Contract_89303924CEM000051.pdf

00513

VipersSupport@hq.doe.gov by call/email 855-384-7377 or Any questions, please contact https://vipers.doe.gov OR for Richland

9084990031

KMRVBG4RJ

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

00601

See Schedule

00601 CODE 16. ADMINISTERED BYCODE

X

X

541110

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR893039

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

ET

08/01/2024

509-376-8800Trevor Toon (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION 5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 51 24EM002003OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

Alexandria VA 223145513 500 Madison St Unit 503 Attn: Yin Zhou Yin Zhou

17a. CONTRACTOR/

See Schedule

15. DELIVER TO

Richland WA 99352 P.O. Box 550, MSIN H5-20 Richland Operations Office U.S. Department of Energy

9. ISSUED BY

7.

89303924CEM000051

2. CONTRACT NO.

EFFECTIVE DATE

$15.5

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

NET 30

THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

Richland Operations Office

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

X

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

ADMINISTERED BY:

Richland Operations Office U.S. Department of Energy Richland Operations Office P.O. Box 550, MSIN H5-20 Richland WA 99352 US

DELIVER TO:

Richland Operations Office U.S. Department of Energy Richland Operations Office Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

$320,400.00

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Brenda S. Valadez 08/29/2024

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

01250-2024-34-421601-25102-1111668-0004626-0000000-0000000

08/11/2024

29. AWARD OF CONTRACT: REFERENCE

Signature on File

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

P.O. Box 550, MSIN H5-20

Richland WA 99352 US

DUNS Number: KMRVBG4RJ

UEI: KMRVBG4RJBP6

A Time and Materials standalone contract

89303924CEM000051 will be awarded to Yin Zhou for

Environmental Litigation Support services.

Fund: 01250 Appr Year: 2024 Allottee: 34 Report

Entity: 421601 Object Class: 25102 Program:

1111668 Project: 0004626 WFO: 0000000 Local Use:

0000000

Period of Performance: 09/02/2024 to 09/01/2025

00001 Base Period Services - Time & Materials - 1 FTE @ 201,600.00

1920 hrs

Embedded Lease: No

00002 Base Period ODCs - Time & Materials - Travel 12,000.00

Embedded Lease: No

01001 Option Period 1 Services - Time & Materials - 0.5 100,800.00

FTE @ 960 hrs

Embedded Lease: No

Amount: $100,800.00(Option Line Item)

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

51 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 51

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

Yin Zhou

(A) (B) (C) (D) (E) (F)

89303924CEM000051

01002 Option Period 1 ODCs - Time & Materials - Travel 6,000.00

Embedded Lease: No

Amount: $6,000.00(Option Line Item)

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

89303924CEM000051 - Environmental Litigation Support 4

Table of Contents

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF WORK

C.3 INVOICES

SECTION E

INSPECTION AND ACCEPTANCE

52.246-6 INSPECTION—TIME-AND-MATERIAL AND LABOR-HOUR. (MAY 2001)

E.1 INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

F.1 LOCATION

F.2 TRAVEL

F.3 PERIOD AND PLACE OF PERFORMANCE

F.4 DELIVERY SCHEDULE

F. 5 CONTRACTOR EVALUATION

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 MODIFICATION AUTHORITY

G.2 CORRESPONDENCE PROCEDURES

G.3 ASSIGNMENT

G.4 NON-SUPERVISION OF CONTRACTOR EMPLOYEES ON GOVERNMENT FACILITIES

G.5 INVOICE BILLING INSTRUCTIONS

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 ALTERNATIVE DISPUTE RESOLUTION (ADR)

H.2 CONTRACTOR INTERFACE WITH OTHER CONTRACTORS AND/OR GOVERNMENT

EMPLOYEES

H.3 LOBBYING RESTRICTION (ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES

APPROPRIATIONS ACT, 2008)

H.4 CONSECUTIVE NUMBERING (MAY 2009)

H.5 SECURITY REQUIREMENTS

H.6 SAFETY

89303924CEM000051 - Environmental Litigation Support 5

H.7 ORGANIZATIONAL CONFLICT OF INTEREST MANAGEMENT PLAN

H.8 CONFIDENTIALITY OF INFORMATION

H.9 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF THE OFFEROR

H.10 LOBBYING RESTRICTION (ENERGY AND WATER DEVELOPMENT AND RELATED

AGENCIES APPROPRIATIONS ACT (2009)

