89303420QEM000001 (003).pdf

89303420QEM000001

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

07/29/2020

1 49

EMCBC

U.S. Department of Energy 3748 West Jemez Road

EM-Los Alamos

Mailstop 316 Los Alamos NM 87544

Multiple

505 257-7939Aaron Romero

08/05/2020 1800 CT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

00001

00002

00003

Period of Performance: 09/01/2020 to 12/31/2020

Labor Support - Subject Matter Experts;

Management/Internal Legal

Materials and Travel

Regulatory/Ancillary Costs

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ENVIRONMENTAL MANAGEMENT – LOS ALAMOS

REQUEST FOR QUOTE 89303420QEM000001

ADMINISTRATIVE SUPPORT

TABLE OF CONTENTS

Section B – Supplies or Services and Prices/Cost 3

Section C – Description/Specifications/Statement of Work 4

Section D – Packaging and Marking 7

Section E – Contract Administration Data 8

Section F – Special Contract Requirements 8

Section G – Contract Administration Data 8

Section H – Special Contract Requirements 10

Section I – Contract Clauses 15

Section J – List of Documents, Exhibits, and Other Attachments 45

Section K – Representations and Certifications, and Other Statements of 45

Offerors or Respondents

Section L – Instructions, Conditions, and Notices to Contractor or Respondents 45

Section M – Evaluation Factors for Award 49

SECTION B: SUPPLIES OR SERVICES AND PRICES/COSTS

Section B of this Request for Quote (RFQ) is implemented and lists the clauses applicable to Firm-Fixed Price Purchase Order (PO). The following clauses listed below are in addition to the applicable clauses incorporated by reference.

1. TYPE OF PURCHASE ORDER AND SERVICES BEING ACQUIRED

The result of this RFQ will be a Firm Fixed Price (FFP) Purchase Order to obtain administrative support for the transportation and storage of nuclear waste. The Contractor shall furnish all personnel, facilities, equipment, material, supplies, and services (except as may be expressly set forth in this contract as furnished by the Government) and otherwise do all things necessary for, or incident to, the performance of the items of work which are described in the Section C – Statement of Work.

2. PRICE SCHEDULE

Period of Performance: Date Of Award to December 31, 2020

CLIN Schedule of Supplies / Services

Quantity Unit of Measure

Unit Price Extended Amount

0001 Labor Support – Subject Matter Experts;

Management/Internal Legal

1 Lump Sum

0002 Materials and Travel 1 Lump Sum

0003 Regulatory/Ancillary Costs 1 Lump Sum

SECTION C: DESCRIPTIONS/SPECIFICATIONS/

STARTEMENT OF WORK

C.1 Background

DOE sent TRU/Greater than Class C (GTCC) waste from Los Alamos National Laboratory (LANL) to a Contractor in Andrews County, Texas for temporary storage after the February 2014 salt truck fire and radiological release events caused the shutdown of the Waste Isolation Pilot Plant (WIPP), which is the intended disposal facility for the LANL TRU/GTCC waste. At the time, the shipment of the LANL TRU waste to the Contractor was believed to be compliant with applicable Department of Transportation (DOT) standards and regulations. These waste containers and their contents were believed to be acceptable for disposal at WIPP without any additional treatment.

The TRU/GTCC waste was intended to be stored at the Contractor’s facility for less than 365 days from the initial date of receipt of each shipment. All shipments to the Contractor were made in accordance with the then WIPP shipping requirements, using WIPP shipping containers, trucks, trailers, and personnel. After shipments to the Contractor’s had already started and TRU/GTCC waste was received by the Contractor, it was determined that the source of the radiological release at WIPP was a LANL drum. At that point, all TRU/GTCC waste shipments to the Contractor from LANL for temporary storage immediately ceased.

Further investigation by DOE determined an exothermic reaction involving the mixture of the organic materials, absorbent, and/or neutralizer, and nitrate salts occurred inside LANL drum 68660 at WIPP. This exothermic reaction resulted in pressurization of the drum, failure of the drum locking ring, and displacement of the drum lid causing the release of radioactive materials in the WIPP underground disposal area. It was confirmed by DOE that some of the LANL TRU waste received for storage by the Contractor is from the same population as the reactive drum at

WIPP.

