Sec L - Instructions Conditions and Notices to Offeror 08.24.20 (1).pdf

Request for Proposal No. 89233220RNA000002 i

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFEROR

TABLE OF CONTENTS

L-1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)2

L-2 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

L-3 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) (AS MODIFIED BY DEAR 952.233-2)

L-4 FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

L-5 DEAR 952.211-70 PRIORITIES AND ALLOCATIONS (ATOMIC ENERGY) (APR 2008)

L-6 DEAR 952.219-70 DOE MENTOR-PROTÉGÉ PROGRAM (MAY 2000) (DOE DEVIATION PER

POLICY FLASH 2019-15)

L-7 DEAR 970.5209-1 REQUIREMENT FOR GUARANTEE OF PERFORMANCE (DEC 2000)

L-8 DEAR 970.5215-5 LIMITATION ON FEE (DEC 2000)

L-9 PROPOSAL PREPARATION INSTRUCTIONS - GENERAL

L-10 PROPOSAL PREPARATION INSTRUCTIONS – VOLUME I, THE OFFER

L-11 PROPOSAL PREPARATION INSTRUCTIONS – VOLUME II, TECHNICAL AND

MANAGEMENT INFORMATION

L-12 PROPOSAL PREPARATION INSTRUCTIONS – VOLUME III, COST INFORMATION

L-13 TIME, DATE, METHOD AND PLACE OFFERS AND PROPOSAL INFORMATION ARE DUE

L-14 COMPETITIVE RANGE

L-15 ORAL DISCUSSIONS

L-16 OFFER ACCEPTANCE PERIOD

L-17 SMALL BUSINESS SIZE INFORMATION AND SET-ASIDE INFORMATION

(UNRESTRICTED)

L-18 NUMBER OF AWARDS RESULTING FROM THIS SOLICITATION

L-19 CONTENT OF RESULTANT CONTRACT

L-20 ALTERNATE OFFER/PROPOSAL INFORMATION

L-21 FALSE STATEMENTS

L-22 EXPENS ES RELATED TO OFFER AND OTHER WRITTEN AND ORAL INFORMATION

L-23 ELECTRONIC MEDIA

L-24 COMMITMENT OF PUBLIC FUNDS

L-25 RESPONSIBLE PROSPECTIVE CONTRACTORS

L-26 DISPOSITION OF OFFERS AND PROPOSAL INFORMATION

L-27 RESTRICTION ON OFFEROR CONTACTS WITH EMPLOYEES OF PREDECESSOR

CONTRACTORS

L-28 INSTRUCTIONS FOR SUBMITTING FOREIGN OWNERSHIP, CONTROL OR INFLUENCE

(FOCI) INFORMATION

L-29 NON-FEDERAL PERSONNEL SUPPORT

L-30 OFFEROR INTENTION TO SUBMIT AN OFFER

L-31 LIST OF ATTACHMENTS TO SECTION L

Section L, Page 2

L-1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses:

https://www.acquisition.gov/far/ http://energy.gov/management/downloads/searchable-electronic-department-energy-acquisition-regulation

FAR/DEAR

REFERENCE

PROVISION TITLE

(Any insertions appear below the title in italics)

DATE OF

Provision

FAR 52.204-7 System for Award Management Oct 2018

FAR 52.204-16 Commercial and Government Entity Code Reporting Jul 2016

FAR 52.214-34 Submission of Offers in the English Language Apr 1991

FAR 52.214-35 Submission of Offers in U.S. Currency Apr 1991

FAR 52.215-1 Instructions To Offerors – Competitive Acquisition Alternate I (OCT 1997)

Jan 2017

FAR 52.222-5 Construction Wage Rate Requirements – Secondary Site of the Work

May 2014

FAR 52.222-24 Pre-Award On-Site Equal Opportunity Compliance Evaluation

Feb 1999

FAR 52.237-1 Site Visit Feb 1999

DEAR 952.204-73 Facility Clearance Aug 2016

DEAR 952.233-4 Notice of Protest File Availability Aug 2009

DEAR 952.233-5 Agency Protest Review Sep 1996

L-2 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a hybrid Cost-Plus performance-based Award Fee, Cost-Plus Fixed Fee and Firm-Fixed-Price type management and operating contract resulting from this solicitation.

https://www.acquisition.gov/far/ http://energy.gov/management/downloads/searchable-electronic-department-energy-acquisition-regulation http://energy.gov/management/downloads/searchable-electronic-department-energy-acquisition-regulation

Section L, Page 3

L-3 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) (AS MODIFIED BY DEAR

952.233-2)

(a) Protests, as defined in subsection 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer

(addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Lance Nyman Contracting Officer

U. S. Department of Energy, National Nuclear Security Administration M&O Contracting Branch (NA-APM-131) 1000 Independence Avenue, S.W.

Washington, D.C. 20585

Phone: (202) 586-4560 E-mail: lance.nyman@nnsa.doe.gov

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(c) Another copy of a protest filed with the Government Accountability Office shall be furnished to the following address within the time periods described in paragraph (b) of this clause: U.S. Department of Energy, Assistant General Counsel for Procurement and Financial Assistance (GC-61), 1000 Independence Avenue, S.W., Washington, DC 20585, Fax: (202) 586-4546.

