ICP_Section L_FRFP_Am.1.pdf

IDAHO CLEANUP PROJECT (ICP) – FINAL RFP SECTION L

SOLICITATION NO. 89303319REM000034, AMENDMENT 0001

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IV – Representations and Instructions

Section L

Instructions, Conditions, and Notices to Offerors

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L.1 – FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

L.2 – FAR 52.252-5 Authorized Deviations in Provisions (Apr 1984)

L.3 – DEAR 952.219-70 DOE Mentor-Protégé Program (May 2000) (DEVIATION)

L.4 – FAR 52.216-1 Type of Contract (Apr 1984)

L.5 – DOE-L-2017 Expenses Related to Offeror Submissions (Oct 2015)

L.6 – DOE-L-2022 Alternate Bid/Proposal Information – None (Oct 2015)

L.7 – DOE-L-2024 Notice of Intent – Use of Non-Federal Evaluators and Advisors

(Oct 2015)

L.8 – DOE-L-2025 Intention to Bid/Propose (Oct 2015)

L.9 – Offer Acceptance Period

L.10 – DOE-L-2001 Proposal Preparation Instructions – General (Oct 2015) Alternate I and

Alternate II (Oct 2015) (Revised)

L.11 – DOE-L-2002 Proposal Preparation Instructions, Volume I – Offer and Other

Documents – Alternate II, Alternate III, Alternate IV, Alternate V, and Alternate VI

(Oct. 2015)

L.12 – DEAR 952.204-73 Facility Clearance (Aug 2016)

L.13 – DOE-L-2003 Proposal Preparation Instructions, Volume II – Technical and

Management Proposal – General (Oct 2015) (Revised)

L.14 – Proposal Preparation Instructions, Volume II – Key Personnel

L.15 – DOE-L-2010 Proposal Preparation Instructions, Volume II – Past Performance

(Oct 2015) (Revised)

L.16 – Proposal Preparation Instructions, Volume II –Management Approach

L.17 – Proposal Preparation Instructions, Volume III – Cost and Fee Proposal

L.18 – DOE-L-2014 Date, Time, and Place Offers are Due (Oct 2015)

L.19 – DOE-L-2016 Number of Awards (Oct 2015)

L.20 – DOE Contacts Regarding Future Employment

L.21 – DOE-L-2020 Small Business Set-Aside Information (Unrestricted)

L.22 – DOE-L-2026 Service of Protest (Oct 2015)

L.23 – DOE-L-2027 Notice of Protest File Availability (Oct 2015)

L.24 – DOE-L-2028 Agency Protest Review (Oct 2015)

L.25 – FAR 52.225-10 Notice of Buy American Requirement – Construction Materials

(May 2014)

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L.26 – FAR 52.225-12 Notice of Buy American Requirement – Construction Materials

Under Trade Agreements (DOE DEVIATION) (Feb 2008)

L.27 – List of Section L Attachments

Attachment L-1, Performance Guarantee Agreement

Attachment L-2, Key Personnel Standard Resume Format

Attachment L-3, Past Performance Reference Information Form

Attachment L-4, Past Performance Cover Letter and Questionnaire

Attachment L-5, List of Contracts Terminated for Default

Attachment L-6, Cost and Fee/Profit Elements Workbook

Attachment L-7, Contract Transition Task Order

Attachment L-8, Offeror’s Proposed Accounting System Information

Attachment L-9, List of DOE Contracts

SOLICITATION NO. 89303319REM000034, AMENDMENT 000001

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L.1 FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one (1) 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 (CO) 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 Title

Fill-In Information;

See FAR 52.104(d)

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

(Jan 2017)

FAR 52.215-16 Facilities Capital Cost of Money (Jun 2003)

FAR 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost of Pricing Data

(Oct 2010) – Alt III (Oct 1997) and Alt IV

(Oct 2010)

Alt III, (c) As specified in

Section L

Alt IV, (b) As specified in

Section L

FAR 52.215-22 Limitations on Pass-Through Charges Identification of Subcontract Effort (Oct 2009)

FAR 52.222-5 Construction Wage Rate Requirements –

Secondary Site of the Work (May 2014)

FAR 52.222-23 Notice of Requirement for Affirmative Action to

Ensure Equal Employment Opportunity for

Construction (Feb 1999)

(b) Minority Goal: TBD;

Female Goal: TBD

(e) TBD

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

Evaluation (Feb 1999)

FAR 52.222-46 Evaluation of Compensation for Professional

Employees (Feb 1993) (Note: The requirement for a Total Compensation Plan is considered to be otherwise satisfied based on compliance with the proposal preparation instructions in this Section.)

FAR 52.237-1 Site Visit (Apr. 1984)

FAR 52.250-2 SAFETY Act Coverage Not Applicable (Feb 2009)

DEAR 952.227-84 Notice of Right to Request Patent Waiver (Feb

1988)

DEAR 952.233-4 Notice of Protest File Availability (Aug 2009)

DEAR 952.233-5 Agency Protest Review (Sep 1996) 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

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L.2 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.3 DEAR 952.219-70 DOE Mentor-Protégé Program (May 2000) (DEVIATION)

The Department of Energy has established a Mentor-Protege Program to encourage its prime contractors to assist small business concerns, Historically Black Colleges and Universities and Minority Institutions, 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 Protege 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.4 FAR 52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of an Indefinite-Delivery/Indefinite-Quantity (IDIQ) contract, under which Fixed-Price (FP) and/or Cost Reimbursement (CR) Task Orders may be issued, resulting from this solicitation.

