89303320REM000073 Amendment 0001.pdf

(x)

89303320REM000073

x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Carlsbad NM 88221

03003

P.O. Box 3090 Carlsbad Project Office U.S. Department of Energy EMCBC - Carlsbad

Cincinnati OH 45202 550 Main Street, Room 7-010

893033

EM Consolidated Business Center U.S. Department of Energy

EMCBC

EM -Environmental Mgmt Con Bus Ctr

12/11/20200001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

10/29/2020

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Wilmari C. Delgado

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

12/11/2020

Solicitation # 89303320REM000073 Carlsbad Technical Assistance Contract (CTAC) Amendment 0001 Summary of Changes

The purpose of this amendment is to amend solicitation 89303320REM000073, Carlsbad Technical Assistance Contract (CTAC), as described below and incorporated in the conformed copy of the solicitation. All other sections of the Final RFP remain unchanged. Offerors are responsible for reviewing the redline and final conformed copy of the solicitation to ensure incorporation of the requirements identified therein.

Amendment 0001 to 89303320REM000073 is as follows:

Number RFP Section Reference

Change from: Change to:

1. Section A;

SF33 Block 9

[Due date for Offers extended to 1700 ET on 12/23/2020]

2. Section A;

SF33

Block 12

…the undersigned agrees, if this offer is accepted within _____180_________ calendar days…

…the undersigned agrees, if this offer is accepted within _____270_________ calendar days…

3. Section B.1(b) For work performed by the Contractor’s employees and/or subcontractor employees, the labor categories, direct-productive-labor-hours (DPLH) and fixed labor rates in Table B.2(3), IDIQ Schedule of Fully Burdened Labor Rates below shall apply. The Contractor shall provide the DPLH at the fixed-hourly rates shown in Table B.2(3) segregated by performing entity. The qualifications for the labor categories are identified in Section J, Attachment J-3, Position Qualifications and Job Descriptions.

For work performed by the Contractor’s employees and/or subcontractor employees, the labor categories, direct-productive-labor-hours (DPLH) and fixed labor rates in Attachment J-7 IDIQ Rates shall apply. The Contractor shall provide the DPLH at the fixed-hourly rates shown in Attachment J-7 IDIQ Rates segregated by performing entity.

The qualifications for the labor categories are identified in Section J, Attachment J-3, Position Qualifications and Job Descriptions.

Number RFP Section Reference

Change from: Change to:

4. Section B.6(a) & (b)

(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 issued under CLIN 01000 may be

(b) incrementally funded; and if a task order is incrementally funded, in the event of termination before it is fully funded the Government’s maximum liability for the task order will be the lower of the amount of funds allotted to the task order or the amount payable to the Contractor per the Termination for Convenience (Fixed-Price) clause of this contract. For each task order there is:

(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 issued under CLIN 01000 may be incrementally funded; and if a task order is incrementally funded, in the event of termination before it is fully funded the Government’s maximum liability for the task order will be the lower of the amount of funds allotted to the task order or the amount payable to the Contractor per the Termination for Convenience (Fixed-Price) clause of this contract. For each task order there is:

[And renumber remaining paragraphs accordingly]

5. Section C.2.4.4; Third Paragraph;

Third Sentence

The contractor will assist in the controls CBFO funds utilization including records on allotments maintained by EMCBC and CBFO, commitments, and the financial status for operating activities, capital equipment, Capital Asset Projetcs, general plant projects, and smaller projects.

The contractor will assist in the controls CBFO funds utilization including records on allotments maintained by EMCBC and CBFO, commitments, and the financial status for operating activities, capital equipment, Capital Asset Projects, general plant projects, and smaller projects.

6. Section H.10(a)(6)

Water Efficient Products (EPA WaterSense Labeled Products).

Water Efficient Products (EPA Water Sense Labeled Products).

