89233125RNA000262.pdf

Department of Energy National Nuclear Security Administration

P.O. Box 5400 Albuquerque, NM 87185

July 8, 2025

TO: Prospective Offerors

FROM: Contracting Officer, NNSA Office Of Partnership and Acquisition Services

(NA-PAS)

SUBJECT: Request for Proposal No. 89233125RNA000262, the U.S. Department of Energy (DOE), National Nuclear Security Administration (NNSA) Contracting Operations Division is hereby issuing the attached Request for Proposal (RFP) for the Clearance Action Tracking System (CATS) Development & Maintenance acquisition.

Clearance Action Tracking System (CATS) Development & Maintenance is being solicited as a competitive small business set-aside 8(a) in accordance with FAR Part 19 and FAR Part 15, Contracting by Negotiation. This acquisition has been assigned North American Industry Classification System code 541511 – Custom Computer Programming Services, with a size standard of $34 million.

1. Acquisition Features

The DOE/NNSA plans to issue a single award, hybrid contract, comprised of Time and Material (T&M) and Fixed-Price (FP) Unit Cost Contract Line Items Numbers (CLINs).

The Government anticipates a five-year period of performance, March 9, 2026, to March 8, 2031, comprised of one (1) twelve-month base period and four (4) twelve-month option periods. The contract type is Time & Materials (T&M) with all work and labor mixes/hours based on pre-negotiated, fixed, and fully burdened labor rates. All work is to be performed in accordance with the Performance Work Statement (PWS) entitled “Clearance Action Tracking System (CATS) Development & Maintenance, supporting the U.S. Department of Energy (DOE), National Nuclear Security Administration (NNSA), NA-74, Office of Personnel and Facility Clearances and Classification (OPFCC),” and dated June 2, 2025, at Attachment J-1.

Offerors must ensure that their company is registered at the following on-line database:

System for Award Management (SAM): https://sam.gov/

NOTE: Due to the high demand of UEI requests and SAM registrations, entity legal business name and address validations are taking longer than expected to process. Entities should start the UEI and SAM registration process as soon as possible. If entities have technical difficulties with the UEI validation or SAM registration process, they should utilize the HELP feature on SAM.gov. SAM.gov will work entity service tickets in the order in which they are received and asks that entities not create multiple service tickets for the same request or technical issue. Additional entity validation resources can be found here: GSAFSD Tier 0 Knowledge Base - Validating your Entity

2. Communication with Industry

All questions or comments must be submitted in writing via email to both tamra.barela@nnsa.doe.gov and Samantha.sartori@nnsa.doe.gov no later than 8:00 AM Mountain Time on July 23, 2025. Please submit questions in a Microsoft® Word document to include subject line “Questions/Comments –

P.O. Box 5400 Albuquerque, NM 87185

Clearance Action Tracking System (CATS) Development & Maintenance RFP No.

89233125RNA000262”. It is the sole responsibility of the Offeror to verify receipt of the submitted questions. All questions and answers will be made available as soon as practicable via a solicitation amendment or special notice. No telephonic questions shall be addressed.

If a respondent believes their questions or comments contain confidential, proprietary, competition sensitive, or business information, those questions or comments shall be marked appropriately. However, the Government will not respond to questions that are marked as containing confidential, proprietary, competition sensitive, or business information.

Offerors are responsible for monitoring FedConnect at: https://www.fedconnect.net and the System for Award Management (SAM) Contract Opportunities at https://sam.gov/ for any amendments, special notices, questions and answers or other pertinent information as related to the RFP.

This RFP does not commit the Government to award a contract, nor does it obligate the Government for costs incurred in the preparation and submittal of proposals in anticipation of a contract or comments in response to this RFP.

Where an Offeror chooses to request, from a Federal civil service employee at NNSA, the submission of a past performance questionnaire on its behalf, please be advised that a Confidentiality Certificate has been issued in conjunction with this solicitation. The Confidentiality Certificate directs that all civil service employees at NNSA shall refrain from communicating with industry on any matters related to this competitive procurement. As a result, while the civil service employee may respond to the past performance questionnaire, they must send the response directly to the CO and CS, and they will be unable to provide status to the Offeror or communicate in any other fashion with the Offeror about that past performance request.

3. Proposal Preparation Instructions

A proposal may be eliminated from further consideration if that proposal is so grossly and obviously deficient as to be totally unacceptable on its face. For example, a proposal will be deemed unacceptable if it does not represent a reasonable initial effort to address essential requirements of the RFP or if it clearly demonstrates that the Offeror does not understand the requirements of the RFP. In addition, the Government reserves the right to reject any proposal that includes an assumption or condition that impacts or affects the Government’s requirements. Complete instructions are available at Attachment L-1 – Solicitation Instructions to Offerors and Evaluation.

Security Clearance Information: Foreign Ownership, Control, or Influence (FOCI) Information. Work performed under this requirement requires an access authorization with a “Q” level in accordance with Attachment L-4. Offerors shall submit FOCI information in accordance with the provision NNS-L- 1009 – Instructions for Submitting Foreign Ownership, Control, or Influence (FOCI) information.

Offerors are encouraged to transmit FOCI information 15 days before the deadline for proposal submission. Electronic signatures are not accepted; therefore, a signed original Standard Form (SF) 328, “Certificate Pertaining to Foreign Interests”, executed in accordance with the instructions under provision NNS-L-1009 shall be submitted with each proposal under Volume 1, Tab 2. If Offerors have an active facility clearance with DOE/NNSA or another government agency, provide your CAGE Code so that the Government can verify the active facility clearance/positive FOCI determination in lieu of

P.O. Box 5400 Albuquerque, NM 87185 the SF 328. See CONTRACT SECURITY CLASSIFICATION SPECIFICATION (CSCS) at Attachment L-4.