There are currently three categories of TRU/GTCC waste stored at the Contractor’s facility in Andrews, Texas that require further interim storage. These categories are referred to as Type 1, Type 2, and Type 3, and are described as follows:

The Type 1 CH TRU Waste category consists of waste that remains above ground at the

Contractor’s Container Storage Building (CSB) and does not contain any D001-ignitability or D002-corrosivity coded waste.

The Type 2 CH TRU Waste category is very small and consists of stable waste mostly located above ground at the Contractor’s CSB. The Type 2 waste includes D001 and/or D002 codes but does not contain the same waste composition as the drum that reacted at WIPP.

The Type 3 CH TRU Waste category consists of waste that is currently contained within Modular Concrete Canisters (MCCs) below-grade within the Contractor’s Federal Waste Facility (FWF). This population consists primarily of D001 and D002 coded waste (with the same or similar waste composition as the drum that reacted at WIPP) that poses significant health and safety hazards including the potential for severe exothermic reaction.

* Some Type 1 and 2 wastes drums in Solid Waste Boxes are in the MCCs as they were packaged with Type 3 wastes in building WIPP payloads at LANL.

C.2 SCOPE OF WORK

C.2.1 General Scope

The DOE Environmental Management-Los Alamos Field Office (EM-LA) is examining options for processing and disposing Contact Handled – TRU (CH-TRU) or GTCC currently stored at the Contractor’s facility. The objective of this purchase order is for the Contractor to support the planning of the tasks necessary that would support and enable the removal of the waste currently stored in the Federal Waste Facility. This purchase order is also for the purpose of having the Contractor take and/or support ancillary actions required under the Agreed Orders (as defined in Section C.6 below) and support regulatory meetings, interpretation of requirements, and other ancillary activities regarding the CH-TRU or GTCC waste. This purchase order does not cover (1) storage of the waste, which is the subject of task order number DE-EM0005117; nor (2) execution of the removal of waste from the federal waste facility (e.g., for processing and disposal).

C.2.2 Background on Feasibility Study for TRU Waste Containers Stored at the Contractor’s Facility

The path forward performed by DOE may include a range of options to be considered and will provide the technical basis for future activities that may include design, operational services and/or equipment. It may require a combination of transportation, construction, permitting and capital projects.

The proposed options for disposal of this TRU waste are:

Stabilize the waste at the Contractor’s facility for onsite treatment, packaging, re-certification, and disposal at WIPP;

Stabilize the waste at the Contractor’s facility before shipping drums to another DOE site for treatment, packaging, re-certification, and disposal at WIPP;

Ship the waste directly to LANL with no treatment aby the Contractor;

Ship the waste directly to WIPP for disposal.

C.2.3 Planning Necessary to Support the Removal of Transuranic Waste Currently Stored in the Federal Waste Facility

The Contractor shall initiate activities to support the pre-planning activities involving the LANL TRU Waste stored in the Federal Waste Facility Cell (FWF) by the Contractor in Andrews, TX.

These planning efforts should include the necessary regulatory applications and approvals necessary to support the removal of the waste from the FWF such that the waste can be inspected and readied for disposition.

Pre-planning activities include, developing an Assessment Work Plan for removal, transport to Container Storage Building (CSB) or Waste Treatment Building, Mockup test, filter replacement, MCC lid removal, pea gravel removal, inspection and/or replacement of lifting straps, visual inspection of Standard Waste Box, radiological monitoring, Headspace Gas sampling/scoping

(performed by DOE Carlsbad), NRC Order/TCEQ Permit paperwork/communications, general meetings, travel, safe storage of waste in CSB or FWF, and all requirements to perform these actions a safe and secure manner. An order of magnitude cost estimate for all the preparations necessary to remove the waste contained in one Modular Concrete Container Contractor shall produce an initial resource loaded schedule including any findings, discoveries, and lessons-learned to EMLA from this pre-planning assessment.

The Contractor shall also conduct activities associated with the task order DE-EM0005117.

C.2.4 Items to be Furnished and Deliverable Schedule

The Contractor shall submit all required reports and deliverables in accordance with the following schedule:

Item # Description Quantity Due Date Recipient

001 Resource Loaded Schedule Necessary to Support Removal of Waste from the First MCC

1 6 weeks after the award date

Contracting Officer Representative

Recipient delivery addresses will be provided at time of award.