(End of Provision)

L-4 FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Department of Energy Acquisition Regulation (48 CFR

Chapter 9) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

L-5 DEAR 952.211-70 PRIORITIES AND ALLOCATIONS (ATOMIC ENERGY) (APR

2008)

Contracts or purchase orders awarded as a result of this solicitation shall be assigned a [X] DO- E2 Rating; [ ] DX-Rating; and certified for national defense use in accordance with the Defense Priorities and Allocations System (DPAS) regulation (15 CFR Part 700).

mailto:lance.nyman@nnsa.doe.gov

Section L, Page 4

L-6 DEAR 952.219-70 DOE MENTOR-PROTÉGÉ PROGRAM (MAY 2000) (DOE

DEVIATION PER POLICY FLASH 2019-15)

The Department of Energy has established a Mentor-Protégé Program to encourage its prime contractors to assist small business concerns, Historically Black Colleges and Universities and Minority Institutions, and other minority institutions of higher learning in enhancing their capabilities to perform contracts and subcontracts for DOE and other Federal agencies. If the contract resulting from this solicitation is awarded on a cost-plus-award fee basis, the

Contractor's performance as a Mentor may be evaluated as part of the award fee plan. Mentor and Protégé firms will develop and submit “lessons learned” evaluations to DOE at the conclusion of the agreement. Any DOE contractor that is interested in becoming a Mentor should refer to the applicable regulations at 48 CFR 919.70 and should contact the Department of

Energy's Office of Small and Disadvantaged Business Utilization.

L-7 DEAR 970.5209-1 REQUIREMENT FOR GUARANTEE OF PERFORMANCE

(DEC 2000)

The successful Offeror is required by other provisions of this solicitation to organize a dedicated corporate entity to carry out the work under the Contract to be awarded as a result of this solicitation. The successful Offeror will be required, as part of the determination of responsibility of the newly organized, dedicated corporate entity, and as a condition of the award of the contract to that entity, to furnish a guarantee of that entity’s performance. That guarantee of performance must be satisfactory in all respects to the Department of Energy.

L-8 DEAR 970.5215-5 LIMITATION ON FEE (DEC 2000)

(a) For the purpose of this solicitation, fee amounts shall not exceed the total available fee allowed by the fee policy at 48 CFR 970.1504-1-1, or as specifically stated elsewhere in the solicitation.

(b) The Government reserves the unilateral right, in the event an Offeror's proposal is selected for award, to limit: fixed fee to not exceed an amount established pursuant to 48 CFR 970.1504- 1-5; and total available fee to not exceed an amount established pursuant to 48 CFR 970.1504-1-

9; or fixed fee or total available fee to an amount as specifically stated elsewhere in the solicitation.

L-9 PROPOSAL PREPARATION INSTRUCTIONS - GENERAL

General expectations and submissions are discussed as follows:

(a) Offerors are expected to be sufficiently knowledgeable of the mission of the Y-12

National Security Complex (Y-12) in Oak Ridge, TN and the Pantex Plant (PX) near Amarillo, TX to adequately prepare their offers and other proposal information submitted under this solicitation. Information relating to operations, strategic plans, and technical projects is available in various documents, many of which can be accessed on the Internet

Section L, Page 5 at https://www.energy.gov/nnsa/y-12-national-security-complex-and-pantex-plant-management-and-operating-mo-contract and at other DOE/NNSA websites.

(b) "Offeror" refers to the legal entity submitting the offer. The Offeror’s proposed separate legal entity will be totally responsible for all Contract activities (see Section G, G-5, Performance Guarantee(s)). Additionally, the separate legal entity must be incorporated or otherwise legally established before proposal submission.

(c) “Team member” refers to any other entity identified in the Offeror’s proposal as being responsible for performance of any of the work required by the contemplated Contract and is a member of a “contractor team arrangement” (as defined in FAR 9.601, Contractor Team Arrangement). The Offeror shall not submit the information required at Section L, L-10(c), L-10(d), and L-11 (a), Criterion 1, Past Performance, for small business team members with a proposed work scope less than $10 million over the Base Period.

(d) No classified information shall be included in this solicitation or in the Offeror’s proposal.

(e) Solicitation Questions/Comments. Questions or comments regarding this solicitation shall be submitted via email to: SEB8@nnsa.doe.gov. Submission of solicitation questions/comments by other means is not authorized. Questions and responses, if appropriate, will be posted to the FedConnect website at https://www.fedconnect.net.

FedConnect will be the primary and official site for posting information about this requirement and amendments to the solicitation. The website at https://www.energy.gov/nnsa/y-12-national-security-complex-and-pantex-plant-management-and-operating-mo-contract will be a secondary location, and it may take a few days to post information to this site. In the event information posted on FedConnect differs from information posted on the secondary, website the information on FedConnect shall be controlling. All questions on the solicitation should be submitted as soon as possible, but no later than [TBD], 2020. Questions submitted after this date may not be answered and may not be a basis for amending this solicitation.

(f) Submission of Proposals. Proposalsshall be electronically submitted via FedConnect at https://www.fedconnect.net. The FedConnect submission will be used as the official proposal submission for this requirement and will be used for the Government’s evaluation. Proposals shall be structured in three separate volumes as follows:

(1) Volume I – The Offer - One (1) signed original

(2) Volume II – Technical and Management Information – One (1) original.

(3) Volume III – Cost Information – One (1) original.