L.5 DOE-L-2017 Expenses Related to Offeror Submissions (Oct 2015)

This solicitation does not commit the Government to pay any costs incurred in the submission of any proposal or bid, or in making necessary studies or designs for the preparation thereof or for acquiring or contracting for any services relating thereto.

L.6 DOE-L-2022 Alternate Bid/Proposal Information – None (Oct 2015)

Alternate bid/proposals are not solicited, are not desired, and will not be evaluated.

L.7 DOE-L-2024 Notice of Intent – Use of Non-Federal Evaluators and Advisors (Oct 2015)

The Government may utilize non-federal evaluators and/or advisors or other non-federal support personnel for evaluating proposals received in response to this solicitation. Such personnel shall be required to sign nondisclosure agreements and to comply with personal and organizational conflicts of interest requirements in accordance with the FAR and DEAR 915.207-70(f)(5) and (6). Under the statutes governing procurement integrity, these non-federal personnel may not disclose any information learned by participating in this acquisition. See the Procurement Integrity Act, 41 U.S.C. §§ 2101-2107.

L.8 DOE-L-2025 Intention to Bid/Propose (Oct 2015)

In order to facilitate the efficiency of the Government’s solicitation and award process through advance information on the anticipated number of Offerors, potential Offerors are requested to submit the name, address, and telephone number of its firm or organization and any subcontractors to

ICP@emcbc.doe.gov not later than 20 calendar days prior to the proposal due date. If the bid/proposal is

L-6 to be submitted by a teaming arrangement, the Offeror is requested to submit the above information for all members of the proposing team.

L.9 Offer Acceptance Period

The Offeror’s proposal shall be valid for 270 calendar days after the required due date for proposals.

L.10 DOE-L-2001 Proposal Preparation Instructions – General (Oct 2015) Alternate I and

Alternate II (Oct 2015) (Revised)

(a) Definitions.

(1) Offeror. The term “Offeror,” as used in this Section L, refers to the single entity submitting the proposal. The Offeror may be a single corporation or a “Contractor team arrangement” as defined in FAR 9.601(1), for example, a Limited Liability Company (LLC), Limited Liability

Partnership (LLP), Joint Venture (JV), or similar entity or arrangement. The Offeror may be an existing or newly formed business entity. The term “newly formed entity” refers to any business entity (e.g JV, LLP, LLC, or similar entity or arrangement) formed solely for the purpose of submitting a proposal for this procurement. Such an entity may not have a record of its own past performance due to the fact that it may have been formed recently by affiliated entities for the purpose of submitting a proposal for this procurement. If the Offeror is a newly formed entity, it must be legally established on or before the date for submission of proposals. (See Volume I instructions regarding any requirement for a performance guarantee agreement.)

(2) Teaming Subcontractor. A “Teaming Subcontractor” is any subcontractor that will perform work that is incorporated into the Offeror’s Technical and Management Proposal and that the prime

Offeror considers necessary to enhance its team’s Technical and Management Proposal or ability to meet delivery requirements within the Master IDIQ PWS. Teaming Subcontractors count toward fulfillment of the Section H Clause entitled, Subcontracted Work, requirement and other small business goals in this Contract.

(b) Availability of the solicitation, amendments, and other documents-electronic media.

(1) In order to further the Government policy of maximizing electronic commerce and making the acquisition process optimally cost-effective, electronic media will be used for distributing the solicitation, amendments thereto, and other documents to the public. These documents will be posted via the FedConnect website at https://www.fedconnect.net. This electronic medium will constitute the official distribution method for this solicitation. All amendments and any other official communications from DOE regarding this solicitation will be posted through this medium. Offerors and all other interested parties are responsible to maintain continual surveillance of the website to remain abreast of the latest available information (Offerors and other interested parties are encouraged to utilize the website’s “Notifications” feature). No changes to this solicitation will be effective unless the changes are incorporated into the solicitation by an amendment. No other communication, whether oral or in writing, will modify or supersede the terms of the solicitation.

(2) The solicitation, amendments, reference documents, and other communications are also available through the Environmental Management Consolidated Business Center (EMCBC) procurement website at https://www.emcbc.doe.gov/SEB/icp/. Sensitive information, such as Official Use

Only (OUO) information, will require the Offeror to complete and return a nondisclosure agreement as instructed on the procurement website.

(c) Submission of proposals.

https://www.emcbc.doe.gov/SEB/icp/

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(1) The Offeror must be registered in FedConnect at https://www.fedconnect.net. The Offeror must also be registered in the System for Award Management at https://www.sam.gov.

(2) Offerors must submit proposals electronically through FedConnect by the date and time specified in Standard Form 33, Solicitation, Offer and Award, in Section A of this solicitation and other provisions of Section L. It is imperative that the Offeror read and understand how to submit its proposal using the FedConnect web portal. All proposal documents required by this solicitation must be uploaded and received in their entirety in the FedConnect Responses web portal no later than the date and time specified in Standard Form 33, Solicitation, Offer and Award, in Section A of this solicitation. Failure to submit a response that is received through the FedConnect Responses web portal by the stated time and date may result in the proposal not being considered.