7. Section H.36(f)(2)(ii)

A total firm-fixed-price utilizing the established full-burdened labor rates in Section B.2(b), Table B.2(3): IDIQ Schedule of Fully Burdened Labor Rates and the proposed task specific number of hours for the completion of the work described in the SOW of the task order by the schedule of performance. The firm-fixed-price proposed by the Contractor shall incorporate all anticipated costs including fully-burdened labor, travel, material, equipment and other direct costs. In addition, the firm-fixed-price shall include any indirect costs and profit associated with the travel, material, equipment and other direct costs;

A total firm-fixed-price utilizing the established full-burdened labor rates in Attachments J-7 T&M Rates and J-7 IDIQ Rates and the proposed task specific number of hours for the completion of the work described in the SOW of the task order by the schedule of performance. The firm-fixed-price proposed by the Contractor shall incorporate all anticipated costs including fully burdened labor, travel, material, equipment and other direct costs. In addition, the firm-fixed-price shall include any indirect costs and profit associated with the travel, material, equipment and other direct costs;

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8. Section H.36(f)(2)(iii)

The Contractor shall include a detailed breakdown of direct labor hours for each labor category performing the task order work. The Contractor shall determine the total direct labor costs by totaling the number of labor hours for each labor category and then multiplying by the appropriate fully-burdened labor rate from Section B.2(b), Table B.2(3): IDIQ Schedule of Fully Burdened Labor Rates;

The Contractor shall include a detailed breakdown of direct labor hours for each labor category performing the task order work. The Contractor shall determine the total direct labor costs by totaling the number of labor hours for each labor category and then multiplying by the appropriate fully burdened labor rate from Attachment J-7 IDIQ Rates;

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9. Section H.36(f)(3)

The Contractor’s Task Order Proposal for Time-and- Materials (T&M) task orders shall, in addition to the minimum requirements found in (f)(1) above, include:

(vii) The date of commencement of work and any necessary revision to the schedule of performance stipulated by the Government;

(viii) A total ceiling price utilizing the established fully-burdened labor rates in Section B.2(b), Table B.2(3): IDIQ Schedule of Fully Burdened Labor Rates and the proposed not-to-exceed number of hours to perform the work described in the SOW of the task order for the entire task order period of performance. The ceiling price proposed by the Contractor shall incorporate all anticipated costs including fully-burdened labor, travel, material, equipment and other direct costs. In addition, the ceiling price shall include any indirect costs and profit associated with the travel, material, equipment and other direct costs;

(ix) Direct Productive Labor Hours (DPLH), on an annual basis by the applicable labor category, and the total number of labor hours, estimated to be necessary to perform the work. The Contractor shall determine the total direct labor costs by totaling the number of labor hours for each labor category and then multiplying by the appropriate fully-burdened labor rate from Section B.2(b), Table B.2(3): IDIQ Schedule of Fully Burdened Labor Rates;

(x) Resumes for all proposed personnel with sufficient information to show that they at least meet the minimum qualifications of the labor categories for which they are being proposed;

(xi) Other Direct Costs (e.g., Materials, Supplies, Equipment, Software Licenses, Training, Travel). The

The Contractor’s Task Order Proposal for Time-and- Materials (T&M) task orders shall, in addition to the minimum requirements found in (f)(1) above, include:

(i) The date of commencement of work and any necessary revision to the schedule of performance stipulated by the Government;

(ii) A total ceiling price utilizing the established fully-burdened labor rates in Attachment J-7 IDIQ Rates and the proposed not-to-exceed number of hours to perform the work described in the SOW of the task order for the entire task order period of performance. The ceiling price proposed by the Contractor shall incorporate all anticipated costs including fully-burdened labor, travel, material, equipment and other direct costs. In addition, the ceiling price shall include any indirect costs and profit associated with the travel, material, equipment and other direct costs;

(iii) Direct Productive Labor Hours (DPLH), on an annual basis by the applicable labor category, and the total number of labor hours, estimated to be necessary to perform the work. The Contractor shall determine the total direct labor costs by totaling the number of labor hours for each labor category and then multiplying by the appropriate fully-burdened labor rate from Attachment J-7 IDIQ Rates;

(iv) Resumes for all proposed personnel with sufficient information to show that they at least meet the minimum qualifications of the labor categories for which they are being proposed;

(v) Other Direct Costs (e.g., Materials, Supplies, Equipment, Software Licenses, Training, Travel). The Contractor shall include a detailed breakdown of all Other Direct Costs (ODCs) required to perform the task order work. The Contractor shall propose all travel in accordance

