2. Final RFP Sol. No. 89303319REM000052 (except Attachments L-5, L-6, L-10 and L-11).pdf

89303319REM000052

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 471

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

12/17/2019 X

893033

EM -Environmental Mgmt Con Bus Ctr

EMCBC

U.S. Department of Energy EM Consolidated Business Center 250 E. 5th Street, Suite 500 Cincinnati OH 45202

See Section L.8(c)

1600 ET 02/03/2020

Michael G. McCreanor 513 michael.mccreanor@emcbc.d oe.gov246-0038

X

X

X

X

X

X

X

X

X

X

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PAGE(S)

Michael G. McCreanor

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

See Section L.8(c)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 471

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

89303319REM000052

(A) (B) (C) (D) (E) (F)

Department of Energy (DOE) Office of

Environmental Management (EM) - Nationwide

Deactivation, Decommissioning and Removal (DD&R)

Procurement

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

NATIONWIDE DD&R– FINAL RFP SECTION B

SOLICITATION NO. 89303319REM000052

B-i

Part I – The Schedule

Section B

Supplies or Services and Prices/Costs

B-ii

Contents

B.1 DOE-B-2012 Supplies/Services Being Procured/Delivery Requirements (Oct 2014)

B.2 Type of Contract

B.3 Contract Minimum and Maximum Value of Services

B.4 DOE-B-2013 Obligation of Funds (Oct 2014) (Applies to CR Task Orders only)

B.5 DOE-B-2015 Task Order Fee Ceiling (Oct 2014) (Revised) (Applies to CR Task Orders only) 3

B.6 Funding Profile

B.7 Allowability of Subcontractor Fee (Applies to CR Task Orders only)

B.8 Small Business Subcontracting Fee Reduction

B.9 Basis for Changes

B.10 Other Costs and Projects

B.11 Conditional Payment of Fee - DOE Performance Criteria/Requirements

B.12 Provisional Payment of Fee (Oct 2013) (Revised) (Applies to CR Task Orders only)

B.13 Limitation of Government’s Obligation (Applies to FFP Task Orders only)

Tables

Table B-1. Master IDIQ Contract CLIN Structure

Table B-2. Sample Annual Funding Profile……………...…………………………………………………4

B-1

B.1 DOE-B-2012 Supplies/Services Being Procured/Delivery Requirements (Oct 2014)

The Contractor shall furnish all personnel, facilities, equipment, material, supplies, and services

(except as may be expressly set forth in this Contract as furnished by the Government) and otherwise do all things necessary for, or incident to, the performance of work as described in Section C, Performance Work Statement (PWS) under this Contract and resulting Task Orders.

The Contractor shall provide the requested services, within the minimum and maximum quantities as specified in Section B.3 below, on a schedule to be specified by the Government in accordance with the Contract clause Section H, Task Ordering Procedure.

B.2 Type of Contract

This is an Indefinite-Delivery/Indefinite-Quantity (IDIQ) Contract under which Firm-Fixed-Price

(FFP) and/or Cost Reimbursement (CR) Task Orders may be issued. The preference under this

Contract is for the issuance of Cost-Plus-Incentive-Fee (CPIF) and FFP Task Orders. Task Orders issued under this Contract will define objective performance criteria for completion of contract objectives, as applicable.

Table B-1. Master IDIQ Contract Line Item Number (CLIN) Structure

CLIN CLIN Title Maximum Value of Services Contract Ordering Period

01000 DD&R Task

Orders

$3.0B 10 years from the effective date of Contract.

Each Task Order issued under this Contract will include the requisite clause(s) depending on the associated Task Order type (including but not limited to the following clauses (a) through (e). Fill-ins will be completed at the Task Order level.

(a) DOE-B-2001 Cost-Plus-Fixed-Fee Contract: Total Estimated Cost and Fixed Fee (Oct 2014)

(Revised)

(1) This is a Cost-Plus-Fixed-Fee type contract. In accordance with the clause at FAR 52.216-8, Fixed Fee, the total estimated cost and fixed-fee for this contract are as follows:

Total Estimated Cost: [insert total estimated cost]

Fixed Fee: [insert maximum award fee]

(2) The Total Estimated Cost and Fee of the contract, and/or the Total Estimated Cost and Fee of the Contract Line Items, is as follows:

[insert, if any, line item nos. and associated amounts for cost and fee]

(3) Payment of fee will be made in accordance with [insert instructions for fee payment or title of applicable clause addressing payment].

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(b) DOE-B-2002 Cost-Plus-Award-Fee Contract: Total Estimated Cost and Award Fee (Oct 2014)

(Revised)

(1) This is a Cost-Plus-Award-Fee type of contract. The total estimated cost and award fee are as follows:

Maximum award fee: [insert maximum award fee]

(2) The Total Estimated Cost and Fee of the Contract, and/or the Total Estimated Cost and Fee of the Contract Line Items, is as follows:

[insert, if any, line item nos. and associated amounts for cost and fee]

(3) Payment of fee will be made in accordance with [insert instructions for fee payment or title of applicable contract clause addressing payment].