(4) (i) Each volume submitted shall comply with the following specifications:

https://www.energy.gov/nnsa/y-12-national-security-complex-and-pantex-plant-management-and-operating-mo-contract https://www.energy.gov/nnsa/y-12-national-security-complex-and-pantex-plant-management-and-operating-mo-contract mailto:SEB8@nnsa.doe.gov https://www.energy.gov/nnsa/y-12-national-security-complex-and-pantex-plant-management-and-operating-mo-contract https://www.energy.gov/nnsa/y-12-national-security-complex-and-pantex-plant-management-and-operating-mo-contract

Section L, Page 6

Multiple files may be submitted for each Volume; however, each file must clearly identify the Volume number and the sequence to which it relates.

Reference(s) to another part or section within the same Volume of the proposal may be appropriate in order to avoid duplication of detailed information.

Include the Offeror’s point of contact (name and telephone number) that can assist the Contracting Officer with technical questions/problems, if any, associated with the electronic files.

Proposals must be clearly and concisely written, indexed (cross-indexed as appropriate), and logically assembled. In addition to the guidance provided in paragraph (h), all pages of each Volume shall be appropriately numbered, identified with the name of the Offeror, the date, the solicitation number, and a legend in accordance with the solicitation’s

Section L (L-1) provision FAR 52.215-1, Instructions to Offerors— Competitive Acquisition, paragraph (e), Restriction on Disclosure and Use of Data, as appropriate, on each page. This is the only information that can be displayed within the one-inch top, bottom, and side margins.

Subcontractor and/or team member submissions of proprietary information may provide a password protected document (file) to the prime Offeror. In such instances the subcontractor and/or team member shall share the password with the Contracting Officer via e-mail to SEB8@nnsa.doe.gov. The e-mail should indicate the name of prime offeror. The subcontractor and/or team member proposal must adhere to the proposal due date/time and other solicitation requirements. Any passwords required to open password protected documents are subject to the proposal due date/time.

Each volume shall contain a glossary of all abbreviations and acronyms used, including a definition for each.

(ii) Offers submitted by facsimile methods will not be accepted.

(g) Maximum Page Limitations

The Transmittal Letter shall be limited to one (1) page and is not considered as part of Volumes I, II, or III. There is no page limitation for the Offer (Volume I) or the Cost

Information (Volume III). The Technical and Management Information (Volume II) shall not exceed 20 pages; however, certain pages are excluded from the page count as noted below. An Executive Summary or Overview of Volume II may be provided in Volume II and shall be included in the 20 page limitation. The following are excluded from the overall page count limitation:

Section L, Page 7

(1) Listing of Key Personnel (Section L, Attachment B), resume, which are limited to five (5) pages each, except for the Site Manager’s resume, which is limited to seven (7) pages, and letters of commitment, which are not included in the resume page count;

(2) The Cross Reference Matrix (Section L, Attachment D);

(3) The Volume II associated Table of Contents, list of Figures/Glossary of Acronyms used (including a definition for each), dividers, tabs or similar inserts that do not provide any substantive information;

(4) Past Performance Information Forms and attached additional pages (Section L, Attachment E – is limited to eight (8) pages per PPIF, including any additional pages); copies of any award fee determinations, performance evaluation reports or other documentation that reflects the formal performance assessments of the

Offeror by its customer; and information concerning terminated contracts; and

(5) Section L Attachment J Small Business Subcontract Dollars and Percentages.

(h) Page Formatting and Restrictions

The following page formatting and restrictions shall apply:

(1) Page size shall be 8.5 x 11 inches, not including foldouts. Page margins shall be a minimum of one inch at the top, bottom, and each side. Pages shall be numerically numbered sequentially by Volume (e.g., Volume I – 1, Volume I –2, Volume I – 3). Pages shall be single spaced text including graphics. For the

Volume II Table of Contents and list of Figures/Glossary of Acronyms, the page(s) shall use the following number style: Volume II - i, Volume II - ii, Volume II - iii, etc. Volumes I, II, and III text shall be submitted in searchable portable document format (PDF) format using a minimum 12 font size and Times

New Roman font style. Print type used in graphs, figures, charts, and tables may be smaller than size 12 and in a font other than Times New Roman; however the font used shall be clearly legible and no smaller than size 8. Attempts to circumvent page count restrictions through excessive use of graphs, figures, charts, and tables may result in unilateral truncation of the proposal by the Government. To facilitate the Government’s search for key words during proposal evaluation, Offerors should ensure that tables, diagrams, charts and/or other graphic illustrations are word searchable using the Adobe Acrobat “Find” function. Inserts that are predominantly artistic illustrations or pictures and do not contain a significant amount of narrative, are excluded from this requirement.

When both sides of a sheet display printed material, they will be counted as two

(2) pages.

(2) Foldouts of charts, tables, diagrams, or drawings shall not exceed 11 x 17 inches, if used. Foldout pages shall fold entirely within the volume and each side (front

Section L, Page 8 or back) of a foldout is considered two (2) pages for purposes of determining the number of pages. When both sides (front and back) of a foldout display contain printed material, they will be counted as four (4) pages. Page margins for the foldouts shall be a minimum of one inch at the top, bottom, and each side.

Foldouts may only be used for large tables, charts, graphs, diagrams, and other schematics, and not for pages of text.