To be considered timely, Offeror proposals are due NO LATER THAN 2:00 PM Mountain Time on August 07, 2025.

Thank you for your participation and interest in this procurement.

Samantha Sartori Contracting Officer

Enclosures:

1. RFP 89233125RNA000262

2. Attachment J-1 Performance Work Statement

3. Attachment J-2 Reporting Requirements Checklist

4. Attachment J-3 Law Regulations & Directives

5. Attachment L-1 Solicitation Instructions to Offerors and Evaluation

6. Attachment L-2 Pricing Instructions

7. Attachment L-3 Cost Model

8. Attachment L-4 Solicitation CSCS Form

9. Attachment L-5 FOCI FCL Verification Spreadsheet

10. Attachment L-6 Past Performance Project Sheet

11. Attachment L-7 Past Performance Questionnaire

12. Attachment L-8 Past Performance Questionnaires Contract List

13. Attachment L-9 Key Personnel Matrix

14. Attachment L-10 Key Personnel Resume Elements

15. Attachment M-1 Section M Provisions

SAMANTHA

SARTORI

Digitally signed by SAMANTHA

SARTORI

Date: 2025.07.08 16:07:53 -06'00'

Section A - Solicitation/Contract Form

952.203-70 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES. (DEC 2000)

952.204-2 SECURITY REQUIREMENTS. (DEC 2024)

952.204-70 CLASSIFICATION/DECLASSIFICATION. (DEC 2024)

952.204-73 FACILITY CLEARANCE. (DEC 2024)

952.204-77 COMPUTER SECURITY. (DEC 2024)

952.204-78 DOE DIRECTIVES. (DEC 2024)

Section B - Supplies or Services/Prices

DOE-B-2008 TIME-AND-MATERIALS CONTRACT (OCT 2014)

DOE-B-2012 SUPPLIES/SERVICES BEING PROCURED/DELIVERY REQUIREMENTS (OCT 2014)..17

DOE-B-2013 OBLIGATION OF FUNDS (OCT 2014)

DOE-B-2014 OPTION TO EXTEND THE TERM OF THE CONTRACT: ESTIMATED COST, FEE AND

PERIOD OF PERFORMANCE (OCT 2014)

Section C - Description/Specifications

DOE-C-2002 PERFORMANCE WORK STATEMENT (OCT 2014)

DOE-C-2003 REPORTS (OCT 2014)

Section D - Packaging and Marking

NNS-D-1003 SECURITY REQUIREMENTS

Section E - Inspection and Acceptance

52.246-6 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR. (MAY 2001)

Section F - Deliveries or Performance

DOE-F-2002 PLACE OF PERFORMANCE - SERVICES (OCT 2014)

Section G - Contract Administration Data

DOE-G-2001 CONTRACTING OFFICER AUTHORITY (OCT 2014)

DOE-G-2002 CONTRACTING OFFICER'S REPRESENTATIVE (OCT 2014)

DOE-G-2003 CONTRACTOR'S PROGRAM MANAGER (OCT 2014)

DOE-G-2005 BILLING INSTRUCTIONS (APR 2020) - ALTERNATE I (APR 2020)

DOE-G-2007 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING (NOV 2021)

DOE-G-2008 NON-SUPERVISION OF CONTRACTOR EMPLOYEES (OCT 2014)

Section H - Special Contract Requirements

NNS-H-1003 ACCESS TO DOE-OWNED OR LEASED FACILITIES

NNS-H-1009 COMPUTER SYSTEMS SECURITY

NNS-H-1011 ENVIRONMENT, HEALTH, AND SAFETY PLAN FOR ON-SITE WORK

NNS-H-1013 IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR

INFORMATION (UCNI)

NNS-H-1018 SENSITIVE FOREIGN NATIONS CONTROLS

NNS-H-1021 INSTRUCTIONS FOR UPDATING FOREIGN OWNERSHIP, CONTROL OR INFLUENCE

(FOCI) INFORMATION

NNS-H-2003 INSTRUCTIONS FOR UPDATING FOREIGN OWNERSHIP, CONTROL OR INFLUENCE

(FOCI) INFORMATION FOR OFFICE OF SECURE TRANSPORTATION (JULY 2016)

NNS-H-2001 CONTRACTOR EMPLOYEE AND WORK PRODUCT IDENTIFICATION (MAR 2016) ..26

DOE-H-2013 CONSECUTIVE NUMBERING (OCT 2014)

DOE-H-2018 PRIVACY ACT SYSTEM OF RECORDS (OCT 2014)

DOE-H-2029 POSITION QUALIFICATIONS (OCT 2014)

DOE-H-2030 SECTION 8(A) DIRECT AWARDS (FEB 2018)

DOE-H-2033 ALTERNATIVE DISPUTE RESOLUTION (OCT 2014)

DOE-H-2034 CONTRACTOR INTERFACE WITH OTHER CONTRACTORS AND/OR GOVERNMENT

EMPLOYEES (OCT 2014)

DOE-H-2047 FEDERAL HOLIDAYS AND OTHER CLOSURES (JUL 2021)

DOE-H-2063 CONFIDENTIALITY OF INFORMATION (NOV 2023)

DOE-H-2064 USE OF INFORMATION TECHNOLOGY EQUIPMENT, SOFTWARE, AND THIRD

PARTY SERVICES (OCT 2014) - ALTERNATE I (OCT 2014)

DOE-H-2065 REPORTING OF FRAUD, WASTE, ABUSE, CORRUPTION, OR MISMANAGEMENT

(OCT 2014)

DOE-H-2070 KEY PERSONNEL (OCT 2014)

DOE-H-2071 DEPARTMENT OF ENERGY DIRECTIVES (OCT 2014)

DOE-H-2076 LOBBYING RESTRICTIONS (NOV 2018)

DOE-H-2079 AGREEMENT REGARDING WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE

SITES (APR 2018)

Section I - Contract Clauses

52.202-1 DEFINITIONS. (JUN 2020)

52.203-3 GRATUITIES. (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014)

52.203-7 ANTI-KICKBACK PROCEDURES. (JUN 2020)

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.