C.2.5 Applicable Codes, Standards, and Procedures

This purchase order will require use of Official Use Only (OUO) information. The Contractor shall process all OUO in accordance with DOE M 471.3-1, “Manual for Identifying and Protecting Official Use Only Information.” The Contractor shall also comply with all applicable export control regulations.

C.3 Work Location

The work location shall be at the discretion of the Contractor. Any travel associated with this requirement will be funded by the Contractor.

C.4 Contractor Interface and Access Safety

All work performed on this effort must be performed in a manner that is consistent with the procedures established by the Contractor that apply to site access controls, safeguards and security requirements, and the safe conduct of work.

C.5 Quality and Acceptance of Deliverables

All deliverables shall be high quality and free of spelling and grammatical errors. Drawings shall be in a commercially available format and not contain or reproduce proprietary information.

Reports and presentations shall be provided in electronic format utilizing Adobe, Microsoft Office, or another industry standard, commercially available software. Files will be submitted to the designated Government representative identified at time of award.

C.6 Permit and Related Matters

DOE acknowledges that the Contractor is providing storage services for the waste subject to the Agreed Order Docket No. 2015-1139-IHW-E dated December 9, 2015 between the Texas Commission on Environmental Quality (TCEQ) and DOE; and Agreed Order Docket No. 2015- 0514-RAW-E between TCEQ and the Contractor (the "Agreed Orders"). The Contractor shall comply with the requirements of applicable Federal, State, and local laws and regulations (including DOE regulations), unless relief has been granted in writing by the appropriate regulatory agency.

(a) Except as otherwise directed by the Contracting Officer, the Contractor shall procure all necessary permits or licenses required for the performance of work.

(b) Regardless of the performer of the work, the Contractor is responsible for compliance with the requirements of this section. The Contractor is responsible for flowing down the requirements of this section to subcontracts at any tier to the extent necessary to ensure the Contractor's compliance with the requirements.

SECTION D: PACKAGING AND MARKING

1. PACKAGING

Preservation and packaging for shipment or mailing of all work delivered hereunder shall be in accordance with good commercial practice to ensure acceptance by common carrier and safe transportation at the most economical rate(s).

2. MARKING

(a) Each package, report or other deliverable shall be accompanied by a letter or other document which:

1. Identifies the Order by number under which the item is being delivered.

2. Identifies the deliverable Item Number or Report Requirement which requires the delivered item(s).

3. Indicates whether the Contractor considers the delivered item to be a partial or full satisfaction of the requirement.

(b) For any package, report, or other deliverable being delivered to a party other than the Contracting Officer (CO), a copy of the document required in (a) above shall be simultaneously provided to the CO administering the order.

SECTION E: INSPECTION AND ACCEPTANCE

1. INSPECTION AND ACCEPTANCE

Inspection of all items under this order shall be accomplished by the Contracting Officer's Representative (COR), or any other duly authorized Government representative identified by the CO responsible for order.

The Contractor will be notified in writing or by a copy of the delegation of authority if a representative other than the CO or the COR identified in the purchase order is designated.

Acceptance of all work and effort under this order shall be accomplished in writing by the Contracting Officer or by his/her duly authorized representative.

Final inspection and acceptance of the work under this order shall be accomplished by the Contracting Officer upon completion of all order requirements.

SECTION F: DELIVERIES OR PERFORMANCE

1. EMCBC-F-2001 DELIVERY SCHEDULE (OCT 2014)

The Contractor shall complete all deliverables as found in Section C - Performance Work Statement.

2. PERIOD OF PERFORMANCE

The purchase order period of performance shall be from date of award to December 31, 2020.

The Contractor shall not be paid for work performed or costs incurred prior to the award start date. The Contractor is not authorized to proceed beyond the contract period of performance, nor will the Contractor be paid for any costs incurred beyond that period unless the contract is modified by the Contracting Officer to extend the period of performance.

SECTION G: CONTRACT ADMINISTRATION DATA

1. PURCHASE ORDER INVOICING INFORMATION

(a) Contractors shall submit invoices in accordance with the information discussed in FAR 52.212-4 (g).

