTRACTOR’S expense and on cashless basis.

Security:

NNSS access security is currently provided by SOC LLC. No other security will be provided. The SUBCONTRACTOR is responsible for security at the project site. Please note the NNSS access security requirements under Exhibit F of the subcontract.

Personal Protective Equipment (PPE):

The SUBCONTRACTOR is responsible for providing all Personal Protective Equipment (PPE) including but not limited to; hard hats, safety-toe shoes/boots, harnesses, safety glasses with side shields, miner's lamps, first aid kits and stations, etc. (Refer to Exhibit E).

Mail services:

CONTRACTOR provides a local DOE community mail service that the SUBCONTRACTOR may use for project mail within the NNSS. All other mail services are by private provider and are at the SUBCONTRACTOR’S expense. There is a US Post office in Mercury.

Custodial services:

Custodial services for SUBCONTRACTOR facilities are the responsibility of the SUBCONTRACTOR.

Transportation:

The SUBCONTRACTOR is responsible for all transportation of SUBCONTRACTOR personnel to and from the designated reporting location. Subcontractor employees are authorized to utilize CONTRACTOR bus service on a space available basis at their own expense.

D-9 INVOICING AND PAYMENT

Electronic funds transfer is the preferred method of payment used by MSTS. To take advantage of this expedited payment process, SUBCONTRACTOR shall complete form FRM-0870. Located at:

www.nnss.gov/frm0870.

Firm-Fixed-Price:

SUBCONTRACTOR invoices for Firm-Fixed-Price Work shall provide documentation that may include deliverables or other documentation signed by the Subcontract Administrator or the Subcontract Technical Representative (STR) demonstrating that performance of the Work has been completed and accepted by the CONTRACTOR in accordance with the Subcontract requirements. Unless progress payments or milestone payments are expressly authorized elsewhere in this Subcontract, SUBCONTRACTOR shall be entitled to http://www.nnss.gov/frm0870

8/29/2024 Page 8 of 11 invoice for payment only upon the successful completion and acceptance of all of the Work required by the SUBCONTRACT, Order, or Line Item (as applicable).

As a condition of final payment, the SUBCONTRACTOR shall submit a Subcontract Release Statement FRM-2206. The Subcontract Release Statement shall include a certification that states the following:

“All Government and CONTRACTOR-furnished property has been returned, consumed, delivered or otherwise disposed of as instructed by CONTRACTOR.”

SUBCONTRACTOR shall provide a signed certification on each invoice as follows:

“Under penalty of law, I, [name of the authorized SUBCONTRACTOR representative], hereby acknowledge that amounts paid to SUBCONTRACTOR pursuant to Subcontract No.

[Subcontract No.] are reimbursed to the CONTRACTOR by the Federal Government through the U.S. Department of Energy. I hereby certify based on my personal knowledge, and a good faith belief, that this invoice is truthful and accurate, that the charges set forth herein comply with the terms and conditions of the Subcontract, and that requested payments do not exceed the amount to which the SUBCONTRACTOR is entitled pursuant to the Subcontract for the services or supplies delivered during the applicable period. I also hereby certify that the SUBCONTRACTOR’S employees and lower-tier subcontractors have been paid the full amounts to which they are entitled in accordance with applicable laws, regulations, and/or contractual agreements for services rendered, or supplies delivered, under this Subcontract during the applicable period, or that such payments shall be made in full when they become legally due. I further acknowledge and understand that false or fraudulent invoices, requests for payments, or certifications submitted to CONTRACTOR are considered false statements or false claims made directly to the United States Federal Government.”

__________________________________________________ (Name)

__________________________________________________ (Title)

__________________________________________________ (Date)

Failure to specify the full Subcontract number, corresponding Order Number (if applicable) and to submit full supporting documentation may be cause for invoice rejection or delay in payment. CONTRACTOR may withhold payment on any SUBCONTRACTOR invoice until all properly completed and signed documentation is received and, if applicable, badges/property returned by SUBCONTRACTOR.

To expedite payment, e-mail all invoices directly to the MSTS Accounts Payable Department at apinvprd@nv.doe.gov. Invoice images are accepted only in PDF and TIF format with each invoice to be submitted separately. This e-mail address is to be used for invoices only, not for Statements and Billing Slips.

If SUBCONTRACTOR cannot facilitate electronic submission, SUBCONTRACTOR shall submit all invoices, including the final invoice, detailed by Subcontract Line Item Number on the original invoice to:

Mission Support and Test Services, LLC P.O. Box 98521, M/S NSF025

Las Vegas, NV 89193-8521

Attention: Accounts Payable Reference: Subcontract No. TBD

Note: If SUBCONTRACTOR has not received payment in accordance with the above, SUBCONTRACTOR shall contact the Accounts Payable at ACCTPAY@nv.doe.gov and the Subcontract Administrator. The email must include a listing the Subcontract Number, Line Item Numbers, and any additional details such as proof of delivery, dates etc. to help expedite payment. SUBCONTRACTOR shall include a copy of the invoice(s) with the email.

mailto:apinvprd@nv.doe.gov mailto:ACCTPAY@nv.doe.gov

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D-10 CONTRACTOR WORK HOURS AND HOLIDAYS

Nevada National Security Site (NNSS) business hours are from 7:00 a.m. to 5:30 p.m., PST Monday through Thursday.