(3) Page counting will begin with the first page and continue up to the page limitation. Pages exceeding the page count will not be read or evaluated. This process will be applied to the overall page limit for Volume II as well as page limits for specific documents, i.e., resumes and PPIFs, therefore a cover page to resume is not required as it will count against the page limitation. Material may not be incorporated by reference (including any information in Volume I or III) as a means to circumvent the page limitations identified in Section L, L-13(g) or for any other reason, except for reference(s) to another part or section within the same

Volume of the proposal in order to avoid duplication of detailed information.

L-10 PROPOSAL PREPARATION INSTRUCTIONS – VOLUME I, THE OFFER

Volume I, The Offer, consists of the offer to enter into a contract to perform the desired work and includes the items identified in the following paragraphs in the order listed. The information included in Volume I will not be evaluated for purposes of selection. However, failure to include information required in Volume I may result in a proposal being considered materially deficient and not compliant with the solicitation requirements and preclude the proposal from further consideration.

(a) The Offeror shall provide the administrative information, as required by the solicitation’s

Section L-1 provision FAR 52.215-1, Instructions to Offerors – Competitive Acquisition, paragraph (c) (2), along with the information requested in Section G, G-4, Contractor Contact, and Section G, G-7, Responsible Corporate Official, as the first page of Volume I.

(b) Section A of this solicitation contains an SF 33 for the Contract to be awarded under this solicitation. Offerors must submit one (1) original signed copy of the SF 33 document, which is fully compliant with the requirements of this solicitation provision.

(1) The person signing the SF 33 must have the authority to commit the Offeror to all of the terms and conditions of the resulting Contract (See Section L, L-19, Content of Resulting Contract). Whenever the words “Solicitation No.

89233220RNA000002” “Request For Proposal No. 89233220RNA000002” or “RFP No. 89233220RNA000002” appear in the Contract resulting from this solicitation, they shall be deemed to read “Contract No. [insert Contract number]” in the signed Contract for the management and operation of theY-12 National

Security Complex (Y-12) in Oak Ridge, TN and the Pantex Plant (PX) near Amarillo, TX.

Section L, Page 9

(2) In Block 14 of each SF 33, the Offeror must acknowledge receipt of all amendments to the solicitation’s Section L provision FAR 52.215-1, Instructions to Offerors – Competitive Acquisition.

(3) By signing and submitting the SF 33, the Offeror commits to accept the resulting

Contract (See Section L, L-19, Content of Resulting Contract) as written and to comply with the other provisions of the solicitation. Any exceptions or deviations by the Offeror to the terms and conditions stated in this solicitation for inclusion in the resulting Contract may make the offer unacceptable for award without discussions.

(c) Section K, Representations, Certifications, and Other Statements of Offerors:

(1) The Offeror shall submit a fully completed Section K, Representations, Certifications, and Other Statements of Offerors.

(2) The parent organization of each member of a “contractor team arrangement,” if proposed, and all subcontractors (i.e. IAW L-9 PROPOSAL PREPARATION INSTRUCTIONS - GENERAL (c) above) must separately complete, sign, and submit the Section K, Representations, Certifications, and Other Statements of

Offerors.

(3) The Offeror shall complete and submit Section L, Attachment I, Offeror

Information.

(4) In addition, the Offeror, the parent organization of each member of a “contractor team arrangement,” if proposed, and all subcontractors (i.e. IAW L-9 PROPOSAL PREPARATION INSTRUCTIONS - GENERAL (c) above) shall also submit a copy of their FAR Report under the Representations and Certifications from the System for Award Management (SAM).

(5) All members of a team must submit the Organizational Conflict of Interest (OCI) requirement in Section K.

(6) The Offeror shall submit a copy of its Assertions from the SAM.

(d) The Offeror shall submit a fully completed and executed Performance Guarantee Agreement(s) (see Section G, G-5, Performance Guarantee(s)) for each teaming member (excluding subcontractors) or parent organization. Section L, Attachment A, Performance Guarantee Agreement(s), contains the minimum Performance Guarantee

Agreement conditions acceptable to DOE/NNSA. This agreement will become part of the resulting Contract at Section J, Appendix I, Performance Guarantee Agreement(s).

The Offeror shall submit the last three annual reports (i.e. business reports) for the parent organization(s) providing the Performance Guarantee Agreement(s). Annual reports shall be submitted electronically through FedConnect. Annual reports may be submitted as an attachment to Volume I, so long as a reference to these attachments appears in the order where the information would have been included. The Offeror shall submit evidence that the “the legal entity submitting the offer” is legally established (see Section L, L-9(b)).

(e) The Offeror shall submit a Small Business Subcontracting Plan for Government fiscal year 2021 through 2031, which contains all the elements required by Section I clause

Section L, Page 10

FAR 52.219-9, Small Business Subcontracting Plan. Section L, Attachment C, Instructions for Small Business Subcontracting Plan , provides an outline and instructions for preparing the Plan. The Contracting Officer, must approve the Small Business Plan that will become part of Section J, Appendix E, Small Business Subcontracting Plan.

Small Business Subcontracting Plans will be updated annually and shall be incorporated into the Contract by a separate supplemental agreement contract modification. Offerors should consider historical subcontract performance along with the current year subcontracting goals for the Site, as provided on the NNSA website, https://www.energy.gov/nnsa/y-12-national-security-complex-and-pantex-plant-management-and-operating-mo-contract.