H.11 ENVIRONMENTAL LAWS

H.12 NON-SUPERVISION OF CONTRACTOR EMPLOYEES ON GOVERNMENT FACILITIES

H.13 WITHDRAW OF WORK

SECTION I CONTRACT CLAUSES

52.203-3 GRATUITIES. (APR 1984)

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

ACTIVITY. (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS. (JUN

2020)

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST. (JUNE 2020)

52.204-2 SECURITY REQUIREMENTS. (MAR 2021)

52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE. (OCT 2016)

52.204-13 System for Award Management Maintenance. (October 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE. (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS. (DEC

2014)

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

52.229-3 FEDERAL, STATE, AND LOCAL TAXES. (FEB 2013)

52.229-4 FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS. (FEB 2013)

52.232-18 AVAILABILITY OF FUNDS. (APR 1984)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013)

52.233-1 DISPUTES. (MAY 2014)

52.243-3 CHANGES-TIME-MATERIALS OR LABOR HOURS. (SEPT 2000)

52.243-7 NOTIFICATION OF CHANGES. (JAN 2017)

52.204-1 APPROVAL OF CONTRACT. (DEC 1989)

52.204-9 Personal Identity Verification of Contractor Personnel. (January 2011) 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS. (NOV 2021) 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services. (Alternate I) (Nov 2021)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

89303924CEM000051 - Environmental Litigation Support 6

52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)

52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

952.202-1 DEFINITIONS

952.203-70 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES. (DEC 2000)

952.208-70 PRINTING. (APR 1984)

970.5223-7 SUSTAINABLE ACQUISITION PROGRAM. (OCT 2010)

RL-H-1001 Conflict of Interest RL-H-1002 Security Requirements RL-G-1001 Submission of Request for Payment - Supplies or Services

SECTION J

LIST OF ATTACHMENTS

89303924CEM000051 - Environmental Litigation Support 7

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

This contract is time and materials with a one year base and a six month option. The purpose of this contract is to provide the Office of Chief Council (OCC) with Environmental Litigation Support Services. Yin Zhou will perform these services as one full time equivalent (FTE) at 1920 hrs.

CLIN Description Period of Performance Ceiling Amount 00001 Base Period Services 09/02/24 - 09/01/25 $201,600.00 00002 Base Period ODCs 09/02/24 - 09/01/25 $12.000.00 01001 Option Period 1 Services 09/02/25 - 03/02/26 $100,800.00 01002 Option Period 1 ODCs 09/02/25 - 03/02/26 $6,000.00

Total $320,400.00

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF WORK

The Hanford Site, located in Richland, Washington, is a field office charged with the cleaning and restoration of this former plutonium production facility. The Hanford Office of Chief Counsel (OCC) provides attorney and paralegal services pertaining to the following areas of law: Government contracts; environmental compliance; employee and labor relations; ethics; Equal Employment Opportunity (EEO); Freedom of Information Act (FOIA) and Privacy Act; Energy Employee Occupational Illness Compensation Program (EEOICPA); document requests, including but not limited to litigation discovery requests; site closure preparation; and any judicial or administrative litigation related to the above mentioned areas.

Hanford Office of Chief Counsel (OCC) represents the Department in litigation in administrative hearings and provides support to the U.S. Department of Justice (DOJ) in state or federal court. For environmental litigation, Hanford litigates at the Washington Pollution Control Hearings Board, in Washington Superior Court and Federal Court. Cases involve regulatory compliance under applicable state and federal law. OCC is in need of additional support to prepare for anticipated potential litigation, in particular, support that would involve providing analysis and recommendations with respect to litigation strategy, analysis of regulatory issues and application to factual scenarios, litigation preparation (witness prep, document organization and review, drafting motions and pleadings, etc.), arbitration and mediation, and some training and development of attorneys and legal staff in support of possible litigation.

The ideal candidate for this effort be someone who is familiar with the Hanford cleanup mission and has legal experience in Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), National Environmental

89303924CEM000051 - Environmental Litigation Support 8

Policy Act (NEPA) and other environmental laws applicable to site operations. A minimum of 3 years of DOE experience, with specific knowledge and understanding of Hanford, its mission as it has evolved over the past twenty years, and legal issues presently associated with the cleanup. Also preferred is a candidate with a good understanding of DOE Hanford’s past litigation at the Pollution Control Hearings Board and in Federal Court, including Tri Party Agreement disputes and the Consent Decree. Finally, coordination with DOE General Counsel’s office, and a thorough understanding of both Hanford’s past and present operations is preferred.