(JUN 2020)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. (NOV 2021)

52.203-14 DISPLAY OF HOTLINE POSTER(S). (NOV 2021)

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST. (JUN 2020)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS. (NOV 2023)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS. (JAN 2017)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL. (JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS. (JUN 2020)

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. (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS.

(DEC 2014)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS. (NOV

2021)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES. (DEC 2023)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. (NOV 2021)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION. (JUN 2023)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY

EXCLUDED. (JAN 2025)

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. (NOV 2021)

52.215-2 AUDIT AND RECORDS - NEGOTIATION. (JUN 2020)

52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA. (AUG 2011)

52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA -

MODIFICATIONS. (JUN 2020)

52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA. (JUN 2020)

52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA - MODIFICATIONS. (JUN

2020)

52.215-14 INTEGRITY OF UNIT PRICES. (NOV 2021)

52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES. (JUN 2020)

52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES. (JUN 2020) -- ALTERNATE I (OCT 2009)

52.216-7 ALLOWABLE COST AND PAYMENT. (AUG 2018)

52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE. (NOV 2020)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (JAN 2025)

52.219-14 LIMITATIONS ON SUBCONTRACTING. (OCT 2022)

52.219-17 SECTION 8(A) AWARD. (OCT 2019)

52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) PARTICIPANTS. (OCT 2022)

52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION. (JAN 2025)

52.222-3 CONVICT LABOR. (JUN 2003)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS. (JUN 2020)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES. (JUN 2020)

52.222-37 EMPLOYMENT REPORTS ON VETERANS. (JUN 2020)

52.222-50 COMBATING TRAFFICKING IN PERSONS. (NOV 2021)

52.222-53 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS

TO CONTRACTS FOR CERTAIN SERVICES-REQUIREMENTS. (MAY 2014)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION. (JAN 2025)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION. (MAY 2024)

52.223-10 WASTE REDUCTION PROGRAM. (MAY 2024)

52.224-1 PRIVACY ACT NOTIFICATION. (APR 1984)

52.224-2 PRIVACY ACT. (APR 1984)

52.224-3 PRIVACY TRAINING. (JAN 2017)

52.224-3 PRIVACY TRAINING. (JAN 2017) - ALTERNATE I (JAN 2017)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (FEB 2021)

52.226-7 DRUG-FREE WORKPLACE. (MAY 2024)

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING.

(MAY 2024)

52.227-14 RIGHTS IN DATA-GENERAL. (MAY 2014)

52.227-17 RIGHTS IN DATA--SPECIAL WORKS. (DEC 2007)

52.229-10 STATE OF NEW MEXICO GROSS RECEIPTS AND COMPENSATING TAX. (APR 2003)...56

52.232-1 PAYMENTS. (APR 1984)

52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS. (NOV

2021)

52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS. (APR 1984)

52.232-23 ASSIGNMENT OF CLAIMS. (MAY 2014)

52.232-25 PROMPT PAYMENT. (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.

(MAR 2023)

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)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION. (APR

1984)

52.239-1 PRIVACY OR SECURITY SAFEGUARDS. (AUG 1996)

52.242-3 PENALTIES FOR UNALLOWABLE COSTS. (DEC 2022)

52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS. (JAN 1997)

52.243-3 CHANGES - TIME-AND-MATERIALS OR LABOR-HOURS. (SEP 2000)

52.244-2 SUBCONTRACTS. (JUN 2020)

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (JAN

2025)

52.246-25 LIMITATION OF LIABILITY - SERVICES. (FEB 1997)

52.249-6 TERMINATION (COST-REIMBURSEMENT). (MAY 2004) - ALTERNATE IV (SEP 1996)

52.249-14 EXCUSABLE DELAYS. (APR 1984)

52.251-1 GOVERNMENT SUPPLY SOURCES. (APR 2012)

52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

52.252-4 ALTERATIONS IN CONTRACT. (APR 1984)

52.253-1 COMPUTER GENERATED FORMS. (JAN 1991)

952.202-1 DEFINITIONS

952.208-70 PRINTING. (APR 1984)

952.215-70 KEY PERSONNEL. (DEC 2024)

952.242-70 TECHNICAL DIRECTION. (DEC 2000)

952.251-70 CONTRACTOR EMPLOYEE TRAVEL DISCOUNTS. (AUG 2009)

Section J - List of Documents, Exhibits and Other Attachments Section K - Representations, Certifications, and Other Statements of Bidders

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS. (SEP 2024)

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS-REPRESENTATION. (JAN 2017)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (JAN 2025)

52.204-20 PREDECESSOR OF OFFEROR. (AUG 2020)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT. (NOV 2021)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION.