(b) VIPERS. The Contractor is required to submit progress payment invoices and supporting documentation electronically through the Oak Ridge Financial Service Center’s (ORFSC) Contractor Inquiry Payment Electronic Reporting System (VIPERS) which is accessible at http://finweb.oro.doe.gov. Detailed instructions on how to enroll and use the system are provided on the web page.

The website provides the Contractor the following system capability, required EFT banking form/information, and instructions:

Logon to VIPERs Request Access Contractor Banking Data Form Registration Invoice Status Electronic Invoicing

(c) The Government will make payments to the Contractor monthly by electronic fund transfer (EFT) no later than thirty (30) business days after receipt of an acceptable invoice and confirmation that the service and any related installation has been inspected and accepted by the Contracting Officer or his or her duly representative. An acceptable invoice contains the information discussed in FAR 52.212-4

(g) discussed above.

(d) In the case of technical difficulties or VIPERS system closure, the Contractor can send official invoices to the DOE Payment Office at:

U.S. Department of Energy Oak Ridge Financial Service Center P. O. Box 5777 Oak Ridge, TN 37831

(e) A copy shall be submitted to the invoicing approval official via email:

US Department of Energy Environmental Management – Los Alamos Field Office Kara Hetrick, Contracting Officer

Kara.Hetrick@em.doe.gov

(f) Official invoices submitted via E-Mail or paper mail will not be accepted.

(g) Inquiries regarding the status of an invoice should be directed to the Oak Ridge Financial Center at

(888) 251-3557, orfscmail@oro.doe.gov, web site: https://orfsc.oro.doe.gov/payment services/contctsl.htm, or by the Contracting Officer.

(h) Payments to the Contractor will be made only by electronic funds transfer (EFT).

2. CORRESPONDENCE PROCEDURES

For timely and effective purchase order administration and correspondence, please refer all contractual issues to the following Government points of contact:

Aaron Romero [Contract Specialist] Address: 1200 Trinity Drive, Los Alamos, NM 87544 Phone: 505-257-7939 Email: aaron.romero@em.doe.gov

Kara Hetrick [Contracting Officer] Address: 1200 Trinity Drive, Los Alamos, NM 87544

Phone: 505-257-7918 Email: kara.hetrick@em.doe.gov

Please refer all Technical issues to the following Government points of contact:

M. Lee Bishop [Contracting Officer Representative] Address: Pueblo Complex, 1900 Diamond Drive, Los Alamos, NM 87544 Phone: 505-257-7902 Email: lee.bishop@em.doe.gov

3. CONTRACTOR’S POINT OF CONTACT

The Contractor shall identify to the Contracting Officer the official who is also responsible for managing, administering, negotiating, and executing changes or modifications to the terms and conditions of this purchase order.

SECTION H: SPECIAL CONTRACT REQUIREMENTS

1. CONSECUTIVE NUMBERING

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

2. MODIFICATION AUTHORITY

Notwithstanding any of the other clauses of this contract, the Contracting Officer is the only individual authorized to:

(a) Accept nonconforming work,

(b) Waive any requirement of this contract, or

(c) Modify any term or condition of this contract.

3. LOBBYING RESTRICTION (CONSOLIDATED APPROPRIATIONS ACT, 2014)

The Contractor agrees that none of the funds obligated under this contract or any task order issued under this contract shall be expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation.

4. ACCESS TO DOE-OWNED OR LEASED FACILITIES

(a) The performance of this contract requires that employees of the Contractor have physical access to DOE-owned or leased facilities; however, this clause does not control requirements for an employee's obtaining a security clearance. The Contractor understands and agrees that DOE has a prescribed process with which the Contractor and its employees must comply in order to receive a security badge that allows such physical access. The Contractor further understands that it must propose employees whose background offers the best prospect of obtaining a security badge approval for access. The contract shall consider the following potential disqualifiers which are not all inclusive and may vary depending on access requirements:

(1) is, or is suspected of being, a terrorist;

(2) is the subject of an outstanding warrant;

(3) has deliberately omitted, concealed, or falsified relevant and material facts from any

Questionnaire for National Security Positions (SF-86), Questionnaire for Non-Sensitive Positions (SF-85), or similar form;

(4) has presented false or forged identity source documents;

(5) has been barred from Federal employment;

(6) is currently awaiting a hearing or trial or has been convicted of a crime punishable by imprisonment of six (6) months or longer; or

(7) is awaiting or serving a form of pre-prosecution probation, suspended or deferred sentencing, probation or parole in conjunction with an arrest or criminal charges against the individual for a crime that is punishable by imprisonment of six (6) months or longer.

