Solicitation_8-20-2010.docx

DE-SOL-0001279 / 000

TABLE OF CONTENTS

PART I – THE SCHEDULE 4

SECTION D - PACKAGING AND MARKING 8

PART II – CONTRACT CLAUSES 22

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 33

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 33

PART IV – REPRESENTATIONS AND INSTRUCTIONS 34

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

B.1. Schedule of Supplies or Services Being Acquired

The contractor shall provide Project Facilitation (PF) services for alternatively-financed energy projects to federal agencies in support of the Department of Energy’s (DOE) Federal Energy Management Program (FEMP). The contractor shall furnish all personnel, materials, supplies, and services (except as may be expressly set forth in this master contract and future task orders as furnished by the Government), and otherwise do all things necessary for performance of the requirements contained in the Statement of Objectives (SOO), the final Performance Work Statement (PWS), and pursuant to Task Orders issued by the Contracting Officer (CO).

Contract Line Item Number (CLIN) Structure: CLIN structure will be determined upon the final PWS proposed by the contractor.

B.2. Minimum and Maximum Quantities of Services

This contract is an Indefinite Delivery / Indefinite Quantity (IDIQ) contract with the minimum and maximum quantities required by the contract established as dollar value limitations.

The minimum quantity shall be $100,000 for the entire term of the contract, inclusive of option years if exercised.

The cumulative maximum quantity shall be no more than $10.5 million for the entire term of the contract, inclusive of option years if exercised.

Each task order issued under this contract is subject to the terms and conditions of this contract and will be issued pursuant to the terms in Section H and the ordering clauses in Section I.

B.3. Administrative Cost Ceilings for Other Direct Costs (Travel)

Travel costs incurred in the performance of any and all task orders shall be reimbursed to the contractor at actual reasonable costs in accordance with the cost principles of Federal Acquisition Regulations (FAR) Part 31 – Contract Cost Principles and Procedures. All travel shall be in accordance with the Federal Travel Regulations (FTR) and all travel-related clauses included in Section H and I.

SECTION C - DESCRIPTION/SPECIFICATIONS

C.1. Specifications / Performance Work Statement / Statement of Objectives – Technical Support (Project Facilitation) Services For Implementation of Alternatively Financed Energy Projects at Federal Facilities

Statement of Objectives

C.1.1 BACKGROUND:

(a) The U.S. Department of Energy's (DOE) Federal Energy Management Program (FEMP) promotes the federal Government's goals to implement sound, cost-effective energy management and investment practices to enhance the nation's energy security and environmental stewardship. The Energy Policy Act (EPAct) of 1992, the EPAct of 2005, the Energy Independence and Security Act (EISA) of 2007, and Executive Order (EO) 13423 and 13514 established energy efficiency, renewable energy, and water efficiency requirements for federal agencies. These authorities also allow alternatively financed contract vehicles that use private financing for the implementation of energy projects, and the leveraging of Federal funds as appropriate. Accordingly, FEMP assists agencies in meeting these energy and water efficiency requirements. More specifically, Public Law 102-486, codified at 42 USC § 8287d, directs FEMP to assist agencies with the implementation of these privately financed projects. A key to the success of these programs is to provide Project Facilitation (PF) Services to assist federal energy, project, and procurement managers. Alternatively financed energy project PF services are the subject of this acquisition.

(b) FEMP achieves its mission by pursuing a number of activities to effectively participate in alternatively financed contracting mechanisms, such as Energy Savings Performance Contracts (ESPCs), Utility Energy Service Contracts (UESCs), and Power Purchase Agreements (PPAs). For example, a federal agency desiring to implement Energy Conservation Measures (ECMs) but not having appropriated funds to accomplish the project has the option of using an ESPC. An Energy Service Company (ESCO) is contracted to complete the project using funds provided by private financiers that are then repaid by the agency from the energy savings resulting from the ECMs over periods of up to 25 years. To promote the use of ESPCs, FEMP has a multiple-award IDIQ contract for ESPC projects in place with 16 ESCO’s. The majority of PF services needed under this contract will be in support of ESPC projects. More information on all of these alternative financing programs can be found at the DOE FEMP website: http://www1.eere.energy.gov/femp/financing/mechanisms.html.