(c) DOE-B-2003 Cost-Plus-Incentive-Fee Contract: Total Estimated Cost and Incentive Fee (Oct

2014)

(1) This is a Cost-Plus-Incentive-Fee type contract. In accordance with the clause at Federal

Acquisition Regulation (FAR) 52.216-10, Incentive Fee, the target cost, target fee, maximum and minimum fees, and the target fee increase and decrease ratios for this Contract are shown below:

Target Cost: [insert target cost]

Target Fee: [insert target fee]

Maximum Fee: [insert maximum fee]

Minimum Fee: [insert minimum fee]

Target Fee Increase Ratio: Cents/Dollar Less Than Target Cost: [insert amount]

Target Fee Decrease Ratio: Cents/Dollar More Than Target Cost: [insert amount]

(2) The target cost, target fee, minimum and maximum fee, and target fee increase/decrease ratios are applicable to the following Contract Line Items:

[insert, if any, line item nos. and associated amounts for cost, fee, and fee increase/decrease ratio]

(3) Payment of fee shall be made in accordance with the clause 52.216-10, Incentive Fee and the clause in the Contract entitled [insert applicable clause addressing fee payment in addition to

FAR clause].

(d) DOE-B-2004 Cost-No Fee Contract: Total Estimated Cost (Oct 2014)

B-3

(1) This is a cost-no fee type contract. In accordance with the clause at FAR 52.216-11, Cost

Contract-No Fee, the total estimated cost for this Contract is as follows:

(2) The Total Estimated Cost of the Contract, and/or the Total Estimated Cost of the Contract

Line Items, is as follows:

[insert, if any, line item nos. and associated amounts for cost]

(e) DOE-B-2006 Firm-Fixed-Price Contract (Oct 2014)

(1) This is a firm-fixed-price contract. The Contractor shall provide the following [insert

“supplies” or “services,” as applicable] at the fixed unit prices specified:

[Insert Listing of Prices]

(2) Payments of the fixed unit prices and the total contract price will be made in accordance with

[insert instructions for payment or title of applicable contract clause addressing payment].

B.3 Contract Minimum and Maximum Value of Services

(a) The guaranteed minimum value of services to be ordered as required by Section I, FAR 52.216-22, Indefinite Quantity, is $50,000.00. The Government has no obligation to issue Task Orders to any

Contractor beyond the minimum amount specified above. For each successful Contractor, there will be a one time "minimum guarantee award amount" during the life of the contract. This amount can only be claimed at the end of the contract period if the Contractor takes advantage of fair opportunity by proposing on at least one Task Order offered to the Contractor during the years for which the Contractor is eligible.

(b) The estimated maximum value of services to be ordered as required by Section I, FAR 52.216-22, Indefinite Quantity, is $3.0B.

(c) All Task Orders issued under this Contract count toward the estimated maximum value of $3.0B, and the total cumulative value of the Task Orders issued shall not exceed the contract estimated maximum value.

B.4 DOE-B-2013 Obligation of Funds (Oct 2014) (Applies to CR Task Orders only)

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

To Be Determined on a Task Order basis.

B.5 DOE-B-2015 Task Order Fee Ceiling (Oct 2014) (Revised) (Applies to CR Task Orders only)

(a) The fee amount, specified as a percentage on individual Task Orders, is up to 15 percent for CR

Task Orders and shall serve as the fee ceiling for all CR Task Orders issued under the Contract.

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(b) The fee amount (or target fee) for each Task Order will be negotiated and established in each individual Task Order based on risk and complexity. The Contractors may propose whatever fee amount it determines appropriate for the individual Task Order, within the fee percentage ceiling for CR Task Orders, as specified above. There is no base fee available under this Contract.

(c) The fee ceiling percentage shall at no time exceed any statutory limitations imposed by 10 United

States Code (U.S.C.) 2306(d), 41 U.S.C. 3905, and FAR 15.404-4(c)(4)(i).

B.6 Funding Profile

The planned funding profile per the Government Fiscal Year (FY) will be included in each individual

Task Order as applicable. Funding is subject to Congressional and Departmental funding authorization.

Table B-2. Sample Annual Funding Profile

G o v er n m e n t

F is ca l

Y ea r

F Y

F Y

$ Amount*

$TBD

$TBD $TBD $TBD $TBD $TBD $TBD $TBD $TBD $TBD $TBD

* The dollar amounts are represented in ($M). The provided funding profile represents the government’s estimate of future funding. This assumed funding is not a guarantee of available funds. Actual funding may be greater or less than these estimates. There is no commitment by DOE to request funds equivalent to this assumed funding. Available funds depend on

Congressional appropriations and priorities within the DOE. The provided funding profile covers estimated costs and fee and/or prices to be identified in Section B of the Task Orders, inclusive of funding of pension and benefit programs described in Section C.

