SECTION L - Moab RAC Draft RFP.pdf

MOAB RAC – DRAFT RFP – PROJECT COMPLETION SECTION L

SOLICITATION NO. 89303320REM000066

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IV – Representations and Instructions

Section L

Instructions, Conditions, and Notices to Offerors

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

This solicitation incorporates one (1) or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer (CO) will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses:

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

FAR/DEAR

Reference Title

Fill-In Information;

See FAR 52.104(d)

FAR 52.204-7 System for Award Management (Oct 2018)

FAR 52.204-16 Commercial and Government Entity Code

Reporting (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: 10.2%;

Female Goal: 6.9%

(e) (See Master IDIQ

Contract Section F.2)

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

Evaluation (Feb 1999)

FAR 52.222-46 Evaluation of Compensation for Professional

Employees (Feb 1993) (Note: The requirement for a

Total Compensation Plan is considered to be otherwise satisfied based on compliance with the proposal preparation instructions in this Section.)

FAR 52.237-1 Site Visit (Apr. 1984)

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

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

1988)

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

DEAR 952.233-5 Agency Protest Review (Sep 1996) https://www.acquisition.gov/far/ http://energy.gov/management/downloads/searchable-electronic-department-energy-acquisition-regulation http://energy.gov/management/downloads/searchable-electronic-department-energy-acquisition-regulation

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

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

(b) The use in this solicitation of any Department of Energy Acquisition Regulation (48 CFR Chapter 9) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

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

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

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

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

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

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

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

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

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

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

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

MoabRAC@emcbc.doe.gov not later than 20 calendar days prior to the proposal due date. If the

L-4 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.

L.9 Offer Acceptance Period

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

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

Alternate II (Oct 2015) (Revised)

(a) Definitions.

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

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

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

Offeror considers necessary to enhance its team’s Technical and Management Proposal or ability to meet delivery requirements within the Master IDIQ PWS.

(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/moabrac/. 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.

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(2) Offerors must submit proposals electronically through FedConnect by the date and time specified in Standard Form 33, Solicitation, Offer and Award, in Section A of this solicitation and other provisions of Section L. It is imperative that the Offeror read and understand how to submit its proposal using the FedConnect web portal. All proposal documents required by this solicitation must be uploaded and received in their entirety in the FedConnect Responses web portal no later than the date and time specified in Standard Form 33, Solicitation, Offer and Award, in Section A of this solicitation. Failure to submit a response that is received through the FedConnect

Responses web portal by the stated time and date may result in the proposal not being considered.

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

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

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

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

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

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

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

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

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

U S. Department of Energy

Attention: Michael Forsgren, Contracting Officer

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

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

RFP No. 89303320REM000066

E-mail: michael.forsgren@emcbc.doe.gov

Phone: 513-430-8536

Note: Offerors delivering proposals via hand-carry or Express Mail to the above address should arrange for delivery between the hours of 1000-1400 (10AM to 2PM) Eastern Standard Time and contact the

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

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

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

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

Offeror. Use of reproductions of signed originals is authorized in all other copies of the proposal.

The original, signed, hard copy submission of the proposal shall be considered the Offeror’s official offer and will be considered binding.

Proposal Volume – Title

Number of Hard Copy Proposals

Required

Number of USB

Flash Drives

Required

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

Volume II – Technical and Management Proposal 1 signed original and 5 copies 3

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

(d) Solicitation instructions and proposal information.

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

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

(e) Proposal volumes and page limitations.

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

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

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

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

(2) All attachments, annexes, and appendices shall be counted toward any page limitation set forth below, unless otherwise stated. The following do not count toward the page limitations: table of contents, title pages, glossary, divider tabs, blank pages, and the cross reference matrix.

Those pages that exceed the limits set forth in each factor below will not be considered in the evaluation; page counting will begin with the first page of each volume and continue up to the

L-7 page limitation. No material may be incorporated by reference as a means to circumvent the page limitations.

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

(f) Proposal specifications.

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

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

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

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

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

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 and by individual sections within each volume.

(6) File format. Files submitted shall be readable and searchable using Microsoft® Word®, Excel®, or Adobe® portable document format file (PDF) (must be in a searchable format, not scanned) except for scanned Volume I signed documents and the following specific Volume III files:

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

(portable document format files are required).

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

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

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

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

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

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

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

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

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

(h) Questions.

(1) Questions regarding this solicitation must be submitted to MoabRAC@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 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 MoabRAC@emcbc.doe.gov.

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

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

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

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(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.