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Contractor shall include a detailed breakdown of all Other Direct Costs (ODCs) required to perform the task order work. The Contractor shall propose all travel in accordance with FAR 31.205-46 – Travel Costs, and established Per Diem Rates. The Contractor shall provide a breakout of all travel by number of travelers, number of days, origination and destination locations, allowable per diem rates, airfare, and other details to fully support the proposed travel costs;

(xii) Other pertinent information.

with FAR 31.205-46 – Travel Costs, and established Per Diem Rates. The Contractor shall provide a breakout of all travel by number of travelers, number of days, origination and destination locations, allowable per diem rates, airfare, and other details to fully support the proposed travel costs;

(vi) Other pertinent information.

10. Section I.41 FAR 52.222-17 | Nondisplacement of Qualified Workers

(MAY 2014)

[RESERVED]

[Note: See FAC 2020-06, FAR Case 2020-001; 85 FR 27087 June 5, 2020]

11. Section J, Attachment J- 2, Table J-2

Program Manager Non-exempt

QA Manager Non-exempt

QA Assistant Manager Non-exempt

Administrative Assistant I Exempt

Administrative Assistant II Exempt

Administrative Assistant III Exempt

Corrective Action Manager Non-exempt

Business Operations Manager Non-exempt

Program Manager Exempt

QA Manager Exempt

QA Assistant Manager Exempt

Administrative Assistant I Non-exempt

Administrative Assistant II Non-exempt

Administrative Assistant III Non-exempt

Corrective Action Manager Exempt

Business Operations Manager Exempt

12. Section K.5 Note: Because this procurement falls under the Savannah River security cognizance, a SRS 383 form will need to be included as well.

[Text removed]

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13. Section L [Page numbering issue corrected throughout Section L]

14. Section L.3(g)(6)(iv)

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

[RESERVED]

15. Section L.3(i)(1)

Questions regarding this solicitation must be submitted to cbfo-tac@emcbc.doe.gov no later than 7 (seven) calendar days after issuance of the requests for proposals.

Questions regarding this solicitation must be submitted to cbfo-tac@emcbc.doe.gov no later than Friday, November 13, 2020

16. Section L.4(a)(1)

Section B.2, Contact Line Item Structure [Tables B.2(2), Total Contract Value and B.2(3), IDIQ Schedule of Fully Burdened Labor Rates (Labor categories, DPLH, fixed labor rates and Extended Price applicable for ordering)];

Section B.2, Contact Line Item Structure [Attachments J-7 T&M Rates and J-7 IDIQ Rates (Labor categories, DPLH, fixed labor rates and Extended Price applicable for ordering)];

mailto:cbfo-tac@emcbc.doe.gov mailto:cbfo-tac@emcbc.doe.gov

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17. Section L.4(j) Facility Clearance verification. (Revised) The Offeror shall submit the following for the Offeror, JV/LLC member(s), and Teaming Subcontractors (if applicable) who will perform work under a contract resulting from this solicitation and require access authorizations (see Section L provision entitled, DEAR 952.204-73, Facility Clearance): (1) DOE Facility Clearance code or your Department of Defense (DOD) assigned Commercial and Government Entity (CAGE) code; (2) the date the Offeror’s, JV/LLC member(s)’, and Teaming Subcontractor’s (if applicable) completed Standard Form 328 was submitted, and (3) the date of the Contracting Officer’s affirmative FOCI determination. If the Offeror, JV/LLC member(s), or any of its Teaming Subcontractors (if applicable) do not possess such a CAGE code or DOE/NRC facility clearance number, the Offeror, JV/LLC member(s), and Teaming Subcontractor (if applicable) shall submit FOCI information in accordance with the Section L provision entitled, DEAR 952.204-73, Facility Clearance. Further information is available at https://foci.anl.gov/. All Offerors, JV/LLC member(s), and Teaming Subcontractors (if applicable) that do not possess a CAGE code or DOE/NRC Facility Clearance number, shall complete the required entries into the DOE Foreign Ownership, Control, or Influence (FOCI) Electronic Submission System (ESS) located at https://foci.anl.gov/.