(c) FEMP has provided PF services to federal agencies since May 5, 2005 through a multiple-award IDIQ contract. This contract is a total small business set-aside which expires in November 2010. FEMP policy, as stipulated by the DOE ESPC IDIQ contracts awarded in December 2008, requires that all agencies using the DOE ESPC contract must also use the services of a DOE-approved PF. Other types of alternatively financed projects may or may not require the use of a DOE approved PF, depending on the specific requirement. PF support for training efforts has primarily been in the form of presentations at workshops conducted at various locations nationwide, although training needs and methods may vary in the future based on FEMP’s needs. ESPC site Field Verifications are a relatively new effort by FEMP intended to follow-up, typically, on ESPC projects that have advanced beyond the first year Measurement and Verification (M&V) stage. Annually, PF’s attend a number of conferences designed to communicate best practices with DOE FEMP management, the DOE Golden Field Office (GFO), other federal agencies, and the sixteen (16) ESCOs.

(d) The Statement of Work (SOW) in use for the current PF IDIQ contract is provided for reference purposes (Attachment L-1). It is intended only as background information and is not meant to be directive. Due to the additional details provided in the task order SOW’s for ESPC Projects and Field Verification Projects, these SOWs will be appended to the end of the PF Master IDIQ SOW. No task orders for UESCs or PPAs were issued under the current PF contract.

C.1.2. SCOPE/MISSION:

The purpose of this contract is to provide PF Services to DOE and other federal agencies to support energy efficiency, renewable energy, and water efficiency programs through the implementation of alternatively financed projects, training federal and non-federal personnel, and providing feedback for the purposes of process improvement. PFs support the energy project development efforts of federal agencies to ensure that projects are developed in conformance with the EPAct of 1992, EPAct of 2005, EISA of 2007, EO’s 13423 and 13514, any future applicable authorities, and specific program requirements. PFs follow best practices so that the contract will enable the government to realize its energy/water savings goals. The PF must promote coordination between DOE, other federal agencies, and the ESCOs or Utility Companies. Skills required of the PF include expertise and experience in energy engineering, operations and maintenance, finance, federal procurement and project management.

C.1.3. PERFORMANCE OBJECTIVES:

DOE FEMP’s objectives are to:

(a) Support federal agencies in implementing ESPCs, UESCs, PPAs, and other energy-related projects using alternative financing strategies;

(b) Provide program-related training to Federal agencies;

(c) Conduct field verification reviews of ongoing projects;

(d) Increase the overall quality of the program. Identify issues, challenges, and solutions, and develop procedures for information sharing to apply to other similar situations or projects.

C.2. CONSTRAINTS:

C.2.1 Cost allocation and reasonableness

DOE must be able to allocate costs and labor hours for the services provided for each occurrence of the following significant areas:

1. ESPC Task Order, UESC, or other Alternative Financing Project efforts

2. Training Sessions

3. ESPC Task Order Field Verification Assessments

4. Pre Notice of Intent (NOI) to Award and Post-NOI over the life of the ESPC task order terms.

5. Project and Quality Improvement Reporting

C.2.2 Skaggs Amendment to Public Law 105-277 (Omnibus Consolidated Appropriations Act of 1998)

ESPC Task Order PF support is currently provided by DOE to federal agencies at no charge up to the point of issuance of an NOI to award an ESPC task order. After an ESPC ordering agency’s issuance of the NOI, the Skaggs Amendment requires that federal agencies reimburse the DOE for PF support. This divides PF ESPC service into two separate stages: 1) Pre-NOI; and 2) Post NOI (up to first year M&V Report).

C.2.3 Deliverables to be included in performance requirements

At a minimum, the following reports and documents are to be provided to DOE GFO:

Monthly Report providing information on all projects Review comments for the Preliminary Assessment (PA), Investment Grade Audit (IGA), and Final Proposal Review comments for post installation M&V Year one M&V Life of Contract Field Verification Reports Training materials Project and Quality Improvement Reports Cost Allocations: Pre-NOI and, Post-NOI Other reports and documents necessary for the effective performance of PF Services to the Government To be proposed by the Offeror

C.2.4 Performance-Based Work Statement (PWS)

All Offerors are required to develop and submit a PWS based on the format below. The DOE GFO has provided the beginning of the PWS that includes the Introduction, Background, Scope and Applicable Directives.

C.2.5 Quality Assurance Surveillance Plan (QASP).

