ICP_Section I_DRFP.pdf

IDAHO CLEANUP PROJECT (ICP) – DRAFT END STATE RFP SECTION I

SOLICITATION NO. 89303319REM000034

I-1

Part II – Contract Clauses

Section I

Contract Clauses

I-2

I.1 FAR 52.252-2 Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at these addresses:

https://www.acquisition.gov/?q=browsefar http://energy.gov/management/downloads/searchable-electronic-department-energy-acquisition-regulation

I.2 FAR 52.252-6 Authorized Deviations in Clauses (Apr 1984)

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

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

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

Table I-1. Clauses

Clause No.

FAR/DEAR

Reference Title

Fill-In Information;

See FAR 52.104(d)

I.3 52.202-1 Definitions (Nov 2013)

I.4 52.203-3 Gratuities (Apr 1984)

I.5 52.203-5 Covenant Against Contingent Fees (May 2014)

I.6 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006)

I.7 52.203-7 Anti-Kickback Procedures (May 2014)

I.8 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014)

I.9 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

I.10 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

(Oct 2010)

I.11 52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015)

I.12 52.203-14 Display of Hotline Poster(s) (Oct 2015) (b)(3) DOE Office of Inspector General Hotline Poster

I.13 52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights (Apr 2014)

I.14 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

I.15 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content

Paper (May 2011)

I.16 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

I.17 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018)

I.18 52.204-13 System for Award Management Maintenance (Oct 2018)

I.19 52.204-15 Service Contract Reporting Requirements for Indefinite Delivery Contracts (Oct 2016)

I.20 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

I.21 52.204-19 Incorporation by Reference of Representations and Certifications

(Dec 2014) https://www.acquisition.gov/?q=browsefar http://energy.gov/management/downloads/searchable-electronic-department-energy-acquisition-regulation http://energy.gov/management/downloads/searchable-electronic-department-energy-acquisition-regulation https://energy.gov/sites/prod/files/igprod/documents/Hotline_poster.pdf

I-3

No.

FAR/DEAR

Reference Title

Fill-In Information;

See FAR 52.104(d)

I.22 52.204-21 Full Text Below

Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

I.23 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)

I.24 52.204-25 Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment (Aug 2019)

I.25 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Or Proposed for Debarment (Oct 2015)

I.26 52.209-9 Updates of Publicly Available Information Regarding Responsibility

Matters (Oct 2018)

I.27 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015)

I.28 52.210-1 Market Research (Apr 2011)

I.29 52.215-2 Audit and Records—Negotiation (Oct 2010)

I.30 52.215-8 Order of Precedence—Uniform Contract Format (Oct 1997)

I.31 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (Aug 2011)

I.32 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data—

Modifications (Aug 2011)

I.33 52.215-12 Subcontractor Certified Cost or Pricing Data (Oct 2010)

I.34 52.215-13 Subcontractor Certified Cost or Pricing Data—Modifications (Oct 2010)

I.35 52.215-14 Integrity of Unit Prices (Oct 2010) – Alt I (Oct 1997)

I.36 52.215-15 Pension Adjustments and Asset Reversions (Oct 2010)

I.37 52.215-17 Waiver of Facilities Capital Cost of Money (Oct 1997)

NOTE: This clause will not be included in the contract if awardee proposes Facilities Capital Cost of Money in its proposal.

I.38 52.215-18 Reversion or Adjustment of Plans for Post-Retirement Benefits

(PRB) Other Than Pensions (Jul 2005)

I.39 52.215-19 Notification of Ownership Changes (Oct 1997)

I.40 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data—Modifications (Oct 2010) – Alt III (Oct 1997)

(c) [insert preferred type of electronic media], as requested by the Contracting Officer.

I.41 52.215-23 Limitations on Pass-Through Charges (Oct 2009)

I.42 52.216-7 Allowable Cost and Payment (Aug 2018), as modified by DEAR

952.216-7 (Applies to CR Task Orders only)

(a)(3) 30th

(cost invoices) and 30th (fee invoices)

I.43 52.216-8 Fixed Fee (Jun 2011)

I.44 52.216-10 Incentive Fee (Jun 2011) (e)(1) 30, 30, 15, zero

I.45 52.216-11 Cost Contract-No Fee (Apr 1984) (Applies to CR Task Orders without fee only)

I-4

No.