(b) The Contractor shall assure:

(1) In initiating the process for gaining physical access, (i) compliance with procedures established by DOE in providing its employee(s) with any forms directed by DOE, (ii) that the employee properly completes any forms, and (iii) that the employee(s) submits the forms to the person designated by the Contracting Officer. (CO).

(2) In completing the process for gaining physical access, that its employee (i) cooperates with DOE officials responsible for granting access to DOE -owned or leased facilities and (ii) provides additional information, requested by those DOE officials.

(c) The Contractor understands and agrees that DOE may unilaterally deny a security badge to an employee and that the denial remains effective for that employee unless DOE subsequently determines that access may be granted. To obtain a security badge employees must be US Citizens. Upon notice from DOE that an employee's application for a security badge is or will be denied, the Contractor shall promptly identify and submit the forms referred to in subparagraph (b)(1) of this clause for the substitute employee.

The denial of a security badge to individual employees by DOE shall not be cause for extension of the period of performance of this Contract or any contractor claim against DOE.

(d) The Contractor shall return to the CO or designee the badge(s) or other credential(s) provided by DOE pursuant to this clause, granting physical access to DOE -owned or leased facilities by the Contractor's employee(s), upon (1) the termination of this Contract; (2) the expiration of this Contract; (3) the termination of employment on this Contract by an individual employee; or (4) demand by DOE for return of the badge.

(e) The Contractor shall include this clause, including this paragraph (e), in any subcontract, awarded in the performance of this Contract, in which an employee(s) of the subcontractor will require physical access to DOE -owned or leased facilities.

5. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND

PRODUCTS -- SENSE OF CONGRESS

It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this award should be American-made.

6. CONSERVATION OF UTILITIES

The Contractor shall instruct its employees in utilities conservation practices. The Contractor shall operate under conditions that preclude the waste of utilities. The Contractor shall use lights only in areas where and at the time when work is actually being performed except in those areas where lighting is essential for purpose of safety and security.

7. CONTRACTOR INTERFACE WITH OTHER CONTRACTORS AND/OR GOVERNMENT

EMPLOYEES

DOE may award contracts for on-site work or services to additional contractors. The Contractor shall cooperate fully with all other on site DOE contractors, and with Government employees, and carefully fit its own work to such other work as may be directed by the CO or a duly authorized representative. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor or by a Government employee.

8. INSURANCE - WORK ON A GOVERNMENT INSTALLATION

The following kinds and minimum amounts of insurance are required during the performance of this contract:

(a) Worker's Compensation and Employer's Liability Insurance:

(1) The amount required by the state in which the work is being performed under applicable Worker's Compensation and occupational disease statutes.

(2) Employer's liability insurance in the amount of $100,000.

(b) General Liability Insurance. Bodily liability coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability Insurance. Coverage shall be on the comprehensive form of policy. It shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(d) The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

9. DISPUTES

In addition to any other clauses contained herein related to Alternate I of Section I, Clause 52.233-1, Disputes, any dispute between the Contractor and the Ordering Office shall be handled between the CO identified in the task order and the Contractor.

10. ALTERNATE DISPUTE RESOLUTION (ADR)

(a) The DOE and the Contractor both recognize that methods for fair and efficient resolution of significant disputes are essential to the successful and timely achievement of critical milestones and completion of all Contract requirements. Accordingly, the parties agree that in the event of a dispute to jointly select a 'standing neutral.' The standing neutral will be available to help resolve disputes as they arise. Such standing neutral can be an individual, a board comprised of three independent experts, or a company with specific expertise in the Contract area. If a standing neutral cannot be agreed upon, the DOE Office of Dispute Resolution will make a selection. Specific joint ADR processes shall be developed.