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

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

2015)

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

(b) General. Volume I – Offer and Other Documents, contains the offer to enter into a contract and other documents. The signed original(s) of all documents requiring signature by Offerors shall be contained in the original Volume I. Offerors shall include the information listed in the following paragraphs in

Volume I, assembled in the order listed. In cases where the Offeror is required to fill in information in a contract clause, the Offeror shall submit only those pages that require input of information or a signature. Those specific areas are:

(1) Section B:

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

(2) Section H:

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

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

2014) (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 52.223-3, Hazardous Material Identification and Material Safety Data (Jan 1997) –

Alternate I (Jul 1995)

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

(4) Section J:

(i) Attachment J-X, “IDIQ Labor Rate Schedule” (Attachment L-6, “Cost and Fee/Profit

Elements Workbook”)

(5) Task Fill-Ins

(i) Attachment L-7, “Contract Transition Task Order”

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

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

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

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

SF 33.

(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.

(6) Offeror’s Authorized Participants – Virtual Oral Problem Scenarios and Oral Interview. Offerors shall provide the name, employer/company, and email address of the Offeror’s authorized key personnel participants for the Oral Problem Scenarios and Oral Interview. The Offeror shall also provide the name, employer/company, and email address of the Offeror’s authorized non-key personnel participant to provide IT technical support for the virtual platform connection and equipment; and/or persons required to assist any of the key personnel with disabilities.

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

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

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

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

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

(ii) Teaming agreement(s) and operating agreement (if applicable), that will remain in effect after any contract award, that describe the business arrangement between the parent or member

L-11 company(ies) of the Offeror, including the identity of the one member/partner who has the majority interest in the Offeror.

(f) Representations and certifications.

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

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

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

Section K.

(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) Performance guarantee agreement.

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

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

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

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

Corporate Official and Corporate Board of Directors.

(j) Organizational Conflicts of Interest (OCI).

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The Offeror, including each entity participating in a joint venture, limited liability company (LLC), or teaming agreement thereof as defined in FAR 9.601(1), as well as any Teaming Subcontractor(s), shall provide a fully executed Section K.X, Organizational Conflicts of Interest Disclosure, and any necessary statements required by the provision. If the Offeror believes there is an existing or potential OCI, the Offeror shall submit an appropriate draft OCI mitigation plan with its proposal. If the Department identifies an existing or potential OCI, the Offeror shall submit any information requested by the Department, including a draft OCI mitigation plan. If the Department requires additional explanation or interpretation regarding the proposed mitigation plan for evaluation purposes, this would be handled as clarifications or communications with Offerors, in accordance with subsections (a) and (b) of FAR 15.306, Exchanges with Offerors After Receipt of Proposals.

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

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

(k) Equal opportunity compliance.

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

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

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

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

L.12 DOE-L-2003 Proposal Preparation Instructions, Volume II – Technical and

Management Proposal – General (Oct 2015) (Revised)

(a) The Technical and Management Proposal (Volume II), consists of written information to allow

Offerors to demonstrate their approach and capabilities to perform the prospective contract.

The instructions contained in this and other provisions of the solicitation are provided to assist

Offerors in preparing their proposals and are not evaluation factors, however failure to comply with these instructions may result in a deficient proposal. The Technical and Management Proposal will be evaluated in accordance with the evaluation factors stated in Section M entitled, Evaluation Factors for Award.

(b) Offerors shall address, in the Technical and Management Proposal, those areas contained in the respective Section L provisions below. Each of these areas corresponds to the evaluation factors contained in Section M of the solicitation.

(c) The Technical and Management Proposal shall comply with the requirements contained in the provision at DOE-L-2001 entitled, Proposal Preparation Instructions, general and other applicable provisions of the solicitation, including any required format and page limitations. Offerors shall be specific and complete in addressing the information required to be included in the Technical and

Management Proposal. Moreover, the Offeror shall not merely restate the work scope and/or other solicitation requirements in its Technical and Management Proposal.

(d) The Offeror’s proposal submission, including Volumes II and III, shall include “Teaming

Subcontractors” as defined in DOE-L-2001, Proposal Preparation Instructions – General, Section

(a)(2).

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(e) No cost or price information shall be included in the Volume II, Technical and Management Proposal.

L.13 Proposal Preparation Instructions, Volume II – Management Approach

Factor 1: Management Approach (The Management Approach section shall not exceed 25 pages, exclusive of the schedule and the organizational charts. The schedule is limited to 6 pages or 3 foldouts and the organizational charts are limited to four pages or two foldouts.)

