WIPP MandO- Amendment 0003 Package.pdf

(x)

89303320REM000077

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

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

07/21/20210003

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

06/02/2021

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.)

See continuation page providing a summary table of changes.

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)

John M. Blecher

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 .

07/21/2021

WIPP M&O– FINAL RFP

SOLICITATION NO. 89303320REM000077 - Amendment 0003

The purpose of this amendment is to amend Solicitation No. 89303320REM000077 as described below, and incorporate the changes in the conformed copy of the solicitation. All other sections of the Final RFP remain unchanged.

Amendment 0003 to Solicitation No. 89303320REM000077 RFP Section Reference Final RFP Posting Amendment 3 Posting

L.10 DOE-L-2001 PROPOSAL

PREPARATION

INSTRUCTIONS –

GENERAL (OCT 2015)

ALTERNATE I AND

ALTERNATE II (OCT 2015)

(f)(4)

(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 two pages. 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.

(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 two pages. 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.

WIPP M&O– FINAL RFP SECTION L

L-i

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

TABLE OF CONTENTS

L.1. FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE(FEB 1998) 1

L.2. FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

L.3. DEAR 952.219-70 DOE MENTOR-PROTÉGÉ PROGRAM (MAY 2000) (DOE DEVIATION

PER POLICY FLASH 2019-15)

L.4. FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

L.5. DOE-L-2017 EXPENSES RELATED TO OFFEROR SUBMISSIONS (OCT 2015)

L.6. DOE-L-2022 ALTERNATE BID/PROPOSAL INFORMATION – NONE (OCT 2015)

L.7. DOE-L-2024 NOTICE OF INTENT – USE OF NON-FEDERAL EVALUATORS AND

ADVISORS (OCT 2015)

L.8. DOE-L-2025 INTENTION TO BID/PROPOSE (OCT 2015)

L.9. DOE-L-2015 OFFER ACCEPTANCE PERIOD (OCT 2015)

L.10. DOE-L-2001 PROPOSAL PREPARATION INSTRUCTIONS – GENERAL (OCT 2015)

ALTERNATE I AND ALTERNATE II (OCT 2015)

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)

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

(Revised) (Applies To Task Orders Only)

L.12. DEAR 952.204-73 FACILITY CLEARANCE (AUG 2016) (DEVIATION) (Issued by DOE Policy

Flash 2021-14)

L.13. DOE-L-2003 PROPOSAL PREPARATION INSTRUCTIONS, VOLUME II – TECHNICAL AND

MANAGEMENT PROPOSAL – GENERAL (OCT 2015) (REVISED)

L.14. PROPOSAL PREPARATION INSTRUCTIONS, VOLUME II - KEY PERSONNEL

L.15. DOE-L-2010 PROPOSAL PREPARATION INSTRUCTIONS, VOLUME II - PAST

PERFORMANCE (OCT 2015) (REVISED)

L.16. PROPOSAL PREPARATION INSTRUCTIONS, VOLUME II – TECHNICAL AND

MANAGEMENT PROPOSAL

L-ii

L.17. PROPOSAL PREPARATION INSTRUCTIONS, VOLUME III–COST AND FEE PROPOSAL 31

L.18. DEAR 970.5215-5 LIMITATION ON FEE (DEC 2000)

L.19. DEAR 970.5209-1 REQUIREMENT FOR GUARANTEE OF PERFORMANCE (DEC 2000) ... 35

L.20. DOE-L-2014 DATE, TIME, AND PLACE OFFERS ARE DUE (OCT 2015)

L.21. DOE-L-2016 NUMBER OF AWARDS (OCT 2015)

L.22. CONTACTS REGARDING FUTURE EMPLOYMENT

L.23. DOE-L-2020 SMALL BUSINESS SET-ASIDE INFORMATION (UNRESTRICTED)

L.24. DOE-L-2026 SERVICE OF PROTEST (OCT 2015)

L.25. DOE-L-2027 NOTICE OF PROTEST FILE AVAILABILITY (OCT 2015)

L.26. DOE-L-2028 AGENCY PROTEST REVIEW (OCT 2015)

L.27. FAR 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT – CONSTRUCTION

MATERIALS (MAY 2014)

