ORRCC Final RFP Section L Instructions Conditions and Notices to Offerors - Amendment 0001.pdf

OAK RIDGE RESERVATION CLEANUP CONTRACT – FINAL RFP SECTION L

SOLICITATION NO. 89303319REM000047, AMENDMENT 1

L-i

IV – Representations and Instructions

Section L

Instructions, Conditions, and Notices to Offerors

L-ii

This page intentionally left blank.

L-iii

Contents

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

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

DEAR 952.219-70 DOE Mentor-Protégé Program (May 2000) (DEVIATION) (Issued by DOE

Policy Flash 2019-15) .................................................................................................................... L-2

FAR 52.216-1 Type of Contract (Apr 1984) ............................................................................... L-2

DOE-L-2017 Expenses Related to Offeror Submissions (Oct 2015) ......................................... L-2

DOE-L-2022 Alternate Bid/Proposal Information – None (Oct 2015) ..................................... L-2

DOE-L-2024 Notice of Intent – Use of Non-Federal Evaluators and Advisors (Oct 2015) .... L-3

DOE-L-2025 Intention to Bid/Propose (Oct 2015) ..................................................................... L-3

Offer Acceptance Period ............................................................................................................... L-3

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

Alternate II (Oct 2015) (Revised) ................................................................................................. L-3

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-8

DEAR 952.204-73 Facility Clearance (Aug 2016) (DEVIATION) .......................................... L-13

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

Proposal – General (Oct 2015) (Revised) .................................................................................. L-16

Proposal Preparation Instructions, Volume II – Key Personnel ............................................ L-17

DOE-L-2010 Proposal Preparation Instructions, Volume II – Past Performance (Oct 2015)

(Revised) ....................................................................................................................................... L-21

Proposal Preparation Instructions, Volume II – Management Approach ............................. L-25

Cost and Fee/Profit Proposal Proposal Preparation Instructions, Volume III – Cost and

Fee/Profit Proposal ...................................................................................................................... L-25

DOE-L-2014 Date, Time, and Place Offers are Due (Oct 2015) ............................................. L-30

DOE-L-2016 Number of Awards (Oct 2015) ............................................................................ L-30

Contacts Regarding Future Employment ................................................................................. L-30

DOE-L-2020 Small Business Set-Aside Information (Unrestricted) ...................................... L-30

DOE-L-2026 Service of Protest (Oct 2015) ............................................................................... L-30

DOE-L-2027 Notice of Protest File Availability (Oct 2015) .................................................... L-30

DOE-L-2028 Agency Protest Review (Oct 2015) ...................................................................... L-31

FAR 52.225-10 Notice of Buy American Requirement – Construction Materials (May 2014)

....................................................................................................................................................... L-31

L-iv

FAR 52.225-12 Notice of Buy American Requirement – Construction Materials Under Trade

Agreements (DOE DEVIATION) (Feb 2008) ........................................................................... L-32

List of Section L Attachments .................................................................................................... L-33

Tables

Table L-1. Solicitation Provisions Incorporated by Reference ................................................................. L-1

Table L-3. Tentative Agenda .................................................................................................................. L-20

Table L-4. Proposed Fee Ceilings ........................................................................................................... L-26

Table L-5.1. List of Contracts – Terminated for Default ........................................................................ L-46

Table L-5.2. List of Contracts – Cure Notice(s) ..................................................................................... L-46

Table L-5.3. List of Contracts – Conditional Payment of Fee/Profit/Other Incentive Actions .............. L-46

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

Table L-1. Solicitation Provisions Incorporated by Reference

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 (Aug 2020)

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: 6.6%

(Anderson County) and

4.5% (Roane County);

Female Goal: 6.9%

(e) Oak Ridge, TN

(Anderson and Roane

Counties)

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) 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 http://energy.gov/management/downloads/searchable-electronic-department-energy-acquisition-regulation

L-2

Table L-1. Solicitation Provisions Incorporated by Reference

FAR/DEAR

Reference Title

Fill-In Information;

See FAR 52.104(d)

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

DEAR 952.227-84 Notice of Right to Request Patent Waiver (Feb 1998)

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

DEAR 952.233-5 Agency Protest Review (Sep 1996)

FAR 52.252-5 Authorized Deviations in Provisions (Apr 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (FAR) (48 Code of Federal