By submitting a proposal, the Offeror agrees to comply with all terms and conditions as set forth in this solicitation. DOE does not provide help desk assistance regarding FedConnect, and questions regarding FedConnect shall be addressed directly to FedConnect in accordance with instructions found on its website. Subcontractor submissions of proprietary information may provide a password protected document file to the prime and share the password with the CO.

The subcontractor proposal must adhere to the proposal due date/time in the solicitation and be submitted by the prime Offeror via FedConnect.

(3) Electronic submission of a proposal via FedConnect shall be required; however, the original, signed, hard copy submission of the proposal to the EMCBC shall be considered the Offeror’s official offer and will be considered binding.

(4) In addition to the electronic submission of the Offeror’s proposal via FedConnect, the Offeror shall submit the required number of paper and USB flash drive copies of each proposal volume as indicated below. The content in the paper and electronic copies shall be identical. The only exceptions are:

(i) Financial statements and annual reports, which shall be included in the electronic submission, USB flash drive copies, and the signed original only, but are not required to be included in the additional paper copies.

(ii) The Offeror’s’Estimating Flat File’ shall only be included in the electronic submission and

USB flash drive copies. No paper (original or copy) submittal is required. The electronic version of the ‘Estimating Flat File’submitted through FedConnect, will constitute part of the binding offer.

The paper copies shall be delivered and received no later than the proposal due date, as follows:

MAIL TO (see table below for number of hard and electronic copies):

U S. Department of Energy

Attention: Lori Sehlhorst, Contracting Officer

EM Consolidated Business Center

550 Main Street, Room 7-010 Cincinnati, OH 45202

E-mail: lori.sehlhorst@emcbc.doe.gov

Phone: (513) 744-0989

U S. Department of Energy

Attention: Maria Mitchell-Williams, Contracting Officer

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Office of Environmental Management, Idaho Operations Office 1955 Fremont Avenue

Idaho Falls, ID 83415-1240

E-mail: mitchemm@id.doe.gov Phone: (208) 526-8600

Shipping materials shall be marked as follows: TO BE OPENED BY ADDRESSEE ONLY.

RFP No. 89303319REM000034

Note: Offerors delivering proposals via hand-carry or Express Mail to the above address should arrange for delivery between the hours of 9:00am – 3:00pm (Eastern Time) and contact the

Contracting Officer in advance to advise of the anticipated delivery date and time.

In addition, Offerors shall provide USB flash drives that are clearly labeled with the Offeror’s name, Request for Proposal (RFP) number, volume number, and copy number. The proposals provided via

USB flash drive copies are provided for Source Evaluation Board evaluation convenience only. In the event of a conflict, the hard copy material takes precedence over the electronic submission.

The original proposal shall contain signed originals of all documents requiring signatures by the

Offeror. Use of reproductions of signed originals is authorized in all other copies of the proposal. The original, signed, hard copy submission of the proposal shall be considered the Offeror’s official offer and will be considered binding.

Proposal Volume – Title

Number of Hard

Copy Proposals

Required

(EMCBC)

Number of Hard

Copy Proposals

Required

(Idaho)

Number of USB

Flash Drives

Required

(EMCBC)

Number of USB

Flash Drives

Required

(Idaho)

Volume I – Offer and Other Documents 1 signed original and 2 copies

2 copies 2 copies 1 copy

Volume II – Technical and Management

Proposal

1 signed original and 2 copies 5 copies 2 copies 1 copy

Volume III – Cost and Fee Proposal 1 signed original and 2 copies 5 copies 2 copies 1 copy

(d) Solicitation instructions and proposal information.

(1) Proposals are expected to conform to all solicitation requirements and the instructions contained in this Section L. The Government will evaluate proposals on the basis of the information provided in the proposal. The Government will not assume that an Offeror possesses any capability unless set forth in the proposal. This applies even if the Offeror has existing contracts with the Federal Government, including DOE.

(2) These instructions are not evaluation factors. Evaluation factors are set out in Section M, Evaluation Factors for Award, of this solicitation. However, failure to provide the requested information may make an Offeror ineligible for award or adversely affect the Government’s evaluation of an Offeror’s proposal. In addition, a proposal will be eliminated from further consideration before the initial rating if the proposal is deficient as to be totally unacceptable on its face. A proposal will be deemed unacceptable if it does not represent a reasonable initial effort to address itself to the material requirements of the solicitation, or if it does not substantially and materially comply with the proposal preparation instructions of this solicitation.

Cursory responses or responses which merely repeat or reformulate the solicitation will not be mailto:Contracting

L-9 considered responsive to the requirements of the solicitation. In the event that a proposal is rejected, a notice will be sent to the Offeror stating the reason(s) that the proposal will not be considered for further evaluation under this solicitation.

(e) Proposal volumes and page limitations.

(1) The overall proposal shall consist of separate volumes, organized and individually entitled as stated below, with the following page limitations:

(i) Volume I, Offer and Other Documents - No page limit.

