Amendment 3 - Paducah Infrastructure.pdf

(x)

89303319REM000057

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

Lexington KY 40513

03002

1017 Majestic Drive, Suite 200 Portsmouth-Paducah Project Office U.S. Department of Energy EMCBC - Portsmouth-Paducah

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

03/24/20200003

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

02/03/2020

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.)

Department of Energy (DOE) Office of Environmental Management (EM) Paducah Infrastructure

Support Services (PAD ISS) Procurement.

Amendment 0003 to Request for Proposal (RFP) 89303319REM000057. See continuation pages providing a summary table of Amendment 0003 changes.

In accordance with Provision L.18, the due date for proposals has been extended to 4:00 p.m. Eastern Daylight Time on April 16, 2020.

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)

Travis R. Taggart

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 .

03/24/2020 Signature on File

Solicitation # 89303319REM000057 Paducah Infrastructure Support Services Amendment 0003 Summary of Changes

The purpose of this amendment is to amend solicitation 89303319REM000057, Paducah Infrastructure Support Services, as described below and incorporated in the conformed copy of the solicitation. All other sections of the Final RFP remain unchanged. The Offeror’s are responsible for reviewing the redline and final conformed copy of the solicitation to ensure incorporation of the requirements identified therein. Amendment 0003 to 89303319REM000057 is as follows:

Number RFP Section

Reference

Change from: Change to:

1. Section H (H.29, DOE- H 2052 Representations, Certifications, and Other Statements of the Offeror (OCT 2014) (REVISED), referenced page H-39)

The Contractor’s Representations, Certifications, and Other Statements, dated Offeror Fill-In, maded in response to Solicitation No.89303319REM000057, are hereby incorporated into the contract.

The Contractor’s Representations, Certifications, and Other Statements, dated Offeror Fill-In, made in response to Solicitation No.89303319REM000057, are hereby incorporated into the contract.

2. Section L (L.10 DOE- L-2001 Proposal Preparation Instructions

– General (OCT 2015) Alternate I and Alternate II (OCT

2015) (REVISED)

Referenced Page L-7)

(c)(ii) The paper copies shall be submitted 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, EMCBC Attention: Travis Taggart, Contracting Officer, EMCBC Address: 550 Main Street, Room 7-010 City/State/Zip: Cincinnati, OH 45202

E-mail: travis.taggart@emcbc.doe.gov Phone: (513) 744-0973

(c)(ii) The paper copies shall be submitted 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: Travis Taggart, Contracting Officer, EMCBC Address: 175 Tri-County Parkway City/State/Zip: Cincinnati, OH 45246

E-mail: travis.taggart@emcbc.doe.gov Phone: (513) 309-9808

Shipping materials shall be marked as follows:

TO BE OPENED BY ADDRESSEE ONLY.

RFP No. 89303319REM000057

Note: Offerors delivering proposals via hand-carry or Express Mail to the above address should arrange for delivery between the hours of 8:30am – 4:00pm Eastern Time and contact the Contracting Officer in advance to advise of the anticipated delivery date and time.

Shipping materials shall be marked as follows:

TO BE OPENED BY ADDRESSEE ONLY.

RFP No. 89303319REM000057

Note: The United States Parcel Service does not deliver to the above address. Offerors delivering proposals via hand-carry or Express Mail to the above address should arrange for delivery between the hours of 8:30am – 4:00pm Eastern Time and contact the Contracting Officer in advance to advise of the anticipated delivery date and time.

3. Section L (L.10 DOE- L-2001 Proposal Preparation Instructions

– General (OCT 2015) Alternate I and Alternate II (OCT

2015) (REVISED)

Referenced Page L-7)

Table L-2. Copy Requirements

Proposal

Volume –

Title

Number of

Hard

Copy

Proposals

Required

(DOE-

EMCBC)

Number of USB

Flash

Drives

Required

(DOE-

EMCBC)

Volume I – Offer and Other Documents

1 signed original and 1 copy

Volume II – Technical and Management Proposal

1 signed original and 3 copies

Volume III – Price Proposal

1 signed original and 3 copies

Table L-2. Copy Requirements

Proposal

Volume –

Title

Number of

Hard

Copy

Proposals

Required

(DOE-

EMCBC)

Number of USB

Flash

Drives

Required

(DOE-

EMCBC)

Volume I – Offer and Other Documents

1 signed original and 1 copy

Volume II – Technical and Management Proposal

1 signed original

Volume III – Price Proposal

1 signed original

4. Section L (L.18 DOE- L-2014 Date, Time, and Place Offers Are

All Offers required by this solicitation are due no later than 4:00 p.m. Eastern Daylight Time April 2, 2020.

Treatment of late submissions, modifications, and

All Offers required by this solicitation are due no later than 4:00 p.m. Eastern Daylight Time April 16, 2020. Treatment of late submissions, modifications, and

Due (OCT 2015), Referenced Page L-27) withdrawals are governed by the applicable provisions of the solicitation.

withdrawals are governed by the applicable provisions of the solicitation.