(f) Offerors are prohibited from submitting multiple offers/proposals as a prime contractor or parent company. If a company is included on multiple offers/proposals as either a prime contractor or parent company, the Offerors will be contacted immediately and both offers/proposals submitted will be deemed ineligible.

L-11 PROPOSAL PREPARATION INSTRUCTIONS – VOLUME II, TECHNICAL

AND MANAGEMENT INFORMATION

A Cross Reference Matrix is located at Section L, Attachment D, Cross Reference Matrix.

This matrix will provide a crosswalk between the offeror instructions in Section L and evaluation criteria in Section M, with the Offeror’s proposal. The Offeror shall complete the “proposal” column of this matrix with the proposal page and paragraph number where information is located as determined by the Offeror. This matrix is for informational purposes to assist the Government in locating information in the proposal.

The Offeror shall provide the following information for the Volume II portion of the proposal.

(a) Criterion 1: PAST PERFORMANCE

The Offeror shall provide past performance information, reflecting recent performance similar in size, scope, and complexity to the portions of the Statement of Work the Offeror (or team member) is proposed to perform and the Offeror’s ability to successfully perform the Statement of Work (SOW). If the Offeror is a proposing team member or subcontractor to perform or be responsible for a section of the SOW, the Offeror shall identify the section or sections of the SOW (include task area from SOW) each team member is proposed to perform or for which it is responsible within the Past Performance

Information Form (PPIF).

The Offeror shall use the form at Section L, Attachment E, Past Performance Information Form (PPIF). With each PPIF, the Offeror shall submit copies of any award fee determinations, performance evaluation reports, small business achievement such as Individual Subcontract Report and Summary Subcontract Report (ISRs/SSRs) or other documentation that reflects the formal performance assessments of the Offeror by its customer on the performance cited in the PPIF.

https://www.energy.gov/nnsa/y-12-national-security-complex-and-pantex-plant-management-and-operating-mo-contract https://www.energy.gov/nnsa/y-12-national-security-complex-and-pantex-plant-management-and-operating-mo-contract

Section L, Page 11

The Offeror shall describe at least one, but no more than three contracts for each proposed team member. Only one contract shall be described per PPIF. For example, a prime Contractor with two subcontractors shall describe no more than nine contracts

(each on a separate PPIF for a total of no more than nine PPIFs). Two teaming partners and two subcontractors shall describe no more than 12 contracts (each on a separate PPIF for a total of no more than 12 PPIFs). Contracts listed may include contracts with federal, state, and local Government, and contracts with commercial customers. The performance cited must be within the period from the last five years preceding the due date for proposals through the present and at least nine months in duration within the aforementioned period.

The Offeror shall provide performance relating to work that is similar in size, scope and complexity of the requirements in the Section J, Appendix A, Statement of Work , Chapter II, Work Scope Structure. For tasks within the Statement of Work for which only the incumbent contractor would have direct past performance, the Government will evaluate the relevance of any analogous past performance such as work on other major weapons systems, work relating to nonproliferation of nuclear, radiological, chemical or biological weapons and related programs around the world, work relating to safeguards and security technology programs involving high hazard nuclear materials or other high hazard materials, work relating to Capital Asset Projects, Line Item Projects, Major Items of Equipment, and transitioning capital asset construction projects to full operations.

Offerors should specifically demonstrate in detail how the proposed past performance is relevant and how it qualifies the offeror to successfully perform the applicable sections of the Statement of Work.

The Offeror should submit all PPIFs and performance assessments no later than the date and time set for receipt of proposals, as these documents are subject to the late proposals provisions at paragraph (c) of L-1, FAR 52.215-1 Instructions to Offerors -- Competitive Acquisition (Jan 2017) Alt I. The Offeror shall provide the Past Performance Cover Letter and Questionnaire at Section L, Attachment F, to each technical and contracting point of contact on the PPIF. These points of contact shall return the completed Past

Performance Questionnaires directly to the government by email to SEB8@nnsa.doe.gov, Attn: Lance Nyman, Contracting Officer. The completed Past Performance Questionnaires should be received by the Government before the due date for receipt of proposals. However, the Past Performance Questionnaires are not subject to the late proposals provisions at paragraph (c) of L-1, FAR 52.215-1 Instructions to Offerors -- Competitive Acquisition (Jan 2017) Alt I. The Offeror shall advise the technical and contracting points of contact identified on each PPIF that the Government may contact them to obtain additional past performance information or clarification of past performance information, including information provided via completed Past Performance Questionnaires.

The Offeror shall also submit for each team member, by the date for receipt of proposals, a list of all contracts terminated prior to the planned completion date for any reason whether unilateral or bilateral, and (whether partially or completely) within the five years preceding the RFP response due date, as this information is subject to the late proposals mailto:SEB8@nnsa.doe.gov

Section L, Page 12 provisions at paragraph (c) of L-1, FAR 52.215-1 Instructions to Offerors -- Competitive Acquisition (Jan 2017) Alt I. For each terminated contract identified in a team member’s list, the Offeror shall provide the following information: the dollar amount of the contract, the party contracted with, a brief description of the work, the reason for termination, and the name and telephone number of the customer’s contracting official for the contract. If no contract was terminated for any member of the Offeror’s team, a statement to that effect is required in lieu of a list of terminated contracts.

PPIFs, performance assessments, small business achievements (ISR/SSRs) and information concerning terminated contracts shall be included as a separate Appendix to Volume II.