(ii) Volume II, Technical and Management Proposal - See page limitations identified in each factor.

(iii) Volume III, Cost and Fee Proposal - No page limit.

(2) All attachments, annexes, and appendices shall be counted toward any page limitation set forth below, unless otherwise stated. The following do not count toward the page limitations: table of contents, title pages, glossary, divider tabs, blank pages, and the cross reference matrix. Those pages that exceed the limits set forth in each factor below will not be considered in the evaluation; page counting will begin with the first page of each volume and continue up to the page limitation. No material may be incorporated by reference as a means to circumvent the page limitations.

(3) Except as may be provided elsewhere in the solicitation, Offerors shall not cross reference to other volumes of the proposal and shall provide complete information within the appropriate volume. All cost and pricing information shall be submitted and addressed only in Volume III, Cost and Fee Proposal, unless otherwise specified.

(f) Proposal specifications.

(1) Table of contents. Each volume shall contain a table of contents and a glossary of abbreviations and acronyms. The table of contents in each volume shall identify the section, subsection, paragraph titles, and page numbers, as well as all spreadsheets, charts, tables, figures, diagrams, design drawings, and graphs.

(2) Page size. Page size shall be 8½ × 11 inches for text pages, excluding foldouts. When 8½ × 11 inch pages contain text on both front and back, this is considered two pages. Page size for foldouts shall not exceed 11 × 17 inches; foldouts may be used for large tables, charts, graphs, diagrams, design drawings, or other schematics. Foldout pages shall fold entirely within the volume in which it appears. Tables of contents, lists of figures, dividers, tabs, or similar inserts that do not provide any substantive information are not counted as a page. Use of 11 × 17 binders for the Volume III, Cost and Fee Proposal, is permitted.

(3) Print type. Paragraph text shall be 12 point or larger, single spaced, using Times New Roman font, including paragraph text in the Section L attachments. Paragraph headings and section titles may use Arial or Times New Roman font 12 point or larger. Headers and footers, spreadsheets, charts, tables, diagrams or design drawings, and graphs must be 9 point or larger using Times

New Roman or Arial font. Bold and italics are acceptable, and narrow is not acceptable.

(4) Page margins. Page margins for text pages and 11 × 17 shall be a minimum of one inch at the top, bottom, and each side. Tabloid pages (11 × 17’s) may only be used for graphics, spreadsheets, and large tables. Paragraphs of text and section heading are not allowed on 11 ×

17’s. Each 11 × 17 page shall count as one page. Each page shall, within the one inch top or bottom margins, set forth the solicitation number; name of the Offeror; and, as applicable, the

L-10 legend in accordance with paragraph (e)(2), Restriction on disclosure and use of data, of the provision at FAR 52.215-1, Instructions to Offerors-Competitive Acquisition. The page margins may also include page numbers. This is the only information that can be displayed within the margins. Two columns of text per page on portrait pages and 3 columns of text per page on landscape pages are acceptable.

(5) Page numbering. All pages shall be sequentially numbered by volume and by individual sections within each volume.

(6) File format. Files submitted shall be readable and searchable using Microsoft® Word®, Excel®, or

Adobe® portable document format file (PDF) (must be in a searchable format, not scanned) except the following specific Volume III files:

(a) Electronic copies of financial statements and Annual Reports shall be submitted in PDF

(portable document format files are required).

(b) Any proprietary software utilized in preparation of proposal information shall be provided along with licenses required to allow operation of the proprietary software. Any files provided in accordance with this section shall be in the native format.

(c) Cost and Fee Proposal tables shall be organized and submitted in native file format.

The files shall not be password protected or contain other security restraints unless access information is provided.

(7) Binding and labeling of hard copies. Each volume shall be separately bound in three-ringed loose-leaf binders. Cost proposals may be submitted in three-ringed binders of any size up to

11 × 17. Staples shall not be used. The outside front cover of each binder shall indicate the

Contractor’s name, the RFP number, the title of the RFP, and the copy number (i.e., sequentially number the required copies with the original being copy no. 1). The same identifying data shall be placed on the spine of each binder to facilitate identification and accountability when placed in a vertical position.

(8) Excel printed paper formatting. As part of the Offeror’s proposal submission, the Offeror shall provide Section L Excel® Attachments in accordance with the solicitation requirements (paper copies and electronic versions), including the font size requirements. To address the potential width and height of the documents in the printed paper copies, Offerors are allowed to logically break these Excel worksheets into multiple pages in order to meet the solicitation requirements.

Also, it is acceptable for Offerors to scale the printed paper copies of the Excel® worksheets to a smaller print size, so long as the documents are legible. Additionally, if the Excel® worksheets span multiple pages, then each page of the worksheets shall include the applicable column and row headers.

(g) Classified information. The Offeror shall not provide any classified information in response to this solicitation.

(h) Questions.

(1) Questions regarding this solicitation must be submitted to ICP@emcbc.doe.gov no later than 14 calendar days after the original solicitation issuance date. If DOE has not acknowledged receipt of submitted questions within three business days, the Offeror may contact the CO to confirm receipt of questions. Each question shall clearly specify the solicitation area to which it refers.