Request for Proposal 89303319REM000057

H-1

PART I – THE SCHEDULE

SECTION H – SPECIAL CONTRACT REQUIREMENTS

TABLE OF CONTENTS

DOE-H-2013 CONSECUTIVE NUMBERING (OCT 2014)

DOE-H-2002 NO THIRD PARTY BENEFICIARIES (OCT 2014)

DEFINITIONS

WORKFORCE TRANSITION AND EMPLOYEE HIRING PREFERENCES,

INCLUDING THROUGH PERIOD OF PERFORMANCE

EMPLOYEE COMPENSATION: PAY AND BENEFITS

WORKFORCE TRANSITION AND BENEFITS TRANSITION: PLANS AND

TIMEFRAMES

POST CONTRACT RESPONSIBILITIES FOR PENSION AND OTHER

BENEFIT PLANS FOR WHICH DOE REIMBURSES COSTS

LABOR RELATIONS

WORKFORCE RESTRUCTURING

LABOR STANDARDS

DOE-H-2003 WORKER’S COMPENSATION INSURANCE (OCT 2014)

DOE-H-2014 CONTRACTOR ACCEPTANCE OF NOTICES OF VIOLATION

OR ALLEGED VIOLATIONS, FINES, AND PENALTIES (OCT 2014) (REVISED)

DOE-H-2016 PERFORMANCE GUARANTEE AGREEMENT (OCT 2014)

DOE-H-2017 RESPONSIBLE CORPORATE OFFICIAL AND CORPORATE

BOARD OF DIRECTORS (OCT 2014)

DOE-H-2018 PRIVACY ACT SYSTEMS OF RECORDS (OCT 2014) (REVISED)

DOE-H-2019 DISPOSITION OF INTELLECTUAL PROPERTY – FAILURE TO

COMPLETE CONTRACT PERFORMANCE (OCT 2018)

DOE-H-2021 WORK STOPPAGE AND SHUTDOWN AUTHORIZATION (OCT

2014) (REVISED)

DOE-H-2029 POSITION QUALIFICATIONS (OCT 2014)

DOE-H-2033 ALTERNATIVE DISPUTE RESOLUTION (OCT 2014)

DOE-H-2034 CONTRACTOR INTERFACE WITH OTHER CONTRACTORS

AND/OR GOVERNMENT EMPLOYEES (OCT 2014) (REVISED)

DOE-H-2035 ORGANIZATIONAL CONFLICT OF INTEREST MANAGEMENT

PLAN (OCT 2014)

DOE-H-2037 NATIONAL ENVIRONMENTAL POLICY ACT (OCT 2014)

DOE-H-2043 ASSIGNMENT AND TRANSFER OF SUBCONTRACTS (OCT

2014) 36

H-2

DOE-H-2044 MATERIAL SAFETY DATA SHEET AVAILABILITY (OCT 2014)

DOE-H-2046 DIVERSITY PROGRAM (OCT 2014)

DOE-H-2047 FEDERAL HOLIDAYS AND OTHER CLOSURES (OCT 2014)

DOE-H-2048 PUBLIC AFFAIRS – CONTRACTOR RELEASES OF

INFORMATION (OCT 2014)

DOE-H-2049 INSURANCE REQUIREMENT (OCT 2014)

DOE-H-2052 REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF THE OFFEROR (OCT 2014) (REVISED)

DOE-H-2053 WORKER SAFETY AND HEALTH PROGRAM IN

ACCORDANCE WITH 10 CFR 851 (OCT 2014)

DOE-H-2055 GOVERNMENT FURNISHED PROPERTY (OCT 2014)

DOE-H-2057 DEPARTMENT OF LABOR WAGE DETERMINATIONS (OCT

2014) (DEVIATION)

DOE-H-2058 DESIGNATION AND CONSENT OF TEAMING SUBCONTRACTS

– ALTERNATE I (OCT 2014) (REVISED)

DOE-H-2059 PRESERVATION OF ANTIQUITIES, WILDLIFE AND LAND

AREAS (OCT 2014)

DOE-H-2061 CHANGE ORDER ACCOUNTING (OCT 2014)

DOE-H-2062 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL - ALTERNATE I (OCT 2014)

DOE-H-2063 CONFIDENTIALITY OF INFORMATION (OCT 2014)

DOE-H-2064 USE OF INFORMATION TECHNOLOGY EQUIPMENT,

SOFTWARE, AND THIRD PARTY SERVICES – ALTERNATE II (OCT 2014)

DOE-H-2066 SAFEGUARDS AND SECURITY PROGRAM – ALTERNATE I

(OCT 2014)

DOE-H-2067 GOVERNMENT FURNISHED ON-SITE FACILITIES OR

SERVICES (APR 2018) (REVISED)

DOE-H-2068 CONFERENCE MANAGEMENT (OCT 2014) (REVISED)

DOE-H-2070 KEY PERSONNEL- ALTERNATE I (OCT 2014) (DEVIATION) ... 47

DOE-H-2071 DEPARTMENT OF ENERGY DIRECTIVES (OCT

2014)(DEVIATION)

DOE-H-2072 USE OF GOVERNMENT VEHICLES BY CONTRACTOR

EMPLOYEES (OCT 2014)

DOE-H-2076 LOBBYING RESTRICTIONS (NOV 2018)

DOE-H-2078 MULTIFACTOR AUTHENTICATION FOR INFORMATION

SYSTEMS

H-3

DOE-H-2080 AGREEMENT REGARDING WORKPLACE SUBSTANCE ABUSE

PROGRAMS AT DOE SITES (APR 2018)

TASK ORDERING PROCEDURE

TRANSITION TO FOLLOW-ON CONTRACT

INFORMATION

ENVIRONMENTAL COMPLIANCE

EMERGENCY CLAUSE

DOE CONTRACT ADMINISTRATION AND OVERSIGHT

PERSONNEL SECURITY CLEARANCES

ACCESS TO DOE-OWNED OR LEASED FACILITIES

CONTRACT PARTICIPATION BY FOREIGN NATIONALS

PARTNERING

NNSA/EM STRATEGIC SOURCING PARTNERSHIP

H-4

SECTION H - SPECIAL CONTRACT REQUIREMENTS

DOE-H-2013 CONSECUTIVE NUMBERING (OCT 2014)

Due to automated procedures employed in formulating this document, clauses and provisions contained within may not always be consecutively numbered.