(b) The parties agree the following provision may be invoked for significant disputes upon mutual agreement of the DOE and the Contractor:

(1) DOE and the Contractor shall use their best efforts to informally resolve any dispute, claim, question, or disagreement by consulting and negotiating with each other in good faith, recognizing their mutual interests, and attempting to reach a just and equitable solution satisfactory to both parties.

If any agreement cannot be reached through informal negotiations within 30 days after the start of negotiations, then such disagreement shall be referred to the standing neutral, pursuant to the jointly-developed ADR procedures.

(2) The standing neutral will not render a decision, but will assist the parties in reaching a mutually satisfactory agreement. In the event the parties are unable after 30 days to reach such an agreement, either party may request, and the standing neutral will render, a non-binding advisory opinion. Such opinion shall not be admissible in evidence in any subsequent proceedings.

(c) If one party to this Contract requests the use of the process set forth in Paragraphs b(1) and b(2) of this clause and the other party disagrees, the party disagreeing must express its position in writing to the other party. On any such occasion, if the party requesting the above process wishes to file a claim they may proceed in accordance with Section I, FAR 52.233-1 Disputes or FAR 52.233-1 Disputes Alternate I.

11. NO THIRD PARTY BENEFICIARIES

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.

12. PRESERVATION OF ANTIQUITIES, WILDLIFE AND LAND AREAS

(a) Federal Law provides for the protection of antiquities located on land owned or controlled by the Government. Antiquities include Indian graves or campsites, relics and artifacts. The Contractor shall control the movements of its personnel and its subcontractor's personnel at the job site to ensure that any existing antiquities discovered thereon will not be disturbed or destroyed by such personnel. It shall be the duty of the Contractor to report to the Contracting Officer the existence of any antiquities so discovered.

(b) The Contractor shall also preserve all vegetation (including wetlands) except where such vegetation must be removed for survey or construction purposes. Any removal of vegetation shall be in accordance with the terms of applicable habitat mitigation plans and permits. Furthermore, all wildlife must be protected consistent with programs approved by the Contacting Officer.

(c) Except as required by or specifically provided for in other provisions of this contract, the Contractor shall not perform any excavations, earth borrow, preparation of borrow areas, or otherwise disturb the surface soils within the job site without the prior approval of DOE or its designee.

13. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF THE OFFEROR

The Representations, Certifications, and Other Statements of the contractor, dated (to be inserted at contract award), made in response to the RFQ hereby incorporated into this contract by reference.

These key elements create a climate in which issues can be raised, openly discussed, and jointly settled, without getting into an adversarial relationship. In this way, partnering is a mindset, and a way of doing business. It is an attitude toward working as a team, and achieving successful project execution. This endeavor seeks an environment that nurtures team building cooperation, and trust between the Government and the Contractor. The partnership strives to draw on the strengths of each organization in an effort to achieve a quality project done right the first time, within budget, and on schedule.

Participation in the partnership will be totally voluntary by the parties. Any cost associated with effectuating this partnership will be agreed to by both parties during Contract performance. The U.S.

Army Corps of Engineers has championed partnering and their guidelines will be utilized in organizing partnering meetings and establishing a partnering agreement.

14. GREEN PURCHASING UNDER DOE SERVICE CONTRACTS

Pursuant to Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management, the Department of Energy is committed to managing its facilities in a manner that will promote the natural environment and protect the health and well-being of its Federal employees and contractor service providers. In the performance of work under this contract, the Contractor shall exert its best efforts to provide its services in a manner that will promote the natural environment and protect the health and well-being of Federal employees, contract service providers and visitors using the facility.

Green purchasing or environmentally preferable contracting includes the initiatives described below:

Alternative Fuels and Vehicles are described at http://afdc.energy.gov/afdc/ Biobased Products are described at http://www.biopreferred.gov/ Energy efficient products are described at http://;energystar.gov/products for Energy Star products and at http://www.eere.energy.gov/femp/procurement for FEMP designated products Environmentally Preferable Computers are described at http://www.epeat.net Non-Ozone Depleting Products are described at http://www.epa.gov/Ozone/snap.index.html Recycled Products are described at http://epa.gov/cpg Water efficient products are described at http://epa.gov/watersense/

To the extent that the services provided by the Contractor require the provision of any of the above types of products, the environmentally preferable type of product is to be furnished unless that type of product is not available competitively within a reasonable time, at a reasonable price, is not life cycle cost efficient in the case of energy consuming products, or does not meet reasonable performance standards.