C.2 POSITION QUALIFICATION REQUIREMENTS

Required skills include: document management, legal research, document reviews, Federal Rules of Civil Procedure, and document production procedures (including accountability measures).

Familiar with legal procedures for the State Administrative Boards, State Courts, and Federal District Court and Appellate Courts, and can quickly familiarize themselves with these procedures.

Contractor personnel shall possess the following minimum qualifications:

• A Juris Doctorate degree is required.

• Five to seven years of working with attorneys or in a legal office.

o Including direct client communication and attorney supervision experience

• Strong customer service, commitment to meeting deadlines and multitask in a fast-paced environment.

• Knowledge of law firm processes and attorney-client relationships.

• Strong oral and written communication skills with business professionals, attorneys, and staff.

• Strategic thinker, with the ability to craft novel solutions that are responsive to client and attorney needs.

• Understanding of litigation and legal privilege.

• Dependability and ability to work in a team setting.

• Maintain the highest standards of ethics and professional integrity.

• Must be able to commit to the required litigation schedule and, at least, between 30-40 hours per week.

• Ability to attend meetings either virtually or in person as determined by project management and/or client requirements

• No conflict of interest in dealing with DOE or any Hanford Site contractors.

• U.S. citizenship.

C.3 INVOICES

An invoice shall be submitted at monthly or upon expiration of the contract, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. Invoices shall be submitted in accordance with G.5 Invoice Billing Instructions.

89303924CEM000051 - Environmental Litigation Support 9

SECTION E

INSPECTION AND ACCEPTANCE

Incorporated by reference:

52.246-6 INSPECTION—TIME-AND-MATERIAL AND LABOR-HOUR. (MAY 2001)

E.1 INSPECTION AND ACCEPTANCE

Inspection and acceptance of all items under this contract shall be accomplished by the CO or any other duly authorized Government representative identified by the CO. The contractor will be notified in writing or by a copy of the delegation of authority if a different representative in designated.

SECTION F

DELIVERIES OR PERFORMANCE

F.1 LOCATION

Work shall be conducted at the meeting locations stated in the Statement of Work. This position is primarily remote work.

F.2 TRAVEL

Travel as coordinated with the technical point of contact (estimated to be once a quarter) and approved in writing by the Contracting Officer in advance, is allowed, in accordance with Federal Travel Regulations.

F.3 PERIOD AND PLACE OF PERFORMANCE

The period of performance for the contract shall be one year with one 6 month option period, with a potential of 1.5 years in total. when required, the far clauses 52.217-8, option to extend services and 52.217-9, option to extend the term of the contract, will be evaluated with the award using prorated value of the last year of the award.

F.4 DELIVERY SCHEDULE

All labor for services must meet established delivery schedule as determined by the client organization:

a) The Government’s core work hours are 9:30 a.m. to 2:30 p.m. Pacific Time. Workdays may begin as early as 6:00 a.m. or end as late as 6:00 p.m. A typical workday shall consist of either

89303924CEM000051 - Environmental Litigation Support 10 straight 8-hour workdays, 4 10-hour workdays, or the Alternate Work Schedule: 9-hour workdays Monday through Thursday, 8 hour workday on Friday with every other Friday off.

b) Holiday: The Contractor must follow the Federal Government’s holiday schedule to include:

New Year’s Day, Birthday of Martin Luther King Jr., Washington’s Birthday (Presidents Day), Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Juneteenth, Thanksgiving Day, and Christmas Day. Holidays also to include any other day designated by Federal statute, Executive order, or the President's proclamation. When any holiday falls on a Saturday, the preceding Friday is observed. When any holiday falls on a Sunday, the following Monday is observed.

c) Extended leave policy: The Contractor is responsible for providing support in accordance with the accepted cost proposal and statement of work. In the event of extended leave, any substitutes for coverage must be approved by the CO in advance.

F. 5 CONTRACTOR EVALUATION

The Contractor will be evaluated in accordance with the following criteria on an annual and final basis.