**This funding may be available if Task Orders are issued that extend beyond the 10-year ordering period.

B.7 Allowability of Subcontractor Fee (Applies to CR Task Orders only)

(a) If the Contractor has formed and performs the Contract as a teaming arrangement, as defined in

FAR 9.601(1) and (2), Contractor Team Arrangement, the team shall share in the total fee for underlying Task Orders. Separate, additional, subcontractor fee is not an allowable cost under

Task Orders for individual team members, or for a subcontractor, supplier, or lower-tier subcontractor that is a wholly-owned, a majority-owned, or an affiliate entity of any team member.

(b) The subcontractor fee restriction in paragraph (a) above does not apply to members of the

Contractor’s team that are: (1) small business(es); (2) Protégé entities as part of an approved

Mentor-Protégé relationship identified in the Contractor’s Diversity Plan as per the Section H

Clause entitled, DOE-H-2046, Diversity Program; (3) subcontractors under a competitively awarded FFP subcontract; or (4) subcontractors providing commercial items as defined in

FAR 2.101, Definitions.

B.8 Small Business Subcontracting Fee Reduction

For the purpose of implementing this Clause, the percentage goals established in the separate subcontracting goals submitted at the Task Order level, will remain in effect for the duration of the

Task Order period of performance.

B-5

(a) The Contractor’s performance in meeting small business performance percentage goals in accordance with the Section H Clause entitled, Subcontracted Work, the Contractor’s separate subcontracting goals submitted at the Task Order level, and required Mentor-Protégé

Agreements will be evaluated annually.

(b) If the Contractor has not met any or all of the subcontracting goals and the number of required

Mentor-Protégé Agreements, and/or has failed to provide meaningful work for small businesses, the Contracting Officer (CO) may reduce the earned fee by up to 10 percent (CR

Task Orders) or Task Order price up to two percent (FFP Task Orders) for applicable Task

Orders depending on the nature and magnitude of the failure.

B.9 Basis for Changes

The Contractor is responsible for total performance of Task Orders issued under this Contract, including its specific technical approach and methods to perform the Task Order PWS, including End

States (if applicable). The Contractor is responsible for examining available information, such as drawings and designs, photographs, regulatory documents, and other documents in developing its approach and pricing for individual Task Orders. For all work within the control of the Contractor, the consequences of any adverse Contractor work performance, and the consequences of any regulatory actions in response to adverse Contractor work performance, shall not be a basis for equitable adjustment. As applicable, Task Orders issued under this Contract shall clearly identify the risk ownership for both the Government and the Contractor such that contract changes are minimized to the extent practicable.

(Table with risk ownership to be negotiated and included within individual Task Orders, as applicable)

B.10 Other Costs and Projects

Other Costs and Projects will be authorized under Task Orders issued by the CO in accordance with the Section H Clause entitled, Task Ordering Procedure, to reflect the approved amounts for work authorized. This work is done under a Strategic Partnership Projects (SPP) Program arrangement or a

Request for Services (RFS). Under an SPP Program arrangement, the project is conducted through a cost recovery (no fee) arrangement under Section I Contract Clause Department of Energy Acquisition

Regulation (DEAR) 970.5217-1, Strategic Partnership Projects Program (Non-DOE Funded Work).

An RFS is completed on a case-by-case basis and the Contractor may or may not receive fee depending on the arrangement for each individual request. Any RFS fee will be determined based on mutual agreement between the DOE and the Contractor.

B.11 Conditional Payment of Fee - DOE Performance Criteria/Requirements

This Clause supplements the Section I Clause DEAR 970.5215-3 entitled, Conditional Payment of

Fee, Profit, and Other Incentives – Facility Management Contracts, by establishing Site-specific

Environmental, Safety, Health, and Quality (ESH&Q) and security performance criteria/requirements.

Performance failures relating to the performance criteria set forth in this Clause will be processed in accordance with DEAR 970.5215-3. If applicable, site-specific performance criteria/requirements for

ESH&Q and Safeguards and Security (SAS) will be included in each Task Order and are provided below as information:

(a) ESH&Q

(1) First Degree: Performance failures relating to the criteria set forth in this Clause will be processed in accordance with DEAR 970.5215-3.

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(2) Second Degree: Performance failures relating to the criteria set forth in this Clause will be processed in accordance with DEAR 970.5215-3.

(3) Third Degree: Performance failures that reflect a lack of focus on ESH&Q or failures to comply with an approved Integrated Safety Management System (ISMS) that may result in a negative impact to the public, worker, or environment. The following performance failures, or events of similar import, are examples of performance failures that are considered third degree:

(i) Multiple similar non-compliances identified by external oversight (e.g., Federal) that in the aggregate indicate a significant programmatic breakdown.

(ii) Non-compliances or adverse performance trends that either have or may have significant negative impact to the public, worker, or environment or that indicate a significant programmatic breakdown.

(iii) Failure to notify the CO upon discovery of events or conditions where notification is required by the terms and conditions of the Contract.

(iv) Failure to report required data accurately and within the required timeframes (e.g., within 24 hours of incident).

(b) Safeguards and Security

(1) First Degree: Performance failures that have been determined, in accordance with applicable law, regulation, or DOE directive, to have resulted in, or that can reasonably be expected to result in, exceptionally grave damage to the national security. The following are examples of performance failures or performance failures of similar import that will be considered first degree:

(i) Theft, loss, or diversion of Category I or II Special Nuclear Material (SNM); adversarial attacks or acts of sabotage that result in significant consequences to the safety or security of personnel, facilities, or the public due to a failure or inadequacy of performance by the Contractor.