FAR/DEAR

Reference Title

Fill-In Information;

See FAR 52.104(d)

I.46 52.216-18 Full Text Below

Ordering (Oct 1995) (a) from effective date of contract award through the end of the total contract ordering period

I.47 52.216-19

Full Text Below

Order Limitations (Oct 1995) (a) $500,000

(b)(1) $6.4B

(b)(2) $6.4B

(b)(3) 365

(d) 5

I.48 52.216-22 Full Text Below

Indefinite Quantity (Oct 1995) (d) five years beyond the expiration date of the contract ordering period

I.49 52.217-8 Option to Extend Services (Nov 1999) any time prior to the expiration of the Task

Order, as applicable

I.50 52.217-9 Full Text Below

Option to Extend the Term of the Contract (Mar 2000) (Applies to Task Orders with an option(s) only)

(a) TBD on Task Order level; TBD on Task Order level

(c) TBD on Task Order level

I.51 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014)

(c) [Contractor Fill-In after award if applicable]

I.52 52.219-8 Utilization of Small Business Concerns (Oct 2018)

I.53 52.219-9 Small Business Subcontracting Plan (Aug 2018) – Alt II (Nov 2016)

I.54 52.219-16 Liquidated Damages – Subcontracting Plan (Jan 1999

I.55 52.219-28 Post-Award Small Business Program Re-representation (Jul 2013) (g) [Offeror Fill-In]

I.56 52.222-1 Notice to the Government of Labor Disputes (Feb 1997)

I.57 52.222-2 Payment for Overtime Premiums (Jul 1990) (Applies to non-CPIF CR Task Orders only)

(a) zero

I.58 52.222-3 Convict Labor (Jun 2003)

I.59 52.222-4 Contract Work Hours and Safety Standards—Overtime

Compensation (May 2018)

I.60 52.222-6 Construction Wage Rate Requirements (Aug 2018) (Applies to construction work only)

I.61 52.222-7 Withholding of Funds (May 2014) (Applies to construction work only)

I.62 52.222-8 Payrolls and Basic Records (Aug 2018) (Applies to construction work only)

I.63 52.222-9 Apprentices and Trainees (Jul 2005) (Applies to construction work

I.64 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) (Applies to

I.65 52.222-11 Subcontracts (Labor Standards) (May 2014) (Applies to construction

I-5

No.

FAR/DEAR

Reference Title

Fill-In Information;

See FAR 52.104(d)

I.66 52.222-12 Contract Termination—Debarment (May 2014) (Applies to

I.67 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) (Applies to construction work only)

I.68 52.222-14 Disputes Concerning Labor Standards (Feb 1988) (Applies to

I.69 52.222-15 Certification of Eligibility (May 2014) (Applies to construction work

I.70 52.222-16 Approval of Wage Rates (May 2014) (Applies to construction work

I.71 52.222-17 Nondisplacement of Qualified Workers (May 2014)

I.72 52.222-19 Child Labor – Cooperation with Authorities and Remedies (Oct 2019)

I.73 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014)

I.74 52.222-21 Prohibition of Segregated Facilities (Apr 2015)

I.75 52.222-26 Equal Opportunity (Sep 2016)

I.76 52.222-27 Affirmative Action Compliance Requirements for Construction

(Apr 2015) (Applies to construction work only)

I.77 52.222-30 Construction Wage Rate Requirements—Price Adjustment (None or Separately Specified Method) (Aug 2018) (Applies to

I.78 52.222-31 Construction Wage RateRate Requirements – Price Adjustment

(Percentage Method) (Aug 2018) (Applies to FFP Task Orders only) (Applies to construction work only)

(b)(1) TBD on Task

Order level

(b)(2) TBD on Task

Order level

I.79 52.222-34 Project Labor Agreement (May 2010) (Applies to construction or D&D work only)

I.80 52.222-35 Full Text

Below

Equal Opportunity for Veterans (Oct 2015)

I.81 52.222-36 Full Text Below

Equal Opportunity for Workers With Disabilities (Jul 2014)

I.82 52.222-37 Employment Reports on Veterans (Feb 2016)

I.83 52.222-40 Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010)

I.84 52.222-41 Service Contract Labor Standards (Aug 2018)

I.85 52.222-42 Full Text

Below

Statement of Equivalent Rates for Federal Hires (May 2014) See full text below

I.86 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (Multiple Year And Option Contracts) (Aug 2018)

I.87 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (May 2014)

I.88 52.222-50 Combating Trafficking in Persons (Jan 2019)

I.89 52.222-54 Employment Eligibility Verification (Oct 2015)

I.90 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015)

I.91 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017)

I-6

No.