L.28. FAR 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT – CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

L.29. LIST OF SECTION L ATTACHMENTS

Attachment L-1: Performance Guarantee Agreement

Attachment L-2: Key Personnel Standard Resume Format

Attachment L-3: Past Performance Reference Information Form

Attachment L-4: Past Performance Cover Letter and Questionnaire

Past Performance Questionnaire

Attachment L-5: List of Contracts Terminated for Default, Cure Notices, and Conditional Payment of

Fee/Profit/Other Incentive Actions

Attachment L-6: Cost and Fee Proposal Worksheets

Attachment L-7: List of DOE Contracts

L-1

L.1. FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

This solicitation incorporates one 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 will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses:

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

FAR/DEAR

Reference Title

Fill-In Information;

See FAR 52.104(d)

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

FAR 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)

FAR 52.214-34 Submission of Offers in the English Language (Apr 1991)

FAR 52.214-35 Submission of Offers in U.S. Currency (Apr 1991)

FAR 52.215-1 Instructions to Offerors – Competitive Acquisition (Jan 2017)

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

FAR 52.215-20

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Oct 2010) – Alt III (Oct 1997) and Alt IV (Oct 2010)

Alt III, (c) As specified in Section L Alt IV, (b) As specified in Section L

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

FAR 52.222-5 Construction Wage Rate Requirements – Secondary Site of the Work (May 2014)

FAR 52.222-23

Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999)

(b) Minority Goal: [TBD post-award as construction is initiated]; Female Goal: [TBD post-award as construction is initiated]

(e) [TBD post-award as construction is initiated]

FAR 52.222-24 Pre-Award On-Site Equal Opportunity Compliance Evaluation (Feb 1999)

FAR 52.237-1 Site Visit (Apr 1984) DEAR 952.233-4 Notice of Protest File Availability (Aug 2009) DEAR 952.233-5 Agency Protest Review (Sep 1996)

L-2

L.2. FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(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) (DOE

DEVIATION PER 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 a cost-plus performance-based award fee management and operating contract with an IDIQ CLIN 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-3

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

L.9. DOE-L-2015 OFFER ACCEPTANCE PERIOD (OCT 2015)

The Offeror's proposal shall be valid for 365 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)

(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.

L-4

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 PWS (excluding Section C.8.0). Small business Teaming Subcontractors count toward fulfillment of the Section H Clause entitled, Subcontracted Work, requirement and other small business goals in this contract.

Teaming Subcontractors are evaluated consistent with the terms of this solicitation and thus are not subject to post-award subcontract consent pursuant to

FAR 52.244-2.

(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/wippcontract/. If applicable, 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.

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(c) Submission of proposals.

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

(2) Offerors must submit proposals electronically through FedConnect by the date and time specified in Standard Form 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. Proposals submitted via hardcopy, email, or the Fedconnect Message center shall not be accepted or considered. Failure to submit a response that is received through the FedConnect Responses web portal by the stated time and date may result in the proposal not being considered. By submitting a proposal, the Offeror agrees to comply with all terms and conditions as set forth in this solicitation. DOE does not provide help desk assistance regarding FedConnect, and questions regarding FedConnect shall be addressed directly to FedConnect in accordance with instructions found on its website.

Subcontractor submissions of proprietary information may provide a password protected document file to the prime and share the password with the CO.

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

Note: When submitting proposals, please keep file names as brief as possible and limited to 255 total characters. Please use abbreviations when possible.

(3) Electronic submission of a proposal via FedConnect shall be considered the

Offeror's official offer and will be considered binding.

(d) Solicitation instructions and proposal information.

(1) Proposals are expected to conform to all solicitation requirements and the instructions contained in this Section L. The Government will evaluate proposals on the basis of the information provided in the proposal. The Government will not assume that an Offeror possesses any capability unless set forth in the proposal.

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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 evaluation 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, and blank pages. Those pages that exceed the limits set forth in each factor below will not be considered in the evaluation; page counting will begin with the first page of each volume and continue up to the page limitation. No material may be incorporated by reference as a means to circumvent the page limitations.