Past performance information will be used for the best value decision, as well as for the responsibility determination. The Government may obtain past performance information from other sources.

(b) Criterion 2: SITE ORGANIZATION AND KEY PERSONNEL

(1) The Offeror shall describe its proposed organizational structure (including an organizational chart) to manage the Y-12 National Security Complex and the Pantex Plant, particularly with respect to performance of the Statement of Work, as follows:

(i) Individual roles, responsibilities, and lines of authority to include Key Personnel and managers that report directly to any Key Person (only Key Personnel must be named);

(ii) A description of the structure, composition, duties of the involved organization(s), and any resources available outside of the site which help to ensure performance under the Contract. ; and

(iii) How the Offeror will lead and implement organizational culture change as described in clause H-20, Organizational Culture Change, provided below for reference:

H-20 ORGANIZATIONAL CULTURE CHANGE

The contractor shall improve the organizational culture by proactively balancing the conduct of operations in every aspect of executing the statement of work (e.g.

integrating technical safety, Nuclear Explosive Safety, and criticality safety requirements within a production environment; product realization processes;

effective IT/Cyber Security, and integrating construction and operations in a high hazard environment). This balance should allocate resources and leadership focus to ensure mission deliverables and desired outcomes are achieved in a timely manner with operations that are safe, secure, and efficient. In addition to the focus areas and attributes described in Department of Energy Guide 450.4-1C, Integrated Safety Management System, Attachment 10, the Contractor shall include organizational culture improvement as part of its strategic planning activities.

Section L, Page 13

(2) Key Personnel consist of the Site Manager and other key personnel who report directly to the Site Manager with direct responsibility for performance of the Statement of Work., The Offeror has the flexibility in determining which positions they consider key to: 1) leading and/or managing ability in work of similar size, scope, and complexity and

2) leading and implementing organizational culture change as described in clause H-20.

The Offeror shall submit written resumes addressing the elements described below, for all

Key Personnel.

RESUME ELEMENTS

1. Name of Offeror:

1a. Company Key Personnel will be employed by under Y-12 and Pantex M&O Contract:

2. Name of Key Person:

3. Proposed Position:

4. Duties and Responsibilities in Proposed Position including elements of the Statement of Work assigned:

5. Chronological Work History: Start with current position and work backwards.

A. Name and Address of Firm:

B. Dates of Employment:

C. Position(s) Held:

D. Name, Title, Phone Number, and Email of Supervisor:

E. General Summary: Address the Key Person’s expertise and experience in:

leading and/or managing work of similar size, scope, and complexity and leading and implementing organizational culture change for the position proposed.

6. Education: List degree(s); Discipline(s); Year(s); and Institution(s)

7. Citizenship:

8. Level of Security Clearance (if any):

9. References: Name, title, address, current telephone number, e-mail. The proposed Key Personnel should list three references. It is the Government’s preference that Offerors provide references that are not currently Federal employees

Signature of Key Person:

Include the following statement:

By submission of this information, the Key Person and Offeror authorize DOE/NNSA to contact references, previous employers, and other sources to verify accuracy.

By submission of each resume, the Key Person and Offeror authorize DOE/NNSA to contact any references, previous employers, and other sources to determine each Key Person’s qualifications and verify accuracy of information provided in the resume. The Offeror shall submit a signed and dated Letter of Commitment in the format provided at Section L, Attachment G, Letter of Commitment for each proposed Key Person. The Letter of Commitment shall

Section L, Page 14 indicate the Key Person’s intention to accept employment, total compensation to include reimbursable and non-reimbursable costs under the contract, benefits, commitment to relocate as necessary, and to remain in their proposed position beginning on the effective date of the contract through the first three years of the Base Period. Proposed Key Personnel must be United States citizens, and have current DOE “Q” clearances or be eligible to receive such a clearance. However, a foreign national can be proposed if that person can be granted access to nuclear weapons data following the procedures in DOE O 452.8, Control of Nuclear Weapon Data.

The Offeror shall also complete and submit Section L, Attachment B, Listing of

Key Personnel, with all of the names and titles of the proposed Key Personnel.

This will be incorporated into the resulting contract at Appendix F, Key Personnel. Listing of Key Personnel, commitment letters, and resumes shall be included as a separate Appendix to Volume II and are excluded from the Volume

II page count limitation. Each resume shall be limited to five (5) pages, except for the Site Manager’s resume, which shall be limited to seven (7) pages (no cover page for resumes is required). The Government will not evaluate information contained on pages that exceed the page limits.

Information in Criterion 2 may be made a material part of the contract.

(c) Criterion 3: SMALL BUSINESS PARTICIPATION

The Offeror shall describe its approach in using small business concerns and the extent to which the Offeror will use small business concerns, veteran-owned small business concerns, service disabled veteran-owned small business concerns, HUB

Zone small business concerns, small disadvantaged business concerns, and women-owned small business concerns, in the performance of the Contract. The Offeror shall include a description of the types of work that are intended to be performed by small businesses. The extent that small businesses are proposed to be used shall be stated in terms of total planned subcontracted dollars and percentages, and as percentage of total contract value. The Offeror’s proposed subcontracted dollars and percentages do not need to be included in the narrative. The Offeror shall provide this information (i.e. subcontract dollars and percentages) in Section L, Attachment J -

Small Business Subcontract Dollars and Percentages. Information provided must not contradict the Offeror’s Small Business Subcontracting Plan (reference Section L, L- 10(e) above).