DOE-H-2002 NO THIRD PARTY BENEFICIARIES (OCT 2014)

This Contract is for the exclusive benefit and convenience of the parties hereto. Nothing contained herein shall be construed as granting, vesting, creating or conferring any right of action or any other right or benefit upon past, present or future employees of the

Contractor, or upon any other third party. This provision is not intended to limit or impair the rights which any person may have under applicable Federal statutes.

CONTRACTOR HUMAN RESOURCE MANAGEMENT (CHRM) CLAUSES

DEFINITIONS

For purposes of Clauses H.4 through H.10 the following definitions are applicable (unless otherwise specified):

(A) “Contract Award Date” means the date the contract is signed by the Contracting

Officer, noted in Block 28 of the SF 33.

(B) “Contract Transition Period” means the 60-day transition as defined in Section F of this Contract.

(C) “Grandfathered Employees” means those employees who meet the definition of

“Grandfathered Employees” set out in the East Tennessee Technology Park

Pension Plan for Grandfathered Employees (ETTP MEPP).

(D) “Non-Grandfathered Employees” means those employees who do not meet the definition of “Grandfathered Employees” set out in the ETTP MEPP.

(E) “SSI” means Swift & Staley, Inc. (SSI) and its first and second tier subcontractors under DOE Contract DE-EM0003733.

(F) “Incumbent Contractor” means Swift & Staley, Inc (SSI) and its first and second tier subcontractors.

(G) “Incumbent Employees” means employees who, as of the Contract Award Date

(1) hold regular appointments or who are regular employees on the rolls of SSI;

and (2) are employed at the Paducah Gaseous Diffusion Plant Site under DOE

Contract DE-EM0003733.

H-5

(H) “Non-Incumbent Employees” are new hires, employees other than Incumbent

Employees who are hired by the Contractor after Contract Award Date.

(I) “UCOR” means URS CH2M Oak Ridge, LLC under Contract DE-SC0004645.

(J) “USEC” means the United States Enrichment Corporation.

(K) “Notice to Proceed (NTP)” means the written authorization issued by the

Contracting Officer to start performance on this Contract.

WORKFORCE TRANSITION AND EMPLOYEE HIRING PREFERENCES,

INCLUDING THROUGH PERIOD OF PERFORMANCE

The Contractor shall comply with the hiring preferences set forth below.

(A) The right of first refusal for employment in Section I, FAR 52.222-17 (MAY 2014)

Nondisplacement of Qualified Workers, is applicable to the service employees employed by SSI for the same or similar services, which are to be performed by the

Contractor and its subcontractors. The Contractor shall comply with the right of first refusal for employment for service employees and all of the requirements set forth in

FAR 52.222-17 Nondisplacement of Qualified Workers for the applicable work and positions before applying any of the hiring preferences in paragraph (B) below. If a service employee employed under the SSI DOE Contract declines a bona fide express offer of employment under Paragraph (A) , the Contractor need not provide the right of first refusal or the preference in hiring specified in paragraphs (B)(1)(a) and (b) below to such employee, but shall provide all other preferences in hiring in Paragraph

(B) below, as applicable.

(B) The Contractor shall provide, during the transition period and throughout the period of performance, preferences in hiring for vacancies at the Paducah Gaseous Diffusion

Plant for non-managerial positions (i.e., all those below the first line of supervision) in non-construction activities of the PWS under this Contract, in accordance with the hiring preferences in paragraphs (1) – (5) below (subject to paragraph (A) above, in descending order of priority, any applicable collective-bargaining agreement(s), applicable law, and applicable site seniority lists as provided to the Contractor by the

Contracting Officer)), as set forth below.

(1) The Contractor shall provide Incumbent Employees employed at the Paducah

Gaseous Diffusion Plant Site who have been identified by their employer as being at risk of being involuntarily separated, the preferences in paragraphs

(a) – (b) in descending order of priority:

(a) A right of first refusal for vacancies in non-managerial positions that are substantially equivalent to the positions the above employees held at

Contract Award Date.

H-6

(b) A preference in hiring in for vacancies in non-managerial positions for the above employees who meet the qualifications for the position.

(2) The Contractor shall give a preference in hiring to individuals (1) who are former employees of USEC or former employees of SSI and (2) who are entitled to recall rights consistent with any applicable site seniority lists and any applicable collective bargaining agreement(s) at the Paducah Gaseous Diffusion Plant Site.

(3) The Contractor shall give a preference in hiring to individuals set forth below in paragraphs (a) – (c), in descending order of priority, who are eligible for the hiring preference contained in the clause in Section I of this Contract entitled

“DEAR 952.226-74, Displaced Employee Hiring Preference” (including former

USEC employees who are eligible for the preference pursuant to 42 U.S.C.