The proposal shall contain a QASP, which is a detailed plan setting forth the process that will be used by the Government to monitor contractor performance. The QASP should focus on the quality, timeliness, and performance outputs to be delivered on Task Orders issued under the PF Services IDIQ contract.

C.2.6 Links to regulations and supporting documents.

Energy Policy Act 1992 http://thomas.loc.gov/cgi-bin/query/z?c102:H.R.776.ENR:

Energy Policy Act 2005 http://www1.eere.energy.gov/femp/regulations/epact2005.html

Energy Independence and Security Act 2007 http://www1.eere.energy.gov/femp/regulations/eisa.html

Executive Order 13423 http://www1.eere.energy.gov/femp/regulations/eo13423.html

Executive Order 13514 http://www1.eere.energy.gov/femp/regulations/eo13514.html

ESPC Contract http://www1.eere.energy.gov/femp/pdfs/generic_idiq_espc_contract.pdf

Energy Savings Performance Contract Laws and Regulations http://www1.eere.energy.gov/femp/financing/espcs_regulations.html

Alternative Financing Project Facilitation http://www1.eere.energy.gov/femp/financing/project_facilitation.html

Seven Steps to Performance Work Statement Acquisition https://www.acquisition.gov/comp/seven_steps/index.html

SECTION D - PACKAGING AND MARKING

THIS SECTION IS INTENTIONALLY LEFT BLANK.

SECTION E - INSPECTION AND ACCEPTANCE

E.1. FAR Contract Clauses Incorporated By Reference The following clauses are incorporated by reference pursuant to contract clause FAR 52.252-2 entitled “Clauses Incorporated By Reference (FEB 1998).”

CLAUSE

NUMBER TITLE DATE

52.246-15 Certificate of Conformance. (APR 1984)

E.2. Inspection and Acceptance

(a) Inspection of all items under this contract shall be accomplished by the DOE Contracting Officer’s Representative (COR), or any other duly authorized Government representative identified by separate letter.

(b) Acceptance of all items and/or work effort under this contract (including reporting requirements) shall be accomplished by the DOE COR, or any other duly authorized Government representative identified by separate letter.

(c) Additional inspection requirements may be identified and incorporated on individual task orders when issued.

SECTION F - DELIVERIES OR PERFORMANCE

F.1. FAR Contract Clauses Incorporated By Reference The following clauses are incorporated by reference pursuant to contract clause FAR 52.252-2 entitled “Clauses Incorporated By Reference (FEB 1998).”

CLAUSE

NUMBER TITLE DATE

F.2. Period of Performance

F.2.1. Master IDIQ Period of Performance and Ordering Period

The ordering period for this Master IDIQ contract shall be comprised of a base period of one year and four option periods of one year each.

It is anticipated that the actual ordering period will be as follows:

F.2.2. Task Order Period of Performance

Task Orders (TOs) issued under this Master IDIQ contract during the authorized ordering period are anticipated to be for a period of performance of one year. The DOE reserves the right to issue TOs for term lengths other than one year if determined to be in the best interest of the government.

F.2.3. Exercise of Options

DOE has included four (4) 1-year options to extend the term of this master IDIQ contract. In order to demonstrate the value placed on quality performance, a mechanism has been provided for continuing a contractual relationship with the successful contractor that performs at a level which meets or exceeds quality performance expectations, as communicated to the contractor in writing by the CO. When deciding whether to exercise the option, the CO will consider the quality of the contractor’s performance under this master IDIQ contract, as well as the requirements specified at FAR 17.207, “Exercise of Options.”

F.3. Place of Performance

Performance location(s) shall be specified on the TO and/or by phone, email, or fax from the DOE COR. The place of performance will be at federal facilities located in the United States, U.S. Territories and foreign countries.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1. Contract Administration for the Government

G.1.1. Administration of the Contracts

Administration of this contract shall be accomplished by the DOE GFO at the address on the award sheet. The following individuals at the DOE GFO are responsible for that administration:

G.1.2. Correspondence Procedures

G.1.2.1. Technical Correspondence

Technical correspondence (as used herein, excludes technical correspondence where patent or technical data issues are involved and correspondence which proposes or otherwise involves waivers, deviations, or modifications to the requirements, terms, or conditions, of this contract) shall be addressed to the COR, or other duly authorized Government representative, with an informational copy of the correspondence to the CS. Additional point(s) of contact (if applicable) for technical correspondence shall be specified in the TO.