Information in Criterion 3 may be made a material part of the contract.

L-12 PROPOSAL PREPARATION INSTRUCTIONS – VOLUME III, COST

INFORMATION

Given the nature of DOE/NNSA’s budget-based management and operating contracts and the Government’s interest in obtaining efficiencies that reduce costs, the Offeror will not be required to provide, nor will the Government determine, an overall estimated total value (estimated

Section L, Page 15 cost/price plus fee) at the time of award. However, the Offeror must propose a firm-fixed-price transition and fee rates for contract performance. Transition price will be a separate contract line item number in the contract that will be awarded on a firm-fixed-price basis. In view of the expectation of adequate price competition, Cost or Pricing Data is not required. However, the Government reserves the right to request additional supporting information other than certified cost and pricing data if necessary to clarify the Government’s understanding of an offeror’s cost/price proposal. Such requests for additional information shall be considered “clarifications” as defined by FAR 15.306(a) and shall not be treated as “discussions” prior to the establishment of the competitive range.

Prices under this contract will fall under four (4) distinct Contract Line Item Numbers (CLINs).

Offerors shall propose their prices/fees under each CLIN as outlined below:

(a) Transition Price (CLIN 0001 – Firm-Fixed-Price [FFP]): The Offeror shall use Section

L, Attachment H Transition Price and Fee Summary, CLIN 0001 Transition Tab to display its proposed firm-fixed-price for Transition. The proposed Transition price for the Transition Period shall consist of all transition costs. All relocation related costs/expenses for the proposed management team shall be funded by the FFP transition

CLIN regardless of when those costs/expenses are incurred. The firm-fixed Transition price shall be the lesser of the Government determined ceiling or the proposed price. The

Offeror shall propose a firm-fixed-price offer, from $0 to $15,000,000 for all transition costs under the transition period and shall not exceed $15,000,000.

(b) Fee for Management and Operating Y-12/Pantex (CLIN 0002 – Award Fee): The Offeror shall use Section L, Attachment H Transition Price and Fee Summary, CLIN 0002 Fee

Excel Tab to display its proposed award fee rate(s) that will be applied to the forecasted annual fee bases to arrive at an estimated total fee amount for evaluation purposes. The proposed award fee shall not exceed 2.5% of the forecasted fee base for each Contract

Period. This section of the cost proposal shall include the Offeror’s proposed award fee rate(s) for inclusion at Section B-2, paragraph (c) of the contract. The forecasted annual fee base represents the CLIN 0002 forecasted budget less exclusions1 and proposed fee and will be based on the following formula:

((Annual CLIN 0002 Forecasted Budget * (1-Exclusion%)) / (1 + Proposed

Fee%)

NOTE: In addition to the foregoing language in section L(12)(b), the Government intends to incorporate one of the following alternatives for the CLIN 0002 fee calculation in the final request for proposal. The Government encourages and will consider industry feedback

1 The deduction for exclusions represents 13% of the total annual budget based on historical cost incurrence under the existing Y-12/Pantex contract. The excludable costs consist of taxes, utilities, facility leases, and 30% of subcontracts and procurements. This exclusion rate will be set for the entirety of the contract and is not subject to change based on actual performance costs.

Section L, Page 16 including possible advantages, disadvantages, and any major obstacles associated with either alternative.

Alternative 1: The proposed fee amounts for the base periods of the contract shall be incorporated into the contract and shall not be subject to future revision unless there is at least 25% magnitude of change in scope or character of the work in accordance with the changes clause. The proposed fee amounts for the option periods will be used for proposal evaluation purposes only and will be established and incorporated in the contract prior to commencement of the Option 1 performance period and shall be calculated using the following formula:

((Annual CLIN 0002 Forecasted Budget * (1-Exculsion Rate)) / (1 + Proposed

Note: The “Annual CLIN 0002 Forecasted Budget” is in accordance with

Attachment H contract periods.

Alternative 2: The proposed fee percentage(s) will be incorporated into the contract and shall not be subject to future revision. The proposed fee amounts will be used for evaluation purposes only. The actual available fee amounts will be established annually prior to commencement of each performance period and are only subject to change as a result of an approved baseline change. The available fee amount will be established using the following formula:

((Annual Control Baseline less Estimated CLIN 0004 Budget) * (1-Exclusion

Rate)) / (1 + Proposed Fee%))

(c) Fee for Strategic Partnership Projects (CLIN 0003 – Fixed Fee): The Offeror shall use

Section L, Attachment H Transition Price and Fee Summary, CLIN 0003 Fee Excel Tab to display its proposed fixed fee rate(s) that will be applied to the forecasted annual fee bases to arrive at an estimated total fee amount for evaluation purposes. The proposed fixed fee rate shall not exceed 2.5% of the estimated fee base for each Contract Period.

This section of the cost proposal shall include the Offeror’s proposed fixed fee rate(s) for inclusion at Section B-2, paragraph (d) of the contract. The available fixed fee amount will be established annually prior to commencement of the performance term based on updated fee base estimates. The updated fee base estimates shall be computed using the following formula:

((Estimated Annual CLIN 0003 Budget*(1-Exclusion%2)) / (1 + Proposed

2 The deduction for exclusions represents 13% of the total annual budget based on historical cost incurrence under the existing Y-12/Pantex contract. The excludable costs consist of taxes, utilities, facility leases, and 30% of

Section L, Page 17

(d) The contract will include CLIN 0004 (Capital Construction Projects) to enable NNSA and the successful Contractor to negotiate Capital Construction Projects as individual subCLINs under CLIN 0004 with separate fee/price structures based on project risk and complexity. No cost or pricing information related to CLIN 0004 is required with the

Offeror’s proposal. The Government will select individual Capital Construction Projects for inclusion under this CLIN after award of the contract resulting from this solicitation.