(3) Except as may be provided elsewhere in the solicitation (including paragraph

(f)(2) below), Offerors shall not cross reference to other volumes of the proposal and shall provide complete information within the appropriate volume. All cost

L-7 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 foldouts for the Volume III, Cost and Fee/Profit 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 (including Attachment L-3, Past Performance Reference Information Form).

Paragraph headings and section titles may use Arial or Times New Roman font 12 point or larger. Headers and footers, spreadsheets, charts, tables, diagrams or design drawings, and graphs must be 9 point or larger using Times New Roman or Arial font. Bold and italics are acceptable, and narrow is not acceptable.

(4) Page margins. Page margins for text pages and 11 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 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.

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(5) Page numbering. All pages shall be sequentially numbered by volume. The only exception is financial statements and annual reports, which shall be segregated within the Volume III submission, thereby not requiring the documents to be sequentially numbered.

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

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

(a) In Volume I, signed documents (e.g., Performance Guarantee Agreement) are not required to be readable and searchable.

(b) In Volume II, signed letters of commitment and signed past performance consent letters.

(c) In Volume III, electronic copies of financial statements and Annual Reports shall be submitted in PDF (portable document format files are required).

(d) In Volume III, 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.

(e) In Volume III, Cost and Fee Proposal tables shall be organized and submitted in native file format.

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

(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 WIPPcontract@emcbc.doe.gov no later than 10 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

L-9 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 WIPPcontract@emcbc.doe.gov.

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

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

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

(l) Content of resulting contract. Any contract awarded as a result of this solicitation will contain the following sections of the solicitation: Part I - The Schedule; Part II - Contract Clauses; Part III, List of Documents, Exhibits and Other Attachments; and Part IV, Section K - Representations, Certifications, and Other Statements of Offerors. Section K will be incorporated into the contract by reference.

(m) Allowable Salary for Key Personnel. Award of the Contract, as proposed, does not constitute a determination of allowability of key personnel salaries contained in the successful offer. As provided in Section H, entitled, Special Provisions Applicable To Workforce Transition and Employee Compensation: Pay and Benefits, within 20 days after initial Notice To Proceed, the Contractor shall submit Form EM 3220.5, Application for Contractor Compensation Approval, to the CO for each key personnel position listed in the Contract for a determination of cost allowability for reimbursement under the Contract. To support a reasonableness determination, the Contractor shall also provide compensation market survey data to support/justify the

L-10 requested salary and any other information as requested by the CO. The Form EM 3220.5, Application for Contractor Compensation Approval, information shall not exceed the proposed key personnel compensation contained in the successful offer.

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

L.11. DOE-L-2002 PROPOSAL PREPARATION INSTRUCTIONS, VOLUME I –

OFFER AND OTHER DOCUMENTS – ALTERNATE II, ALTERNATE III,

ALTERNATE IV, ALTERNATE V, AND ALTERNATE VI (OCT. 2015)

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

(b) General. Volume I – Offer and Other Documents, contains the offer to enter into a contract and other documents. The documents requiring signature by Offerors shall be contained in Volume I. Visibly identifiable scanned and/or time-stamped digital signatures will be acceptable, unless specifically stated otherwise in the RFP (i.e., the SF 328). Offerors shall include the information listed in the following paragraphs in Volume I, assembled in the order listed. In cases where the Offeror is required to fill in information in a contract clause, the Offeror shall submit only those pages that require input of information or a signature. Fill-ins are generally marked “[offeror fill-in]”; however, Offerors are responsible for ensuring all required fill-ins are completed with proposal submission (even if not overtly identified as “[offeror fill-in]”). If any fill-ins are not applicable, the Offeror shall state such. A listing of areas requiring fill-in include, but may not be limited to:

(1) Section B:

(i) Transition Cost, Anticipated Funding, and Total Available Performance Fee

(2) Section H:

(i) DOE-H-2017 Responsible Corporate Official and Corporate Board of

Directors (Oct 2014) (Revised)

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

Offeror (Revised)

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(iii) DOE-H-2058, Designation and Consent of Teaming Subcontracts

(Oct 2014) (Revised)