§2297h-8(a)(5)) consistent with the provisions of any applicable Work Force

Restructuring Plan, as amended from time to time, regarding the preferential hiring of employees:

(a) Grandfathered Employees who are former employees of SSI or who are former employees of USEC, Fluor Federal Services or LATA Sharp

Remediation Services at the Paducah Gaseous Diffusion Plant Site;

(b) Former employees of SSI, Fluor Federal Services, LATA Sharp Remediation

Services, BWXT Conversion Services, LLC (BWCS) or USEC, or any other

DOE contractor or subcontractor of a DOE contractor at the Paducah Gaseous

Diffusion Plant Site; and

(c) Former employees of any other DOE contractor or subcontractor at a DOE defense nuclear facility.

(4) The Contractor shall give a preference in hiring to individuals (1) who were formerly employed at the Paducah Gaseous Diffusion Plant Site by USEC or SSI;

and (2) who were involuntarily separated (other than for cause) from their employment at the Paducah Gaseous Diffusion Plant Site; and (3) who are qualified for the position or who may not meet the qualifications for a particular position, but who agree to become qualified and can become qualified by the commencement of active employment under this Contract.

(5) The Contractor shall give a preference in hiring to individuals (1) who have separated from employment at the Paducah Gaseous Diffusion Plant Site (2) who are not precluded from seeking employment at the Paducah Gaseous Diffusion

Plant Site by the terms of employee waivers or releases of claims they executed absent repayment of severance consistent with the terms of those agreements; and

(3) who are qualified for a particular position or who may not meet the qualifications for a particular position, but who agree to become qualified and can become qualified by the commencement of active employment under this

Contract.

EMPLOYEE COMPENSATION: PAY AND BENEFITS

(A) Pay and Benefit Programs. The Contractor shall establish pay and benefit programs for employees in accordance with the Service Contract Labor Standards Act

(formerly known as the Service Contract Act of 1965) (including Section 4(c)) and other applicable law, the terms and conditions of this Contract, applicable collective

H-7 bargaining agreement(s), and the following requirements as set forth below;

provided, however, that employees scheduled to work fewer than 20 hours per week receive only those benefits required by law. Employees are eligible for benefits, subject to the terms, conditions, and limitations of each benefit program.

(B) Pension, Post-Retirement Benefits (PRB), Severance and Other Benefit Programs

(1) Background of Pension and Benefit Plans

(a) The East Tennessee Technology Park Pension Plan for Grandfathered

Employees (ETTP MEPP) is a multi-employer pension plan which covers eligible employees (both bargaining and non-bargaining unit (exempt and nonexempt)) of certain U.S. Department of Energy (DOE) prime contractors and their subcontractors. UCOR is the current lead sponsor of the ETTP

MEPP. The ETTP MEPP is managed and administered by the Benefits

Investment Committee which is composed of representatives from each of the sponsoring employers.

(2) Special Provisions Applicable to Employee Benefits

(a) Benefit Plans. The Contractor shall provide pension and other benefit plans to Incumbent Grandfathered Employees and all other Grandfathered employees hired by the Contractor and shall provide service credit for leave as set forth below:

(1) Grandfathered Employees. Grandfathered Employees shall be provided pension and other benefits consistent with applicable law, any applicable collective bargaining agreement(s), and the provisions of the ETTP

MEPP, and the Incumbent Contractor’s health and welfare plans, or comparable PRB plans. To the extent that the tax-qualified status of those plans is not jeopardized (see (D)(1) below), no employee who qualifies as a Grandfathered Employee under the ETTP MEPP shall lose the right to participate in the ETTP MEPP as a result of this transition. However, if the participation of a particular classification of employees (e.g., highly compensated employees) could jeopardize the tax qualifications of the

ETTP MEPP), the Contractor shall take appropriate action as necessary to ensure the ETTP MEPP remains qualified under the Internal Revenue

Code (IRC), consistent with the processes and procedures set forth herein.

Consistent with the terms of the plan(s), any transition of the employees from SSI to the Contractor shall not constitute a break in service under the

ETTP MEPP.

(2) Non-Grandfathered Employees. Non-Grandfathered Employees shall receive a benefits package that provides for market-based retirement and medical benefit plans that are competitive with the industry from which the Contractor recruits its employees and in accordance with this Contract, any applicable collective bargaining agreement(s), and applicable law, including Section 4(c) of the Service Contract Labor Standards Act.

(3) Severance pay.

(i) The Contractor shall credit (1) SSI Incumbent Employees who meet the eligibility requirements of the East Tennessee Technology Park

H-8

Severance Plan for Grandfathered Employees (ETTP Severance Plan), and (2) who are hired by the Contractor under this Contract, with their current length of service except for any period of prior service for which severance pay has been previously paid through a DOE cost-reimbursement contract.

(ii) Severance Pay is not payable to an employee under this Contract if the employee:

(aa) Voluntarily separates, resigns or retires from employment,

(bb) Is offered employment with a successor/replacement contractor,

(cc) Is offered employment with a parent or affiliated company, or

(dd) Is discharged for cause.

(4) Service Credit for benefits other than severance.

(i) For Leave. The Contractor shall carry over credit for service under the

SSI DOE Contract for purposes of determining rates of accruing leave for these employees as required by and consistent with any applicable collective bargaining agreement(s) and applicable law.

(ii) For Fringe Benefits Other Than Leave. Service credit for all individuals hired by the Contractor shall be applied consistent with any applicable collective bargaining agreement(s), applicable law, and the terms of the applicable benefit plan(s).