Attachment H shall be submitted in Microsoft (MS) Excel format, version 2013 or older, with formulas and links intact and all cells unprotected. Offerors are responsible for the accuracy of all formulas, links, and all other relationships within the submitted MS Excel electronic spreadsheets and workbooks. The estimated costs shown for each year for both CLIN 0002 and CLIN 0003 in Section L, Attachment H Transition Price and Fee Summary, Estimated Costs Tab are estimates only, for the purpose of establishing a cost base for the proposed fees. The estimated cost base figures will not be incorporated into the Contract at time of award.

All proposed team members must share in the fee pool, whether they are subcontractors or members of a joint-venture, and no separate fee or profit will be paid on subcontracts with team members. The fee restriction above does not apply to members of the Contractor’s team that are:

(1) small business(es); (2) Protégé firms as part of an approved Mentor-Protégé relationship under the Clause entitled, Mentor-Protégé Program; (3) a competitively awarded firm-fixed price or firm-fixed unit price subcontract; or (4) competitively awarded subcontracts for commercial items as defined in FAR Subpart 2.1. Firms who are proposed as small businesses subcontractors must certify in writing that they are small at time of proposal, in accordance with the NAICS Code and associated size standard, assigned by the Prime Contractor, to the resultant subcontract.

The NAICS Code assigned by the Prime Contractor does not have to match the NAICS Code assigned to the M&O Prime Contract.

L-13 TIME, DATE, METHOD AND PLACE OFFERS AND PROPOSAL

INFORMATION ARE DUE

(a) Offerors are reminded that submission of their proposal shall be submitted electronically via FedConnect (https://www.fedconnect.net). The submission through FedConnect is the official response to this RFP. Note: NNSA does not operate FedConnect. Offerors shall direct all technical issues or questions concerning FedConnect to the FedConnect

Support Center: fcsupport@unisonglobal.com or call 1-800-899-6665. The FedConnect Support Center is staffed Monday – Friday 8 a.m. to 8 p.m., Eastern Time, except Federal Holidays.

(b) All Offers and Proposal Information are due at the time (all times are Eastern) and date identified on the Standard Form (SF) 33; Solicitation, Offer and Award (Section A, Block 9). (CAUTION: See the Solicitation’s Section L Provision FAR 52.215-1, Instructions subcontracts and procurements. This exclusion rate will be set for the entirety of the contract and is not subject to change based on actual performance costs.

mailto:fcsupport@unisonglobal.com

Section L, Page 18 to Offerors – Competitive Acquisition (Jan 2017), Alt I, describing treatment of late submissions, modifications, and withdrawals of proposals.).

L-14 COMPETITIVE RANGE

In order to ensure an efficient competition can be conducted the Government will limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a technical and price standpoint. The Government intends to evaluate proposals and award a contract after conducting discussions with offerors whose proposals have been determined to be within the competitive range.

L-15 ORAL DISCUSSIONS

The Government intends to maximize its ability to obtain the best value, based on the requirements and evaluation factors in the solicitation through the use of Oral Discussions in accordance with FAR Part 15.306(d). The Government intends to hold Oral Discussions after the competitive range is established. Prior to Oral Discussions, Offerors in the competitive range will be provided their significant weaknesses and deficiencies in writing. The interactive dialogue with the Offeror will allow the Government to ask questions and discuss significant weaknesses, deficiencies, and other aspects of an Offeror’s proposal that could be altered to enhance materially the proposal’s potential for award. Following Oral Discussions, Offerors will then be provided instructions for their final proposal revisions via an amendment to the solicitation.

The Government will conduct the Oral Discussions with the Offeror’s Key Personnel. The Offeror is required to submit a list of attendees prior to the Oral Discussions. In addition to Key

Personnel, authorized representatives from the Offeror’s team may be invited to attend oral discussions. NNSA will provide further details regarding attendees after the competitive range is established. The Government reserves the right to engage in discussions with the proposed site manager and other key personnel as deemed appropriate.

The Government expects to hold Oral Discussions the week of TBD. Oral Discussions will be conducted TBD. The Contracting Officer will contact Offerors in the competitive range the week of TBD to establish a specific date and time for Oral Discussions.

A record will be maintained of Oral Discussions and no written submissions will be accepted during the Oral Discussions. The method and level of detail of the record (e.g., video recording, audio recording, or written transcript) shall be at the discretion of the source selection authority.

A copy of the record placed in the file may be provided to the Offeror.

Information discussed or presented during Oral Discussions will not be considered to be included in the Offeror’s proposal. Any information that the Offeror intends for the Government to evaluate must be included in its written, revised proposal. Incorporation by reference to oral statements during discussions will not be permitted.

Section L, Page 19

L-16 OFFER ACCEPTANCE PERIOD

The minimum offer acceptance period is 365 calendar days after the required date for receipt of

Offers.

L-17 SMALL BUSINESS SIZE…