(ii) Receipt of an overall rating of Unsatisfactory on any DOE SAS survey, audit, and/or inspection.

(iii) Failure to implement effective corrective action(s) in response to any first degree performance failure.

(2) Second Degree: Performance failures that have been determined, in accordance with applicable law, regulation, or DOE directive, to have actually resulted in, or that can reasonably be expected to result in, serious damage to the national security. The following are examples of performance failures or performance failures of similar import that will be considered second degree:

(i) Theft, loss or diversion of Category III SNM that is due to a failure or inadequacy of performance by the Contractor.

(ii) Inventory differences of Category I/II/III SNM beyond alarm limits where there is no evidence that the difference is created by loss, theft, or diversion.

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(iii) Any amount of SNM found in a dangerous/hazardous or unapproved storage environment, or unapproved mode of transportation/transfer.

(iv) Failure to implement effective corrective action(s) in response to an occurrence of any second degree performance failure.

(3) Third Degree: Performance failures that have been determined, in accordance with applicable law, regulation, or DOE directive, to have actually resulted in, or that can reasonably be expected to result in, undue risk to the common defense and security, and/or jeopardizes protection of the facility or Site security interests. The following are examples of performance failures or performance failures of similar import that will be considered third degree:

(i) Loss, theft, diversion, or unauthorized disclosure of information classified as

Confidential.

(ii) Evidence that SNM data has been manipulated or falsified.

(iii) Inventory differences of Category IV SNM beyond alarm limits where there is no evidence that the difference is created by loss, theft, or diversion.

(iv) Loss, theft, or diversion of Category IV quantities of SNM that is due to a failure or inadequacy of performance by the Contractor.

(v) Five or more incidents that involve a potential compromise of classified information and/or unsecured classified repository, in any three (3) month period, of any type.

(vi) Receipt of any topical area rating of Unsatisfactory on any DOE SAS survey, audit, and/or inspection.

(vii) Failure to implement effective corrective action(s) in response to any third degree performance failure.

(viii) Non-compliant or adverse cyber security performance that indicates serious cyber security program degradation (e.g., negative mission impacts or compromise of sensitive information [Sensitive Unclassified Information, Personally Identifiable Information, Unclassified Controlled Nuclear Information]).

B.12 Provisional Payment of Fee (Oct 2013) (Revised) (Applies to CR Task Orders only)

(a) Notwithstanding any other term or condition of this Contract and the resulting Task Orders to the contrary, this clause applies to and has precedence over all other terms and conditions of this

Contract and the resulting Task Orders that provide for provisional payment of fee.

(b) The Contractor must notify the CO immediately if it believes any incongruence exists between this clause and any other term or condition of this Contract and the resulting Task Orders that provides for provisional payment of fee. If a term or condition of this Contract and the resulting

Task Orders provides for provisional payment of fee but fails to include all of the requirements of this clause, that term or condition will be considered to include the omitted requirements.

(c) This clause conforms to the FAR and DOE fee policy and constructs. The following definitions and concepts apply.

(1) Price means cost plus any fee or profit applicable to the Task Order.

(2) The terms profit and fee are synonymous.

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(3) Incentive means a term or condition whose purpose is to motivate the Contractor to provide supplies or services at lower costs, and in certain instances with improved delivery or technical performance, by relating the amount of profit or fee earned to the

Contractor’s performance.

(4) Earned fee for an incentive means fee due the Contractor by virtue of its meeting the

Contract’s/Task Order’s requirements entitling it to fee. Earned fee does not occur until the Contractor has met all conditions stated in the Contract/Task Order for earning fee.

(5) Available fee for an incentive means the fee the Contractor might earn but has not yet earned.

(6) Provisional payment of fee for an incentive means the Government’s paying available fee for an incentive to the Contractor for making progress towards meeting the performance measures for the incentive before the Contractor has earned the available fee.

(7) Provisional payment of fee has no implications for the Government’s eventual determination that the Contractor has or has not earned the associated available fee.

Provisional payment of fee is a separate and distinct concept from earned fee. The

Contractor could, for example, receive 100% of possible provisional fee payments yet not earn any fee (the Contractor would be required to return all of the provisional fee payments). The Contractor could, for example, receive 0% of possible provisional fee payments yet earn the entire amount of available fee (it would not receive any fee payments until the Government’s determination that the Contractor had earned the associated available fee for the incentive).

(8) Clause means a term or condition used in this Contract.

(d) This Task Order’s price, incentives included in its price, and all other terms and conditions reflect the Government’s and the Contractor’s agreement to link, to the maximum extent practical, the Contractor’s earning of fee to its achievement of final outcomes rather than interim accomplishments.