(3) Administrative Agreements with Lead Sponsor. The lead sponsor (UCOR) or a lead sponsor successor of the ETTP MEPP, and other benefit plans in which

UCOR or a lead sponsor successor are participating employers/sponsors, shall have responsibility for management and administration of these plans, consistent with plan documents and any other administrative documents.

UCOR or a successor lead sponsor shall provide management and administrative services for the Contractor for the ETTP MEPP, and other benefit plans in which the Contractor and UCOR or a successor lead sponsor are participating employers/sponsors. The Contractor shall enter into administrative agreements with the lead sponsor, UCOR, or a successor lead sponsor, for the management and administration of these plans when the

Contractor has Grandfathered Employees participating in the ETTP Plan(s).

(4) Pension and Other Benefit Programs

(a) No presumption of allowability will exist when the Contractor implements a new benefit plan or makes changes to existing benefit plans for which

DOE reimburses costs until the Contracting Officer makes a determination of cost allowability for reimbursement for new or changed benefit plans.

(b) Cost reimbursement for pension and other benefit (except severance) plans for which DOE reimburses costs will be based on the Contracting

Officer’s approval of Contractor actions pursuant to an approved

“Employee Benefits Value Study” and an “Employee Benefits Cost

Survey Comparison” as described below.

(c) Unless otherwise stated, or as directed by the Contracting Officer, the

Contractor shall submit the studies required in paragraphs (1) and (2) below. The studies shall be used by the Contractor in calculating the cost of benefits under existing benefit plans for which DOE reimburses costs.

H-9

An Employee Benefits Value (Ben-Val) Study method using no less than

15 comparator organizations and an Employee Benefits Cost Survey comparison method shall be used in this evaluation to establish an appropriate comparison method. In addition, the Contractor shall submit updated studies to the Contracting Officer for approval prior to the adoption of any change to a pension or other benefit plan.

(1) The Ben-Val, every two years for each benefit tier (e.g., group of employees receiving a benefit package based on date of hire), is an actuarial study of the relative value (RV) of the benefits programs for which DOE reimburses costs offered by the Contractor to employees measured against the RV of benefit programs offered by comparator companies approved by the Contracting Officer. To the extent that the value studies do not address post-retirement benefits other than pensions, the Contractor shall provide a separate cost and plan design data comparison for the post-retirement benefits other than pensions using external benchmarks derived from nationally recognized and

Contracting Officer approved survey sources; and

(2) An Employee Benefits Cost Study Comparison, annually for each benefit tier, that analyzes the Contractor’s employee benefits cost on a per capita basis per full time equivalent employee and as a percent of payroll and compares it with the cost reported by the U.S. Department of Labor’s Bureau of Labor Statistics or other Contracting Officer approved broad based national survey.

(3) Corrective Action Plans.

(i) When the net benefit value exceeds the comparator group by more than five percent, the Contractor shall submit a corrective action plan to the Contracting Officer for approval, unless waived by the

Contracting Officer.

(ii) When the average total benefit per capita cost or total benefit cost as a percent of payroll exceeds the comparator group by more than five percent, the Contractor shall submit an analysis of the specific plan costs that are above the per capita cost range or total benefit cost as a percent of payroll and a corrective action plan to achieve conformance with a Contracting Officer directed per capita cost range or total benefit cost as a percent of payroll, unless waived by the Contracting Officer.

(iii) Within two years of Contracting Officer approval of the

Contractor's corrective action plan, the Contractor shall align employee benefit programs with the benefit value and per capita cost range or percent of payroll as approved by the Contracting

Officer.

(d) To the extent that the Contractor sponsors benefit plans for which the

Department reimburses costs under this Contract, the Contractor may not terminate any benefit plan for which DOE reimburses costs during the term of the Contract without the prior approval of the Contracting Officer in writing.

H-10

(e) Cost reimbursement for post-retirement benefits other than pensions

(PRBs) is contingent on DOE approved service eligibility requirements for

PRBs that shall be based on a minimum period of continuous employment service not less than five years under a DOE cost-reimbursement contract(s), immediately prior to retirement. Notwithstanding the previous sentence, the costs of PRBs will be reimbursed for individuals meeting the eligibility requirements of any applicable employee benefit plan approved for these purposes by DOE. Unless required by Federal or state law, advance funding of PRBs is not allowable.

(f) If the Contractor sponsors a pension and/or postretirement benefit plan for which DOE reimburses costs, the Contractor will participate in the annual plan management process which includes written responses to a questionnaire regarding plan management, providing forecasted estimates of future reimbursements in connection with the plan and participating in a conference call to discuss the contractor submission.

(g) The contractor will respond to quarterly data calls issued through iBenefits, or its successor system, for benefits for which DOE reimburses costs.

(C) Establishment and Maintenance of Pension Plans for which DOE Reimburses

Costs

(1) Employees working for the Contractor shall only accrue credit for service under this Contract after the Contract Award Date.

(2) Except for Commingled Plans in existence as of the Contract Award Date, any pension plan maintained by the Contractor for which DOE reimburses costs shall be maintained as a separate pension plan distinct from any other pension plan that provides credit for service not performed under a DOE cost-reimbursement contract. When deemed appropriate by the Contracting

Officer, Commingled Plans shall be converted to separate plans at the time of new contract award or the extension of a contract.