G.1.2.2. Other Correspondence

Correspondence of a non-technical nature shall be addressed to the CO or CS with informational copies of the correspondence to the COR. The contractor shall use the CS as the primary point of contact. Additional points of contact may be specified in the TO.

G.2. Invoicing Instructions

The contractor shall submit invoices in accordance with the specific instructions provided below and in the applicable clauses in Section I. The submission of complete and correct invoices will reduce correspondence and other causes for delay to a minimum and will assure prompt payment to the contractor.

Additional direction may be provided in each TO issued against this master IDIQ contract. These instructions may include invoice format, invoice contents and any required attachments or enclosures, submission and addressing instructions, etc. required by the TO.

G.2.1. Minimum Required Information

Each invoice submitted shall include the following:

(a) Master IDIQ Contract number;

(b) Task Order Number;

(c) Contractor name and address;

(d) Date of invoice;

(e) Invoice number;

(f) CLIN(s), if applicable;

(g) Description and price of each CLIN, if applicable;

(h) Period covered by invoice;

(i) Total amount of invoice; and

(j) Cumulative amount invoiced to date.

(k) Payment address, if different from main address

G.2.2. Submission and Distribution

The contractor shall submit all invoices, original and copies, electronically through the Vendor Inquiry Payment Electronic Reporting System (VIPERS). The contractor shall also provide all support documentation for travel and other direct costs incurred with each voucher.

The contractor shall use VIPERS at http://finweb.oro.doe.gov/vipers.htm. This electronic submission system promotes increased accuracy and quicker response time, thus resulting in more expeditious payment of invoices. The web page has detailed instructions on how to enroll and use the system.

G.2.3. Defective or Improper Invoices

Invoices not conforming to this section and applicable clauses in Section I shall be deemed improper and/or defective. The contractor shall provide the name, title, office name, phone number, email, and complete mailing address of their official point of contact for all invoice issues.

G.3. Contractor’s Point of Contact

The Contractor shall identify to the CO the official(s) who has the authority and is responsible for managing, administering, and negotiating changes to the terms and conditions of this contract, as well as executing contract modifications on behalf of the company.

G.4. Modification Authority

Notwithstanding any of the other clauses of this contract, the CO shall be the only individual, on behalf of the Government, authorized to:

(a) Accept nonconforming work,

(b) Waive any requirement of this contract, or

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

(d) The contractor shall bear all costs for any work performed outside the terms and conditions of the contract not authorized in writing by the CO.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1. Incorporation of Representations, Certifications, and Other Statements of Offeror

The Representations, Certifications, and Other Statements of Offeror, completed by the contractor, and dated “To be completed at time of award” are hereby incorporated by reference. The Online Representations and Certifications Application (ORCA) website must be updated annually to remain valid.

H.2. Task Orders (TOs)

The Contractor shall provide services under this contract only in performance of TOs and revisions to TOs signed by the CO and provided to the Contractor. The Contractor shall commence performance upon the receipt of a TO signed by the CO.

H.2.1. Procedures for Requesting and Awarding Option Year TOs

The following procedures are preferred by the DOE GFO; this section will be tailored prior to contract award to reflect the final PWS and other terms and conditions. The Government intends to award option year TOs to include all PF services required to support the estimated workload for that year.

H.2.1.1. Requesting Option Year TO Proposals

DOE GFO will submit a Request for Proposal (RFP) through the FEDCONNECT system to inform the Contractor of:

(a) The workload estimate for the option period;

(b) Deliverables and required delivery dates; and

(c) Any other pertinent information deemed necessary.

After receiving the RFP, the Contractor shall submit a TO proposal through FEDCONNECT within 30 days, unless otherwise specified by the CO.

H.2.1.2. Option Year TO Proposal Information

The Contractor will provide a performance-based proposal on a firm fixed price basis with reimbursement for actual travel costs. The fixed price portion will be comprised of total labor costs; travel costs will be an estimate based on the workload estimate. The Contractor's TO proposal shall, at a minimum, consist of the following information:

Cost Proposal comprised of:

(1) Labor categories, rates and estimated hours necessary to complete the estimated workload;

(2) Estimate of Travel costs, including number of trips and estimated days per trip;

(3) Subcontracting and consulting costs; and

(4) The total of firm fixed price and estimated travel costs for completion of the task order.