(OCT 2020)

52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS-REPRESENTATION

AND DISCLOSURES. (DEC 2023)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-

REPRESENTATION. (NOV 2015)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS. (AUG 2020)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (OCT 2018)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY

OR A FELONY CONVICTION UNDER ANY FEDERAL LAW. (FEB 2016)

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-CERTIFICATION. (NOV

2021)

52.215-6 PLACE OF PERFORMANCE. (OCT 1997)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS. (FEB 2024)

52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS. (FEB

2016)

52.222-48 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS

TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT-

CERTIFICATION. (MAY 2014)

52.222-52 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS

TO CONTRACTS FOR CERTAIN SERVICES-CERTIFICATION. (MAY 2014)

52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS-

REPRESENTATION. (DEC 2016)

NNS-K-1001 COGNIZANT AGENCY FOR INDIRECT RATE NEGOTIATION

NNS-K-1003 CERTIFICATION REGARDING A FELONY CONVICTION UNDER ANY FEDERAL

LAW OR AN UNPAID FEDERAL TAX LIABILITY (FOR FY 2014 AND SUBSEQUENT YEARS)

Section L - Instructions,Conditions, and Notices to Bidders

52.204-7 SYSTEM FOR AWARD MANAGEMENT. (NOV 2024)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING. (AUG 2020)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL. (JAN 2017)

52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION. (NOV 2021)

52.215-22 LIMITATIONS ON PASS-THROUGH CHARGES--IDENTIFICATION OF SUBCONTRACT

EFFORT. (OCT 2009)

52.216-1 TYPE OF CONTRACT. (APR 1984)

52.216-29 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS--OTHER THAN

COMMERCIAL ACQUISITION WITH ADEQUATE PRICE COMPETITION. (NOV 2021)

52.222-46 EVALUATION OF COMPENSATION FOR PROFESSIONAL EMPLOYEES. (FEB 1993)

52.233-2 SERVICE OF PROTEST. (SEP 2006)

52.237-1 SITE VISIT. (APR 1984)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998)

52.252-3 ALTERATIONS IN SOLICITATION. (APR 1984)

952.219-70 DOE MENTOR-PROTEGE PROGRAM. (MAY 2000)

952.233-2 SERVICE OF PROTEST. (DEC 2024)

NNS-L-1008 PRICING INSTRUCTIONS – OPTION TO EXTEND SERVICES

NNS-L-1009 INSTRUCTIONS FOR SUBMITTING FOREIGN OWNERSHIP, CONTROL OR

INFLUENCE (FOCI) INFORMATION

DOE-L-2030 SYSTEM FOR AWARD MANAGEMENT CONTINUOUS REGISTRATION

REQUIREMENT (AUG 2023)

DOE-L-2015 OFFER ACCEPTANCE PERIOD (OCT 2015)

DOE-L-2022 ALTERNATE BID/PROPOSAL INFORMATION - NONE (OCT 2015)

Section M - Evaluation Factors for Award Section A - Solicitation/Contract Form

952.203-70 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES. (DEC 2000)

952.204-2 SECURITY REQUIREMENTS. (DEC 2024)

952.204-70 CLASSIFICATION/DECLASSIFICATION. (DEC 2024)

952.204-73 FACILITY CLEARANCE. (DEC 2024)

952.204-77 COMPUTER SECURITY. (DEC 2024)

952.204-78 DOE DIRECTIVES. (DEC 2024)

Section B - Supplies or Services/Prices

DOE-B-2008 TIME-AND-MATERIALS CONTRACT (OCT 2014)

(a) This is a time-and-materials contract. The Contractor shall provide the direct-productive-labor-hours (DPLH) at the fixed-hourly rates shown below by performing entity:

(1) For work performed by the Contractor's employees, the following labor categories, DPLH and fixed labor rates shall apply:

[Table insert applicable information in table to include CLIN Number, Labor Category, Fixed Hourly Rate, DPLH and Total Amount or in an appendix in Section J or N/A]

(2) For work performed by subcontractor employees, the following labor categories, DPLH and fixed labor rates shall apply:

[Table insert applicable information in table to include CLIN Number, Labor Category, Fixed Hourly Rate, DPLH and Total Amount or in an appendix in Section J or N/A]

(3) For work performed by a division/subsidiary/affiliate of the Contractor, the following labor categories, DPLH and fixed labor rates shall apply:

[Table insert applicable information in table to include CLIN Number, Labor Category, Fixed Hourly Rate, DPLH and Total Amount or in an appendix in Section J or N/A]

(b) The Contractor shall be reimbursed for the cost of materials, supplies, equipment, travel, or other direct costs in accordance with the applicable cost principles contained in the contract clause at FAR 52.216-7, Allowable Cost and Payment. The estimated cost of materials, supplies, equipment, travel, or other direct costs for this contract is [insert estimated cost.]

(c) The total ceiling price of this contract is [insert total for DPLH plus materials, etc. or separately as applicable.]

(d) Payment for the DPLH provided and materials, supplies, equipment, travel, or other direct costs, if any, shall be made in accordance with DOE-G-2005 BILLING INSTRUCTIONS (APR 2020) -

ALTERNATE I (APR 2020)

(End of Clause)

DOE-B-2012 SUPPLIES/SERVICES BEING PROCURED/DELIVERY REQUIREMENTS (OCT 2014)

The Contractor shall furnish all personnel, facilities, equipment, material, supplies, and services (except as may be expressly set forth in this contract as furnished by the Government) and otherwise do all things necessary for, or incident to, the performance of work as described in Section C, Performance Work Statement.

(End of Clause)

DOE-B-2013 OBLIGATION OF FUNDS (OCT 2014)

Pursuant to the clause of this contract at FAR 52.232-22, Limitation of Funds, total funds in the amount(s) specified below are obligated for the payment of allowable costs and fee. It is estimated that this amount is sufficient to cover performance through the date(s) shown below.

[insert amount of funds obligated and estimated time period by CLIN or total contract, as applicable].