Responses to questions, as appropriate, will be posted on the procurement website as soon as practicable. DOE will make every effort to have all questions answered at least two weeks before the proposal submission date. The Government will not identify prospective Offerors submitting

L-11 questions. Offerors must check the procurement website periodically to ascertain the status of answers to questions.

(2) This solicitation is considered complete and adequately describes the Government’s requirements. If an Offeror believes that there is an error in the solicitation, or an omission, the

Offeror shall submit a question to ICP@emcbc.doe.gov.

(i) False statements. Proposals must set forth full, accurate, and complete information, as required by this solicitation (including attachments). The penalty for making false statements in proposals is prescribed in 18 U.S.C. 1001.

(j) Examination of data. By submission of a proposal, the Offeror grants to the CO, or an authorized representative of the CO, the right to examine, for purposes of verifying the data submitted, those books, records, documents, and other supporting data (regardless of form) that will permit an adequate evaluation of the proposal. This right may be exercised in connection with any reviews deemed necessary by the CO prior to award.

(k) Commitment of public funds. The CO is the only individual who can legally award a contract and commit the Government to the expenditure of public funds in connection with the proposed acquisition. Any other commitment, either explicit or implied, is invalid.

(l) Content of resulting contract. Any contract awarded as a result of this solicitation will contain the following sections of the solicitation: Part I - The Schedule; Part II - Contract Clauses; Part III, List of

Documents, Exhibits and Other Attachments; and Part IV, Section K - Representations, Certifications, and Other Statements of Offerors. Section K will be incorporated into the contract by reference.

(m) Allowable Salary for Key Personnel. Award of the Contract, as proposed, does not constitute a determination of allowability of key personnel salaries contained in the successful offer. As provided in Section H.6, entitled, Special Provisions Applicable To Workforce Transition and Employee

Compensation: Pay and Benefits, within 20 days after effective date of the Transition Task Order, or as identified by the CO, the Contractor shall submit Form EM 3220.5, Application for Contractor

Compensation Approval, to the CO for each key personnel position listed in the Contract for a determination of cost allowability for reimbursement under the Contract. To support a reasonableness determination, the Contractor shall also provide compensation market survey data to support/justify the requested salary and any other information as requested by the CO. The Form

EM 3220.5, Application for Contractor Compensation Approval, information shall not exceed the proposed key personnel compensation contained in the successful offer.

Executive incentive programs are allocable and, therefore, may be determined to be allowable, if approved by the CO. Additionally, an executive incentive program will only be considered allowable to the extent the cost of the incentive is allocable as defined in FAR 31.201-4. To support a reasonableness determination for allowability, the Contractor will be required to provide a justification and may be required to provide additional information such as a copy of the annual incentive letter provided to the individual executive for the services to be rendered.

L.11 DOE-L-2002 Proposal Preparation Instructions, Volume I – Offer and Other

Documents – Alternate II, Alternate III, Alternate IV, Alternate V, and Alternate VI

(Oct. 2015)

(a) Cover letter. The Offeror may provide a brief cover letter. The cover letter will not be considered in the evaluation.

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(b) General. Volume I – Offer and Other Documents, contains the offer to enter into a contract and other documents. The signed original(s) of all documents requiring signature by Offerors shall be contained in the original Volume I. Offerors shall include the information listed in the following paragraphs in Volume I, assembled in the order listed. In cases where the Offeror is required to fill in information in a contract clause, the Offeror shall submit only those pages that require input of information or a signature. Those specific areas are:

(1) Section B:

(i) DOE-B-2015, Task Order Fee/Profit Ceiling (Oct 2014) (Revised)

(2) Section H:

(i) DOE-H-2017, Responsible Corporate Official and Corporate Board of Directors (Oct 2014)

(ii) DOE-H-2052, Representations, Certifications, and Other Statements of the Offeror (Oct

2014)

(iii) DOE-H-2058, Designation and Consent of Teaming Subcontracts – Alternate I (Oct 2014)

(Revised)

(iv) DOE-H-2070, Key Personnel – Alternate I (Oct 2014)

(v) Organizational Conflict of Interest – Affiliate(s)

(3) Section I:

(i) FAR 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2014)

(ii) FAR 52.223-3, Hazardous Material Identification and Material Safety Data (Jan 1997) –

Alternate I (Jul 1995)

(iii) FAR 52.227-23, Rights to Proposal Data (Technical) (Jun 1987)

(4) Section J:

(i) Attachment J-11 IDIQ Labor Rate Schedule (Attachment L-6, Cost and Fee/Profit Elements workbook)

(5) Task Order 1 – Transition Task Fill-Ins (Attachment L-7)

(i) B.2 Type of Contract

(d) DOE-B-2004 Cost-No-Fee Task Order: Total Estimated Cost (OCT 2014) (Revised)

(c) Standard Form 33, Solicitation, Offer and Award – one signed original of the Standard Form (SF) 33 must be provided in addition to a copy for each set of the Volume I.

(1) The person signing the SF 33 must have the authority to commit the Offeror to the terms and conditions of the resulting contract, Sections A - J. By signing and submitting the SF 33, the

Offeror commits to accept the resulting Contract as contained in the solicitation, unless an exception or deviation to the terms and conditions as stated in the solicitation is explicitly stated by the Offeror in accordance with the below subsection (g), Exceptions and Deviations.