Additional interim evaluations may be conducted at the discretion of the CO. The DOE utilizes the Contractor Page 15 Performance Assessment Reporting System (CPARS) located at https://www.cpars.gov/.

Evaluation Criteria Description Quality of Product or Service Assess the Contractor's conformance to contract requirements, specifications and standards of good workmanship (e.g.

commonly accepted technical, professional, environmental, or safety and health standards).

Schedule Assess the timeliness of the Contractor against the completion of the contract, task orders, milestones, delivery schedules, and administrative requirements (e.g. efforts that contribute to or effect the schedule variance).

Cost Control Assess the Contractor's effectiveness in forecasting, managing, and controlling contract cost.

Management Assess the integration and coordination of all activity needed to execute the contract/order, specifically the timeliness, completeness and quality of problem identification, corrective action plans, proposal submittals, the contractor’s history of reasonable and cooperative behavior (to include timely identification of issues in controversy), customer satisfaction, timely award and management of subcontracts.

Regulatory Compliance (e.g. failure to report in accordance with contract terms and conditions, late or nonpayment to subcontractors, trafficking violations, tax delinquency, defective cost or pricing data, https://www.cpars.gov/

89303924CEM000051 - Environmental Litigation Support 11 terminations, suspension and debarments) Assess compliance with all terms and conditions in the contract/order relating to applicable regulations and codes, using the Evaluation Ratings Definitions in FAR Part 42.1503(h)(4) Table 42-1.

RATING SCALE:

Rating Contract Requirements

Problems Corrective Actions

Exceptional Exceeds Many- Government Benefits

Few Minor Highly Effective

Very Good Exceeds Some- Government Benefits

Some Minor Effective

Satisfactory Meets All Some Minor Satisfactory Marginal Does Not Meet Some Serious: Recovery Still

Possible Marginally Effective;

Not Fully Implemented

Unsatisfactory Does Not Meet Most Serious: Recovery Not Likely

Ineffective

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 MODIFICATION AUTHORITY

Notwithstanding any of the other clauses of this Contract, the CO shall be the only individual authorized to:

(a) Accept nonconforming work,

(b) Waive any requirement of this contract, or modify any term or condition of this contract

G.2 CORRESPONDENCE PROCEDURES

To promote timely and effective administration, correspondence submitted under this Contract shall include the contract number and be subject to the following procedures:

The DOE-Hanford Lead CO is:

U. S. Department of Energy-Hanford Brenda Valadez Contracting Officer

89303924CEM000051 - Environmental Litigation Support 12

Assistant Manager for Procurement, General Support Services, Team Lead 2440 Stevens Center Drive, 2562 Richland, WA 99352 Tel: (509) 376-1636 E-mail: Brenda.Valadez@rl.doe.gov

The DOE-Hanford Contract Specialist (CS) is:

U. S. Department of Energy-Hanford Trevor Toon Contract Specialist Assistant Manager for Procurement 2440 Stevens Center Drive, 2565 Richland, WA 99352 Tel: (509) 376-8800 E-mail: Trevor.Toon@rl.doe.gov

The DOE-Hanford Program Official/Technical Monitor U. S. Department of Energy-Hanford Jeff Blank Hanford Office of Chief Council (OCC) 2440 Stevens Center Drive, 2462 Richland, WA 99352 Tel: (509) 376-0336 E-mail: Jeffrey.Blank@rl.doe.gov

G.3 ASSIGNMENT

DOE-Hanford reserves the right to assign this Contract to any Federal agency or onsite contractor for contract administration. The rights and obligations of the Contractor shall not be adversely affected in any material respect as a result of such assignment. Written notice will be provided to the Contractor if an assignment is made. No claim for additional costs will be considered by reason of any assignment under this provision.

G.4 NON-SUPERVISION OF CONTRACTOR EMPLOYEES ON GOVERNMENT FACILITIES

The Government shall not exercise any supervision or control over Contractor employees performing services under this contract. The Contractor's employees shall be held accountable solely to the Contractor's management, who in turn is responsible for contract performance to the Government.

mailto:Trevor.Toon@rl.doe.gov mailto:Jeffrey.Blank@rl.doe.gov

89303924CEM000051 - Environmental Litigation Support 13

G.5 INVOICE BILLING INSTRUCTIONS

The Contractor will complete Attachment J.2, Electronic Funds Transfer Form prior to submitting the first invoice to the individual identified in FAR 52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information. Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) when requesting payment for supplies or services rendered.