Regulations [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 (DEAR) (48 CFR

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

DEAR 952.219-70 DOE Mentor-Protégé Program (May 2000)

(DEVIATION) (Issued by DOE Policy Flash 2019-15)

The Department of Energy has established a Mentor-Protégé Program to encourage its prime contractors to assist small business concerns, Historically Black Colleges and Universities and Minority Institutions, and other minority institutions of higher learning in enhancing their capabilities to perform contracts and subcontracts for DOE and other Federal agencies. If the contract resulting from this solicitation is awarded on a cost-plus-award fee basis, the Contractor's performance as a Mentor may be evaluated as part of the award fee plan. Mentor and Protégé firms will develop and submit “lessons learned” evaluations to DOE at the conclusion of the agreement. Any DOE contractor that is interested in becoming a Mentor should refer to the applicable regulations at 48 CFR 919.70 and should contact the

Department of Energy's Office of Small and Disadvantaged Business Utilization.

FAR 52.216-1 Type of Contract (Apr 1984)

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

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.

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-3

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 USC §§ 2101-2107.

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, DUNS number, address, and telephone number of its firm or organization and any subcontractors to

ORRCC@emcbc.doe.gov not later than 20 calendar days prior to the proposal due date. If the bid/proposal is to be submitted by a teaming arrangement, the Offeror is requested to submit the above information for all members of the proposing team. DOE may utilize this information to interface regarding necessary FedConnect and System for Award Management registrations.

Offer Acceptance Period

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

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 shall be a separate corporate entity from its parent company(s) who is set up solely to perform this Contract, in accordance with Section H clause entitled, DOE-H-2015, Separate Corporate Entity. 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. The Offeror 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 Performance Work Statement (PWS).

Teaming Subcontractors count toward fulfillment of the Section H Clause entitled, Subcontracted

Work, requirement and other small business goals in this Contract. Teaming Subcontractors are evaluated consistent with the terms of this solicitation and thus are not subject to post-award subcontract consent pursuant to FAR 52.244-2.

mailto:ORRCC@emcbc.doe.gov

L-4

(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/orrcc/. 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.

(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 (SF) 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 SF 33, Solicitation, Offer and Award, in Section

A of this solicitation. Proposals submitted via hardcopy, email, or the FedConnect Message

Center shall not be accepted or considered. 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 considered the Offeror's official offer and will be considered binding.

(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 https://www.emcbc.doe.gov/seb/orrcc/

L-5 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 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/Profit 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, and blank pages. Those pages that exceed the limits set forth in each evaluation 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/Profit 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.

L-6

(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 (including Attachment L-3, Past

Performance Reference Information Form). 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 headings are not allowed on 11 × 17 pages. 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 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. The only exception is financial statements and annual reports, which shall be segregated within the Volume III submission, thereby not requiring the documents to be sequentially numbered.

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

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

(i) Electronic copies of financial statements and annual reports shall be submitted in PDF

(portable document format files are required).

(ii) 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.

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

(iv) The proposed schedule shall be submitted as a Primavera P6 (P6), “XER” file type.

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

(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 ORRCC@emcbc.doe.gov no later than

7 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-7 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 ORRCC@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 USC 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, entitled, Special Provisions Applicable To Workforce Transition and Employee

Compensation: Pay and Benefits, within 20 days after the effective date of the Transition Task Order, the Contractor will 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-8

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.

(b) General. Volume I – Offer and Other Documents, contains the offer to enter into a contract and other documents. The documents requiring signature by Offerors shall be contained in Volume I. Visibly identifiable scanned and/or time-stamped digital signatures will be acceptable, unless specifically stated otherwise in the RFP (i.e., the SF 328). 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)(Revised)

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

2014) (Revised)

(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) (Revised)

(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 Workbook)

(5) Task Order Fill-Ins (to be adjusted as necessary for each procurement)

(i) Section B Fill-Ins

(c) SF 33, Solicitation, Offer and Award – one signed (visibly identifiable scanned and/or time-stamped digital signature) of the SF 33 must be provided.

L-9

(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 paragraph (g), Exceptions and deviations.

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

SF 33.

(3) The Offeror shall insert 270 calendar days in block 12 of the SF 33 in accordance with Section L provision entitled, 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). This information is only required for Teaming Subcontractors. Any non-teaming subcontractors will require subcontract consent after award pursuant to FAR 52.244-2.