The clauses at FAR 52.223-2, Affirmative Procurement of Biobased products under Service and Construction Contracts, 52.223-15, Energy Efficiency in Energy Consuming Products, and 52.223-17, Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts, in Section I require the use of products that have biobased content, are energy efficient, or have recycled content.

SECTION I - CONTRACT CLAUSES

52.202-1 DEFINITIONS. (NOV 2013)

52.203-3 GRATUITIES. (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT. (SEP 2006)

52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL

OR IMPROPER ACTIVITY. (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY. (MAY

2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS. (OCT 2010)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. (OCT 2015)

52.203-14 DISPLAY OF HOTLINE POSTER(S). (OCT 2015)

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)-

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites-

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from

[Contracting Officer shall insert-(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and (ii) The website(s) or other contact information for obtaining the poster(s).]

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5.5 million, except when the subcontract-

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (APR 2014)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT

PAPER. (MAY 2011)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL. (JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS. (OCT 2018)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2018)

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS. (OCT 2016)

ADMINISTRATIVE SUPPORT

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT.

(OCT 2015)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS. (OCT 2018)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS. (NOV 2015)

52.213-1 FAST PAYMENT PROCEDURE. (MAY 2006)

52.213-2 INVOICES. (APR 1984)

52.213-3 NOTICE TO SUPPLIER. (APR 1984)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (OCT 2018)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION. (JUL 2013)

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code [insert NAICS Code] assigned to contract number [insert contract number]. (Contractor to sign and date and insert authorized signer's name and title).

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES. (FEB 1997)

52.222-3 CONVICT LABOR. (JUN 2003)

52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS. (MAY 2014)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES. (APR 2015)

52.222-26 EQUAL OPPORTUNITY. (SEP 2016)

52.222-37 EMPLOYMENT REPORTS ON VETERANS. (FEB 2016)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT. (DEC 2010)

52.222-41 SERVICE CONTRACT LABOR STANDARDS. (AUG 2018)

ADMINISTRATIVE SUPPORT

52.222-50 COMBATING TRAFFICKING IN PERSONS. (JAN 2019)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION. (OCT 2015)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA. (JAN

1997) - ALTERNATE I (JUL 1995)

52.223-6 DRUG-FREE WORKPLACE. (MAY 2001)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING. (AUG 2011)

52.225-1 BUY AMERICAN - SUPPLIES. (MAY 2014)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008)

52.227-1 AUTHORIZATION AND CONSENT. (DEC 2007)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT. (DEC 2007)

52.227-11 PATENT RIGHTS-OWNERSHIP BY THE CONTRACTOR. (MAY 2014)

(a) As used in this clause-

Invention means any invention or discovery that is or may be patentable or otherwise protectable under title 35 of the U.S. Code, or any variety of plant that is or may be protectable under the Plant Variety Protection Act (7 U.S.C. 2321, et seq.)

Made means-

(1) When used in relation to any invention other than a plant variety, the conception or first actual reduction to practice of the invention; or

(2) When used in relation to a plant variety, that the Contractor has at least tentatively determined that the variety has been reproduced with recognized characteristics.

Nonprofit organization means a university or other institution of higher education or an organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)) and exempt from taxation under section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a)), or any nonprofit scientific or educational organization qualified under a State nonprofit organization statute.

Practical application means to manufacture, in the case of a composition of product; to practice, in the case of a process or method; or to operate, in the case of a machine or system; and, in each case, under such conditions as to establish that the invention is being utilized and that its benefits are, to the extent permitted by law or Government regulations, available to the public on reasonable terms.

Subject invention means any invention of the Contractor made in the performance of work under this contract.

ADMINISTRATIVE SUPPORT

(b) Contractor's rights (1) Ownership. The Contractor may retain ownership of each subject invention throughout the world in accordance with the provisions of this clause.