(D) Basic Requirements

(1) The Contractor shall become a sponsor of the existing ETTP MEPP if and when it hires employees who are eligible to participate in those plans, and comparable PRB plans, with responsibility for management and administration of the plans and consistent with applicable law. If the

Contractor determines that there are no practicable means of doing the above in a manner that would maintain its segment of those plans on a tax-qualified basis, the Contractor must demonstrate to the satisfaction of the Contracting

Officer that there are no practicable means of doing so and that those employees who would otherwise have been eligible to participate in the ETTP

MEPP should be provided a package of benefits substantially equivalent to the ETTP MEPP as applicable in the circumstances. The Contractor has responsibility for administering and maintaining the qualified status of its segments of all pension and other benefit plans that it sponsors under this

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Contract for which DOE reimburses costs and for the plans themselves consistent with the plan documents and consistent with the requirements of the Employee Retirement Income Security Act (ERISA) and the Internal

Revenue Code (IRC). The Contractor shall submit to the Contracting Officer annual actuarial evaluations for all applicable benefit plans as well as certify that the benefit plans are in full compliance with IRC and ERISA requirements. Such certification shall demonstrate that the benefit plans are qualified under the IRC. This evaluation shall include but not be limited to written reports relating to how the benefit plans pass IRC discrimination, participation and coverage testing requirements. Each detailed annual written actuarial evaluation shall identify any conditions that may adversely affect the qualification status of the plans in the foreseeable future, including but not limited to discrimination, participation and coverage testing requirements for the contractor and any of its subcontractors that are participating employers in the plans.

(a) Meeting Testing Requirements. The Contractor shall closely monitor each of its individual subcontractor employer segments participating in the

ETTP MEPP. With the approval of the Contracting Officer, the

Contractor shall establish threshold factors that – based upon the experience of the ETTP MEPP regarding the testing requirements – indicate when the Contractor and/or its individual subcontractor employer segments may not meet testing requirements in the foreseeable future.

Every twelve months the Contractor shall identify any employer plan segments for the Contractor and its individual subcontractor employee segments that may not meet testing requirements for the current plan year and the following plan year.

(b) Failure to Meet Testing Requirements. In the case of employer segments for which the approved threshold factors described in Paragraph(a) above and other factors as approved or requested by the Contracting Officer indicate that the employer segments may not meet testing requirements, the Contractor, in conjunction with the lead sponsor, shall provide the

Contracting Officer with a corrective action plan for addressing the potential or actual failure to meet testing requirements and quarterly updates on the segment’s status for testing purposes. After the corrective action plan has been submitted and approved by the Contracting Officer, the Contractor shall provide quarterly updates on the segment's status for testing purposes.

(2) Any defined benefit (DB) pension plan sponsored by the Contractor shall be maintained consistent with the requirements of the IRC and ERISA in order for the costs to be allowable.

(3) DOE approval is required prior to implementing any change to a pension plan for which costs are being reimbursed under this Contract. Changes to any pension plan shall be in accordance with and pursuant to the terms and conditions of this Contract.

(4) Audits. Each contractor pension plan for which DOE reimburses costs shall be subjected to a limited-scope audit annually that satisfies the requirements

H-12 of ERISA section 103, except that every third year the contractor must conduct a full-scope audit satisfying ERISA section 103. Alternatively, the

Contractor may conduct a full-scope audit satisfying ERISA section 103 annually. In all cases, the Contractor must submit the audit results to the

Contracting Officer. In years in which a limited scope audit is conducted, the contractor must provide the Contracting Officer with a copy of the qualified trustee or custodian’s certification regarding the investment information that provides the basis for the plan sponsor to satisfy reporting requirements under

ERISA section 104.

(5) For existing Commingled Plans, the Contractor (i) shall maintain and provide annual Separate Accounting of DOE liabilities and assets as for a Separate

Plan and (ii) shall be liable for any shortfall in the plan assets caused by funding or events unrelated to DOE contracts.

(6) Benefit Management Plans. Each contractor sponsoring a pension and/or postretirement benefit plan for which DOE reimburses costs will participate in the annual plan management process which includes written responses to a questionnaire regarding plan management, providing forecasted estimates of future reimbursements in connection with the plan and participating in a conference call to discuss the contractor submission.

The Pension Management Plan (PMP) is submitted in the iBenefits System by the ETTP MEPP plan sponsor. The Contractor is required to provide any information requested by the plan sponsor to complete this report. In addition, the, appropriate Contractor representatives may participate in a conference call to discuss the plan sponsor’s PMP submission and any other current plan issues or concerns.

B. The PRB Management Plan for the PRB Plan(s) in which the Contractor participates and for which the Department reimburses costs under this

Contract shall be submitted in the iBenefits System and shall include:

(a) The Contractor’s best projection of the benefit payments from the PRB

Plans, a summary of the key actuarial assumptions used in developing the estimates, and a detailed description of the plans included in the projections.

(b) The impact that any recent plan amendments have had on the expected benefit payments.

(c) Any possible future amendments to the PRB Plan(s) which the Contractor wishes to make.

(d) An outline of opportunities that are being used or considered related to strategy, design, and cost containment.

(E) Reimbursement of the Contractor Costs for Benefit Plans. The following will be subject to be reimbursed separately on a cost reimbursement basis and are not part of the fixed price. All other costs should be part of the fixed price and will not be reimbursed separately on a cost reimbursement basis.