(2) The Offeror must acknowledge receipt of all amendments to the solicitation in block 14 of the

SF 33.

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(3) The Offeror shall insert 270 calendar days in block 12 of the SF 33 in accordance with Section L provision DOE-L-2015, Offer Acceptance Period.

(d) Administrative information. Offerors shall provide the following information:

(1) Solicitation number (reference paragraph (c)(2)(i) of the Section L provision at FAR 52.215-1 entitled, Instructions to Offerors - Competitive Acquisition).

(2) Offeror name. Name, address, telephone and facsimile numbers, e-mail, and Data Universal

Numbering System Number (DUNS) of the Offeror (reference paragraph (c)(2)(ii) of the

Section L provision at FAR 52.215-1, Instructions to Offerors Competitive- Acquisition).

(3) Authorized signatory. Name and title of person authorized to sign the proposal (reference paragraph (c)(2)(v) of the Section L provision at FAR 52.215-1, Instructions to

Offerors - Competitive Acquisition).

(4) Negotiators. Name(s), title(s), telephone number, and email address of persons authorized to negotiate on the Offeror’s behalf (reference paragraph (c)(2)(iv) of the Section L provision at

FAR 52.215-1, Instructions to Offerors - Competitive Acquisition).

(5) Government agency administration. Government agency(ies) and name of its representative(s) having administrative cognizance over the Offeror or parent company within the meaning of FAR subpart 42.3, Contract Administration Office Functions, including financial auditing, employment opportunity oversight, etc. Include agency name, address, and telephone number.

(e) Subcontractors and other entities. Offerors shall provide the following information:

(1) Name, address, and DUNS number for all proposed Teaming Subcontractors as defined in DOE-

L-2001, Proposal Preparation Instructions – General, Section (a)(2).

(2) If the Offeror is a joint venture, limited liability company, limited liability partnership, or other similar entity (multi-member, shared ownership) provide:

(i) Name, address, and DUNS of the parent or member company(ies) of the Offeror - joint venture members, limited liability company members, limited liability partnership members, etc.; and

(ii)Teaming agreement(s) and operating agreement (if applicable), that will remain in effect after any contract award, that describe the business arrangement between the parent or member company(ies) of the Offeror, including the identity of the one member/partner who has the majority interest in the Offeror.

(f) Representations and certifications.

(1) If the Offeror has completed the annual representations and certifications electronically via the

System for Award Management website in accordance with the provision at FAR 52.204-8, Annual Representations and Certifications, and those representations and certifications are current, accurate, complete, and applicable to this solicitation, the Offeror does not need to resubmit such representations and certifications in response to this solicitation. However, if any of these annual representations and certifications requires a change, the Offeror shall submit those changes in accordance with FAR 52.204-8.

(2) If the Offeror has not completed the annual representations and certifications electronically via the System for Award Management, the Offeror shall complete and provide all of the representations, certifications, and other statements of the Offeror as required in this solicitation’s

Section K.

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(3) The Offeror shall also complete any additional representations, certifications, or other statements required in this solicitation’s Section K, Representations, Certifications, and Other Statements of the Offeror.

(g) Exceptions and deviations.

(1) Exceptions and/or deviations are not sought, and the Government is under no obligation to enter into discussions related to such. The Offeror shall specifically identify and fully explain any proposed exception to or deviation from the terms and conditions of the solicitation. Any proposed exceptions or deviations must identify the applicable solicitation section, clause or provision number, paragraph number, and the proposal volumes to which the exception or deviation applies. In addition to identifying this complete information in Volume I, any deviations or exceptions shall also be identified in the other volumes to which the deviation or exception applies, Volumes II and III. Only exceptions or deviations specifically identified in this section, if accepted by the Government, will take precedence over the terms and conditions of the solicitation.

(2) Any exceptions or deviations by the Offeror to the terms and conditions stated in the solicitation for the resulting contract will make the offer unacceptable for award without discussions. If an

Offeror proposes exceptions or deviations to the terms and conditions of the contract, then the

Government may make an award without discussions to another Offeror that did not take exception to the terms and conditions of the contract.

(h) Facility Clearance verification.

The Offeror shall submit the following for the Offeror, JV/LLC member(s), and Teaming

Subcontractors (if applicable) who will perform work under a contract resulting from this solicitation and require access authorizations (see Section L provision entitled, DEAR 952.204-73, Facility Clearance): (1) DOE Facility Clearance code; (2) the date the Offeror’s, JV/LLC member(s)’, and Teaming Subcontractor’s (if applicable) completed Standard Form 328 was submitted, and (3) the date of the Contracting Officer’s affirmative FOCI determination. If the

Offeror, JV/LLC member(s), or any of its Teaming Subcontractors (if applicable) do not possess such a DOE/NRC facility clearance number, the Offeror, JV/LLC member(s), and Teaming

Subcontractor (if applicable) shall submit FOCI information in accordance with the Section L provision entitled, DEAR 952.204-73, Facility Clearance. Further information is available at https://foci.anl.gov/. All Offerors, JV/LLC member(s), and Teaming Subcontractors (if applicable) that do not possess a DOE/NRC Facility Clearance number, shall complete the required entries into the DOE Foreign Ownership, Control, or Influence (FOCI) Electronic