(End of Clause)

DOE-B-2014 OPTION TO EXTEND THE TERM OF THE CONTRACT: ESTIMATED COST, FEE

AND PERIOD OF PERFORMANCE (OCT 2014)

(a) In accordance with the clause at FAR 52.217-9, Option to Extend the Term of the Contract, the Government may unilaterally extend the contract period of performance (as set forth in Section F, Deliveries) to require the Contractor to perform the work set out by Section C, Description/Specs/Work Statement of the contract. In the event that the Government elects to exercise its unilateral right to extend the term of the contract pursuant to this clause and FAR 52.217-9, all terms and conditions of the contract will remain in full force and effect.

(b) The Contracting Officer will consider factors set forth in FAR 17.207, Exercise of Options, in determining whether to exercise an option to extend the term of the contract. The Government is concerned with ensuring that the Contractor's performance meets, or exceeds, the performance requirements of the contract in a cost-effective manner. Accordingly, the Contracting Officer will consider the Contractor's performance as part of the determination to exercise any option to extend the contract term.

(c) The Estimated Cost, Fee, and Period of Performance of each option to extend the term of the contract are set forth below:

[include Option Period 1/CLIN, Estimated Cost, Fee, Total Est. Cost/Fee, Per of Perf/Duration with instructions to indicate * To be inserted at time of contract award]

(End of Clause)

Section C - Description/Specifications

DOE-C-2002 PERFORMANCE WORK STATEMENT (OCT 2014)

Attachment 1 in Section J

(End of Clause)

DOE-C-2003 REPORTS (OCT 2014)

The Contractor shall prepare and submit reports in accordance with Attachment 2 Reporting Requirements Checklist in Section J, and as specified in other clauses in the contract.

(End of Clause)

Section D - Packaging and Marking

NNS-D-1003 SECURITY REQUIREMENTS

The Contractor shall comply with the security requirements for packaging, marking, mailing, and shipping classified materials as prescribed by the current NNSA/DOE Safeguards and Security directives identified below:

DOE Order 205.1D, Department of Energy Cyber Security Program; DOE Order 472.2A, Personnel Security and all DOE/NNSA Security requirements in the Terms and Conditions of the Contract.

(End of clause)

Section E - Inspection and Acceptance

52.246-6 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR. (MAY 2001)

Section F - Deliveries or Performance

DOE-F-2002 PLACE OF PERFORMANCE - SERVICES (OCT 2014)

The services specified by this contract shall be performed at the following location(s):

See 17.0 of the PWS - work remotely on a regular or situational basis, as determined by the COR. The Program Manager and Senior Solutions Architect must reside in/near Albuquerque, NM and be able to report to the office no longer than three hours from the request being made. All other positions may be filled anywhere within the United States..

(End of Clause)

Section G - Contract Administration Data

DOE-G-2001 CONTRACTING OFFICER AUTHORITY (OCT 2014)

The Contracting Officer is responsible for administration of the contract. The Contracting Officer may appoint a Contracting Officer's Representative (COR), in accordance with the clause entitled Contracting Officer's Representative, to perform specifically delegated functions. The Contracting Officer is the only individual who has the authority on behalf of the Government, among other things, to take the following actions under the contract:

(a) Assign additional work within the general scope of the contract.

(b) Issue a change in accordance with the clause entitled Changes.

(c) Change the cost or price of the contract.

(d) Change any of the terms, conditions, specifications, or services required by the contract.

(e) Accept non-conforming work.

(f) Waive any requirement of the contract.

(End of Clause)

DOE-G-2002 CONTRACTING OFFICER'S REPRESENTATIVE (OCT 2014)

Pursuant to the clause at DEAR 952.242-70, Technical Direction, the Contracting Officer shall designate in writing a Contracting Officer's Representative (COR) for this contract, and provide a copy of such designation to the contractor, including the delegated responsibilities and functions. The COR does not have authority to perform those functions reserved exclusively for the Contracting Officer.

(End of Clause)

DOE-G-2003 CONTRACTOR'S PROGRAM MANAGER (OCT 2014)

(a) The Contractor shall designate a Program Manager who will be the Contractor's authorized supervisor for technical and administrative performance of all work hereunder. The Program Manager shall be the primary point of contact between the Contractor and the Contracting Officer's Representative (COR) under this Contract.

(b) The Program Manager shall receive and execute, on behalf of the Contractor, such technical directions as the COR may issue within the terms and conditions of the Contract.

(End of Clause)

DOE-G-2005 BILLING INSTRUCTIONS (APR 2020) - ALTERNATE I (APR 2020)

(a) Contractors shall use Standard Form 1034, Public Voucher for Purchases and Services Other than Personal, when requesting payment for work performed under the contract.

(b) Contractors shall submit vouchers electronically through the DOE Office of Finance and Accounting's Vendor Invoicing Portal and Electronic Reporting System (VIPERS). VIPERS allows vendors to submit vouchers, attach supporting documentation and check the payment status of any voucher submitted to the DOE. Instructions concerning contractor enrollment and use of VIPERS can be found at https://vipers.doe.gov.

(c) A paper copy of a voucher that has been submitted electronically will not be accepted.

(d) The voucher must include a statement of cost and supporting documentation for services rendered.

This statement should include, as a minimum, a breakout by cost or price element and task order (if applicable) of all services actually provided by the Contractor, both for the current billing period and cumulatively for the entire contract.

(1) Statement of Cost. The Contractor shall prepare and submit a Statement of Cost with each voucher in accordance with the following:

(A) Statement of Cost must be completed in accordance with the Contractor's cost accounting system.

(B) Costs claimed must be only those recorded costs authorized for billing by the payment provisions of the contract.

(C) Indirect costs claimed must reflect the rates approved for billing purposes by the Contracting Officer.

(D) The Direct Productive Labor Hours (DPLH) incurred during the current billing period must be shown and the DPLH summary completed, if applicable.

(E) The total fee billed, retainage amount, and available fee must be shown.