Contractors must submit vouchers electronically through the Oak Ridge Financial Service Center's (ORFSC) Vendor Inquiry Payment Electronic Reporting System (VIPERS). VIPERS allows vendors to submit vouchers, attach supporting documentation and check the payment status of any voucher submitted to the DOE. To obtain access to and use VIPERS, please visit the web page at https://vipers.doe.gov/ . Detailed instructions on how to enroll and use the system are provided on the web page. The submission of vouchers electronically will reduce correspondence and other causes for delay to a minimum and will facilitate prompt payment to the Contractor. Do not submit a paper copy of the voucher.

Invoice Requirements:

The invoice document must include:

• Contractor Name

• Contract Number.

• The name of each employee and their hourly rate.

• Period of Performance for the current invoice.

The following backup documentation is required with the monthly invoice submittal.

• Timecard for each contractor employee clearly identifying days and hours worked.

• Completed attachment of J.6 BPA Call Monthly Hours Report

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 ALTERNATIVE DISPUTE RESOLUTION (ADR)

(a) The DOE and the Contractor both recognize that methods for fair and efficient resolution of contractual issues in controversy by mutual agreement are essential to the successful and timely completion of contract requirements. Accordingly, DOE and the Contractor shall use their best efforts to informally resolve any contractual issue in controversy by mutual agreement. Issues of controversy may include a dispute, claim, question, or other disagreement. The parties agree to negotiate with each other in good faith, recognizing their mutual interests, and attempt to reach a

89303924CEM000051 - Environmental Litigation Support 14 just and equitable solution satisfactory to both parties.

(b) If a mutual agreement cannot be reached through negotiations within a reasonable period of time, the parties may use a process of alternate dispute resolution (ADR) in accordance with the clause at FAR 52.233-1, Disputes. The ADR process may involve mediation, facilitation, fact-finding, group conflict management, and conflict coaching by a neutral party. The neutral party may be an individual, a board comprised of independent experts, or a company with specific expertise in conflict resolution or expertise in the specific area of controversy. The neutral party will not render a binding decision but will assist the parties in reaching a mutually satisfactory agreement.

Any opinions of the neutral party shall not be admissible in evidence in any subsequent litigation proceedings.

(c) Either party may request that the ADR process be used. The Contractor shall make a written request to the Contracting Officer, and the Contracting Officer shall make a written request to the appropriate official of the Contractor. A voluntary election by both parties is required to participate in the ADR process. The parties must agree on the procedures and terms of the process, and officials of both parties who have the authority to resolve the issue must participate in the agreed upon process.

(d) ADR procedures may be used at any time that the Contracting Officer has the authority to resolve the issue in controversy. If a claim has been submitted by the Contractor, ADR procedures may be applied to all or a portion of the claim. If ADR procedures are used subsequent to issuance of a Contracting Officer’s final decision under the clause at FAR 52.233-1, Disputes, their use does not alter any of the time limitations or procedural requirements for filing an appeal of the Contracting Officer’s final decision and does not constitute reconsideration of the final decision.

(e) If the Contracting Officer rejects the Contractor’s request for ADR proceedings, the Contracting Officer shall provide the Contractor with a written explanation of the specific reasons the ADR process is not appropriate for the resolution of the dispute. If the Contractor rejects the Contracting Officer’s request to use ADR procedures, the Contractor shall provide the Contracting Officer with the reasons for rejecting the request.

(End of Clause)

H.2 CONTRACTOR INTERFACE WITH OTHER CONTRACTORS AND/OR GOVERNMENT

EMPLOYEES

The Government may award contracts for onsite 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 Contracting Officer 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.

(End of clause)

89303924CEM000051 - Environmental Litigation Support 15

H.3 LOBBYING RESTRICTION (ENERGY AND WATER DEVELOPMENT AND RELATED

AGENCIES APPROPRIATIONS ACT, 2008)

The contractor agrees that none of the funds obligated on this award 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.

(End of clause)

H.4 CONSECUTIVE NUMBERING (MAY 2009)

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

(End of clause)

H.5 SECURITY REQUIREMENTS

(a) Personnel: The contractor shall fill out and require each of its employees on this contract to fill out and submit to the Government such forms as may be necessary for personnel identification and site access or other reasons.