Las Vegas Operations (LVO) business hours are 7:00 a.m. to 4:30 p.m. Monday through Thursday and 7:30 a.m. to 4:00 p.m. on Friday (5/8-hour days).

Livermore Operations (LO) business hours are 7:00 a.m. to 5:45 p.m., (PST) Monday through Thursday.

Special Technologies Laboratory (STL) business hours are 7:00 a.m. to 5:30 p.m., (PST) Monday through Thursday.

Las Alamos Operations (LAO) business hours are 7:30 a.m. to 5:30 p.m., (MST) Monday through Thursday and 7:00 a.m. to 5:00 p.m. (MST) on Friday.

Remote Sensing Laboratory – Andrews (RSL-A) business hours are 8:00 a.m. to 5:00 p.m. (EST), Monday through Friday.

Remote Sensing Laboratory – Nellis (RSL-N) business hours are 6:00 a.m. to 5:00 p.m., (PST) Monday through Friday.

Deviation from the approved Site Work hours shall be requested in writing from the CONTRACTOR and such approval shall not be unreasonably withheld.

CONTRACTOR recognizes the following holidays:

New Year's Day Labor Day Martin Luther King Day *Veterans Day Presidents’ Day Thanksgiving Day Memorial Day *Day after Thanksgiving Juneteenth *Day before Christmas Day Independence Day Christmas Day **December 27, and December 28

*These holidays are not applicable on the 4/10 hour work schedule and are also subject to change.

SUBCONTRACTOR shall verify holidays with STR.

** Actual dates may change from year to year.

D-11 PERFORMANCE OF WORK BY THE SUBCONTRACTOR

The SUBCONTRACTOR shall perform with its own organization, work equivalent to at least 50 percent of the total work to be performed under the Subcontract. The SUBCONTRACTOR shall provide a report to the Subcontract Administrator on an annual basis that identifies the actual percentage of work performed by the SUBCONTRACTOR. The percentage of work performed by the SUBCONTRACTOR shall be based on the total subcontract value.

D-12 WAGE RATE INFORMATION

The Service Contract Labor Standards Statute applies to this Subcontract. Wage Determination 2015-5593 Revision No. 24 is attached.

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D-13 SERVICE CONTRACT LABOR STANDARDS REPORTING REQUIREMENTS

SUBCONTRACTOR shall report annually by October 15 services performed under this Subcontract during the preceding fiscal year (October 1-September 30).

The SUBCONTRACTOR shall report the following information:

1. Subcontract number (including subcontractor name and DUNS number); and

2. The number of first-tier subcontractor direct-labor hours expended on the services performed during the previous GOVERNMENT fiscal year.

This information will be made available to the public as required by section 743 of Division C of the Consolidated Appropriations Act, 2010.

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D-14 USE OF ROADWAYS

SUBCONTRACTOR shall comply with CONTRACTOR’S and Government’s traffic regulations when utilizing CONTRACTOR or Government roadways. It shall be the responsibility of the SUBCONTRACTOR to familiarize itself and its employees with the traffic and safety requirements applicable to the Site.

D-15 NON-INTERFERENCE

SUBCONTRACTOR is responsible to ensure the non-interference of its own personnel, lower-tier subcontractors or suppliers with ongoing operations and personnel at the NNSS.

SUBCONTRACTOR shall not, in any manner, interfere with, or permit any of its subcontractors or suppliers to interfere with ongoing operations. Any interference shall be immediately addressed, and the cause identified, and measures taken to prevent reoccurrence.

D-16 APPROVAL OF SUBCONTRACTOR KEY PERSONNEL

All SUBCONTRACTOR key personnel assigned to perform the Work under this Subcontract or visit the Site shall have prior approval of Subcontract Administrator.

Replacement Key Personal must be equally qualified to perform the Work and must be approved by the Subcontract Administrator.

The following individuals are named as Subcontractor Key Personnel and are subject to this clause.

Name Title/Position

D-17 EXPENDITURE NOTIFICATION

1. SUBCONTRACTOR shall notify the Subcontract Administrator and the STR in writing when

SUBCONTRACTOR expects that in the next 60 calendar day's billable charges, when added to all previously billed charges will exceed 70% of the Subcontract Not-to-Exceed (NTE) amount or the NTE amounts of each Line Item or Order as applicable. Upon expending 70% of the applicable NTE amount, SUBCONTRACTOR shall provide the STR weekly written summaries of billable charges, inclusive of previously billed charges.

2. The CONTRACTOR is not obligated to reimburse or pay the SUBCONTRACTOR for billable charges in excess of the applicable NTE amount for the Subcontract, Line Item, and/or Order as applicable. Unless the Subcontract Administrator issues a change order authorizing further funds, the SUBCONTRACTOR is not obligated to continue performance under this Subcontract once billable charges reach 100% of the NTE amount for the Subcontract.

D-18 ATTACHMENTS

1. Service Contract Labor Standards Statute Wage Determination number 2015-5593 Revision No.: 24

2. Form 0870, “Supplier Payment Information Changes”

3. Form 2206, “Subcontractor Release Statement”

4. Form 0226, “Transmittal Sheet”

5. IRS Form, W-9