FAR/DEAR

Reference Title

Fill-In Information;

See FAR 52.104(d)

I.92 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013)

I.93 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997) – Alt I (Jul 1995)

(b) [Offeror Fill-In]

I.94 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

I.95 52.223-6 Drug-Free Workplace (May 2001)

I.96 52.223-9

Full Text Below

Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008)

(b)(2) the Contracting

Officer

I.97 52.223-10 Waste Reduction Program (May 2011)

I.98 52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016)

I.99 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016)

I.100 52.223-13 Acquisition of EPEAT® – Registered Imaging Equipment (Jun 2014)

I.101 52.223-14 Acquisition of EPEAT® – Registered Televisions (Jun 2014)

I.102 52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

I.103 52.223-16 Acquisition of EPEAT®-Registered Personal Computer Products

(Oct 2015)

I.104 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (Aug 2018)

I.105 52.223-18 Encouraging Contractors Policies to Ban Text Messaging While Driving (Aug 2011)

I.106 52.223-19 Compliance with Environmental Management Systems (May 2011)

I.107 52.223-20 Aerosols (Jun 2016)

I.108 52.223-21 Foams (Jun 2016)

I.109 52.224-1 Privacy Act Notification (Apr 1984)

I.110 52.224-2 Privacy Act (Apr 1984)

I.111 52.224-3 Privacy Act Training (Jan 2017)

I.112 52.225-1 Buy American – Supplies (May 2014)

I.113 52.225-8 Duty-Free Entry (Oct 2010)

I.114 52.225-9

Full Text Below

Buy American – Construction Materials (May 2014) (b)(2) None

I.115 52.225-11

Full Text Below

Buy American – Construction Materials Under Trade Agreements

(DOE DEVIATION) (Feb 2008)

(b)(3) None

I.116 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008)

I.117 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises (Jun 2000)

I.118 52.227-1 Authorization and Consent (Dec 2007)

I.119 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

(Dec 2007)

I.120 52.227-3 Patent Indemnity (Apr 1984)

I.121 52.227-4 Patent Indemnity—Construction Contracts (Dec 2007)

I.122 52.227-9 Refund of Royalties (Apr 1984)

I.123 52.227-14 Rights in Data – General (May 2014) – Alt V (Dec 2007) (as modified by DEAR 927.409)

I.124 52.227-16 Additional Data Requirements (Jun 1987)

I-7

No.

FAR/DEAR

Reference Title

Fill-In Information;

See FAR 52.104(d)

I.125 52.227-23 Rights to Proposal Data (Technical) (Jun 1987) [Offeror Fill-In]

I.126 52.228-5 Insurance – Work On A Government Installation (Jan 1997) (Applies to FFP Task Orders only)

I.127 52.229-3 Federal, State, and Local Taxes (Feb 2013)

I.128 52.230-2 Cost Accounting Standards (Oct 2015) Class DEVIATION CAAC Letter 2018-03 – May 3, 2018 (Issued by DOE Policy Flash 2018-

30)] (DEVIATION) [

I.129 52.230-6 Administration of Cost Accounting Standards (Jun 2010)

I.130 52.232-1 Payments (Apr 1984)

I.131 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014)

I.132 52.232-8 Discounts for Prompt Payment (Feb 2002)

I.133 52.232-9 Limitation on Withholding of Payments (Apr 1984)

I.134 52.232-11 Extras (Apr 1984)

I.135 52.232-17 Interest (May 2014)

I.136 52.232-18 Availability of Funds (Apr 1984)

I.137 52.232-22 Limitation of Funds (Apr 1984)

I.138 52.232-23 Assignment of Claims (May 2014)

I.139 52.232-25 Prompt Payment (Jan 2017) – Alt I (Feb 2002) (Alternate I applies to CR Task Orders only)

I.140 52.232-27 Prompt Payment for Construction Contracts (Jan 2017) (Applies to

I.141 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (Oct 2018)

I.142 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

I.143 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

I.144 52.233-1 Disputes (May 2014) – Alt I (Dec 1991)