1) All Contractor personnel shall be citizens of the United States of America

2) All Contractor personnel shall carry and display any DOE issued security badges at all times when performing work for this contract. All security badges will be returned upon the departure of Contractor employees. At the conclusion of the contract all outstanding badges will be returned. Lost or stolen badges will be reported within one business day.

3) All Contractor personnel shall adhere to local site security requirements and procedures, including participation in required initial employee security briefings and other awareness activities. A. The Contractor is responsible for the completion and tracking of clearance and badging documentation.

(b) Materials, physical and information security: The Contractor shall maintain physical security of all Government-owned materials or equipment in its custody. The Contractor shall ensure that all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. Keys issued to the Contractor shall not be duplicated without written approval of the CO. The Contractor shall be required to reimburse the Government for replacement of locks or re-keying as a result of the Contractor losing keys. The Contractor shall report the occurrence of lost key immediately, but not later than the next working day to the CO.

89303924CEM000051 - Environmental Litigation Support 16

The Contractor shall prohibit the use of issued keys by any person other than the Contractor’s employees.

1) The Government will maintain strict security and control of all copies of keys issued to the Contractor. The Contractor shall maintain a current record of all persons having possession of keys and the number of copies issued. Any security incident or unauthorized entry noted by the Contractor shall be reported within one hour to the CO for appropriate actions. The Contractor shall provide the CO a written report of responsive actions within one working day. In all instances where materials or property are damaged, lost, or pilfered while in the care, custody, or possession of the Contractor, a full written report of the facts shall be provided. The extent of damage or loss shall also be submitted within 24 hours following the occurrence of discovery to the CO. If official findings show the Contractor is at fault, the Contractor shall be liable for the cost of replacement or repair.

2) The Contractor shall report to the CO in writing within one hour of discovery all apparent incidents of vandalism, break-in, or burglary that may occur in facilities provided to the Contractor.

3) The Contractor shall report to the CO in writing within one hour of discovery any instance of unauthorized disclosure of loss of sensitive information.

4) Contractor employees will be required to complete the Attached J.3 – CONFLICT OF INTEREST NONDISCLOSURE ACKNOWLEDGEMENT FORM prior to beginning work on any task order for which they will have access to DOE or contractor proprietary or confidential information.

(c) Security Clearance Requirements: Depending on the client organization, the Contractor personnel may be required to hold a security clearance.

H.6 SAFETY

(a) The Contractor shall take precautions as required to ensure an accident-free performance while performing this contract. The Contractor shall allow Government safety personnel to inspect the Contractor's operation for safety violations at any time during the term of the contract. Prior to the start of any work under assigned task orders, the Contractor must have in place either an approved workers safety and health program or have provided the Contracting Officer with a letter identifying that they will utilize DOE’s Federal Employee Occupational Safety and Health Program (DOE-PPD-SH-50438), Federal Employees Occupational Safety and Health Program.

The Contractor shall:

• Report, in writing, to the CO within 24-hours of occurrence, all accidents which may arise out of, or in connection with, performance of services required hereunder which

89303924CEM000051 - Environmental Litigation Support 17 results in injury, death, or property damage. Give full detail of accident, including statements from witnesses (if any).

• Report, in writing, to the CO within 24-hours of occurrence, all accidents which may arise out of, or in connection with, performance of services required hereunder which results in injury, death, or property damage. Give full detail of accident, including statements from witnesses (if any).

• Require all employees to comply with all safety regulations and requirements imposed by federal, state, and local authorities, and by DOE directives.

• Report to the CO in writing within one hour of occurrence any incident that causes significant disruption of Contractor operations, or notification to DOE personnel of a security or emergency incident to the CO.

(End of clause)

H.7 ORGANIZATIONAL CONFLICT OF INTEREST MANAGEMENT PLAN

Within 120 days after the effective date of the contract, the Contractor shall submit to the CO for approval an Organizational Conflict of Interest (OCI) Management Plan. The Plan shall describe an aggressive program to identify conflicts of interest, avoid conflicts of interest and facilitate the mitigation of actual conflicts of interest and shall be periodically updated as required during the term of the contract. The Plan shall consist of the following:

(a) The procedures for identifying and evaluating past, present, and anticipated contracts of the Contractor, its related entities and the entities named in the Special Contract clause, entitled Performing Entity, and their related entities.