Upon receipt of the Proposal, the DOE shall evaluate both price and non price factors to determine reasonableness and best value to the government, Upon completion of the evaluation process and any required negotiations, the CO shall issue a TO based upon the final proposal. The contractor is not authorized to commence performance until they receive the TO signed by the CO.

H.2.2. Task and Delivery Order Ombudsman

The head of the agency has designated a task-order and delivery-order ombudsman pursuant to FAR 16.5. The ombudsman reviews complaints from contractors and ensures they are afforded a fair opportunity to be considered, consistent with the procedures in the contract. The ombudsman is a senior agency official who is independent of the CO. Issues which cannot be resolved by the CO may be referred to the DOE Task and Delivery Order Ombudsman.

Task and Delivery Order Ombudsman Contact Information:

H.2.3. Administrative Information for TOs

The ordering official as anticipated in FAR 52.216-18, Ordering, is: The CO as defined in clause G.1.1, Administration of the Contracts.

The CO is responsible for all TO activities including requesting TO Proposals, evaluating for award, awarding, funding, all administrative activities and evaluating contractor performance for all TOs issued. All TOs will include a reference to the basic contract.

After a TO is issued, if any revision to the Order becomes necessary (that is within scope), the CO shall review the proposed changes to determine whether a modification needs to be issued. Any proposed changes shall not be considered approved or implemented until the CO has issued a signed TO modification.

The DOE CO will provide a copy of issued TOs and TO modifications to the COR and the TO contractor.

H.2.4. Close-Out / Release of Claims

Close-out procedures for all TOs will be detailed in the TO clauses.

H.3. Travel Costs

Travel costs incurred in the performance of TOs shall be reimbursed to the contractor at actual reasonable costs in accordance with the cost principles of FAR 31.205-46 entitled “Travel Costs”. All travel shall be in accordance with DEAR 952.247-70, Foreign Travel, and U.S. Federal Travel Regulations.

(FTR website: www.gsa.gov/federaltravelregulation/)

Travel costs shall be approved in advance by the CO or COR. Any travel not approved by the CO or COR shall be treated as an unallowable expense. The CO, with the COR’s concurrence, shall provide initial approval of all proposed trips and travel costs through the award of a TO. If additional trips are needed, or costs are expected to exceed the initial proposed amount, the contractor shall request approval from the CO and the COR for the additional trips/costs no less than thirty (30) days in advance of those trip(s).

Travel expenses incurred in commuting to and from the contractor’s normal place of work will not be reimbursed.

H.4 Segregation of Costs (in relation to Pre-NOI & Post-NOI services on non-DOE Task Orders for ESPC projects)

The contractor shall keep a record of costs, segregated by Pre-NOI vs. Post-NOI tasks, for all ESPC projects. Further instructions shall be provided in the TO.

H.5. Key Personnel

The contractor shall provide a list of key personnel to the CO and COR for each yearly task order, as well as a list to the CO, COR and agency site CO for each individual project. The key personnel list for the yearly task order shall be provided within ten (10) days after task order award. The key personnel list for each individual project shall be provided within five (5) days after the CO or COR provides official notification of a new project requiring PF services. The contractor shall notify the CO, COR, and/or agency site CO in writing of any proposed changes in key personnel thirty (30) days in advance.

H.6. 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 agree 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 that did not require the Contractor to treat it in confidence.

(b) The Contractor agrees to:

(1) 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) 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, upon request of the CO, the Contractor agrees to obtain from each employee a confidentiality agreement acceptable to the CO.

(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.7. Security Requirements

H.7.1. Passes and Badges

When required, all contractor employees shall obtain employee and vehicle passes and badges from the controlling Government agency for the project site. These security access badges shall be worn in conjunction with the Contractor-issued badge, above the waist, and in plain sight so as to be easily viewed.

The Government agency will issue passes and badges required for site access without charge. When an employee leaves the contractor's service, the employee's pass and badge shall be returned to the Government agency within ten (10) days.

H.7.2. Contractor Vehicles

Each contractor vehicle shall comply with Federal requirements mandated by each specific project site. The Government may issue vehicle passes as it determines, and these shall be displayed so as to be clearly visible at all times.