Submission System (ESS) located at https://foci.anl.gov/. Use of the DOE FOCI ESS is mandatory for all Offerors, JV/LLC member(s), and Teaming Subcontractors (if applicable) that do not possess a Facility Clearance. Be sure to designate all Key Management Personnel (KMP)

(specific to FOCI only; this is not the same as Key Personnel as defined in Section H) in e-FOCI and the security clearance held by each, as applicable. At a minimum, KMP must include the positions of the President and Facility Security Officer (FSO). If any member of the Offeror

(including Teaming Subcontractors) or Tier Parents of the Offeror are under FOCI, the Offeror shall submit a draft FOCI Mitigation Plan for review by the appropriate Cognizant Security Office

(CSO). If the CSO has questions regarding any of the FOCI Verification, Facility Clearance

Information, and/or the draft FOCI Mitigation Plan, it may reach out to the Offeror during the evaluation process for clarifications. Note: This will not consititute “negotiations” (or

“discussions”) as defined in paragraph (d) of FAR 15.306, Exchanges with Offerors After Receipt https://foci.anl.gov/ https://foci.anl.gov/

L-15 of Proposals or obligate the Government to conduct discussions; nor constitute a “proposal revision” as defined in FAR 15.001.

Offerors, JV/LLC member(s), and Teaming Subcontractors (if applicable) are encouraged to transmit FOCI information before the deadline for proposal submission. Under the DOE FOCI

ESS, electronic signatures cannot be accepted; thus, the signed original SF-328 executed in accordance with the form’s instructions, and any other forms requiring a signature or seal shall be printed, signed, and submitted to the federal FOCI Operations Manager at the mailing address provided in the system. When filling out the New User Registration information in the DOE FOCI

ESS, select “DOE Idaho Operations Office” as the FOCI Office that will review your submission for this solicitation when it is completed. Include the solicitation name and number in the “Reason for Request” field. If the Department identifies missing information, the Offeror shall submit any information requested by the Department (FOCI Manager or CO) as soon as possible.

(i) Performance guarantee agreement.

If the Offeror is a joint venture, limited liability company, or other similar entity, the Offeror shall provide the Performance Guarantee Agreement in accordance with the clause DOE-H-2016, Performance Guarantee Agreement. See Section L, Attachment L-1 entitled, Performance

Guarantee Agreement, for form and text of the required Performance Guarantee Agreement.

(j) Responsible Corporate Official and Corporate Board of Directors.

The Offeror shall provide the name of the responsible corporate official and other information related to the corporate board of directors in accordance with the clause DOE-H-2017 entitled, Responsible

Corporate Official and Corporate Board of Directors.

(k) Small business subcontracting plan.

(1) A completed and acceptable Master Small Business Subcontracting Plan is required to be submitted in accordance with the Section I, FAR Clause 52.219-9 entitled, Small Business

Subcontracting Plan, Alternate II, and proposal instructions herein. The Master Subcontracting Plan is not a requirement for evaluation in source selection, but rather, a Volume I responsibility determination of the prospective large business awardee and it will be incorporated into the resultant contract as Section J, Attachment entitled, Master Small Business Subcontracting Plan.

(2) To be considered acceptable, the Offeror’s plan shall address, in adequate detail, and shall contain all elements required in FAR 52.219-9, except goals. Failure by a large business Offeror to submit and/or negotiate a subcontracting plan that addresses each element identified in

FAR 52.219-9, except goals, in adequate detail may make the Offeror ineligible for award of a contract. See FAR 19.702, Statutory Requirements (a)(1), regarding failure of the apparent successful Offeror to negotiate and submit a Plan acceptable to the CO.

(3) The Offeror shall establish separate small business subcontracting goals at the Task Order level

(with the exception of the Transition Task Order) that afford small businesses with the maximum practicable opportunity to participate in Contract performance consistent with efficient performance. In developing its proposed separate small business subcontracting goals, the

Offeror shall establish minimum goals for each small business category as follows (Table L-3):

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Table L-3. Small Business Category.

Small Business Category Small Business Goals Small Businesses (categories below are subsets within this category) 45%*

Veteran-Owned Small Business (VOSB) 3% Service-Disabled Veteran-Owned Small Business (SDVOSB) 3% Historically Underutilized Business Zone (HUBZone) 3% Small Disadvantaged Business 5% Women-Owned Small Business 5%

*The small business subcategories may not necessarily add up to the overall percentage in the Small

Business category, since some small businesses may not fall into any of the subcategories, while others may fall into more than one subcategory.

(4) Proposed small business goals shall be the percent of total subcontracted work specified in each

Task Order in compliance with the Offeror’s Master Small Business Subcontracting Plan.

(l) Community Commitment Plan.

The Offeror shall provide a Community Commitment Plan that demonstrates meaningful partnership with the community and support of sustainable economic use of the site. See the Section H clause

DOE-H-2045, entitled Contractor Community Commitment. The Plan will become part of the resulting Contract as an attachment to Section J.

(m) Organizational Conflicts of Interest (OCI).