(e) Certain terms and conditions of this Contract and the resulting Task Orders provide for provisional payment of fee for certain incentives. Other terms and conditions of this Contract and the resulting Task Orders provide for each such incentive the requirements the Contractor must meet to earn the fee linked to the incentive. The terms and conditions of this Contract and the resulting Task Orders that provide for provisional payment of fee for certain incentives include for each such incentive the requirements the Contractor must meet before the

Government is obligated to pay fee, provisionally, to the Contractor and for the Contractor to have any right to retain the provisionally paid fee.

(f) The CO, at his/her sole discretion, will determine if the Contractor has met the requirements under which the Government will be obligated to pay fee, provisionally, to the Contractor and for the Contractor to have any right to retain the provisionally paid fee.

(g) If the CO determines the Contractor has not met the requirements to retain any provisionally paid fee and notifies the Contractor, the Contractor must return that provisionally paid fee to the Government within 30 days:

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(1) The Contactor’s obligation to return the provisional paid fee is independent of its intent to dispute or its disputing the Contracting Officer’s determination; and

(2) If the Contractor fails to return the provisionally paid fee within 30 days of the

Contracting Officer’s determination, the Government, in addition to all other rights that accrue to the Government and all other consequences for the Contractor due to the

Contractor’s failure, may deduct the amount of the provisionally paid fee from:

amounts it owes under invoices; amounts it would otherwise authorize the Contractor to draw down under a Letter of Credit; or any other amount it owes the Contractor for payment, financing, or other obligation.

(h) If the Contractor has earned fee associated with an incentive in an amount greater than the provisional fee the Government paid to the Contractor for the incentive, the Contractor will be entitled to retain the provisional fee and the Government will pay it the difference between the earned fee and the provisional fee.

(i) If provisional fee is provided for under a Task Order and the CO determines the Contractor has met all of the other applicable terms and conditions in both the Task Order(s) and the Master IDIQ

Contract and the Contractor has accomplished established incentive(s) under the Task Order(s), the

Contractor is authorized to submit a voucher requesting provisional fee payment not more often than once per calendar quarter, at a prorated amount of up to 50 percent of the target and/or available fee for the Task Order, pending satisfactory performance.

B.13 Limitation of Government’s Obligation (Applies to FFP Task Orders only)

(a) This contract’s fixed-price Task Orders issued under CLIN 01000 have traditional Federal

Acquisition Regulation fixed prices and contract terms and conditions, with the exceptions that:

fixed-price Task Orders may be incrementally funded; and if a CLIN or Task Order is incrementally funded, in the event of termination before it is fully funded the Government’s maximum liability for the CLIN or Task Order will be the lower of the amount of funds allotted to the CLIN or Task Order or the amount payable to the Contractor per the Termination for

Convenience (Fixed-Price) clause of this contract. For each CLIN or Task Order there is:

(1) a fixed price for the action;

(2) a fixed amount of work that corresponds to the fixed price;

(3) a planned funding schedule that corresponds to the fixed price and the fixed amount of work;

(4) no Government obligation to the Contractor until the Government allots funds to the contract for the action;

(5) if the Government allots funds, a maximum Government obligation, including any termination obligations, to the Contractor equal to the allotted funds; and

(6) an obligation that the Government will pay the Contractor for the work the Contractor performs for which funds were allotted based on the price of the work performed, not the costs the Contractor actually incurs.

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(b) For each CLIN or Task Order:

(1) the Government’s maximum obligation, including any termination obligations and obligations under change orders, equitable adjustments, or unilateral or bilateral contract modifications, at any time is always less than or equal to the total amount of funds allotted by the Government to the contract for the CLIN or Task Order;

(2) the Contractor explicitly agrees it reflected (that is, included or could have included an additional amount) in its offered price and in the subsequent negotiated fixed price for each of the fixed-price CLINs or Task Orders included in this contract:

(i) the added complexity, challenges, and risks (including all risks, costs or otherwise, associated with termination as articulated in this clause) to which the Contractor is subject due to the incremental funding arrangement established in this clause; and

(ii) the specific risk that in the event of termination of an incrementally funded

CLIN or Task Order before the CLIN or Task Order is fully funded, the

Contractor could receive less than the Termination for Convenience (Fixed-

Price) clause of this contract would allow. The maximum Government obligation for a fixed-price CLIN or Task Order is the allotted funds for the

CLIN or Task Order, as a result the Contractor will receive the lower of the allotted funds or what the Termination for Convenience (Fixed-Price) clause of this contract would allow.

(3) the Contractor is not authorized to continue work beyond the point at which the total amount payable by the Government, which is the price of the services the allotted funds cover, equals the total amount allotted to the contract for the services;

(4) if funds become available and the Government’s need continues, the Government will allot funds periodically to the CLIN or Task Order, the Contractor will provide a fixed amount of work for the funds allotted, and the Government will pay the Contractor based on the price of the fixed amount of work. The Government will not pay the

Contractor based on the costs the Contractor incurs in performing the work; and

(5) The Contractor agrees to provide the fixed amount of work for the fixed price identified in the Task Order’s Section B, Supplies or services and prices/costs, and in accordance with the delivery schedule identified in the Task Order’s Section F, Deliveries or performance, provided the Government provides the funding per or earlier than the Planned Funding Schedule in the Task Order’s Section B. At any time, the cumulative amount of funds allotted is the fixed price for the cumulative fixed amount of work identified with the funds.