(2) License. (i) The Contractor shall retain a nonexclusive royalty-free license throughout the world in each subject invention to which the Government obtains title, unless the Contractor fails to disclose the invention within the times specified in paragraph (c) of this clause. The Contractor's license extends to any domestic subsidiaries and affiliates within the corporate structure of which the Contractor is a part, and includes the right to grant sublicenses to the extent the Contractor was legally obligated to do so at contract award. The license is transferable only with the written approval of the agency, except when transferred to the successor of that part of the Contractor's business to which the invention pertains.

(ii) The Contractor's license may be revoked or modified by the agency to the extent necessary to achieve expeditious practical application of the subject invention in a particular country in accordance with the procedures in FAR 27.302(i)(2) and 27.304- 1(f).

(c) Contractor's obligations. (1) The Contractor shall disclose in writing each subject invention to the Contracting Officer within 2 months after the inventor discloses it in writing to Contractor personnel responsible for patent matters. The disclosure shall identify the inventor(s) and this contract under which the subject invention was made. It shall be sufficiently complete in technical detail to convey a clear understanding of the subject invention. The disclosure shall also identify any publication, on sale (i.e., sale or offer for sale), or public use of the subject invention, or whether a manuscript describing the subject invention has been submitted for publication and, if so, whether it has been accepted for publication. In addition, after disclosure to the agency, the Contractor shall promptly notify the Contracting Officer of the acceptance of any manuscript describing the subject invention for publication and any on sale or public use.

(2) The Contractor shall elect in writing whether or not to retain ownership of any subject invention by notifying the Contracting Officer within 2 years of disclosure to the agency. However, in any case where publication, on sale, or public use has initiated the 1-year statutory period during which valid patent protection can be obtained in the United States, the period for election of title may be shortened by the agency to a date that is no more than 60 days prior to the end of the statutory period.

(3) The Contractor shall file either a provisional or a nonprovisional patent application or a Plant

Variety Protection Application on an elected subject invention within 1 year after election. However, in any case where a publication, on sale, or public use has initiated the 1-year statutory period during which valid patent protection can be obtained in the United States, the Contractor shall file the application prior to the end of that statutory period. If the Contractor files a provisional application, it shall file a nonprovisional application within 10 months of the filing of the provisional application. The Contractor shall file patent applications in additional countries or international patent offices within either 10 months of the first filed patent application (whether provisional or nonprovisional) or 6 months from the date permission is granted by the Commissioner of Patents to file foreign patent applications where such filing has been prohibited by a Secrecy Order.

(4) The Contractor may request extensions of time for disclosure, election, or filing under paragraphs (c)(1), (c)(2), and (c)(3) of this clause.

(d) Government's rights-(1) Ownership. The Contractor shall assign to the agency, on written request, title to any subject invention-

(i) If the Contractor fails to disclose or elect ownership to the subject invention within the times specified in paragraph (c) of this clause, or elects not to retain ownership; provided, that the agency may request title only within 60 days after learning of the Contractor's failure to disclose or elect within the specified times.

(ii) In those countries in which the Contractor fails to file patent applications within the times specified in paragraph (c) of this clause; provided, however, that if the Contractor has filed a patent application in a country after the times specified in paragraph (c) of this clause, but prior to its receipt of the written request of the agency, the Contractor shall continue to retain ownership in that country.

(iii) In any country in which the Contractor decides not to continue the prosecution of any application for, to pay the maintenance fees on, or defend in reexamination or opposition proceeding on, a patent on a subject invention.

(2) License. If the Contractor retains ownership of any subject invention, the Government shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice, or have practiced for or on its behalf, the subject invention throughout the world.

(e) Contractor action to protect the Government's interest. (1) The Contractor shall execute or have executed and promptly deliver to the agency all instruments necessary to-

(i) Establish or confirm the rights the Government has throughout the world in those subject inventions in which the Contractor elects to retain ownership; and

(ii) Assign title to the agency when requested under paragraph (d) of this clause and to enable the Government to obtain patent protection and plant variety protection for that subject invention in any country.

(2) The Contractor shall require, by written agreement, its employees, other than clerical and nontechnical employees, to disclose promptly in writing to personnel identified as responsible for the administration of patent matters and in the Contractor's format, each subject invention in order that the Contractor can comply with the disclosure provisions of paragraph (c) of this clause, and to execute all papers necessary to file patent applications on subject inventions and to establish the Government's rights in the subject inventions.