(b) The procedures the Contractor will utilize to avoid, identify, mitigate and terminate conflicts of interest.

(c) The procedures for reporting actual or potential conflicts of interest to the CO.

(d) The procedures the Contractor will utilize to oversee, implement, and update the OCI Management Plan, to include assigning responsibility for management, oversight and compliance to an individual in the Contractor's organization with full authority to implement the Plan.

(e) The procedures for ensuring all DOE required representations and certifications and factual analyses are timely submitted to the CO for approval.

(f) The procedures for protecting agency information that could lead to an unfair competitive advantage if disclosed, collecting disclosure agreements covering all individuals, subcontractors, 89303924CEM000051 - Environmental Litigation Support 18 and other entities with access to agency-sensitive information, and physical safeguards, if necessary.

(g) The procedures for OCI training and self-education of employees, as well as the frequency of recertification.

(h) The enforceable disciplinary mechanisms to be used by the Contractor. (Note: This Plan is separate from the requirements under Technology Transfer.)

H.8 CONFIDENTIALITY OF INFORMATION

a) To the extent that the work under this contract requires that the Contractor be given access to or be furnished with confidential or proprietary business, technical, or financial information or data belonging to other entities which is clearly marked as confidential or proprietary, the Contractor shall, after receipt thereof, treat such information in confidence and agrees not to appropriate such information to its own use or to disclose such information to third parties unless specifically authorized in writing by the CO. The foregoing obligations, however, shall not apply to:

(1) Information or data which is in the public domain at the time of receipt by the Contractor.

(2) Information or data which is published or otherwise subsequently becomes part of the public domain through no fault of the Contractor;

(3) Information or data which the Contractor can demonstrate was already in its possession at the time of receipt thereof; or

(4) Information or data which the Contractor can demonstrate was received by it from a third party who did not require the Contractor to treat it in confidence.

b) The Contractor agrees (1) to enter into an agreement, identical in all material respects to the requirements of paragraph (a) above, with each entity supplying such confidential or proprietary information or data to the Contractor under this contract and (2) to supply a copy of such agreement to the CO. Upon request of the CO, the Contractor shall furnish the Government with reports which specify any information or data received as confidential or proprietary and which identify the entity or entities who supplied the Contractor with such information or data.

c) The Contractor shall obtain the written agreement of each employee permitted access to or furnished with confidential or proprietary business, technical, or financial information or data, whereby the employee agrees that such information or data which the Contractor is obligated to treat in confidence will not be discussed, divulged or disclosed except to those persons within the Contractor's organization directly concerned with the performance of this contract or to Government representatives. Notwithstanding the foregoing Contractor employee agreement, the Contractor agrees to obtain from each employee a confidentiality agreement, Conflict of Interest

89303924CEM000051 - Environmental Litigation Support 19 and Nondisclosure Acknowledgement, located in Attachment J.4, CONFLICT OF INTEREST

AND NONDISCLOSURE ACKNOWLEDGEMENT.

d) This clause shall be included in any subcontract under which there is a requirement or there becomes a requirement that the subcontractor be given access to or be furnished with confidential or proprietary business, technical, or financial information or data.

H.9 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF THE

OFFEROR

The Representations, Certifications, and Other Statements of the Offeror submitted with the offer for this Contract are, by reference, hereby incorporated in and made a part of this Contract.

H.10 LOBBYING RESTRICTION (ENERGY AND WATER DEVELOPMENT AND RELATED

AGENCIES APPROPRIATIONS ACT (2009)

The contractor agrees that none of the funds obligated on this award 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.

H.11 REPORTING OF FRAUD, WASTE, ABUSE, CORRUPTION, OR MISMANAGEMENT

The contractor is required to comply with the following in accordance with DOE CRD O 221.1A:

(a) GENERAL REQUIREMENTS. Department of Energy (DOE) contractors, including National Nuclear Security Administration contractors must ensure that their employees who have information about actual or suspected violations of laws, regulations, or policies including fraud, waste, abuse, misuse, corruption, criminal acts, or mismanagement relating to DOE programs, operations, facilities, contracts, or information technology systems notify an appropriate authority. Examples of violations to be reported include, but are not limited to, allegations of false statements; false claims; bribery; kickbacks; fraud; DOE environmental, safety, and health violations; theft, computer crimes; contractor mischarging; conflicts of interest; and conspiracy to commit any of these acts. Contractors must also ensure that their employees are aware that they may always report incidents or information directly to the Office of Inspector General (OIG).