I.145 52.233-3 Protest after Award (Aug 1996) – Alt I (Jun 1985)

I.146 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

I.147 52.236-1 Performance of Work by the Contractor (Apr 1984) (Applies to FFP construction work only)

TBD on Task Order level

I.148 52.236-2 Differing Site Conditions (Apr 1984) (Applies to FFP construction or

I.149 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) (Applies to FFP construction or D&D work only)

I.150 52.236-5 Material and Workmanship (Apr 1984) (Applies to construction

I.151 52.236-6 Superintendence by the Contractor (Apr 1984) (Applies to FFP construction or D&D work only)

I.152 52.236-7 Permits and Responsibilities (Nov 1991) (Applies to construction or

I.153 52.236-8 Other Contracts (Apr 1984) (Applies to FFP construction or D&D

I.154 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) (Applies to FFP construction or D&D

I.155 52.236-10 Operations and Storage Areas (Apr 1984) (Applies to FFP

I.156 52.236-11 Use and Possession Prior to Completion (Apr 1984) (Applies to FFP

I-8

No.

FAR/DEAR

Reference Title

Fill-In Information;

See FAR 52.104(d)

I.157 52.236-12 Cleaning Up (Apr 1984) (Applies to FFP construction or D&D work

I.158 52.236-13 Accident Prevention (NovNov 1991) – Alt I (Nov 1991) (Applies to FFP construction or D&D work only)

I.159 52.236-14 Availability and Use of Utility Services (Apr 1984) (Applies to FFP

I.160 52.236-15 Schedules for Construction Contracts (Apr 1984) (Applies to FFP

I.161 52.236-18 Work Oversight in Cost-Reimbursement Construction Contracts

(Apr 1984) (Applies to CR construction work only)

I.162 52.236-19 Organization and Direction of the Work (Apr 1984) (Applies to CR

I.163 52.236-21 Specifications and Drawings for Construction (Feb 1997) - Alt I (Apr 1984) or Alt II (Apr 1984), as appropriate (Applies to FFP construction or D&D work only)

Alt II (g) “TBD”

I.164 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

I.165 52.237-3 Continuity of Services (Jan 1991)

I.166 52.239-1 Privacy or Security Safeguards (Aug 1996)

I.167 52.242-1 Notice of Intent to Disallow Costs (Apr 1984)

I.168 52.242-3 Penalties for Unallowable Costs (May 2014)

I.169 52.242-4 Certification of Final Indirect Costs (Jan 1997)

I.170 52.242-5 Payments to Small Business Subcontractors (Jan 2017)

I.171 52.242-13 Bankruptcy (Jul 1995)

I.172 52.243-1 Changes – Fixed Price (Aug 1987) – Alt II (Apr 1984)

I.173 52.243-2 Changes – Cost-Reimbursement (Aug 1987) – Alt I (Apr 1984), Alt II (Apr 1984), Alt III (Apr 1984)

I.174 52.243-4 Changes (Jun 2007)

I.175 52.243-6 Change Order Accounting (Apr 1984)

I.176 52.243-7 Notification of Changes (Jan 2017)

I.177 52.244-2 Subcontracts (Oct 2010) – Alt I (Jun 2007) (d) The DOE

Contracting Officer will issue within 30 days from the effective date of the ICP Essential

Missions Task Order a letter to the Contractor setting thresholds for consent to subcontract for all subcontract types; (j) [Contracting Officer Fill-In at Award]

I.178 52.244-5 Competition in Subcontracting (Dec 1996)

I.179 52.244-6 Subcontracts for Commercial Items (Aug 2019)

I.180 52.245-1 Government Property (Jan 2017)

I.181 52.245-9 Use and Charges (Apr 2012)

I.182 52.246-25 Limitation of Liability—Services (Feb 1997)

I-9

No.

FAR/DEAR

Reference Title

Fill-In Information;

See FAR 52.104(d)

I.183 52.247-1 Commercial Bill of Lading Notations (Feb 2006)

(a) Department of Energy

(b) Department of

Energy Contract No.