(F) If task orders or task assignments are issued under this contract, the Contractor must prepare a Statement of Cost for each task order work assignment and a summary for the total invoiced cost.

(2) The Contractor shall prepare and submit the supporting documentation with each voucher in accordance with the following:

(A) Direct costs (e.g., labor, equipment, travel, supplies, etc.) claimed for reimbursement on the Statement of Cost must be adequately supported. The level of detail provided must clearly indicate where the funds were expended. For example, support for labor costs must include the labor category (e.g., program manager, senior engineer, technician, etc.), the hourly rate, the labor cost per category, and any claimed overtime; equipment costs must be supported by a list of the equipment purchased, along with the item's cost;

supporting data for travel must include the destination of the trip, number and labor category of travelers, transportation costs, per diem costs, and purpose of the trip; and supplies should be categorized by the nature of the items (e.g., office, lab, computer, etc.)

and the dollar amount per category.

(B) Any cost sharing or in-kind contributions incurred by the Contractor and/or third party during the billing period must be included.

(C) Indirect rates used for billings must be clearly indicated, as well as their basis of application. When the cognizant Administrative Contracting Officer (ACO) or auditor approves a change in the billing rates, include a copy of the approval.

(D) All claimed subcontractor costs must be supported by submitting the same detail as outlined herein.

(End of Clause)

DOE-G-2007 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING (NOV 2021)

(a) The Contracting Officer will document the Contractor's performance under this contract (including any task orders placed against it, if applicable) by using the Contractor Performance Assessment Reporting System (CPARS). CPARS information is handled as "Source Selection Information," available to authorized Government personnel seeking past performance information when evaluating proposals for award.

(b) Contractor performance will be evaluated at least annually at the contract or task-order level, as determined by the Contracting Officer. Evaluation categories may include any or all of the following at the Government's discretion: (1) technical/quality, (2) cost control, (3) schedule, (4) management or business relations, and (5) small business subcontracting. Past performance information is available at https://www.cpars.gov. It is recommended that the Contractor take the overview training found on the CPARS website. The Contractor shall acknowledge receipt of the Government's request for comments on CPARS assessments at the time it is received and shall respond to such requests within fourteen (14) calendar days of the request.

(c) Joint Ventures. Performance assessments shall be prepared on contracts with joint ventures. When the joint venture has a unique Commercial and Government Entity (CAGE) code and unique entity identifier, a single assessment will be prepared for the joint venture using its CAGE code and unique entity identifier. If the joint venture does not have a unique CAGE code and unique entity identifier, separate assessments, containing identical narrative, will be prepared for each participating contractor and will state that the evaluation is based on performance under a joint venture and will identify the contractors that were part of the joint venture.

(d) In addition to the performance assessments addressed above, the Government will perform other performance assessments necessary for administration of the contract in accordance with other applicable clauses in this contract.

DOE-G-2008 NON-SUPERVISION OF CONTRACTOR EMPLOYEES (OCT 2014)

The Government shall not exercise any supervision or control over Contractor employees performing services under this contract. The Contractor's employees shall be held accountable solely to the Contractor's management, who in turn is responsible for contract performance to the Government.

(End of Clause)

Section H - Special Contract Requirements

NNS-H-1003 ACCESS TO DOE-OWNED OR LEASED FACILITIES

(a) The performance of this contract requires that employees of the Contractor have physical access to DOE-owned or leased facilities; however, this clause does not control requirements for an employee's obtaining a security clearance. The Contractor understands and agrees that DOE has a prescribed process with which the Contractor and its employees must comply in order to receive a security badge that allows such physical access.

The Contractor further understands that it must propose employees whose background offers the best prospect of obtaining a security badge approval for access. The contractor should consider the following types of potential problems, which are not all inclusive and may vary depending on access requirements, when making hiring decisions:

(1) is the candidate suspected of being a terrorist;

(2) is the candidate subject to an outstanding warrant;

(3) has the candidate deliberately omitted, concealed, or falsified relevant and material facts from any Questionnaire for National Security Positions (SF-86), Questionnaire for Non-Sensitive Positions (SF-85), or similar form;

(4) has the candidate presented false or forged identity source documents;

(5) has the candidate been barred from Federal employment;

(6) is the candidate currently awaiting a hearing or trial or been convicted of a crime punishable by imprisonment of six (6) months or longer; or

(7) is the candidate awaiting or serving a form of pre-prosecution probation, suspended or deferred sentencing, probation or parole in conjunction with an arrest or criminal charges against the individual for a crime that is punishable by imprisonment of six (6) months or longer.

(b) The Contractor shall assure:

(1) In initiating the process for gaining physical access, (i) compliance with procedures established by DOE in providing its employee(s) with any forms directed by DOE, (ii) that the employee properly completes any forms, and (iii) that the employee(s) submits the forms to the person designated by the Contracting Officer.

(2) In completing the process for gaining physical access, that its employee (i) cooperates with DOE officials responsible for granting access to DOE-owned or leased facilities and (ii) provides additional information, requested by those DOE officials.

(c) The Contractor understands and agrees that DOE may unilaterally deny a security badge to an employee and that the denial remains effective for that employee unless DOE subsequently determines that access may be granted. Upon notice from DOE that an employee's application for a security badge is or will be denied, the Contractor shall promptly identify and submit the forms referred to in subparagraph (b)(1) of this clause for the substitute employee. The denial of a security badge to individual employees by DOE shall not be cause for extension of the period of performance of this Contract or any Contractor claim against DOE.