(b) SPECIFIC REQUIREMENTS. Contractors are required to:

1) Notify employees annually of their duty to report allegations of fraud, waste, abuse, misuse, corruption, criminal acts, or mismanagement relating to DOE programs, operations, facilities, contracts, or information technology systems to an appropriate authority (e.g. OIG, other law enforcement, supervisor, employee concerns office, security officials.) Examples of violations to be reported include, but are not limited to, 89303924CEM000051 - Environmental Litigation Support 20 allegations of false statements; false claims; bribery; kickbacks, fraud; DOE environment, safety, and health violations; theft; computer crimes; contractor mischarging; conflicts of interest, and conspiracy to commit any of these acts. Contractors must also ensure that their employees are aware that they may always report incidents or information directly to the OIG.

2) Display the OIG hotline telephone number in buildings and common areas such as cafeterias, public telephone areas, official bulletin boards, reception rooms, and building lobbies.

3) Publish the OIG hotline telephone number in telephone books and newsletters under the contractors’ cognizance.

4) Ensure that their employees report to the OIG within a reasonable period of time, but not later than 24 hours after discovery, all alleged violations of law, regulations, or policy, including incidents of fraud, waste, abuse, misuse, corruption, criminal acts, or mismanagement, that have been referred to Federal, State, or local law enforcement entities.

5) Ensure that their employees report to the OIG any allegations of reprisals taken against employees who have reported to the OIG fraud, waste, abuse, misuse, corruption, criminal acts, or mismanagement.

6) Ensure that its managers do not retaliate against DOE contractor employees who report fraud, waste, abuse, misuse, corruption, criminal acts, or mismanagement.

(c) CONTACT INFORMATION 1-800-541-1625 (toll free) 202-586-4073 (commercial) 202-586-4902 (fax) ighotline@hq.doe.gov (email)

Office of Inspector General (mail) IG-40/Forrestal Building U.S. Department of Energy 1000 Independence Ave., SW Washington, DC 20585

H.11 ENVIRONMENTAL LAWS

The Contractor shall comply with all applicable Federal, State, and local environmental laws and regulations.

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H.12 NON-SUPERVISION OF CONTRACTOR EMPLOYEES ON GOVERNMENT

FACILITIES

The Government shall not exercise any supervision or control over Contractor employees performing services under this contract. The Contractor's employees shall be held accountable solely to the Contractor's management, who in turn is responsible for contract performance to the Government.

H.13 WITHDRAW OF WORK

(a) DOE-Hanford reserves the unilateral right to have any of the work contemplated by Section I Description of Services performed by another contractor or DOE employees. (b) Work may be withdrawn from the Contractor for any reason in the best interests of the Government, including, but not limited to:

1) In order for DOE-Hanford to conduct pilot programs;

2) If the Contractor's estimated cost of the work is considered unreasonable;

3) For less than satisfactory performance by the Contractor; or

4) To support transition of work.

SECTION I

CONTRACT CLAUSES

Incorporated by Reference:

52.203-3 GRATUITIES. (APR 1984)

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

IMPROPER ACTIVITY. (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS. (JUN 2020)

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST. (JUNE 2020)

52.204-2 SECURITY REQUIREMENTS. (MAR 2021)

52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE. (OCT 2016)

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

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52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE. (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS. (DEC 2014)

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

52.229-3 FEDERAL, STATE, AND LOCAL TAXES. (FEB 2013)

52.229-4 FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS.

(FEB 2013)

52.232-18 AVAILABILITY OF FUNDS. (APR 1984)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013)

52.233-1 DISPUTES. (MAY 2014)

52.243-3 CHANGES-TIME-MATERIALS OR LABOR HOURS. (SEPT 2000)

52.243-7 NOTIFICATION OF CHANGES. (JAN 2017)

Full Text:

52.204-1 APPROVAL OF CONTRACT. (DEC 1989)

This contract is subject to the written approval of Brenda Valadez, Contracting Officer and shall not be binding until so approved.

(End of clause)

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

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

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(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of clause)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS. (NOV

2021)

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered

89303924CEM000051 - Environmental Litigation Support 25 contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES. (ALTERNATE I) (NOV 2021)

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and…