Use of the DOE FOCI ESS is mandatory for all Offerors, JV/LLC member(s), and Teaming Subcontractors (if applicable) that do not possess a Facility Clearance. Be sure to designate Key Management Personnel (KMP) (specific to FOCI only; this is not the same as Key Personnel as defined in Section H) in e-FOCI that hold the appropriate security clearance level as required by the

Facility Clearance verification. (Revised) The Offeror shall submit the following for the Offeror, JV/LLC member(s), and Teaming Subcontractors (if applicable) who will perform work under a contract resulting from this solicitation and require access authorizations (see Section L provision entitled, DEAR 952.204-73, Facility Clearance): (1) DOE Facility Clearance code or your Department of Defense (DOD) assigned Commercial and Government Entity (CAGE) code; (2) the date the Offeror’s, JV/LLC member(s)’, and Teaming Subcontractor’s (if applicable) completed Standard Form 328 was submitted, and (3) the date of the Contracting Officer’s affirmative FOCI determination. If the Offeror, JV/LLC member(s), or any of its Teaming Subcontractors (if applicable) do not possess such a CAGE code or DOE/NRC facility clearance number, the Offeror, JV/LLC member(s), and Teaming Subcontractor (if applicable) shall submit FOCI information in accordance with the Section L provision entitled, DEAR 952.204-73, Facility Clearance. Further information is available at https://foci.anl.gov/. All Offerors, JV/LLC member(s), and Teaming Subcontractors (if applicable) that do not possess a CAGE code or DOE/NRC Facility Clearance number, shall complete the required entries into the DOE Foreign Ownership, Control, or Influence (FOCI) Electronic Submission System (ESS) located at https://foci.anl.gov/. Use of the DOE FOCI ESS is mandatory for all Offerors, JV/LLC member(s), and Teaming Subcontractors (if applicable) that do not possess a Facility Clearance. Teaming Subcontractor(s) that will not require access authorizations consistent with DEAR 952.204-73 are not required to submit the information contained within this provision, and the Offeror’s proposal shall clearly state that the Teaming Subcontractor(s) will not https://foci.anl.gov/ https://foci.anl.gov/ https://foci.anl.gov/ https://foci.anl.gov/

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scope of work and for the facility clearance. At a minimum, KMP must include the positions of the President and Facility Security Officer (FSO). If any member of the Offeror (including Teaming Subcontractors) is under FOCI, the Offeror shall submit a draft FOCI Mitigation Plan for review by the appropriate Cognizant Security Office (CSO). If the CSO has questions regarding any of the FOCI Verification, Facility Clearance Information, and/or the draft FOCI Mitigation Plan, it may reach out to the Offeror during the evaluation process for clarifications.

Note: This will not constitute “negotiations” (or “discussions”) as defined in paragraph (d) of FAR 15.306, Exchanges with Offerors After Receipt of Proposals or obligate the Government to conduct discussions; nor constitute a “proposal revision” as defined in FAR 15.001.

require access authorizations for the work proposed to be performed by the Teaming Subcontractor(s). Be sure to designate Key Management Personnel (KMP) (specific to FOCI only; this is not the same as Key Personnel as defined in Section H) in e-FOCI that hold the appropriate security clearance level as required by the scope of work and for the facility clearance. At a minimum, KMP must include the positions of the President and Facility Security Officer (FSO). If any member of the Offeror (including Teaming Subcontractors) or Tier Parents of the Offeror are under FOCI, the Offeror shall submit a draft FOCI Mitigation Plan for review by the appropriate Cognizant Security Office (CSO). If the CSO has questions regarding any of the FOCI Verification, Facility Clearance Information, and/or the draft FOCI Mitigation Plan, it may reach out to the Offeror during the evaluation process for clarifications. Note: This will not constitute “negotiations” (or “discussions”) as defined in paragraph (d) of FAR 15.306, Exchanges with Offerors After Receipt of Proposals or obligate the Government to conduct discussions; nor constitute a “proposal revision” as defined in FAR 15.001.