[Contracting Officer

Fill-In at Award]; the Contract Administration Office specified in Section G

I.184 52.247-63 Preference for U.S.-Flag Air Carriers (June 2003)

I.185 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

I.186 52.247-67 Full Text

Below

Submission of Transportation Documents for Audit (Feb 2006)

I.187 52.247-68 Report of Shipment (REPSHIP) (Feb 2006)

I.188 52.248-1 Value Engineering (Oct 2010) (m) Contract number will be inserted at time of award

I.189 52.248-3 Value Engineering—Construction (Oct 2015) (Applies to construction work only)

(h)(i) Contract number will be inserted at time of award.

I.190 52.249-2 Termination for the Convenience of the Government (Fixed-Price) (Apr 2012) (Applies to FFP Task Orders only)

I.191 52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements) (Apr 2012) (Applies to

FFP D&D Task Orders only)

I.192 52.249-6 Termination (Cost-Reimbursement) (May 2004) – Alt I (Sep 1996) (Applies to CR Task Orders for construction only)

I.193 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) (Applies to

FFP Task Orders only)

I.194 52.249-10 Default (Fixed-Price Construction) (Apr 1984) – Alt I (Apr 1984) (Alt I applies to FFP construction or D&D Task Orders only)

I.195 52.249-14 Excusable Delays (Apr 1984) (Applies to CR Task Orders only)

I.196 52.251-1 Government Supply Sources (Apr 2012)

I.197 52.251-2 Interagency Fleet Management System Vehicles and Related Services (Jan 1991)

I.198 52.253-1 Computer Generated Forms (Jan 1991)

I.199 952.202-1 Definitions (Feb 2011)

I.200 952.203-70 Whistleblower Protection for Contractor Employees (Dec 2000)

I.201 952.204-2 Security Requirements (Aug 2016)

I.202 952.204-70 Classification/Declassification (Sep 1997)

I.203 952.204-75 Public Affairs (Dec 2000)

I.204 952.204-77 Computer Security (Aug 2006)

I.205 952.208-7 Tagging of Leased Vehicles (Apr 1984)

I.206 952.208-70 Printing (Apr 1984)

I.207 952.209-72 Organizational Conflicts of Interest (Aug 2009) – Alt I (Feb 2011) (b)(1)(i) zero (0)

I.208 952.215-70 Key Personnel (Dec 2000)

I.209 952.216-7 Allowable Cost and Payment (Feb 2011)

I-10

No.

FAR/DEAR

Reference Title

Fill-In Information;

See FAR 52.104(d)

I.210 952.217-70 Acquisition of Real Property (Mar 2011)

I.211 952.223-72 Radiation Protection and Nuclear Criticality (Apr 1984)

I.212 952.223-75

Preservation of Individual Occupational Radiation Exposure Records (Apr 1984)

I.213 952.223-78 Sustainable Acquisition Program (Oct 2010) – Alt I (Oct 2010) (Alt I applies to Task Orders for construction only)

I.214 952.225-70 Subcontracting for Nuclear Hot Cell Services (Mar 1993)

I.215 952.225-71 Compliance with Export Control Laws and Regulations (Nov 2015)

I.216 952.226-74 Displaced Employee Hiring Preference (Jun 1997)

I.217 952.231-71 Insurance-Litigation and Claims (Jul 2013)

I.218 952.242-70 Technical Direction (Dec 2000)

I.219 952.245-5

Government Property (Cost-Reimbursement, Time-and-Material, or

Labor-Hour Contracts) (Dec 2012)

I.220 952.247-70 Foreign Travel (Jun 2010)

I.221 952.250-70 Nuclear Hazards Indemnity Agreement (Aug 2016)

I.222 952.251-70 Contractor Employee Travel Discounts (Aug 2009)

I.223 970.5204-1 Counterintelligence (Dec 2010)

I.224 970.5204-3 Full Text

Below

Access To and Ownership of Records (Oct 2014) (DEVIATION)

I.225 970.5215-3 Conditional Payment of Fee, Profit, and Other Incentives – Facility Management Contracts (Aug 2009) – Alt II (Aug 2009)

I.226 970.5217-1 Strategic Partnership Project Program (Non-DOE Funded Work ) (Apr 2015)

I.227 970.5223-1

Integration of Environment, Safety, and Health into Work Planning

(Dec 2000)

I.228 970.5226-2 Workforce Restructuring Under Section 3161 of the National Defense Authorization Act for Fiscal Year 1993 (Dec 2000)

I.229 970.5227-1 Rights in Data – Facilities (Dec 2000) [Contracting Officer Fill-In at Award]

Acronyms:

CPIF = cost plus incentive fee CR = cost reimbursement

D&D = decontamination and decommissioning DEAR = U.S.Department of Energy Acquisition Regulation

DOE = U.S. Department of Energy EPA = U.S. Environmental Protection Agency

FAR = Federal Acquisition Regulation FFP = firm fixed price

HUBZone = Historically Underutilized Business Zone PRB = post-retirement benefit TBD = to be determined

This contract incorporates one or more clauses, by reference, as indicated in the matrix above.