H.7.3. Contractor Access to Buildings

It shall be the contractor's responsibility, through the Government agency CO, COR, or their designated representative, to obtain access to buildings on the project site.

H.7.4. Contractor Access to Secure Areas

Certain areas of a project site may require that the contractor and its employees have an escort, and/or place limits on the days and times that the contractor and its employees may work in these areas. Specific instructions from each agency project site will identify any such secure areas and the requirements for contractor access to them. The contractor is responsible for complying with all security regulations, policies, guidance, and other protocols to ensure that security on the Federal site is not compromised.

H.7.5. Identification Requirements

All contract personnel attending meetings, answering Government telephones, sending emails and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as Contractors to avoid creating an impression they are federal Government employees.

H.8. Reporting Fraud, Waste, And Abuse To The Office Of Inspector General (APR 2008)

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

1. 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).

2. SPECIFIC REQUIREMENTS. Contractors are required to:

a. 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, 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.

b. 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.

c. Publish the OIG hotline telephone number in telephone books and newsletters under the contractor's cognizance.

d. 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.

e. 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.

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

3. OIG CONTACT INFORMATION:

U.S. Department of Energy, Office of Inspector General 1000 Independence Avenue SW, Washington, DC 20585 Toll Free: (800) 541-1625; Phone: (202) 586-4073 Fax: (202) 586-4902; Email: ighotline@hq.doe.gov

H.9. Standard Insurance Requirements

In accordance with FAR clause 52.228-5, entitled "Insurance – Work on a Government Installation," (JAN 1997) the following kinds and minimum amounts of insurance are required during the performance of this contract:

H.9.1. Worker’s Compensation and Employer’s Liability Insurance

(a) Worker’s compensation insurance shall be in an amount required by the applicable Federal and State Workers' Compensation and occupational disease statutes.

(b) Employer's liability insurance shall be in the amount of $100,000 or more.

H.9.2. General Liability Insurance

The minimum General liability insurance shall be bodily injury liability coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

H.9.3. Automobile Liability Insurance

Coverage shall be provided on a comprehensive basis. It shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performance of this 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.

H.9.4. Other Coverage

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

H.10. Government Furnished Property and Data

(a) Except as otherwise authorized by the CO in writing, only that property and data specifically included in the List of Government Furnished Property which follows shall be furnished:

There is no Government Furnished Property List.

(b) Except as otherwise authorized by the CO in writing, the Contractor is not authorized to acquire as a direct charge item under this contract any equipment, including office equipment, furniture, fixtures, or other personal property items.

(c) Any request for authorization for acquisition of items shall include an analysis of the most economical method of acquisition.

(d) Any Government Furnished Property necessary for the completion of TOs issued pursuant to this contract will be identified on individual TOs when issued and determined appropriate.

H.11. Contractor Interface with Other Contractors and/or Government Employees

The Government may undertake or award other contracts or task orders for additional work or services. The Contractor shall cooperate fully with all other Federal Contractors, and with Government employees, and carefully fit its own work to such other additional work as may be directed by the CO or his 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.

H.12. Lobbying Restrictions

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.13. Observance of National Holidays

The Contractor shall observe holidays in accordance with each agency site’s requirement and shall comply with any related site security during the holiday period. Additionally, the Government will observe any other day designated by Federal statute, Executive Order, or Presidential proclamation.

The Contractor personnel shall comply with their own company's personnel policy and procedures regarding the administration of holidays. The costs associated with the observance of such holidays shall be consistent with established company cost accounting standards and practices; other terms and conditions of the contract; and those limitations set forth in FAR Part 31.

H.14. Phase In and Phase Out and Transition Plans

(a) The Contractor recognizes upon expiration or termination of this contract a successor, either another Contractor or the Government, may continue these services. The Contractor further recognizes the services covered by this contract are vital to the DOE mission, both at the commencement and the expiration of this contract.

(b) The Contractor shall fully cooperate with the successor and the Government in order to maintain continuity and consistency of services at a consistently high level without interruption. The Contractor shall give their best effort and cooperation in order to effect an orderly and efficient transition to the successor.

(c) If needed and as directed by the CO, the Contractor shall present a final Transition Plan to the CO for approval reflecting the activities and schedule planned by the Contractor to achieve operational readiness by the contract start date.