Offerors, JV/LLC member(s), and Teaming Subcontractors (if applicable) are encouraged to transmit FOCI information before the deadline for proposal submission. Under the DOE FOCI ESS, electronic signatures cannot be accepted; thus, the signed original SF-328 executed in accordance with the form’s instructions, and any other forms requiring a signature or seal shall be printed, signed, and submitted to the federal FOCI Operations Manager at the mailing address provided in the system. When filling out the New User Registration information in the DOE FOCI ESS, select “Savannah River Site – EMCBC” as the FOCI Office that will review your submission for this solicitation when it is

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completed. Include the solicitation name and number in the “Reason for Request” field. If the Department identifies missing information, the Offeror shall submit any information requested by the Department (FOCI Manager or CO) as soon as possible.

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18. L.5 [This clause will be included, with deviations, via amendment to the RFP.]

DEAR 952.204-73 Facility Clearance (Aug 2016) (Deviation)

Notices to Offerors and the Contract Requirements of the Successful Offeror (Contractor)

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

An offeror who has either a Department of Defense or a Department of Energy Facility Clearance generally need not resubmit the following foreign ownership, control and influence information unless specifically requested to do so. Instead, provide your DOE Facility Clearance code or your DOD assigned commercial and government entity (CAGE) code. If uncertain, consult the office that issued this solicitation.

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

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

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Clearance the Contractor must submit the Standard Form 328, Certificate Pertaining to Foreign Interests, and all required supporting documents to form a complete Foreign Ownership, Control or Influence (FOCI) Package.

The Contractor must submit the FOCI Package in the format directed by DOE. After the FOCI Package is completed, the Contractor must print and sign one copy of the SF 328 and submit it to the Contracting Officer.

(2) Information submitted by the offeror in the Standard Form 328 will be used solely for the purposes of evaluating foreign ownership, control or influence and will be treated by DOE, to the extent permitted by law, as business or financial information submitted in confidence.

(3) Following submission of a Standard Form 328 and prior to contract award, the successful offeror/Contractor shall immediately submit to the Contracting Officer written notification of any changes in the extent and nature of FOCI information it submitted that could affect its answers to the questions in Standard Form 328.

Following award of a contract, the Contractor must immediately submit to the cognizant security office written notification of any changes in the extent and nature of FOCI information it submitted that could affect its answers to the questions in Standard Form 328. Notice of changes in FOCI information that are required to be reported to the Securities and Exchange Commission, the Federal Trade Commission, or the Department of Justice must also be reported concurrently to the cognizant security office.

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(b) Definitions.

(1) Foreign Interest means any of the following—

(i) A foreign government, foreign government agency, or representative of a foreign government;

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

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

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

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

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(1) A favorable foreign ownership, control, or influence (FOCI) determination based upon the Contractor's response to the ten questions in Standard Form 328 and any required, supporting data provided by the Contractor;

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

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

(4) An established Reporting Identification Symbol code for the Nuclear Materials Management and Safeguards Reporting System if access to nuclear materials is involved;

(5) A survey conducted no more than 6 months before the Facility Clearance date, with a composite facility rating of satisfactory, if the facility is to possess classified matter or special nuclear material at its location;

(6) Appointment of a Facility Security Officer, who must possess or be in the process of obtaining an access authorization equivalent to the Facility Clearance; and, if applicable, appointment of a Materials Control and Accountability Representative; and

(7) Access authorizations for key management personnel who will be determined on a case-by-case basis, and who possess or are in the process of obtaining access authorizations equivalent to the level of the Facility Clearance.

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(d) Facility Clearance and Employees Requiring Access Authorizations Prior to DOE’s Granting Facility Clearance.

(1) A Facility Clearance is required for this contract, although not necessarily prior to contract award.

A favorable FOCI determination for this contract is required prior to contract award. It must be rendered by the responsible cognizant security office. The Contracting Officer may require the offeror to submit additional information as deemed pertinent to this determination.

(i) The DOE must determine that awarding this contract to the offeror will not pose an undue risk to the common defense and security as a result of its access to classified information or special nuclear material in the performance of the contract. The Contracting Officer may require the offeror to submit such additional information as deemed pertinent to this determination.

(ii) Before contract award, after obtaining a favorable FOCI determination the successful offeror/Contractor may be eligible to obtain a Facility Clearance.