(c) For each CLIN or Task Order:

(1) The fixed price (of both the entire CLIN or Task Order and of the current cumulative amount of funds allotted to the CLIN or Task Order at any time during contract performance) is not subject to any adjustment on the basis of the Contractor’s cost experience;

(2) The contract places the maximum risk and full responsibility on the Contractor for all costs and resulting profit or loss; and

B-11

(3) If the Government meets the entire Planned Funding Schedule;

(i) the cumulative amount of funds allotted will equal the CLIN’s or Task Order’s fixed price; and

(ii) the Contractor must provide the work the contract requires for the CLIN or Task

Order.

(d) The fixed price for each CLIN or Task Order is listed in Section B of this contract.

(e) The Planned Funding Schedule for each CLIN or Task Order is in paragraph (n) of this clause.

The sum of the planned funding for each CLIN or Task Order equals the fixed price of the

CLIN or Task Order.

(f) The Actual Funding Schedule for each CLIN or Task Order is in paragraph (o) of this clause.

It specifies the actual amount of funds allotted and presently available for payment by the

Government separately for Task Orders issued under CLIN 01000, and the work to be performed for the funds allotted.

(1) The Contractor may bill against a CLIN or Task Order only after the Government has allotted funds to the CLIN or Task Order and the Contractor has delivered the services and earned amounts payable for the CLIN or Task Order.

(i) The Contractor may bill only the lower of the two preceding amounts, that is, the lower of allotted funds or amount payable.

(ii) If the Contractor does not perform the contract’s requirements for the CLIN or

Task Order, it must return the amounts that it billed that the Government reimbursed.

(g) If during the course of this contract the Government is allotting funds to a CLIN or Task Order per or earlier than the Planned Funding Schedule, the Task Order to that point will be considered a simple fixed-price CLIN or Task Order regardless of the rate at which the

Contractor is, or is not, earning amounts payable, and:

(1) The Government’s and the Contractor’s obligations under the CLIN or Task Order— with the exception that the Government’s obligation for the CLIN or Task Order is limited to the total amount of funds allotted by the Government to the CLIN or Task

Order and similarly the Contractor is not authorized to continue work beyond the point at which the total amount payable by the Government equals the total amount allotted—will be as if the CLIN or Task Order were both fixed price and fully funded at time of contract execution, that is, the Contractor agrees that: it will perform the work of the CLIN or Task Order; and neither the fixed-price for the CLIN or Task

Order nor any other term or condition of the contract will be affected due to the

CLIN’s or Task Order’s being incrementally funded.

(i) The Contractor agrees, for example, if the Government allots funds to a CLIN or Task Order per or earlier than all of the funding dates in the Planned

Funding Schedule for the CLIN or Task Order, the Government has met all of its obligations just as if the CLIN or Task Order were fully funded as of the time of contract execution and the Contractor retains all of its obligations as if the CLIN or Task Order were fully funded as of the time of contract execution, while at the same time the Contractor is not authorized to continue

B-12 work beyond the point at which the total amount payable by the Government equals the total amount allotted to the contract; consequently, if the Contactor earns amounts payable at any time in performing work for the CLIN or Task

Order that exceed the total amount of funds allotted by the Government to the contract for the CLIN or Task Order:

(A) it (not the Government) will be liable for those excess amounts payable

(B) it will remain liable for its obligations under every term or condition of the contract and

(C) if it fulfills all of its obligations for that CLIN or Task Order and the

Government allots funds to the CLIN or Task Order equal to the CLIN’s or

Task Order’s fixed price, the Government will pay it the fixed price for the

CLIN or Task Order and no more.

(ii) The Contractor also agrees, for example, if the Government allots funds to a

CLIN or Task Order by the first funding date in the Planned Funding

Schedule, the Government has met all of its obligations up to that point as if the CLIN or Task Order were fully funded (that is, as if progress payments based on cost had been agreed to and had been made, or milestone payments had agreed to and been made, or etc.) and the Contractor retains all of its obligations up to that point (such as meeting delivery schedules, maintaining quality, etc.) as if the CLIN or Task Order were fully funded; consequently, if the Government subsequently terminates the CLIN or Task Order it will pay the Contractor the lower of the following two amounts: the amount allotted by the Government to the CLIN or Task Order; or the amount payable per the

Termination for Convenience (Fixed-Price) clause of this contract.

(h) The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that the amount payable it expects to earn for the CLIN or Task Order in the next 60 days, when added to all amounts payable previously earned, will exceed 75 percent of the total amount allotted to the CLIN or Task Order by the Government.

(1) The notification is for planning purposes only and does not change any obligation of either the Government or the Contractor.

(2) The Contractor is not authorized to continue work beyond the point at which the total amount payable by the Government equals the total amount allotted to the CLIN or

Task Order.

(3) The Government may require the Contractor to continue performance of that CLIN or

Task Order for as long as the Government allots funds for that CLIN or Task Order sufficient to cover the amount payable for that CLIN or Task Order.