The Offeror, including each entity participating in a joint venture, limited liability company (LLC), or teaming agreement thereof as defined in FAR 9.601(1), as well as any Teaming Subcontractor(s), shall provide a fully executed Section K.10, Organizational Conflicts of Interest Disclosure, and any necessary statements required by the provision. If the Offeror believes there is an existing or potential OCI, the Offeror shall submit an appropriate draft OCI mitigation plan with its proposal.

If the Department identifies an existing or potential OCI, the Offeror shall submit any information requested by the Department, including a draft OCI mitigation plan. If the Department requires additional explanation or interpretation regarding the proposed mitigation plan for evaluation purposes, this would be handled as clarifications or communications with Offerors, in accordance with subsections (a) and (b) of FAR 15.306, Exchanges with Offerors After Receipt of Proposals.

Note: This proposal requirement is separate and distinct from the Contract requirement stated at

DOE-H-2035, Organizational Conflict of Interest Management Plan, which applies throughout the full period of performance.

(n) Equal opportunity compliance.

The Offeror shall provide all of the information required to perform a pre-award onsite equal opportunity compliance evaluation in accordance with FAR 52.222-24. This information shall include the company name, address, phone number, and point of contact for the Equal Employment

Opportunity Commission. This information shall be provided for the Offeror, including each entity participating in a joint venture, LLC, or teaming agreement thereof as defined in FAR 9.601(1), as well as any known subcontractors with anticipated subcontracts of $10 million.

(o) Earned Value Management System (EVMS) Documentation.

The Offeror shall provide the EVMS documentation required under Section K provision entitled, Notice of Earned Value Management System.

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L.12 DEAR 952.204-73 Facility Clearance (Aug 2016) (DEVIATION)

Notices

Section 2536 of title 10, United States Code, prohibits the award of a contract under a national security program to an entity controlled by a foreign Government, if it is necessary for that entity to be given access to information in a proscribed category of information in order to perform the contract, unless a waiver is granted by the Secretary of Energy. In addition, a Facility Clearance and FOCI information are required when the contract or subcontract to be awarded is expected to require employees to have access authorizations.

Offerors who have either a DoD or a DOE Facility Clearance generally need not resubmit the following foreign ownership information, unless specifically requested to do so. Instead, provide your DOE Facility

Clearance code or your DoD assigned CAGE code. If uncertain, consult the office which issued this solicitation.

(a) Use of Certificate Pertaining to Foreign Interests, SF 328.

(1) The Contract work anticipated by this solicitation will require access to classified information or special nuclear material. Such access will require a Facility Clearance for the Contractor’s organization and access authorizations (security clearances) for Contractor personnel working with the classified information or special nuclear material. To obtain a Facility Clearance, the

Contractor must submit the SF 328, Certificate Pertaining to Foreign Interests, and all required supporting documents to form a complete FOCI Package. The Contractor will submit the FOCI information in the format directed by DOE. When completed, the Contractor must print and sign one copy of the SF 328 and submit it to the CO.

(2) Information submitted by the Offeror in response to the SF 328 will be used solely for the purposes of evaluating FOCI and will be treated by DOE, to the extent permitted by law, as business or financial information submitted in confidence.

(3) Following submission of a SF 328 and prior to contract award, the Contractor shall immediately submit to the CO written notification of any changes in the extent and nature of FOCI which could affect the Offeror’s answers to the questions in SF 328. Following award of a contract, the

Contractor must immediately submit to the cognizant security office written notification of any changes in the extent and nature of FOCI, which could affect the Offeror’s answers to the questions in SF 328. Notice of changes in ownership or control, which are required to be reported to the Securities and Exchange Commission, the Federal Trade Commission, or the US

Department of Justice must also be furnished concurrently to the cognizant security office.

(b) Definitions.

(1) Foreign Interest means any of the following:

(i) A foreign Government, foreign Government agency, or representative of a foreign

Government;

(ii) Any form of business enterprise or legal entity organized, chartered or incorporated under the laws of any country, other than the United States, or its possessions and trust territories;

and

(iii) Any person who is not a citizen or national of the United States.

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(2) FOCI means the situation where the degree of ownership, control, or influence over a Contractor by a foreign interest is such that a reasonable basis exists for concluding that compromise of classified information or special nuclear material may result.

(c) “Facility Clearance” means an administrative determination that a facility is eligible to access, produce, use or store classified information, or special nuclear material. A Facility Clearance is based upon a determination that satisfactory safeguards and security measures are carried out for the activities being performed at the facility. It is DOE policy that all Contractors or Subcontractors requiring access authorizations be processed for a Facility Clearance at the level appropriate to the activities being performed under the contract. Approval for a Facility Clearance shall be based upon:

(1) A favorable FOCI determination based upon the Contractor’s response to the 10 questions in

SF 328 and any required, supporting data provided by the Contractor;

(2) A contract or proposed contract containing the appropriate security clauses;

(3) Approved safeguards and security plans which describe protective measures appropriate to the activities being performed at the facility;

(4) An established Reporting Identification Symbol code for the Nuclear Materials Management and

Safeguards Reporting System if access to nuclear materials is involved;

(5) A survey conducted no more than six months before the Facility Clearance date, with a composite facility rating of satisfactory, if the facility is to…