(iv) DOE-H-2058, Designation and Consent of Teaming Subcontracts– Alternate I (Oct 2014) (Revised) (Applies To Task Orders Only)

(v) DOE-H-2070 Key Personnel – Alternate I (Oct 2014) (Revised)

(vi) Organizational Conflict of Interest - Affiliate(s)

(3) Section I:

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

Business Concerns (Oct 2014)

(ii) FAR 52.223-3 Hazardous Material Identification and Material Safety Data

(Jan 1997) – Alternate I (Jul 1995)

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

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

(1) The person digitally 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 digitally 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 365 calendar days in block 12 of the SF 33 in accordance with Section L provision DOE-L-2015, Offer Acceptance Period.

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

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

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(2) Offeror name. Name, address, telephone and facsimile numbers, e-mail, and Data Universal Numbering System Number (DUNS) of the Offeror (reference paragraph (c)(2)(ii) of the Section L provision at FAR 52.215-1, Instructions to Offerors Competitive- Acquisition).

(3) Authorized signatory. Name and title of person authorized to sign the proposal

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

(4) Negotiators. Name(s), title(s), telephone number, and email address of persons authorized to negotiate on the Offeror's behalf (reference paragraph (c)(2)(iv) of the Section L provision at FAR 52.215-1, Instructions to Offerors - Competitive Acquisition).

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

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

(1) Name, address, and DUNS number for all proposed Teaming Subcontractors as defined in DOE-L-2001, Proposal Preparation Instructions – General, Section (a)(2). This information is only required for Teaming Subcontractors. Any non-teaming subcontractors will require subcontract consent after award pursuant to

FAR 52.244-2.

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

(i) Name, address, and DUNS of the parent or member company(ies) of the Offeror

- joint venture members, limited liability company members, limited liability partnership members, etc.; and

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

(f) Representations and certifications.

(1) If the Offeror has completed the annual representations and certifications electronically via the System for Award Management website in accordance with the provision at FAR 52.204-8, Annual Representations and Certifications, and those representations and certifications are current, accurate, complete, and applicable to this solicitation, the Offeror does not need to resubmit such

L-13 representations and certifications in response to this solicitation. However, if any of these annual representations and certifications requires a change, the Offeror shall submit those changes in accordance with FAR 52.204-8.

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

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

(g) Exceptions and deviations.

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

(2) Any exceptions or deviations by the Offeror to the terms and conditions stated in the solicitation for the resulting contract will make the offer unacceptable for award without discussions. If an Offeror proposes exceptions or deviations to the terms and conditions of the contract, then the Government may make an award without discussions to another Offeror that did not take exception to the terms and conditions of the contract.

(h) Facility Clearance verification.

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

L-14 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 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 completed. Include the solicitation name and number in the “Reason for Request” field. If the Department identifies missing information, the Offeror shall submit any information requested by the Department (FOCI Manager or CO) as soon as possible.

(i) Performance guarantee agreement.

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The Offeror shall provide the Performance Guarantee Agreement in accordance with the clause DOE-H-7019, Separate Entity and Corporate Guarantee. See Section L Attachment entitled, Performance Guarantee Agreement, for form and text of the required Performance Guarantee Agreement.

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

The Offeror shall provide the name of the responsible corporate official and other information related to the corporate board of directors (or equivalent corporate oversight entity) in accordance with the clause DOE-H-2017 entitled, Responsible Corporate Official and Corporate Board of Directors.

(k) Small business subcontracting plan.

The Offeror shall provide its Individual Small Business Subcontracting Plan in accordance with the clause at FAR 52.219-9, Small Business Subcontracting Plan, unless, pursuant to FAR 19.702, a small business subcontracting plan is not required.

The requirements of a Small Business Subcontracting Plan are found at FAR 19.704.

The Individual Small Business Subcontracting Plan is not a requirement for evaluation in source selection. For large businesses, subcontracting plans are a matter of responsibility, separate from the source selection evaluation, and will be incorporated into the resultant Contract as Section J Attachment entitled, Individual Small Business Subcontracting Plan.