(d) At the expiration of this contract or any earlier termination thereof, the Contractor shall jointly prepare a detailed Phase In and Phase Out (PIPO) Plan with the successor. The PIPO work will begin as early as 90 days prior to expiration of this contract and for up to 30 days after it expires. The Contractor agrees to work in good faith with the successor in determining the nature and extent of the PIPO services needed under the PIPO plan. The PIPO plan shall specify an extensive training and orientation program to be provided to the successor that will address each area of the PWS covered by this contract. The PIPO plan must be submitted by the Contractor to the COR for written approval by the CO prior to commencement of any PIPO work. The Contractor shall provide sufficient experienced personnel to ensure the PIPO plan is successfully implemented and services are maintained at a high level without interruption. Execution of the PIPO plan shall be accomplished in accordance with the TO(s) issued.

(e) This clause shall apply to all subcontracts.

H.15. DOE Order 551.1C – Official Foreign Travel (JUN 2008) – Contractor Requirements Document

Regardless of the performer of the work, the contractor is responsible for compliance with the requirements of this Contractor Requirements Document (CRD). The contractor is responsible for flowing down the requirements of this CRD to subcontracts at any tier to the extent necessary to ensure the contractor‘s compliance with the requirements. This CRD establishes the requirements for Department of Energy (DOE) contractors whose contracts involve official foreign travel. Disclosure of information contained in the Foreign Travel Management System (FTMS), except for the purpose of obtaining country clearance, is prohibited unless approved by the Office of the Secretary. See DOE O 551.1C, Official Foreign Travel, dated 6-24-08, References (Attachment 2) and Definitions (Attachment 3). Foreign travel information may also be classified or unclassified controlled information and subject to those protections.

1. In preparing for or performing official foreign travel, contractors must comply with the following requirements.

a. Review, approve, and oversee all official foreign travel under their purview.

b. Establish appropriate internal controls to ensure accountability within their organizations.

c. Ensure that official foreign travel and/or official passport requests are submitted to the responsible program Secretarial Officer or Deputy Administrator, NNSA, funding the travel for final approval, or if there is no DOE funding, submitted to the official having programmatic responsibilities associated with the requested travel. At the discretionary request of the heads of Departmental elements, official passports can be provided to contractor personnel who engage in frequent travel for the Department of Energy.

d. Coordinate the review of official foreign travel with DOE officials responsible for intelligence, counterintelligence, security, aviation safety, export control, and technology concerns.

e. Comply with the following requirements for obtaining country clearance.

(1) Provide sufficient information for the responsible program Secretarial Officer or Deputy Administrator, NNSA, to provide notification to the U.S. Embassy in the country to be visited.

(2) Receive country clearance or assume country clearance specified by the U.S. Embassy in the country to be visited before the start of the travel.

f. Ensure that appropriate pre-briefings are provided for all employees 30 calendar days before the start of official foreign travel and debriefings are provided upon return by and at the discretion of DOE counterintelligence officers when travel is to a sensitive country, and/or interacting with sensitive country foreign nationals regardless of destination country, regardless of whether the traveler holds a security clearance.

g. Ensure compliance with closeout requirements before a new official foreign trip is authorized or approved unless waived for emergency response activities, as long as appropriate country clearances are obtained.

h. Ensure that emergency response personnel provide briefings to appropriate offices/officials as requested upon return from travel.

i. Ensure that, prior to forwarding a trip request to DOE for final approval, management has considered the travel risk and employee safety regarding travel including airline carriers and short-term medical and evacuation coverage to all countries.

j. Check with their Medical Health Support Services to ensure awareness of safety and health issues of the country to be visited.

k. Ensure that visas, when required, are obtained for official travel.

l. USG requires that personnel embarking on foreign travel longer than 30 days to take the “Overseas Security Seminar” conducted by the Department of State. The program element will determine how the training cost will be paid.

m. Ensure that when traveling for another organization, other than DOE, a copy of the appropriate paperwork is provided to his/her responsible program Secretarial Officer, i.e. granted country clearance, letter of invitation.

2. In controlling official foreign travel, contractors must comply with the following requirements.

a. Foreign Travel Management System (FTMS) is the official Departmental system for tracking, monitoring, reporting, and securing approval of all foreign travel conducted by Federal and contractor employees. Trip information and approvals are entered into FTMS by contractors with appropriate authorities.

b. All official foreign travel requests must be documented in the FTMS 30 calendar days before the proposed departure date.