(iii) If the successful offeror/Contractor does not obtain a Facility Clearance before contract award, after contract award the Contractor shall submit the necessary information to obtain a Facility Clearance and to obtain personnel Interim Access Authorizations in accordance with Departmental policies and procedures.

(2) The DOE may grant certain of the Contractor’s Key Management Personnel and the Contractor’s

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Facility Security Officer Interim Access Authorization. If granted Interim Access Authorization, the Contractor’s Key Management Personnel and the Contractor’s Facility Security Officer will have access to classified information or special nuclear material.

(e) A Facility Clearance is required even for contracts that do not require the Contractor's corporate offices to receive, process, reproduce, store, transmit, or handle classified information or special nuclear material, but that require DOE access authorizations for the Contractor's employees to perform work at a DOE location. This type facility is identified as a non-possessing facility.

(f) Except as otherwise authorized in writing by the Contracting Officer, any resulting contract must require that the Contractor insert provisions similar to the foregoing in all subcontracts and purchase orders.

Any Subcontractors (or vendors for purchase orders) requiring access authorizations for access to classified information or special nuclear material shall be directed to provide responses to the questions in Standard Form 328, Certificate Pertaining to Foreign Interests, directly to the prime Contractor or the Contracting Officer for the prime contract.

Notice to Offerors—Contents Review (Please Review Before Submitting)

Prior to submitting the Standard Form 328, required by paragraph (a)(1) of this clause, the offeror should review the FOCI submission to ensure that:

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(1) The Standard Form 328 has been signed and dated by an authorized official of the offeror;

(2) If publicly owned, the Contractor's most recent annual report, and its most recent proxy statement for its annual meeting of stockholders; or, if privately owned, the audited, consolidated financial information for the most recently closed accounting year has been attached;

(3) A copy of the company's articles of incorporation and an attested copy of the company's by-laws, or similar documents filed for the company's existence and management, and all amendments to those documents;

(4) A list identifying the organization's owners, officers, directors, and executive personnel, including their names, social security numbers, citizenship, titles of all positions they hold within the organization, and what clearances, if any, they possess or are in the process of obtaining, and identification of the government agency(ies) that granted or will be granting those clearances; and

(5) A summary FOCI data sheet.

Note: A FOCI submission must be attached for each tier parent organization (i.e., ultimate parent and any intervening levels of ownership). If any of these documents are missing, award of the contract cannot be completed.

(End of clause)

19. Section L.7(c)(6)

… and will perform in the proposed position for minimum of three years (consistent with DOE-H-2070) …

… and will perform in the proposed position for minimum of two years (consistent with DOE-H-2070) …

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20. Attachment L-

[Inadvertently omitted] ATTACHMENT L-11 Key Personnel Resume Format

(The resumes for the Key Personnel shall not exceed three

(3) pages per person.)

Name of Key Person:

Country of Citizenship: (Include any dual citizenship, if applicable):

Name of Offeror:

Name of Company with whom Key Person will be Employed:

Proposed Position with Offeror:

Availability Date and Period of Commitment: (Insert [month/date/year] for availability date; period of commitment shall be reflected from availability date forward):

Education: (Provide degree(s) earned, discipline(s), year(s) degree(s) attained, and institution(s); if degree is incomplete, identify

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Experience Summary: (A succinct summary of overall experience and capabilities including duration of performance and dollar level of projects):

Duties and Responsibilities in Proposed Position:

Description(s) of Experience Relevant to Proposed Contract Assignment:

Technical Qualifications: (Include special skills, security clearance level, and relevant technical training):

Three Knowledgeable Client/Customer Business References: (Include from/to dates and name, title, company/organization, address, phone number and e-mail address (current and at least two (2) previous employers or positions)):

Letter of Commitment: (A signed letter of commitment should be attached to each resume - use the letter of commitment format specified in Section L.7(c)(6). Letters of commitment do not count against the page limit.)

21. Pricing Worksheets Excel File

Sheet L-4 Total Price

[The formula in cell H26 is updated to sum data from all five years’ cells: D7+H7+D17+H17+D26]

End of Amendment 0001 List of Changes