(1) Employer contributions to the ETTP MEPP. The Contractor as a sponsor of the ETTP MEPP will be reimbursed for pension contributions in the amounts

H-13 necessary to ensure that the plan is funded to meet the annual minimum requirement under ERISA, as amended by the Pension Protection Act (PPA) of

2006. This includes the contributions of any subcontractor that is a participating employer/sponsor in the ETTP MEPP. However, reimbursement for pension contributions above the annual minimum contribution required under ERISA, as amended by the PPA, will require prior approval of the Contracting Officer and will be considered on a case by case basis. Reimbursement amounts will take into consideration all pre-funding balances and funding standard carryover balances.

(2) The costs of the employee’s participation in the Incumbent Contractor’s health and welfare plans (or pay-as-you-go costs of benefits under substantially equivalent PRB plans) for Grandfathered Employees.

(3) The costs of the Contractor’s severance benefits for those Incumbent Employees that were hired and that met the eligibility requirements of the ETTP Severance

Plan and to the extent the Contractor’s severance benefits are substantially equivalent to the ETTP Severance Plan in which SSI participated.

(F) Reporting Requirements for Designated Contracts. The following reports shall be submitted to DOE as soon as possible after the last day of the plan year by the

Contractor responsible for each designated pension plan (plans for which costs were reimbursed) funded by DOE but no later than the dates specified below:

(1) Actuarial Valuation Reports. The annual actuarial valuation report for each DOE-reimbursed pension plan and when a pension plan is commingled, the Contractor shall submit separate reports for DOE’s portion and the plan total by the due date for filling IRS Form 5500.

(2) Forms 5500. Copies of IRS Forms 5500 with Schedules for each DOE-funded pension plan, no later than that submitted to the IRS.

(3) Forms 5300. Copies of all forms in the 5300 series submitted to the IRS that document the establishment, amendment, termination, spin-off, or merger of a plan submitted to the IRS.

(G) Changes to Pension Plans

At least sixty (60) days prior to the adoption of any changes to a pension plan for which DOE reimburses costs, the Contractor shall submit the information required below, as applicable, to the Contracting Officer for approval or disapproval and a determination as to whether the costs are deemed allowable pursuant to FAR 31.205-

6, as supplemented by DEAR 970.3102-05-6.

(1) For proposed changes to pension plans and pension plan funding, the Contractor shall provide the following to the Contracting Officer:

(a) a copy of the current plan document (as conformed to show all prior plan amendments), with the proposed new amendment indicated in redline/strikeout;

(b) an analysis of the impact of any proposed changes on actuarial accrued liabilities and costs;

(c) except in circumstances where the Contracting Officer indicates that it is unnecessary, a legal explanation of the proposed changes from the counsel

H-14 used by the plan for purposes of compliance with all legal requirements applicable to private sector defined benefit pension plans;

(d) the Summary Plan Description; and

(e) any such additional information as requested by the Contracting Officer.

The Contractor shall submit new benefit plans and changes to plan design or funding methodology with justification to the Contracting Officer for approval as identified under the cost reimbursable CLIN. The justification must:

(a) demonstrate the effect of the plan changes on the contract net benefit value or per capita benefit costs;

(b) provide the dollar estimate of savings or costs; and

(c) provide the basis of determining the estimated savings or cost.

(H) Withdrawal from the ETTP MEPP. The Contractor shall not withdraw from the

ETTP MEPP without the prior, written approval of the Contracting Officer. If the

Contractor withdraws without the consent of the Contracting Officer, all costs

(including withdrawal liability under ERISA) associated with such withdrawal may be determined to be unallowable and the Government retains the right to assert a claim against the Contractor for any costs of the Department associated with such withdrawal.

(I) Changes to the ETTP MEPP. In addition to any other provisions of this Contract, any changes or amendments to the ETTP MEPP must be approved in writing in advance by the Contracting Officer and shall be in accordance with applicable law, including compliance with any applicable collective bargaining agreement(s).

(J) Change in Name. The name(s) of the ETTP MEPP, and other benefit plans may change as a result of the change in lead sponsorship of these plans. Any references to the ETTP MEPP, and other benefit plans contained in this Contract apply to these plans as renamed.

(K) Terminating Plans for which DOE Reimburses Costs

(1) The Contractor shall not terminate any pension plan (Commingled or site specific) without requesting Departmental approval at least 60 days prior to the scheduled date of plan termination.

(2) To the extent possible, the Contractor shall satisfy plan liabilities to plan participants by the purchase of annuities through competitive bidding on the open annuity market or lump sum payouts. The Contractor shall apply the assumptions and procedures of the Pension Benefit Guaranty Corporation.

(3) Funds to be paid or transferred to any party as a result of settlements relating to pension plan termination or reassignment shall accrue interest from the effective date of termination or reassignment until the date of payment or transfer.

(4) If ERISA or IRC rules prevent a full transfer of excess DOE reimbursed assets from the terminated plan, the Contractor shall pay any deficiency directly to DOE according to a schedule of payments to be negotiated by the parties.

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(5) On or before the same day as the Contractor notifies the IRS of the spinoff or plan termination, all plan assets assigned to a spun-off or terminating plan shall be placed in a low-risk liability matching portfolio until the successor trustee, or an insurance company, is able to assume stewardship of those assets

(6) DOE liability to a Commingled pension plan shall not exceed that portion which corresponds to DOE contract service. The DOE shall have no other liability to the plan, to the plan sponsor, or to the plan participants.

(7) After all liabilities of the plan are satisfied, the Contractor shall return to DOE an amount equaling the asset reversion from the plan termination and any earnings which accrue on that amount because of a delay in the payment to DOE. Such amount and such earnings shall be subject to DOE audit. To affect the purposes of this paragraph, DOE and the Contractor may stipulate to a schedule of payments.