(d) The Contractor shall return to the Contracting Officer or designee the badge(s) or other credential(s) provided by DOE pursuant to this clause, granting physical access to DOE-owned or leased facilities by the Contractor's employee(s), upon (1) the termination of this Contract; (2) the expiration of this Contract; (3) the termination of employment on this Contract by an individual employee; or (4) demand by DOE for return of the badge.

(e) The Contractor shall include this clause, including this paragraph (e), in any subcontract, awarded in the performance of this Contract, in which an employee(s) of the subcontractor will require physical access to DOE-owned or leased facilities.

(End of clause)

NNS-H-1009 COMPUTER SYSTEMS SECURITY

(a) The Contractor agrees to comply with the NNSA/DOE directives Attachment 5 and Terms and Conditions of the Contract and all other regulations specified in this contract or as required by law or regulations.

(b) The Contractor shall immediately provide written notification to the Contracting Officer when an employee of the Contractor no longer requires access to Government computer systems.

(End of clause)

NNS-H-1011 ENVIRONMENT, HEALTH, AND SAFETY PLAN FOR ON-SITE WORK

(a) In performance of the work at any DOE/NNSA site, the Contractor shall comply with all applicable federal and state environmental, health, and safety regulations and shall take all necessary and reasonable precautions to protect the environment, health, and safety of its employees, DOE/NNSA personnel, and members of the public. The Contractor shall participate in all emergency response drills and exercises while on a DOE/NNSA site.

(b) The Contractor shall take all necessary and reasonable steps to minimize the impact of its work on DOE/NNSA functions and employees, and immediately report all job-related injuries and/or illnesses which occur in any DOE/NNSA facility to the Contracting Officer Representative (COR) named in Part I, Section G of the contract.

(c) The Contractor shall develop, implement, and maintain an Environment, Health, and Safety Plan, which shall describe the Contractor's program for implementing the applicable regulations and requirements. The plan shall consist of the elements in the areas of environment, health, and safety required by federal, state and local law. The plan shall also include information on the Contractor's responsibility for providing treatment for employees who become ill or are injured in DOE or NNSA facilities. A copy of the plan shall be provided to the COR upon award of this contract and work shall not start until the plan is approved by the Contracting Officer.

If the Contractor has a corporate or company-wide Environment, Health, and Safety Plan, that plan may be submitted to satisfy the requirement of this clause. At a minimum, the Plan shall address the following elements:

(1) Roles and responsibilities for safety:

(2) Workplace hazard analysis;

(3) Hazard prevention and control;

(4) Safety and health training; and

(5) Program evaluation, safety inspections and record keeping.

(End of clause)

NNS-H-1013 IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED

NUCLEAR INFORMATION (UCNI)

In the performance of this contract, the Contractor is responsible for complying with the DOE O 471.1B requirements and for flowing down all requirements to subcontractors.

NNS-H-1018 SENSITIVE FOREIGN NATIONS CONTROLS

(a) The Contractor shall comply with the requirements of DOE Order 551.1C, "Official Foreign Travel", of June 24, 2008, as amended.

(b) The following is a list of Sensitive Countries and may be changed from time to time by written notice to the Contractor.

Algeria Iraq Russia

Armenia Israel Sudan

Azerbaijan Kazakhstan Syria

Belarus Kyrgyzstan Taiwan

China Libya Tajikistan

Cuba Moldova Turkmenistan

Georgia North Korea Ukraine

India Pakistan Uzbekistan

Iran

(c) Countries may appear on the sensitive country list for reasons of national security, nuclear nonproliferation, regional instability, threat to national economic security, or terrorism support.

(d) Due to the dynamic nature of world events, other countries may, at any time, become sensitive. Therefore, caution should be exercised in dealing with citizens of countries not listed to assure that sensitive information, although unclassified in nature, is not inadvertently disclosed. This would include nuclear and other U.S.

technology and economic information.

(e) From time to time, by written notice to the Contractor, NNSA shall have the right to change the listing of sensitive countries upon a determination by NNSA that such change is in conformance with national policy.

The Contractor has the right to terminate its performance under this contract upon at least 60 days prior written notice to NNSA if the Contractor reasonably determines that it is unable, without substantially interfering with its policies or without adversely affecting its performance, to continue performance of the work under this contract as a result of a change in the list of sensitive countries by NNSA. If the Contractor elects to terminate performance, the provisions of this contract with regards to termination for the convenience of the Government will apply.

(f) This clause, including this paragraph (f), shall be included in subcontracts that may involve making unclassified, published and unpublished technical information about nuclear technology available to certain sensitive foreign nations..

(End of clause)

NNS-H-1021 INSTRUCTIONS FOR UPDATING FOREIGN OWNERSHIP, CONTROL OR

INFLUENCE (FOCI) INFORMATION

(a) In order to submit periodic updates or to report changes to Foreign Ownership, Control or Influence information as required by DEAR 952.204-2, Security, the Contractor shall use the DOE FOCI electronic submission system located at https://foci.anl.gov.

(b) New users, when registering to update information under this contract, should select "NNSA Albuquerque Complex - Office of Partnership and Acquisition Services (NA-PAS)” as the Office that will review the FOCI Submission.

(c) All FOCI documentation/forms shall be completed within the eFOCI system. NOTE: A completed SF 328, Certificate Pertaining to Foreign Interests, executed in accordance with the instructions on the certification section of the SF328, shall be printed, signed and uploaded into the eFOCI system. The SF 328 is required for first time submissions, any time there are changes to the SF 328, and at the request of the Cognizant Security Authority (CSA). Specific problems maneuvering through the fields within the eFOCI system can be clarified by contacting the eFOCI help desk at (630) 252-6566 or fociserver@anl.gov mailto: fociserver@anl.gov.