Any clauses that are included in full text are listed below and include the same Section I identifier in parentheses as was used above.

(I.20) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems

(Jun 2016)

(a) Definitions. As used in this clause–

I-11

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the

Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information

(44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement sub-networks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

I-12

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(I.45) FAR 52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from effective date of contract award through the end of the total contract ordering period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(I.46) FAR 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500,000.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $6.4B;

(2) Any order for a combination of items in excess of $6.4B; or

(3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the

Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering https://www.acquisition.gov/sites/default/files/current/far/html/52_216.html#wp1115057

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(or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(I.47) FAR 52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the

Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the

“maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract five years beyond the expiration date of the contract ordering period.

(I.49) FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (Applies to

Task Orders with an option(s) only)

(a) The Government may extend the term of this contract by written notice to the Contractor within TBD on Task Order level; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least TBD on Task Order level days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed TBD on Task Order level (months) (years).

(I.79) FAR 52.222-35 Equal Opportunity for Veterans (Oct 2015)

(a) Definitions. As used in this clause—

(b) “Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at FAR 22.1301.

(c) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

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(d) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(I.80) FAR 52.222-36 Equal Opportunity for Workers With Disabilities (Jul 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of

Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(I.84) FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of

Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only: It is not a Wage Determination (Please refer to Section J, Attachment J-6 for Wage Determinations applicable to this Contract)

Table I-2. Classes of Service, Wage, and Fringe Benefits Classifications Grade Equivalent Pay

[TBD] [TBD] [TBD]

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(I.94) FAR 52.223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Products (May 2008)

(a) Definitions. As used in this clause—

“Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.

Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall:

(1) Estimate the percentage of the total recovered material content for EPA designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to the Contracting Officer.

(I.112) FAR 52.225-9 Buy American – Construction Materials (May 2014)

(a) Definitions. As used in this clause:

“Commercially available off-the-shelf (COTS) item”

(1) Means any item of supply (including construction material) that is:

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the

Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/

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“Cost of components” means:

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means:

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if:

(i) The cost of its components mined, produced, or manufactured in the United States exceeds

50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which non-availability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the

Buy American statute is waived for construction material that is a COTS item.

(See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

None

(3) The Contracting Officer may add other foreign construction material to the list in paragraph

(b)(2) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

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(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1) (i) Any Contractor request to use foreign construction material in accordance with paragraph

(b)(3) of this clause shall include adequate information for Government evaluation of the request, including:

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iv) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(v) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the

Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

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Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Price (Dollars)

Item 1

Foreign construction material

Domestic construction material _______ _______ _______

Item 2

Foreign construction material _______ _______ _______

Domestic construction material

(I.113) FAR 52.225-11 Buy American-Construction Materials Under Trade Agreements

(DOE DEVIATION) (Feb 2008))

(a) Definitions. As used in this clause-

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the

Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means-

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Designated country” means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, or United

Kingdom);

(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Dominican Republic, El

Salvador, Guatemala, Honduras, Mexico, Morocco, Nicaragua, or Singapore); or

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(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Cape Verde, Central African Republic, Chad, Comoros, Democratic

Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia).

“Designated country construction material” means a construction material that is a WTO GPA country construction material, an FTA country construction material, or a least developed country construction material.

“Domestic construction material” means-

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.

“Foreign construction material” means a construction material other than a domestic construction material.

“Free Trade Agreement country construction material” means a construction material that-

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

“Least developed country construction material” means a construction material that-

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

“United States” means the 50 States, the District of Columbia, and outlying areas.

“WTO GPA country construction material” means a construction material that-

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In addition, the Contracting Officer has determined that the WTO

GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American

Act restrictions are waived for designated country construction materials.

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(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials or components listed by the Government as follows:

None

(4) The Contracting Officer may add other foreign construction material to the list in paragraph

(b)(3) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

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(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the

Contracting…