(L) Terminating Operations

When operations at a designated DOE facility are terminated and no further work is to occur under the prime contract, the following apply:

(1) No further benefits for service shall accrue.

(2) The Contractor shall provide a determination statement in its settlement proposal, defining and identifying all liabilities and assets attributable to the DOE contract.

(3) The Contractor shall base its pension liabilities attributable to DOE contract work on the market value of annuities or lump sum payments or dispose of such liabilities through a competitive purchase of annuities or lump sum payouts.

(4) Assets shall be determined using the “accrual-basis market value” on the date of termination of operations.

(5) DOE and the Contractor(s) shall establish an effective date for spinoff or plan termination. On the same day as the contractor notifies the IRS of the spinoff or plan termination, all plan assets assigned to a spun-off or terminating plan shall be placed in a low-risk liability matching portfolio until the successor trustee, or an insurance company, is able to assume stewardship of those assets.

(M) Special Programs

The Contractor must advise the Contracting Officer and receive prior approval for each early-out program, window benefit, disability program, plan-loan feature, employee contribution refund, asset reversion, or incidental benefit.

(N) Definitions

(1) Commingled Plans. Cover employees from the Contractor's private operations and its DOE contract work.

(2) Current Liability. The sum of all plan liabilities to employees and their beneficiaries. Current liability includes only benefits accrued to the date of valuation. This liability is commonly expressed as a present value.

(3) Defined Benefit Pension Plan. Provides a specific benefit at retirement that is determined pursuant to the formula in the pension plan document.

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(4) Defined Contribution Pension Plan. Provides benefits to each participant based on the amount held in the participant’s account. Funds in the account may be comprised of employer contributions, employee contributions, investment returns on behalf of that plan participant and/or other amounts credited to the participant’s account.

(5) Designated Contract. A contract (other than a prime cost reimbursement contract for management and operation of a DOE facility) for which the Head of the

Departmental Contracting Activity determines that advance pension understandings are necessary or where there is a continuing Departmental obligation to the pension plan.

(6) Pension Fund. The portfolio of investments and cash provided by employer and employee contributions and investment returns. A pension fund exists to defray pension plan benefit outlays and (at the option of the plan sponsor) the administrative expenses of the plan.

(7) Separate Accounting. Account records established and maintained within a commingled plan for assets and liabilities attributable to DOE contract service.

NOTE: The assets so represented are not for the exclusive benefit of any one group of plan participants.

(8) Separate Plan. Must satisfy IRC Sec. 414(1) definition of a single plan, designate assets for the exclusive benefit of employees under DOE contract, exist under a separate plan document (having its own Department of Labor plan number) that is distinct from corporate plan documents and identify the contractor as the plan sponsor.

(9) Spun-off Plan. A new plan which satisfies IRC Reg. 1.414 (l)-1 requirements for a single plan and which is created by separating assets and liabilities from a larger original plan. The funding level of each individual participant’s benefits shall be no less than before the event, when calculated on a “plan termination basis.”

WORKFORCE TRANSITION AND BENEFITS TRANSITION: PLANS AND

TIMEFRAMES

(A) Workforce Transition Planning. Notwithstanding timeframes identified elsewhere in the Contract, the Contractor shall perform the following activities in the specified timeframes:

(1) Within ten days after Notice to Proceed, the Contractor shall:

(a) Submit to the Contracting Officer a description of any and all workforce transition agreements that it intends to enter into with SSI, or other contractors, to ensure compliance with Clause H.4 during the first 60 days after Notice to Proceed and during the remaining period of performance under the Contract;

(b) Establish and submit to the Contracting Officer a draft written communication plan that details the communication that the Contractor and its subcontractors will engage in with SSI, or other contractors, and their employees or former employees, regarding implementation of the requirements set forth in Clause

H.4; and

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(c) Obtain information from SSI, or other contractors, identifying the employees who have initially been identified as being at risk of being involuntarily separated. Provide and define a process as part of transition agreements required in paragraph (1)(a) above for obtaining updated and continuous information through the Transition Period regarding the identification of employees by SSI, or other contractors, that have been identified as being at risk of being involuntarily separated.

(2) Within 15 days after Notice to Proceed, the Contractor shall:

(a) Submit to the Contracting Officer copies of the draft Workforce Transition

Plan for the Contractor and its first and second tier subcontractors, describing the processes and procedures regarding how the Contractor will implement and ensure compliance with the hiring preferences set forth in Clause H.4 during the Contract Transition Period and the remaining period of performance under the Contract.

(b) Establish a final written communication plan with SSI, or other contractor, employees regarding the implementation of the hiring preferences in Clause

H.4 and provide a copy to the Contracting Officer. The communication plan shall also include a communication process among the Contractor, Incumbent

Contractor, DOE, site contractors, and incumbent union(s) representatives.

(3) Within 30 days after Notice to Proceed, the Contractor shall provide to the

Contracting Officer copies of the final Workforce Transition Plan and draft workforce transition agreements it proposes to enter into with SSI, or other contractors, consistent with the requirements of Clause H.5 above.

(4) Within 45 days after Notice to Proceed, the Contractor shall provide to the

Contracting Officer:

(a) copies of the final workforce transition agreements with SSI, or other contractors, consistent with the requirements of Clause H.4 above;

(b) a written…