Offerors shall include the following information in the Volume II - Technical and Management Proposal, related to the Offeror’s proposed management approach to the Master IDIQ:

(a) The Offeror shall provide a Closure Strategy that describes how it will effectively and efficiently implement all elements of the Master IDIQ Performance Work Statement (PWS) and achieve Project completion. The Closure Strategy shall describe how the Offeror will coordinate and sequence RRM excavation and placement while implementing all of the PWS requirements to minimize costs and schedule and meet all Project completion requirements. The Closure Strategy shall describe the details of the planned excavation methods, the excavation sequence based on optimizing placement of

RRM and debris in the cell at Crescent Junction, mixing of slimes and sands, preparation and management of drying beds, size reduction or preparation of oversize debris, transportation and placement of RRM, and cell cover construction. The Offeror shall describe any proposed operational, technical, or administrative process improvements, including any graded approach to the PWS requirements, necessary to achieve the contract’s scope or its purposes described at Master IDIQ

Contract Section C.1.2. To support its Closure Strategy, the Offeror’s management approach shall include, but not be limited to: an organizational structure chart including the number of staff occupying each position; a description of, and basis for, the number of daily and weekly work shifts;

and a description of, and basis for, any seasonal changes in site operations.

(b) The Offeror shall provide a schedule that illustrates its Closure Strategy. Within the schedule, the

Offeror shall clearly identify the critical activities to complete the scope, activity durations, the sequence and timing of the work, and beginning and end dates. Activities shall include the work scope described in PWS Sections C.4.2 (except C.4.2.3 and C.4.2.8) and C.4.3. No cost or price information shall be included within the integrated schedule.

(c) Contract Transition Approach. The Offeror shall fully describe its approach to achieve the Contract

Transition Task Order requirements, including Contractor Human Resource Management (CHRM) requirements in Section H, for the safe, effective, and efficient transfer of responsibility for execution of the Master IDIQ contract with little or no disruption to ongoing operations.

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

Factor 2: Key Personnel (The Key Personnel section shall not exceed 5 pages, exclusive of resumes and letters of commitment. The key personnel resumes are limited to four pages for each resume.)

Offerors shall include the following information in the Volume II - Technical and Management Proposal, related to the proposed key personnel:

(a) Key personnel. The Offeror shall propose the required Program Manager, Moab Operations/Site

Manager (individual primarily responsible for technical implementation of its Closure Strategy), and Crescent Junction Operations/Site Manager; and the Offeror may propose other key personnel which will be incorporated into the Master IDIQ Contract through the clause at DOE-

H-2070, Key Personnel. Only one individual may be proposed for each key personnel position.

It is recognized that the number and functions of key personnel will be dependent on the organizational structure of the individual Offeror and the manner in which the Offeror proposes to

L-14 perform the work. The Offeror shall not provide the names or qualifications of any non-key personnel.

(1) The Offeror shall provide the rationale for the selection of the proposed non-required key personnel positions regarding why they are essential to the successful performance of the entire

Master IDIQ PWS and the optimal team for execution of the Master IDIQ PWS.

(2) The Offeror shall describe the key personnel team (i.e., the collective of all key personnel positions that the offeror proposes to use in contract performance) make-up that demonstrates the elements in paragraph (d) below.

(3) The Offeror shall identify the organization that will employ each of the key personnel during performance of the contract, e.g., Offeror, Offeror affiliates, teaming partners, or Teaming

Subcontractors.

(4) The Offeror shall confirm the availability of the key personnel as being full-time assigned to the contract and that their permanent duty station is located in the local surrounding area.

Failure of the Offeror to propose the required key personnel position(s), or to confirm the availability of the key personnel as being full-time assigned to the contract and that their permanent duty station is located in the local surrounding area will adversely affect the

Government’s evaluation of the proposal and may make the proposal ineligible for award.

(b) Resume.

(1) The Offeror shall provide written resumes for all proposed key personnel in the format shown in

Attachment L-2. The resume shall describe the key person's education, relevant experience, accomplishments, and other information supporting the individual's qualifications and suitability for the proposed position. The resume shall address the following:

(i) Relevant DOE, commercial, and/or other Government experience in performing work similar to the work to be performed in their proposed position, including leadership and other accomplishments, with emphasis on closure project and completion-type contract work;

(ii) Education, specialized training, certifications, and licenses that support the suitability for the proposed position; and

(iii) Three references having direct knowledge of the qualifications of the proposed key person.

(2) By submission of each resume, the key person and Offeror authorize DOE to contact any references, previous employers, or clients to verify the accuracy of information provided in the resume and to further assess each individual's suitability for the proposed position. DOE may contact any or all of the references, previous employers, or clients as a part of its evaluation of the key personnel.

(c) Letter of commitment. A letter of commitment shall be submitted for each individual proposed as a key person. Each key person shall sign the letter stating that the information contained in the resume, submitted as part of the proposal, is true and correct; and the individual will unconditionally accept employment in the key position identified in the proposal beginning on the date the Notice to Proceed

(NTP) is issued for a period of time commensurate with the functional position as defined in DOE-H-

2070, Key Personnel – Alternate I. The Letter of Commitment shall state as follows:

“I hereby certify that the resume submitted as part of the proposal is true and correct, and

_________________ (insert name of individual proposed) will accept the proposed position of _________________ (insert name of proposed position) if ___________________ (insert

L-15 name of Offeror) receives the award and will perform in the proposed position for minimum of three years (consistent with DOE-H-2070) beginning on the date the Notice to Proceed is issued for the Transition Period of the contract. I also hereby certify that I will be assigned full-time to the contract and my permanent duty station will be located within the local surrounding area.”