(i) If the Government does not allot funds to a CLIN or Task Order per or earlier than its Planned

Funding Schedule, the Contractor will be entitled to an equitable adjustment and:

(1) the Government’s maximum obligation, including any termination obligation, to reimburse the Contractor remains limited to the total amount of funds allotted by the

Government to the contract for that CLIN or Task Order;

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(2) the Contractor is not authorized to continue work beyond the point at which the total amount payable by the Government, equals the total amount allotted to the contract;

(3) if the Government subsequently terminates the CLIN or Task Order, it will pay the

Contractor the lower of the following two amounts: the total amount of funds allotted by the Government to the contract for the CLIN or Task Order; or the amount payable per the Termination for Convenience (Fixed-Price) clause of this contract.

(j) Except as required by either other provisions of this contract specifically citing and stated to be an exception to this clause, or by, among other things, terminations, change orders, equitable adjustments, or unilateral or bilateral contract modifications specifically citing and stated to be an exception to this clause, for either CLIN or Task Order:

(1) The Government is not obligated to reimburse the Contractor in excess of the total amount allotted by the Government to this contract for the CLIN or Task Order; and

(2) The Contractor is not obligated to continue performance under this contract related to the CLIN or Task Order or earn amounts payable in excess of the amount allotted to the contract by the Government until the Contracting Officer notifies the Contractor in writing that the amount allotted by the Government has been increased and specifies an increased amount, which shall then constitute the total amount allotted by the

Government to the CLIN or Task Order.

(k) No notice, communication, or representation in any form, including, among other things, change orders, equitable adjustments, or unilateral or bilateral contract modifications, other than that specified in this clause, or from any person other than the Contracting Officer, shall affect the amount allotted by the Government to this contract for a CLIN or Task Order, which will remain at all times the Government’s maximum liability for a CLIN or Task Order. In the absence of the specified notice, the Government is not obligated to reimburse the Contractor for any amounts payable earned for a CLIN or Task Order in excess of the total amount allotted by the Government to this contract for a CLIN or Task Order, whether earned during the course of the contract or as a result of termination.

(l) Change orders, equitable adjustments, unilateral or bilateral contract modifications, or similar actions shall not be considered increases in the Government’s maximum liability or authorizations to the Contractor to exceed the amount allotted by the Government for a CLIN or Task Order unless they contain a statement increasing the amount allotted.

(m) Nothing in this clause shall affect the right of the Government to terminate this contract for convenience or default.

(n) Planned Funding Schedule:

The following table and requisite information shall be inserted by the Government in each fixed-priced Task Order to account for incrementally funded FFP CLINs:

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CLIN [TBD in each Task Order]:

CLIN Date Funds To Be

Allotted

Work To Be

Accomplished

Cumulative

Funds To Be

Allotted

Cumulative

Work To Be

Accomplished

(o) Actual Funding Schedule:

The following table and requisite information shall be inserted by the Government in each fixed-priced Task Order to account for incrementally funded FFP CLINs:

CLIN [TBD in each Task Order]:

CLIN Date Funds To Be

Allotted

Work To Be

Accomplished

Cumulative

Funds To Be

Allotted

Cumulative

Work To Be

Accomplished

NATIONWIDE DD&R– FINAL RFP SECTION C

C-1

Part I – The Schedule

Section C

Performance Work Statement

C-2

Contents

C.1 Transition/Task Order Implementation

C.1.1 Executive Summary

C.1.2 Transition Activities/Task Order Implementation

C.2 Program Support Services

C.2.1 Project Support Performance Requirements

C.2.1.1Project Management

C.2.1.2Project Integration and Control and Earned Value Management

C.2.1.3Performance Measurement Baseline

C.2.2 Project Performance Reporting

C.2.2.1Monthly Performance Report

C.2.2.2Project Review Meetings

C.2.2.3Cost Estimating

C.2.2.4Scheduling

C.2.2.5Risk Management

C.2.3 Environment, Safety, Health & Quality

C.2.3.1Worker Safety and Health

C.2.3.2Industrial Hygiene

C.2.3.3Beryllium Program

C.2.3.4Site Wide Safety Systems

C.2.3.5Radiation Protection

C.2.3.6Quality Assurance

C.2.3.7Training……………

C.2.3.8Environmental Regulatory Management

C.2.3.9Conduct of Operations

C.2.3.10Nuclear Safety

C.2.3.11Personal Property Management

C.2.3.12Government-Furnished Services and Information

C.2.3.13Records……………………………………………………………………………...19

C.2.3.14Contractor Assurance System

C.2.4 Security and Emergency

C.2.4.1Safeguards and Security Coordination

C.2.4.2Classified Visits

C.2.4.3Incidents of Security Concern

C.2.4.4Information Security

C.2.4.5Badging and Access Authorization (Clearance) Processing

C-3

C.2.5 Nuclear Material Control and Accountability (NMC&A)