(End of clause)

NNS-H-2003 INSTRUCTIONS FOR UPDATING FOREIGN OWNERSHIP, CONTROL OR

INFLUENCE (FOCI) INFORMATION FOR OFFICE OF SECURE TRANSPORTATION (JULY 2016)

(a) In order to submit periodic updates or to report changes to Foreign Ownership, Control or Influence (FOCI) information as required by DEAR 952.204-2, Security, the Contractor shall use the DOE FOCI electronic submission system located at https://foci.anl.gov.

(b) New users, when registering to update information under this contract, should select "Office of Secure Transportation” as the FOCI Office that will review the FOCI Submission.

(c) All FOCI documentation/forms shall be completed within the eFOCI system. NOTE: A completed SF 328, Certificate Pertaining to Foreign Interests, executed in accordance with the instructions on the certification section of the SF328, shall be printed, signed and uploaded into the eFOCI system. The SF 328 is required for first time submissions, any time there are changes to the SF 328, and at the request of the Cognizant Security Authority (CSA). Specific problems maneuvering through the fields within the eFOCI system can be clarified by contacting the eFOCI help desk at (630) 252-6566 or fociserver@anl.gov mailto: fociserver@anl.gov.

(End of clause)

NNS-H-2001 CONTRACTOR EMPLOYEE AND WORK PRODUCT IDENTIFICATION (MAR 2016)

Contractor employees working in the Federal workplace and attending meetings, answering Government telephones, sending emails, or working in similar situations where their contractor status is not obvious, are required to identify themselves and their work products to avoid creating an impression that they are Government officials or that their efforts are those of Federal employees. Contractor employees must identify themselves as contractor personnel in all forms of communications made in furtherance of the contract by stating they are contractor employees supporting NNSA on phone calls and at meetings, and by their signature block (the word “Contractor” must appear in the signature block along with identification of the company’s name) in written or electronic correspondence.

DOE-H-2013 CONSECUTIVE NUMBERING (OCT 2014)

Due to automated procedures employed in formulating this document, clauses and provisions contained within may not always be consecutively numbered.

(End of Clause)

DOE-H-2018 PRIVACY ACT SYSTEM OF RECORDS (OCT 2014)

The Contractor shall design, develop, or adopt the following systems of records on individuals to accomplish an agency function pursuant to the Section I clause entitled, "FAR 52.224-2, Privacy Act."

DOE-33, DOE-43. and DOE-77 in the Federal Register

DOE-H-2029 POSITION QUALIFICATIONS (OCT 2014)

The Contractor shall provide personnel for the performance of this contract, whether employees of the Contractor or employees of a subcontractor, which satisfy as a minimum the applicable labor category qualifications, both education and experience, set forth in the "Position Qualifications" in Section J, Attachment [insert number], except as the Contracting Officer may otherwise authorize.

(End of Clause)

DOE-H-2030 SECTION 8(A) DIRECT AWARDS (FEB 2018)

(a) This contract is issued as a direct award between the Department of Energy (DOE) and the Contractor pursuant to a Partnership Agreement between the Small Business Administration (SBA) and DOE. In accordance with the SBA-DOE Partnership Agreement, SBA has delegated to DOE, for re-delegation to warranted DOE Contracting Officers, its authority to enter into prime contracts with eligible 8(a) participants in accordance with section 8(a) (1)(A) of the Small Business Act. SBA retains responsibility for 8(a) certification, 8(a) eligibility determinations and related issues, and providing counseling and assistance to the 8(a) contractor under the 8(a) program.

(b) DOE is responsible for administering the contract and acting on behalf of the Government under the terms and conditions of the contract. DOE may assign contract administration functions to another Government contract administration office. However, DOE shall provide advance notice to the SBA before it issues any final notice terminating performance, either in whole or in part, under the contract;

and DOE shall obtain SBA's approval prior to processing any novation agreement.

(c) The Contractor shall notify the DOE Contracting Officer, simultaneously with its notification to SBA (as required by SBA's 8(a) regulations), when the owner or owners upon whom 8(a) eligibility is based relinquish ownership or control of such, or enter into any agreement to relinquish such ownership or control. Consistent with 15 U.S.C. 637(a) (21), transfer of ownership or control shall result in termination of the contract for the convenience of the Government, unless SBA waives the requirement for termination.

(d) Even though SBA may not be identified in Section A of the contract, it is still the prime contractor on the contract. The 8(a) participant remains the SBA's subcontractor.

(End of Clause)

DOE-H-2033 ALTERNATIVE DISPUTE RESOLUTION (OCT 2014)

(a) The DOE and the Contractor both recognize that methods for fair and efficient resolution of contractual issues in controversy by mutual agreement are essential to the successful and timely completion of contract requirements. Accordingly, DOE and the Contractor shall use their best efforts to informally resolve any contractual issue in controversy by mutual agreement. Issues of controversy may include a dispute, claim, question, or other disagreement. The parties agree to negotiate with each other in good faith, recognizing their mutual interests, and attempt to reach a just and equitable solution satisfactory to both parties.

(b) If a mutual agreement cannot be reached through negotiations within a reasonable period of time, the parties may use a process of alternate dispute resolution (ADR) in accordance with the clause at FAR 52.233-1, Disputes. The ADR process may involve mediation, facilitation, fact-finding, group conflict management, and conflict coaching by a neutral party. The neutral party may be an individual, a board comprised of independent experts, or a company with specific expertise in conflict resolution or expertise in the specific area of controversy. The neutral party will not render a binding decision, but will assist the parties in reaching a mutually satisfactory agreement. Any opinions of the neutral party shall not be admissible in evidence in any subsequent litigation proceedings.

(c) Either party may request that the ADR process be used. The Contractor shall make a written request to the Contracting Officer, and the Contracting Officer shall make a written request to the appropriate official of the Contractor.