(1) To be considered acceptable, the Offeror’s Plan shall address, in adequate detail, each of the elements identified in FAR 52.219-9(d). Failure by a large business Offeror to submit and/or negotiate a subcontracting plan that addresses each of the elements identified in FAR 52.219-9(d) in adequate detail may result in a negative responsibility determination.

(2) To be considered acceptable, the Offeror’s plan shall address, in adequate detail, and shall contain all elements required in FAR 52.219-9. Failure by a large business Offeror to submit and/or negotiate a subcontracting plan that addresses each element identified in FAR 52.219-9, , in adequate detail may make the Offeror ineligible for award of a contract. See FAR 19.702, Statutory Requirements (a)(1), regarding failure of the apparent successful Offeror to negotiate and submit a Plan acceptable to the CO.

(3) The Offeror shall establish goals that afford small businesses with the maximum practicable opportunity to participate in contract performance consistent with efficient performance. In developing its proposed Plan, the Offeror shall establish minimum goals for the four-year Base Period for each small business category as follows:

Small businesses*: 50%, including the following distinct subsets within the 50% goal:

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Veteran-owned small business: 3%

Service-disabled veteran-owned small businesses: 3%

HUBZone small businesses: 3%

Small disadvantaged businesses**: 5%

Non- Alaskan Native Corporations Indian Tribes: 1%

Women-owned small businesses: 5%

Ability One Program: 0.25%

* The small business subcategories may not necessarily add up to the overall percentage in the Small Business category, since some small businesses may not fall into any of the subcategories, while others may fall into more than one subcategory.

**Small Business and Small Disadvantaged Business includes Indian tribes and Alaskan Native Corporations. Subcontracts awarded to an Indian tribe or an Alaskan Native Corporations shall be counted towards the subcontracting goals for small business and small disadvantaged business concerns, regardless of the size.

Subcontracts awarded to an Indian tribe shall also be counted towards the subcontracting goal for Indian tribes.

(4) Proposed small business goals shall be the percent of total subcontracted work specified in the Offeror’s Small Business Subcontracting Plan.

(5) The Offeror shall describe all transition activities related to subcontracting within the small business subcontracting plan. This description shall include plans for all subcontracts put in place by the incumbent contractor, approach to communication with incumbent subcontractors, and identification of all new subcontracts the offeror plans to award during transition.

(l) Community Commitment Plan.

The Offeror shall provide a Community Commitment Plan that demonstrates meaningful partnership with the community. See the Section H clause DOE-H- 2045, entitled Contractor Community Commitment. The Plan will become part of the resulting Contract as an attachment to Section J.

(m) Organizational Conflicts of Interest (OCI).

The Offeror, including each entity participating in a joint venture, limited liability company (LLC), or teaming agreement thereof as defined in FAR 9.601(1), shall provide a fully executed Section K provision entitled, Organizational Conflicts of Interest Disclosure, and any necessary statements required by the provision. If the

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Offeror believes there is an existing or potential OCI, the Offeror shall submit an appropriate draft OCI mitigation plan with its proposal. If the Department identifies an existing or potential OCI, the Offeror shall submit any information requested by the Department, including a draft OCI mitigation plan. If the Department requires additional explanation or interpretation regarding the proposed mitigation plan for evaluation purposes, this would be handled as clarifications or communications with Offerors, in accordance with subsections (a) and (b) of FAR 15.306, Exchanges with Offerors After Receipt of Proposals. Note: This proposal requirement is separate and distinct from the Contract requirement stated at DOE- H-2035, Organizational Conflict of Interest Management Plan, which applies throughout the full period of performance.

(n) Equal opportunity compliance.

The Offeror shall provide all of the information required to perform a pre-award onsite equal opportunity compliance evaluation in accordance with FAR 52.222-

24. This information shall include the company name, address, phone number, and point of contact for the Equal Employment Opportunity Commission. This information shall be provided for the Offeror, including each entity participating in a joint venture, LLC, or teaming agreement thereof as defined in FAR 9.601(1), as well as any known first-tier subcontractors with anticipated subcontracts of $10 million or more.

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

(1) The Offeror shall not utilize non-public government information (as at 5 CFR

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

(2) The Offeror shall identify former DOE employees subject to post-employment restriction(s) involved in the Offeror’s written and/or oral proposal development…