C.2.6 Telecommunications

C.2.7 Emergency Services & Operations

C.2.8 External Affairs

C.2.9 External Review and Support

C.2.10 Business Performance Requirements

C.2.10.1Business Administration

C.2.10.2Internal Audit

C.2.10.3Employee Concerns Program (ECP)

C.2.10.4Strategic Partnership Projects

C.2.10.5Outgoing Transition

C.2.10.6Pensions & Retirement Health Benefits/Pensions

C.3 Deactivation, Decommissioning, and Removal (DD&R) of Facilities

C.3.1 Facility & Soil Characterization Program

C.3.2 DD&R of Facilities

C.3.3 Environmental Remediation Services

C.4 Waste Support Services

C-4

Contract Purpose and Overview

(a) One of the U.S. Department of Energy’s (DOE) strategic goals is to meet the challenges of cleaning up the nation’s Manhattan Project and Cold War legacy. To accomplish this goal, Environmental

Management (EM) must reduce environmental liabilities through accelerated cleanup of high-risk areas, resulting in risk reduction and returning land for its projected future use. This goal must be accomplished in a manner that is protective of human health and the environment (HHE).

(b) The purpose of this procurement is to establish a contract vehicle that DOE can utilize at sites nationwide to acquire timely, cost-effective, legally sound Deactivation, Decommissioning, and

Removal (DD&R) and associated support services to further the government’s mission toward reducing environmental liabilities. Work under this contract vehicle will support sites located across the United States and will comply with all applicable law and regulations. Using this contract vehicle, DOE EM plans to contract for DD&R work at various locations throughout the United States in support of the U.S. Department of Energy (DOE) including but not limited to Environmental

Management (EM) sites, National Nuclear Security Administration (NNSA), Office of Naval

Reactors (NR) and the Office of Science (SC).

(c) The various elements of each Task Order will have descriptive statements of DOE’s “desired outcome” associated with the performance of each element. That “desired outcome” statement is intended to provide the Contractor with insight regarding DOE’s planning perspective on the objectives that need to be accomplished in order to progress toward completion of cleanup. The term

“End State” is defined as the specified situation, including accomplishment of completion criteria, for an environmental cleanup activity at the end of the Task Order period of performance (POP).

(d) The Contractor is responsible for the performance of the Task Order(s) issued under the Contract including defining the specific methods, innovations, regulatory approach, and graded approaches for accomplishing all work to be performed and managing, integrating, and executing work described in this Performance Work Statement (PWS).

(e) The DOE’s goal is to efficiently optimize the scope, cost, and schedule associated with performance of all work while ensuring quality, protecting the safety of the workers, environment, and the public, to reduce EM’s environmental liability, which will result in meeting the Department’s strategic goals sooner.

(f) The Contractor shall comply with the current applicable regulatory requirements at various sites identified in each individual Task Order.

(g) Unless stated otherwise within each Task Order, the Contractor is assigned lead responsibility for coordination with the regulators to develop an optimum regulatory approach for work under each

Task Order. This authority does not authorize the Contractor to commit the Government without consulting with DOE and gaining its approval as the owner in advance of implementing any proposed changes to the regulatory approach. As part of this responsibility, the Contractor is encouraged to:

(1) Propose changes to the regulatory approach, in coordination with DOE, including changes to current regulatory end points to establish risk-based End States that maintain protection of HHE;

and,

(2) Propose innovations to regulatory strategies and processes that improve total performance.

(h) The Contractor shall not assume that each innovation will result in a change to the regulatory approach. Following consultation and approval by DOE, the Contractor is responsible for

C-5 coordinating with the appropriate site entity and/or regulator to include preparing and submitting all regulatory and supporting documentation. In addition, DOE will perform the following:

(1) Operate as the owner in coordination with the regulators to reach agreement on

Contractor-prepared regulatory and supporting documentation;

(2) Operate as the owner in coordination with the regulators to reach agreement on innovations that require changes to the regulatory approach;

(3) Review, approve, and/or certify, as required, all regulatory and supporting documentation;

(4) Prepare any additional National Environmental Policy Act (NEPA) analyses and/or documentation that may be required; and

(5) Provide existing safety basis documentation for Hazard Category 2 and 3 Facilities.

(i) The Government will conduct audits and surveillances of all aspects of the terms of this Contract to ensure compliance with the terms of this PWS. The results of all audits and surveillances will be resolved with the Contractor.

(j) DOE reserves the right to stop work in accordance with the Section H Clause DOE-H-2021, Work

Stoppage and Shutdown Authorization (Oct 2014)(Revised), if the Government determines that the

Contractor is not in compliance with the terms of the Contract.

(k) Accelerated cleanup (i.e., accomplishing cleanup more cost effectively and efficiently than planned) is a cooperative undertaking that requires the Contractor and the Government to seek innovative approaches to achieve the desired End States. This approach will require DOE and the Contractor to cooperate in creating an organizational culture to facilitate change and a mutual understanding of the technical approach and strategy that will lead to successful achievement of End States to be completed under this Contract. Streamlining the process, challenging requirements, and identifying efficiencies and performance improvements are critical to accomplishing accelerated cleanup.

The Contractor, in…