(2) If the Offeror is a JV, LLC, LLP, or other similar entity (multi-member, shared ownership) provide:

(i) Name, address, and DUNS of the parent or member company(ies) of the Offeror - JV members, LLC members, LLP 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.

L-10

(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.

(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. (Revised)

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 or your Department of Defense assigned

Commercial and Government Entity (CAGE) code; (2) the date the Offeror’s, JV/LLC member(s)’, and Teaming Subcontractor’s (if applicable) completed SF 328 was submitted, and

(3) the date of the CO’s affirmative Foreign Ownership, Influence, or Control (FOCI) determination. If the Offeror, JV/LLC member(s), or any of its Teaming Subcontractors (if applicable) do not possess such a CAGE code or DOE/ Nuclear Regulatory Commission (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 https://foci.anl.gov/

L-11

CAGE code or DOE/NRC Facility Clearance number, shall complete the required entries into the

DOE 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. Teaming Subcontractor(s) that will not require access authorizations consistent with DEAR 952.204-73 are not required to submit the information contained within this provision, and the Offeror’s proposal shall clearly state that the

Teaming Subcontractor(s) will not require access authorizations for the work proposed to be performed by the Teaming Subcontractor(s). Be sure to designate Key Management Personnel

(KMP) (specific to FOCI only; this is not the same as Key Personnel as defined in Section H) in e-

FOCI that hold the appropriate security clearance level as required by the scope of work and for the facility clearance. At a minimum, KMP must include the positions of the President and

Facility Security Officer. 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 constitute “negotiations” (or “discussions”) as defined in paragraph (d) of FAR

15.306, Exchanges with Offerors After Receipt 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 “Environmental Management Consolidated Business Center” 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 JV, LLC, 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 Section H clause, DOE-H-2017 Responsible

Corporate Official and Corporate Board of Directors (Revised).

(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 https://foci.anl.gov/

L-12 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.

(l) Community Commitment Plan.

The Offeror shall provide a Community Commitment Plan that demonstrates meaningful partnership with the community. 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 JV, 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 clause, 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 draft OCI 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.

The ORRCC contractor will continue to provide support to DOE during construction of the Outfall

200 Mercury Treatment Facility (MTF) under contract number 89303319CEM000041. The ORRCC contractor will be the operator of the completed MTF. While DOE cannot make a definitive assessment at this time, there is the potential for a conflict of interest that cannot be mitigated between performing as the prime contractor under both the OF200 MTF construction contract and the

ORRCC. In submitting its offer, the offeror understands the potential for a conflict of interest that cannot be mitigated exists between the OF200 MTF construction contractor and the ORRCC contractor.

(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 JV, 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.

L-13

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

(p) Instructions Regarding Non-Public Government Information/Source Selection Information

(1) The Offeror shall not utilize non-public government information (as defined by the United States

Office of Government Ethics at 5 CFR § 2635.703(b)) or source selection information (as defined in FAR 2.101) in the preparation of the Offeror’s proposal submission that results in an unfair competitive advantage in the procurement. An Offeror’s utilization of any individual(s) who possesses non-public government information or source selection information (obtained through their employment or by other means) may result in a perceived or actual unfair competitive advantage. Utilization of non-public government information or source selection information to prepare its proposal in response to the subject solicitation may disqualify the Offeror’s proposal from award. Utilization of information obtained by a contractor over the normal course of business is not subject to the Organizational Conflict of Interest provisions of this solicitation.

(2) The Offeror shall identify former DOE employees subject to post-employment restriction(s) involved in the Offeror’s written and/or oral proposal development during the time in which the individual was still subject to post-employment restriction(s). For any former DOE employees identified, the Offeror shall provide:

(i) The time period, nature, and extent of the former DOE employee’s involvement in the

Offeror’s written and/or oral proposal development.

(ii) A description of whether or not such individuals shared any non-public government information (as defined by the United States Office of Government Ethics) or source selection information (as defined in FAR 2.101) with the Offeror during the development of its proposal, and if so, specific details regarding what information was shared.

(iii) If no such individual participated in the Offeror’s written and/or oral proposal development, the Offeror shall respond stating such.

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 Department of Defense 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 Department of Defense 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

L-14 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 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.

(2) Foreign Ownership, Control, or Influence (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.