Failure to submit a signed letter of commitment for each proposed key person will adversely affect the Government's evaluation of the proposal.

(d) Key Personnel Team. The Offeror shall provide information for the Key Personnel team that demonstrates the depth and breadth of the following elements: (i) Experience in promoting and enabling change within an organization; (ii) Demonstrated professional career growth or progression within the last five (5) years; (iii) Recent and relevant management experience in direct project execution in the field; (iv) Experience at partnering and good-faith negotiations with client(s) that achieved measurable performance improvements; (v) Experience in developing innovative technical approaches to implement a strategy; (vi) Experience performing under an incentive-based or firm-fixed-price contractual arrangement; (vii) Experience in employee incentive program design and implementation; and (viii) Mixture of experience in commercial and public projects. More recent experience in these elements may be given greater consideration. While it is not expected that each key person will possess each of these elements, the Key Personnel team collectively should demonstrate each of them.

(e) Oral problem scenarios – key personnel, and oral interview – Program Manager.

(1) Oral problem scenarios – key personnel.

DOE will conduct oral problem scenarios with each Offeror’s proposed key personnel team. DOE may utilize virtual procedures to conduct the oral problem scenarios with each Offeror’s proposed key personnel team. All of the Offeror’s proposed key personnel shall actively participate in the oral problem scenarios and be physically present. If virtual procedures are utilized, it will be at the discretion of the Offeror as to whether the key personnel team is collocated. No substitutions will be allowed to participate in lieu of the named, proposed key personnel. No other personnel representing the Offeror will be allowed to attend. However, persons and/or service animals required to assist any of the key personnel with disabilities may attend when accompanying that attendee. If virtual procedures are utilized, the Offeror may also authorize one non-key personnel participant to provide Information Technology (IT) technical support with the virtual platform connection and equipment.

The problem-solving scenarios will include a technical and/or managerial problem or challenge, representative of the activities to be performed under the contract. The scenarios will allow the

Offeror to demonstrate its key personnel’s leadership, teamwork, communications, knowledge of the Master IDIQ PWS, quality of the technical and managerial solution(s) to the problems, and problem-solving capabilities both individually and as a team. The key personnel team will be allowed time to analyze the problem, prepare a response, and present its response; however, the team will not be allowed to ask DOE questions. The scenarios will not be provided to Offerors in advance of the oral problem scenarios. Offerors may not present any formal presentation prepared in advance.

(2) Oral interview – Program Manager

(i) DOE will conduct an oral interview with each Offeror’s proposed Program Manager for the purpose of determining this individual’s qualifications and suitability, including leadership capability for the proposed position and experience working on a closure

L-16 project and completion-type contract. DOE may utilize virtual procedures to conduct the oral interview with each Offeror’s proposed Program Manager.

(ii) A question and answer, oral interview format will be used. A set of questions will be asked of each Offeror’s Program Manager. Questions will not be provided to Offerors in advance. Offerors may not present any formal presentation prepared in advance. The interview will be conducted during a period of up to 60 minutes.

(3) Logistics.

(i) The Offeror shall not bring into the presentation room any presentation or reference material including the written proposal or electronic equipment (e.g., computers/laptops, cell phones, cameras, and video or audio recording equipment), other than the computer required to host the web-based conference platform being utilized for the oral problem scenarios and oral interview if conducted virtually. The key personnel shall not reach back, by phone/conference bridge, e-mail, or any other means, to any other personnel or persons for assistance during the oral problem scenarios and oral interview. If virtual procedures are utilized, the key personnel team may utilize the viewable chat function within the virtual platform during the oral problem scenarios.

(ii) DOE may make a recording of the oral problem scenarios and oral interview, including the Offeror’s preparations for the oral problem scenarios. After award, a copy of the video recording may be provided to the Offeror upon request. Any type of recording of the oral problem scenarios and oral interview by Offerors is strictly prohibited.

(iii) By participating in the oral problem scenarios and oral interview, the Offeror attests that it is in full compliance with all solicitation terms and conditions, in accordance with applicable laws and statutes.

(iv) Unless conducted virtually, DOE will provide flip-charts, sketch or legal pads, and markers for the Offeror’s key personnel to use during the oral problem scenarios and oral interview. All presentation materials used will be retained by DOE.

(v) If conducted virtually, Offerors may elect to utilize white boards or flip charts and markers during the oral problem scenarios and the Offeror also may…